“The Supremacy Of Indian Constitution”: Analysis Of It’s Influence On National Legislation And Judicial Decision-Making
- IJLLR Journal
- 8 minutes ago
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Debaditya Chattopadhyay, BA.LLB(Hons), Techno India University, Kolkata
Saranya Chakraborty, BA.LLB(Hons), St Xavier’s University, Kolkata
ABSTRACT
The Supremacy of the Constitution serves as the cornerstone of any constitutional democracy, ensuring that all laws and state actions remain subordinate to the fundamental law of the land. This Research Paper undertakes an analytical study of the influence of Constitutional supremacy on national legislation and Judicial decision making with a primary focus on Indian legal framework. Indian Constitution, embodying the principles of Justice, liberty, equality, and fraternity, serves as a safeguard against the arbitrary governance. The analysis begins with a historical overview of constitutional supremacy in India, tracing its evolution through famous landmark Judgements and Amendments that have shaped legal landscape.
Through the landmark cases such as Keshvananda Bharti V. Union of India (1973) and Minerva Mills V. Union of India (1980), the paper explores how the Judiciary reinforced constitutional supremacy by asserting its authority to review and nullify legislation that contravenes constitutional provisions. These cases reaffirmed the Doctrine of Basic structure, Judicial review, and constitutional morality as key tools for upholding constitutional supremacy. Furthermore, this investigates the dynamic relationship between legislatures and Judiciary by highlighting instances where judicial pronouncement has influenced the legislative forum. It also makes a contrast of India’s approach with those of the United States and United Kingdom, providing additional insight into the theoretical and practical dimensions of constitutional supremacy. Ultimately, this study emphasizes how constitutional supremacy remains a robust and essential principle and how its effective implementation faces challenges in the modern context.
