Parliamentary Sovereignty is a fundamental concept in constitutional law which is primarily rooted in the British legal tradition. It refers to the principle that the Parliament as the supreme legislative body has the ultimate authority to make, amend or repeal any law without legal restriction. This doctrine establishes that no person or body, including the judiciary has the right to override or set aside the laws passed by Parliament.

In the United Kingdom where this concept originated, Parliamentary Sovereignty is the cornerstone of the legal system and ensures that Parliament remains the highest law-making authority. The origins of Parliamentary Sovereignty can be traced back to the gradual development of the British constitutional system.

Historically, it evolved through a series of legal and political struggles particularly during the 17th century when conflicts between the monarchy and Parliament led to a redefinition of power dynamics. The Glorious Revolution of 1688 was an important moment that solidified the principle of Parliamentary Sovereignty which marks the beginning of constitutional monarchy in Britain. This revolution established that the monarch could not rule without the consent of Parliament and laying the foundation for a system where Parliament held ultimate legislative authority.

In the Indian context, the concept of Parliamentary Sovereignty has been adapted but is not absolute. While the Indian Parliament is vested with significant legislative powers its sovereignty is subject to the limitations imposed by the Constitution. Unlike the UK, where Parliament can theoretically enact any law, the Indian Parliament's powers are constrained by the written Constitution which is the supreme law of the land. The judiciary in India particularly the Supreme Court of India has the authority to review and invalidate any parliamentary law that violates the Constitution. This power of judicial review enshrined in the Constitution acts as a check on Parliamentary Sovereignty and ensures that the laws passed by Parliament adhere to the constitutional framework.

Overview of the Provisions that Establish the Sovereignty of Parliament in India

Parliamentary Sovereignty, though not as absolute as in the British context plays a central role in India's democratic governance. The Indian Constitution being the supreme law of the land lays down the structure, powers and functions of the Parliament which is the chief legislative body in the country. The sovereignty of Parliament in India is established through various provisions that grant it the authority to enact laws, control finances, and oversee the executive branch.

The Rajya Sabha, often called the Council of States and the Lok Sabha, called the House of the People make up the bicameral Indian Parliament. Several important provisions of the Indian Constitution delineate the powers and duties of Parliament. The President of India and the two legislative houses are specifically mentioned in Article 79 which formally established the Parliament of India. Article 245 gives Parliament the authority to enact laws for the whole country or for certain areas as needed.

In addition, Article 246 outlines the Union List, State List and Concurrent Lists as the three lists that define the legislative authority allocation between the State Legislatures and Parliament. The Union List in Schedule VII of the Constitution outlines specific subjects that fall exclusively under the legislative authority of Parliament. These include critical areas such as defense, foreign relations, atomic energy and communication. On the other hand the State List identifies matters where only state legislatures have the authority to enact laws.

The Concurrent List includes subjects where both Parliament and state legislatures can legislate. In cases of conflict between the laws made by Parliament and those by state legislatures on these subjects the law passed by Parliament takes precedence. This structured division of legislative powers is essential for preserving the federal nature of governance in India while simultaneously allowing Parliament to maintain control over key issues of national significance.

Role of the Parliament in Law-Making and Its Constitutional Powers

Enacting laws is the Indian Parliament's main duty. A bill can be introduced by the government or a Member of Parliament and this starts the process of making laws. There are various sorts of bills, including financial, money, ordinary and constitutional amendment bills. Money bills which address financial issues like taxes and government spending can only be introduced in the Lok Sabha. Ordinary bills on the other hand can be introduced in either House.

A money bill may be rejected or amended in part by the Rajya Sabha but it may not be rejected entirely. The Lok Sabha has the last say because of its increased authority over financial affairs. A bill becomes a law after it is approved by the president and both houses of parliament. Although it is customary for the President to sign legislation into law they are free to request that a measure be re-examined if they feel it need more thought. But the President must accede if the bill is approved by both Houses once more whether or not changes are made.

Apart from enacting laws Parliament has various other significant authorities and responsibilities. By posing queries, having discussions and passing motions of no confidence it exerts authority over the executive branch. Parliament examines public finances and approves government spending through its budgetary authorities.

The impeachment of the President and the dismissal of Supreme Court and High Court judges for misbehaviour that has been shown to occur are also decisions made by Parliament. Article 249 stipulates that the Rajya Sabha must pass a resolution declaring that it is necessary in the national interest for the Parliament to legislate on a subject that is on the State List. Moreover, Parliament may temporarily centralize legislative authority by passing laws on any topic including those on the State List in the event of a national emergency (Article 352).

