JUDICIAL REVIEW AND OVERREACH IN ECONOMIC POLICIES: A CONSTITUTIONAL AND COMPARATIVE STUDY

AUTHOR – DEEPAN SUNIL R, AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH (AUUP)

BEST CITATION – DEEPAN SUNIL R, JUDICIAL REVIEW AND OVERREACH IN ECONOMIC POLICIES: A CONSTITUTIONAL AND COMPARATIVE STUDY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 728-737, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

This research paper examines the complex interplay between judicial review and economic policymaker in India, with particular focus on judicial overreach. While judicial review serves as a critical constitutional safeguard against arbitrary state action, excessive judicial intervention in economic policies raises concerns about separation of powers, democratic accountability, and economic efficiency. Through analysis of landmark judgments including R.K. Garg v. Union of India, BALCO Employees Union v. Union of India, and recent cases on spectrum allocation, coal blocks, and the 2024 electoral bonds case, this paper evaluates the evolving role of Indian judiciary in economic governance. The study adopts a comparative approach, examining the American “rational basis test” alongside India’s more expansive constitutional jurisprudence. The research concludes that while judicial review remains essential to prevent arbitrariness and protect fundamental rights, courts must exercise restraint in substituting their judgment for democratically elected institutions on matters of economic policy.