Parliamentary sovereignty alludes to the notion that parliament is superior to the executive and judicial arms of government and so has the power to adopt or repeal any law. Any past legislation may be changed or repealed by the sovereign legislature, which is not bound by any written law, such as the constitution. The UPSC Indian Polity and Governance Syllabus includes the Sovereignty of Parliament which is discussed in this article.

Sovereignty of Parliament in India

In India, there is constitutional sovereignty rather than parliamentary sovereignty. The Indian Constitution puts limitations on all organs of the state.

Limitations on the Sovereignty of Indian Parliament

The Indian Parliament, on the other hand, cannot be considered a sovereign body in the same way since its authority and jurisdiction are limited by 'legal' constraints. The following considerations restrict the Indian Parliament's sovereignty:

Written Nature of the Constitution

• India’s Constitution is the supreme law of the land, which outlines the power and jurisdiction of the Union Government's three organs, namely the legislature, the executive, and the judiciary, as well as the nature of their connection.
• As a result, the Parliament must act within the constraints set forth by the Constitution.
• There is also a legal distinction between the Parliament's legislative authority and its constituent authority. The ratification of half of the states is necessary to implement certain constitutional revisions. In Britain, on the other hand, neither the Constitution nor anything resembling a basic law of the nation exists.

Federal System of Government

• India is governed by a federal system with a constitutional separation of powers between the Union and the states in which both must stay inside their domains of influence.
• As a result, Parliament's legislative competence is limited to the topics included in the Union List and Concurrent List and does not extend to the subjects listed in the State List (unless in five exceptional cases and only for a limited time).
• The United Kingdom, on the other hand, has a unitary government, which means that all authorities are concentrated in the centre.

System of Judicial Review

• Indian Parliament's supremacy is also limited by the establishment of an independent judiciary with the power of judicial review.
• If the legislation established by Parliament violates any provision of the Constitution, the Supreme Court and High Courts can declare them invalid and ultra vires (unconstitutional).
• In Britain, on the other hand, there is no judicial review procedure. The British Courts are required to apply Parliamentary statutes to individual circumstances without considering their constitutionality, legitimacy, or rationality.

Limitations on Amending Fundamental Rights

• The establishment of a code of justiciable fundamental rights under Part III of the Constitution also limits the Indian Parliament's jurisdiction.
• Article 13 forbids the state from enacting legislation that either completely or partially eliminates a fundamental right. As a result, any Parliamentary law that violates basic rights is null and invalid.
• The Constitution of the United Kingdom, on the other hand, has no codification of justiciable basic rights.
• The British Parliament has similarly failed to pass any legislation outlining people’s fundamental rights. However, this does not negate the rights of British nationals. Despite the lack of a charter protecting rights, Britain has the most liberty in the world because of the Rule of Law.

Limited Amendment Power

• Parliament has the power to alter most parts of the constitution, but not the "fundamental elements of the constitution". Furthermore, certain modifications require a special majority and a resolution from the state legislature.

Presidential Vetoes

A measure cannot become law until the President signs it. The President can use different veto powers, such as the pocket veto, to limit parliament's authority.

No discussion of judges conduct in the Parliament

• Articles 121 and 211 of the Indian Constitution state that no discussion of any judge of the Supreme Court or of the High Court in the discharge of his duties may take place in the Legislature of a state or in Parliament. As a result, the legislature has no authority to debate the conduct of judges.

British Parliament – An Example of Sovereign Parliament

The British Parliament is sovereign, meaning it has absolute power inside the state with no legislative limitations on its authority and jurisdiction. The ‘doctrine of Sovereignty of Parliament’ is associated with the British Parliament.

Any law can be made, amended, substituted, or repealed by Parliament: 'The British Parliament can do everything except make a woman a male and a guy a woman,' remarked De Lolme, a British political commentator.

• Constitutional legislation can be enacted using the same method as regular laws. In other words, there is no legal separation between the British Parliament's constituent jurisdiction and its legislative authority.
• The judiciary cannot declare Parliamentary laws illegal because they are unconstitutional. In other words, there is no system of judicial review in Britain.

