Mains Marathon

Approach

• Briefly introduce the concept of parliamentary sovereignty and constitutional supremacy.
• Compare and contrast the legislative authority of Parliament in the two countries.
• Conclude with a scholarly remark.

Introduction

The concept of legislative supremacy varies across political systems. The United Kingdom follows the principle of parliamentary sovereignty, wherein Parliament is the supreme legal authority. In contrast, India follows constitutional supremacy, where the Constitution is the supreme law of the land, and Parliament's authority is limited by it. This distinction shapes the nature, extent, and limitations of parliamentary authority in both nations.

Body

Comparison of Legislative Authority:

Aspect	United Kingdom	India
Source of Legislative Power	Derived from political convention; no written constitution	Derived from a written Constitution
Supremacy Principle	Parliamentary sovereignty — Parliament can make or unmake any law	Constitutional supremacy — Parliament is bound by the Constitution
Amendment Procedure	No special procedure; constitutional laws can be amended like ordinary laws	Amendments under Article 368, subject to the Basic Structure Doctrine
Judicial Review	Courts cannot invalidate laws passed by Parliament	Supreme Court and High Courts can review and strike down unconstitutional laws (Art. 13)
Fundamental Rights	No codified fundamental rights; rights can be changed by legislation	Fundamental Rights are justiciable and enforceable, protected from legislative encroachment
Federalism	Unitary State; Parliament can override devolved authorities (e.g., Scotland)	Federal structure; Parliament limited by division of powers under the 7th Schedule
Doctrine of Separation of Powers	Fusion of powers; Parliament is supreme	Clear separation of powers; Parliament cannot usurp powers of judiciary or the executive

Conclusion :

The doctrine of absolute parliamentary sovereignty, further underscored by Sir Ivor Jennings’ famous remark that,

“The British Parliament can do anything except make a man a woman and a woman a man.”

Unlike the UK’s absolute legislative supremacy, India upholds constitutional supremacy, ensuring that Parliament functions within constitutional limits, preserving democratic accountability and the basic structure of the Constitution.