EVOLUTION OF DOCTRINE OF JUDICIAL REVIEW: COMPARATIVE ANALYSIS IN INDIA AND USA
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Keywords:
Judicial Review, Judicial Activism, Judicial Overreach Constitution, Administration, Democracy, JudiciaryAbstract
Supremacy of law is essence of Judicial Review. It is power of the court to review the actions of legislative and executive and also review the actions of judiciary , it is the power to scrutinize the validity of law or any action whether it is valid or not. It is the great weapon in the hands of the court to hold unconstitutional and unenforceable any law and order which is inconsistent or in conflict with the basic law of the land. The two principal basis of judicial review are “Theory of Limited Government” and “Supremacy of constitution with the requirement that ordinary law must confirm to the Constitutional law.” Judicial Review is a mechanism and therefore the Concept of Judicial Activism is a part of this mechanism .In many countries, Constitution is considered as Supreme and the essence of Judicial Review lies therein. The term judicial control denotes a broad concept and also includes within itself the concept of judicial review. It is the influential and empowering tool in the hands of judiciary to hold any action unconstitutional or invalid, if it is found inconsistent with the law of the land. Judicial review is nothing but a tool or a means to hold those authorities or people accountable for the manner in which they exercise their power, especially when decisions are arbitrary and unjust. In India judicial review proceeds towards judicial overreach while in United States it is still a strict doctrine that is there to maintain the supremacy of their Constitution. Thus it can be said that that in present era judicial review is broader in India that United States and it is reflected with present judgements pronounced by Supreme Court of India that due to this broader doctrine judiciary is at some level doing judicial overreach.
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