Judicial Review in India and the United States: A Comparative Analysis of Constitutional Guardianship

Judicial Review in India and the United States: A Comparative Analysis of Constitutional Guardianship

⚖️ Judicial Review in India and the United States: A Comparative Analysis of Constitutional Guardianship The comparative analysis of judicial review in 🇮🇳 India and 🇺🇸 the United States reveals two distinct yet profoundly influential systems of constitutional oversight. While both nations vest their judiciaries with the authority to invalidate laws and actions contravening their constitutions, their historical evolution, structural frameworks, and operational principles diverge significantly. This report examines the origins, scope, doctrinal foundations, and societal impacts of judicial review in both democracies, highlighting their unique approaches to balancing constitutional supremacy, individual rights, and governmental accountability. 🏛️ Constitutional and Historical Foundations 🇺🇸 United States: The Birth of Judicial Supremacy In the U.S., judicial review emerged through judicial interpretation rather than explicit constitutional text. The landmark Marbury v. Madison (1803) …