The Power of Judicial Review was taken from the Constitution of which of the following countries?

The correct answer is United States of America.

Key Points

• The concept of Judicial Review was established in the United States of America through the landmark case of Marbury v. Madison (1803).
• Judicial review allows courts to invalidate laws and executive actions that are deemed unconstitutional.
• The U.S. Constitution provides the framework for judicial review, ensuring the principle of checks and balances among the legislative, executive, and judicial branches.
• This principle has been widely adopted by other democracies, including India, in their constitutional frameworks.
• The Indian Constitution incorporated the power of judicial review under Articles 13, 32, 226, and 136, inspired by the U.S. model.

Additional Information

• Judicial Review:
  • It is the power of the judiciary to ensure that laws passed by the legislature and actions taken by the executive are within the framework of the Constitution.
  • Judicial review helps maintain the supremacy of the Constitution and prevents arbitrary or unconstitutional actions.
  • It is considered a cornerstone of constitutional governance in democratic systems.
• Marbury v. Madison (1803):
  • It was a landmark case in U.S. legal history where the Supreme Court established its authority to review and strike down unconstitutional laws.
  • This case was presided over by Chief Justice John Marshall, who laid the foundation for the doctrine of judicial review.
• Judicial Review in India:
  • India adopted judicial review as a fundamental feature of its Constitution, inspired by the American model.
  • It is exercised by the Supreme Court and High Courts to ensure that legislative and executive actions comply with constitutional provisions.
  • Key articles enabling judicial review in India include Article 13 (laws inconsistent with fundamental rights) and Article 32 (right to constitutional remedies).
• Global Adoption:
  • Many countries, including South Africa, Canada, and Australia, have adopted judicial review, tailoring it to their specific constitutional frameworks.
  • It serves as a mechanism for upholding democratic values, protecting individual rights, and ensuring accountability in governance.