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Judicial Review and Decision Making Process

By Rajan Dargan

Published In

AIR 1999

Introduction Judicial review is the power of Court to pronounce upon the constitutionality of Legislative Act which fall within their normal jurisdiction to enforce and the power to refuse to enforce such as they find to be unconstitutional and hence void1. This seems to be an appropriate definition of judicial review. It is the well established and unchallenged fact that the Constitution of India is the Supreme law of the land. In order to uphold the dignity of the Supreme law of the land, judiciary must strike down every provision which is in contravention to the Articles of the Constitution. Thus judicial review is interposition of judicial restraint on the legislative as well as the executive organs of the Government. Khanna, J. in the Fundamental Rights’ case2 observed “judicial review is an integral part of our Constitutional system and a power has been vested in t ....

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