Parliamentary Sovereignty in India
Parliamentary Sovereignty in India
1. Meaning of Parliamentary Sovereignty
Parliamentary Sovereignty (also called Parliamentary Supremacy) is a doctrine mainly associated with the British constitutional system, where Parliament is the supreme legal authority capable of creating or ending any law. No other body, including the courts, can overrule or invalidate its legislation.
In simple terms:
Parliament has unlimited power to make, amend, or repeal laws.
No law passed by Parliament can be questioned or declared invalid by the judiciary.
2. Is Parliamentary Sovereignty Applicable in India?
Unlike the UK, India follows a written Constitution which limits the powers of the Parliament. Therefore, absolute Parliamentary Sovereignty does not exist in India.
Key reasons:
India has a written Constitution (adopted in 1950) which is the supreme law of the land.
Parliament derives its law-making power from the Constitution and cannot override it.
The Supreme Court of India has the power of Judicial Review to strike down laws that violate the Constitution.
Hence, India follows the principle of Constitutional Supremacy rather than Parliamentary Sovereignty.
3. Parliament’s Legislative Powers
Parliament can legislate on subjects in the Union List and, in certain conditions, on subjects in the State List.
It has power to amend the Constitution under Article 368 but within the limitations prescribed by the Supreme Court (Basic Structure Doctrine).
Parliament is supreme only within the limits of the Constitution.
4. Limitations on Parliamentary Sovereignty in India
| Limitation | Explanation |
|---|---|
| Constitutional Supremacy | The Constitution is supreme; any law inconsistent with it can be struck down. |
| Judicial Review | Courts can invalidate laws passed by Parliament if unconstitutional. |
| Basic Structure Doctrine | Parliament cannot amend the “basic structure” of the Constitution. |
| Federal Structure | Parliament cannot encroach upon the exclusive powers of States beyond constitutional provisions. |
| Fundamental Rights | Parliament cannot amend or abrogate fundamental rights in a manner violating basic structure. |
5. Important Case Laws on Parliamentary Sovereignty in India
1. Shankari Prasad Singh Deo v. Union of India (1951)
Held that Parliament has the power to amend any part of the Constitution including Fundamental Rights.
Initially upheld a form of Parliamentary Sovereignty, subject to Article 368.
2. Sajjan Singh v. State of Rajasthan (1965)
Reaffirmed Shankari Prasad that constitutional amendments under Article 368 are not “law” under Article 13.
Upheld Parliament’s power to amend Fundamental Rights.
3. Golaknath v. State of Punjab (1967)
Landmark case that restricted Parliamentary Sovereignty.
Held that Parliament cannot amend Fundamental Rights as they are transcendental and supreme.
Declared that constitutional amendments are “law” under Article 13 and hence subject to judicial review.
4. Kesavananda Bharati v. State of Kerala (1973)
Established the Basic Structure Doctrine.
Held that Parliament’s power to amend the Constitution is not unlimited.
Parliament can amend any part of the Constitution except its basic structure (which includes fundamental rights, democracy, secularism, etc.).
This judgment balanced Parliamentary Sovereignty with Constitutional Supremacy.
5. Minerva Mills Ltd. v. Union of India (1980)
Reaffirmed Basic Structure Doctrine.
Struck down amendments that violated the basic structure.
Emphasized the balance between amendability and inviolability of the Constitution.
6. Parliamentary Sovereignty vs Constitutional Supremacy
| Parliamentary Sovereignty (UK Model) | Constitutional Supremacy (India) |
|---|---|
| Parliament is supreme; no law above Parliament | Constitution is supreme; Parliament subordinate to it |
| No judicial review over Parliamentary laws | Judiciary can strike down unconstitutional laws |
| No fundamental rights or entrenched constitution | Fundamental Rights protected and enforceable |
| No limitations on Parliament's legislative power | Parliament’s powers limited by Constitution and Basic Structure Doctrine |
7. Conclusion
India does not have Parliamentary Sovereignty in the absolute sense.
Parliament is powerful but subject to the limitations of the Constitution.
The Constitution is supreme and protects fundamental rights and the basic framework of governance.
The Supreme Court acts as the guardian of the Constitution and has the authority to review and invalidate laws violating constitutional provisions.
This system ensures checks and balances between the Legislature, Executive, and Judiciary.
RELATED Blog
0 comments