JUDICIAL REVIEW IN INDIA: A CRITICAL ANALYSIS OF ITS CONSTITUTIONAL EVOLUTION, EXPANDING SCOPE AND INSTITUTIONAL LIMITATIONS

ABSTRACT
Judicial review stands as the most potent instrument of constitutional governance in India,
empowering courts to examine the validity of legislative and executive action against
constitutional mandates. Originating from the foundational principles established in Marbury
v Madison and transplanted into Indian constitutionalism through deliberate framers' design,
the doctrine has evolved from a narrow tool of procedural oversight into a substantive
mechanism for rights protection, governance accountability, and constitutional integrity. The
Indian Constitution, through Articles 13, 32, 226, and related provisions, provides a
comprehensive framework for judicial oversight, which successive Supreme Court benches
have interpreted expansively. The Basic Structure doctrine, crystallised in Kesavananda
Bharati v State of Kerala, marked a watershed in placing constitutional amendments
themselves within the ambit of judicial scrutiny, a position unparalleled in comparative
constitutional law. This paper undertakes a critical examination of the constitutional evolution
of judicial review in India, its expanding doctrinal scope encompassing proportionality,
arbitrariness, and constitutional morality, and the institutional limitations arising from judicial
overreach, pendency crises, and democratic legitimacy concerns. Through a comparative lens
drawing upon the constitutional frameworks of the United States and the United Kingdom, the
paper evaluates the strengths and constraints of the Indian model. It argues for a principled
framework that retains the transformative potential of judicial review while establishing clearer
doctrinal standards and reinforcing institutional restraint. The analysis concludes that the
legitimacy and efficacy of judicial review depend not on the breadth of its exercise, but on the discipline and principled consistency with which it is deployed.
Keywords: Judicial Review; Basic Structure Doctrine; Constitutional Amendments;
Separation of Powers; Proportionality.