Research On Judicial Review In India

India is a country with a long history, with caste system as the core of the basic content of the law in ancient India. Religion were combined with the law in ancient India, caste system impenetrate with the India law, and become the quintessence of it. With the invasion of colonialism, India was exposed to the impact of Western rule of law represent by British, and takes this opportunity to open a prelude to the modernization of India's legal system. A series of bills promulgated by British established the form of the government, as well as the preliminary framework of the judicial system after the independence of India.In a combination of local features, India also practiced the separation of powers. It is indicated that India had some activities like judicial review before its independence. After independence, the federal court became India's Supreme Court through some changes. India's court system is single, at the same time adopted the British-style of parliamentary sovereignty, but in the selection of the mode of judicial review has gradually moved toward the American-style, which was deviated from the original intent of the framers of India constitution. In their eyes, the British Westminster model of judicial review was good, and parliamentary sovereignty cannot be challenged, which was closely integrated with the economic reforms, this background requested the Parliament had enough authority to carry out new reforms, especially land policy. At the same time, British-style model of legal education of judges has made India a very positive way to interpret the Constitution, as a result, Indian judicial review was very negative during the two decades after the founding of India, showed a tendency to get on well with legislation, the conflict between the Congress and the Court was not very obvious anyway.In Golak Nath vs. Punjab, 1967, the Supreme Court to a slim majority 6:5, the judgment indicated that the Congress could not amend the constitution to take away or derogation from the fundamental rights of citizens. As retaliation, Congress immediately amended the Constitution to make the 24 amendments and made it clear that Congress's constitutional powers are unlimited. By 1973, in Kesavananda Bharati vs. State of Kerala case, the Court considered that although the Congress has the power to amend any of the provisions of the Constitution, its modification should not change the basic structure of the Constitution, it was the generation of the principle of the basic structure of the Constitution, as the limit to the constitutional amendment. This event is of great importance in the history of judicial review in India. It is the theory that makes the role of the Indian courts subject to many controversies; judicial activism has been widely discussed. Court exercised of its right of judicial review in a positive form.In 80's, the judicial review was focus on the protection of fundamental rights of citizens, such as the right to freedom of life, equal rights and due process of law, etc. Into the 90's, the society's growing of public interests litigation were the problems faced by the judiciary, through public interests litigation cases to the exercised the right of judicial review was a feature in this period.Thus, the intensity of judicial review is different in the different stages after the independence of India, and the theory is constantly abundant.This article tries to make an analysis and elaboration of judicial review in India, from the theoretical foundation to the development phase, from the objects of judicial review to the way of judicial review and the foundation of judicial review. Judicial review in India has general theory of judicial review, also has its own characteristics, such as I mentioned above, the principle of the basic structure is a theory that developed by Indian judiciary in the exercised of judicial review. At the same time, political acts is avoid of judicial review in general, in order to help with the checks and balances, but India's courts can be reviewed on the political acts; and how to coordinate national policy guiding principles and basic civil rights must be considered in the process of judicial review. All of this reflected the characteristics of Indian judicial review.China is a parliamentary sovereignty country similar to India, China's judicial review system remains a large gap, which provided something for our system of judicial review to learn from in order to further improvement.