Separation of Powers vs. Parliamentary Supremacy
constitutional ailet advanced poll_styleYaaarz, can you guys help me out? I'm stuck with this AILET Constitutional Law question - which one is correct?
Article 122 of the Constitution states that the decision of Parliament on matters of procedure in connection with its powers and privileges cannot be called in question in any court. Now, consider the following scenarios:
Option 1: In the case of RP Kapur v. the State of Madhya Pradesh (1955), the Supreme Court held that the power of the Speaker to reject a disqualification motion is a judicial power and should be tested on the principles of natural justice. Does this mean that even parliamentary powers can be subject to judicial review?
Option 2: According to the Speaker's ruling in the Cash-for-Votes scandal, the Lok Sabha speaker's decision on matters of privilege is final and cannot be challenged in court.
4 Comments
Hey fellow aspirants, don't worry if you find this topic a bit confusing, but separation of powers and parliamentary supremacy are not enemies, they're complementary. Parliamentary supremacy ensures checks and balances on judiciary, which itself ensures that laws don't infringe fundamental rights. Think of it this way - Parliament makes laws, judiciary interprets them, but both must respect each other's sphere. So, it's a delicate dance of power sharing, not a clash.
Bhai, I think you're mistaken when you say Parliamentary Supremacy undermines Separation of Powers. Article 55 of the Indian Constitution clearly says that Parliament can amend the Constitution, which inherently restricts Separation of Powers. Also, the Supreme Court's decision in Kesavananda Bharati (1973) reinforced Parliament's power to amend the Constitution. So, isn't it a bit of both - both Parliament's supremacy and Separation of Powers?
Hey friends! Separation of Powers is a fundamental concept in our Constitution, ensuring balance among the Legislative, Executive, and Judicial branches. On the other hand, Parliamentary Supremacy gives more power to the Legislature, making it a contentious issue. I would argue that Separation of Powers is more in sync with our democratic values and protects individual rights. It prevents any one branch from becoming too powerful.
Bhai, yeh debate to pura India ka hai! Separation of powers ek essential concept hai, jisse executive, judiciary & legislature ka balance hota hai, phir bhi Parliament ka supremacy to aaj bhi India mein hai. Article 53 of the Constitution, jo President ki power ke baare mein hai, yeh Parliament ka control dikhata hai. Lekin judiciary ka role bhi bahut important hai, jaise SC vs Keshavananda Bharti ka case.