CONSTITUTIONALISM AND JUDICIAL REVIEW IN INDIA: SAFEGUARDING FUNDAMENTAL RIGHTS

AUTHOR – NANDHITHA R DINESH, STUDENT AT AMITY UNIVERSITY

BEST CITATION – NANDHITHA R DINESH, CONSTITUTIONALISM AND JUDICIAL REVIEW IN INDIA: SAFEGUARDING FUNDAMENTAL RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 248-256, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/WWWR3206

Abstract

A constitution without effective oversight is like a declaration without enforcement; fundamental rights without institutional guardianship may remain mere ideals. In modern constitutional democracies, judicial review and the protection of fundamental rights serve as essential safeguards, ensuring that laws protect individuals rather than leaving them at the mercy of unchecked state authority. This paper examines how constitutionalism the idea that government is bound by law and accountable to citizens is realized in India through judicial review and rights protection. It explores the historical and conceptual foundations of judicial review, analyzes landmark cases that have shaped its scope, and reflects on its practical impact in safeguarding  liberties of the citizens. The study also considers contemporary challenges, such as judicial overreach and systemic delays, while suggesting pathways for strengthening these mechanisms. Ultimately, judicial review is not merely a legal procedure but a vital bridge that translates constitutional promises into lived realities, making democracy meaningful and accountable.