In the Indian Constitution, the concept of 'judicial review' has been borrowed from which country's constitution?

Introduction / Context:
Judicial review is one of the most important concepts in modern constitutional law. It empowers courts to examine whether laws and executive actions are consistent with the Constitution. In the context of the Indian Constitution, the idea of giving the higher judiciary the power of judicial review was not created in isolation but was consciously borrowed from foreign constitutional models. This question tests your understanding of the specific country whose constitutional practice inspired India's provision for judicial review.

Given Data / Assumptions:

• We are dealing with the concept of judicial review under the Indian Constitution.
• The task is to identify the foreign constitutional source from which this idea was borrowed.
• Options mention the United States of America, the United Kingdom, Canada and Ireland.
• We assume a basic awareness of different constitutional models around the world.

Concept / Approach:
Judicial review means the power of the judiciary, especially higher courts, to declare legislative or executive acts unconstitutional if they violate the basic law of the land. The classic, textbook model of judicial review comes from the United States of America, where the Supreme Court asserted this power in the famous case Marbury v. Madison (1803), even though the term is not expressly mentioned in the U.S. Constitution. The framers of the Indian Constitution carefully studied various constitutions, including those of the USA, UK, Canada and Ireland, and selectively adopted features. While parliamentary sovereignty and some conventions came from the United Kingdom, the specific institution of strong judicial review was clearly taken from the American system.

Step-by-Step Solution:
Step 1: Recall that judicial review refers to the superior courts' power to test the validity of laws and executive actions against the Constitution. Step 2: Identify which country is historically famous for establishing judicial review through its Supreme Court – this is the United States of America. Step 3: Note that the United Kingdom follows parliamentary sovereignty, where courts traditionally could not strike down Acts of Parliament as unconstitutional. Step 4: Canada and Ireland have important constitutional provisions, but they were not the primary models for India's adoption of judicial review. Step 5: Therefore, the Indian framers borrowed the strong form of judicial review mainly from the constitutional practice of the United States of America.

Verification / Alternative check:
A quick cross-check can be done by remembering that many other Indian constitutional features also have clearly identified sources. For example, fundamental rights and judicial review come largely from the United States; parliamentary system and cabinet responsibility come from the United Kingdom; directive principles of state policy are influenced by the Irish Constitution; and the federal structure with a strong center draws from Canada. This pattern confirms that judicial review is associated with the American model. Standard Indian polity textbooks also mention the U.S. as the primary source of this idea, which verifies our answer.

Why Other Options Are Wrong:
United Kingdom: The UK model is based on parliamentary supremacy, so courts traditionally could not invalidate Acts of Parliament, making it an unsuitable source for judicial review as adopted in India.
Canada: While the Canadian Constitution influenced India's federal structure, it was not the principal source for India's judicial review provisions.
Ireland: Ireland mainly inspired the Directive Principles of State Policy, not the doctrine of judicial review.

Common Pitfalls:
Students sometimes confuse the sources of different constitutional features because many countries influenced the Indian Constitution. A common mistake is to associate judicial review with the United Kingdom simply because India follows a parliamentary system similar to the UK. Another error is to think that any country with a written constitution and courts must have been the source. The key is to remember which country is historically famous for pioneering judicial review and inspiring other democracies. Mixing up the sources of directive principles, parliamentary system, and federalism can also lead to incorrect answers.

Final Answer:
The concept of judicial review in the Indian Constitution has been borrowed from the constitutional practice of the United States of America.