From which country Indian constitution borrowed features of Judicial R...
Indian constitution borrowed features of Judicial Review from USA. Indian constitution also borrowed some features from USA like written constitution, fundamental rights, supreme court, provision of states, president.
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From which country Indian constitution borrowed features of Judicial R...
Introduction:
The Indian Constitution borrowed the concept of Judicial Review from the United States of America.
Explanation:
1. Historical Background:
- The concept of Judicial Review can be traced back to the landmark case of Marbury v. Madison (1803) in the United States.
- In this case, the US Supreme Court established its power to review and strike down laws or government actions that are inconsistent with the Constitution.
2. Adoption of Judicial Review in India:
- The framers of the Indian Constitution were influenced by the US Constitution and its system of Judicial Review.
- Dr. B.R. Ambedkar, the chairman of the drafting committee, considered the US Constitution as one of the finest in the world.
- The Constituent Assembly of India, while drafting the Indian Constitution, incorporated the concept of Judicial Review to ensure the supremacy of the Constitution.
3. Features of Judicial Review in Indian Constitution:
- The power of Judicial Review in India is derived from Articles 13, 32, and 226.
- Article 13 declares that any law that violates the fundamental rights guaranteed under Part III of the Constitution shall be declared void.
- Articles 32 and 226 provide for the writ jurisdiction of the Supreme Court and High Courts respectively, enabling them to exercise Judicial Review.
4. Role of Judiciary in India:
- The Indian judiciary, particularly the Supreme Court, plays a crucial role in upholding the Constitution and protecting individual rights.
- The judiciary has the power to strike down laws or government actions that are inconsistent with the Constitution.
- It acts as the guardian of the Constitution and ensures the rule of law.
Conclusion:
In conclusion, the Indian Constitution borrowed the concept of Judicial Review from the United States. The framers of the Indian Constitution were influenced by the US Constitution and incorporated the concept to safeguard the supremacy of the Constitution and protect individual rights. The Indian judiciary, particularly the Supreme Court, acts as the guardian of the Constitution and exercises the power of Judicial Review to strike down laws or government actions that violate the Constitution.