Which is powerful Judiciary or parliament?

On 15th August 1947, India became independent after so much struggle afterwards
the drafting of the constitution took place. India is a sovereign, socialist,
democratic, republic country with a parliamentary form of government which is
adapted from England. Judiciary is drawn from the British legal system but,
concepts like judiciary review etc, taken from the U.S.A constitution which has an
unbiased and independent judiciary. Judiciary, legislature, and executive are the
three vital organs of the Indian democracy. The constitution of India has laid down
and distributed the powers and functions to each organ for the maintenance of law
and order.

In India, the constitution is the supreme law of the land. Parliament makes laws for
the welfare of the citizens and the judiciary has to scrutinize the validity of the law
made by the parliament.

Parliament

The constitution specified bicameral system of parliament consists of the upper

house (Rajya Sabha) and a lower house (Loksabha). The Indian parliament
resembles congress and senate of the united states. Being a democratic country,
legislature i.e, parliament plays a key role in the governance. The people’s
representatives control the government, enact laws and policies for the welfare of
the state. The constitution accorded the legislature with extraordinary powers. No
one can interfere with its authority and freedom.

Constitutional provisions regarding the Powers of the parliament:

According to article 3 of the constitution, the parliament has the power to form
new states, alter the areas, boundaries and names of the existing states.
They have the power to elect the president of India. According to article 54 and 55,
the president shall be elected by the members of the parliament.

The impeachment of the president for violation of the constitution preferred by the
either of the houses (Article -61).

The parliament decides the salary and other allowances of ministers and public
servants (Article- 75).
According to article 169, parliament can abolish the legislative council of a state or
can create one with the consent of a majority of not less than 2/3rd of the members
of the parliament.
It has right to decide how long the rights of scheduled caste and scheduled tribes
should be continued.

It has the power to impeach judges of the supreme court and high court by the two
third of the majority of the members of the house.

Constitution empowers parliament to make laws even in the proclamation of

emergency.

Article 245, parliament may make laws for the whole or part of the territory of
India.

And most of all Article 368 empowers the parliament to amend the constitution.
But, without abridging the fundamental rights provided in part 3 of the
constitution.

Judiciary

The role of the judiciary is to interpret the constitution. It acts as a guardian of the
constitution and protects the fundamental rights of citizens. There is a famous
maxim U bi jus I bi medium means where there is a right there is a remedy. For
this purpose an independent and impartial judiciary established by the constitution
The judiciary has the power to annul the acts which are inconsistent with the
constitution of India. This is known as judicial review. It was guaranteed under the
article 32 of the constitution. The high court and supreme court has the power to
decide the validity of the act or legislation. This feature is adapted from the
American constitution.

Article124-147 deals with the provisions of union judiciary.

Article 214-237 deals with the state judiciary i.e high court and subordinated
courts.

After independence, the courts started invalidating land reforms act, a violation of
fundamental rights to the property. This conflict between judiciary and legislature
give rise to the inclusion of article31B, by the first amendment act, 1951, through
which 9th schedule was created by the former prime minister Nehru. The 9th
schedule is to evade judicial scrutiny and to give blanket protection to deprive
courts of intervening in the legislative acts. Now there are more than 200 acts
included in the 9th schedule.

In Golaknath’s case 1967 the supreme court decided that chapter 3 of Indian
constitution cannot be amended. It is considered as over-judicial activism. Again in
1973, Keshavananda Bharathi v. the State of Kerala, the thirteen eminent judge
bench of supreme court ruled the parliament cannot alter the basic structure of the
constitution. Even though the parliament has amending power, the basic edifice of
the constitution should not be altered.

The judiciary exercises its powers to save the democracy which is enshrined in the
constitution of India, which is why it is known as the custodian of the constitution.
It declares the acts made by parliament void if they are inconsistent with the
constitution of India. Article 31 C which is included by the 25th amendment in
1971, confers immunity to laws giving effect to certain directive principals. This
article held void by the judiciary on the ground of inconsistency with articles 14,
19 and 31. Article 72(2) and 329A inserted in the 39th Amendment in 1975, which
consists of the provision that the election of the Prime Minister cannot be defined
in the Court. The supreme court of India declares these provisions unconstitutional
in Indira Nehru Gandhi v. Raj Narain, 1975. The judiciary also gives suggestions
to enact certain laws.

Conclusion

The constitution is supreme and nothing is above the constitution of India. The
constitution granted separate powers and obligations to the judiciary, executive,
and legislature. They have different roles to play in order to maintain the law and
order. According to A.V. Dicey, parliament makes laws that no one can override
or set aside the law, but only if it abridges the basic structure. And the judiciary
has to interpret and scrutinize the legislation. It has obligation to safeguard enforce
the fundamental rights of the people in the country. The constitution equipped
judiciary and legislature with balanced powers and nothing is above the other. If
parliament crosses its limits then the judiciary will have to regulate it. If the
judiciary did cross its limits then the parliament has the power to fix. They both go
hand in hand. Ultimately the aim of both judiciary and parliament is to protect and
develop the democracy. Constitution doesn’t granted arbitrary powers because
arbitrary powers corrupt the democracy which ultimately leads to tyranny and
chaos. After all, every organ of the Indian democratic country works under the
purview of the constitution of India, the law of the land.
The role of judiciary and parliament strengthening the democracy of the country.
We cannot imagine one without the other.

https://www.jagranjosh.com/general-knowledge/power-and-functions-of-indian-parliament-
1438144925-1

https://www.linkedin.com/pulse/constitution-india-three-pillars-prantik-sarkar

https://www.awaaznation.com/social-issues/parliament-vs-judiciary-of-india/

https://www.legallyindia.com/supreme-court/6-constitutional-amendments-the-sc-part-struck-down-
but-njac-was-the-first-ever-wholesale-quash-20151103-6831

http://www.lawyersclubindia.com/articles/The-Indian-Legal-System-3100.asp

http://www.livelaw.in/proposal-balance-judicial-review-parliamentary-power/