Comparison of British and Indian Approaches to Parliamentary Sovereignty
The concept of parliamentary sovereignty varies significantly between the British and Indian systems, shaped by their historical contexts and constitutional frameworks.
British Approach to Parliamentary Sovereignty
- Absolute Authority: The UK Parliament holds supreme legal authority, meaning it can make or repeal any law without legal limitations.
- Unwritten Constitution: The UK operates under an unwritten constitution, relying on statutes, conventions, and judicial decisions, which allows for flexibility in legislative changes.
- Judicial Non-Intervention: Courts in the UK cannot overrule Parliament's legislation, reinforcing the notion that Parliament is the ultimate law-making body.
Indian Approach to Parliamentary Sovereignty
- Constitutional Supremacy: India adopts a written constitution that establishes the supremacy of the Constitution over Parliament, meaning no law can contravene constitutional provisions.
- Fundamental Rights: The Indian Constitution enshrines fundamental rights, which Parliament cannot infringe upon; courts can strike down laws that violate these rights.
- Federal Structure: India's federal system divides powers between the central and state governments, introducing a complexity that restricts Parliament's sovereignty in certain matters.
Key Differences
- Legal Framework: The British system emphasizes parliamentary power without constitutional constraints, while the Indian system prioritizes constitutional limits on parliamentary authority.
- Judicial Role: In India, the judiciary acts as a guardian of the Constitution, whereas in the UK, its role is limited to interpreting laws enacted by Parliament.
- Power Distribution: India's federal structure leads to the distribution of legislative powers, contrasting with the unitary nature of the UK system.
Overall, while the UK upholds an absolute form of parliamentary sovereignty, India balances parliamentary power with constitutional supremacy, reflecting its diverse socio-political landscape.