JUDICIAL REVIEW IN INDIA: AN ANALYSIS OF THE CONSTITUTIONALITY OF LAWS
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Abstract
Indian Constitution is blend of American and British Constitution. Indian Parliament is not a sovereign law making body like its English counterpart. It is owing to this reason that our constitutional system “wonderfully adopts the via media between the American system of judicial supremacy and the English principles of parliamentary supremacy”. India has written constitution and has a democratic federal constitution, which is the supreme law of land and all other laws are subject to this supreme law. The tendency in the growth and prolixity of the unconstitutional legislation in India unquestionably signifies a matter of great concern and it requires alertness and determination to cultivate the habit of evading laws in conformity with the Constitution. There is no express provision in the Constitution of India declaring the Constitution to be the supreme law of land, because they believed that when all the organs of government, federal and State, owe their origins to the constitution and derive powers thereform, and the Constitution itself cannot be altered except in the manner specifically laid down in the Constitution.
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