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Trending: Call for Papers Volume 5 | Issue 2: International Journal of Advanced Legal Research [ISSN: 2582-7340]

PARLIAMENTARY SOVEREIGNTY VS. JUDICIAL REVIEW: A COMPARATIVE ANALYSIS OF THE UK AND INDIAN MODELS OF LEGISLATIVE SUPREMACY – Shubham Pandey

Abstract

This article presents a comparative analysis of parliamentary sovereignty and judicial review in the United Kingdom and India, focusing on the balance of legislative supremacy and judicial oversight in both constitutional frameworks. It explores the historical development of parliamentary sovereignty in the UK and contrasts it with India’s system, where judicial review is enshrined in the Constitution through Articles 13, 141, and 142. The role of judicial review in limiting legislative power is analyzed through landmark cases such as Factortame in the UK and Kesavananda Bharati in India. The article also examines the broader implications for the separation of powers and the rule of law in both nations, highlighting the differing extents to which the judiciary can act as a check on parliamentary authority.

Keywords: Parliamentary sovereignty, judicial review, UK constitution, Indian Constitution, legislative supremacy, Factortame, Kesavananda Bharati, separation of powers, rule of law.