“It isemphatically the province and duty of the judicial department to say what thelaw is. Those who apply the rule to particular cases,must of necessity expoundand interpret that rule .If two laws conflict with each other, the court mustdecide on the operation of reach” _Chief Justice JohnMarshall”WE are under aConstitution, but the constitution is what the judges say it is, and thejudiciary is the safeguard of our property and our liberty and property underthe constitution ” -CharlesEvans Hughes1As rightly said byJustice Charles Evans Hughes, indeed Constitution is what the judges interpretfor the state and Judicial Review thus become an important tool in a democracyto help the Judiciary to carry out its function in accordance with theConstitution .Judicial review means the overseeing by the judiciary of power byother co-ordinates organs of the government with a view to ensuring that theyremain confined to the limits drawn upon their power by theConstitution.Thought broadly defined as above, Judicial Review is a term, whichis, used in different meanings in different countries .
In some countries it isused as the power of the court to cheek the constitutionality of any enactedlaw and in same countries it only cheeks the Administrative action. Judicial review could be understood in terms of twodifferent legal systems – TheCivil Law System and the Common Law System OR bytheories on democracy – theLegislative Supremacy and the Separation of Powerstheory. For instance in UnitedKingdom which is a common law country, ParliamentarySupremacy has beenestablished and thusJudicial Review of Legislative Acts is not permitted.
On the other hand inthe United States of America the “US’, Constitutional Supremacyprevails.Similarly in India the Doctrine of Separation of Powers has been heldas the BasicStructure of Constitution2 and Constitutional Supremacy established, permitsthereview of the Legislative Acts as well. In this research paper to make a comparisonbetween the US and INDIA with respect to Judicial Review .Chapter 1 look at theconcept of Judicial Review .Chapter 2take the detailed concept of Judicial Review in India and then go on theelaborate Judicial Review in USA .Chapter 3 deals the comparative study of bothcountries .
1 11th Chief Justice of Untied States of America 2Kesavanada Bharti V.Kerala AIR 1973 SC1461