Judicial Review vs Legislative Supremacy: Which Trumps the Other?
constitutional cuet_pg intermediate discussionArre bhai, let's dive into the age-old debate - is the judiciary above the legislature, or is it the other way around? According to Article 13(2) of our Constitution, laws that are repugnant to any provision of Part III (Fundamental Rights) are invalid. But what about laws that are passed by the Parliament, which may indirectly infringe upon these rights? Section 2(c) of the General Clauses Act states that a law is something enacted by the Parliament. This creates a conflict between the judiciary's power of judicial review and the legislative supremacy. I strongly believe that the judiciary should have the final say in this matter, as enshrined in Article 32 (Right to Constitutional remedies) and Article 226 (Power of HCs to issue writs).
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