Consider the following statements.1. The doctrine of Judicial review o...
The doctrine of judicial review originated and developed in the USA. It was propounded for the first time in the famous case of Marbury V. Madison (1803) by John Marshall, the then chief justice of the American Supreme Court. In India, on the other hand, the Constitution itself confers the power of judicial review on the judiciary (both the Supreme Court as well as High Courts).
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Consider the following statements.1. The doctrine of Judicial review o...
The correct answer is option 'C' - Both 1 and 2.
Explanation:
The doctrine of Judicial review originated and developed in the USA. Judicial review refers to the power of the judiciary to review and invalidate laws or government actions that are found to be unconstitutional. This power allows the judiciary to act as a check on the legislative and executive branches of government.
In the United States, the doctrine of Judicial review was established by the landmark case of Marbury v. Madison in 1803. In this case, the Supreme Court declared that it had the authority to review the constitutionality of acts of Congress and the President. This decision established the principle of Judicial review in the United States and set the stage for the judiciary's role in interpreting the Constitution.
In India, the constitution itself confers the power of Judicial review on the judiciary, both the Supreme Court as well as High Courts. Article 13 of the Indian Constitution provides for the doctrine of Judicial review. It states that any law made by the legislature that is inconsistent with the provisions of the Constitution shall be void to the extent of the inconsistency. This gives the judiciary the power to strike down laws that are found to be unconstitutional.
The power of Judicial review in India has been derived from the American system, but it has been expanded and adapted to suit the Indian context. The Supreme Court of India has the final authority to interpret the Constitution and has the power to strike down laws and government actions that are found to be unconstitutional. The High Courts also have the power of Judicial review, although their jurisdiction is limited to their respective states.
So, both statements are correct. The doctrine of Judicial review originated and developed in the USA, and in India, the constitution itself confers the power of Judicial review on the judiciary.