Constitutional Supremacy vs. Parliamentary Sovereignty Debate: Parliament is a Creature of the Constitution, not its Master
New Delhi, Sept. 5 -- The Constitution of India mandates the formation of a parliamentary form of government for operation within the country. While doing so, it categorically rejected the doctrine of absolute parliamentary sovereignty, which is a feature of the Westminster model.
In the context of Indian constitutional jurisprudence, this distinction is fundamental, as this feature highlights the intention of the makers of the Constitution to lay emphasis on the supremacy of the Constitution and limited government. The idea is not simply doctrinal in nature, but has been clearly and expressively enumerated by the text of the Constitution, the Constituent Assembly Debates, and a similar vision of the Supreme Court of India in its numerou...
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