CONSTITUTIONAL SUPREMACY AND JUDICIAL CRAFTSMANSHIP IN INDIA
By Mitali Aditya Patil, DES Navalmal Firodia College, Pune.
Abstract
Judicial craftsmanship: the fine art of upholding constitutional supremacy while balancing power and protecting rights. Constitutional supremacy in India, established in 1949, empowers the judiciary with judicial review. Landmark cases like Kesavananda Bharati (1973) showcased judicial craftsmanship in upholding the basic structure doctrine. This craftsmanship protects constitutional integrity and maintains a balance of power. Currently, the Indian judiciary actively upholds constitutional supremacy through judicial review, reinforcing the basic structure doctrine and expanding fundamental rights. Recent judgments have addressed contemporary issues like privacy and equality, showcasing judicial craftsmanship in interpreting the Constitution as a living document. However, the balance between judicial activism and restraint continues to spark debate. The relationship between constitutional supremacy and judicial craftsmanship in India is foundational to the country's legal system. Constitutional supremacy establishes the Constitution as the highest law, while judicial craftsmanship involves the skillful interpretation and application of constitutional principles by the judiciary. This interplay is crucial in ensuring that laws and government actions comply with the Constitution. A problem arises as to how judicial craftsmanship overpowers the legislature and executive in interpreting laws. There is a need to investigate the rationale and perspectives behind the judiciary's approach. Judicial craftsmanship significantly influences the interpretation of constitutional supremacy in India, enabling the judiciary to adapt constitutional principles to evolving social norms and effectively protect fundamental rights. To enhance constitutional supremacy and judicial craftsmanship in India, reforms should include training for judges, clearer guidelines for judicial review, increased transparency, and streamlined PIL processes. Expanding legal aid, establishing judicial accountability, and encouraging interdisciplinary input will strengthen the judiciary’s role in upholding constitutional principles while adapting to societal changes. This research examines the role of judicial craftsmanship in upholding constitutional supremacy in India, particularly in adapting to evolving social norms. It analyzes landmark judgments to assess how judicial craftsmanship protects fundamental rights, maintains the balance of power, and addresses challenges in judicial activism versus restraint. The study also proposes reforms to enhance judicial effectiveness and uphold constitutional integrity.
Keywords: Constitutional Supremacy, Judicial Craftsmanship, Fundamental Rights.
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