Anudeep DurishettyAIR 1 · CSE 2017 · 273 wordsTheir whole copy
Opening · a definition
Parliamentary sovereignty refers to the independent and autonomous nature of Parliament to legislate on matters of importance. Constitution of India provides parliamentary sovereignty through:
Body · points
Articles 246, 247: They mention the extent of application of Parliamentary laws throughout territory of India.
Schedule 7: Mentions subject list in which Parliament is competent to legislate. Eg: Law & order → State subject; international agreements → Union subject.
Checks on Parliamentary Sovereignty
Judicial Review — Constitution empowers Supreme Court and High Court under Art. 13 and Art 226 respectively.
Public interest Litigation: public can approach courts to strike down unjust law. Eg: Recent SC judgement scrapping NJAC act.
Parliamentary Committees: Such as public standing committee exercise effective control.
Discretionary power to president under Article 74 where he can send a bill back once, pocket veto, suspensive veto act as check.
Power of state representation in Rajya Sabha also checks brute majority of any party.
Judicial Activism as threat - Yes (JA)
- JA violates Art 50 : Separation of powers.
- It impinges on parliament's right given as per peoples mandate. Thus a threat to democracy.
- Non expertise of judges.
- JA often leads to 3rd chamber of legislature.
JA is not a threat, because:
JA is needed when executive, legislature fails to act in public interest.
JA upholds public interest, rights of minorities, vulnerable.
Close · a quotation
Eg: visakha guidelines against sexual harassment.
To conclude, JA must be balanced with Parliamentary Sovereignty. They are two wheels on which Constitution runs smoothly. "Role of judiciary must be of an alarm clock not a time keeper" (N.A. Palkivala)
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