A – The concept of ‘Judicial Review’ in India has been adopted from the Constitution of-
(a) UK
(b) U.S.A.
(c) U.S.S.R.
(d) Australia
U.P.P.C.S. (Pre) 1998
Ans. (b)
Explanation – The concept of ‘Judicial Review’ in Indian Constitution has been adopted from the Constitution of the United States.
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ORIGIN OF JUDICIAL RIVIEW
The doctrine of judicial review originated and developed in the USA. It was propounded for the first time in the famous case of Marbury vs. Madison (1803) by John Marshall, the then chief justice of the USA Supreme Court.
STATUS OF JUDICIAL REVIEW IN INDIA
In India, on the other hand, the Constitution itself confers the power of judicial review on the judiciary (both the SC as well as HCs). Further, the SC has declared the power of judicial review as a basic feature of the Constitution.
MEANING OF JUDICIAL REVIEW
Judicial review is the power of the judiciary to examine the constitutionality of legislative enactments and executive orders of both the Central and State governments. On examination, if they are found to be violative of the Constitution, they can be declared as illegal, unconstitutional and invalid by the judiciary.
Source : Indian Polity – M Laxmikanth
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