Conclusion

As a result, while our Parliament's terminology and organizational structure are similar to those of the British Parliament, there is a significant difference between the two. The Indian Parliament is not a sovereign institution in the same way that the British Parliament is. Unlike the British Parliament, the Indian Parliament's authority and jurisdiction are defined, limited, and constrained. The Indian Parliament is comparable to the American Congress in this sense in which the written nature of the Constitution, the federal form of government, the judicial review system, and the Bill of Rights all limit Congress's power in the United States.

FAQs

MCQs

1. Under which Article of the Constitution can Parliament amend the Constitution?

A. Article 356
B. Article 32
C. Article 368
D. Article 370

2. Which case established the basic structure doctrine in India, limiting Parliament's power to amend the Constitution?

A. Golaknath case
B. Minerva Mills case
C. Kesavananda Bharati case
D. Maneka Gandhi case

3. What is the primary difference between the sovereignty of the UK Parliament and the Indian Parliament?

A. The UK Parliament can be dissolved at any time
B. The UK Parliament has unlimited sovereignty, while the Indian Parliament is bound by the Constitution
C. The Indian Parliament is older
D. The UK Parliament has no checks and balances

4. Which institution has the power to review laws passed by Parliament to ensure their constitutionality?

A. President of India
B. Supreme Court of India
C. Comptroller and Auditor General
D. Election Commission

5. The Seventh Schedule of the Indian Constitution is related to which of the following?

A. Distribution of powers between Parliament and State Legislatures
B. Protection of fundamental rights
C. Appointment of judges
D. Financial emergency

GS Mains Questions and Model Answers

Q1: Discuss the concept of sovereignty of Parliament in India. How is it different from the sovereignty of Parliament in the UK?

Answer: The sovereignty of Parliament in India refers to the legislative authority of Parliament to make laws for the country. However, unlike the UK Parliament, which enjoys unlimited sovereignty, the Indian Parliament operates within the framework of the Constitution. It is limited by fundamental rights, the basic structure doctrine, and the power of judicial review by the Supreme Court. In the UK, Parliament is the supreme legal authority, while in India, the Constitution is supreme, and Parliament must function within its constraints.

Q2: How does judicial review act as a limitation on the sovereignty of Parliament in India?

Answer: Judicial review serves as a significant limitation on the sovereignty of Parliament in India. The Supreme Court and High Courts have the authority to review laws passed by Parliament and determine their constitutionality. If any law violates the Constitution, the judiciary can declare it ultra vires (beyond Parliament’s powers) and strike it down. This ensures that Parliament cannot enact laws that infringe upon fundamental rights or the basic structure of the Constitution, as established in the Kesavananda Bharati case.

Q3: Examine the impact of the basic structure doctrine on the legislative authority of the Indian Parliament.

Answer: The basic structure doctrine, established in the Kesavananda Bharati case (1973), limits the legislative authority of the Indian Parliament by preventing it from amending certain essential features of the Constitution. While Article 368 gives Parliament the power to amend the Constitution, it cannot alter the basic structure, which includes features like fundamental rights, federalism, and judicial independence. This doctrine acts as a safeguard against potential misuse of parliamentary power and ensures the Constitution's core principles remain intact.

Previous Year Questions on Sovereignty of Parliament

1. UPSC CSE Mains 2019 (GS Paper 2)

Question: What do you understand by the concept of parliamentary sovereignty? To what extent is Parliament sovereign in India?

Answer: The concept of parliamentary sovereignty implies that Parliament has the supreme legal authority to make or repeal laws without any external interference. In the UK, Parliament is fully sovereign. However, in India, Parliament’s sovereignty is limited by the Constitution, fundamental rights, and the basic structure doctrine. Parliament can legislate on matters listed under the Union List and Concurrent List but is subject to judicial review. The judiciary ensures that laws conform to constitutional provisions, restricting the extent of Parliament’s sovereignty.

2. UPSC CSE Mains 2018 (GS Paper 2)

Question: Judicial review is considered an essential feature of the Indian Constitution. Discuss its importance in maintaining the constitutional balance between the legislature and judiciary.

Answer: Judicial review is a crucial mechanism for maintaining the balance of power between the legislature and the judiciary. It allows courts, especially the Supreme Court, to review laws passed by Parliament and state legislatures to ensure they conform to the Constitution. This power prevents Parliament from enacting unconstitutional laws and protects the fundamental rights of citizens. Judicial review also reinforces the separation of powers and ensures that no institution oversteps its constitutional boundaries, thus maintaining the rule of law.