Judicial review as a tool for the protection of human rights

Abstract

Judicial review constitutes a foundational pillar of Indian constitutionalism and serves as a vital mechanism for the protection of fundamental rights. Although not expressly articulated in the Constitution, the power of judicial review is firmly embedded through Articles 13, 32, 226, and 227, enabling constitutional courts to scrutinize legislative and executive actions for conformity with constitutional mandates. Over the years, the Supreme Court and High Courts of India have transformed judicial review from a narrow procedural safeguard into a dynamic instrument for advancing substantive justice. Through landmark judgments such as Kesavananda Bharati, Maneka Gandhi, and Justice K.S. Puttaswamy, the judiciary has reinforced constitutional supremacy, expanded the scope of fundamental rights, and upheld the doctrine of basic structure. The evolution of Public Interest Litigation has further strengthened judicial review by enhancing access to justice for marginalized groups and addressing systemic rights violations. While judicial review must operate within the limits of separation of powers to avoid judicial overreach, its role remains indispensable in preventing arbitrariness and safeguarding liberty, dignity, and equality. In the face of emerging governance challenges and technological advancements, judicial review continues to ensure that fundamental rights remain enforceable, adaptive, and central to India’s constitutional democracy.

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