Q. Compare and contrast the British and Indian approaches to Parliamentary sovereignty. (10 marks) - UPSC Mains 2023
Introduction:
Parliamentary sovereignty refers to the supremacy of Parliament in the legislative process. While both the UK and India have strong parliamentary systems, the British model reflects absolute sovereignty, whereas India’s parliamentary sovereignty is limited by the Constitution.
Body:
| Point of Comparison | British Parliament | Indian Parliament |
|---|---|---|
| Nature of Constitution | Unwritten and flexible; Parliament is supreme. | Written and supreme Constitution limits parliamentary powers. |
| Sovereignty | Parliament is sovereign — can make, amend or repeal any law. | Parliament is not sovereign — laws must conform to the Constitution. |
| Role of Judiciary | Courts cannot declare Acts of Parliament unconstitutional. | Supreme Court can strike down parliamentary laws violating the Constitution (Judicial Review). |
| Amendment Powers | No distinction between ordinary law and constitutional law. | Special procedure for constitutional amendments under Article 368. |
| Fundamental Rights | No codified fundamental rights; Parliament can restrict rights freely. | Fundamental Rights are justiciable and cannot be violated even by Parliament (e.g., Kesavananda Bharati case). |
| Federalism | Unitary with devolved powers (e.g., Scotland, Wales). | Federal in structure; Parliament has limited powers in state subjects (except in special circumstances). |
Despite their differences, there are some similarities between the Indian and British approaches to parliamentary sovereignty:
-
Supremacy in Law-making (within limits):
In both systems, the Parliament is the primary law-making body. It can legislate on a wide range of subjects affecting the people. -
Representative Character:
Both Parliaments are democratically elected and reflect the will of the people, giving legitimacy to their law-making powers. -
Control over the Executive:
In both India and the UK, the executive is accountable to Parliament. This is a core principle of the parliamentary form of government. -
Power to Amend Laws:
Both Parliaments can amend existing laws. However, in India, constitutional amendments require a special procedure under Article 368. -
Parliament as a Forum for Debate:
In both countries, Parliament serves as a forum for public debate, policy scrutiny, and discussion on national issues.
Conclusion:
The British Parliament reflects the idea of absolute parliamentary sovereignty, whereas the Indian Parliament functions within the framework of constitutional supremacy and checks and balances. This ensures a balance between democratic will and constitutional morality in the Indian context.
