Compare and contrast the British and Indian approaches to Parliamentary sovereignty. (10M, 150 words)

UPSC Mains General Studies Paper – 1 Mains 2023

UPSC Mains Civil Services IAS Exam Question Paper – 2023

Introduction

Parliamentary sovereignty means that the supreme law making authority in the country is the parliament which can make or unmake laws without interference from any other body. Though it is derived from the British colonial legacy, the Indian and the British approaches to parliamentary sovereignty have evolved distinctly due to the diverse constitutional provisions and judicial interpretations. 

Body     

Comparison of the two parliamentary sovereignty:  

1. The British constitution is unwritten and works on conventions making the parliament supreme whereas the Indian parliament is checked by a written constitution and judicial review. E.g. NJAC bill,2014 quashed by the judiciary being in conflict with the basic structure of the constitution.  
2. British parliamentary sovereignty evolved from the need to counter the kingship and its whims by the parliament. Whereas the Indian approach is the result of intense scrutiny of different constitutions and the idea that even the parliament needs to be checked by the judiciary being the final interpreter of the constitution. 
3. The unitary nature of British polity versus the federal nature of its Indian counterpart defines the respective sovereignty. E.g. The Indian parliament cannot make laws on subjects in the state list.  
4. The veto power of the president in India also exercises limited check on the sovereignty of the parliament. E.g. 1986 post office amendment bill. Such a provision is not available in the British approach. 

Conclusion   

Parliamentary sovereignty is shaped by a nation’s political heritage and ethics. In the UK, parliamentary sovereignty coexists with a shadow cabinet for balance. In India, the supreme constitution promotes a balanced polity, but their approach to the parliamentary setup differs due to their constitutional distinctions. 

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