Define Judicial Review with special reference to the classification given by Justice Syed Shah Mohamed…

Question

Define Judicial Review with special reference to the classification given by Justice Syed Shah Mohamed Quadri. Describe the importance and scope of Judicial Review.

Ghissu Editorial · Accepted Answer

Judicial review is the courts' power to strike down laws and executive actions that violate the Constitution, which Justice Quadri classified into review of constitutional amendments, of legislation and of administrative action. Rooted in Articles 13, 32 and 226, it is a basic feature under Kesavananda Bharati (1973).

**Introduction**

Judicial review is a fundamental constitutional mechanism ensuring that all laws and executive actions conform to the Constitution, thereby preserving constitutional morality and the rule of law. It empowers the judiciary to act as a guardian of the Constitution, preventing arbitrary use of power. In ==Andhra Pradesh==, judicial activism has played a significant role in protecting citizens’ rights and maintaining the federal balance, reflecting the judiciary’s proactive stance in constitutional governance.

**Definition and Classification**

SKETCH: tree | Classification of Judicial Review by Justice Syed Shah Mohamed Quadri
- Judicial Review
  - Review of Constitutional Amendments
  - Review of Parliamentary and State Legislation and Subordinate Legislation
  - Review of Administrative Actions of Union and State Authorities

2. **Classification by Justice Syed Shah Mohamed Quadri**: Judicial review is categorized into three types: review of constitutional amendments (e.g., the Supreme Court⟦1⟧ struck down the NJAC Act, 2014, reaffirming the basic structure doctrine), review of parliamentary and state legislation (illustrated by cases like Golaknath (1967) and Minerva Mills (1980)), and review of administrative actions by Union and State authorities. This tripartite classification clarifies the comprehensive scope of judicial review across different government branches.

**Importance**

2. **Maintaining Federal Balance and Rule of Law**: It adjudicates disputes between the Centre and states, including ==Andhra Pradesh==, preserving federal equilibrium. Judicial review also enforces accountability and transparency, ensuring no authority is above the law.

**Scope**

1. **Legislative and Executive Review**: Judicial review covers all laws enacted by Parliament and State Legislatures, including constitutional amendments subject to the basic structure doctrine, as well as administrative decisions and subordinate legislation for legality and constitutionality.

**Conclusion**

Judicial review remains indispensable for upholding constitutional governance, protecting fundamental rights, and maintaining federal harmony, ensuring that the democratic framework functions within constitutional limits.

Define Judicial Review with special reference to the classification given by Justice Syed Shah Mohamed Quadri. Describe the importance and scope of Judicial Review.

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