Is the Indian Parliament sovereign, or is its authority constrained by constitutional supremacy and judicial review when compared to the Westminster model of parliamentary sovereignty?

Parliamentary Supremacy vs Parliamentary Sovereignty: Interpreting Legislative Authority in Democratic Systems and the Indian Context Introduction The doctrines of parliamentary supremacy and parliamentary sovereignty represent distinct yet interrelated conceptions of legislative authority in democratic constitutional theory. While often used interchangeably, the terms reflect different constitutional traditions and legal norms. Parliamentary sovereignty, rooted in British constitutional … Continue reading Is the Indian Parliament sovereign, or is its authority constrained by constitutional supremacy and judicial review when compared to the Westminster model of parliamentary sovereignty?

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.