{"id":50449,"date":"2019-07-23T16:54:55","date_gmt":"2019-07-23T11:24:55","guid":{"rendered":"https:\/\/blogadmin.forumias.com\/?page_id=50449"},"modified":"2019-07-23T16:55:04","modified_gmt":"2019-07-23T11:25:04","slug":"answered-what-do-you-understand-by-parliament-sovereignty-how-indian-constitution-check-parliament-sovereignty","status":"publish","type":"page","link":"https:\/\/forumias.com\/blog\/answered-what-do-you-understand-by-parliament-sovereignty-how-indian-constitution-check-parliament-sovereignty\/","title":{"rendered":"[Answered] What do you understand by Parliament sovereignty? How Indian constitution check parliament sovereignty?"},"content":{"rendered":"\n
Demand of the question<\/strong>
Introduction.<\/strong> What is parliamentary sovereignty?
Body. <\/strong>Various check by constitution on parliament.
Conclusion. <\/strong>Conclude. <\/td><\/tr><\/tbody><\/table>\n\n\n\n

Parliamentary sovereignty means supremacy of the legislative body i.e parliament over all other government institutions including executive and judicial bodies. Sovereign legislature may change or repeal any previous legislation and is not bound by any written law like constitution. In India there is no parliament sovereignty rather there is constitutional sovereignty.<\/p>\n\n\n\n

Check to parliamentary sovereignty by\nvarious provisions of constitution: <\/strong>Various check on parliament are:<\/p>\n\n\n\n

  1. Written Constitution: <\/strong>In India Constitution is written which\nput limitations on all organs of the state. Although parliament can amend\nconstitution but it cannot supersede the written document. In UK, as there is\nno written constitution, the Parliament possesses legislative sovereignty. So\nany law passed by it cannot be questioned before any court on such grounds.<\/li>
  2. Independent judiciary and Judicial\nreview: <\/strong>Judiciary is\nindependent and the guardian of the Constitution. It can declare any law or\nordinance passed by the legislature void, if any of its provisions violate one\nor more of the constitutional provisions. <\/li>
  3. Federal structure: <\/strong>Although constitution says India as\na union of states, India is a federal polity. Various federal provisions\nespecially some special powers for schedule area limit parliament powers where\nmany parliamentary laws are applicable only on presidential and governor\nconsent.<\/li>
  4. Limited amendment power<\/strong>: Parliament can amend most of the\npart of constitution but it cannot amend the \u2018basic features of the\nconstitution\u2019. Further some amendments need special majority and states\u2019\nlegislature resolution.<\/li>
  5. Division of powers<\/strong>: Schedule 7 divide law making power\nbetween centre and state. Parliament cannot make laws on state list. Any law in\nstate subject would require state\u2019s consent through majority.<\/li>
  6. Limit by Presidential vetoes: <\/strong>A bill cannot become law without\npresidential assent. President can practice various veto powers like pocket\nveto that act as limitation on parliament sovereignty.<\/li>
  7. Limited Doctrine of \u2018Separation of\nPowers\u2019:<\/strong> In India\nthere is no strict application of doctrine of separation of powers. So if the\nlegislature encroaches into the functions of the other organs, judiciary can\nprevent it to do so. <\/li>
  8. Bar on discussion of conduct of\njudges:<\/strong> Article 121\nand 211 of Indian Constitution states that no discussion shall take place in\nthe Legislature of a state or in the Parliament with respect to the conduct of\nany judge of the Supreme Court or of the High court in the discharge of his\nduties. Thus legislature have no power to discuss judges conduct.<\/li><\/ol>\n\n\n\n

    Thus Constitution being sovereign has balanced powers of parliament through sufficient checks and balance, needed to ensure democracy. It is successful in striving a balance between legislative, executive and judicial body.<\/p>\n","protected":false},"excerpt":{"rendered":"

    Demand of the question Introduction. What is parliamentary sovereignty? Body. Various check by constitution on parliament. Conclusion. Conclude. Parliamentary sovereignty means supremacy of the legislative body i.e parliament over all other government institutions including executive and judicial bodies. Sovereign legislature may change or repeal any previous legislation and is not bound by any written law… Continue reading [Answered] What do you understand by Parliament sovereignty? How Indian constitution check parliament sovereignty?<\/span><\/a><\/p>\n","protected":false},"author":61,"featured_media":49132,"parent":0,"menu_order":0,"comment_status":"open","ping_status":"closed","template":"","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"class_list":["post-50449","page","type-page","status-publish","has-post-thumbnail","hentry","entry"],"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/pages\/50449","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/61"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=50449"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/pages\/50449\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media\/49132"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=50449"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}