EVOLUTION OF JUDICIAL REVIEW: ??The notion of judicial review is rooted in the principles that constitution is the fundamental law. The governmental bodies must not do anything which is in conflict with the provisions of constitution. Judicial review has a more technical significance in pubic law which are founded on the concept of limited government. Judicial review in this scenario means that Courts of law have the power of reviewing the validity of legislative as well as executive or any other governmental act with reference to the provisions of the constitution. ?
The doctrine of judicial review originates from the American Supreme Court, although there is no evident provision in the American Constitution for the judicial review. In Marbury v. Madison, the Supreme Court established that it had the power of judicial review. ?In case of a contradiction between enacted law and the Constitution, the Courts shall declare the act void if they are found in violation of the provisions of the Constitution.?
In AK Gopalan verses State of Madras, the power of judicial review was firmly established and the limitations for its exercise were clearly expressed.
Under Article 13(2) “the state shall not make any law which takes away or abridges the right conferred by this part and any law made in contravention of this clause shall, to the extent of the contravention, be void.” thus, this article protects the fundamental rights.
Article 245(1) provides as follows: the legislative powers conferred under article 246 are also made “subject to the provision of constitution.”
?The Indian judiciary stands in a unique position where from it is capable of exercising the power of reviewing legislative enactments both of parliament and the state legislatures. This gives the judiciary the most potent weapon of judicial review under the constitution. In the words of Dr. M.P. Jain: “The doctrine of judicial review is thus firmly rooted in India, and has the explicit sanction of the constitution.”