Supreme Court vs Parliament: Who Holds More Power In India’s Democracy – Executive or Judiciary? | Analysis

Parliament vs Supreme Court: It’s true—no person is above the legislation. Everyone should abide through it, whether or not a commonplace citizen or public reputable, whether or not a pacesetter or a pass judgement on. Recently, a number of BJP leaders have brazenly criticized the Supreme Court. Although the BJP formally distances itself from those remarks, the controversy around the nation has reignited: who holds extra energy—the Supreme Court or the Parliament? In these days’s DNA, Rahul Sinha, Managing Editor, Zee New, attempted to discover a solution to this query:

Watch Full DNA Episode Here:

मुर्शिदाबाद से दंगाइयों का खौफनाक सच

‘एक देश एक कानून’ की टाइमिंग का विश्लेषण

सुप्रीम कोर्ट या संसद…ज्यादा ताकतवर कौन?

देखिए #DNA LIVE Rahul Sinha के साथ#ZeeAre living #ZeeNews #DNAWithRahulSinha @RahulSinhaTV https://t.co/K1CgQQQjXC

— Zee News (@ZeeNews) April 21, 2025

This dialogue started because of a listening to within the Supreme Court in regards to the Waqf Act. The central query being raised is whether or not the courtroom will have to even entertain a listening to in this legislation. BJP MP Nishikant Dubey puzzled the Supreme Court’s authority over the Waqf Act case. He mentioned, “The laws of this country are made by the Indian Parliament… how can you dictate to that Parliament? Only and only the Supreme Court is responsible for inciting religious conflict in this country… the Supreme Court is overstepping its limits.” Prior to the graduation of this listening to, Union Minister for Minority Affairs Kiren Rijiju had additionally mentioned, “I trust the Supreme Court will not interfere in legislative matters. The separation of powers is clearly defined in the Constitution. We must respect each other’s roles.”

Earlier, on April 17, Vice President Jagdeep Dhankhar had mentioned that judges are appearing like a ‘super Parliament’ or even likened Article 142 of the Constitution to a nuclear missile.

This naturally raises the query in folks’s minds—who is bigger, the courtroom or the Parliament?

According to the Indian Constitution, the device of governance is split amongst 3 branches: the manager, the legislature, and the judiciary.

• The Executive contains the President, Prime Minister, Cabinet, Governors, Chief Ministers, native heads like village leaders and mayors.
• The Legislature contains the Parliament, state assemblies, legislative councils, and panchayats.
• The Judiciary contains the Supreme Court, High Courts, and decrease civil courts.

The Constitution obviously states that the Constitution itself stands above all 3 branches. While the facility to make rules lies with the Parliament, the judiciary has the authority to check whether or not a legislation is constitutional or no longer. The management is chargeable for implementing the ones rules. The Constitution expects those 3 branches to paintings collaboratively, with steadiness—no longer struggle—between them.

Article 142 grants the Supreme Court the authority to factor any order or directive to verify entire justice in any topic. When the Constitution was once being drafted, it was once understood that no longer all long run demanding situations might be predicted. Hence, Article 142 was once added to empower the Court to take care of unexpected problems.

Using this authority, the Court has delivered landmark verdicts in instances like:

• The Ayodhya Ram Mandir case
• Sahara-SEBI dispute
• Shiv Sena–Maharashtra govt struggle
• Delhi vs Lieutenant Governor dispute
• Ban on liquor gross sales close to highways
• Various divorce-related instances

Every time there was friction between the judiciary and the legislature, it has impacted the method of law-making. This debate is very similar to the age-old query: which got here first, the rooster or the egg?

While Parliament can exchange courtroom choices thru new law, the judiciary too can evaluation and strike down rules made through Parliament. Therefore, it isn’t conceivable to mention definitively who’s superb.

The Constitution attracts a nice line between the 2—and that very line is what maintains steadiness.