Salient Features of the Constitution: Synthesis of Parliamentary Sovereignty and Judicial Supremacy

  • The doctrine of sovereignty of Parliament is associated with the British Parliament, while the principle of judicial supremacy with that of the American Supreme Court.
  • The scope of judicial review power of the Supreme Court in India is narrower than that of the US.
  • The framers of the Indian Constitution have preferred a proper synthesis between the British principle of parliamentary sovereignty and the American principle of judicial supremacy. 
  • The Supreme Court, on the one hand, can declare the parliamentary laws as unconstitutional through its power of judicial review. 
  • The Parliament, on the other hand, can amend the major portion of the Constitution through its constituent power.
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