Context: A public interest litigation has been filed in the Supreme Court seeking declaration of 26 verses of the Quran as unconstitutional, non-effective and non- functional on the ground that these promote extremism and terrorism.
Key highlights of the PIL

• The PIL seeks to declare the verse of Quran as Unconstitutional on the ground that these promote extremism and terrorism and pose a serious threat to the sovereignty, unity and integrity of the country.
• In Vishwa Lochan Madan (2014), the Supreme Court has already observed that such fatwas have no validity.

Note: The writ jurisdiction lies against the “state’” and all these persons named as respondents by petitioners are certainly not ‘state’ within the meaning of Article 12 of the Constitution.

What is Judicial Review?

• Judicial Review is the power of Courts to pronounce upon the constitutionality of legislative and executive acts of the government which fall within their normal jurisdiction.
• The concern behind Judicial Review is that whether the law has been correctly applied with and right procedures have been followed
• 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.

Under Article 13 of the Indian Constitution, the compulsion of judicial review was described in fundamental rights in Part III. 

• This power has been conferred on the Supreme Court (Article 32) and the high courts (Article 226) that can declare a law unconstitutional and invalid on the ground of contravention of any of the Fundamental Rights.

Judicial Review in India is governed by the principle: ‘Procedure Established by Law’.

• The scope of judicial review in India is narrower than that of what exists in USA. The American Constitution provides for ‘due process of law’ against that of ‘procedure established by law’ which is contained in the Indian Constitution.

Judicial review is needed for the following reasons

• To uphold the principle of the supremacy of the Constitution.
• To maintain federal equilibrium (balance between Centre and states).
• To protect the fundamental rights of the citizens.

Note: The phrase ‘Judicial Review’ has nowhere been used in the Constitution.
Which subject can be challenged under ‘Judicial Review’?

• Under Indian law, only a “law” can be challenged as unconstitutional. 
• Any religious scripture including the Quran does not come under the definition of ‘Law’. 
• Similarly, neither the Vedas nor the Gita, nor the Bible, nor the Guru Granth Sahib can be said to be “law” under Article 13 and thus challenged in a court of law.
• The Supreme Court has held that judicial review is a ‘basic feature’ of the constitution and it could not be taken away by putting a law under the Ninth Schedule.
• The presidential proclamation imposing President’s Rule is subject to judicial review.
• In 1992, the Supreme Court ruled that the decision of the Chairman/Speaker in regard to disqualification on grounds of defection is subject to judicial review.
• The First Amendment Act, 1951 added Ninth Schedule to protect the land reform and other laws included in it from the judicial review.