Question 11GS2GS2

The contribution of Parliamentary sovereignty and judicial supremacy has exerted considerable influence in shaping the constitutional frameworks of India and the USA. Citing relevant cases discuss the role of the judiciary in influencing the constitutions in these countries. Is the scope of judicial review wider in India?

Main Body

Supremacy of judicial independence - Unbalanced power of judicial review Every morning is India is under judicial review 2. Benche under INDIA case: - Foundation for expansion of Article 21 - Procedure established by law → due process of law - (Olga Tellis case, Manasi-Sct case) - Procedural constraints → care process of law - (Manasi-Sct case) - Limits in parliamentary sovereignty 3. SK Bharti judgment → role in influencing federalism, scope of Article 226 etc - Scope of Article 21 → expanding scope of freedom from rights of Article 21 & etc 4. SC Sammi judgment → role in influencing federalism, scope of Article 226 etc 5. First Government Law: - (First generation case) - (Olga Tellis case, Manasi-Sct case) - Justice Telangana on Telecom case 2. Second generation visible cases: - (Enviroment, Bechkummar case - 'Justice Telangana & Acicommitation' case of 297 IFC Role of USA judiciary: 1. Marbury vs Madison: (160 bg) - Foundation of Judicial review - Dive process of laws 2. Miranda vs State of Arizona: - Miranda warning ? (Need the 5th Amendment) - Rights of defenders //

3. 1st Amendment case: - Freedom on lawful media 4. 2nd Amendment case: Right to bear existing etc. Scope for judicial review under in India: Yes 1. India: Body democracy where judiciary etches itself: (legislate, executive all can be constitutionally limited) 2. In India: legislative executive both can be limited by judiciary judging reserved Scope of less under in USA as: - Webs of executive - Webs of legislative - Settled by Supreme courts 2. SC has expanded to powers of judicial review - By arguing into deeds for using Article 21 & - By Keilesh Singh case: Parallel review of sovereign decision have objection begins Thus, judiciary in India must exercise reserved to ensure separation of powers remained.

— Kush Motwani · AIR 11

304 words1 paragraphs1 bullet points

Conclusion

In India, there is no simple separation of powers, and hence the doctrine of Parliamentary sovereignty and judicial supremacy in exert in India in responsible of judiciary A Separation of powers: - Separation of executive & legislative & Checks and balances (in India) - Where as in USA, there is explicit doctrine of judicial supremacy of Supreme Court, and federal distribution and separation checked eg: Marbury v Madison Role of Judiciary in influencing Constitution of India: 1. Benche Doctrine Politics - Pt Raghunandan down case - Limits of exercising power of parliament - C limits in parliamentary sovereignty 2. Preamble Amdn - foundation for expansion of Article 21 - Procedure established by law → due process of law - (Olga Tellis case, Manasi-Sct case) 3. SK Bharti judgment → role in influencing federalism, scope of Article 226 etc 4. 5 Government Judgment - (First generation case) → right to information - Rights in Indus Telangana case Thus, judiciary in India must exercise reserved to ensure separation of powers remained.

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Kush Motwani

AIR 112023

Subject & Paper

GS2GS2

Topic

Comparison of Indian Constitutional Scheme with Other Countries

Forms of Government

Judicial Review and Constitutional Interpretation

Writing Stats

473

Total words

Paragraphs

Bullets

analytical

Tone

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