What is parliamentary sovereignty in India
Parliamentary sovereignty in India is a constitutional precept that gives the Indian Parliament ultimate legislative power. This idea, which comes from the British parliamentary system, emphasizes the Indian Parliament's unrestricted legislative authority to enact, amend, or repeal laws without facing court scrutiny.
The Indian
Constitution does not use the term "parliamentary sovereignty"
specifically, but it is implied by a number of its clauses and judicial
rulings. According to the doctrine, any law passed by Parliament has the power
to become operative immediately upon its enactment, superseding any conflicting
provisions in other laws as well as past legislation and court rulings.
What is parliamentary sovereignty in India-When the Indian Constitution was being drafted in the middle of the 20th century, British constitutional principles had a significant influence. This is where India's parliamentary sovereignty originated. The British parliamentary system served as an inspiration for the Constitution's drafters, who aimed to establish a strong and functional parliamentary democracy in India.
As a result, the Indian
Parliament became the main body responsible for enacting laws in the nation
when the Constitution gave it broad legislative authority. The Constitution's
Article 245 expressly gives Parliament the authority to enact laws for the
entirety of India's territory or any specific region.
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Furthermore, the Seventh Schedule,
which is outlined in Article 246 of the Constitution, establishes the division
of legislative authority between the State Legislatures and the Parliament.
Only Parliament can enact laws on the subjects listed in the Union List; State
Legislatures can only enact laws on the subjects listed in the State List; and
both houses can enact laws on the subjects listed in the Concurrent List.
Although the Concurrent List suggests shared legislative authority, the central
law takes precedence over state laws when they clash over concurrent subjects.
What is parliamentary sovereignty in India-The concept of parliamentary
sovereignty in India is also evident in Article 13, which outlines the doctrine
of judicial review. However, it comes with a crucial limitation – Article 13,
Clause (2), asserts that the state shall not make any law that takes away or
abridges the rights conferred by Part III (Fundamental Rights) and any law made
in contravention of this clause shall be void. The Supreme Court of India, in
the landmark case of Kesavananda Bharati v. State of Kerala (1973), established
the basic structure doctrine, asserting that while Parliament has the power to
amend the Constitution, it cannot alter its basic structure. This judicially
imposed limitation represents a unique Indian adaptation of the doctrine of
parliamentary sovereignty, recognizing the supremacy of the Constitution.
Despite the absence of an explicit
provision articulating the doctrine of parliamentary sovereignty, its
application is evident in the constitutional scheme. The Parliament's
legislative authority is extensive, and its powers are broad, enabling it to
legislate on a wide array of subjects. However, the framers of the Constitution
also incorporated checks and balances to prevent potential abuse of power. The
judicial review, the fundamental rights chapter, and the basic structure
doctrine are mechanisms that ensure that parliamentary sovereignty does not
undermine the core principles and values enshrined in the Constitution.
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While parliamentary sovereignty is
a fundamental feature of the Indian constitutional framework, it is crucial to
recognize the coexistence of other constitutional principles that temper its
absoluteness. India's federal structure, as reflected in the distribution of
powers between the Union and the States, introduces an element of
decentralization that limits the reach of parliamentary sovereignty.
Additionally, the Constitution establishes an independent judiciary entrusted
with the authority of judicial review, ensuring that parliamentary enactments
do not violate the constitutional framework.
What is parliamentary sovereignty in India-In the intricate balance between
parliamentary sovereignty and constitutional limitations, the judiciary plays a
pivotal role in interpreting and safeguarding the constitutional principles.
The Supreme Court's power of judicial review allows it to scrutinize the
constitutionality of legislative acts, ensuring that they conform to the principles
enshrined in the Constitution. Through a series of landmark judgments, the
judiciary has asserted its authority to strike down laws that violate
fundamental rights or undermine the basic structure of the Constitution,
thereby affirming its role as a check on parliamentary sovereignty.
