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“Legislature is supreme within its domain, yet it is not sovereign.” Examine this statement in the constitutional context with examples.
Exceptional use of legal terminology like ‘fons et origo’ and ‘plenary powers’. The answer perfectly balances the two halves of the question using a wide array of landmark judgments (Kesavananda Bharati, Minerva Mills, S.R. Bommai).
To reach the top tier, explicitly note that ‘sovereignty’ in India lies with ‘We, the People’ (Preamble). Adding the I.R. Coelho (2007) case on the Ninth Schedule would strengthen the judicial-review section.
Introduction. In the British model, A.V. Dicey posited that Parliament can make or unmake any law. However, India adopted Constitutional Supremacy. While the Indian Legislature is supreme within its allocated domain, it is not sovereign — its powers are derived from, and limited by, the Constitution, the fons et origo of all authority.
Legislature is supreme within its domain
1. Plenary legislative power: Under Articles 245 & 246, Parliament and State Legislatures legislate on the Seventh Schedule; within this sphere their authority is exhaustive.
2. Constituent power: Under Article 368, Parliament has the unique power to amend the Constitution.
3. Control over executive: Through motions (no-confidence, censure) and budgetary control, the legislature ensures executive accountability.
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