Parliamentary Sovereignty Under Siege: The Rise Of Judicial Power?
- IJLLR Journal
- Jul 27
- 1 min read
Manish Nellaikumar Pandaram, Lovely Professional University
ABSTRACT
The conflict between parliamentary authority and judicial oversight has been a longstanding issue in India, gaining prominence during the 1970s, particularly under Indira Gandhi’s administration. The Constitution of India divides power among the legislative, executive, and judicial branches, ensuring that no entity functions beyond its constitutional mandate. While Parliament holds the authority to draft, amend, and repeal laws, the judiciary plays a crucial role in reviewing these laws to ensure they align with the Constitution, particularly its basic structure.
Several landmark rulings, including Kesavananda Bharati vs. State of Kerala and Minerva Mills vs. Union of India, have solidified the judiciary’s role in limiting parliamentary power when necessary. Disputes over judicial appointments, such as the establishment of the Collegium System and the annulment of the National Judicial Appointments Commission (NJAC), further reflect the ongoing struggle between these institutions. A global perspective reveals that different countries adopt distinct approaches—while the United Kingdom prioritizes parliamentary sovereignty, the United States leans towards judicial supremacy.
Striking a balance between these two powers is essential to uphold democracy, protect constitutional rights, and prevent the excessive dominance of any single branch. A cooperative framework between Parliament and the judiciary is crucial to ensuring justice, maintaining the rule of law, and fostering social progress.
