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India's constitutional supremacy and parliamentary accountability
Discussions regarding the state of Indian democracy highlight a tension between parliamentary function and constitutional supremacy. While India operates as a representative parliamentary democracy, concerns have been raised regarding the deterioration of Parliament's ability to perform its primary objectives of lawmaking and holding the executive accountable through scrutiny and debate.
Legal analysis emphasizes that the Indian Constitution rejects the doctrine of absolute parliamentary sovereignty seen in the Westminster model. Instead, the Constitution establishes constitutional supremacy, meaning the legislative, executive, and judicial branches must function within constitutional provisions. This framework is supported by the basic structure doctrine and the principle of collective responsibility, ensuring that Parliament remains a creature of the Constitution rather than its master.
Entities
Constitution of India · Parliament of India · Supreme Court of India