Subject: Indian Polity

Parliamentary sovereignty is a fundamental concept shaping governance structures in both British and Indian constitutional systems. While both nations share common parliamentary heritage, their approaches to legislative supremacy differ significantly due to their unique historical contexts and constitutional frameworks.

Key Differences in Parliamentary Sovereignty

• Constitutional Framework:

  • British System: Follows doctrine of absolute parliamentary sovereignty with no written constitution limiting Parliament's power.
  • Indian System: Parliament's powers are limited by the written Constitution and subject to judicial review under Article 13.

• Judicial Review:

  • British Approach: Courts cannot invalidate primary legislation passed by Parliament.
  • Indian Approach: Supreme Court can strike down laws violating constitutional provisions through Article 32 and Article 226.

Basic Structure Doctrine

• Indian Context:
  • Established through the landmark Kesavananda Bharati case (1973).
  • Parliament cannot amend the Constitution's basic features.
  • Further reinforced in Minerva Mills case (1980) limiting Parliament's amending powers.

Federal Considerations

• British System:

  • Unitary structure with absolute sovereignty of Westminster Parliament.
  • Regional assemblies derive authority from Parliament.

• Indian System:

  • Federal structure with division of powers between Centre and States.
  • Article 254(2) governs relationship between central and state legislation.
  • Supreme Court emphasizes maintaining clear legislative power division.

Checks and Balances

• British Model:

  • Relies on constitutional conventions and political accountability.
  • Parliament can theoretically alter any law without legal restrictions.

• Indian Model:

  • Multiple institutional checks through separation of powers.
  • Fundamental Rights act as limitations on parliamentary power.
  • Basic structure doctrine ensures constitutional integrity.

The Indian approach to parliamentary sovereignty represents a unique adaptation of the British model, modified to suit a federal democratic republic with constitutional supremacy. While the British Parliament enjoys absolute sovereignty, the Indian Parliament's powers are circumscribed by constitutional provisions, judicial review, and the basic structure doctrine, ensuring a balanced governance framework.