Importance Of Judicial Review

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NAME OF STUDENT: DEVIKA GUPTA B.A.LLB (HONS) 4th Semester 2nd year ADDRESS: 303, SAMRIDHI GIRLS HOSTEL, GENDALAL BUM PARISAR, INDORE EMAIL ID: ACKNOWLEDGEMENT It is not possible to prepare a project report without the assistance and encouragement of other people. This is certainly no exception. On the very outset of this project i would like to extend our sincere and heartfelt obligation towards all the personages who have helped me in this endeavour. Without their active guidance, help cooperation and encouragement, i would not have made headway in this project. I am ineffably thankful to _______________________________________ for conscientious guidance…show more content…
The court has the power to review the legislative and executive actions and also review the actions of judiciary, it is the power to scrutinize the validity of law or any action as to whether it is intravire or ultravire. It is a concept of Rule of Law. Judicial Review is the check and balance mechanism in order to maintain the separation of powers. Separation of power has rooted the scope of Judicial Review. It is the great weapon in the hands of the court to hold any law and order which is inconsistent or in conflict with the basic law of the land as unconstitutional and unenforceable. The two basic principles of judicial review…show more content…
Madison of USA lies the origin of the concept of Judicial Review. But originally Lord Coke observed, in Dr. Bonham vs. Cambridge University, that had rooted the scope of judicial review for the first time in 1610 in England. The US Constitution doesn’t provide power of judicial review expressly instead Article III of the U.S. Constitution quotes as "the judicial power of the United States which includes original, appellate jurisdiction and also matter arising under law and equity jurisdiction incorporates judicial power of Court. Art. VI of the Constitution provides.” All powers of government are exercisable only by the authority of the organ established by the Constitution. Thus Art VI incorporates “Constitution of USA is the supreme law of the land”. Judicial review is the formulation by the Court. Supreme Court of US holds the power to check the actions of Congress and State Legislatures from delegating the essential legislative function to the executive. The principle “due process of law” creates a democratic balance in US by declaring the laws arbitrary and

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