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?

Indian and American constitutions are considered to be the bulwark of democracy and constitutionalism, as they represent the world's largest and oldest democracy, respectively. Role of Judiciary I USA => Based on the concept of 'judicial supremacy'. => Marbury v/s Madison case, 1833 => introduced the concept of 'judicial review'- wherein the judiciary can strike down any law being inconsonant with constitution. => Extremely wide scope of judicial review => called as 'Third chamber of the US Congress'.

=> It reflects the nature of its existing political regime => Issues of opacity, outbursts and subversion of democratic will. Eg: Abortion prevention under overturning of 'Roe v/s Wade'; recent editing down of provisions of Affirmative Action (based on formal equality). II INDIA => Based on 'constitutional supremacy'- balance between parliamentary sovereignty and judicial supremacy. => Concept of 'judicial review' emerged in late 1970's, and in 'Kesavananda Bharati case, 1973'- it held (established law passed by parliament, which tend to disturb 'Basic Structure of the Constitution') declared unconstitutional by the courts.

=> I.R. Coelho judgement- being transparent under 9th Schedule => maintains check & balance. => No judicial supremacy, as the parliament is the final authority in legislative matters. => Preserves 'substantial equality'- does not let majoritarianism impinge on the interest of minority. Scope of judicial review In USA, the judiciary can strike down any law passed by the congress => wide scope. However, in India, judicial review is limited and can only review laws that harm basic structure doctrine. Eg: Section 66 of IT Act => Sherya Singhal case => preserved freedom of speech of expression. Therefore, Indian constitution seals on a fine balance b/w parliamentary sovereignty and judicial supremacy, unlike the USA.