The judicial review power of the Supreme Court is one of the widest in the world. It can conveniently be regarded as the "widest" in the world because the judicial review feature is also a "basic feature" of the Constitution that cannot be "amended, repealed, abrogated or taken away" even by exercising the constituional power of "amendment" by the legislature. The judiciary has the law making power in certain cases and the Constitution of India is also not following a rigid seperation of powers between the three sovereign organs of the Constituion.
Further, the Supreme Court has power to fill in the gaps between the laws by virtue of its inherent powers under the Constitution of India.
However,there is a limit of judicial review power as well. For instance, the Courts cannot question the "policy decisions" or "political questions" unless the same are actuated by malice or are based on extraneous grounds.
The speedy justice cannot see the light of the day unless we collective refuse to burden the already overburdened judiciary.
The need of the hour is to use the "alternative dispute resolution mechanisms". The smaller issues and civil matters can conveniently and economically be taken care of by these ADR mechanisms.
For details on the ADR mechanisms as operating in India, kindly see
http://www.praveendalal.blogspot.com/.
Regards
Praveen Dalal
Arbitrator, Consultant and Advocate
Delhi High Court, India.
jsmd@vsnl.net
http://www.perry4law.blogspot.com/