According to AV Dicey, Parliamentary Sovereignty is the Parliament’s right to make or unmake any law while no person or body has the authority to override or set aside the legislation of Parliament. In short it means “True is what the Parliament does that no authority on earth can undo”
Parliamentary sovereignty means the supremacy of the legislative body i.e parliament over all other government institutions including executive and judicial bodies.
The sovereign legislature may change or repeal any previous legislation and is not bound by any written law like a constitution. In India there is no parliament sovereignty rather there is constitutional sovereignty.
Limits on Indian Legislature
1. Written Constitution: In India Constitution is written which put limitations on all organs of the state. Although parliament can amend the constitution it cannot supersede the written document. In the UK, as there is no written constitution, the Parliament possesses legislative sovereignty. So any law passed by it cannot be questioned before any court on such grounds.
2. Independent judiciary and Judicial review: Judiciary is independent and the guardian of the Constitution. It can declare any law or ordinance passed by the legislature void if any of its provisions violate one or more of the constitutional provisions.
3. Federal structure: Although the constitution says India is a union of states, India is a federal polity. Various federal provisions especially some special powers for scheduled areas limit parliament powers where many parliamentary laws are applicable only on presidential and governor consent.
4. Limited amendment power: Parliament can amend most of the part of the constitution but it cannot amend the ‘basic features of the constitution’. Further, some amendments need a special majority and states legislature resolution.
5. Division of powers: Schedule 7 divides law-making power between the centre and the state. Parliament cannot make laws on the state list. Any law in state subject would require the state’s consent through a majority.
6. Limit by Presidential vetoes: A bill cannot become law without presidential assent. President can practice various veto powers like pocket veto that act as a limitation on parliament sovereignty.
7. Limited Doctrine of ‘Separation of Powers’: In India, there is no strict application of the doctrine of separation of powers. So if the legislature encroaches into the functions of the other organs, the judiciary can prevent it to do so.
8. Bar on the discussion of the conduct of judges: Article 121 and 211 of the Indian Constitution states that no discussion shall take place in the Legislature of a state or in the Parliament concerning the conduct of any judge of the Supreme Court or of the High court in the discharge of his duties. Thus legislature has no power to discuss judge’s conduct.
