Parliament Overshadowing Supreme Court Judgements in India: A Game of Ethics.
Parliament Overshadowing Supreme Court Judgements in India: A Game of Ethics

Summary/Abstract: The Principles of separation of power form the backbone of most democratic nations in the world. This system of governance also incorporates checks and balances. Parliament, Executive, and Judiciary have well-defined powers and functions within the constitutional Framework. The judiciary is vested with the power to check the legitimacy of laws. This power enables the judiciary to review the constitutionality of laws on the touchstone of the constitution. This paper deals with case study of two important cases which includes Common Cause and Government of NCT Delhi. In both the cases court declared the actions of parliament invalid. Parliament passed the amendments to overshadow the ruling of the Supreme Court. Such actions in democracy disturb the governance of the country. Also, such practices in the state are considered unethical. Therefore, this paper highlights such practices in reference to the ethical standard set by the Constitution of India.

• Details
• Contents