Sovereignty of Parliament in India
There is debate regarding question that what is the level of sovereignty enjoyed by the Parliament of India?
Unlike British Parliament , Indian Parliament is not supreme (sovereignty lies with people) . It has following limits on its sovereignty.
1 . Written Constitution
- Parliament had to operate within the limits prescribed by the Constitution
- In Britain – Constitution is not written & there is nothing like fundamental law of the land
2. Federal System of Government
- Division of sovereignty between Center and States
- In Britain – Unitary government & all powers with the center
3. System of Judicial Review
- Adoption of Independent judiciary with power of the Judicial Review restricts the supremacy of the parliament
4. Fundamental Rights
- Article 13 prohibits State from making a law that either takes away totally or abrogates in part a Fundamental Right
- Britain – no codification of justiciable Fundamental Rights in constitution
In this regard , Indian Parliament is similar to the American legislature . But Indian Constitution is more sovereign than US Constitution because in India there is Procedure Established by Law unlike US where there is Due Process of Law