UPSC Previous Year Question | Mains GS2 | 2023

Compare and contrast the British and Indian approaches to Parliamentary sovereignty. (Answer in 150 words)

Answer

Introduction

Parliamentary sovereignty is virtually unlimited in the United Kingdom, whereas Indian Parliament exercises constituent and legislative power within a written Constitution.

Analysis

British approach

  • Parliament is the supreme law-making authority; courts generally cannot invalidate an Act of Parliament.
  • The uncodified constitutional system relies on conventions, political accountability and parliamentary supremacy.

Indian approach

  • The Constitution is supreme; Parliament is subject to fundamental rights, federal distribution and procedural limits.
  • Judicial review permits invalidation of unconstitutional laws, and Kesavananda Bharati limits amendments through the basic-structure doctrine.
  • Yet Parliament can amend broad constitutional provisions and legislate on the Union and concurrent fields.

India therefore combines parliamentary government with constitutional supremacy, preserving democratic law-making without permitting constitutional destruction.

Keywords

polity, Parliament, constitutional law, judicial review

Topics: constitutional law, judicial review, parliament, polity