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:
- Kesavananda Bharati v. State of Kerala (1973) 4 SCC 225
- Golaknath v. State of Punjab 1967 AIR 1643
- Indira Nehru Gandhi v. Raj Narain
Award Winning Article Is Written By: Ms.Vageesha Kumre, Advocate Delhi High Court
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