A brief analysis of Article 368 and some important cases around it

Abstract

This paper discusses the relationship between the judiciary and the legislature in India. It argues that the judiciary has the power of judicial review, which allows it to strike down laws that it deems to be unconstitutional. This power has been used by the judiciary to balance the power of the legislature and to ensure that the rights of citizens are protected. The paper begins by discussing the history of judicial review in India. It then examines the two landmark cases in which the Supreme Court of India has upheld its power of judicial review: Kesavananda Bharati v. State of Kerala and Minerva Mills v. Union of India. The paper then discusses the implications of judicial review for the relationship between the judiciary and the legislature. The paper argues that judicial review is a necessary check on the power of the legislature. It also argues that judicial review can help to protect the rights of citizens. However, the paper also acknowledges that judicial review can be used to interfere with the democratic process. The paper concludes by arguing that the judiciary and the legislature should work together to ensure that the power of judicial review is used in a responsible way and focuses on the point that the legislature should be transparent about its decision-making process and that it should be accountable to the people.