The doctrine of parliamentary sovereignty & judicial supremacy has exerted considerable influence in shaping the constitutional framework of India's polity. Citing relevant case laws discuss the role of judiciary in influencing the Constitution in their course. Is that scope of judicial review ended in India?
Main Body
The doctrine of parliamentary sovereignty & judicial supremacy has exerted considerable influence in shaping the constitutional framework of India's polity. Citing relevant case laws discuss the role of judiciary in influencing the Constitution in their course. Is that scope of judicial review ended in India? India: While USA adopted for judicial Supremacy, India favoured Synthesis of parliamentary sovereignty & judicial Supremacy. Role of judiciary in Shaping Constitn: (1) India: Kesavananda Bharati Case: Parliament can amend any fact of Constitution subject to Basic Structure doctrine. Basic Structure is those principles which can't be changed by parliament.
For eg., Rule of law, Federalism, Judicial review etc. b I.R. Coelho case: Laws placed under 9th schedule through Constitutional amendment are subject to judicial review on grounds of Basic Structure. c Minerva Mills case: Harmonious Construction between fundamental rights and Directive power; plea of State policy. d Bommai case 1994: States are independent unit in their own domain, federalism is basic structure & can't be taken away.
Abhishek Singh
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Judicial Review
Significant Provisions
285
Total words
1
Paragraphs