look news india
Vice President Jagdeep Dhankhar has been making a statement about the judiciary for the last few days. Today, on Tuesday, he reiterated that Parliament is supreme. The essence of the Constitution, its importance, its heart lies in the Preamble of the Constitution. And what is said in that preface? The ‘people of India’ means that the people of India have the highest power. He said, “No one is above the public.” Now you must be wondering that if the decision of the judiciary is considered to be final, then how can Parliament be supreme?
Indian democracy is considered the world’s largest and complex process. There are three main pillars of democracy within the structure of the Constitution: Legislature (Parliament), Executive (Government), and Judiciary (Judiciary). Each of these organizations function within the limits of its jurisdiction. But the question often arises that which of these three is the best? Especially if there is intense differences between the powers of Parliament and the judiciary, then whose decision should be considered final? Let’s learn more about it…
How is the structure of the Indian Constitution?
The Constitution of India clearly states that power is divided into three branches: legislature, executive and judiciary. All three columns are expected to work according to the constitution without interfering with each other’s jurisdiction. This is called “separation of powers” in English. However, the Indian Constitution is based on the principle of achieving functional balance rather than harsh division.
Parliament
Parliament is a body of directly elected representatives by the people. Therefore, it is considered to be “public sentiment”.
Parliament makes laws.
Supervisions the work of the government
Determines fiscal policies
Implement new plans and policies
The scope of the work of Parliament is very wide, because Parliament itself forms and runs the government.
Representatives in Parliament are directly elected by the public. Therefore, he is the true voice of democracy.
Parliament enacts laws, so it is the primary institution of law building.
Parliament can hold the government accountable.
However, the powers of Parliament are limited within the structure of the Constitution.
Judgment
The judiciary is an autonomous body in the Indian democratic process. It is the responsibility of the judiciary to protect the constitution. The Supreme Court is the Supreme Court of India and its decisions are binding on all institutions.
Main function of judiciary
Protecting constitution
Protection of fundamental rights of citizens
Monitor the implementation of law
If the legislature or executive works in an unconstitutional manner, then control them.
The judiciary can conduct a judicial review on Parliament, which means that if the law made by Parliament is against the constitution, it can cancel it. This raises this question: If the courts can turn the law made by the elected representatives, then how can Parliament be really supreme?
Increased intervention of judiciary
Judicial activism has been on a large scale in the last few decades. Sometimes courts decide on cases that actually fall under the jurisdiction of the executive or legislature.
When did extreme differences arise?
Order related to environmental protection
Ban on cinema screening
Criticism of policy decisions or enforcement orders
The judiciary goes beyond its borders and interferes with the jurisdiction of other institutions, which is sometimes called “judicial encroachment”.
Parliament vs judiciary conflict
There are many examples of conflict between Parliament and the judiciary in Indian democracy.
(1) In Keshavanand Bharati case (1973),
The Supreme Court ruled that Parliament cannot make any changes – the basic structure of the Constitution should be maintained. This incident is considered a major example of the power of the judiciary.
(2) 1975 Emergency
Indira Gandhi’s election was opposed and the court canceled her. It was a major stage of conflict.
(3) NJAC case (2015)
The government enacted a law for transparency in the selection process of judges, but the Supreme Court declared it unconstitutional. Therefore, the judiciary remained the only institution that selected its judges themselves.
Who is superior, Parliament or judiciary?
The question of which Parliament or judiciary, who is superior, is asked at both theoretical and practical levels. These issues must be considered when comparing both.
Criterion Parliament Judiciary
Representation directly elected, people appointed representatives, not representatives of people
Creating law main task laws review
Democratic values of people
Responsible to people according to their procedures
Constitutional boundaries make laws according to the Constitution. Checks the boundaries of the Constitution. This makes it clear that none of the Parliament and the judiciary can be superior.
Balance and cooperation
The most important thing is that these two institutions are not opposed to each other, but complement. The constitution is final and if both institutions work within the structure of the Constitution, then the struggle can be avoided.
The judiciary can review the decisions of Parliament, but cannot make laws themselves.
Parliament enacts laws, but they should be under the purview of the Constitution, otherwise the court may cancel them.
Not ‘superiority’ but constitutional balance
The real strength of Indian democracy is not vested in the superiority of any one institution. It lies in harmony, balance and mutual belief within the structure of the Constitution. Parliament is the voice of the people, while the judiciary is the patron of the Constitution. Instead of deciding which of the Indian democratic process, who is superior to Parliament and the judiciary, both need to work within the structure of the Constitution. Indian democracy is based on coordination and balance and this is the true beauty of the democratic process.