A Comparative Analysis of the Doctrine of Judicial Review in India and the U.S.A

Judicial Review is the power vested in the court of law to review the actions of the Legislature, the Executive and the Judiciary. This power is based on ‘Limited Government’ and ‘Supremacy of the constitution wherein the ordinary law should confirm to it.’ The Concept of Judicial Review was developed by Lord Coke in England. This concept was later recognised by various countries around the world including India and USA. In USA, even though there is no express provision for Judicial Review this power can be interpreted to vest in the U.S. Supreme court by virtue of Art III and Art IV. The power of Judicial review exists in India as well. Under the Indian Constitution, the Supreme Court (under Article 32) and the High Courts( under Article 226 & Article 227) are vested with this power. This paper undertakes the Comparative analysis of Judicial Review operating in USA and India. The Author also describes the origin and source of Judicial Review operating in the two countries. This paper offers a comprehensive picture of the similarities and difference between the two States. The Author has undertaken the analysis on five parameters namely Judicial Review of Legislative Actions, Judicial Review of Executive or Administrative Actions , Judicial Review of Judicial Actions, Judicial Review of constitutional Amendments and Limitations on the Power of Judicial Review. The Comparative analysis of the countries indicates various similarities and difference existing due to different systems of government. The author has come to the conclusion that the scope of judicial review is wider in the USA as compared to India.