What is Sovereignty of Parliament?, content important for UPSC students

• The Sovereignty of Parliament is the highest legal power of a legislative body to make, amend, or repeal laws without executive interference. 

• The doctrine is best identified with the British Parliament, where it signifies that Parliament has unlimited and absolute power, and no other institution, even the judiciary, can invalidate its laws.

• However, in nations such as India and the USA, parliamentary sovereignty is limited by a written constitution, judicial review, and fundamental rights, so that legislative authority is exercised within the constitutional boundaries or limits.

Salient Features of Parliamentary Sovereignty for UPSC

Some of the major characteristics of the doctrine' of Parliamentary Sovereignty can be seen as follows:

• Supremacy in Law-Making - The Indian Parliament has the sole power to enact, amend, or repeal laws.

  • No other authority can override its legislative authority.

• No Legal Limitations - No law enacted by the Parliament can be invalidated by courts in a system of absolute parliamentary sovereignty (such as in the UK).

  • But in nations such as India, the Indian Constitution restricts this power.

• No Binding on Future Parliaments - No Parliament can restrict or bind future Parliaments from making new laws or changing existing ones. 

  • Every new Parliament has the freedom to legislate as it sees fit.

• Control Over Constitutional Amendments - In many systems, the Indian Parliament has the power to amend the Constitution and hence it is the supreme legal authority. 

  • However, some amendments may require special procedures or judicial review.

• No External Authority Can Override Parliament - A completely sovereign law of the Parliament cannot be superseded by international agreements, judicial orders, or administrative action.

• Irrevocability of Laws Until Repealed - The law after enactment continues in effect until modified or abrogated by the Indian Parliament itself.

  • No external force can nullify it.

Status of Parliamentary Sovereignty in India

• The Indian Constitution framers have opted for a correct blend between the British Principle of Parliamentary Sovereignty and the American Principle of Judicial Supremacy.

• So the Indian Parliament is not a sovereign entity in the same way in which the British Parliament is a sovereign entity.

• The power and jurisdiction of the Indian Parliament are circumscribed, restricted, and regulated by several factors such as the written constitution, judicial review, and more.

Factors Limiting Sovereignty of Parliament

The factors that limit the Sovereignty of the Indian Parliament are explained in detail as follows:

• Written Nature of the Constitution- The Constitution is the fundamental law of the land in our country. 

  • It has defined the authority and jurisdiction of all three organs of the Union government and the nature of the interrelationship between them. 
  • In Britain, on the other hand, the Constitution is neither written nor there is anything like a fundamental law of the land.

• Federal System of Government- India is a federal government with a constitutional division of powers between the Union and the States. Both must function within the spheres allocated to each.

  • Therefore, the legislative power of the Parliament is limited to the matters listed in the Union List and Concurrent List and does not extend to the matters listed in the State List (with the exception of five exceptional situations, and even that for a temporary duration). 

• System of Judicial Review- The adoption of an Independent Judiciary with the power of judicial review also restricts the supremacy of our Parliament.

  • Both the Supreme Court and High Courts can declare the laws enacted by the Parliament as void and ultra vires (unconstitutional) if they contravene any provision of the Constitution. 

• Fundamental Rights- The authority of the Parliament is also restricted by the incorporation of a code of justiciable fundamental rights under Part III of the Constitution. 

  • Article 13 prohibits the State from making a law that either takes away totally or abrogates in part a fundamental right. 

  • Hence, a Parliamentary law that contravenes the fundamental rights shall be void. 

Conclusion

India's Parliament, while powerful, is not absolutely sovereign like the United Kingdom’s. Its authority is limited by the Constitution, judicial review, and fundamental rights, ensuring a balanced governance structure. This system preserves democracy, federalism, and the rule of law, preventing legislative overreach.