Question

From which country has the concept of Judicial Review been taken?

• A. Switzerland
• B. Britain
• C. America
• D. Australia

Answer 1

The Correct Option is C

Step 1: Understanding the Question:
The question asks for the source country from which India adopted the constitutional concept of Judicial Review.
Step 2: Key Concept:
Judicial Review is the power of the judiciary to examine the constitutionality of laws passed by the legislature and orders issued by the executive. If a law or order is found to be in violation of the Constitution, the judiciary can declare it null and void.
Step 3: Detailed Explanation:
The concept of Judicial Review is not explicitly mentioned in the same words in the Indian Constitution, but it is implied in several articles (like Article 13, 32, 226). This powerful tool for upholding the supremacy of the constitution originated and was developed in the United States of America.
The landmark case of {Marbury v. Madison} (1803) in the USA firmly established the principle of Judicial Review.
The framers of the Indian Constitution, wanting to establish constitutional supremacy rather than parliamentary supremacy (as in Britain), adopted this crucial feature from the American Constitution.
Step 4: Final Answer
The concept of Judicial Review was borrowed by the makers of the Indian Constitution from the Constitution of the United States of America.