The role of the judiciary in upholding fundamental rights in India: A critical analysis of judicial review
Author(s): Sartaj Singh
Abstract:In India, the judiciary has an important role to play in protecting fundamental rights as well as sustaining constitutional balance. These rights have been enumerated and judicial review has developed, as a means of protecting them, in landmark Supreme court cases like Kesavananda Bharati, Maneka Gandhi and Minerva Mills. The role of judicial review in protecting the fundamental rights under the Indian Constitution is critically examined in this paper. The research explores the tension between judicial activism and restraint and discuss how it affects the relative influence of legislative, executive and judicial power. Additionally, the paper looks at the connection between judicial review and social justice, i.e. the judiciary’s involvement in combating things such as discrimination and inequality. This paper evaluates this model through a review of findings from studied to understand its strengths and weaknesses in the India’s context. It also analyze whether the judicial review effectively protects the rights and interests of individuals and at the same time ensuring the principles of democracy and constitutional supremacy. Specifically, key challenges within the judiciary, including its relationship with the other branches of government of the constitutional democracy and the issue of judicial overreach were delegated storylines. The study finds that judicial review has contributed greatly to the protection of fundamental rights but demands further reforms to address its contemporary overreach and the balance question. Policy recommendations that seek to empower the judiciary to safeguard individual rights and dynamic a balance of powers are made
Sartaj Singh. The role of the judiciary in upholding fundamental rights in India: A critical analysis of judicial review. Int J Political Sci Governance 2025;7(4):305-310. DOI: 10.33545/26646021.2025.v7.i4d.513
