Judicial Review is the power of the Judiciary by which:

i. The court reviews the laws and rules of the legislature and executive in cases that come before them; in litigation cases.

ii. The court determines the constitutional validity of the laws and rules of the government; and

iii. The court rejects that law or any of its part which is found to be unconstitutional or against the Constitution.

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.

i. Judicial Review Power is used by both the Supreme Court and High Courts: Both the Supreme Court and High Courts exercise the power of Judicial Review. But the final power to determine the constitutional validity of any law is in the hands of the Supreme Court of India.

ii. Judicial Review of both Central and State Laws: Judicial Review can be conducted in respect of all Central and State laws, the orders and ordinances of the executives and constitutional amendments.

iii. A Limitations: Judicial Review cannot be conducted in respect of the laws incorporated in the 9th Schedule of the Constitution.

iv. It covers laws and not political issues: Judicial Review applies only to the questions of law. It cannot be exercised in respect of political issues.

A Judicial review is the power of the Supreme Court of the United States to review actions taken by the legislative branch (Congress) and the executive branch (president) and decide whether or not those actions are legal under the Constitution. The court can nullify or invalidate an action if it is deemed unconstitutional. Judicial review is an essential part of checks and balances within the federal government giving the Supreme Court (judicial branch) equal power with the other two branches of government.

i. First introduced by French philosopher Charles de Secondat, Baron de Montesquieu , separation of powers was later institutionalized in the United States by the Supreme Court ruling in Marbury v. Madison.

ii. It is based on the idea that no branch of government should be more powerful than any other and that each branch of government should have a check on the powers of the other branches of government, thus creating a balance of power among all branches of government.

iii. The key to this idea is checks and balances.