Judicial review in India can be applied in the form of writ petitions in High Courts or Supreme Court under Article 226 and Article 32 respectively.
By: Rajrishi Ramaswamy, Second Year B.B.A. LL.B, Symbiosis Law School, Hyderabad
What is meant by Judicial Review
Judicial review is the power of a higher court to test the constitutional validity of legislation passed and invalidate it if it is in violation of Fundamental Rights or if it violates the basic structure doctrine.
The Supreme Court is empowered under Article 32 to deal with cases of judicial review and the High Court, subject to Article 131-A can deal with judicial review of the validity of State laws alone and can issue writ petitions under Articles 226 and 227.
Steps to file a writ petition for judicial review in the Supreme Court
For filing a writ petition for judicial review in the Supreme Court, one can approach the filing counter physically or can also file the petition online at the Supreme Court’s website, at https://main.sci.gov.in/efiling.
The format for filing a writ petition is briefly described hereunder and the same can be accessed at https://main.sci.gov.in/pdf/writ%20format.pdf:
Along with 5 copies of the original writ petition, a signed affidavit which will be provided at the filing counter will have to be submitted by the petitioner and it includes:
- A prescribed cover page,
- An index,
- Annexures as may be required and
- A memo of appearance for which fees have to be paid.
Steps to file a writ petition for judicial review in the High Court
Under the five kinds of writs the High Court can issue, the writs relating to judicial review are usually considered to be Certiorari and Mandamus. Once the writ has been drafted in the format mentioned hereabove, one has to approach the High Court of competent jurisdiction and submit the drafted writ at the filing counter. The format for each of the writ petition can be accessed on the respective High Court’s website.
Other necessary documents are similarly required as previously mentioned.