"Legislature is supreme within its domain, yet it is not sovereign." Examine this statement in the constitutional context with examples.
The statement "Legislature is supreme within its domain, yet it is not sovereign" accurately captures the nuanced position of the Indian Parliament within the constitutional framework. It reflects a system that blends elements of parliamentary supremacy (derived from the British model) with constitutional supremacy (inspired by the American model).
Legislature is Supreme Within its Domain: In India, the Parliament (and state legislatures within their respective spheres) holds significant powers, making it supreme in certain aspects:
- Law-Making Power: Parliament has the exclusive power to legislate on subjects enumerated in the Union List and concurrent powers on subjects in the Concurrent List. It can also make laws on State List subjects under specific circumstances (e.g., national emergency, state request).
- Financial Control: Parliament exercises supreme control over public finance. No tax can be levied or collected, and no expenditure can be incurred by the executive without parliamentary approval (e.g., through the annual budget and appropriation bills).
- Executive Accountability: The Council of Ministers is collectively responsible to the Lok Sabha. Parliament can remove the government through a vote of no-confidence, demonstrating its supremacy over the executive.
- Amendment Power: Under Article 368, Parliament has the power to amend the Constitution, reflecting its significant role in shaping the fundamental law of the land.
- Internal Autonomy: Parliament has the power to regulate its own procedure and conduct of business, and its proceedings cannot ordinarily be questioned in a court of law.
Yet it is Not Sovereign: Despite its extensive powers, the Indian Parliament is not sovereign in the absolute sense, unlike the British Parliament. Its powers are subject to several constitutional limitations:
- Constitutional Supremacy: The Indian Constitution is supreme, not Parliament. All laws enacted by Parliament must conform to the provisions of the Constitution. Any law found to be in contravention of the Constitution can be declared null and void.
- Judicial Review: The judiciary (Supreme Court and High Courts) has the power of judicial review (Articles 13, 32, 226). It can examine the constitutionality of legislative enactments and executive orders. If a law violates fundamental rights or other constitutional provisions, the judiciary can strike it down. For example, the National Judicial Appointments Commission (NJAC) Act (99th Constitutional Amendment Act, 2014), passed by Parliament, was struck down by the Supreme Court in 2015, holding that it violated the independence of the judiciary, a basic feature of the Constitution.
- Fundamental Rights: Parliament cannot make any law that takes away or abridges the Fundamental Rights guaranteed to citizens (Article 13). This was firmly established in cases like Golaknath v. State of Punjab (1967) and reaffirmed in Kesavananda Bharati v. State of Kerala (1973).
- Basic Structure Doctrine: The landmark Kesavananda Bharati case (1973) introduced the 'Basic Structure Doctrine,' which holds that Parliament, under its amending power (Article 368), cannot alter the basic structure or fundamental features of the Constitution (e.g., secularism, democracy, federalism, judicial review). This is the most significant limitation on Parliament's amending power. For instance, attempts to curb judicial review or establish an authoritarian system would be unconstitutional.
- Federal Structure: India has a federal system with a division of powers between the Union and the States (Seventh Schedule). Parliament cannot unilaterally legislate on subjects exclusively reserved for state legislatures, nor can it arbitrarily alter the federal character of the Constitution without following specific procedures involving state ratification.
- Procedure Established by Law: Parliament must follow the prescribed legislative procedures for enacting laws and amending the Constitution. Any deviation can lead to the law being challenged.
Conclusion: The Indian constitutional scheme establishes a delicate balance. While the Legislature is supreme in its function of law-making and holding the executive accountable, its powers are circumscribed by the overarching supremacy of the Constitution, the power of judicial review, the fundamental rights of citizens, and the basic structure doctrine. This ensures that parliamentary power is exercised within defined limits, safeguarding democratic values and the rule of law, and preventing the emergence of an unchecked legislative authority.