WHAT ARE THE LIMITATIONS ON THE SOVEREIGNTY OF THE INDIAN PARLIAMENT? (12 MARKS) (GS2)
In examining the concept of sovereignty of Parliament in India, it's crucial to recognize that India follows a system of constitutional sovereignty rather than parliamentary sovereignty. This means that while the Parliament holds significant power, its authority is not absolute and is subject to various limitations and checks
Written Nature of the Constitution
India’s Constitution as the Supreme Law: The Indian Constitution is the highest legal document in the country, outlining the powers and relationships of its three branches: the legislature, executive, and judiciary.
Legislative Constraints: Parliament must operate within the boundaries set by the Constitution, distinguishing between its legislative and constituent authorities.
Ratification Requirement for Constitutional Amendments: Some constitutional changes necessitate ratification by at least half of the states, unlike in Britain, which lacks a codified constitution.
Federal System of Government
Separation of Powers: India operates under a federal system with a clear separation of powers between the Union and the states.
Legislative Competence: Parliament's authority is limited to subjects listed in the Union and Concurrent Lists, excluding matters under the State List, except in specific circumstances
System of Judicial Review
Role of Judiciary: India's Parliament is subject to judicial review by an independent judiciary.
Invalidating Unconstitutional Laws: If Parliament enacts laws conflicting with the Constitution, courts can declare them null and void.
Limitations on Amending Fundamental Rights
Justiciable Fundamental Rights: The Indian Constitution includes justiciable fundamental rights, protecting citizens' liberties.
Prohibition of Legislation Violating Rights: Article 13 bars Parliament from passing laws that infringe on fundamental rights, ensuring their enforcement.
Limited Amendment Power
Amendment Restrictions: While Parliament can amend most parts of the Constitution, fundamental elements require special majorities and state legislature resolutions.
Checks on Amendment Power: Certain provisions aim to prevent arbitrary changes to the Constitution, ensuring stability and consistency.
Presidential Vetoes
Executive Checks: The President's veto powers, including the pocket veto, act as a check on Parliament's legislative authority.
Requirement for Presidential Approval: Laws passed by Parliament need the President's signature to become effective, adding a layer of executive scrutiny.
Prohibition on Discussing Judges' Conduct
Judicial Independence: Articles 121 and 211 prohibit discussions on judges' conduct in Parliament or state legislatures.
Upholding Judicial Integrity: This restriction preserves the independence and integrity of the judiciary, preventing undue interference from the legislative branch.
In summary, the sovereignty of the Indian Parliament is circumscribed by constitutional, federal, judicial, and procedural constraints, distinguishing it from the concept of absolute parliamentary sovereignty.
