Definition of Law / Judicial Review (Article 13)

The Supreme Court (Article 32) and the High Court (Article 226) have the power to nullify laws passed by Parliament or state legislatures or government orders if they violate fundamental rights. India has borrowed the concept of judicial review from the American Constitution. Under Article 13, constitutional amendments are excluded from the ambit of law. Therefore, it is not normally possible to nullify a constitutional amendment through legal proceedings. The court can use the power of judicial review in matters concerning the Centre and the states. The term judicial review is not mentioned anywhere in the Constitution. The Supreme Court has the power to nullify any law if it is against fundamental rights. In the case of federal principles, the Supreme Court has the power to subject that law to judicial review if it is against the separation of powers as prescribed by the Constitution.

Example - If any state feels that a law made by the central government falls under the State List, they can approach the Supreme Court. If the Supreme Court is satisfied that their position is correct, the Supreme Court will declare that law unconstitutional.