Dr. Aditi Sharma, School of Law, Mody University, Lakshamngarh, Sikar, Rajasthan
“No Supreme Court and no Judiciary will stand in judgment over the sovereign will of the Parliament, representing the will of the entire community. If we go wrong here and there it can point it out, but in the ultimate analysis, where the future of the community is concerned, no judiciary can come in the way. And if it comes in the way, ultimately the whole Constitution is a creature of Parliament.”
ABSTRACT
In order to effectively address the conflict between the political system and the principles outlined in the constitution, it is crucial to make necessary adjustments to the constitution that are in line with the evolving needs of the population. “Article 368 of the Indian Constitution establishes the procedure for amending the constitution to address new challenges, including unforeseen circumstances that were not anticipated during its drafting. The responsibility of evaluating the legality of proposed amendments made by the legislature through the mechanism of judicial review lies with the judiciary. During the initial years following India's independence, there was an ongoing dispute between the Parliament and the Supreme Court regarding the extent of the Parliament's authority to amend the constitution. While the Indian Constitution grants the Parliament and state legislatures the power to enact laws within their respective jurisdictions, this authority is not absolute. The Constitution also empowers the judiciary to determine the constitutionality of all laws. If a statute violates any provision of the Constitution, the Supreme Court has the jurisdiction to declare it null and void or invalid.”
Keywords: Constitution, Legislature, Judiciary, Parliament, Political System, Principles
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