The statement “The Indian Parliament is not a sovereign legislature. It has vast but not unlimited powers” highlights a key distinction between the Indian and British parliamentary systems. While the Indian Parliament is one of the most powerful legislative bodies in the world, its powers are not without limitations. These limitations arise from the Constitution of India, which lays down certain boundaries that the Parliament cannot cross. This sets the Indian Parliament apart from the British Parliament, which is truly sovereign.

The Concept of Sovereignty

Sovereignty refers to the supreme power or authority of a state or legislature to make laws without external interference. A sovereign legislature has the power to legislate on any matter, without being restricted by any higher authority.

• In the UK, the Parliament is considered sovereign. This means it can make or unmake any law on any subject, and no other body, including the courts or the monarch, can overrule its decisions.
• In India, the Parliament, while powerful, operates under the constraints of the Indian Constitution, which serves as the supreme law of the land. Therefore, Indian Parliament is not sovereign in the true sense because it must respect the Constitution.

Limitations on Indian Parliament’s Powers

1. Constitutional Supremacy

• The Indian Parliament derives its powers from the Constitution of India, and it must operate within the framework established by the Constitution.
• Any law made by Parliament that goes against the Constitution can be struck down by the judiciary. For example, in 1973, the Keshavananda Bharti case established the “basic structure” doctrine, which held that certain fundamental principles of the Constitution cannot be altered by Parliament, even through a constitutional amendment.

2. Judicial Review

• The Indian judiciary has the power to review the laws passed by Parliament and declare them unconstitutional if they violate the fundamental rights or the structure of the Constitution.
• The judicial review mechanism is a key safeguard against the abuse of power by Parliament. For instance, if Parliament passes a law that violates citizens’ fundamental rights, the Supreme Court can strike it down, thus limiting Parliament’s power.

3. Division of Powers

• The Indian Constitution divides legislative powers between the Union and the States under the Union List, State List, and Concurrent List. This means that Parliament can only legislate on matters that fall within its jurisdiction (the Union List).
• In areas on the Concurrent List, both Parliament and state legislatures can make laws, but if there is a conflict, Union laws prevail. States also have significant legislative power in their own areas.

4. Fundamental Rights

• The Constitution grants fundamental rights to citizens, which cannot be easily overridden by Parliament. Even though Parliament can amend the Constitution, any such amendment must adhere to the “basic structure” of the Constitution, as discussed above.

5. Limits of Amendments

• While Parliament has the power to amend the Constitution, this power is not unlimited. The basic structure doctrine ensures that amendments cannot alter the core principles of the Constitution. For instance, Parliament cannot alter the federal structure or abolish the system of fundamental rights.

Differences Between the Indian Parliament and the British Parliament

1. Constitutional Constraints:
   • As mentioned, the Indian Parliament is constrained by the Constitution, while the British Parliament has no such restrictions. In the UK, the Parliamentary sovereignty means that Parliament can legislate on any subject and is not bound by a written constitution or judicial review.
2. Judicial Oversight:
   • In India, the judiciary plays a vital role in ensuring that the laws passed by Parliament adhere to the Constitution. In contrast, in the UK, there is no judicial review of legislation, and the courts cannot strike down laws made by Parliament.
3. Federal System vs. Unitary System:
   • India follows a federal system of government, meaning there is a clear division of powers between the central government and the states. The British system, on the other hand, operates as a unitary state, where the central government holds all legislative powers and can delegate authority to local governments but can also revoke it at any time.