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Which among the following factors limit the sovereignty of the Indian Parliament?
1. Presence of a written Constitution.
2. Incorporation of fundamental rights in the Constitution.
3. Veto powers of the President.
Select the correct answer using the code given below.
1 and 2
2 and 3
1 and 3
1,2 and 3
• The doctrine of ‘sovereignty of Parliament’ is associated with the British Parliament. Sovereignty means the supreme power within the State. That supreme power in Great Britain lies with the Parliament. The Indian Parliament, on the other hand, cannot be regarded as a sovereign body in the similar sense as there are ‘legal’ restrictions on its authority and jurisdiction.
• Several factors limit the sovereignty of the Indian Parliament:
• Written Constitution: The Constitution is the fundamental law of the land in our country. It has defined the authority and jurisdiction of all the three organs of the Union government and the nature of interrelationship between them. Hence, the Parliament has to operate within the limits prescribed by the Constitution. There is also a legal distinction between the legislative authority and the constituent authority of the Parliament. Moreover, to effect certain amendments to the Constitution, the ratification of atleast half of the states is also required. Hence, statement 1 is correct.
• Fundamental Rights: The authority of the Parliament is also restricted by the incorporation of a code of justiciable fundamental rights under Part III of the Constitution. Article 13 prohibits the State from making a law that either takes away totally or abrogates in part a fundamental right. Hence, a Parliamentary law that contravenes the fundamental rights shall be void. Hence, statement 2 is correct.
• Federal System of Government: India has a federal system of government with a constitutional division of powers between the Union and the states. Both have to operate within the spheres allotted to them. Hence, the law-making authority of the Parliament gets confined to the subjects enumerated in the Union List and Concurrent List and does not extend to the subjects enumerated in the State List (except in special circumstances and that too for a short period).
• System of judicial review: The adoption of an independent Judiciary with the power of judicial review also restricts the supremacy of our Parliament. Both the Supreme Court and high courts can declare the laws enacted by the Parliament as void and ultra vires (unconstitutional), if they contravene any provision of the Constitution or amend its basic structure.
• The President is a part of the Parliament itself; therefore his/her veto powers are not a limitation upon Parliamentary sovereignity. Hence, statement 3 is not correct. Hence, option (a) is correct.
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