Parliamentary Sovereignty In India

Parliamentary sovereignty is a cornerstone of India's governance, reflecting the supreme authority of Parliament to make, amend, and repeal laws within the constitutional framework. As the heart of the parliamentary system, it empowers elected representatives to legislate for the nation while balancing the rights of citizens and the rule of law. While Parliament's legislative powers are extensive, they are not absolute, as the judiciary and the Constitution place limitations on parliamentary sovereignty to ensure justice and equity. This blog explores the nuances of parliamentary sovereignty in India, its legislative powers, practical examples, and the limitations that uphold the democratic spirit.

Constitutional Framework Of Parliamentary Sovereignty

India’s parliamentary sovereignty operates within the confines of its Constitution, a written document that is the supreme law of the land. This distinguishes India from the United Kingdom, where Parliament’s authority is unrestricted due to the absence of a codified constitution.

Parliamentary System in India

India follows a Westminster-style parliamentary system, wherein the Parliament consists of:

a. Lok Sabha (House of the People) - The lower house, directly elected by the people.

b. Rajya Sabha (Council of States) - The upper house, representing states and union territories.

c. President of India - Integral to the legislative process, as no bill becomes law without the President’s assent.

Parliament’s Legislative Powers

Under the Constitution, Parliament has the authority to legislate on matters enumerated in:

a. Union List (Schedule VII) - Subjects under the exclusive jurisdiction of the central government.

b. Concurrent List - Subjects on which both Parliament and state legislatures can legislate, with Parliament prevailing in case of conflict.

c. Residual Powers - Matters not listed in any schedule fall within Parliament’s jurisdiction.

Extent Of Parliamentary Sovereignty

Supremacy in Law-Making

The Indian Parliament has extensive powers to enact laws. It can legislate on subjects of national importance and even override state legislatures under certain conditions, such as during a proclamation of emergency (Article 250).

Amendment of the Constitution

Under Article 368, Parliament has the power to amend the Constitution, including its fundamental provisions.

Notable amendments that exemplify parliamentary sovereignty include the 42nd Amendment (1976), which sought to expand Parliament's powers, and the 73rd and 74th Amendments, which decentralized governance.

Role in Emergencies

During a national emergency (Article 352), state legislatures' powers are significantly curtailed, and Parliament assumes legislative authority over the states.

Limitations On Parliamentary Sovereignty

While Parliament enjoys broad powers, it is not omnipotent. The Constitution imposes explicit and implicit checks on its authority, ensuring a balance between legislative supremacy and constitutional sanctity.

Judicial Review

Under Articles 32 and 226, the Supreme Court and High Courts have the power to review and strike down parliamentary laws that violate the Constitution.

Landmark cases -

a. Kesavananda Bharati v. State of Kerala (1973) - Established the Basic Structure Doctrine, limiting Parliament’s power to amend the Constitution.

b. Minerva Mills v. Union of India (1980) - Reinforced that parliamentary amendments cannot destroy the Constitution’s basic structure.

Fundamental Rights

Laws infringing on fundamental rights (Articles 12-35) are subject to judicial scrutiny. For example, the Right to Equality (Article 14) and Right to Life (Article 21) serve as constraints on arbitrary legislation.

In Maneka Gandhi v. Union of India (1978), the Supreme Court held that laws must not violate the principles of fairness and due process.

Federal Structure

India’s quasi-federal structure imposes limits on Parliament's sovereignty -

States have exclusive legislative competence over subjects in the State List.

Article 246 ensures a clear demarcation of legislative powers between Parliament and state legislatures.

President’s Role

The President can return a bill for reconsideration (except money bills), thereby imposing a procedural check on parliamentary authority.

Parliamentary Sovereignty vs. Constitutional Supremacy

India’s governance model strikes a delicate balance between parliamentary sovereignty and constitutional supremacy.

British Influence

In the UK, Parliament is supreme and can enact or repeal any law without judicial interference. In contrast, the Indian Parliament operates within a constitutional framework, which is considered the supreme legal authority.

Role of the Judiciary

Unlike in the UK, where courts cannot challenge parliamentary laws, Indian courts play an active role in ensuring that Parliament operates within constitutional limits.

Amendability

While Parliament can amend the Constitution, such amendments are subject to judicial review to ensure compliance with the basic structure doctrine. This reflects a hybrid model combining elements of parliamentary sovereignty with constitutional supremacy.

