INTRODUCTION:

Judicial Review is the power of Courts to pronounce upon the constitutionality of legislative and
executive acts of the government which fall within their normal jurisdiction. It has the origin in
the theory of limited government and in the theory of two laws, viz.. an ordinary law and a
supreme law i.e Constitution. According to Basu in his book Basu's commentaries on
constitution of india, vol 1.  any act of the ordinary law making bodies which contravenes the
provisions of the supreme law must be void and there must be some organ which is to possess
the power or authority to pronounce such legislative acts void. In Fundamental Rights
CaseJustice Khanna said that judicial review has became an integral part of our constitution and
a power has been vested in the High Courts and the Supreme Court to decide about the
constitutional validity of the provisions of statutes. If the provisions of the statutes are found to
be voilative of any of the articles of the constitution which is the touchstone for the validity of all
laws the Supreme Court and the High Courts are empowered to strike down the said provision."

When the Legislature, Executive and Judiciary have harmed the constitutional values and deny
the rights, which have been definite under the Indian Constitution to the Indian inhabitants. In
such circumstances the judicial review plays very important role as protector for safeguarding
the rights of people. It is the long back journey, where we are right now. However, judiciary has
faced burden of many technocrats, lawyers, politicians and academicians. 

H.M.Seervai in his book of Constitutional Law of India itemized that the superiority of judicial
assessment is the conversant attraction of India, Canada and Australia, by which mechanism of
parting has not been seats in without ornamentation intelligence under the Indian Constitution.
The judicial assessment is technologically advanced as an indispensable feature in the countries,
wherever written Constitution is adopted. In India, different organs of the government have been
discriminating adequately, their powers and functions has been bifurcated and one structure of
government is not permitted to emancipation the occupations of alternative organ.

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 The parliamentary form of democracy, which is adopted by India, wherein every section of
people is involved in decision making and policy making process. Every organ reflects fair
representation of every section of the society. This is the kind of wide ranging democracy. It is
the consciousness of responsibility in each republican democracy. Such straightforward theme
has to be recalled by everyone.The primary duty for application of the rule of law lies with the
court. It is true that the rule of law is the groundwork of social equality. It can never be modified
through exercise of new powers of Parliament. Now it has been trusted, that the rule of law is the
straightforward attractiveness of every one Constitution. All those who exercise public powers,
they here the accountability. They have to work within democratic provisions of the
Constitution. The judicial review is significance to guide them. Under Article 226 and Article
227 of the Indian Constitution, the influence of judicial assessment, have been so long as to the
High Court. In Article 32 and Article136 of the Indian Constitution, the control of judicial
assessment has so long as to the S.C.I. for the review of every aspect of the government and
public functionaries.

EVOLUTION OF JUDICIAL REVIEW:

The Doctrine of Judicial Review was for the first time propounded by the Supreme Court of
America. Originally, the constitution of United States did not contain an express provision for
judicial review but it was assumed by the Supreme Court of United States in the historic case of
Marbury vs Madison 2. LEd.60. Chief Justice Marshall  observed that "the constitution is either
superior paramount law, unchangeable by ordinary means or it is on a level with ordinary
legislative acts and like other acts is alterable when the legislature shall please to alter it...........
Certainly all those who framed witten constitutions contempellate them as forming the
fundamental and paramount law of the nationand consequently the theory of every such
government must be that an act of the legislature repugnant to the constitution is void.... It is
emphatically the provonce and duty of the judicial department to say what the law is".

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In India the power of judicial review was exercised by the courts prior to the commencement of
the constitiution of india. the British Parliament introduced Federal System in India by enacting
the Government of India Act 1935. Under this act both the Central and State legislatures were
given plenary powers in there respective spheres. They were supreme in their alloted subjects
like British Parliament. The Act of 1935 established the Federal Court so as to function as an
arbiter in central and state relationship. The Federal Court was also empowered to scrutinize the
voilation of the constitutional directions regarding the distribution of powers on introduction of
federalism in india. The power of judicial review was not specifically provided in the
constitution but the constitution being federal, the Federal court was entrusted impliedly with the
function of interpreting the constitution and determine the constitutionality of legislative acts.

Mauriee Gwyer, Chief Justice of Federal Court of India in Bhola Prasad v The King Emperor
AIR 1942 F.C.R 17 P20, observed that " we must again refer to the fundamental proposition
enumerated in 1878 3 AC 889 (Reg v Borah) that Indian legislatures within their own spheres
have plenary powers of legislation as large and of the same nature as those of the parliament
itself, if that was true in 1878, it can not be less true in 1942.
The Federal Court of India vigorously worked for more than a decade with wisdom and diginity
and by various constitutional decisions. During the span of the decade Federal Court of India and
other High Courts reviewed the constitutionality of large number of legislative acts with full
judicial self restraint, insight and ability.