The constitution of India speaks of ‘We the people of India… give to ourselves this Constitution’, thereby clarifying beyond doubt that sovereignty under the Political System lies with the people. But, the people need an institution for expressing and exercising their will and power. This gives rise to the idea of a representative democracy.
Under the scheme of the Indian Constitution (IC) and its provisions of universal adult franchise, people exercise their sovereign power by casting vote and electing a ‘Union Parliament’ through which they find expression.
The Indian Parliament (IP) is the federal legislature of the Indian Union. It is an instrument of governance, change and social transformation. Thus, its composition and functions are of the utmost importance.
The founding fathers of the country in their collective wisdom decided, after intensive deliberations, to adopt a parliamentary form of govt. As a result, the Constitution framed by the Constituent Assembly was adopted on 26 November 1949 and came into force on 26 January 1950. The first general elections
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Moreover, the co-operation and co-ordination between the Judicial and Legislative organs is essential for the working of a Democratic Constitution. The Judiciary is the basic feature of Indian Constitution and must be paid respect by all other organs of democracy, including Parliament. It has exclusive and undisputed power of interpreting Constitutional provisions, Art.105 of the Constitution, a source of Parliamentary privileges in India, is also not an exception to this principle. Art.122 of the Constitution though bars the Judiciary from inquiring into the proceedings of the Parliament; it does not take away a general power of Judiciary to act as a custodian of the Indian Constitution. As a result, the Judiciary never denied the claim of the Parliament to be supreme as to its internal affairs but, shoulders the primary responsibility of protecting the fundamental rights of the citizens in