This article is written by Easy Panda. The present article provides an in-depth study of the landmark case Marbury vs. Madison (1803), exploring the facts, issues raised, and the rationale behind the judgement. This article delves into the laws involved and offers an insightful analysis of the judgement.
“Judicial Review has developed as a way for individuals to challenge decisions taken by the state.” – Chris Grayling
Judicial review is a crucial power vested in the judiciary to assess the validity of laws or orders passed by the legislative bodies of a country. It essentially allows the courts to review the actions of the executive and legislative branches of government and declare any law unconstitutional if it violates the fundamental principles of the Constitution. While the power of judicial review is not explicitly mentioned in the constitution, the case of Marbury vs. Madison laid the foundation for this doctrine. It was in this case that the Supreme Court for the first time declared an act of Congress invalid and unconstitutional.
The Chief Justice in this case, John Marshall, famously stated, “It is emphatically the duty of the Judicial Department to say what law is. Those who apply the rule to particular cases must, of necessity, expound and interpret the rule. If two laws conflict with each other, the Court must decide on the operation of each.”
Case Name: Marbury vs. Madison (1803)
Case Type: Constitution case
Equivalent citations: 5 U.S. (1 Cranch) 137; 2 L. Ed.60 (1803)
Acts involved: Constitution of United States and Judiciary Act of 1789
Important provisions: Article 1 and 3 of the US Constitution and Section 13 of the Judiciary Act of 1789
Court: US Supreme Court
Bench: Chief Justice John Marshall, along with Associate Justices William Cushing, William Paterosn, Samuel Chase, Bushrod Washington and Alfred Moore
Date of judgement: 24 February, 1803
Judiciary Act of 1789
Section 13 of the Judiciary Act
Section 13 of the Judiciary Act of 1789 grants the Supreme Court of the United States exclusive jurisdiction over civil conflicts where the state is a party, except in cases between the state and its citizens. It outlines the procedures for various jurisdictional matters, including suits against ambassadors or public ministers. The Act empowers the Supreme Court with the authority to issue writs of prohibition and mandamus in certain cases in adherence to legal principles.
United States Constitution
Article 1 of the US Constitution
Article 1 of the US Constitution delineates the structure and powers of the legislative branch, Congress. Covering ten sections, it delves into crucial aspects like congressional powers, membership requirements, legislative proceedings, and tax imposition. Each section offers insights into the functioning and authority of Congress in governing the nation.
Article 3 of the US Constitution
Article 3 of the US Constitution establishes the federal judiciary system. Divided into three sections, it delineates the judicial power vested in the Supreme Court and other lower courts established by Congress. The Article details the court’s jurisdiction, the trial process, and the definition of treason. It sets the foundation for the American judicial system, emphasizing independence and integrity in dispensing justice.
As the judicial review concept evolved in the United States through cases like Marbury vs. Madison, its influence trickled down to other nations, including India. The doctrine of judicial review, which empowers courts to interpret and assess the constitutionality of laws, plays a pivotal role in upholding democracy and safeguarding individual rights.

