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Shoham TeberiwalAIR 77· 2023

Question 11GS2GS2

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?

Open scan (p.25)

Main Body

Parliamentary sovereignty means will of people is supreme and Judiciary Owned shall down a law (broad-clause established by law) while judicial supremacy gives primacy to due process of law and parliament Constitutional amendment can be struck down. Judiciary influencing in India: (1) Golaknath case led to 24th Constitutional amendment (2) Kesavanda Bharti case giving doctrine of basic structure limiting powers under Article 368 (3) I.R. Lolho case led to schedule 9 under judicial review Judiciary influence in USA: Renoval of affirmative action for minority students

4Indira Sashwhy Case made S/O threshold for reservation under Article 16 (5) Rameshwar Prasad case providing guidelines for governors as well as giving constitutional morality doctrine and constitutionalization (limited government) (6) Supreme court Shri down part of 99th Constitutional Amendment emphasizing federalism spirit (7) Independency of judiciary (in 4th judges cases) and calalign (Against Article 18A) Judiciary influence in USA: 1. Removal of affirmative action for minority students

Scope of Judicial review: - In India Parliament's constitutional amendment can also be struck down - Base structure doctrine and its interpretation by judiciary (ensured in many cases) and primacy on judiciary - Supreme court and high courts both can strike down legislation utilities to constitution of both states & center - In US, Federal Supreme court can strike down only federal laws Thus, Indian series can be said to be made comprehensive.

227 words1 paragraphs

Conclusion

Thus, Indian series can be said to be made comprehensive.

10 words

Topper

Shoham Teberiwal

AIR 772023

Subject & Paper

GS2GS2

Topic

Comparison of Indian Constitutional Scheme with Other Countries

Parliamentary Sovereignty vs Judicial Supremacy

Judicial Review in India and USA

Writing Stats

237

Total words

1

Paragraphs

analytical

Tone