Parliament is a creature of the constitution, not its master. Highlighting relevant case laws discuss how judicial intervention has shaped the balance between the Constitution and parliamentary sovereignty.
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Judicial intervention has marked an intricate balance between parliament sovereignty and constitutional supremacy with has been protected by judiciary time and again. Judicial Intervention: (1) Shankari Prasad case (1951) => the parliament has the powers to amend the fundamental rights as it does not violate article 13. (2) Golamnath case => No power under article 368 to amend the fundamental rights. (3) Keshvananda Bharati case (1973) => Basic structure doctrine => Balance b/w parliament and constitution. (4) A.K Diwi laws case => Separation of powers and functions, as given in const.
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Separation of Powers and Dispute Redressal Mechanisms
Separation of Powers
Judicial Intervention and Constitutional Balance
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