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Judicial review was adopted by the constitution of India from judicial review in the United States. [71] In the Indian constitution, judicial review is dealt with in Article 13. The constitution is the supreme power of the nation, and governs all laws. According to Article 13:
The Indian National Congress, which had long fought for self rule, agreed to participate in elections for a constituent assembly, as did the Muslim League. The newly elected government of Clement Attlee dispatched the 1946 Cabinet Mission to India to formulate proposals for the formation of a government that would lead to an independent India. [4]
The constitution adopted in 1950 made India a democratic republic with Westminster style parliamentary system of government, both at federal and state level respectively. The democracy has been sustained since then. India's sustained democratic freedoms are unique among the world's newly independent states. [2]
The Indian Constitution is the most amended national constitution in the world. [3] The Constitution spells out governmental powers with so much detail that many matters addressed by statute in other democracies must be addressed via constitutional amendment in India. As a result, the Constitution is amended roughly twice a year.
The Indian Constitution, Cornerstone of a Nation. New Delhi: OUP India, 1999. ISBN 0-19-564959-1. Bipan Chandra, Mridula Mukherjee and Aditya Mukherjee. India Since Independence: Revised Edition. New Delhi: Penguin Books India, 2008. Chetan, Achyut. Founding Mothers of the Indian Republic: Gender Politics of the Framing of the Constitution.
The Constitution of India Bill 1895, widely considered to be the first Indian articulation of a constitutional vision, contained the following provision related to freedom of speech and expression - 'Every citizen may express his thoughts by words or writings, and publish them in print without liability to censure, but they shall be answerable ...
India House was also a source of arms and seditious literature that was rapidly distributed in India. In addition to The Indian Sociologist, pamphlets like Bande Mataram and Oh Martyrs! by Savarkar extolled revolutionary violence. Direct influences and incitement from India House were noted in several incidents of political violence, including ...
The decision of the Supreme Court of India in "Eastern Book Company & Ors vs D.B. Modak & Anr" on 12 December, 2007 interpreted this section of the Act as making the material public domain. This work is also in the public domain in the U.S.A. because it is an edict of a government , local or foreign.