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Question
Compare the nature of Judicial review powers of the Indian and American Supreme Courts.
Distinguish Between
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Solution
| Sr. No. | Aspect | Nature of Judicial review powers | American Supreme Courts |
| 1. | Origin | Judicial review is derived from the Constitution itself (Articles 13, 32, and 226). | Judicial review is not explicitly mentioned in the Constitution. It was established by the landmark case Marbury v. Madison (1803). |
| 2. | Judicial Review | Limited to constitutional boundaries and guided by the Basic Structure Doctrine. | Broad and absolute, established in Marbury v. Madison (1803). |
| 3. | Original Jurisdiction | Has original jurisdiction in Centre-State disputes (Article 131). | Very limited original jurisdiction, mostly in disputes between states or involving ambassadors. |
| 4. | Advisory Jurisdiction | Can give advice to the President under Article 143. | No advisory jurisdiction; the court only deals with actual cases and controversies. |
| 5. | Writ Jurisdiction | Can issue writs for enforcement of Fundamental Rights under Articles 32 and 226. | Writs like habeas corpus exist, but there is no express constitutional writ jurisdiction. |
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Chapter 8: Organs of Government: The Judiciary - QUESTIONS FOR REVISION [Page 403]
