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Which of the following factors limit the sovereignty of the Indian Parliament?
1. Written nature of the Constitution
2. Federal system of Government
3. System of Judicial Review
4. Fundamental Rights
Choose the correct option from the codes given below
1, 2 and 3 only
3 only
1, 2 and 4 only
1, 2, 3 and 4
Written Constitution- it is the reason why even though India adopted Parliamentary form of Government as like that of Britain, the Indian Parliament is not sovereign in the British sense. Its sovereignty is defined and limited by the Constitution itself, which was reinforced in the Keshavananda case through basic structure doctrine.
Federal division of power in the seventh schedule has left Parliament only to legislate on Union subject and the Concurrent subject, but with certain limitations. It cannot legislate on the State subject unless under some exceptional circumstances.
Judicial Review since Menaka Gandhi case, 1978 is based on the due process of law method. Which inturn limited the Parliament’s sovereignty. Moreover Keshavananda case enabled SC to review Constitutional Amendment acts passed by Parliament as well.
By: Vishal ProfileResourcesReport error
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