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VOL. 6, ISSUE 4 (2020)
Role of Indian judiciary towards implementation of judicial review in India: An evaluation
Authors
Shyam Prakash Pandey
Abstract
This paper is an attempt to study the role of Indian judiciary towards implementation of judicial review in India. Judicial review is basically an aspect of judicial power of the state which is exercised by the courts to determine the validity of a rule of law or an action of any agency of the state. It originated in English legal system and became a very important principle in the systems of government based on Rule of Law. In India, judicial review is not an event of sudden emergence but its gradual evolution depended on the constitutional ideas in different stages of Indian constitutional history. The constitution endows the judiciary with the power of declaring the laws as unconstitutional, if that is beyond the competence of the legislature according to the distribution of powers provided by the constitution or if that is in contravention of the constitution. Thus, while the basic power of review by the judiciary was recognized and definitely established, significant restrictions were placed on such a power, especially in relation to the fundamental rights concerning freedom, and liberty.
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Pages:214-220
How to cite this article:
Shyam Prakash Pandey "Role of Indian judiciary towards implementation of judicial review in India: An evaluation". International Journal of Law, Vol 6, Issue 4, 2020, Pages 214-220
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