Parliamentary Supremacy implies that Parliament’s legislative decisions are supreme and binding on all. In a parliamentary democracy, it reflects the will of the people, as members of Parliament are directly elected representatives. Laws passed by Parliament are binding, and other state institutions must function within the legal framework established by it. However, in India, this supremacy is not absolute but subject to constitutional constraints.
Parliamentary Supremacy in India
In India, Parliamentary Supremacy exists alongside a written Constitution, federalism, and judicial review. While Parliament is the principal law-making body, its supremacy is circumscribed by the following:
- Supremacy of the Constitution:
The Constitution is the highest law in India, and Parliament must operate within its provisions. It cannot pass laws that violate Fundamental Rights or exceed its legislative competence as defined in the Constitution.
- Judicial Review:
The judiciary, particularly the Supreme Court, has the power to review and strike down any parliamentary law that contravenes the Constitution or infringes on Fundamental Rights. This ensures a system of checks and balances.
- Federal Structure:
India’s federal system divides legislative powers between the Union and State legislatures. Parliament cannot legislate on subjects in the State List unless under specific circumstances, such as during a national emergency.
- Bicameralism:
With two Houses—Lok Sabha (House of the People) and Rajya Sabha (Council of States)—laws must gain approval from both chambers, ensuring balanced decision-making and preventing hasty legislation.
Powers and Functions of the Indian Parliament
- Legislative Power:
Parliament has the authority to make laws on subjects enumerated in the Union List and Concurrent List of the Seventh Schedule. It can also legislate on State List subjects under special circumstances like national interest or emergencies.
- Executive Oversight:
Parliamentary supremacy extends to holding the executive accountable through debates, question hours, and motions like no-confidence.
- Financial Control:
The Parliament controls national finances, approving budgets and scrutinizing public spending.
- Amendment of the Constitution:
Under Article 368, Parliament has the power to amend the Constitution, though some amendments require ratification by a majority of state legislatures.
- Emergency Powers:
During a national emergency, Parliament can legislate on State List subjects and extend the duration of Lok Sabha beyond five years.
Parliamentary Supremacy vs. Constitutional Supremacy
Unlike the British system, where Parliament’s authority is unrestricted, the Indian Parliament operates under the Constitution’s supremacy. Key distinctions are:
- Written Constitution:
The Indian Constitution is the ultimate authority, limiting parliamentary powers.
- Judicial Review:
Indian courts can invalidate unconstitutional laws, unlike in the UK where parliamentary laws cannot be challenged.
- Federalism:
Indian Parliament must respect the division of powers between the Union and States, unlike the centralized British system.
Challenges to Parliamentary Supremacy in India
- Judicial Activism:
Increasing judicial intervention, such as in the interpretation of laws and Fundamental Rights, sometimes challenges parliamentary authority.
- Coalition Politics:
Fragmented political mandates may dilute Parliament’s decision-making efficacy.
- Ordinance Raj:
Frequent use of ordinances by the executive undermines the legislative process and parliamentary debate.
- Pressure from Interest Groups:
Lobbying and influence from various groups can affect parliamentary decisions.
Significance of Parliamentary Supremacy
- Representation of People’s Will:
Parliament reflects democratic ideals, with laws crafted by elected representatives.
- Accountability Mechanism:
Parliamentary debates and discussions ensure transparency and scrutiny of the government.
- Flexibility in Governance:
Parliament’s ability to amend the Constitution ensures adaptability to changing societal needs.
