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Consider the following statements.
1. Just as the Indian parliamentary system different from the British system, the scope of Judicial review power of the supreme court in India is narrower than that of what exist in US
2. American constitution provides for 'due process of law' against that of procedure established by law' contained in the Indian Constitution
Which of these statements are correct?
  • a)
    1 Only
  • b)
    2 Only
  • c)
    Both 1 and 2
  • d)
    Neither 1 nor 2​
Correct answer is option 'C'. Can you explain this answer?
Verified Answer
Consider the following statements.1. Just as the Indian parliamentary ...
The doctrine of sovereignty of Parliament is associated with the British Parliament while the principle of judicial supremacy with that of the American Supreme Court. Just as the Indian parliamentary system differs from the British system, the scope of judicial review power of the Supreme Court in India is narrower than that of what exists in the US. This is because the American Constitution provides for 'due process of law' against that of 'procedure established by law' contained in the Indian Constitution (Article 21). Therefore, the framers of the Indian Constitution have preferred a proper synthesis between the British principle of parliamentary sovereignty and the American principle of judicial supremacy. The Supreme Court, on the one hand, can declare the parliamentary laws as unconstitutional through its power of judicial review. The Parliament, on the other hand, can amend the major portion of the Constitution through its constituent power.
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Most Upvoted Answer
Consider the following statements.1. Just as the Indian parliamentary ...
Explanation:
1. Scope of Judicial Review in India and US
- In India, the power of judicial review is a part of the basic structure of the Constitution and forms an essential feature of the Constitution.
- The Supreme Court of India has the power to strike down any law or executive action that is found to be unconstitutional.
- However, this power is not as extensive as that of the US Supreme Court. In the US, the power of judicial review has been used to strike down laws on a wide range of issues, including civil rights, abortion, and campaign finance.
- Thus, Statement 1 is correct.

2. Due Process of Law in US and Procedure Established by Law in India
- Due process of law is a legal principle that is enshrined in the Fifth and Fourteenth Amendments of the US Constitution. It requires that the government must respect all of the legal rights that are owed to a person under the law.
- In India, the Constitution provides for a right to life and personal liberty under Article 21. The Supreme Court has interpreted this to include the principle of due process, but has also held that the Indian Constitution does not require the same level of due process protection as the US Constitution.
- Instead, the Indian Constitution provides for the principle of procedure established by law, which means that any action taken by the government must be in accordance with a valid law.
- Thus, Statement 2 is correct.

Conclusion:
Both statements are correct, and the correct answer is option C.
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Consider the following statements.1. Just as the Indian parliamentary system different from the British system, the scope of Judicial review power of the supreme court in India is narrower than that of what exist in US2. American constitution provides for due process of law against that of procedure established by law contained in the Indian ConstitutionWhich of these statements are correct?a)1 Onlyb)2 Onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer?
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