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Compare the nature of Judicial review powers of the Indian and American Supreme Courts. - Political Science

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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]

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K. K. Ghai Political Science [English] Class 12 ISC
Chapter 8 Organs of Government: The Judiciary
QUESTIONS FOR REVISION | Q 27. | Page 403
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