Political Science and IR Optional 2017 Paper I

Differentiate parliamentary supremacy from parliamentary sovereignty. Would you consider the Indian Parliament as a Sovereign Parliament? Examine.

Verified Answer

Parliamentary supremacy and parliamentary sovereignty are closely related but distinct concepts, often confused. Parliamentary sovereignty, as traditionally understood in the British context, implies that Parliament has absolute and unlimited power to make or unmake any law, and no other body (including the judiciary) can question its validity. There are no legal limits on Parliament's legislative competence, and it cannot bind its successors. This doctrine is a cornerstone of the unwritten British constitution.

Parliamentary supremacy, on the other hand, refers to the practical dominance of the legislature within the political system. It suggests that Parliament is the most powerful institution, but its powers might still be subject to certain legal or constitutional constraints. It signifies the pre-eminence of the legislative branch over the executive and judiciary in terms of law-making, but not necessarily an absolute, unchallengeable authority.

Considering the Indian Parliament, it cannot be deemed a 'Sovereign Parliament' in the absolute sense of the British model. The Indian Constitution establishes a system of limited government and a written, rigid constitution. Several factors restrict the Indian Parliament's sovereignty:

  1. Written Constitution: The Constitution is the supreme law of the land, and all parliamentary laws must conform to it. Parliament derives its powers from the Constitution and cannot act beyond its provisions.
  2. Fundamental Rights: Part III of the Constitution guarantees Fundamental Rights, which are enforceable by courts. Any law enacted by Parliament that violates these rights can be declared unconstitutional by the judiciary (Article 13).
  3. Judicial Review: The Supreme Court and High Courts have the power of judicial review, allowing them to examine the constitutionality of parliamentary laws. This power acts as a significant check on legislative authority.
  4. Federal Structure: India has a federal system, dividing powers between the Union and State legislatures. Parliament can legislate only on subjects enumerated in the Union List and Concurrent List, and its powers are limited in relation to state subjects.
  5. Basic Structure Doctrine: The Supreme Court, in the Kesavananda Bharati case (1973), propounded the 'Basic Structure Doctrine,' stating that Parliament cannot amend the fundamental features of the Constitution, even through its constituent power under Article 368. This is a profound limitation on Parliament's amending power.

Therefore, while the Indian Parliament is supreme in its legislative domain and holds significant power, it operates within the framework of a written constitution, subject to judicial review, fundamental rights, and the basic structure doctrine. It is a 'supreme' legislative body but not 'sovereign' in the absolute sense, as its powers are constitutionally limited and checked by other organs of the state.