Q. The concept of Judicial Review in our Constitution has been taken from the Constitution of :
- Canada
- USA
- England
- 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.
No comments:
Post a Comment
What you have to say about this?