• PARLIAMENTARY SOVEREIGNTY

UNIT 9 – THE PARLIAMENT – PART 10

Parliamentary Sovereignty

Sovereignty is the power of any governing authority to function without outside interferences. ‘Parliamentary Sovereignty’ means the power of the legislature to function without the interferences of the executive and the judiciary. The laws enacted by the legislature cannot be tested for its constitutional validity in any court of law. The Parliament is free to enact, amend and repeal constitutional laws. In India, the Parliament is not a sovereign body. The laws enacted by it can be declared void by the judiciary if it finds them unconstitutional. The power of the Parliament to amend the constitution is also limited as the amendments should not affect the basic structure of the constitution.

The following are the factors that limit the sovereignty of Indian Parliament.

  1. Written Constitution: The written nature of the Indian constitution makes it rigid to amendments. An extensive procedure is prescribed in the constitution itself for amending its provisions.
  2. Fundamental Rights: The scope of the Parliament to amend the constitution is heavily limited by the codification of fundamental rights under Part III of the constitution. Any law violating these rights will be declared void.
  3. Judicial Review: Both the Supreme Court and the High Courts can declare the laws enacted by the Parliament as unconstitutional and void if they violate the provisions of constitution.
  4. Federal System of Government: The law making authority is not exclusive to the Parliament. The State legislatures can also enact laws within their legal and territorial jurisdiction.
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