Judicial Review

[Gas]

Judicial Review is a power conferred to the Supereme Court and the High Court under Articles 32 and 226 of the Indian Constitution. If the fundamental rights of the citizens as provided in part III of the Constitution of India is violated, article 13 provides for judicaila review. It is the power to declare any statute or a part of a statute or an Act as ultra vires, if it violates any of the Constitutional provisions and declare it as unconstitutional. After the 44th Amendment, clause 4 was added which states that the ordinace making power of the President comes under the purview of Judicial Review.

 

[bharat]

Judicial Review is doctrine incorporated in Article 13 of the Constitution of India. It is a power given to the High Court and The Supreme Court to declare any law or ordinance of the President as unconstitutional and void if it overrides any of the Fundamental rights conferred to the citizens of India by the Constitution which is regarded as the supreme law of the nation.

 

[traveller]

Judicial Review is the doctrine that has been taken from the American Constitution. The doctrine empowers the High Court and the Supreme Court to declare a statute or part of a statue as unconstitutional and ultra vires of the Constitution. Is this doctrine only confined within the books and the Constitution? If not, then why are bills like "Reservation in Promotion of Government Jobs" are made? This is also overriding the fundamental rights as per Article 15 of the Constitution where it says that there should be no discrimination on the basis of sex, caste and religion. Doesn't it makes the bill ultra vires?