What Is Judicial Review? Scope, Grounds and Limits Under Indian Constitutional Law
Date Published
During the Constituent Assembly debates, B.R. Ambedkar called Article 32 the "very soul of the Constitution". The reason is simple. A right that you cannot enforce is only a wish. Article 32, together with Article 226, gives you a court to go to when a right is violated. Behind both stands one big idea: judicial review.
This blog explains judicial review in plain words, shows where it sits in the Constitution, lists the grounds on which courts use it, and then looks at its limits. It is a core topic for the Civil Judge Exam, PCS J Exam and APO Exam.
Judicial review in simple words
Judicial review is the power of the Supreme Court and the High Courts to examine what the legislature and the executive do, and to strike down whatever conflicts with the Constitution. It covers laws, ordinances, orders, bye-laws, rules, regulations, notifications and customs that have the force of law.
Why does this power exist? Because of the separation of powers and constitutional supremacy. If Parliament or the Government could do anything it liked, the Constitution would not be supreme. Judicial review is the check that keeps every organ inside its limits.
Where judicial review lives in the Constitution
Provision | What it does for judicial review |
Article 13 | Laws that infringe Part III (Fundamental Rights) can be declared void to the extent of the infringement |
Article 32 | A person can approach the Supreme Court directly to enforce Fundamental Rights |
Article 226 | High Courts can issue writs; Article 227 gives them superintendence over lower courts |
Articles 131 to 136 | The Supreme Court's original, appellate and special leave jurisdiction; Article 131 covers original jurisdiction and Article 136 covers special leave |
Articles 141 and 142 | Supreme Court decisions bind all courts, and its decrees are enforceable across India |
Article 143 | The President may consult the Supreme Court |
Articles 245 to 254 | Govern legislative competence between the Centre and the States |
Article 368 | Central to case law on constitutional amendments |
In exam answers, name Articles 13, 32 and 226 first. These three are the backbone. The others add depth when the question is longer.
Grounds on which courts review
• Violation of Fundamental Rights.
• Lack of legislative competence in Centre-State matters.
• Infringement of the basic structure, including by constitutional amendments.
• Arbitrary or unfair procedure, which was read into Article 21 after Maneka Gandhi.
• Bias or breach of natural justice in quasi-judicial decisions.
Read Blog: Powers and Functions of NGT Act, 2010
How far does the power reach?
Ordinary laws and executive actions are reviewable. Constitutional amendments are reviewable on basic structure grounds since Kesavananda Bharati. Laws placed in the Ninth Schedule after April 1973 can be reviewed. Presidential proclamations under Article 356 are reviewable, as held in Bommai. Decisions of the Speaker on disqualification under the Tenth Schedule can be reviewed for bias and breach of natural justice, as held in Kihoto Hollohan.
A good habit is to attach a case name to each item in this list. A fact with a case behind it is easy to remember and easy for the examiner to credit.
The journey of judicial review through cases
The history is best remembered as a conversation between Parliament and the Court.
Year | Case or event | Point |
1950 | Charanjit Lal | Laid down the presumption of constitutionality |
1950 | A.K. Gopalan | Suggested Fundamental Rights were mutually exclusive |
1951 | First Amendment; Shankari Prasad | Ninth Schedule added; amendments held not to be "law" under Article 13 |
1967 | Golaknath | An 11-judge bench held amendments are "law" under Article 13 |
1970 | R.C. Cooper | Overruled Gopalan; Fundamental Rights are not mutually exclusive |
1973 | Kesavananda Bharati | A 13-judge bench overruled Golaknath and set out the basic structure doctrine |
1975 | Indira Nehru Gandhi v. Raj Narain | Rule of law identified as part of the basic structure |
1978 | Maneka Gandhi | A 7-judge bench read Articles 14 and 19 into Article 21 |
1980 | Minerva Mills | Judicial review held to be part of the basic structure |
1981 | Waman Rao | Prospective overruling applied; pre-1973 Ninth Schedule laws protected |
1992 | Kihoto Hollohan | Review of the Speaker's decisions limited to bias and natural justice |
1994 | S.R. Bommai | Article 356 proclamations are reviewable |
1997 | L. Chandra Kumar | Articles 32 and 226 declared part of the basic structure |
2007 | I.R. Coelho | Ninth Schedule laws added after 1973 are reviewable |
Notice the pattern. Parliament passed the 24th and 25th Amendments in 1971 in response to Golaknath, and the Court answered in Kesavananda. In 1976 the 42nd Amendment tried to remove review of amendments, and Minerva Mills struck those provisions down. Each time, the Court protected its own power to review.
