British parliament judicial scandal associated with which case
Answers
he Judiciary, Legislature and Executive are the three pillars on which the effective functioning of the Government rests. A balance as opposed to conflicts is very necessary to achieve the ultimate public welfare and smooth functioning of the constitutional machinery. India, on the contrary, bears the supremacy of the Constitution where the powers of the Parliament are circumscribed within the four walls set by the Constitution and yet provides for striking a balance between the various pillars without any encroachment on each other’s area and providing effective governance.
Judicial review encompasses the power of judiciary to review actions of legislative and judiciary thus enshrining the principle of Rule of Law and maintaining separation of power principle at the grassroots level.
Thus, the main frame within which the judiciary limits are circumscribed consist of judicial review of administrative and legislative actions and scrutinizing several constitutional amendments in the light of constitutional provisions thereby protecting the sanctity of the Constitution and protecting the fundamental rights of the citizens.
Judicial review is a strong tool to keep a check on public bodies and rendering their accountability if their decisions or policies go outside the powers that have been specified in the Constitution. It maintains effective checks and balances by controlling unriddled, arbitrary or unjust acts taken on behalf of the Executive and the Legislature.
The concept of judicial review traces its roots in the US landmark case Marbury v Madison (1803) whereby the concept gained its full-fledged acknowledgement. Article III of US constitution provides that “Judicial power of US include original, appellate jurisdiction and matters arising under law and equity jurisdiction incorporates judicial powers of the court. Article VI provides “Constitution of US is the supreme law of the land”.
In UK, there is no written Constitution, so the concept of Judicial review could not get into limelight and was constrained only to secondary legislation, and not Primary Legislation except giving weightage to certain Human Rights or respecting the individuality of the person.
The Canadian Judicial review came into existence through Canadian federal Constitution where the imperial Parliament enacted the British North America Act. Then the Canadian Charter of rights and freedoms in 1982 encompassed several issues pertaining to academics, politicians and media.
India resorted to Parliamentary form of government as opposed to Presidential form of government whereby each head of the government must render its accountability. Being under the clutches of British Government in the initial years, judiciary adopted a pro-legislative approach in its various decisions but later between 1970-1975, more than 100 laws were made by the state which were held unconstitutional by the Parliament.
Explanation:
The UK scandal of the parliamentary expenses had an important political tinge to it, and it came into the limelight during the year 2009. The scandal mainly contained parts of a news regarding the expenses claim which were actually made by the members of the UK parliament during their parliamentary tenure in the previous years. It was seen that these members misused the parliamentary expenses.