Topic:Indian Constitution—historical underpinnings, evolution, features, amendments, significant provision.
2) What do you understand by Judicial Review? Discuss the provisions in the Constitution that confers the power of Judicial Review. Do you agree that the scope of Judicial Review in India is much wider than it is in United States?(250 words)
Indian Polity by Lakshmikanth
Why this question:
The question aims to ascertain the concept of Judicial review.
Key demand of the question:
One must explain the concept of JR in detail as provisioned in the constitution of India and in what way it is different from that of the US.
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:
Start by explaining your understanding about Judicial Review like the doctrine of judicial review originated and developed in the USA. It was propounded for the first time in the famous case of Marbury V. Madison.
Define what Judicial review in Indian constitution means; Judicial review is the power of the judiciary to examine the constitutionality of legislative enactments and executive orders of both the Central and State governments.
Then directly discuss the provisions in the constitution that confers the power of Judicial Review to Supreme Court and High Court.
In the next paragraph differentiate the scope of Judicial Review between US and India.
Conclude by highlighting the significance of JR.