Judicial Review And Its Role In Shaping Public Policy

Written by:  Vasant Subhash Sonawane, LL.M, Modern Law College, Pune

Published on: 13^th March 2026

Abstract

Judicial review, the power of courts to examine the constitutionality of legislative and executive actions, stands as a cornerstone of constitutional governance. Originating in the United States through Marbury v. Madison (1803), it has evolved into a dynamic tool that not only checks governmental overreach but actively shapes public policy across jurisdictions. This paper explores its conceptual foundations, historical development, and comparative manifestations in the United States, India, and the United Kingdom. Through landmark cases—particularly India’s Public Interest Litigation (PIL) framework it demonstrates how judicial review fills policy vacuums, expands fundamental rights, enforces accountability, and drives systemic reforms in areas such as environment, human rights, and social justice. While judicial activism has yielded transformative outcomes, criticisms of overreach and separation-of-powers concerns persist. The analysis concludes that, when balanced with restraint, judicial review enhances democratic legitimacy and policy efficacy. Recommendations emphasize procedural safeguards to prevent misuse while preserving its constitutional vitality.

Keywords: Judicial Review, Public Policy, Constitutional Law, Separation of Powers, Judicial Activism, Judicial Restraint, Public Interest Litigation, Fundamental Rights, Constitutional Supremacy, Basic Structure Doctrine,

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