Judicial Review

Judicial Review is the power of the judiciary to interpret the constitution and to declare any such
law or order of the legislature and executive void, if it finds them in conflict the Constitution of
India.

As we know the Constitution of India is the supreme law of the land and the Supreme Court of
India is having the supreme responsibility of interpreting and protecting it.Judicial review acts
as a garduian of people protecting their fundamentral rights.If suprime court founds any thing as
unconstitutional then it has the power to declare it as invalid law.same power the high court too
has but high courts decision or judgment can be modifierd and then the final judgment would be
of supreme cpurt only. the procedure and scope of judicial review differs from state to state.

Judicial Review of Legislative Action

The judiciary detained that there is no hesitation, that the Constitution of India is trusted with the
judiciary and tasks for interpreting and necessities for preservation the essential rights of the
inhabitants of India. The court has responsibility to satisfy, whether the legislation passed by
legislatures is valid or not, and found it without authenticated provision of the Insdian
Constitution.

In Minerva mills v. Union of India (1981), case the S.C.I. has ruled for lawfulness of the
regulation. The court has pointed out significance of the influence of the court. The judiciary
detained that the Constitution of India has balanced powers between judiciary, legislature and
executives. It is the responsibility and occupation of the court to enunciate legitimacy of the rule.
If the courts are not doing their functions and duties properly, they deprive the people. In case of
deprivation, the people may come forward through writ to the court for remedy.

Judicial Review of Delegated Legislation

Delegated legislation consists of instruments which lay down general rules of conduct affecting
the community Delegated legislation often takes the form of regulations and encompasses
instruments such as ordinances, by-laws, rules, rules of court, proclamations, statutory
instruments, statutory regulations and statutory rules. As to judicial review of delegated
legislation, Australian courts have jurisdiction to rule on the validity of delegated legislation the
need for delegation became indispensable and it was sought to be justified on grounds of speed
flexibility and adoptabilitylegislative control over delegated legislation has become a living
continuity as a constitutional necessity. delegation of legislative power can be confined to non-
essentials or subsidiary matters.

Delegation of legislative powers of essential nature would be invalid. This has come as a first
principle laid down in the area of judicial control and subsequently expanded to a number of
rules laid down by the judiciary. In other words, an unconstitutional legislation cannot be
legalized by a valid Parent Act.

Rules farmed violating Parent Act are illegal Delegated legislation must be reasonable or do not
suffer from unreasonableness. Delegated legislation shall not be arbitrary or suffer from
arbitrariness. This is necessary to protect the rule of law. Delegated legislation made with
malfides or improper motives are held illegal -elegated legislation is also called
subordinate Legislation.