The doctrine of Parliamentary sovereignty and judicial supremacy has exerted considerable influence in shaping the constitutional frameworks of India and the USA. Citing relevant case laws, discuss the role of the judiciary in influencing the constitutions in these countries. Is the scope of judicial review wider in India?
Introduction
Parlicism India follow Westminster Parliamentary
5 words
Main Body
Parlicism India follow Westminster Parliamentary. However Parliament and judiciary played role in influencing framework. India. (1) Parliament was power to amend constitution have lead to 106 amendments (2) Acknowledge limitation of parliament in amending constitution, e.g. Keshawandan Bharti come (1973) (3) Settle dispute over appointment in Judge through various judgment.
Scope of Judicial review in India and USA - USA have explicit provision of alone person at law when that any law violating the fairness Union can be invalid. - In India, Set is procedure establisht by law only provide need to corsect for applicability. However, Indias MC Article 13 mention judicial reviewlimites to fundamental right. All However Fy Meaning Gandhis case Supreme Court at India have established also proven of law. This from to invalidity law Unordinal similar in RB61/. It law not seder.
Conclusion
START - finally collective deciding. (1) Expanded the judiciary scope from precedence establish by laws to due process of law under Mesca Garab code. (2) Judiciary discretion regarding directive to execute for justice, e.g. Vishaka Guideline, CMMD provision. DCLE (1) Power of judiciary is finalize begun under fundamental right as for John Doe theory. (2) Judicial review based on due process of law. (3) Separation of Power should between executive and judiciary. (4) UCC as federation form assembly omit to unchecked union.
82 words
Mohan Lal
Comparison of Indian Constitutional Scheme with Other Countries
Forms of Government
Parliamentary sovereignty vs judicial supremacy
222
Total words
1
Paragraphs
analytical
Tone