The constitutional validity of a legislative enactment or an executive order can be challenged in the Supreme Court or in the High Courts on the following three grounds.
- It infringes the Fundamental Rights (Part III)
- It is outside the competence of the authority which has framed it, and
- It is repugnant to the constitutional provisions.
From the above, it is clear that the scope of judicial review in India is narrower than what exists in the USA, though the American Constitution does not explicitly mention the concept of judicial review in any of its provisions. This is because the American Constitution provides for ‘due process of law’ against that of ‘procedure established by law’ which is contained in the Indian Constitution.
Further Reading:
To read more about the Difference Between Procedure Established by Law and Due Process of Law, check the linked article.
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