Compare and contrast the British and Indian approaches to Parliamentary sovereignty.

Sample Answer:


According to the principle of Parliamentary Sovereignty as practiced in Britain, Parliament is the supreme law-making authority and no institution can set aside its laws. This principle is not followed in India due to the established norm of constitutional supremacy.

Parliamentary Sovereignty in BritainConstitutional Supremacy in India
Strengthened through unwritten constitution which largely comprises of various legislations or statutes, precedents, rules etc.Strengthened due to written constitution and ethics of constitutionalism which acts as check on Parliament.

Constitution is a reflect of people’s will. 
No checks and balances on Parliament as judiciary or executive cannot set aside an Act of Parliament.Checks & Balances 
-Article 13 expressly bars Parliament from enacting laws which curb fundamental rights.

-Federal provisions: Parliament cannot enact legislations on state subjects.

-Expanded by Basic Structure doctrine which even limits Parliaments constituent power.


There are many similarities in Parliamentary functioning of India and Britain but India because of a written constitution ensured legitimate check on unbridled powers of the Parliament through an empowered an independent judiciary.

Important links:

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