JUDICIAL REVIEW : AN ABSOLUTE POWER OF JUDICIARY

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 #Fundamental Rights.

(*CONSTITUTION OF INDIA : FUNDAMENTAL LAW OF LAND)

     The rights which are guaranteed by the Constitution Of India which is the Fundamental Law Of Land , are called as Fundamental Rights. It's nature is basic human rights.

There are 22 parts in our Constitution and in that , the 3rd part is concerned about the Fundamental Rights. This part deals with Article 12 - Article 35 of the constitution. These rights are available to the individuals against the STATE.

             *The Constitution Of USA is that first Constitution in the world to have given to its citizens ' the Fundamental Rights'. And we have taken the concept of fundamental rights from Constitution Of USA.

      ARTICLE 12 gives us the definition of STATE i.e.

            STATE includes the government and Parliament of India nd the government and the Legislature of each states and all Local or other authorities within the territory or under the control of Government of India.

     ARTICLE 13 gives us the so called negative definition of the LAW as well as the power of Judicial Review.  i.e.

          STATE shall not make any law which takes away or abridges the rights conferred by this part and any law made in contravention of this clause shall, tothe extent of the contravention, be void.


Which in nutshell means, any order/action/legislation/amendments by the STATE which takes away the Fundamental Rights or any rights inscribed in part III of our Constitution, is not a LAW.


If the STATE violates the definition of the Law and make some provisions which violates our Fundamental Rights, then it is the JUDICIAL REVIEW which comes in between and protect us from that Law.

            :- Judicial Review is the power of court to declare any order/action/legislation/amendment which violates/abridges/ contravenes any of the rights given in part III of the Constitution, an ULTRA - VIRES : Null and void or struck down.(*ULTRA - VIRES is a Latin word which means " not in the spirit of Constitution ")


Actually the power of Judicial Review is given to the courts i.e. Supreme Court as well as High Court of the states but not to the Subordinate Courts.


Now a sweet question comes in our mind, is Judicial Review an absolute power...??
   For this we have to go through the two judgements i.e. 
        ✳️ Keshavananda Bharti vs State of Kerala, 1973
        ✳️I R Coelho vs State of Tamil Nadu, 2007
     
In these two judgements, the Supreme Court states that STATE can do anything but cannot violates/abridges/contravenes the Basic Structure of Constitution Of India. And in these judgements only, it has been stated that "Judicial Review is the Basic Structure Of Constitution Of India".
             So, you can say that Judicial Review is an absolute power as it has been listed in Basic Structure of COI on 24 April 1973...
 

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