Question 11GS2GS2

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Main Body

[Influence on USA]

1Parliament decides on important matters eg equal no. of state representation in senate

2Removal of President (Impeachment) by Parliament.

3Judicial supremacy due to judicial review & due process of laws.

[Role of Judiciary in Influencing the Constitution]

1Rameshwari Singh case → identified constitutionality to limited power of legislature to change constitution.

2Kesavananda Bharati case 1973 → Basic structure evolved to judicial review - an important part

3Maneka Gandhi's case → SC: India follows procedure established by law but practically & follows due procedure of law.

In USA

Roe vs wade → gave constitutional right of abortion → Judiciary as interpreter of the constitution

[Scope of Judicial Review]

├─ Yes wider in india

│

├─ Due process of law practically (Maneka gandhi case) → checks are kept by parliament also

├─ Basic structure gives ample judiciary opportunity

├─ Special leave petition & review petition (Art 137) in constitution.

├─ Complete justice (Art 142)

├─ PIL, Judicial Activism → NJAC Plea mandatum

Though some difference but judical review of both the country but played great role in upholding fundamental Rights!

— Anjali Thakur · AIR 43

189 words6 paragraphs

Conclusion

Though some differences but judicial review of both the countries has played great role in upholding fundamental rights!

18 words

Diagram

Flowchart showing scope of judicial review in Indian Constitution with various components including Basic Structure, due process, special leave petition, PIL, and judicial activism

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Anjali Thakur

AIR 432023

Subject & Paper

GS2GS2

Topic

Comparison of Indian Constitutional Scheme with Other Countries

Judicial Review and Constitutional interpretation

Role of judiciary in India vs USA

Writing Stats

207

Total words

Paragraphs

analytical

Tone