The Judicial review from the prism of the Natural law

INTRODUCTION
Judicial review is a process in which the courts assess the actions of the executive and
legislative branches of government. A court with judicial review jurisdiction can invalidate
laws, acts, and government operations that are incompatible with a higher authority: for
example, an executive decision can be invalidated for being unlawful, or a statute can be
invalidated for violating a constitution's provisions. One of the checks and balances in the
separation of powers is the judiciary's ability to supervise the legislative and executive
departments when they exceed their authority. Because the law varies depending on the
jurisdiction, the manner and scope of judicial review may vary as well. The Supreme Court of
India conducts judicial reviews of government actions in India. A court having judicial
review jurisdiction can declare laws, acts, and government activities unconstitutional if they
contradict the Constitution's basic elements. Whereas the Natural law is a set of universal
moral principles that establishes ethical and moral rules for human behaviour. It's also known
as the Natural Law. Even if the government or state does not acknowledge it, natural law
exists. Natural law theory has influenced English common law enactment. Aristotle, Plato,
Hobbes, Cicero, and others were all advocates of the natural law.
 The judicial review from the prism of the natural law
The title itself suggest that judicial review have unique relation to the natural law, therefore
they are related in a way that executive and legislative power are not. Judicial Review
immediately calls up the idea of jurisdiction. Whereas the legislative power and executive
power signifies government . the difference between the government and jurisdiction is the
heart and soul of the overall theory of the constitutional government.
As I mentioned at the outset, judicial review is linked to natural law in a manner that
legislative and executive authority are not. This isn't to suggest that government isn't subject
to natural law: decrees, for example. Even government legislation are considered to be drawn
from natural law . A method of determining common principles of natural law: for example,
the legislation determines one's substantive right to life. Ensuring a decent wage, social
security, and other benefits As St. Thomas emphasises, A positive law, on the other hand,
derives its power from human agreement, from human consent. It is not the same as
determination or convention; it does not have the same power as natural law. However—and
this is the crucial point “The human will has the ability to change the world via its actions.
Common agreement can render anything right if it isn't, in and of itself, unjust. a violation of
natural rights therefore Judicial review is a function that exists within this realm”.
The judicial review is carried out on all of the authority's constitutional amendments. All
amendments that violate fundamental rights are declared null and invalid, and they are ruled
unconstitutional. The history of judicial scrutiny of constitutional changes may be traced. The
constitutional amendments were contested in the above-mentioned case laws, and all those
that were found to be invalid and void were proclaimed unconstitutional and void. In the
instances of Shankari Prasad v. Union of India, Sajjan Singh v. State of Rajasthan, I.C.
Golaknath v. State of Punjab, Kesavananda Bharti v. State of Kerala, and I.R. Coelho v. State
of Tamil Nadu, we can see the markings of judicial review of the constitutional change. All
of these examples are covered in depth in this study.
In India, we have the concept of judicial review embedded in the basic structure of the
constitution. It helps the courts to keep a check and balance upon the other two organs of
government whereas Natural law has made a great contribution in the legal jurisprudence of
the world.
 CONCLUSION
Judicial Review has unique relation to the natural law in a way that executive and legislative
power are not. This isn't to suggest that government isn't subject to natural law: decrees, for
example. Even government legislation are considered to be drawn from natural law. In India,
we have the concept of judicial review embedded in the basic structure of the constitution. It
helps the courts to keep a check and balance upon the other two organs of government.
Natural law has made a great contribution in the legal jurisprudence of the world.