Question 1 · 10 marks · 141 words written
Opening
Our constitution makers had established an intricate balance between parliament sovereignty and constitutional supremacy, which has been protected by judiciary time and again.
Body · points
Judicial intervention
Shankari Prasad case 1951 → the parliament has the powers to amend the fundamental rights as it does not violate Article 13.
Golaknath case → No power under art 368 to amend the fundamental rights.
Kesavananda Bharati case 1973 → Basic structure doctrine → Balance b/w parliament & constitution.
Re-Delhi Laws case → separation of powers and functions, as given in const.
S.R. Bommai case → parliament cannot arbitrarily exploit Art 356 → federalism and secularism.
I.R. Coelho case → No legal immunity to judicial review for laws under 9th schedule.
Close · a summary
Thus, judiciary through Art 32, 226, 131 has exercised the function of protector and guarantor of the constitution.