PARLIAMENT AND THE COURTS: A COMPARATIVE SCRUTINY OF JUDICIAL REVIEW IN INDIA AND AUSTRALIA

Abstract

The separation of powers although not specifically spelled out in the Indian and Australian constitutional provisions, is an important element in the constitutional structure of both countries. Highest courts have made judicial interpretation in India and Australia as highly relevant to this doctrine because they emphasize how the balance between the legislative, executive, and judicial branches of the government should be taken care of by using this doctrine. Separation of powers is included in the doctrine of basic structure in India, which makes it an exception to the amendment of the constitution. In Australia, the High Court confirmed the doctrine as an important element of the constitution in Boilermakers Society of Australia (1956), establishing that the doctrine sealed the independence of the judiciary from meddling by other arms of the government. Accordingly, both nations recognize the importance of the separation of powers that are regarded as a primary part of democracy and constitutionality, both at the constitutional level and from a jurisprudence perspective.