Supremacy of the Constitution
Topic: Making of the Constitution: Constituent Assembly, Sources and Salient Features · NCERT: Class 11, Ch 1 "Constitution: Why and How?"
Meaning
Supremacy of the Constitution means the Constitution is the highest law in India, above even Parliament. The reason is that it creates Parliament and defines its powers, not that it came first. Any law or government action that goes against it can be struck down by the courts.
Example
Art. 13 makes laws that break fundamental rights void. Art. 245 says Parliament's law-making is "subject to the provisions of this Constitution". Arts. 32 and 226 let the courts carry out judicial review, which means checking laws against the Constitution. Under the Third Schedule, ministers, legislators and judges take oaths of "true faith and allegiance" to the Constitution, not to any person.
Don't confuse with
- Parliamentary sovereignty: in Britain, Parliament is supreme and no court can strike down its laws. In India, Parliament is not sovereign. It works within the Constitution.