NausheenAIR 9 · CSE 2023 · 198 wordsTheir whole copy
Opening · a definition
Parliamentary sovereignty and judicial supremacy are two pillars of separation of powers envisaged by Montesquieu.
Body · points
Influencing constitutional frameworks
India
(1) Balance between the two principles is maintained. Eg) Article 121 prevents Parliament to discuss judicial conduct of judges. (2) Judicial review has been provided under Article 32 and 226.
Case Laws
- ① Supreme Court in Vishakha Case, Prakash Singh Case has given guidelines to the government.
- ② Parliament's power to amend the constitution has been upheld under Kesavananda Bharati Case.
- ③ SC in Madhu Limaye v UOI, has also exercised judicial restraint.
USA (1) Strict separation of power between the two organs has been maintained. (2) Judicial supremacy has been accorded explicitly under the constitution.
Scope of Judicial review
Wider in India
(1) Indian judiciary has been given powers under Article 142 and 132 (special leave) as well. (2) "Basic structure" doctrine has been devised by SC which gives it major powers.
Wider in USA
(1) "Due process of law" rather than "rule of law" is followed. (2) Complete separation provides more powers to judiciary there.
Close
However, Indian judiciary through Meneka Gandhi case has also come close to the its counterpart in USA.