Cecily Zamora
The Indian Parliament is the supreme legislative body of India, but it is not a sovereign body in the same sense as the British Parliament. While the Indian Parliament has the power to make laws for the country, its authority and jurisdiction are defined, limited, and restrained by the Indian Constitution, which is the supreme legal authority. The Constitution grants all citizens Fundamental Rights and empowers the independent judiciary to invalidate legislation or government actions that violate it. The Indian Parliament is subject to judicial review, and its laws can be declared null and void by the Judiciary if they are found to be unconstitutional. This balance between parliamentary sovereignty and constitutional supremacy ensures a stable democracy in India.
| Characteristics | Values |
|---|---|
| Parliamentary sovereignty | The Indian Parliament is not a sovereign body in the sense that the British Parliament is |
| Legislative body | The Indian Parliament is the supreme legislative body of India |
| Composition | The President and the two Houses - Rajya Sabha (Council of States) and Lok Sabha (House of the People) |
| Powers | The power to amend the Constitution is limited by the Constitution itself; the President must sign a measure into law after it has been introduced in one of the two houses of Parliament and passed by a majority vote |
| Judicial review | The Judiciary can review laws made by Parliament and declare them null and void if they violate the Constitution |
| Checks and balances | The Constitution is sovereign and balances the powers of Parliament through checks and balances, including presidential vetoes and judicial oversight |
| Separation of powers | There is a limited doctrine of separation of powers; the judiciary can prevent the legislature from encroaching into the functions of other organs |
| Judicial conduct | The Constitution bars discussion of the conduct of judges in the Supreme Court or High Court |
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What You'll Learn
The Indian Parliament is not a sovereign body
The Indian Parliament is the supreme legislative body of India, comprising the President and two Houses: the Rajya Sabha (Council of States) and the Lok Sabha (House of the People). While this may suggest parliamentary sovereignty, the Indian Parliament is not a sovereign body in the same sense as the British Parliament.
Parliamentary sovereignty, or legislative supremacy, is a concept in constitutional law that grants the legislative body absolute power over all other government institutions, including executive and judicial bodies. This means that the parliament may change or repeal any previous legislation and is not bound by any written law or even, in some cases, a constitution. The UK Parliament, for example, has the freedom to alter or abolish its constitution.
In contrast, the Indian Constitution, which came into force on January 26, 1950, serves as a check on the Indian Parliament's power. The Indian Constitution is written, immediately setting limitations on all organs of the state, including Parliament. While Parliament can amend the Constitution, it cannot supersede this written document. The Supreme Court of India has affirmed that the Constitution applies equally to the Judicial, Executive, and Legislative Branches.
The Indian Judiciary, independent of the other branches, serves as a further check on Parliament's power. The Judiciary can review laws made by Parliament and declare them null and void if they violate the Constitution. This power of judicial review, absent in the UK, means that the Indian Parliament is not sovereign, as its authority and jurisdiction are defined, limited, and restrained by the Constitution and the Judiciary.
Additionally, the Indian Parliament's sovereignty is limited by the President's veto powers. A bill cannot become law without presidential assent, and the President can exercise various veto powers, such as a pocket veto, to limit Parliament's sovereignty.
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The Indian Constitution limits Parliament's authority
The Indian Constitution, which came into force on 26 January 1950, is the supreme legal document of India. It lays down the framework for the fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens. The Constitution is written, and in it are defined the authority and jurisdiction of all three organs of the Union Government, including the Indian Parliament.
The Indian Parliament is the supreme legislative body of India and comprises the President and two Houses: the Rajya Sabha (Council of States) and the Lok Sabha (House of the People). The President has the power to summon and prorogue either House of Parliament or to dissolve the Lok Sabha.
The Indian Constitution differs from the British Constitution in that it adopts a more nuanced approach, balancing Parliamentary Sovereignty with constitutional supremacy and judicial oversight. The Indian Parliament is not a sovereign body because its authority and jurisdiction are defined, limited, and restrained by various factors outlined in the Constitution.
The Constitution does not contain all the laws that govern the country; instead, it provides a general framework for making laws, within which Parliament functions. While Parliament has the power to amend the Constitution, the Supreme Court has acted as a check on Parliament's legislative powers since independence. The Supreme Court ruled in the Kesavananda Bharati case in 1973 that Parliament could not distort, damage, or alter the basic features of the Constitution under the pretext of amending it.
The Indian Constitution also includes a code of justiciable fundamental rights that restrict Parliament's authority. Article 13 prohibits the State from making a law that takes away or abrogates a fundamental right. Additionally, the Constitution's federal system of government divides power between the Union and the states, limiting Parliament's authority to its designated sphere.
