KC

K.N. Chandana JahnaviAIR 50· 2024

Question 11GS2GS2

The doctrine of Parliamentary sovereignty and judicial supremacy has exerted considerable influence in shaping the constitutional laws of India and the USA. Citing relevant examples, discuss the role of the judiciary in influencing the constitutions in these countries. What scope is there for judicial review in India?

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Main Body

INDIAN and US constitution can be compared on BASIS of BALANCE between PARLIAMENTARY SOVEREIGNTY and JUDICIAL SUPREMACY. Balance: BRITISH PARLIAMENT is supreme with AMERICAN JUDICIAL supremacy. SC called it CONSTITUTIONAL supremacy ex: CONSTITUTION as SMARMA state. JUDICIARY exerted role in sustaining BASIC STRUCTURE ex: Keshawanand Bharti case. It upheld DUE PROCESS of LAW in Article 21 - MANIEKA gandhi case.

5. reinvigorated LOCUS standi for filing of PUBLIC interest litigations ex: HUSSAINARA khatoon case. 6. it countered SEPARATION of power with 94th Amendment of NJAC. F. it was enlarged JUDIAIC REVIEW on BASIC STRUCTURE in L Chandra Kumar case. 8. it has SUSTAINED force of SOCIAL change in Chagya Bano (title case), LALCHA, Navtej Singh Johal case. IT is built in EXECUTIVE/Presidential repel with STRONCER JUDICIARY.

AMERICAN CONSTITUTION: upheld 3rd Amendment to end SLAVERY. it is also relatively at RUTH v WADE overturning that impacts women's body overtoning rights. it can be argued that INDIA's Judicial REVIEW is matriome: 1) JUDICIAL review is IMPLICIT unless USA's EXPLICIT ex: it is derived from Article 13, 32 & 224 in INDIAN constitution 2) JUDICIARY is limited in CHECK and BALANCE ex: LEGISLATURE can temper judges 3) ESTABLISHED precedence by LAW vs Due process in US ex: Delimitation upheld based ESTABLISHED precedence. 4) Strong tradition of INDEPENDENT judging whilst INDIA has INTEGRATED & independent judiciary ex: S C funding can using American Supreme court there can be care in ensure EFFICIENCY & reduce pending by COMPARTMENTALIZING CONSTITUTION & Natioli Bench Court appeal

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Conclusion

Hence S C funding can using American Supreme court there can be care to ensure EFFICIENCY & reduce pending by COMPARTMENTALIZING CONSTITUTION & National Bench Court appeal

27 words

Topper

K.N. Chandana Jahnavi

AIR 502024

Subject & Paper

GS2GS2

Topic

Comparison of Indian Constitutional Scheme with Other Countries

Comparison - Parliamentary Sovereignty vs Judicial Supremacy

Writing Stats

276

Total words

1

Paragraphs