DIMENSIONS OF JUDICIAL REVIEW IN INDIA: AN EVALUATION
SHYAM PRAKASH PANDEY *
LL.B. (Campus Law Centre, University of Delhi) and LL.M. (Department of Law, Kurukshetra University, Kurukshetra), India.
*Author to whom correspondence should be addressed.
Abstract
This paper is an attempt to study the various dimensions of judicial review in India. Judicial review is a process under which executive and legislative actions are subject to review by the judiciary. It is basically an aspect of judicial power of the state which is exercised by the courts to determine the validity of a rule of law or an action of any agency of the state. A court with judicial review power may invalidate laws and decisions that are incompatible with a higher authority; an executive decision may be invalidated for being unlawful or a statute may be invalidated for violating the terms of a written constitution. Judicial review is one of the checks and balances in the separation of powers; the power of the judiciary to supervise the legislative and executive branches when the latter exceed their authority.
Keywords: HIV, Judicial review, Tribal areas, administrative discretion, north Andhra Pradesh, legislative action, India, judicial decisions