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UPPSC MainsGeneral Studies Paper IIIndian PolityPractice question

Legislative Supremacy versus Constitutional Sovereignty in India

The legislature is supreme within its domain, yet it is not sovereign. Examine this statement from a constitutional perspective with examples.

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How to approach

Begin by contrasting the British doctrine of Parliamentary Sovereignty with India's framework of Constitutional Supremacy. Explain how the legislature enjoys supreme law-making authority within its constitutional boundaries under Articles 245 and 246. Then, examine the constitutional limitations—such as judicial review, fundamental rights, federalism, and the basic structure doctrine—that ensure the legislature is not an absolute sovereign, substantiated with judicial precedents.

Model answer

449 words

Introduction

Unlike the British model of Parliamentary Sovereignty propounded by A.V. Dicey, India adheres to the doctrine of Constitutional Supremacy. While the Indian legislature enjoys plenary authority within its constitutionally demarcated sphere under Articles 245 and 246, it functions as a creature of the Constitution and does not possess absolute or unbridled sovereign authority.

Legislative Supremacy Within Its Demarcated Domain

Within its constitutionally allocated sphere, the legislature possesses plenary and untrammelled powers to enact laws:

  • Plenary Law-Making Power: Under the Seventh Schedule (Articles 245 and 246), Parliament and State Legislatures (such as the Uttar Pradesh Legislative Assembly) possess exclusive authority to legislate on subjects within the Union List and State List, respectively.
  • Residuary and Extraterritorial Powers: Article 248 vests residuary powers of legislation exclusively in Parliament. Furthermore, under Article 253, Parliament possesses the authority to enact legislation implementing international treaties and agreements, even if the subject falls within the State List.
  • Executive Accountability: Under the system of responsible government (Articles 75(3) and 164(2)), the Council of Ministers is collectively responsible to the legislature, rendering the executive subordinate to legislative oversight and statutory mandates.

Constitutional Checks Demonstrating Why the Legislature Is Not Sovereign

The sovereignty of the legislature is curtailed by explicit constitutional barriers and judicial mechanisms:

  • Doctrine of Judicial Review (Articles 13, 32, and 226): Any law passed by Parliament or a state legislature that infringes upon Part III (Fundamental Rights) is void ab initio. For instance, the Allahabad High Court struck down the UP Board of Madarsa Education Act, 2004, for violating constitutional secularism (later partially modified by the Supreme Court), illustrating that legislative will remains subject to judicial scrutiny.
  • The Basic Structure Doctrine: Although Article 368 empowers Parliament to amend the Constitution, the landmark ruling in Kesavananda Bharati v. State of Kerala (1973) established that constituent power is not boundless. Parliament cannot abrogate the essential features or basic structure of the Constitution, such as the rule of law, federalism, or judicial review.
  • Subordination of Legislative Privileges to Fundamental Rights: In the historic Keshav Singh Case (Special Reference No. 1 of 1964), arising from a confrontation between the UP Legislative Assembly and the Allahabad High Court, the Supreme Court ruled that legislative privileges under Article 194 cannot override citizens' fundamental rights under Articles 21 and 22, nor shield legislative action from judicial review.
  • Federal Distribution of Powers: Parliament cannot unilaterally encroach upon the State List under ordinary circumstances, thereby preserving federalism as an indestructible constitutional feature.

Conclusion

In India, ultimate sovereignty resides with the people and is articulated through the Constitution. The legislature is supreme only in the execution of its assigned legislative mandate, operating under institutional checks and balances to preserve democracy, federalism, and the rule of law.

Key facts to remember

definition
Constitutional Supremacy

A constitutional system where the constitution is the supreme law of the land, requiring all organs of state—legislature, executive, and judiciary—to derive their power from it and act strictly within its limits.

case study
Keshav Singh Case (1965)

Following a conflict between the UP Legislative Assembly and the Allahabad High Court, the Supreme Court held via Presidential Reference that legislative privileges under Article 194 are subject to fundamental rights and judicial scrutiny.

case study
Kesavananda Bharati v. State of Kerala (1973)

The Supreme Court ruled that Parliament's power to amend the Constitution under Article 368 is wide but not absolute, establishing that the 'basic structure' of the Constitution cannot be dismantled.

Frequently asked questions

Why is the Indian Parliament not sovereign like the British Parliament?

The British Parliament functions under an unwritten constitution without judicial review of primary legislation. India has a written Constitution with a federal division of powers, entrenched fundamental rights, and judicial review that can nullify legislative acts.

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