The “Power of Judicial Review” in India is inspired from which country's constitution?
Show answer & explanation
Correct answer: D
Explanation
Solution: The correct answer is United States Constitution.
Explanation:
☛ The concept of Judicial Review in the Indian Constitution is borrowed from the Constitution of the United States.
☛ Judicial review empowers the judiciary (the Supreme Court and High Courts) to examine the constitutional validity of legislative enactments and executive orders.
☛ In the Indian Constitution, this power is primarily rooted in Article 13, along with Article 32 (Supreme Court) and Article 226 (High Courts).
☛ If any law or order is found to violate the provisions of the Constitution or infringe upon fundamental rights, the judiciary can declare it null and void.
Extra Exam-Relevant Facts:
☛ United States Constitution: Other features borrowed include Fundamental Rights, the Preamble, Impeachment of the President, removal of Supreme Court and High Court judges, and the post of the Vice-President.
☛ British Constitution: Borrowed features include the Parliamentary form of government, Rule of Law, Single Citizenship, and Bicameralism.
☛ Irish Constitution: Borrowed features include the Directive Principles of State Policy (DPSP), the method of Presidential election, and the nomination of members to the Rajya Sabha.
☛ French Constitution: Borrowed concepts include the Republic and the ideals of Liberty, Equality, and Fraternity in the Preamble.
Important One-Liners for Upcoming Exams:
☛ In which historic American court case was the doctrine of Judicial Review first established? → Marbury v. Madison (1803)
☛ Which Article of the Indian Constitution expressly declares that laws inconsistent with Fundamental Rights are void? → Article 13
☛ In which landmark case was Judicial Review declared an integral part of the 'Basic Structure' of the Constitution? → Kesavananda Bharati case (1973)
☛ Which Article empowers the Supreme Court to issue writs to enforce Fundamental Rights? → Article 32
☛ Which constitutional doctrine prevents the Legislature and Executive from violating natural justice in lawmaking? → Due Process of Law