66
Marbury and lavish attention on the topic of judicial
review.’
The power of judicial review was implicit in the
Government
frequently
of
India
exercised
Act,
by
the
1935,
and
had
been
courts
of
India.
The
power was, however, expressly conferred by the Indian
constitution. Motilal C. Setalvad, in his book ‘My
life
–
Law
and
other
things’
stated
that
after
Marbury’s decision explaining why such a function was
the legitimate function
of the judicial department,
it was perhaps to avoid a controversy of this kind
that
Indian
constitution
makers
had
made
express
provision for judicial review.
Judicial review needs to be set in the context
of
mechanisms
which
seek
to
activate
broader
political accountability. The exercise of government
power must be controlled in order that it should not
be
destructive
of
the
very
values
which
it
was
intended to promote (Lord Steyn, “The Weakest and
Least Dangerous Department of Government”). There is
a growing appreciation that the courts and Parliament
have distinct and complementary constitutional roles