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Asked: October 24, 20242024-10-24T14:31:01+05:30 2024-10-24T14:31:01+05:30In: RPSC Mains PYQs

In India's Constitutional system, discuss the structural and operational aspects of conflicts for supremacy between the Parliament and the Supreme Court. (Answer limit: 100 words, Marks 10) [RPSC 2023]

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In India’s Constitutional system, discuss the structural and operational aspects of conflicts for supremacy between the Parliament and the Supreme Court. (Answer limit: 100 words, Marks 10) [RPSC 2023]

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Pooja Thakur · Answer 1 · 2024-10-24T16:47:40+05:30

In India’s Constitutional system, the conflict for supremacy between Parliament and the Supreme Court arises from their respective powers. Parliament holds legislative authority, while the Supreme Court exercises judicial review. Structurally, Parliament can amend the Constitution, but the Supreme Court ensures that amendments do not violate the “basic structure” doctrine, maintaining judicial supremacy in constitutional interpretation. Operationally, conflicts occur when laws passed by Parliament are challenged in court. This balance of power prevents authoritarianism, as judicial review checks parliamentary overreach, while legislative amendments challenge judicial interpretation, creating a dynamic balance between the two institutions.

Pooja Thakur · Answer 2 · 2024-10-24T16:48:29+05:30

In India’s Constitutional system, the conflict for supremacy between Parliament and the Supreme Court arises from their respective powers. Parliament holds legislative authority, while the Supreme Court exercises judicial review. Structurally, Parliament can amend the Constitution, but the Supreme Court ensures that amendments do not violate the “basic structure” doctrine, maintaining judicial supremacy in constitutional interpretation. Operationally, conflicts occur when laws passed by Parliament are challenged in court. This balance of power prevents authoritarianism, as judicial review checks parliamentary overreach, while legislative amendments challenge judicial interpretation, creating a dynamic balance between the two institutions.

Krishna Subramaniam · Answer 3 · 2024-10-26T16:17:11+05:30

In India’s constitutional system, conflicts between Parliament and the Supreme Court arise from structural and operational aspects.

Structural Aspects

Parliamentary Sovereignty: Parliament has the power to make laws, reflecting the will of the people.
Judicial Review: The Supreme Court can invalidate laws that violate the Constitution, ensuring checks and balances.

Operational Aspects

Interpretation of Laws: The Supreme Court interprets laws, which may conflict with Parliament’s intent.
Key Case Example: In the Kesavananda Bharati case (1973), the Supreme Court established the “Basic Structure” doctrine, limiting Parliament’s power to amend the Constitution.

These conflicts underscore the delicate balance of power in India’s democracy, aiming to uphold constitutional supremacy while respecting parliamentary authority.

Structural Aspects

Operational Aspects

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In India's Constitutional system, discuss the structural and operational aspects of conflicts for supremacy between the Parliament and the Supreme Court. (Answer limit: 100 words, Marks 10) [RPSC 2023]

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