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Judicial review, in the simplest sense, is the power of the judiciary to review and determine the validity of the laws passed by the legislature in such a way that it does not conflict with the Constitution. The concept has been borrowed from the U.S. Constitution and is one of the basic structures of the Indian Constitution.
According to Article 13(2), the Union shall not make any law that takes away or bridges any fundamental rights and any law made in contravention of the aforementioned mandate shall, to the extent be void. From this article the main functions of Judicial review can be summarised as:
Further, it also safeguards the constitution of India by assessing the constitutionality of the government’s actions, thereby preventing unconstitutional laws and actions. It protects fundamental rights, allowing courts to nullify any law or action that infringes individual liberties. The Supreme Court’s Basic Structure Doctrine, established in Kesavananda Bharati v. State of Kerala (1973), ensures that certain core constitutional features remain unaltered, even by amendments. Judicial review also prevents abuse of power by promoting accountability and transparency in governance and upholding the rule of law.