Ritambhara R.
Saturday, 7 February 2026
The Supreme Court of India has decisively ruled that the power of review is an exclusive judicial function, reinforcing the principle that executive authorities lack jurisdiction to exercise this power. This landmark decision, articulated in case number 2026 INSC 132, underscores the critical doctrine of separation of powers within India's governance framework.
A bench comprising Justices D.Y. Chandrachud, S. Ravindra Bhat, and P.S. Narasimha delivered the judgment, which was reserved on February 4, 2026, after thorough examination of constitutional provisions related to judicial review.
The case originated from the State of West Bengal vs. Jai Hind Pvt. Ltd., where the petitioner contested the state's attempt to retract a review petition against a judicial decision. The Court determined that permitting the executive to wield review powers would compromise judicial independence, thereby violating constitutional principles.
Justice Chandrachud, authoring the majority opinion, asserted, "The power of review is intrinsic to the judicial process and cannot be undermined by executive action or discretion." This ruling solidifies the judiciary's sole authority to interpret laws and review decisions, safeguarding justice as a judicial prerogative.
The ruling's implications are profound. It establishes a precedent likely to influence future cases concerning the separation of powers, especially where executive actions may encroach upon judicial functions. Legal practitioners involved in administrative law and governance must reassess their strategies in light of this clarity.
Moreover, this decision serves as a deterrent against executive attempts to override judicial determinations, thereby bolstering public confidence in the judiciary's role as a check on governmental power.
As the legal community absorbs this ruling, questions about its implementation and potential appeals remain. However, the Court's unwavering stance on preserving the sanctity of judicial review—a cornerstone of Indian democracy—remains clear.
What You Need to Know
Supreme Court affirms judicial review as an exclusive judicial function, preventing executive authorities from exercising review powers.
This ruling affects state governments, administrative bodies, and private entities involved in disputes with potential judicial review.
Establishes a precedent reinforcing separation of powers, preventing executive encroachment on judicial functions and upholding judicial independence.
Legal professionals should reassess strategies in administrative law, ensuring executive actions do not undermine judicial determinations.
India's Supreme Court rules executive cannot exercise judicial review, reinforcing separation of powers.
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