Introduction

The Indian Parliament is the supreme legislative body in India, responsible for making laws. However, unlike parliaments in countries like the United Kingdom, the Indian Parliament is considered non-sovereign due to various legal and constitutional limitations.

Reasons for Limited Sovereignty

1. Constitutional Supremacy

• The Indian Parliament operates within the bounds of the Constitution, which is the supreme legal document in India. Parliament cannot override or change the Constitution beyond the amendment powers provided in Article 368.
• Illustration: Parliament attempted to curtail Fundamental Rights during the Emergency (1975-1977), but the Supreme Court ruled that Parliament cannot alter the “basic structure” of the Constitution.

2. Judicial Review

• The judiciary in India has the power to review laws passed by Parliament to ensure they align with the Constitution. If a law is deemed unconstitutional, the Supreme Court or High Courts can strike it down.
• Illustration: In cases like Kesavananda Bharati v. State of Kerala (1973), the judiciary limited Parliament’s powers by establishing the basic structure doctrine.

3. Federal Limitations

• India’s federal structure restricts Parliament from legislating on matters reserved for state legislatures unless certain conditions are met.
• Illustration: Subjects in the State List (e.g., police, health) are primarily under state jurisdiction, and Parliament can only legislate on these in special circumstances (like during a national emergency).

Conclusion

The Indian Parliament’s law-making powers are constrained by constitutional, judicial, and federal limitations, making it a non-sovereign body. This framework ensures a balance of power, preventing arbitrary legislative actions and protecting citizens’ rights.