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SOVEREIGNTY OF INDIAN PARLIAMENT

Scholars have frequently attempted to draw parallels between the Indian Parliament and the British Parliament. The positions of the two legislatures are fundamentally different. Insofar as there are no legislative constraints on its authority, the British Parliament is regarded a sovereign legislature. Such allegations cannot be made by the Indian Parliament. Because of the following grounds, the Indian Parliament cannot claim to be a sovereign body:

  • The Constitution establishes the country's federal system, with powers divided between the Union and the state governments. The Central Government has the only authority to legislate on the subjects included in the Union List, while the states have the sole authority to legislate on the subjects listed in the State List. Because both the federal government and the states derive their powers from the same source, the Constitution, neither can claim to be superior. In England, on the other hand, all powers are vested in the centre, and units draw their authority from the centre, which also reserves the right to withdraw them at any time.
  • Another constraint on the authority of the Parliament is the written nature of the Indian Constitution. The Constitution vests various authorities in Parliament, which must be exercised within the parameters specified. Without a doubt, the Parliament can legislate under certain conditions. It may operate on the subjects included in the State List, but only within the restrictions set by the Constitution. Parliament does not have the authority to change all of the provisions of the Constitution. Some of the most important articles of the Constitution, such as those relating to the federal character of the Constitution, can only be modified with the permission of the state legislatures.
  • The presence of the Judicial Review Doctrine further limits the authority of the Indian Parliament. The Supreme Court of India has been given the authority to assess the legality of legislation passed by Parliament and to declare them unconstitutional if they violate a provision of the Constitution.
  • The inclusion of a chapter on Fundamental Rights in the Constitution limits Parliament's power as well. While enacting legislation, the Parliament must ensure that it does not infringe on citizens' fundamental rights for fear of being ruled extra vires by the courts.
  • Given the foregoing constraints and restrictions, it is clear that the Indian Parliament cannot claim to be a sovereign body in the same way that the British Parliament does, because the Indian Parliament operates under the principle of constitutionalism, i.e. the doctrine of limited government.

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