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27 Judicial Review


The doctrine of judicial review originated and developed in the USA. It was propounded for the first time in the famous case of Marbury versus Madison (1803) by John Marshall,

the then chief justice of the American Supreme Court.

In India, on the other hand, the Constitution itself confers the power of judicial review on the judiciary (both the Supreme Court as well as High Courts). Further, the Supreme Court has declared the power of judicial review as a basic feature of the Constitution or an element of the basic structure of the Constitution. Hence, the power of judicial review cannot be curtailed or excluded even by a constitutional amendment.