22
In 1803, Chief Justice Marshall speaking for the
constitution
of
the
United
States
said,
“It
is
emphatically the province and duty of the Judicial
Department to say what the law is. Those who apply
the
rule
to
particular
cases
must,
of
necessity,
expound and interpret that rule. If two laws conflict
with
each
other,
the
Courts
must
decide
on
the
operation of each.” After Marbury, the Supreme Court
established it as supreme arbiter of the constitution
and American laws and the Federal judiciary as the
third
co-equal
branch
of
the
Federal
Government
alongside the Executive and Legislative branches.
Before the independence of India and Pakistan,
there were three Round Table Conferences in England
for the solution of Indian Independence problem. The
conferences
were
followed
by
a
White
Paper
which
contained the proposals of the British government for
an
Indian
constitution.
After
these
proposals
had
been considered by a Joint Select Committee, a Bill
based on the Joint Committee’s recommendations was
introduced
in
1934,
after
and
the
British
prolonged
Parliament
debate,
it
in
December,
became
the