The Supreme Court as Final Interpreter of the Constitution: Shaping Jurisprudence, Separation of Powers, and Democratic Accountability in India The Supreme Court of India occupies a central position in the Indian constitutional framework as the final interpreter of the Constitution. Entrusted with the power of judicial review, it serves not only as a guardian of … Continue reading How does the role of the Supreme Court of India as the final interpreter of the Constitution influence the development of constitutional jurisprudence, and what are the implications of this position for the doctrine of separation of powers and democratic accountability in the Indian polity?
Tag: constitutional jurisprudence India
Examine the argument that the Basic Structure Doctrine is inherently embedded within the Indian Constitution and that the Supreme Court, through its jurisprudence, has merely articulated and made explicit its foundational principles. Discuss its implications for constitutional interpretation and the limits of parliamentary sovereignty.
The Basic Structure Doctrine: Embedded Constitutionalism and the Limits of Parliamentary Sovereignty Introduction The Basic Structure Doctrine (BSD), as propounded by the Supreme Court of India in the landmark case of Kesavananda Bharati v. State of Kerala (1973), asserts that certain fundamental features of the Constitution—such as democracy, rule of law, separation of powers, federalism, … Continue reading Examine the argument that the Basic Structure Doctrine is inherently embedded within the Indian Constitution and that the Supreme Court, through its jurisprudence, has merely articulated and made explicit its foundational principles. Discuss its implications for constitutional interpretation and the limits of parliamentary sovereignty.