The question (13 marks)
"The Indian Parliament is supreme within its sphere but is not sovereign over the Constitution." Defend this proposition, tracing the course of the decisions on the amending power. (13 marks)
MU Module III, parliamentary sovereignty and the amendment cases; pack ch. 03 §4.3 and §5.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 3 · Organisation of Government — Separation of Powers, the Judiciary and Parliamentary Sovereignty of Political Science – I.
Authorities you will need
- Article 13 and the writs under Articles 32 and 226
- Shankari Prasad v Union of India (1951) and Sajjan Singh v State of Rajasthan (1965)
- Golaknath v State of Punjab (1967) and the Twenty-fourth Amendment
- Kesavananda Bharati v State of Kerala (1973): the basic structure limit inside Article 368
- Minerva Mills v Union of India (1980): clauses (4) and (5) of Article 368 struck down
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.