2. Judicial review is a process under which executive or legislative actions are
subject to review by the judiciary
There is no express provision for judicial review in the Indian constitution
but it is an integral part of it.
Judicial review may invalidate laws and governmental actions that are
incompatible with higher authority
Judicial review is one of the check and balances in the separation of
powers
3. In India , the essence of judicial review is the supremacy of law. Judicial
review is the basic feature of the constitution.
In India, the concept of judicial review is founded on the rule of law. It
means that the constitution is the supreme law of the land and any law in
consistent there with is void
Judicial review refers the power of judiciary to interpret constitution and to
declare any such law or order of legislature or executive void, if it finds them
conflict the constitution of India
4. In United Kingdom, judicial review deals with public law wherein a judge
reviews the decisions or on an action of a public body and its lawfulness
In context to constitutional law, this does not mean to say that the concept
is not prevelent in countries having unwritten constitution
In United Kingdom, judicial review was not present in respect of primary
legislation but only for subordinate or delegated legislation.
This position had been changing with time because of the active role that
the judiciary has started taking in this respect
5. Judicial review brought home through the enactment of Human Rights act,
1998 which was passed on the basis of THE EUROPEAN CONVENTION FOR
THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOM,1953
heralded in the new era for judicial review
Section 7 of the act gives a person the right to approach a court to get a
declaration of incompatibility or any other order as is deemed appropriate