Supreme Court (SC) is the final interpreter of the Constitution. But, the Parliament may disagree with the SC on the interpretation of the constitution. In such a case, which of these follows?
Parliament declares the ruling of SC as unconstitutional.
Incorrect AnswerParliament can amend the constitution to nullify the view of the judiciary.
Correct AnswerParliament is bound to accept the views of the Judiciary, and cannot do anything in this matter.
Incorrect AnswerA Joint Parliamentary Committee can pass a resolution against the SC judgment declaring it as invalid.
Incorrect AnswerExplanation:
- While SC is the final interpreter of the Constitution, parliament may disagree with the SC, and it is also empowered to amend the constitution in case of such disagreement.
- However, the SC gives the final word on the validity of such an amendment and can even strike it down.
- This tussle between the judiciary and Parliament over constitutional interpretation is best seen in the recent NJAC case or the historical Article 368 controversy.
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By: Parvesh Mehta