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“It is
emphatically the province and duty of the judicial department to say what the
law is. Those who apply the rule to particular cases,must of necessity expound
and interpret that rule .If two laws conflict with each other, the court must
decide on the operation of reach”

                                                                _Chief Justice John

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“WE are under a
Constitution, but the constitution is what the judges say it is, and the
judiciary is the safeguard of our property and our liberty and property under
the constitution ”

Evans Hughes1

As rightly said by
Justice Charles Evans Hughes, indeed Constitution is what the judges interpret
for the state and Judicial Review thus become an important tool in a democracy
to help the Judiciary to carry out its function in accordance with the
Constitution .Judicial review means the overseeing by the judiciary of power by
other co-ordinates organs of the government with a view to ensuring that they
remain confined to the limits drawn upon their power by the
Constitution.Thought broadly defined as above, Judicial Review is a term, which
is, used in different meanings in different countries .In some countries it is
used as the power of the court to cheek the constitutionality of any enacted
law and in same countries it only cheeks the Administrative action.


Judicial review could be understood in terms of two
different legal systems – TheCivil Law System and the Common Law System OR by
theories on democracy – theLegislative Supremacy and the Separation of Powers
theory. For instance in UnitedKingdom which is a common law country, Parliamentary
Supremacy has beenestablished and thus
Judicial Review of Legislative Acts is not permitted. On the other hand in
the United States of America the “US’, Constitutional Supremacy
prevails.Similarly in India the Doctrine of Separation of Powers has been held
as the BasicStructure of Constitution2


and Constitutional Supremacy established, permits
thereview of the Legislative Acts as well.


In this research paper to make a comparison
between the US and INDIA with respect to Judicial Review .Chapter 1 look at the
concept of  Judicial Review .Chapter 2
take the detailed concept  of  Judicial Review in India and then go on the
elaborate Judicial Review in USA .Chapter 3 deals the comparative study of both
countries .

1 11th Chief Justice of Untied States of America  

2Kesavanada Bharti V.Kerala AIR 1973 SC1461

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