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

1. Introduction:

The constitutional framework of India has evolved to establish a system of constitutional supremacy, where the Constitution is the supreme law of the land. This discussion explores the factors that contribute to constitutional supremacy prevailing over parliamentary supremacy in the Indian context.

2. Constitutional Provisions and Basic Structure Doctrine:

Constitutional provisions play a pivotal role in establishing supremacy. The Indian Constitution explicitly defines the powers and limitations of each organ of the state. The Basic Structure Doctrine, established by judicial pronouncements, ensures that no amendment can alter the essential features of the Constitution. This doctrine, enshrined in Kesavananda Bharati v. State of Kerala (1973), underscores the judiciary's role in safeguarding the Constitution's core principles.

3. Separation of Powers:

The concept of separation of powers, inherent in the Indian Constitution, prevents any single organ from becoming all-powerful. The Constitution clearly delineates the functions of the Executive, Legislature, and Judiciary. The judiciary, as the guardian of the Constitution, interprets and ensures adherence to the constitutional principles, thereby maintaining a check on parliamentary actions.

4. Judicial Review and Independence:

Judicial review empowers the judiciary to scrutinize legislative and executive actions for their constitutionality. The power of the judiciary to strike down laws inconsistent with the Constitution establishes its independence. Landmark cases like Golaknath v. State of Punjab (1967) and Kesavananda Bharati reinforced the judiciary's authority to review and invalidate parliamentary enactments that violate constitutional provisions.

5. Fundamental Rights and Individual Protections:

The incorporation of Fundamental Rights in the Constitution establishes the supremacy of individual liberties over parliamentary actions. The judiciary, through writ jurisdiction, safeguards these rights. The Constitution explicitly states that any law inconsistent with Fundamental Rights can be declared void. This provision ensures that parliamentary supremacy cannot infringe upon the fundamental rights of citizens.

6. Federal Structure and Distribution of Powers:

India's federal structure, with a clear demarcation of powers between the Union and States, limits parliamentary supremacy. The Seventh Schedule of the Constitution allocates subjects to the Union and States, preventing parliamentary encroachment into state jurisdictions. The judiciary acts as an arbiter in disputes arising from this distribution of powers.

7. Directive Principles of State Policy:

The Directive Principles of State Policy, though not legally enforceable, guide state policy-making. The Constitution envisions a socialistic, egalitarian society through these principles. Courts, while unable to enforce them directly, can use them as interpretative tools to assess the constitutionality of legislation, reinforcing the supremacy of constitutional values.

8. Public Interest Litigation (PIL):

Public Interest Litigation, an innovative judicial tool, empowers citizens to seek legal remedies against governmental actions. It enhances the judiciary's role in protecting the Constitution by allowing it to address constitutional issues brought forth by citizens, reinforcing the notion of constitutional supremacy.

9. Accountability and Rule of Law:

The principle of accountability and adherence to the rule of law reinforces constitutional supremacy. Elected representatives and government officials are accountable for their actions, subject to legal scrutiny. The Constitution establishes a legal framework that ensures adherence to the rule of law, preventing arbitrary exercise of power.

10. International Treaties and Conventions:

India's participation in international treaties and conventions contributes to constitutional supremacy. Treaties ratified by India become an integral part of domestic law. Courts can adjudicate on matters concerning treaty obligations, underscoring the Constitution's authority over parliamentary actions in matters of international law.

11. Evolution of Constitutional Jurisprudence:

The evolution of constitutional jurisprudence through judicial interpretations, landmark judgments, and the growth of public interest litigation has played a crucial role in establishing and reinforcing constitutional supremacy. The judiciary, as the final interpreter of the Constitution, has continuously asserted its authority to ensure adherence to constitutional principles.

12. Conclusion:

In conclusion, the factors contributing to constitutional supremacy in India are deeply ingrained in the constitutional design and the evolution of legal principles. The explicit provisions, separation of powers, judicial review, protection of fundamental rights, federal structure, and adherence to the rule of law collectively establish the supremacy of the Constitution. While parliamentary supremacy exists within its defined spheres, the constitutional framework ensures that no organ of the state, including the Parliament, can operate beyond the limits set by the Constitution. The synergy of these factors reinforces India's commitment to constitutional governance and the rule of law.