Comparison between Indian and British Parliament

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There is a natural tendency to compare the Parliament of India with the British parliament.

But our Parliament and parliamentary institutions and procedures are not a copy of the Westminster system. There are fundamental differences between their system and our system.

British Parliament has grown through some three hundred years of history. In Britain, it can be the only institution which exercises sovereign powers and on which there are no limits because there is no written constitution.

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In our system, we have a written constitution and powers and authorities of every organ of Government and every functionary are only as defined and delimited by the constitutional document.

The power of Parliament itself is also clearly defined and delimited by the constitution. Within its own sphere, Parliament is supreme.

Also, Parliament is the representative institution of the people. But it is not sovereign in the sense in which the British Parliament is sovereign and can | do or undo anything. The point is that in the sense of constitutional sovereignty, their powers are not limited by a constitutional document.

Where as ours are Also, our constitutional document provides for fundamental rights of the individual and they are justiciable in courts of law. And any law passed by Parliament which abridges if any of the fundamental rights can be declared ultra wires by the courts.

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The courts adjudicate the disputes and for doing so, they can interpret the constitution and the laws. Also Parliament has the constituent powers and within certain limitations it can suitably; amend the constitution.

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