Revision summary
Articles 245 and 246 make a legislature supreme on its constitutional list. Kesavananda and Minerva Mills deny unlimited amending power. Articles 13, 32, and 226 allow courts to void unconstitutional statutes. The NJAC judgment is an example of a constitutional amendment falling to basic structure review. India follows constitutional supremacy, not British parliamentary sovereignty.
Model answer
Introduction
In India the legislature may make law on subjects allotted to it, which is supremacy inside a domain. Sovereignty in the British sense would mean an uncommanded Parliament, and the Constitution rejects that model.
Body
Supremacy within the domain
- Article 245 lets Parliament make laws for the whole or any part of India, and a State legislature for the State, subject to the Constitution.
- Article 246 and the Seventh Schedule divide Union, State, and Concurrent lists, so each legislature is supreme on its list unless the Constitution says otherwise.
- Ordinary statutes bind the executive until they are amended or struck down, which is legislative supremacy over administration in that field.
Why it is not sovereign
- Kesavananda Bharati v. State of Kerala held that even constituent power cannot destroy the basic structure, so Parliament is not legally unlimited.
- Minerva Mills v. Union of India confirmed that limited amending power is itself part of the basic structure.
- Articles 13, 32, and 226 allow courts to strike down law that violates fundamental rights, as in the National Judicial Appointments Commission case.
- Federal limits, the President’s assent, and Rajya Sabha’s role on State matters further show that no House is a sovereign Crown-in-Parliament.
Examples
- A State cannot tax Union property as if it were a sovereign island; Union law on a Concurrent subject can override, under Article 254, in case of conflict.
- The United Kingdom’s Parliament is described as sovereign; India’s Parliament is a creature of a written Constitution.
Flow diagram
flowchart TD C[Constitution] --> L[Legislature on its list] C --> J[Judicial review] C --> B[Basic structure] L --> S[Supreme in domain] J --> N[Not sovereign] B --> N
Conclusion
The legislature is supreme inside the lists and procedures the Constitution gives it. It is not sovereign because judicial review, basic structure, and federal distribution all sit above any single House.
Quick related
Students also ask
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To what extent is it correct to say that the Inter-State Council can effectively resolve the disputes between the Union and the States? Write the answer with suitable examples.
Next question in the 2025 paper (Q4). View answer →
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Is Parliament sovereign after a two-thirds amendment?
No. Amendment power under Article 368 is still limited by the basic structure doctrine.
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Does supremacy of the legislature mean courts cannot review ordinary Acts?
No. Judicial review of legislation is a settled part of the constitutional design.
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