In India, parliamentary sovereignty refers to the supreme legislative authority vested in the Parliament of India, as established by the Constitution of India. While the concept shares similarities with its counterpart in the United Kingdom, there are distinct features and limitations that characterize parliamentary sovereignty in the Indian context.
Constitutional Framework
Parliamentary sovereignty in India is enshrined within the framework of the Constitution of India, which serves as the supreme law of the land. Article 245 of the Constitution confers upon Parliament the exclusive power to make laws for the entire territory of India, subject to the provisions of the Constitution.
Limited Sovereignty
Unlike the absolute parliamentary sovereignty recognized in the United Kingdom, parliamentary sovereignty in India is subject to certain limitations imposed by the Constitution itself. The Constitution delineates the distribution of legislative powers between the Union Parliament and the state legislatures through the Seventh Schedule, thereby placing constraints on the legislative authority of Parliament.
Federal Structure
India follows a federal system of governance, wherein legislative powers are divided between the Union Parliament and the state legislatures. While Parliament has the authority to legislate on matters enumerated in the Union List, the state legislatures have jurisdiction over matters listed in the State List. Concurrent List subjects are within the purview of both Parliament and the state legislatures, but in case of a conflict, the law made by Parliament prevails.
Judicial Review
One of the key features of parliamentary sovereignty in India is the principle of judicial review, which allows the judiciary to review the constitutionality of laws enacted by Parliament. The Supreme Court of India, as the guardian of the Constitution, has the authority to strike down laws that are inconsistent with the provisions of the Constitution, including fundamental rights.
Constitutional Amendments
While Parliament possesses the authority to amend the Constitution under Article 368, parliamentary sovereignty in India is not absolute in this regard. The Supreme Court has upheld the doctrine of basic structure, which asserts that certain fundamental features of the Constitution are beyond the amending power of Parliament. This serves as a check on parliamentary sovereignty, preventing Parliament from altering the basic structure of the Constitution.
In conclusion, parliamentary sovereignty in India is a foundational principle of the constitutional framework, vesting supreme legislative authority in the Parliament of India. However, this sovereignty is not absolute and is subject to limitations imposed by the Constitution, the federal structure of governance, and the doctrine of basic structure upheld by the judiciary.
