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?
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
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.
Conclusion
Thus, Indian series can be said to be made comprehensive.
10 words
Shoham Teberiwal
Comparison of Indian Constitutional Scheme with Other Countries
Parliamentary Sovereignty vs Judicial Supremacy
Judicial Review in India and USA
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analytical
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