65
constitution?
Has
this
power
been
given
to
the
Executive? The answer is an emphatic ‘no’. Has this
power been given to the Parliament? The answer is
emphatically ‘no’. This heavy burden of scrutinizing
constitutionality of any law made by the Parliament
or the administrative body of the State has been
rested upon the shoulder of the Supreme Court. For
that matter the Supreme Court has been assigned with
the power of ‘judicial review’ by the constitution
itself.
The most celebrated constitutional law case ever
decided pivoted on one of the constitution’s most
recondite provision - according to John Marshall’s
opinion for the Court in Marbury V. Madison (1803) 5
US
137,
part
of
Congress’s
1789
Judiciary
Act
attempted to do what the Judicial article did not
permit-namely,
expand
the
Court’s
original
jurisdiction. Marshall’s Court famously proceeded to
disregard this part of the act, thereby exercising a
power
that
later
Americans
would
call
‘judicial
review’. Most constitutional law casebooks begin with