​ Judicial Review: Meaning and Concept

Judicial Review refers to the power of the judiciary—especially constitutional courts—to examine the constitutionality of laws, executive actions, and governmental decisions. If any law or action is found to be inconsistent with the constitution, the courts have the authority to declare it invalid or unconstitutional.

It is one of the most important features of a constitutional democracy, ensuring:

• Supremacy of the Constitution

• Protection of fundamental rights

• Checks and balances among organs of the state

• Limitation of arbitrary or unlawful governmental power

Judicial review is exercised by superior courts in matters relating to legislative actions, administrative acts, and constitutional amendments.

Objectives of Judicial Review

1. To uphold constitutional supremacy

2. To protect fundamental rights of citizens

3. To prevent misuse of powers by the executive or legislature

4. To ensure rule of law

5. To maintain balance among governmental organs

Types of Judicial Review

1. Review of Legislative Actions – to see whether a law violates the constitution.

2. Review of Administrative Actions – to ensure fairness, reasonableness, and legality in executive decisions.

3. Review of Constitutional Amendments – in some countries, courts can check whether amendments conflict with fundamental constitutional principles.

Landmark Cases of Judicial Review

Below are major landmark cases (commonly studied in South Asian constitutional law, especially Pakistan and India) that shaped the doctrine of judicial review.

1. Marbury v. Madison (1803, USA)

Significance

• Considered the foundational case for judicial review in modern constitutional law.

• Chief Justice John Marshall established that the Supreme Court has authority to review acts of Congress and declare them unconstitutional.

Principle Laid Down

• “It is emphatically the province and duty of the judicial department to say what the law is.”

This case created the basis for judicial review worldwide.

2. State v. Dosso (PLD 1958 SC Pakistan)

Significance

• Supreme Court validated the first martial law under the “Doctrine of Necessity”.

• Upheld the 1958 military coup, stating that successful revolution becomes a law-creating fact.

Why Important?

• Set a controversial precedent where judiciary supported extra-constitutional actions.

3. Asma Jilani Case (PLD 1972 SC Pakistan)

Significance

• Rejected the doctrine of necessity applied in Dosso’s case.

• Declared Yahya Khan’s martial law illegal.

Principle Laid Down

• The Constitution is supreme and no usurper (illegal ruler) can validate unconstitutional rule.

This case strengthened judicial review and constitutional supremacy.

4. Zafar Ali Shah Case (PLD 2000 SC Pakistan)

Significance

• Related to General Pervez Musharraf’s military takeover in 1999.

• Court provided limited validation to the coup but imposed strict conditions and time-limits.

Principle

• Judiciary may review and restrict actions of a military ruler.

5. Sindh High Court Bar Association Case (2012 Pakistan)

Significance

• Supreme Court declared the measures taken under the 2007 emergency by Gen. Musharraf unconstitutional.

• Fired judges restored and PCO judges removed.

Principle

• Strengthened the independence of judiciary and limited executive overreach.

6. Kesavananda Bharati Case (1973 India)

Significance

• Introduced the Basic Structure Doctrine.

• Parliament cannot amend the basic structure of the Constitution.

Why Important?

• Became the strongest tool of judicial review in India and influenced many countries.

7. Maneka Gandhi Case (1978 India)

Significance

• Expanded the interpretation of “Right to Life and Liberty”.

• Courts can review any administrative action violating fairness and natural justice.

Importance of These Landmark Cases

• Strengthen constitutional supremacy

• Limit powers of government

• Establish higher standards of fundamental rights

• Ensure independence of judiciary

• Protect democracy and rule of law

Conclusion

Judicial review is the backbone of constitutional governance, preventing misuse of legislative or executive authority. The landmark cases played a crucial role in shaping constitutional jurisprudence, balancing state power, and safeguarding citizens’ rights. Through these judgments, courts established that the constitution is supreme, and all institutions must function within its limits.