Assessing the Doctrine of Constitutional Supremacy: Its Impact on Legislative Authority and Judicial Interpretation in National Governance

  • Nikita and Bhanu Pratap
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  • Nikita

    LL.M. Student at School of Law, Justice & Governance, Gautam Buddha University, Greater Noida, India

  • Bhanu Pratap

    LL.M. Student at Prestige Institute of Management & Research, Gwalior, India

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Abstract

The supremacy of the Constitution is a cornerstone of democratic governance in India, establishing the Constitution as the highest legal authority and guiding framework for all legislative and judicial actions. This paper investigates the implications of constitutional supremacy on national legislation and judicial decisions, emphasizing its role in maintaining the rule of law, protecting fundamental rights, and ensuring checks and balances within the government. India’s Constitution, adopted in 1950, embodies the principles of justice, liberty, equality, and fraternity, serving as a safeguard against arbitrary governance. The analysis begins with a historical overview of constitutional supremacy in India, tracing its evolution through landmark judgments and amendments that have shaped the legal landscape. Key Supreme Court rulings, such as Kesavananda Bharati (1973) and Minerva Mills (1980), are explored to illustrate how the judiciary has reinforced constitutional supremacy by asserting its authority to review and nullify legislation that contravenes constitutional provisions. Furthermore, the paper examines the tension between parliamentary sovereignty and constitutional supremacy, highlighting instances where legislative actions have tested the limits of constitutional mandates. The interplay between the Constitution and various statutes is analyzed, particularly in areas such as social justice, environmental law, and economic reforms, demonstrating how constitutional principles influence legislative intent and execution. The study also considers the impact of judicial activism and the role of public interest litigation in upholding constitutional supremacy. By engaging with contemporary issues, such as the balance between individual rights and state security, the paper underscores the dynamic relationship between the Constitution, legislation, and judicial interpretation. In conclusion, this investigation underscores that the supremacy of the Constitution is not merely a legal doctrine but a living principle that shapes the trajectory of India’s democracy. By affirming constitutional norms, the judiciary plays a crucial role in ensuring that national legislation aligns with the foundational values enshrined in the Constitution, thus safeguarding the rights and liberties of citizens.

Keywords

  • Constitutional Supremacy
  • Judicial Review
  • Legislative Authority
  • Fundamental Rights
  • Rule of Law

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 8, Issue 2, Page 3863 - 3870

DOI: https://doij.org/10.10000/IJLMH.119468

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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