Constitutional Provisions for Judicial Review
There is no direct and express provision in the constitution empowering the courts to invalidate.
Some provisions in the constitution supporting the process of judicial review are:
Article 372 (1): Establishes the judicial review of the pre-constitution legislation.
Article 13: Declares that any law which contravenes any of the provisions of the part of Fundamental Rights shall be void.
Articles 32 and 226: Entrusts the roles of the protector and guarantor of fundamental rights to the Supreme and High Courts.
Articles 251 and 254: In case of inconsistency between union and state laws, the state law shall be void.
Article 246 (3): Ensures the state legislature’s exclusive powers on matters pertaining to the State List.
Article 245: The powers of Parliament and State legislatures are subject to the constitution's provisions.
Articles 131-136: Entrusts the court with the power to adjudicate disputes between individuals, between individuals and the state, between the states and the union; but the court may be required to interpret the provisions of the constitution and the interpretation given by the Supreme Court becomes the law honoured by all courts of the land.
Article 137: Gives a special power to the SC to review any judgment pronounced or order made by it. An order passed in a criminal case can be reviewed and set aside only if there are errors apparent on the record
Flashcard (64)
Studied by 0 people
Note