Parliamentary Sovereignty

By Rajni Kheria
UK Position
• The Dominant Characteristics of British Constitution is the Doctrine Of
Sovereignty or Supremacy Of parliament
• Parliament can make or unmake any law
• No person or body can override law
• Court can t declare act as unconstitutional
• There is no power which can compete with legislative sovereignity of
parliament
• British Constitution: Not written/Nothing like fundamental law of
Land
• They have responsible govt- doesn’t go against public opinion
• Legally speaking no fetters on power of parliament
• Laws made by parliament cant be challenged in court.
• Function of court is simply to interpret law
• Court are not to scrutinize law with reference to any fundamental
norm
• However while interpreting law court do bring in certain concepts of
their own.
India’s Position
• Parliaments Power are defined/fettered /restrained
• Constitution: Written/Amd by special process
• Art 245
• Indian parliament is creature of Constitution
• Law in order to be valid must confirm to constitution
• Parliament Within the sphere and limits allowed to it its supreme
• If law by parliament doesn,t infringe const: court duty is only to
interpret law: doesn’t go into policy decision.
• Indira Gandhi Nehru v Raj Narain