Key doctrines in one place
• Basic structure: Set out in Kesavananda Bharati. Protected elements include judicial review, separation of powers and the rule of law. Parliament can amend the Constitution but cannot destroy its basic structure.
• Ninth Schedule: Added by the First Amendment (1951) to shield certain laws from review. Its protection was later limited by Waman Rao (1981) and I.R. Coelho (2007).
• Prospective overruling: From Waman Rao (1981). A new ruling applies going forward and does not undo past decisions.
• Substantive due process: Built up through Maneka Gandhi, Sunil Batra and Bachan Singh, and applied in Mohd Arif (2014).
Watch Our You Tube Video:
Specific Relief Act, 1963 One Shot | Complete SRA In One Video
Limits on judicial review
Judicial review is powerful, but it is not unlimited. Courts accept several limits on themselves.
• Presumption of constitutionality: Courts presume statutes are valid, and the challenger must show a clear violation (Charanjit Lal, 1950).
• Judicial self-restraint: Judges should respect the separation of powers and avoid taking over legislative functions.
• Ninth Schedule shield: Pre-1973 Ninth Schedule laws cannot be challenged (Waman Rao, 1981).
• Narrow review of Speaker's decisions: Review is limited to bias and natural justice (Kihoto Hollohan, 1992).
• Activism concerns: Critics say that judges are not elected and are not answerable to voters, legislatures or the executive when they act without a textual basis.
• Amendment limits: Parliament can amend the Constitution but cannot destroy its basic structure.
The last point cuts both ways. It is both a limit on Parliament and a boundary on how the Court itself can read the Constitution. A balanced answer mentions both sides.
Two models of review
The American method allows review only in concrete cases and only for laws in effect. The Indian system follows a High Court model, where only the Supreme Court and the High Courts hold the power of review. This contrast can fit neatly in a comparative question.
A simple example to fix the idea
Suppose a State law bans a trade without any reason connected to public interest. A trader files a writ in the High Court under Article 226 and says the law violates a fundamental right. The High Court examines the law. It begins with the presumption that the law is valid. If the trader shows a clear violation, the court declares the law void to that extent under Article 13. That one example uses Articles 13 and 226, the presumption of constitutionality and the final remedy.
Common confusions
• Many students think only the Supreme Court has judicial review. High Courts have it too, under Article 226.
• Some students write that Article 32 can be used for any legal wrong. It is meant for enforcing Fundamental Rights, while Article 226 has a wider reach.
• Dates are often mixed up. Kesavananda Bharati is 1973, and Minerva Mills is 1980. Learn the pairs together.
Frequently Asked Questions
Q1. What is judicial review in simple words?
It is the power of the Supreme Court and High Courts to examine laws and executive actions and strike down those that conflict with the Constitution.
Q2. Which articles are the base of judicial review in India?
Article 13, Article 32 and Article 226 are the main base. Articles 131 to 136, 141, 142 and 245 to 254 add to it.
Q3. What are the main grounds of review?
Violation of Fundamental Rights, lack of legislative competence, infringement of the basic structure, arbitrary or unfair procedure, and bias or breach of natural justice.
Q4. Can constitutional amendments be reviewed?
Yes, on basic structure grounds since Kesavananda Bharati (1973).
Q5. Are Ninth Schedule laws immune from review?
Not fully. Laws added after April 1973 are reviewable, as held in I.R. Coelho (2007), while pre-1973 laws are protected under Waman Rao (1981).
Q6. Is a Presidential Proclamation under Article 356 reviewable?
Yes. This was held in S.R. Bommai (1994).
Q7. What is the presumption of constitutionality?
Courts assume a statute is valid, and the challenger must prove a clear violation. It comes from Charanjit Lal (1950).
Q8. What was held in L. Chandra Kumar (1997)?
Articles 32 and 226 were declared part of the basic structure, and excluding High Court jurisdiction without alternative review was held unconstitutional.
Q9. What is prospective overruling?
It means a new ruling applies only going forward and does not undo past decisions. It was applied in Waman Rao (1981).
Q10. Why is judicial review important for the Civil Judge Exam, PCS J Exam and APO Exam?
It links Articles 13, 32 and 226 with major cases and doctrines, and it appears in both direct and statement-based questions.
Take it forward with Aashayein Judiciary
Judicial review is the engine that keeps the Constitution supreme. If you know the articles, the grounds, the case timeline and the limits, you have a complete answer to most questions on this topic.
Nitesh Sir and the Aashayein Judiciary team teach constitutional law as one connected story rather than a list of cases. Join our Online Judiciary Coaching for Judiciary Notes, Judiciary Study Material, PYQ discussion and Mock Test practice for the Civil Judge Exam, PCS J Exam and APO Exam.