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Consider the following statements and identify the correct one/s
1. While USA represents a model of ‘Judicial Supremacy’, England is a model of ‘Parliamentary Supremacy’.
2. Though absent in the Indian constitution, the Supreme Court of India has imported the American Concept of ‘Due Process of Law’ while exercising its powers of Judicial review.
3. Judicial Review is the harmonization between Parliamentary Sovereignty and supremacy of the written Constitution.
Select the correct answer using codes given below
1 and 2 only
2 and 3 only
1 and 3 only
All are correct
The Constitution of USA is based on the principle of Judicial supremacy i.e. the judiciary is the final interpreter of the constitution. Also, through judicial review it checks arbitrary works of the executive and the legislature. On the other hand, England has Parliamentary Sovereignty and Judicial Review is absent. Second statement is correct. Indian Constitution only provides for Procedure established by la. But during the Maneka Gandhi case , Supreme Court adopted the USA constitution's Due Process of law while exercising powers of Judicial review. Judicial review harmonizes parliament's power to amend the constitution with the supremacy of written constitution by ensuring that amendment is in line with the Basic Structure of Constitution.
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