Following are the factors that limit the sovereignty of Indian Parliament are:
Written Nature of the Constitution:
- The Constitution is the fundamental law of the land in our country. Parliament has to operate within the limits prescribed by the Constitution.
Federal System of Government:
- India has a federal system of government with a constitutional division of powers between the Union and the states. Both have to operate within the spheres allotted to them. Hence, the law-making authority of the Parliament gets confined to the subjects enumerated in the Union List and Concurrent List.
System of Judicial Review:
- The adoption of an independent Judiciary with the power of judicial review also restricts the supremacy of our Parliament. Both the Supreme Court and High Courts can declare the laws enacted by the Parliament as void and ultra vires.
- The authority of the Parliament is also restricted by the incorporation of a code of justiciable fundamental rights under Part III of the Constitution. Article 13 prohibits the State from making a law that either takes away totally or abrogates in part a fundamental right. Hence, a Parliamentary law that contravenes the fundamental rights shall be void.