SUPREME COURT AND THE POWER OF JUDICIAL REVIEW: A CRITIQUE


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Author :

RAHUUL KISHNANI

Volume :

1

Issue :

2

Abstract :

India chose a parliamentary type of democracy, in which all sections of the population are involved in policy-making and decision-making, ensuring that all points of view are represented and that all sections of the population are fairly represented in all such bodies. The Judiciary has a critical function to play in this type of inclusive democracy. That is the principle of accountability in any republican democracy, and regardless of the constitution’s other expositions, this core subject must be recognized by everyone wielding public power. The Supreme Court’s Judicial Review Power is the consequence of a succession of cases and a long- running battle with the legislature. Because the Indian Constitution is so explicit and thorough, the Indian Supreme Court was at a disadvantage from the start. Given this disadvantage, it has fought tooth and nail to keep as much Judicial Review as possible. This paper critically reviews the role and powers of Supreme Court towards Judicial Review in India.

Keyword :

Supreme Court, Power, Judicial Review, India, Constitution.
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