ABSTARCT

Topic: Critical Analysis of the Judicial Review Process of Constitutional Amendments in

India

Judicial Review, which is the salient feature of the modern constitutionalism means the
examination by the courts the constitutionality of the legislative statutes and executive or
administrative acts and to determine whether or not they are prohibited by the written
constitution or are in excess of power granted by it. In other words, it means ‘a limited
government’.The powers of Government are limited by various concepts of the constitutions
such as supremacy of constitution, division of power between Centre and the State, separation of
power etc.Judicial review is an example of check and balances in a modern governmental
system, where the Judiciary checks the functions of the state. However the provision of Judicial
Review is not explicitly mentioned in the constitution. In so far as the Fundamental Rights are
concerned the Judicial Review is explicitly mentioned in Article 13 of the constitution. The basic
foundation of this concept lies in the statement of Sir Edward Coke in Dr. Boutham’scase (1610)
that “….when an act of Parliament is against common right and reason….the common law will
control it and adjudge such act to be void….”The scope of judicial review before Indian courts
has evolved in three dimensions – firstly, to ensure fairness in administrative action, secondly to
protect the constitutionally guaranteed fundamental rights of citizens and thirdly to rule on
questions of legislative competence between the Centre and the states. Now the other important
ingredient of Indian constitutionality is the procedure of ‘Amendments’incorporated under
Article 368 in the Constitution, reason being the Constitution should be a dynamic document. It
should be able to adapt itself to the changing needs of the society.

The Constitution of India is called a unique blend of rigidity and flexibility but if we look at the
number of amendments done to the constitution, then we may not see the rigidity. The
government is using the amendment procedure to nullify the judgements of the apex court and
for other similar reasons. There is a need of adequate judicial review of the amendments to check
this tendency of the legislature.
To examine the various case laws and juristic writings on the topic and to come up with the exact
explanations of the problems present in the system. To propose a reasonable solution to the
problems present in this area.

BY

P.Rahul Krishna Reddy

2018071

Section B