CONSTITUTIONAL SUPREMACY IN INDIA: THE EXPANDING ROLE OF JUDICIAL REVIEW

The Indian legal landscape is governed by the principle of Constitutional Supremacy, a doctrine ensuring that the Constitution remains the Grundnorm or the ultimate source of legal authority. Central to maintaining this supremacy is the power of Judicial Review. This paper explores the evolution of judicial review from a defensive mechanism into a proactive tool for constitutional preservation. It analyzes the transition of the judiciary into a “sentinel on the qui vive,” the emergence of the “Basic Structure Doctrine” as a shield against overreach, and the contemporary challenges of judicial activism versus overreach in a shifting political climate.

Keywords: Constitutional Supremacy, Judicial Review, Basic Structure Doctrine, Fundamental Rights, Judicial Activism.

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