Sambhav-2025

Day 58: Examine the concept of parliamentary sovereignty in India. How does it differ from the British model of parliamentary sovereignty? (150 words)

06 Feb 2025 | GS Paper 2 | Polity & Governance

Approach / Explaination / Answer

Approach

  • In introduction, define parliamentary sovereignty and its significance in a democracy.
  • Explain parliamentary sovereignty in India with constitutional limitations.
  • Compare it with the British model of absolute parliamentary sovereignty using key differences.
  • Provide a balanced conclusion on its implications in the Indian context.

Introduction

Parliamentary sovereignty refers to the supreme legislative authority of Parliament to make or unmake any law. In the UK, Parliament is truly sovereign, whereas in India, parliamentary sovereignty is limited by the Constitution, federalism, and judicial review.

Body

Parliamentary Sovereignty in India:

  • India follows constitutional supremacy (Article 245) rather than absolute parliamentary sovereignty.
  • Parliament can make laws for the whole or part of India (Article 246) but within the framework of the Constitution.
  • Limitations on Indian Parliament's sovereignty:
    • Judicial Review (Article 13, 32, 226): Courts can strike down unconstitutional laws (Kesavananda Bharati Case, 1973).
    • Basic Structure Doctrine: Parliament cannot amend the Constitution in a way that alters its basic structure.
    • Federal Structure: Parliament cannot unilaterally change state subjects (State List – Schedule VII).
    • Fundamental Rights (Part III): Any law violating them can be declared void (Golaknath Case, 1967).

How Indian Parliamentary Sovereignty Differs from Britain:

Feature India Britain
Source of Power Constitution (Supreme) Parliament (Supreme)
Judicial Review Exists (Article 13, Article 32, Article 226 and Article 141 etc) No judicial review (Parliament is supreme)
Basic Structure Cannot be amended (Kesavananda Bharati case) Can amend any law, including constitutional laws
Federalism Division of powers (Union & State Lists) Unitary system, no division of powers
Fundamental Rights Parliament cannot violate them (Article 13) No entrenched fundamental rights
Executive Authority Limited by parliamentary system & judicial review Executive is completely accountable to Parliament

  • Example of UK Parliamentary Supremacy: UK Parliament can repeal or amend Magna Carta or Human Rights Act without judicial interference.
  • Example of Indian Parliamentary Limitation: The National Judicial Appointments Commission (NJAC) Act, 2014 was struck down by the Supreme Court in 2015, limiting Parliament's authority.

Conclusion

Unlike the UK, where Parliament is sovereign, India follows constitutional sovereignty, ensuring checks and balances through judicial review, federalism, and fundamental rights. This prevents majoritarian rule and safeguards democracy, making Indian parliamentary sovereignty limited yet functional in a constitutional framework.