UPSC GS Paper – 2: Q.4 Compare and contrast the British and Indian approaches to Parliamentary sovereignty.

Gaurav Soni September 30, 2023 03:42 11320 0

Compare and contrast the British and Indian approaches to parliamentary sovereignty. Explore the similarities and differences in how these systems uphold legislative authority.

UPSC GS Paper – 2: Q.4 Compare and contrast the British and Indian approaches to Parliamentary sovereignty.

Q.4 Compare and contrast the British and Indian approaches to Parliamentary sovereignty.

How to approach the question

Introduction

●      Write about Parliamentary sovereignty briefly

Body

●      Write differences between the British and Indian approaches to Parliamentary sovereignty

●      Write similarities between the British and Indian approaches to Parliamentary sovereignty

Conclusion

●      Give appropriate conclusion in this regard

 

Introduction

Parliamentary sovereignty refers to the supreme legal authority vested in the parliament, empowering it to enact, amend, and repeal laws, superseding any other government institution. While derived from the British colonial legacy, the Indian and British approaches to parliamentary sovereignty have evolved distinctly due to the diverse constitutional provisions and judicial interpretations.

 

Body

Differences between the British and Indian approaches to Parliamentary sovereignty

Aspect British Approach Indian Approach
Constitutional Foundation The UK has an uncodified constitution, which implies that parliamentary sovereignty is more flexible and is based on conventions and judicial precedents. India has a codified constitution that clearly delineates the powers of parliament, thereby providing a structured approach to parliamentary sovereignty.
Judicial Review The UK parliament is sovereign, and theoretically, its decisions cannot be overridden or reviewed by the judiciary. In India, Constitution supremacy is preferred over parliamentary sovereignty. The Indian judiciary has the power to review parliamentary decisions and even strike down laws passed by the parliament if found unconstitutional, marking a limit on parliamentary sovereignty.
Federal Structure The UK has a unitary system where the sovereignty of parliament is indivisible and centralized. India has a federal structure with a division of powers between the central and state legislations, with a bicameral parliament, which implies a shared sovereignty that is more complex and nuanced.
Amendment of Constitution The UK parliament can alter any law, including constitutional principles without any special procedure, as it does not have a written constitution In India, amendment to the constitution involves a more rigid process, requiring a special majority and, in some cases, ratification by a majority of the state legislatures, indicating a restriction on the sovereignty of the parliament to amend the constitution at will.

Also, Basic structure of constitution cannot be amended as per Keshavananda Bharati Case.

Individual Rights The UK has not adopted a formalized system of protecting individual rights through a constitutional document. It relies heavily on common law and statutes passed by parliament. India has a comprehensive list of fundamental rights embedded in its constitution, which cannot be overridden by parliamentary laws. The judiciary here has a robust role in protecting these rights, sometimes even against parliamentary enactments
Emergency Powers The UK parliament possesses wide-ranging powers to enact laws during emergencies without much constitutional restriction, attributing to its uncodified constitution. In India, although the parliament has expansive powers during emergencies, these are constitutionally regulated to protect federal structure and individual rights, with a clear demarcation of powers and responsibilities,

 

Similarities between the British and Indian approaches to Parliamentary sovereignty

  • Supreme Legislative Body: In both the UK and India, the parliament holds the supreme position in legislative matters. The UK Parliament has passed landmark legislations like the Brexit bill, while the Indian Parliament has been instrumental in passing the GST Bill.
  • Accountability of the Executive: The executive branch in both nations is answerable to the Parliament. Eg: Prime Minister’s Questions (PMQs) in the UK and in India, ministers are regularly questioned by members on the floor of the house.
  • Legislative Processes: Both nations have rigorous processes for law-making. Eg: The Anti-defection Law in India went through thorough scrutiny and debates before being added to the constitution. Similarly, the UK’s Investigatory Powers Act was debated extensively in Parliament.
  • Financial Control: Both parliaments oversee the national budget and economic policies. Eg: In India, the Union Budget is presented annually in the Lok Sabha. In the UK, the Chancellor of the Exchequer presents the budget in the House of Commons.
  • Both systems recognize the principle of separation of powers, where the judiciary is independent of the legislature and executive
  • Privilege Motion: In both countries, this motion is a powerful tool for MPs. Eg: In 2018, privilege motions were moved in India against the then Defence Minister over the Rafale deal. In the UK, similar motions have been raised over issues of misleading the parliament.
  • The role of the monarch: in both systems is largely ceremonial, with limited powers to veto legislation or dissolve parliament.
  • Committee System: Committees play a crucial role in detailed analysis of issues. Eg: The Public Accounts Committee in both the UK and India oversees government expenditures to ensure they are lawful and efficient.
  • Question Hour: This is an essential tool for the opposition and other MPs to seek answers. Eg: In India, during the 2020 monsoon session, issues ranging from the COVID-19 pandemic to border tensions were raised. The UK sees similar rigorous question hours.
  • Adjournment Motion: It’s a tool to discuss urgent matters. Eg: In India, adjournment motions have been raised regarding issues like the Delhi riots. In the UK, such motions were raised during emergencies like the 2008 financial crisis.

 

Conclusion

Overall, while the British and Indian parliaments share a democratic foundation and function based on representing the will of the people with a structured legislative process, they differ fundamentally in their approach to parliamentary sovereignty, rooted in their constitutional setups.

For a Detailed explanation of the UPSC GS-01 Mains question 2023, click here.

For a Detailed explanation of the UPSC GS-02 Mains question 2023, click here.

For a Detailed explanation of the UPSC GS-03 Mains question 2023, click here.

For a Detailed explanation of the UPSC GS-04 Mains question 2023, click here.

 

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UDAAN PRELIMS WALLAH
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