70
Constitution
….
The
task
of
interpreting
the
provisions of the constitution is entrusted to the
judiciary which is vested with the power to test the
validity of the actions of any authority functioning
under the Constitution … in order to ensure that the
authority
exercising
constitution
does
the
not
power
conferred
transgress
the
by
the
limitations
imposed by the Constitution on the exercise of that
power. This power of judicial review is therefore
implicit
in
expressly
a
written
excluded
constitution,
the
constitution
by
the
power
and
provisions
of
judicial
unless
of
review
the
is
available in respect of the exercise of powers under
any provision of the Constitution.’
Without going through all landmark decisions in
the
judicial
review
some
history
on
the
observations,
question
remarks
of
of
judicial
a
renowned
jurist are apt to mention here. On the inaugural
sitting of the Supreme Court of India, Harilal Kanai,
Chief
‘quite
Justice
of
India,
untouchable
by
said,
the
the
court
legislature
must
or
be
the
executive authority in the performance of its duties.