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The doctrine of judicial review originated in which country?
Question

The doctrine of judicial review originated in which country?

A.

United States of America

B.

India

C.

United Kingdom

D.

France

Correct option is A

The correct answer is (A) United States of America.

Explanation :

  • The doctrine of judicial review originated in the United States of America.
  • It was established in the landmark case of Marbury v. Madison (1803), where the U.S. Supreme Court, under Chief Justice John Marshall, declared that the court had the power to review and potentially invalidate laws and executive actions that were inconsistent with the Constitution.

Information Booster:

  • Judicial Review in India:
    • In India, the Supreme Court has declared the power of judicial review as a ‘Basic Feature’ of the Constitution, meaning it cannot be curtailed or excluded, even by a Constitutional Amendment Act.
    • Although the term ‘judicial review’ is not explicitly mentioned in the Indian Constitution, several constitutional provisions confer the power of judicial review on the Supreme Court and High Courts:
      • Article 13: Provides that any law inconsistent with Fundamental Rights is null and void.
      • Article 32: Empowers the Supreme Court to issue writs for the enforcement of Fundamental Rights.
      • Article 226: Empowers the High Courts to issue writs for the enforcement of Fundamental Rights and for other purposes.

Additional Information:

·       The Indian Constitution borrows several features from the British and French Constitutions.

·         From the UK, India adopted the parliamentary system of government, rule of law, single citizenship, and aspects of the legislative process. 

·        From France, India adopted the ideals of liberty, equality, and fraternity, which are enshrined in the Preamble. 

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