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What is origin of judicial review in india?

What is origin of judicial review in india?

The doctrine of judicial review has acquired different nuances during the course of its evolution in UK, USA, and India. Its origins can be traced to UK which has no written Constitution. It has become firmly established in USA with a written Constitution establishing a federal polity.

However, the doctrine reached its culmination under the Indian Constitution when the Supreme Court of India bestowed on judicial review the widest ambit and amplitude in the casus célèbre Keshvanand Bharti v. State of Kerala .

The very old case on judicial review in England in case Dr. Bonham’s Chief Justice Coke stated that when an Act of Parliament was against common right or reason, repugnant or impossible to perform, the Common Law would control it and adjudge such Act to be void. In the Historic case Marbury v. Madison the Supreme Court of America made it clears that Court had the power of judicial review, Chief Justice George Marshall observed:

“Certainly all those who have framed the written Constitution contemplate them as forming the fundamental and paramount law of the nations and theory of every such government must be that the legislature, repugnant to the Constitution is void”.


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