One notable example of judicial
intervention to uphold constitutional principles is the Golak Nath v. State of
Punjab case (1967), where the Supreme Court held that Parliament cannot amend
fundamental rights. This decision, however, was subsequently overruled by the
court in the Kesavananda Bharati case, which introduced the concept of the
basic structure doctrine. The judiciary, while acknowledging the supremacy of
Parliament, established certain inviolable principles that form the bedrock of
the constitutional order. The basic structure doctrine implies that
parliamentary sovereignty is not absolute and must operate within the bounds of
the essential features of the Constitution.
The tension between parliamentary
sovereignty and constitutional limitations is an inherent characteristic of the
Indian constitutional system. The Constitution, as the supreme law of the land,
shapes the contours of parliamentary authority and establishes the framework
within which legislation must operate. While Parliament has the primary role in
law-making, its powers are circumscribed by the principles articulated in the
Constitution, particularly those related to fundamental rights and the basic
structure.
In recent years, debates surrounding
parliamentary sovereignty in India have gained renewed significance,
particularly in the context of constitutional amendments and legislative
initiatives that impact the rights and autonomy of states. The application of
Article 370 in the abrogation of special status to Jammu and Kashmir, the
enactment of the Citizenship Amendment Act (CAA), and the farm laws have
sparked discussions on the extent of parliamentary authority and the need to
balance it with constitutional principles.
The Citizenship Amendment Act, for
example, prompted concerns about its conformity with the constitutional
guarantee of equality and secularism. Proponents argued that Parliament has the
authority to make laws concerning citizenship, while critics raised questions
about its potential impact on the basic structure, particularly the principle
of secularism. The judicial review of such legislation becomes crucial in
determining whether parliamentary sovereignty has been exercised within the
constitutional framework.
Similarly, the farm laws led to
protests from farmers and raised questions about the federal structure of
India's polity. The contention between the central government's laws and the
concerns raised by state governments highlighted the need to reconcile
parliamentary authority with the principles of federalism enshrined in the
Constitution. Judicial review becomes instrumental in adjudicating these
conflicts and ensuring that the exercise of parliamentary sovereignty is
consistent with constitutional values.
Conclusion
The concept of parliamentary
sovereignty in India represents a fundamental aspect of the country's
constitutional framework, granting the Parliament supreme legislative
authority. Rooted in the British parliamentary system, this principle is
implicit in the Indian Constitution, conferring extensive powers upon the
Parliament to enact laws. However, the exercise of parliamentary sovereignty is
not absolute, and it operates within the constitutional constraints and
safeguards established by the framers of the Constitution.
The delicate balance between
parliamentary sovereignty and constitutional limitations is a defining
characteristic of the Indian constitutional system. While the Parliament holds
primary authority in law-making, this authority is circumscribed by the
principles articulated in the Constitution. The judiciary, through the power of
judicial review and the assertion of the basic structure doctrine, acts as a
check on potential excesses of parliamentary authority, ensuring that
legislative actions align with the core values and principles enshrined in the
Constitution.
The evolution of parliamentary
sovereignty in India has been marked by key legal precedents, constitutional
amendments, and ongoing debates on the scope of legislative powers. Recent
legislative initiatives, such as the Citizenship Amendment Act and the farm
laws, have brought these debates to the forefront, emphasizing the need for a
nuanced understanding of the interplay between parliamentary authority and
constitutional principles.
As India continues to grapple with
diverse challenges and navigate its dynamic political landscape, the
relationship between parliamentary sovereignty and constitutional limitations
will remain a central theme. The judiciary's role in interpreting the Constitution
and safeguarding its fundamental tenets becomes crucial in ensuring that the
exercise of parliamentary authority aligns with democratic values, individual
rights, and the foundational principles that underpin the Indian constitutional
order.
In the years to come, the concept
of parliamentary sovereignty in India will likely be subject to continued
scrutiny, adaptation, and interpretation. The evolving nature of constitutional
jurisprudence, societal changes, and emerging legal issues will contribute to
shaping the contours of parliamentary authority within the broader
constitutional framework. The delicate balance between the autonomy of the
Parliament and the protection of constitutional principles will remain a
dynamic and essential aspect of India's democratic governance. As the nation
progresses, the ongoing dialogue and engagement between the legislative and
judicial branches will be instrumental in defining the parameters within which
parliamentary sovereignty operates, ensuring that it remains a force for
positive democratic governance and constitutional integrity.
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