JUDICIAL REVIEW

• Judicial review refers to 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
• Article VI, clause (2) of the US CONSTITUTION CALLED
SUPREMACY CLAUSE . STATES THAT:
• The constitution shall be the supreme law of the land and the judges
in every state shall be bound thereby, anything in the constitution or
laws of any state to the contrary notwithstanding.
• Judcial review of state is clearly outlined in the supremacy clause.
This clause made it clear that no state law shall violate the
constitution and that all state courts must upheld this constitution.
• The courts through judicial review started determining the state
stautes and execute acts are valid or not
• They also decide the constitutionality of state laws under state
constitution.
 Marbury v. Madison,
347 U.S. 483 (1954)
• In this case, for the first time the judiciary took an active step and took a step
above the legislative actions.
• The power of judicial review was established in this case in this case the
constitutional issue was innvolved was that judiciary act of 1789 gave supreme
court original jurisdiction in cases innvolving the writs of mandamus, however
the constitution describes the cases which supreme court has the original
jurisdiction and does not includes the mandamus cases.
• There were two questions in front of chief justice : one, whether an act
repugnant to the constitution can become the law of the land and second can
court decide whether a law violates the constitutionor not.
• The chief justice marshall observed that the constitution is the fundamental
and paramount law of the nation and therefore an act repugnant to the
constitution is void. Also it is the duty of the court to apply the constitution
and disregard the act or statute contrary to constitution , given by constitution
under supremacy clause.
• The exerercise of judicial review is neither automatic nor mechanical it is only
when any law specifically challenged or when during the course of litigation in
a case. The issue of the constitutionality of law arises that conducts judicial
review this means the court cannot issue advisory opinion on legislation.
• Plessy v. Ferguson , that blacks could be treated as a separate class but must
be provided with equal facilities – separate but equal-founded on racial
discrimination was rejected by the Supreme Court at the risk of disturbing the
institutional committee and delicate balance between the three organs of the
State. Not only did the Court abolish the laws which did not ascribe to the
prescribed Constitutional norms, but also encompassed more rights which
were not clearly provided for in the Constitution.
• Brown v. Board of education, Between 1898 and 1937, the American Supreme
Court declared 50 Congressional enactments and 400 State laws as
unconstitutional. With the power of judicial review up in its sleeves, the
American judiciary started the modern concept of judicial activism in `1954
with this landmark judgment.
 BROWN V. BOARD OF EDUCATION
• EARLIER IN PLESSY V. FERGUSON, The Blacks Could Be Treated As Separate class but must be
provided with equal facilities
• Separate but equal
• Founded on racial discrimination was rejected by the supreme court at the risk of disturbing the
institutional committee and not ascribe to the three organs of the state.
• Court abolished the laws which did not ascribe to the prescribed constitutional norms, but
encompassed more rights which were not clearly provided in the constitution .
• In the initial stages, only in respect of substantive laws, the doctrine of due process was applied but
later the procedural laws also were brought within its purview. Between 1898 and 1937, the
American Supreme Court declared 50 Congressional enactments and 400 State laws as
unconstitutional. With the power of judicial review up in its sleeves, the American judiciary started
the modern concept of judicial activism in `1954 with the landmark judgment in Brown v. Board of
Education. Starting from this judgment and by a series of judgments after this, the Supreme Court
of America ruled out all the laws which segregated the Negroes from all the fields of day to day life.
The earlier position taken in Plessy v. Ferguson that blacks could be treated as a separate class but
must be provided with equal facilities – separate but equal-founded on racial discrimination was
rejected by the Supreme Court at the risk of disturbing the institutional committee and delicate
balance between the three organs of the State. Not only did the Court abolish the laws which did
not ascribe to the prescribed Constitutional norms, but also encompassed more rights which were
not clearly provided for in the Constitution.
• 347 U.S. 483 (1954)
• 163 U.S. 537 (1896)