India is renowned for its vibrant democracy and robust legal framework, where constitutional supremacy is upheld as a cornerstone of governance. Unlike countries with parliamentary supremacy, such as the United Kingdom, where Parliament is the supreme legal authority, India’s Constitution holds the highest authority. Several factors contribute to establishing constitutional supremacy over parliamentary supremacy in India.
Constitution as the Supreme Law: The Indian Constitution, adopted on January 26, 1950, is the supreme law of the land. It is the fundamental legal document that establishes the structure, powers, and functions of various organs of the government, as well as the rights and duties of citizens. Any law or action inconsistent with the Constitution can be declared void by the judiciary, thus establishing the supremacy of the Constitution.
Judicial Review: One of the most significant factors establishing constitutional supremacy in India is the power of judicial review vested in the judiciary, especially the Supreme Court. The judiciary has the authority to review the constitutionality of laws passed by Parliament and actions taken by the executive. If a law is found to be inconsistent with the Constitution, the judiciary can strike it down, ensuring that Parliament does not exceed its constitutional limits.
Doctrine of Basic Structure: The Supreme Court of India, in the landmark Kesavananda Bharati v. State of Kerala case (1973), established the doctrine of basic structure. According to this doctrine, while Parliament has the power to amend the Constitution, it cannot alter its basic structure. This doctrine ensures that the essential features of the Constitution, such as democracy, federalism, secularism, and the rule of law, remain inviolable, thus reinforcing constitutional supremacy.
Separation of Powers: The Indian Constitution enshrines the principle of separation of powers among the legislative, executive, and judicial branches of government. Each organ has its defined powers and functions, and none can encroach upon the domain of the others. This separation ensures a system of checks and balances, preventing any one branch from becoming supreme and upholding constitutional supremacy.
Independent Judiciary: India’s judiciary, particularly the Supreme Court, is independent and impartial. Judges are appointed through a rigorous process and enjoy security of tenure, which insulates them from external pressures. This independence enables the judiciary to act as a guardian of the Constitution, ensuring that parliamentary actions are in conformity with constitutional provisions.
Written Constitution with Rigid Amendments: Unlike the UK, which has an unwritten constitution that can be amended by a simple parliamentary majority, India has a written constitution with a rigid amending process. Amendments to the Indian Constitution require a special majority of both houses of Parliament, along with ratification by a majority of state legislatures or a special constituent assembly. This rigidity makes it difficult for Parliament to alter the Constitution arbitrarily, reinforcing its supremacy.
Constitutional Culture and Public Consciousness: Over the years, India has developed a strong constitutional culture, where the Constitution is revered and its principles are deeply ingrained in the public consciousness. Civil society, media, and various institutions actively promote constitutional values and hold the government accountable for any deviation. This collective consciousness acts as a bulwark against any attempts to undermine constitutional supremacy.
In conclusion, several factors contribute to establishing constitutional supremacy over parliamentary supremacy in India, including the Constitution as the supreme law, judicial review, the doctrine of basic structure, separation of powers, an independent judiciary, a rigid amending process, and a strong constitutional culture. These factors collectively ensure that the Constitution remains the ultimate authority, guiding the actions of Parliament and the government in adherence to constitutional principles and values.
