Judicial Review: Constitutional Safeguard and Protector of Fundamental Rights

Judicial review is one of the most significant features of constitutional governance and democratic administration. It acts as a mechanism through which the judiciary examines the constitutionality and legality of legislative enactments and executive actions. In democratic societies, judicial review preserves constitutional supremacy, safeguards individual liberties, and ensures that governmental authorities function within the limits prescribed by the Constitution. In India, judicial review has evolved into a powerful constitutional tool that enables courts to protect Fundamental Rights and maintain the basic structure of the Constitution. The doctrine of judicial review originated in the United States through the landmark case of Marbury v. Madison and later influenced constitutional systems across the world. The Indian Constitution expressly incorporates judicial review under Articles 13, 32, 131–136, 143, 226, and 227. The judiciary, especially the Supreme Court of India, has interpreted these provisions expansively to preserve constitutional morality and democratic values. Judicial review in India has undergone remarkable transformation through landmark judgments such as Kesavananda Bharati v. State of Kerala, Minerva Mills v. Union of India, and I.R. Coelho v. State of Tamil Nadu. This research paper examines the meaning, concept, constitutional basis, historical evolution, and importance of judicial review with special reference to India. It further analyses the relationship between judicial review and Fundamental Rights, the doctrine of basic structure, landmark judicial pronouncements, and comparative perspectives from different countries. The paper concludes that judicial review remains indispensable for maintaining constitutional balance, rule of law, and democratic governance.