Explain the factors that establish constitutional supremacy rather than parliamentary supremacy in India.

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Explain the factors that establish constitutional supremacy rather than parliamentary supremacy in India.

In India, the Constitution is supreme, and the Parliament and other government bodies are bound by its provisions. There are several factors that establish constitutional supremacy over parliamentary supremacy in India.

First, the Constitution is the supreme law of the land, and all other laws must be in conformity with its provisions. The Constitution lays out the basic structure of the government and the rights of citizens, and any laws or actions that are inconsistent with the Constitution are considered null and void.

Second, the judiciary has the power of judicial review, which means that it can examine the constitutionality of laws and actions of the government. If a law or action is found to be inconsistent with the Constitution, the judiciary has the power to declare it invalid.

Third, the Constitution lays out a system of checks and balances among the different branches of government. For example, the judiciary has the power to review the actions of the executive and the legislative branches and to declare them unconstitutional if they violate the Constitution.

Fourth, The Constitution also provides for a federal system of government, which means that the powers of the Union and the states are defined and separated, and neither can encroach upon the powers of the other.

Fifth, The Constitution also contains a number of provisions that safeguard the rights and interests of marginalized and disadvantaged communities, such as the Scheduled Castes, Scheduled Tribes, and Other Backward Classes, and the minority communities.

Finally, the Constitution also lays out a system of fundamental rights and directive principles of state policy, which are considered essential for the protection of individual autonomy and dignity, and for the promotion of social welfare and justice.

In summary, the factors that establish constitutional supremacy rather than parliamentary supremacy in India are: the Constitution is the supreme law of the land, the judiciary has the power of judicial review, the system of checks and balances among the different branches of government, the federal system of government, the provisions that safeguard the rights and interests of marginalized and disadvantaged communities, and the fundamental rights and directive principles of state policy which are considered essential for the protection of individual autonomy and dignity and for the promotion of social welfare and justice.

BPSE -212/EPS-12: Government and Politics in India Solved Assignment

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