The system of judicial review exists in

👤 By Pinwas IAS📅 19 March 2023⏱ 1 min read
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Q – The system of judicial review exists in

(a) India only

(b) U.S.A only

(c) India and USA.

(d) U.K. only

U.P. P.C.S. (Mains) 2012

U.P.P.C.S. (Pre) 2008

Ans. (c)

Explanation – The system of Judicial Review exists in both India and U.S.A.

 

Scope of Judicial Review 

The constitutional validity of a legislative enactment or executive order can be challenged in the SC and HCs of three grounds :-

  • it infringes the Fundamental Rights,
  • it is outside the competence of the authority which has framed it, and
  • it is repugnant to the constitutional provisions.

So, it is clear that the scope of Judicial Review in India is narrower or limited than what exists in the USA.
The American constitution provides for ‘due process of law’ while the Indian constitution ‘procedure established by law’.

Source : Indian Polity – M Laxmikanth 

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