This document analyzes judicial review in India through a critical lens. It traces the historical evolution of judicial review from its origins worldwide to its establishment in India via the Indian Constitution. The analysis then considers judicial review in India, exploring debates around judicial activism versus restraint, whether it poses a threat to democracy, its constitutional limits, relationships to emergency powers and separation of powers. The document aims to critically examine India's practice of judicial review.
This document analyzes judicial review in India through a critical lens. It traces the historical evolution of judicial review from its origins worldwide to its establishment in India via the Indian Constitution. The analysis then considers judicial review in India, exploring debates around judicial activism versus restraint, whether it poses a threat to democracy, its constitutional limits, relationships to emergency powers and separation of powers. The document aims to critically examine India's practice of judicial review.
This document analyzes judicial review in India through a critical lens. It traces the historical evolution of judicial review from its origins worldwide to its establishment in India via the Indian Constitution. The analysis then considers judicial review in India, exploring debates around judicial activism versus restraint, whether it poses a threat to democracy, its constitutional limits, relationships to emergency powers and separation of powers. The document aims to critically examine India's practice of judicial review.
JUDICIAL REVIEW IN INDIAN CONTEXT: A CRITICAL ANALYSIS
SYNOPSIS
1. Introduction 2. Research Question and Hypothesis 3. Historical Evolution Tracing Origin in the World Marbury vs. Madison Emergence in India
4. Judicial Review and Indian Constitution
5. Critical Analysis Judicial Activism and Judicial Restraint A Threat to Democracy Constitutional Limits of Judicial Review Procedure established by law Declaration of Emergency Judicial Review and Separation of Power