Basic Liberties and Entitlements
In the democratic landscape of India, the Constitution embodies a unique balance between Parliamentary Sovereignty and Judicial Supremacy, with a strong emphasis on safeguarding the fundamental rights of its citizens. This balance ensures that Parliament can legislate within constitutional bounds, particularly in preserving the rights of individuals.
Originally, the Indian Constitution enshrined seven types of Fundamental Rights, one of which was the Right to Property. However, the Right to Property was removed from the list of Fundamental Rights by the 44th Amendment Act of 1978, and is now a legal right under Article 300A of the Constitution.
The Indian Constitution adopts the concept of the state guaranteeing the superiority of Fundamental Rights over the rights of the state. This means that any law that violates these rights or is considered arbitrary can be struck down by the Indian judiciary, which is considered the guardian of Fundamental Rights.
The Supreme Court acts as the guardian of the Constitution with the authority to review and strike down parliamentary laws that infringe on Fundamental Rights or contravene the Constitution’s basic structure. This authority upholds constitutional supremacy over legislative sovereignty.
The Basic Structure Doctrine, established through cases like the Minerva Mills judgment, restricts Parliament from amending the Constitution’s fundamental principles, including those protecting Fundamental Rights, thus reinforcing judicial checks on parliamentary amendments.
Fundamental Rights are not absolute; they can be reasonably restricted by Parliament within constitutional parameters for reasons such as public order, morality, or health. The judiciary ensures these restrictions are proportionate, reasonable, and non-discriminatory.
The judiciary, particularly the Supreme Court, plays a proactive role in expanding and interpreting Fundamental Rights, such as recognizing the Right to Privacy as a fundamental right, reflecting evolving democratic values and individual dignity.
This system of Constitutional Supremacy rather than Parliamentary Sovereignty preserves individual liberties while allowing the legislature to govern within constitutional limits. The framework ensures that Fundamental Rights are necessary for the fullest development of a human being, based on the core ideals of democracy.
In comparison, the United States Constitution also contains a Bill of Rights, from which India's Fundamental Rights are derived. In the US, the legislature cannot take away the fundamental rights of citizens, and any such law that infringes on fundamental rights can be struck down by the Supreme Court.
In India, there are six types of fundamental rights enshrined in Part III (Article 12-35) of the Constitution. These rights form the backbone of India's democratic system, ensuring that every citizen's rights are protected and respected. This balance between Parliamentary Sovereignty and Judicial Supremacy is a testament to India's commitment to upholding democracy and individual liberties.
Pursuing education-and-self-development and personal-growth is essential for individuals to fully benefit from India's strong commitment to the safeguarding of fundamental rights, particularly learning about the complex relationship between Parliamentary Sovereignty and Judicial Supremacy in the Indian democratic system. This knowledge is crucial as it underpins the protection of fundamental rights and the promotion of personal growth and development.