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The Judiciary can review laws and declare them null and void
The Indian Constitution has defined the authority and jurisdiction of all three organs of the Union Government, including the Parliament, the executive, and the judiciary. While Parliament is the supreme legislative body of India, it is not a sovereign body in the same sense as the British Parliament. The Indian Parliament's authority and jurisdiction are defined, limited, and restrained by various factors, including the Constitution and the judiciary.
The judiciary in India has the power to review laws made by Parliament and declare them null and void if they violate the Constitution. This power of judicial review is a fundamental feature of Indian democracy, serving as a check and balance on the power of the other organs of the government. The judiciary can examine the constitutionality of legislative enactments and executive orders of both the Central and State governments. This means that the judiciary ensures that laws and orders do not contravene or infringe upon the fundamental rights and freedoms guaranteed under the Constitution.
The Supreme Court and the High Courts have the power to invalidate any law, ordinance, order, bye-law, rule, regulation, notification, custom, or usage that has the force of law and is incompatible with the terms of the Constitution. This power of judicial review is derived from various articles of the Constitution, including Articles 13, 21, 32, 131-136, 143, 226, 145, 246, 251, 254, 372.
The judiciary's power to review laws and declare them null and void is not unlimited, however. There are certain limitations on the exercise of this power, and when the judiciary oversteps its boundaries and intrudes into matters authorised by the executive, it is termed judicial activism or judicial overreach. Additionally, the Indian Parliament can amend the Constitution, and while the judiciary can review these amendments, it cannot invalidate them for infringing on Fundamental Rights.
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The President can veto a bill
The President of India has three types of veto powers: absolute, suspensive, and pocket. These powers are outlined in Article 111 of the Indian Constitution. The President's ability to veto legislation acts as a check on Parliament, ensuring that laws align with the broader interests of the nation and uphold constitutional integrity. This is a crucial mechanism that balances authority and accountability.
The absolute veto allows the President to completely reject a bill. When the President exercises this power, the bill ends and does not become an Act, even if it has been passed by Parliament. The President may use this veto in the case of a Private Member Bill or when the cabinet resigns before the President can give assent to the bill.
The suspensive veto allows the President to return a bill to Parliament for reconsideration. If Parliament passes the bill again, with or without amendments, and presents it to the President, the President must give assent to the bill. This type of veto is not applicable to Money Bills.
The pocket veto allows the President to take no action on a bill indefinitely, neither signing nor returning it, effectively allowing it to lapse. There is no time limit prescribed by the Constitution for the President to make a decision regarding a bill presented for assent.
It is important to note that the President's veto power is not absolute. For example, if the President withholds assent on a bill, it can still become law if it is reintroduced and passed again by a two-thirds majority in both houses of Parliament.
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The Indian Parliament is the supreme legislative body
Parliamentary sovereignty, or the idea that the legislative body has absolute power over all other government institutions, is a concept in constitutional law that applies in some parliamentary democracies. It suggests that the legislature may change or repeal any previous legislation and is not bound by any written law, including the constitution.
However, India has adopted a nuanced approach that balances parliamentary sovereignty with constitutional supremacy and judicial oversight. The Indian Constitution puts limitations on all organs of the state, including Parliament. While Parliament can amend the Constitution, it cannot supersede the written document. The Judiciary, which is independent, can review laws made by Parliament and declare them null and void if they violate the Constitution. This system of judicial review acts as a check on Parliament's power and ensures that laws are in accordance with the Constitution.
Additionally, the President of India has the power to summon and prorogue either House of Parliament or to dissolve the Lok Sabha. A bill cannot become law without presidential assent, and the President can exercise veto powers as a further limitation on parliamentary sovereignty. The Indian Parliament is also subject to other factors that define, limit, and restrain its authority and jurisdiction, as outlined in the Indian Constitution.
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Frequently asked questions
No, the Indian Parliament is not a sovereign body. The authority and jurisdiction of the Indian Parliament are defined, limited, and restrained by various factors, including the Constitution.
Parliamentary sovereignty is a concept in the constitutional law of some parliamentary democracies. It holds that the legislative body has absolute sovereignty and is supreme over all other government institutions, including executive or judicial bodies.
The Indian Constitution, which came into force on January 26, 1950, establishes India as a 'Sovereign Socialist Secular Democratic Republic' with a Parliamentary form of Government. The Constitution grants all citizens Fundamental Rights and empowers Parliament and the Legislatures of States and Union Territories to enact statutes.
The Indian Constitution defines the authority and jurisdiction of all three organs of the Union Government, including the Indian Parliament. The Constitution also empowers the independent judiciary to invalidate legislation or government actions that violate it.
