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Thursday, 28 June 2018

The concept of Judicial Review in Indian Constitution has been taken from the Constitution of :

  By GK Planet Team       Thursday, 28 June 2018
Q. The concept of Judicial Review in our Constitution has been taken from the Constitution of :
  1. Canada
  2. USA
  3. England
  4. Australia
Answer: USA
Judicial review in India has been taken from USA.
Judicial review is a process under which executive or legislative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws and governmental actions that are incompatible with a higher authority: an executive decision may be invalidated for being unlawful or a statute may be invalidated for violating the terms of a constitution. Judicial review is one of the checks and balances in the separation of powers: the power of the judiciary to supervise the legislative and executive branches when the latter exceed their authority.

The Borrowed features of Indian Constitution

From Russia Revolution 1917

  • Ideal Of Justice In Social, Education, Economic And Political.

From French Revolution 1789-1799

  • Ideal of Liberty, Equality and fraternity.
  • Ideal of Republic.

From Govt. of India Act 1935

  • Federal Scheme (also from the constitution of Canada).
  • Office of Governor.
  • Judiciary.
  • Public Service Commission.
  • Emergency
  • Administrative Details.

From British Constitution

  • Parliamentary Form of Government.
  • Rule of Law.
  • Legislation.
  • Single Citizenship.
  • Cabinet Form of Government.
  • Prerogative Writs.
  • Bicameralism.
  • Parliamentary privileges.
  • Legislative Procedure.

From the Constitution of United States

  • Fundamental Rights.
  • Independent Judiciary.
  • Judicial Review.
  • Impeachment of President.
  • Removal of Supreme Court Judges.
  • Vice Presidential Ship.

From Constitution of Ireland

  • Directive Principles of State Policy.
  • Nomination of Members to Rajya Sabha.
  • Electoral Office And Method of President Election.

From Canada Constitution

  • Canada is a pure federal country.
  • Federation with a strong center.
  • Residuary power with center.
  • Appointment of state governors by center.
  • Advisory/review of the supreme court.

From Constitution of Australia

  • Concurrent List.
  • Freedom of Trade.
  • Commerce And Inter-State Trade.
  • Joint Sitting In The Parliament.

From Constitution of USSR

  • Fundamental Duties.
  • Preamble.

From Constitution of South Africa

  • Procedure for Amendment of the Constitution.
  • Election to the Rajya Sabha Members.

From Constitution of Japan

  • Procedures Established By Law.

From Weimer constitution of Germany

  • Suspension of fundamental rights during emergency.
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