Question 1 · 10 marks · 171 words written
Opening
Judicial intervention has ensured that the balance between Constitution and Parliamentary sovereignty is maintained via judicial review (Article 13, 226, 32).
Body · points
Judicial intervention case laws
Indira Gandhi Case (1975): SC struck down 39th AA which kept elections of President, Vice-President out of judicial review.
Keshvanand Bharti Case (1973) → Supreme Court established the doctrine basic structure and upheld that Parliament can make laws provided it does not violate the basic structure.
Kehar Singh Case → The power of President to grant pardon is not out of judicial review.
Minerva Mills Case (1980) → Supreme Court struck down 42nd AA, 1976 which aimed to violate Fundamental rights to implement any DPSP.
I.R. Coelho Case (2007) : SC established that there is no blanket bar on ninth schedule and is subject to judicial review.
Supreme Court struck down 99th CA on account of independence of judiciary being violated.
Waman Rao Case, 1981 → Adherence to basic structure.
Close · a summary
Thus Supreme Court time to time checks Parliament's tyranny.