Compare and contrast the British and Indian approaches to Parliamentary sovereignty.
The British and Indian approaches to Parliamentary sovereignty, while both rooted in democratic traditions, are fundamentally different. In the United Kingdom, Parliament is considered absolutely sovereign, primarily due to its unwritten constitution. This means Parliament can enact or repeal any law, and critically, its primary legislation cannot be challenged by any court. There is no higher legal authority than the Act of Parliament itself.
Conversely, India adopted a system of limited parliamentary sovereignty. While the Indian Parliament possesses vast legislative powers, its authority is constrained by the written Constitution. The judiciary, through its power of judicial review, can declare any law passed by Parliament null and void if it violates the Constitution, especially the fundamental rights. Furthermore, the 'basic structure doctrine' ensures Parliament cannot amend the core features of the Constitution. Thus, in India, it's constitutional supremacy that prevails over parliamentary supremacy, establishing a crucial system of checks and balances.
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