Q. Compare and contrast the British and Indian approaches to Parliamentary sovereignty.
Question from UPSC Mains 2023 GS2 Paper
Model Answer:
Parliamentary Sovereignty
Parliamentary sovereignty, a cornerstone of democratic governance, has been interpreted differently in the United Kingdom and India. This answer compares and contrasts these approaches.
In the UK, Parliamentary sovereignty is absolute. Key features include:
1. Parliament can make or unmake any law
2. No person or body can override Parliament’s legislation
3. No Parliament can bind its successors
This principle evolved from the historical struggle between the monarchy and Parliament, establishing legislative supremacy.
India, however, adopts a limited Parliamentary sovereignty. Key aspects include:
1. Parliament’s power is subject to the Constitution
2. Judiciary can strike down unconstitutional laws
3. Basic Structure Doctrine limits constitutional amendments
The primary similarity is the recognition of Parliament as the supreme law-making body. However, the differences are significant:
1. Constitutional supremacy: The UK has no codified constitution limiting Parliament, while India’s Constitution is supreme.
2. Judicial review: Indian courts can invalidate laws deemed unconstitutional, a power not traditionally available to British courts for primary legislation.
3. Basic Structure Doctrine: This uniquely Indian concept prevents Parliament from altering the Constitution’s core principles.
4. Federalism: India’s federal structure imposes additional constraints on Parliamentary power, unlike the UK’s unitary system.
These differences stem from India’s distinct historical context, including the need to safeguard fundamental rights and maintain checks and balances post-independence.
Recent developments have moderated absolute sovereignty in the UK, including EU membership (until Brexit), the Human Rights Act 1998, and devolution. However, these changes haven’t fundamentally altered the principle of Parliamentary sovereignty.
In conclusion, while both nations value Parliamentary sovereignty, India has adapted it to fit its constitutional framework and federal structure, while the UK maintains a more traditional interpretation.
