The Indian Judiciary as the guardian of the Indian Constitution holds the sacrosanct obligation to uphold the fundamental principles enshrined within the grundnorm, which the state is obligated to enforce. Alok Verma v. Union of India is one such landmark ruling of the Indian Supreme Court where the Court enforced the principles of the Rule of Law by exercising its constitutional power of Judicial Review. This paper delves into the concepts of the rule of law, and Judicial Review, along with the comprehensive analysis of the Alok Verma case. Analysing the case, the article explores the nuances of the rule of law and judicial review and establishes the positive correlation between the two principles, showing them as cardinal principles enriching and driving the ideology of constitutionalism and constitutional morality in Indian democracy. The article further asserts the importance of the Doctrine of Separation of Power while studying the instances of Judicial Overreach. It advocates for an effective, appropriate and harmonious balance between judiciary and legislature for due preservation, strengthening and promotion of the Rule of law.
Judicial review, Rule of law, Separation of power, Central Bureau of Investigation (CBI), Union parliament, CVC, Judicial appointment, Constitution of India, Delhi special police establishment (DSPE) act