AS

Abhishek Singh· 2023

Question Q19GS2GS2

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?

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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.

2USA: a Madison V. Marbury law 1803: Judicial review is not mentioned in USA's Constitution (unlike India). It was innovated by Courts through above case. b Striking down of Abortion laws in Roe V. Wade judgment & Recent Striking down of affirmative action in universities. Scope of Judicial Review in USA & India: India: T.R can be used in a Constitutional amendment (Very rigid So judicial b Legislative acts has dimplied power c Admin acts W.r.t constitutional Amendment. But for b & c it is same as India. J.R can be used for: Both [Pre] and [Post] Constitution laws. Procedure established by law. But in Marbury family case this difference was done 'anyway' with SC scope of J.R a under India:
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Topper

Abhishek Singh

2023Polity

Subject & Paper

GS2GS2

Topic

Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure

Judicial Review

Significant Provisions

Writing Stats

285

Total words

1

Paragraphs