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Indian Journal of Law and Human Behavior 12(1):p 07-18, January-June 2026. | DOI: https://doi.org/10.21088/ijlhb.2454.7107.12126.1
Original Article
A Comparative Constitutional Study of Judicial Review in India, the United States, and the United Kingdom
Rajeev Kumar Singh, Ashta Siddhi Nagar
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Attribution-Non-commercial 4.0 International (CC BY-NC 4.0)This license enables reusers to distribute, remix, adapt, and build upon the material in any medium or format for noncommercial purposes only, and only so long as attribution is given to the creator.
Indian Journal of Law and Human Behavior 12(1):p 07-18, January-June 2026. | DOI: https://doi.org/10.21088/ijlhb.2454.7107.12126.1
How Cite This Article:
Rajeev Kumar Singh, Ashta Siddhi Nagar. A Comparative Constitutional Study of Judicial Review in India, the United States, and the United Kingdom. Indian J Law Hum Behav 2026; 12(1): 07-18.Timeline
Received : December 16, 2025
Accepted : January 20, 2026
Published : June 30, 2026
Abstract
This doctoral research paper conducts a comparative analysis of judicial review across India, the United States, and the United Kingdom, examining how courts ensure governmental actions comply with constitutional limits. The study traces the historical evolution and constitutional foundations in each jurisdiction: India’s explicit constitutional provisions (Articles 13, 32, 131-136, 141- 143, 226-227), the US’s implicit framework derived from Articles III and VI through judicial interpretation, and the UK’s uncodified system rooted in parliamentary sovereignty. Key findings reveal distinct scopes: India’s basic structure doctrine enables review of legislative, executive, and constitutional amendments; US review covers legislation and executive acts but not constitutional amendments; UK review focuses primarily on secondary legislation and administrative actions. The research analyses judicial review’s impact on fundamental rights protection, constitutional governance, and tensions between judicial activism and restraint across different constitutional cultures. It proposes reforms to enhance judicial accountability while maintaining the balance between judicial independence and democratic legitimacy, demonstrating judicial review’s essential yet varied role in constitutional democracies across legal traditions.
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Funding
This research received no funding.
Author Contributions
All authors contributed significantly to the work and approve its publication.
Ethics Declaration
This article does not involve any human or animal subjects, and therefore does not require ethics approval.
Acknowledgements
We would like to express our gratitude to the patients, their families, and all those who have contributed to this study.
Conflicts of Interest
No conflicts of interest in this work.
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Cite this article
Rajeev Kumar Singh, Ashta Siddhi Nagar. A Comparative Constitutional Study of Judicial Review in India, the United States, and the United Kingdom. Indian J Law Hum Behav 2026; 12(1): 07-18.
Licence:
Attribution-Non-commercial 4.0 International (CC BY-NC 4.0)This license enables reusers to distribute, remix, adapt, and build upon the material in any medium or format for noncommercial purposes only, and only so long as attribution is given to the creator.
| Received | Accepted | Published |
|---|---|---|
| December 16, 2025 | January 20, 2026 | June 30, 2026 |
DOI: https://doi.org/10.21088/ijlhb.2454.7107.12126.1
Keywords
Judicial ReviewConstitutional SupremacyFundamental RightsBasic Structure DoctrineParliamentary SovereigntySearch for Similar Articles
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Timeline
| Received | December 16, 2025 |
| Accepted | January 20, 2026 |
| Published | June 30, 2026 |
licence
Attribution-Non-commercial 4.0 International (CC BY-NC 4.0)
This license enables reusers to distribute, remix, adapt, and build upon the material in any medium or format for noncommercial purposes only, and only so long as attribution is given to the creator.
