Parliamentary Sovereignty

Parliamentary sovereignty refers to the principle that Parliament is the supreme law-making authority and has the power to make, amend or repeal any law without being legally restricted by any other institution. Under this doctrine, no court can invalidate an Act of Parliament, and no Parliament can bind its successor.

The concept is a defining feature of the British Constitution and is closely associated with the constitutional scholar A.V. Dicey.

Meaning of Parliamentary Sovereignty

·       Parliamentary Sovereignty means that Parliament has unlimited legislative authority to enact, amend or repeal laws on any subject. Its laws are considered supreme, and no authority, including the judiciary, can question their validity on constitutional grounds.

·       However, this doctrine applies fully in the United Kingdom and not in India.

Origin

·       The doctrine of Parliamentary Sovereignty originated in England after the constitutional struggle between the Crown and Parliament during the 17th century. It was firmly established after the Glorious Revolution (1688) and the Bill of Rights, 1689, which affirmed the supremacy of Parliament over the monarchy.

·       Later, A.V. Dicey systematically explained this doctrine in his famous work “Introduction to the Study of the Law of the Constitution” (1885).

Key Features of Parliamentary Sovereignty

• Parliament is the supreme law-making authority.
• Parliament can make, amend or repeal any law.
• No Parliament can bind a future Parliament.
• Courts cannot invalidate an Act of Parliament.
• No distinction exists between constitutional and ordinary laws.
• Parliament has unlimited legislative competence.

Parliamentary Sovereignty in the United Kingdom

The United Kingdom follows the principle of absolute Parliamentary Sovereignty because it does not have a single written Constitution.

In the UK:

• Parliament is the highest legal authority.
• Courts cannot declare an Act of Parliament unconstitutional.
• Constitutional amendments are passed like ordinary laws.
• Parliament can legislate on any subject without constitutional limitations.

Parliamentary Sovereignty in India

·       India does not follow absolute Parliamentary Sovereignty. Instead, it follows the principle of Constitutional Supremacy, where the Constitution is the supreme law of the land.

·       Parliament derives its powers from the Constitution and must exercise them within constitutional limits.

Why is Parliament Not Sovereign in India?

Several constitutional provisions restrict Parliament’s powers.

Written Constitution: India has a written Constitution that defines and limits the powers of Parliament.

Constitutional Supremacy: The Constitution is supreme, and all laws enacted by Parliament must conform to its provisions.

Judicial Review: Under Articles 13, 32, 131–136, 226 and 227, the Supreme Court and High Courts have the power to review parliamentary laws and strike them down if they violate the Constitution.

Basic Structure Doctrine: The Supreme Court held that Parliament cannot amend or destroy the Basic Structure of the Constitution, even while exercising its constituent power under Article 368.

Federal Distribution of Powers: The Seventh Schedule divides legislative powers between the Union and the States. Parliament cannot legislate on matters reserved exclusively for States except in situations provided by the Constitution.

Fundamental Rights: Any law violating Fundamental Rights may be declared unconstitutional by the judiciary, subject to constitutional limitations and judicial interpretation.

Constitutional Provisions

Parliamentary Sovereignty vs Constitutional Supremacy

Landmark Supreme Court Judgments

·       kesavananda Bharati v. State of Kerala (1973): The Supreme Court evolved the Basic Structure Doctrine, holding that while Parliament can amend the Constitution, it cannot alter or destroy its basic structure.

·       Minerva Mills v. Union of India (1980): The Court held that limited amending power itself is part of the Basic Structure and reaffirmed that Parliament is not supreme over the Constitution.

·       I.R. Coelho v. State of Tamil Nadu (2007): The Supreme Court ruled that even laws placed in the Ninth Schedule after 24 April 1973 are subject to judicial review if they violate the Basic Structure.

Importance

• Maintains constitutional governance.
• Prevents arbitrary exercise of legislative power.
• Protects Fundamental Rights.
• Preserves federal balance.
• Strengthens judicial review and the rule of law.
• Ensures checks and balances among the organs of government.

Criticism

• Judicial review is sometimes criticised as judicial overreach.
• Frequent judicial intervention may delay policy implementation.
• Tension may arise between parliamentary will and judicial interpretation.

However, these limitations protect constitutional democracy rather than weaken Parliament.

Indian Position: India adopts a balanced approach by combining Parliamentary Government with Constitutional Supremacy. Parliament exercises extensive legislative and constituent powers within the framework of the Constitution. It must also comply with judicial review and the Basic Structure Doctrine.

Frequently Asked Questions (FAQs)

Q1. What is Parliamentary Sovereignty?

Parliament acts as the supreme law-making authority. It can make, amend, or repeal laws without legal restrictions from any other institution, and courts ordinarily cannot invalidate its Acts.

Q2. Does India follow Parliamentary Sovereignty?

No. India follows Constitutional Supremacy, under which Parliament functions within the limits prescribed by the Constitution.

Q3. Why is Parliament not supreme in India?

Parliament’s powers are limited by the Constitution, Judicial Review, Fundamental Rights, the Federal Structure, and the Basic Structure Doctrine.

Q4. Which judgment limited Parliament’s amending power?

The Kesavananda Bharati v. State of Kerala (1973) judgment established the Basic Structure Doctrine, limiting Parliament’s power to amend the Constitution.

Q5. What is the difference between Parliamentary Sovereignty and Constitutional Supremacy?

Under Parliamentary Sovereignty, Parliament is the highest legal authority. Under Constitutional Supremacy, the Constitution is supreme, and all organs of the State, including Parliament, must act within its provisions.