Limitations on Parliamentary Sovereignty in India

Parliamentary sovereignty in India is shaped and limited by various provisions within the Constitution. These provisions ensure that Parliament operates within a framework that respects the supremacy of the Constitution, protects fundamental rights and maintains a balance of power through judicial oversight.

• Article 13 : Judicial Review of Laws
  By establishing the idea of judicial review Article 13 of the Indian Constitution significantly contributes to the limitation of parliamentary sovereignty. This article states that any laws passed by Parliament or other bodies that conflict with the fundamental rights guaranteed by the Constitution are void. This gives the judiciary the authority to evaluate and overturn any laws that violate these fundamental rights. Article 13 guarantees that all laws made by Parliament are consistent with the fundamental principles of the Constitution by accomplishing this. By ensuring that Parliament stays within the established constitutional bounds, the judiciary safeguards the Constitution in this way.
   
• Article 14 : Equality Before the Law
  The Indian Constitution's Article 14 guarantees everyone's equality before the law and stating that no one is above the law and that everyone must be treated fairly in the legal system. This clause serves as a defence against legislation by Parliament that discriminates. A bill passed by Parliament that contravenes the equality principle may be challenged in court and declared unconstitutional. Therefore, by guaranteeing that all legislative activities adhere to the ideals of fairness and justice Article 14 limits the authority of Parliament to pass laws that unjustly discriminate against any individual or group.
   
• Article 368 : Power to Amend the Constitution
  Article 368 grants Parliament the authority to amend the Constitution and allow for flexibility and adaptability. But this power is not unchecked. The process for amending the Constitution is deliberately rigorous which requires a specific procedure to be followed which often includes a two-thirds majority in both Houses of Parliament. This procedural requirement ensures that amendments are carefully considered and debated and prevent hasty or ill-considered changes to the Constitution. Additionally, the Basic Structure Doctrine established by the Supreme Court limits Parliament's power under Article 368 by prohibiting amendments that would alter the fundamental structure of the Constitution.

Case Analysis
Despite its importance India's parliamentary sovereignty is constrained by a number of constitutional provisions. The parameters of parliamentary sovereignty have been defined and shaped by a number of significant Supreme Court decisions while guaranteeing that the legislative powers of Parliament are used within the bounds of the constitution.

A key case that significantly influenced parliamentary sovereignty in India is Kesavananda Bharati v. State of Kerala[1]. This case is notable for introducing the Basic Structure Doctrine which transformed the interpretation of parliamentary powers in India. The Supreme Court determined that while Parliament has the authority to amend the Constitution as provided under Article 368, it cannot alter or dismantle the "basic structure" of the Constitution.

This doctrine was a reaction to earlier rulings such as in Golaknath v. State of Punjab[2] where the Court had declared that Parliament lacked the power to amend Fundamental Rights. The Kesavananda Bharati judgment clarified that although Parliament has broad powers to amend the Constitution these powers are subject to limits. Essential elements like the rule of law, the separation of powers and judicial independence must remain intact thereby imposing a significant check on the scope of parliamentary sovereignty.

Another important case is Indira Nehru Gandhi v. Raj Narain[3] where the Supreme Court applied the Basic Structure Doctrine to strike down an amendment that sought to make the Prime Minister's election immune from judicial review. The Court ruled that such an amendment violated the principles of free and fair elections which are part of the Constitution's basic structure. This case reaffirmed the idea that even constitutional amendments passed by Parliament are subject to judicial scrutiny if they threaten the basic framework of the Constitution.

Conclusion
In conclusion the concept of parliamentary sovereignty while fundamental to India's governance operates within a framework of constitutional limitations designed to maintain the rule of law and protect individual rights. Unlike in the UK where Parliament's powers are virtually unrestricted Indian parliamentary sovereignty is bound by the provisions of the Constitution which serves as the supreme law.

Key constitutional articles such as Article 13 on judicial review, Article 14 on equality before the law and Article 368 on constitutional amendments impose crucial checks on the legislative powers of Parliament. These provisions ensure that the laws passed by Parliament must adhere to the core principles of justice, equality and the fundamental structure of the Constitution.


End Notes:

1. Kesavananda Bharati v. State of Kerala (1973) 4 SCC 225
2. Golaknath v. State of Punjab 1967 AIR 1643
3. Indira Nehru Gandhi v. Raj Narain

Award Winning Article Is Written By: Ms.Vageesha Kumre, Advocate Delhi High Court

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