Swadha Bhargava, Nirma University
ABSTRACT
The process of Judicial Review is an instrument in the hands of the court to keep a check on public authorities and lawfulness of their decision, Judicial Review is a very powerful instrument, which can make any law made my the legislation unconstitutional if it violates the basic law of the land. The main object of judicial review is that an authority does not abuse its power and the basic rights of the citizens are protected. The concept of Judicial Review originated in the United States, although their constitution does not expressly mention Judicial Review, the Supreme Court of USA has recognized this power. All the other nations including India has borrowed this concept form U.S.A.
This paper aims to analysis the concept of Judicial Review in USA and India. Although both the countries follow the concept of Judicial Review, India has not only mentioned it in the constitution, but it is also considered to be a part of basic structure of the constitution of India. The paper aims to analysis the application of the concept in both the countries and tries to understand the principles behind such application. It is comparative study with the object of studying the parallels and differences in the implementation of Judicial Review.
Keywords: Constitution, Judicial Review, Comparison, India, United States
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