Judicial Review as an Instrument of Political Stability: Indo-American Saga

By : Kriti Johri

Page No: 367-384

Abstract
Doctrine of judicial review though has been subject of doctrinal and empirical research in all jurisdictions, its exercise in manner that maintains political stability in a democratic system solicits scholarly attention. In this article, author commences by establishing conceptual relation between judicial review and political stability, followed by case law based examination of instances wherein by virtue of judicial review power, constitutional courts through various precedents have nurtured an environment conducive to promote and maintain political stability both in India and USA. Further, this article has unraveled various indicators of political stability and examined case laws in both countries that have reinforced the same. American experience has been traced through prominent case laws from the time of Marbury’s decision to the recent decision of the Supreme Court in Trump’s case. Whereas Indian saga has been discussed from A.K. Gopalan’s case onwards as part of instances where courts judiciously upheld implied restraint on powers of executive, followed by case laws where political stability has been preserved by invoking democratic principles, welfare reforms, and constitutional morality principally.

Author:
Kriti Johri: Assistant Professor, MAIMS, GGSIP University, Delhi and PhD Scholar, National Law University, Jodhpur.