UTKARSH PANDEY & KRITIKA SINHA

*  RESEARCH SCHOLAR, LUCKNOW UNIVERSITY, ADD – YASHODA NAGAR, KANPUR.

  ** RESEARCH ASSOCIATE, ALLAHABAD HIGH COURT, ADD – SURAJKUND, GORAKHPUR.

ABSTRACT

The Constitution of India is a paramount legal document that provides a clear framework for the functioning of all three branches of government at both the central and state levels. No branch of government holds supreme authority, and all must operate within the boundaries set by the Constitution. The Constitution explicitly outlines the criteria for assessing the validity of each branch’s actions and justifying their decisions. The author has examined the philosophical origins of the concept of Constitutional Supremacy, which stems from Popular Sovereignty and establishes a trust-based relationship between citizens and the state. Unlike Parliamentary Sovereignty, which has transformed legal positivism into a tangible reality, Constitutional Supremacy bestows a higher status upon Fundamental Rights and ensures that legal validity cannot be divorced from considerations of political and social morality. The presence of the Constitution as the supreme law necessitates an approach that recognizes the inherent connection between matters of law and matters of morality. In a democratic country, the concept of Constitutional Supremacy can only be safeguarded by an active and independent judiciary. The absence of judicial review would result in a system of Parliamentary Sovereignty under both the American and Indian constitutional systems.