IJFANS International Journal of Food and Nutritional Sciences

ISSN PRINT 2319 1775 Online 2320-7876

JUDICIAL REVIEW VIS A VIS CONSTITUTIONAL LANDSCAPE IN INDIA

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Dr. Falaknaaz Shaikh

Abstract

Judicial review is the process of examining the constitutionality of any law passed by Parliament. If an enacted law is found to violate or violate the provisions of the Constitution of India, then the High Courts or the Supreme Court of India can declare them invalid, thereby disallowing them from being enforceable. John Marshall, an American politician and lawyer, created the concept of judicial review. Rule of law is followed in India and the Constitution of India is considered as the supreme law of the land. The adopted laws should be in accordance with the basic structure of the Constitution and not with it, because it is ipso facto repealed. Although no express mention of the term "judicial review" can be found in the Constitution of India, there are several provisions of the Constitution which refer or imply the concept.

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