Indian and US Constitution has been founded on the bedrock of balance between parliamentary sovereignty and judicial supremacy.
Main Body
Fundamental rights and disruptive principle of state policy → RS Parliamentary judgment → declared privacy as a fundamental right under Article 21. → IR CosmoCare → declared that laws put under Ninth schedule after 1971 will not be provided blanket protection in violation of fundamental rights. USA: → US constitutional framework provides for unlimited power of judicial review → Judiciary can declare any law as unconstitutional when it considers contrary and encroaching. → Parliamentary overreach principle is weak in US constitution → Recently US supreme court overturned its earlier Roe v Wade judgment taking away abortion rights from women. Judicial review: The power and authority of supreme court to change the constitutionality of legislative enactments. Scope of Judicial review under in India or not: → As compared to US, India has limited power of Judicial review (Article 12) → Indian constitution provides for procedure established by law thus law which is not unconstitutional → US constitution provides for due process of law thus law which is irrational, unjust & invasive can be declared unconstitutional But with doctrine of Basic Structure using Article 32 (Judicial activism role through PIL), Supreme Court of India has expanded the scope of Judicial review in India.
— Nidhi Goyal · AIR 91
Conclusion
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Nidhi Goyal
Comparison of Indian Constitutional Scheme with Other Countries
Secularism in India and USA
Judicial Review and Constitutional Amendment
228
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