What happens if a law is declared unconstitutional under judicial review?

The correct answer is It becomes null and void..

Key Points

• If a law is declared unconstitutional under judicial review, it ceases to have any legal effect and is treated as if it never existed.
• The judiciary exercises this power under the principle of constitutional supremacy, ensuring that all laws adhere to the constitution.
• Such a declaration is binding on all authorities, including the legislature, executive, and judiciary.
• The law is considered null and void from the date of its enactment, unless the court specifies otherwise.
• This power of judicial review is a key feature of democracies like India and the USA, ensuring the protection of fundamental rights and constitutional integrity.

Additional Information

• Judicial Review:
  • It is the power of the judiciary to examine the constitutionality of legislative and executive actions.
  • Judicial review ensures that no law or government action violates the constitution.
  • In India, this power is derived from Articles 13, 32, and 226 of the Constitution.
• Unconstitutional Law:
  • A law is termed unconstitutional when it contravenes the provisions of the constitution, particularly fundamental rights.
  • Such laws cannot be enforced and lose their legal validity.
• Doctrine of Basic Structure:
  • The judiciary uses this doctrine to ensure that amendments or laws do not alter the basic framework of the constitution.
  • This doctrine was established in the landmark Kesavananda Bharati case (1973).
• Article 13 of the Indian Constitution:
  • Article 13 declares that any law inconsistent with the fundamental rights shall be void.
  • It forms the basis for judicial review in India.