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Judicial review is the power of the judiciary to examine the constitutional validity of:
- laws made by Parliament and State Legislatures;
- subordinate legislation;
- executive and administrative actions.
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If an action is inconsistent with the Constitution, the Court may declare it unconstitutional, invalid or ultra vires.
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The doctrine originated in the United States and was authoritatively established in Marbury v. Madison (1803).
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In India, judicial review flows from the Constitution itself and is exercised by both the Supreme Court and High Courts.
Three Dimensions of Judicial Review
| Dimension | What is examined? |
|---|---|
| Constitutional amendments | Whether amendment damages basic structure |
| Legislation | Parliamentary, State and subordinate laws |
| Administrative action | Executive and administrative decisions |