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The British and Indian approaches to parliamentary sovereignty reflect their distinct constitutional frameworks and historical contexts.
British Approach:
Absolute Sovereignty: In the UK, Parliament holds supreme legal authority. It can create or repeal any law, and no court can overrule its legislation. This concept is rooted in the unwritten constitution and the historical evolution of parliamentary power.
No Judicial Review: British courts cannot question the validity of parliamentary statutes, reflecting the principle that Parliament cannot be bound by its predecessors or successors.
Indian Approach:
Constitutional Sovereignty: India’s sovereignty lies with the Constitution, which is the supreme law of the land. The Parliament’s power is extensive but not absolute; it operates within the limits set by the Constitution.
Judicial Review: The Indian judiciary has the power to review and invalidate parliamentary laws that contravene the Constitution. This ensures checks and balances and protects fundamental rights.
Federal Structure: India’s federal system divides powers between the central and state governments, further limiting parliamentary sovereignty compared to the unitary system in the UK.
Contrasts:
Limitations: While the UK Parliament is unrestricted, Indian Parliament is constrained by the Constitution.
Judicial Role: UK lacks judicial review over parliamentary laws, unlike India, where the judiciary can annul unconstitutional legislation.
In summary, the British approach centers on absolute parliamentary authority, whereas the Indian approach emphasizes constitutional supremacy and judicial checks on parliamentary power.
Comparison of the British and Indian approaches to Parliamentary sovereignty:
1. Nature of Sovereignty:
– India: Constitutional Supremacy. The Constitution is supreme, and Parliament’s authority coexists with judicial review. Laws conflicting with fundamental principles can be declared void.
– Britain: Parliamentary Supremacy. The British Parliament holds absolute legal authority, immune from judicial review.
2. Checks and Balances:
– India: Judicial review by Supreme and High courts. Parliament’s actions can be reviewed.
– Britain: No judicial review of parliamentary decisions.
3. Authority of Parliament:
– India: Parliament can’t alter the Constitution’s basic structure.
– Britain: Parliament can make, repeal, or alter any law, even constitutional provisions.
4. Nature of Polity:
– India: Federal system limits parliamentary sovereignty. Parliament can’t legislate on State List matters without special circumstances.
– Britain: No strict separation of powers; Parliament can legislate on any subject.
5. Amending Power:
– India: Amendments require different majorities based on the Constitution.
– Britain: Simple majority suffices for all amendments.
Despite these differences, both India and Britain follow a parliamentary form of democracy, where the executive is accountable to the legislature. Additionally, both recognize the judiciary’s role in interpreting and upholding the Constitution.
Comparing British and Indian Approaches to Parliamentary Sovereignty
British and Indian approaches to parliamentary sovereignty reflect their distinct legal and constitutional frameworks. In the UK, parliamentary sovereignty is a fundamental principle, meaning that Parliament can make or repeal any law, and no other body can override or challenge its decisions. This principle underpins the UK’s uncodified constitution, allowing Parliament to have supreme legislative authority.
Conversely, India’s approach to parliamentary sovereignty is influenced by its written Constitution, which delineates the powers and limits of Parliament. While Indian Parliament has significant legislative authority, it operates within the constraints of the Constitution. The Indian Constitution is supreme, and Parliament cannot enact laws that violate its provisions. This framework introduces a system of checks and balances, where judicial review ensures that laws comply with constitutional principles, thus limiting Parliament’s sovereignty.
In summary, while British parliamentary sovereignty grants unrestricted legislative power to Parliament, India’s approach integrates constitutional constraints, balancing legislative authority with adherence to constitutional norms.
British Approach to Parliamentary Sovereignty
Indian Approach to Parliamentary Sovereignty