The following are the salient features of the system of Judicial Review in India:
1. Both the Supreme Court and High Courts exercise the power of Judicial Review. But the final power to determine the constitutional validity of any law is in the hands of the Supreme Court of India.
2. Judicial Review can be conducted in respect of all Central and State laws, the orders and ordinances of the executive and constitutional amendments.
3. Judicial Review cannot be conducted in respect of the Acts incorporated in the 9th Schedule of the Constitution.
4. Judicial Review applies only to the questions of law. It cannot be exercised in respect of political issues.
5. Judicial Review is not automatic. The Supreme Court can conduct judicial review over a law only when it is challenged during the course of litigation. In other words, it becomes operative only when laws are specifically challenged before it or when during the course of litigation in a case, the question of constitutional validity of any law is raised before it.
6. While declaring a law to be void, the Supreme Court has to cite the provisions/ articles of the constitution which violate the law. It has to demonstrate the invalidity of the law struck down by it
