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Judicial review was adopted by the constitution of India from judicial review in the United States. [71] In the Indian constitution, judicial review is dealt with in Article 13. The constitution is the supreme power of the nation, and governs all laws. According to Article 13:
External sovereignty means the independence of a state of the will of other states, in her conduct with other states in the committee of nations. The external sovereignty of India means that it can acquire foreign territory and also cede any part of the Indian territory, subject to limitations (if any) imposed by the constitution.
The Preamble of the Constitution of India – India declaring itself as a country. The Fundamental Rights, Directive Principles of State Policy and Fundamental Duties are sections of the Constitution of India that prescribe the fundamental obligations of the states to its citizens and the duties and the rights of the citizens to the State. These sections are considered vital elements of the ...
When an Indian nation files suit against a state in U.S. court, they do so with the approval of the Bureau of Indian Affairs. In the modern legal era, the courts and Congress have, however, further refined the often competing jurisdictions of tribal nations, states and the United States in regard to Indian law. In the 1978 case of Oliphant v.
The words sovereignty and integrity are the qualities to be cultivated/emulated by Indian people as urged by the Constitution but not used related to the territory of India. Article 1 of Part 1 of the Indian constitution, defines India (Bharat) as a Union of states. In a nutshell, India "is its people, not its land", as enshrined in the ...
Parliamentary sovereignty, also called parliamentary supremacy or legislative supremacy, is a concept in the constitutional law of some parliamentary democracies. It holds that the legislative body has absolute sovereignty and is supreme over all other government institutions, including executive or judicial bodies.
A law to amend the constitution is a law for the purposes of Article 13. Article 13 prevents the passing of laws which "take away or abridge" the Fundamental Rights provisions. Article 368 does not contain a power to amend the constitution but only a procedure. The power to amend comes from the normal legislative power of Parliament.
This is the origin of the doctrine of parliamentary sovereignty and is usually seen as the fundamental principle of the British constitution. With these principles of parliamentary sovereignty, majority control can gain access to unlimited constitutional authority, creating what has been called "elective dictatorship" or "modern autocracy".