Parliamentary Sovereignty and Accountability

Parliamentary sovereignty means that Parliament is the highest law-making body. It can make or repeal any law. In India, while Parliament is powerful, it is not absolutely sovereign. The Constitution is supreme, and the courts can review laws passed by Parliament to ensure they are constitutional. The concept is reflected in articles related to the powers and functions of Parliament, such as Article 79, Article 105, and Articles 107-111.

In practice, Parliament makes laws on various subjects. However, the Supreme Court can review these laws to ensure they don't violate the Constitution, especially fundamental rights. The government, which is formed by the majority party in Parliament, proposes most laws. Debates, question hour, and committees ensure some level of accountability.

The principle of accountability is upheld through:

• •Question Hour, where ministers answer questions from members of Parliament.
• •Zero Hour, where members can raise important issues without prior notice.
• •Parliamentary committees, which scrutinize government actions and bills.
• •The Public Accounts Committee, which examines government spending.

Limitations include:

• •The Constitution of India is supreme, not Parliament.
• •Fundamental Rights under Part III of the Constitution act as a check on parliamentary power.
• •Judicial review allows courts to strike down laws that violate the Constitution.
• •The basic structure doctrine limits Parliament's power to amend the Constitution.

It ensures that laws are made by elected representatives, reflecting the will of the people. Accountability mechanisms ensure that Parliament remains responsible to the citizens. A strong opposition is vital for holding the government accountable.

Challenges include:

• •Lack of effective scrutiny due to disruptions in Parliament.
• •Limited time for detailed examination of bills.
• •The government's majority often ensures passage of bills without significant changes.
• •Lack of awareness among citizens about parliamentary proceedings.

In the UK, Parliament is considered supreme and can make or unmake any law. In India, while Parliament is powerful, its powers are limited by the Constitution, fundamental rights, and judicial review. The UK does not have a written constitution like India.

Recent developments include:

• •Ongoing debates about the extent of judicial review.
• •Increased focus on strengthening parliamentary committees.
• •Efforts to improve transparency and access to information about parliamentary proceedings.

Delegated legislation is when Parliament gives some of its law-making power to other bodies, such as government departments. While Parliament remains supreme, it allows for more detailed rules to be made by experts. However, it can raise concerns about accountability if too much power is delegated.

Suggested reforms include:

• •Strengthening the role and resources of parliamentary committees.
• •Ensuring more time for debate and scrutiny of bills.
• •Improving access to information for citizens about parliamentary proceedings.
• •Making the government more responsive to parliamentary questions and concerns.

Important articles include:

• •Article 79, which deals with the constitution of Parliament.
• •Article 105, which deals with the powers, privileges, and immunities of Parliament and its members.
• •Articles 107-111, which deal with the legislative procedure in Parliament.

A common misconception is that Parliament is all-powerful and can do whatever it wants. In reality, its power is limited by the Constitution, fundamental rights, and judicial review. Another misconception is that judicial review undermines parliamentary sovereignty; in fact, it ensures that Parliament acts within its constitutional limits.