Under the U.K. Parliamentary system, Parliament is supreme and sovereign. There are absolutely no limitations on its powers, at least in theory, inasmuch as there is no written Constitution, and the Judiciary has no power of judicial review of legislation.

In the US system, the Supreme Court with its power of judicial review and interpreting the Constitute has assumed supremacy.

In India, the Constitution has arrived at a middle course and a compromise between the British Sovereignty of Parliament and American Judicial Supremacy. As India has written Constitution and I powers and functions of every organ are defined and delimited by the Constitution, there is no question of any organ- not even Parliament- being sovereign.

Both Parliament and Supreme Court are supreme in their respective spheres. While the Supreme Court may declare a law passed by the Parliament ultra vires as being violative of the Constitute parliament may within certain restrictions amend most parts of the Constitution.


Our Constitutional forefathers have envisaged a close and harmonious relationship between highest Judiciary and the Parliament. The working of both the systems over the last fifty years has proved beyond doubt that the arrangements perfectly justified.