Topic: Comparison of the Indian constitutional scheme with that of other countries
3) “The current case against the actions of prime minister of UK is truly a Kesavananda Bharti moment for the British courts”. Explain. (250 words)
Why this question:
The United Kingdom Supreme Court, in a slender but significant judgment, decided that the prorogation of parliament by the Queen of England, acting on the advice of the Privy Council, was unlawful on the grounds of parliamentary sovereignty and democratic accountability. Hence the question.
Key demand of the question:
One has to explain in what way Indian Supreme Court’s jurisprudence, and its demos prudential co-governance of the nation has similarity with its British counterpart.
Explain – Clarify the topic by giving a detailed account as to how and why it occurred, or what is the particular context. You must be defining key terms where ever appropriate, and substantiate with relevant associated facts.
Structure of the answer:
Explain the current case of prorogation of parliament by the Queen of England as directed by the judiciary of United Kingdom.
Explain what is the situation in UK with respect to democratic accountability of the parliament.
Discuss the commonalities it has with Indian scenario in detail, compare and contrast with the Kesavananda Bharti case.
Elaborate on the ongoing issues of the British parliament, discuss the challenges in detail.
Conclude with way forward.