SYNOPSIS

of

COMPARATIVE STUDY BETWEEN UK & INDIA ON PARLIAMENTARY SYSTEM

Abstract

“Parliament…has, under the English constitution, the right to make or unmake any law
whatsoever; and, further, …no person or body is recognised by the law of England as having
the right to override or set aside the legislation of Parliament.”

A V Dicey

In almost all the democracy there are three organs of the government viz. Legislative,
Executive and Judiciary. Each organ of the government has separate role to play. This is also
known as separation of powers between several organs of the government. Legislative makes
laws for the country, executive enforces that law, and judiciary interprets those laws.
Although the contours of each organ is mostly defined but there are chances when one organ
sometimes breach into the territory of the other organ of the government. And that organ of
the government accepts that interference of the other organ. In some countries where
judiciary is supreme like that of United States of America; it is known as judicial Supremacy.
While those countries where legislative is supreme like in the case of United Kingdom; it is
known as parliamentary supremacy. It is also sometime referred as parliamentary sovereignty.
Parliamentary sovereignty means the parliament has power to enact and repeal any laws
which places it above the executive and judicial government agencies. This paper attempts to
see the parliamentary from of government in United Kingdom and how it is different from
the power of parliament in India.

Research Question

The question which shall be tried to answered through this research are:

 What is Parliamentary System and how it evolved?

 What is the concept of Parliamentary sovereignty and its restrictions and criticism?
 How different Parliamentary system of India is from UK?
  What is Parliamentary Supremacy in India and how parliament is in tussle with
Supreme Court?

Research Methodology

The Research methodology used in this assignment is ‘Doctrinal Method.’ For understanding
the concept and arriving to the conclusion in this research paper, the researcher has relied
upon the various literature as mentioned above and took the help of various articles authored
by other researchers.

Tentative Chaptalization Scheme

1. Introduction of Parliamentary System in India

2. Evolution of Parliamentary System in Britian
 Ingredients of Parliamentary System
 Restriction on the sovereignty of parliament
3. Difference between American and british model
4. Parliamentary Supremacy in India
5. Parliamentary vs. Supreme court of India
6. Conclusion