Judicial Supremacy v. Parliamentary Supremacy in India
In India, the constitutional supremacy was explicitly reiterated in the Minerva Mills case whereby the Supreme Court held that “government, legislature, executive and judiciary is all bound by the Constitution, and nobody, is above or beyond the Constitution.” Every law made by the parliament is subject to interpretation by supreme court in the light of ideals and objectives of the constitution and if they go beyond or above that, they can be held null and void. Indian Constitution does not have express provision of separation of judicial and parliamentary supremacy but it’s not quite unclear also. It is the prerogative of the parliament to amend the constitution and make the laws; it is the duty of the judiciary to decide if basic structure of the constitution are transgressed by such laws. One the parliament has done its job, its Supreme Court which decides its constitutionality through judicial review. There have been conflicts between parliamentary supremacy and judicial supremacy. The best example is of National Judicial Appointment Commission when Supreme Court pronounced its verdict on the 99th Constitution Amendment Act and the National Judicial Appointments Commission (NJAC), declaring them to be ultra vires the Constitution. It is true that constitution has given superior powers of review to judiciary to decide the constitutionality of the acts passed by legislature. Discharge of the judicial functions should not be seen as against the will of the people for; constitution derives its authority to give this power to Judiciary. The SC enforced the power of judicial review in various cases, as for example, the Golaknath case (1967), the Bank Nationalisation case (1970), the Privy Purses Abolition case (1971), the Kesavananda Bharati case (1973), the Minerva Mills case (1980) and Supreme Court AOR Association Vs. Union of India (2016). Judiciary should be free from the influence of the executive so that it could promote the ends of justice. If the government is one of the parties to a dispute the judges should protect the citizens against executive encroachment. No executive authority should interfere in or exercise control over the working of law courts. The judiciary protects the rights of people against the encroachment of the government or any other association or individual. The superior courts enforce the fundamental rights of the people through the appropriate writs Judicial order- in the nature of Habeas Corpus, Mandamus, Certiorari, Quo-Warranto etc. Both parliament and the judiciary should not exceed their limits as defined by the constitution of India so that harmony can be maintained between the legislature and judiciary. The new socio-economic trends are to be kept in mind before making the legal provisions and their interpretation both in strict and liberal sense. Participatory democratic system must be made effective and there must be proper check on the active interaction between the people and their representatives is responsible for the conflict between the parliament and judicial system in India. Judiciary and the legislature must be strengthened in terms of its special power of judicial review to check and contain the excesses of other two wings of the government. The concept of Judicial Review should not be impaired nor should the Fundamental Rights be reduced in their importance. A provision may be introduced in the Constitution on the lines of the American Constitution, giving supremacy to the Constitution and the laws made there under as is the case with the American Constitution.
Therefore at Lloyd Law College since its inception in 2003 there is always been a focus and emphasis that has been put on looking a legal change through the lens of policy change and also judicial mechanisms and therefore Lloyd Law College, Top ba llb colleges in delhi, has established various research cells to look into policy mechanisms such as the Environmental Law Centre and the Corporate Law Centre and also centres that focus of providing justice through the courts like the PIL Centre and the Legal Aid Centre.
Lloyd Law College