Why this matters now
Judicial review is a core GS-2 concept — its basis, scope and limits, and the balance it strikes between judicial and parliamentary supremacy, are frequently tested.
Constitutional basis
Though not explicitly named, judicial review flows from several provisions: Article 13 (laws inconsistent with fundamental rights are void), Articles 32 and 226 (writ jurisdiction of the Supreme Court and High Courts), and Articles 131-136. It makes the judiciary the interpreter and guardian of the Constitution.
Scope of judicial review
Courts can review: constitutional amendments (against the basic structure), legislation (for legislative competence and rights violation), and administrative/executive action (for legality, reasonableness and procedure). It thus covers all three branches’ actions.
Review vs parliamentary sovereignty
India follows a middle path — neither full judicial supremacy (as in the US) nor parliamentary sovereignty (as in the UK) — a synthesis where the Constitution is supreme. The basic structure doctrine protects judicial review itself as part of the basic structure (it cannot be taken away by amendment).
UPSC angle
Know judicial review’s basis (Art 13, 32, 226), its scope over amendments/laws/executive action, the basic-structure protection of review, and India’s synthesis between judicial and parliamentary supremacy.
Frequently asked questions
What is judicial review?
The power of courts to examine the constitutionality of legislative and executive actions and strike down those that violate the Constitution.
What is the constitutional basis of judicial review?
Mainly Articles 13, 32, 226 and 131-136, even though the term is not explicitly used.
Can judicial review itself be removed by amendment?
No — it is part of the basic structure of the Constitution and cannot be abrogated.
How does India balance judicial and parliamentary power?
Through a synthesis where the Constitution is supreme — neither full judicial supremacy nor parliamentary sovereignty.