The concept of parliamentary sovereignty is a fundamental principle in many parliamentary democracies, including India. In India, the sovereignty of Parliament is enshrined in the Constitution, and the following articles elaborate on various aspects of this concept:
1. Article 79 – Constitution of Parliament:
A. Composition of Parliament:
- Article 79 of the Indian Constitution establishes the Parliament of India, which consists of the President and two Houses—the Lok Sabha (House of the People) and the Rajya Sabha (Council of States).
B. Sovereign Functioning:
- This article lays the foundation for the functioning of Parliament as the sovereign legislative body, representing the will of the people.
2. Article 85 – Sessions of Parliament, Prorogation, and Dissolution:
A. Sovereignty in Legislative Sessions:
- Article 85 empowers the President to summon Parliament to meet at such a time and place as they think fit. It also details the President’s authority to prorogue (suspend) and dissolve the Lok Sabha, allowing for the exercise of parliamentary sovereignty in deciding the timing of legislative sessions.
3. Article 105 – Powers, Privileges, and Immunities of Parliament and its Members:
A. Parliamentary Privileges:
- Article 105 delineates the powers, privileges, and immunities of Parliament and its members. These privileges are essential for the effective functioning of Parliament, allowing it to exercise its sovereign legislative authority without external interference.
B. Freedom of Speech:
- The article ensures freedom of speech and expression for members of Parliament within its premises, safeguarding their ability to engage in debates and discussions without fear of legal consequences.
4. Article 105(2) – Courts not to inquire into proceedings of Parliament:
A. Non-Justiciability:
- This clause reinforces parliamentary sovereignty by stipulating that the validity of proceedings in Parliament cannot be questioned in any court. It establishes the principle of non-justiciability, emphasizing the autonomy of parliamentary decisions.
5. Article 118 – Rules of Procedure:
A. Autonomy in Rule-Making:
- Article 118 grants each house of Parliament the autonomy to make rules for regulating its own procedure and conduct of business. This provision underscores the internal sovereignty of each house in managing its affairs.
6. Article 245 – Extent of Legislative Powers:
A. Exclusive Legislative Powers:
- Article 245 defines the extent of Parliament’s legislative powers. It underscores that the Parliament has exclusive powers to make laws on subjects enumerated in the Union List. This reinforces the idea of parliamentary sovereignty in its legislative domain.
7. Article 246 – Subject-matter of Laws made by Parliament and by the Legislatures of States:
A. Distribution of Legislative Powers:
- Article 246 delineates the distribution of legislative powers between the Parliament and the State Legislatures. It reinforces parliamentary sovereignty by defining the areas where Parliament can legislate exclusively.
8. Article 248 – Residuary Powers of Legislation:
A. Residuary Legislative Power:
- Article 248 vests residuary legislative powers in Parliament. It provides Parliament with the authority to make laws on any matter not enumerated in the Concurrent List or State List, further emphasizing its legislative sovereignty.
9. Article 249 – Power of Parliament to legislate with respect to a matter in the State List in the national interest:
A. National Interest Legislation:
- Article 249 grants Parliament the authority to legislate on matters in the State List if it is deemed necessary in the national interest. This provision reflects parliamentary sovereignty in addressing exceptional situations.
10. Article 250 – Power of Parliament to legislate with respect to any matter in the State List if a Proclamation of Emergency is in operation:
A. Emergency Legislative Powers:
- Article 250 empowers Parliament to legislate on State List matters during a Proclamation of Emergency. This reinforces the exceptional legislative authority of Parliament in times of crisis.
Conclusion:
The sovereignty of Parliament in India is deeply embedded in the constitutional framework, with various articles emphasizing its legislative, procedural, and internal autonomy. These provisions collectively establish Parliament as the supreme legislative authority, enabling it to fulfill its constitutional responsibilities. The concept of parliamentary sovereignty is integral to the functioning of the Indian democratic system.
