Topic: Part of static series under the heading – “Comparison of the Indian constitutional scheme with that of other countries”
2) Do you agree with the statement that the scope of judicial review in India is much broader than that of what exists in US? Discuss comparing the judicial review in these two countries.(250 words)
Key demand of the question
The question expects us to compare judicial review in India and America and evaluate whether the nature and scope of judicial review is much broader in India compared to USA.
Discuss – This is an all-encompassing directive – you have to debate on paper by going through the details of the issues concerned by examining each one of them. You have to give reasons for both for and against arguments.
Structure of the answer
Introduction – Explain what is judicial review.
Body – Explain the various points of differences between judicial review in the two countries
- scope, of judicial review in India is narrower than that of scope of judicial review in USA where Supreme Court of USA the power to reject or abrogate any law which is made by Congress or states.
- American constitution provides Due process of law which gives wide scope to the Supreme Court where as Indian constitution mentions about procedure established by law which gives narrow scope to the Supreme Court. But from Menaka Gandhi case onwards supreme court also using the concept of Due process of law by accepting the concept of natural justice in some times.
- US constitution does not mention about judicial review in their constitution either explicitly or implicitly whereas Indian constitution explicitly mentions doctrine of judicial review etc
Conclusion – Give your view on the comparison of judicial review in the two countries.