Judicial review ensures constitutional validity from "summary" of Constitution of India (Prabhat Prakashan) by Pratap Kumar Ghosh
The concept of judicial review plays a crucial role in ensuring the constitutional validity of laws and actions taken by the government. In India, the power of judicial review is vested in the judiciary, which acts as a guardian of the Constitution. Through judicial review, the judiciary has the authority to examine the constitutionality of laws passed by the legislature and actions taken by the executive. This process allows the judiciary to ensure that these laws and actions are in conformity with the provisions of the Constitution. The principle of judicial review is based on the idea that the Constitution is the supreme law of the land, and all other laws and actions must adhere to its provisions. By exercising judicial review, the courts are able to uphold the supremacy of the Constitution and prevent any violation of its principles. Judicial review enables the judiciary to strike down any law or action that is found to be in violation of the Constitution. This power serves as a check on the powers of the other branches of government and ensures that they do not overstep their constitutional limits. The process of judicial review involves a careful examination of the facts and legal arguments presented before the court. The judiciary must apply the provisions of the Constitution to the case at hand and determine whether the law or action in question is consistent with its provisions. In cases where a law or action is found to be unconstitutional, the judiciary has the authority to declare it null and void. This decision ensures that the rule of law is upheld and that all government actions are in accordance with the Constitution.- Judicial review is a vital mechanism for preserving the constitutional validity of laws and actions. By exercising this power, the judiciary plays a crucial role in upholding the principles of the Constitution and ensuring that the government functions within the limits set by it.
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