Key Examples Of Parliamentary Sovereignty In Action

Explore significant instances where parliamentary sovereignty has shaped India's legislative landscape, demonstrating its authority and impact on national governance.

42nd Constitutional Amendment

The 42nd Amendment often termed the “Mini-Constitution,” expanded Parliament's powers significantly by:

a. Curtailing judicial review.

b. Declaring the primacy of Directive Principles over Fundamental Rights.

c. Expanding the scope of emergency provisions.

While it exemplified parliamentary sovereignty, parts of the amendment were later struck down in Minerva Mills v. Union of India.

Farm Laws and Repeal

The enactment and subsequent repeal of the controversial farm laws in 2020-2021 demonstrate the breadth of Parliament’s legislative powers and its responsiveness to public dissent.

Citizenship Amendment Act (CAA), 2019

The CAA, which altered the criteria for granting citizenship, underscores Parliament's authority to legislate on sensitive national issues, though it remains subject to judicial scrutiny for alleged constitutional violations.

Impact Of Parliamentary Sovereignty On Governance

Parliament’s sovereignty profoundly influences governance in India, shaping public policy and addressing national challenges.

Dynamic Law-Making

Parliament’s ability to enact and amend laws ensures that the legal framework evolves with changing socio-economic realities. For example -

a. GST (Goods and Services Tax) reform unified indirect taxation across the country.

b. The Insolvency and Bankruptcy Code (IBC) streamlined corporate insolvency resolution.

Check on Executive Power

Parliamentary sovereignty ensures that the executive remains accountable through mechanisms such as:

a. Question Hour and debates.

b. Parliamentary committees.

Public Representation

As the directly elected representative body, Parliament reflects public opinion, lending legitimacy to its sovereign role.

Challenges To Parliamentary Sovereignty

Despite its extensive powers, parliamentary sovereignty faces several challenges in practice.

Judicial Activism

The judiciary’s proactive role in interpreting constitutional principles sometimes leads to accusations of encroaching on legislative functions. For instance, the striking down of the NJAC (National Judicial Appointments Commission) Act highlighted tensions between the judiciary and Parliament.

Coalition Politics

In coalition governments, political compromises may dilute Parliament's legislative effectiveness, constraining its sovereign function.

Public Perception

Allegations of hasty law-making and insufficient debate on critical issues erode public confidence in Parliament’s sovereignty. Recent examples include the hurried passage of farm laws without adequate parliamentary discussion.

Federal Conflicts

Central laws perceived as infringing on state autonomy (e.g., the abrogation of Article 370) often face resistance, challenging the practical scope of parliamentary sovereignty.

Conclusion

Parliamentary sovereignty in India underscores the democratic essence of the parliamentary system, granting Parliament extensive legislative powers to address the nation’s needs. However, the limitations on parliamentary sovereignty ensure that this authority is exercised within the bounds of the Constitution, preserving the fundamental rights of citizens and safeguarding against arbitrary power. This balance between authority and accountability is vital for sustaining India’s democratic fabric, reinforcing the Parliament’s role as a dynamic and responsible legislative body.

FAQs On Parliamentary Sovereignty In India

These are the most relevant FAQs on the Parliamentary Sovereignty In India.

Q1. What is parliamentary sovereignty in India?

Parliamentary sovereignty in India refers to the supreme authority of Parliament to make, amend, or repeal laws within the framework of the Constitution, reflecting its legislative powers under the parliamentary system.

Q2. How does India’s parliamentary system ensure parliamentary sovereignty?

India’s parliamentary system ensures sovereignty by empowering Parliament as the primary legislative body, while maintaining checks and balances through constitutional limitations and judicial review.

Q3. What are the limitations on parliamentary sovereignty in India?

Limitations on parliamentary sovereignty in India include adherence to the Constitution, respect for fundamental rights, and judicial review to prevent unconstitutional laws or arbitrary actions.

Q4. How does judicial review impact parliamentary sovereignty in India?

Judicial review allows courts to evaluate laws passed by Parliament, ensuring they comply with constitutional provisions and do not violate citizens' fundamental rights, thereby balancing parliamentary sovereignty.

Q5. Can Parliament amend the Constitution under its legislative powers?

Yes, Parliament can amend the Constitution under Article 368, but such amendments must not alter its basic structure, as upheld by the Supreme Court in the Kesavananda Bharati case.