GS 2 · 2023Indian Polity10 Marks
Q13.Compare and contrast the British and Indian approaches to parliamentary sovereignty.
Directive: Compare10 marks
Introduction
Parliamentary sovereignty signifies the supreme authority of the legislature. While both Britain and India uphold democratic parliamentary systems, their approaches to this principle diverge significantly due to their constitutional frameworks.
British Approach: Absolute Sovereignty
- Unfettered legislative power; Parliament can make or unmake any law.
- No written constitution; no judicial review of primary legislation.
Indian Approach: Constitutional Supremacy
- Parliament's powers are derived from and limited by the written Constitution.
- Subject to judicial review (Articles 13, 32, 226); courts can strike down unconstitutional laws.
- Basic Structure Doctrine (Kesavananda Bharati case) limits amending power.
- Federal structure (7th Schedule) restricts legislative domain.
Points of Comparison
- Both Parliaments are primary legislative bodies.
- Represent popular will and are central to their democracies.
Points of Contrast
- UK: Parliament is supreme; India: Constitution is supreme.
- UK: No judicial review of primary laws; India: Robust judicial review.
- UK: Unitary; India: Federal with divided powers.
Conclusion
These divergent approaches reflect their unique historical and constitutional evolutions, shaping the balance of power between the legislature, executive, and judiciary in each nation.
155 words · target ~150