Module 3.3 - Parliamentary Sovereignty

3.3 PARLIAMENTARY SOVEREIGNTY 3.3.1 MEANING AND NATURE OF PARLIAMENTARY SOVEREIGNTY MEANING: Parliamentary sovereignty means that the parliament, which is the law-making body of a country, has the highest power and can make or change laws without interference from other branches of government. It is the supreme authority in the land.In this system, the parliament has the power to create, amend, or repeal laws. It can also make decisions on important matters that affect the country, such as approving budgets, enacting policies, and determining the government's actions. NATURE: The nature of parliamentary sovereignty is based on the idea that the elected representatives of the people, who make up the parliament, have the authority to make decisions on behalf of the nation. This means that the parliament has the final say in legal and political matters.Under parliamentary sovereignty, the decisions made by the parliament are binding and cannot be overruled by other institutions, including the executive branch (such as the government or the head of state) or the judiciary (the courts).However, it's important to note that parliamentary sovereignty does not mean that the parliament can do whatever it wants without any limits. In democratic systems, there are usually checks and balances in place to ensure that the parliament acts in accordance with the constitution, respects fundamental rights, and remains accountable to the people.Parliamentary sovereignty is a fundamental principle of democratic governance, as it ensures that the power lies with the representatives elected by the people. It allows for the expression of the will of the majority and the ability to respond to the changing needs and aspirations of the society. 3.3.2 PARLIAMENTARY SOVEREIGNTY IN INDIA AND ITS LIMITATION In India, the Parliament consists of two houses: the Lok Sabha (House of the People) and the Rajya Sabha (Council of States). Members of Parliament (MPs) are elected by the people to represent them and make laws on their behalf. Parliamentary sovereignty in India means that the Parliament has the final say in making and amending laws. It can pass legislation on various subjects, including those related to governance, social issues, economics, and national security. However, there are limitations to parliamentary sovereignty in India. These limitations are in place to ensure a balance of power and protect the rights and interests of the citizens. Some of the key limitations are: 1. Constitutional Framework: India has a written constitution that establishes the basic structure of the government and outlines the fundamental rights of the citizens. The Parliament cannot make laws that violate the provisions of the Constitution. If any law is found to be unconstitutional, the judiciary has the power to strike it down. 2. Fundamental Rights: The Constitution of India guarantees certain fundamental rights to all citizens, such as the right to equality, freedom of speech, and the right to life and personal liberty. Parliament cannot make laws that infringe upon these fundamental rights. The judiciary acts as a guardian to protect these rights. 3. Judicial Review: The judiciary in India has the power of judicial review. This means that the courts can review the constitutionality of laws passed by the Parliament. If a law is found to be inconsistent with the Constitution, it can be declared invalid or struck down. 4. Federal Structure: India follows a federal system of government, where powers are divided between the central government and the state governments. The Parliament cannot encroach upon the legislative powers of the state governments. They have their own autonomy in making laws on certain subjects. 5. Public Opinion and Democratic Processes: Parliament is accountable to the people and is expected to consider public opinion and engage in democratic processes. It must take into account the views and concerns of the citizens when making laws. 3.3.3 PARLIAMENTARY SOVEREIGNTY IN THE UNITED KINGDOM AND CONTEMPORARY CHALLENGES In the United Kingdom, parliamentary sovereignty means that the UK Parliament, consisting of the House of Commons, House of Lords, and the monarch, has the power to make laws and decisions. It is considered the supreme authority in the country. Historically, this principle meant that laws passed by Parliament were binding and could not be overruled by other institutions, including the courts. However, in recent years, there have been some challenges to parliamentary sovereignty due to various factors: 1. European Union Membership: The UK's membership in the European Union (EU) has limited parliamentary sovereignty. EU laws and regulations have had to be incorporated into UK law, making some laws originate from the EU rather than solely from the UK Parliament. 2. Devolution: The devolution of powers to Scotland, Wales, and Northern Ireland has affected parliamentary sovereignty. These regions now have their own legislatures with the authority to make decisions on specific matters. This has led to a partial shift of power away from the UK Parliament. 3. Human Rights Act and Judicial Review: The introduction of the Human Rights Act in 1998 and the principle of judicial review have provided courts with the power to scrutinize and potentially overturn laws passed by Parliament if they are deemed to be incompatible with human rights or the UK's constitutional principles. 4. Constitutional Reform: The UK has undergone various constitutional reforms aimed at decentralizing power and strengthening democratic governance. These reforms have aimed to distribute power more evenly among different institutions, challenging the notion of absolute parliamentary sovereignty. 5. Public Opinion and Referendums: The rise in public participation and the use of referendums have brought about challenges to parliamentary sovereignty. Decisions made through referendums, such as the Brexit referendum in 2016, have had significant implications on laws and policies, potentially bypassing parliamentary processes.