THE BRITISH PARLIAMENT

1. Introduction
2. The British Parliament

a. Composition of the Parliament.

b. Sovereignty of the Parliament

3. The House of Lords

a. Composition of the House of Lords
b. Powers and Functions of the House of Lords

4. The House of Commons

a. Composition of the House of Commons
b. Powers and Functions of the House of Commons

5. Declining Role of the Parliament

6. Conclusion

INTRODUCTION

The Parliament is the supreme legislative body in Britain. But it does not necessarily work only
as a legislative wing of the government; it is supreme and has enormous power. It has
tremendous powers in making laws, fixing taxation policy, sanctioning war and peace,
controlling governmental machinery and so on. That is why De Lolme says that “The British
Parliament can do everything but make woman a man and man a woman.” It is the oldest
Parliament in the world and hence is regarded as the mother of all Parliaments. It is composed of
two Houses besides the King (Queen). This unit will introduce you to the growth, powers and
functions of the Parliament of Britain. Besides, it will also help you to find out the changing role
of the two Houses of the Parliament in the process of evolution of the Parliament itself.
THE BRITISH PARLIAMENT
The British Parliament is one of the remarkable and most successful Parliaments in the world. Its
growth is gradual and in many phases of history its development is haphazard too. In the absence
of separation of power the Parliament in Britain works in close relationship with the executive
and judiciary.

COMPOSITION OF THE PARLIAMENT

The British Parliament consists of the King and two houses. The Upper House is known as the
House of Lords and the Lower House is called as the House of Commons. The former is a
symbol of aristocracy, while the latter is a representative of people. The former is much bigger in
composition, but regarding the power and function, the lower house exerts much more influence.

SOVEREIGNTY OF THE BRITISH PARLIAMENT

Sovereignty of the British Parliament means that the Parliament in Britain can make, unmake or
amend any law on any subject. It is supreme in its exercise of law making power. The law made
by it cannot be amended or overruled by any institution. There is no provision for judicial review
in Britain i.e. judiciary cannot declare any law made by the Parliament asunconstitutional. The
British Parliament had been in continuous struggle with the Kings to determine its sovereignty.
Parliamentary sovereignty in Britain had passed through the three following landmark events-
The first landmark was when the Parliament resolved in December 1648 to bring King Charles I
to trial who was ultimately executed in 1649. Parliament even abolished Monarchy and declared
England to be a commonwealth by its Act. Again in 1660, the Parliament restored Charles II to
the throne on the condition of his co-operation with the Parliament.

The second landmark is the Glorious Revolution of 1688 when James II, failing to co- operate
with the Parliament was made to abdicate. Parliament supported the coming of William of
Orange to save the rights of the British people against King James II. Parliament also determined
by the Bill of Rights of 1689, not only who should reign next but also on what condition he
should reign. The Act of Settlement of 1701 was passed to determine the succession to the
throne. The third landmark is the year of 1783 when younger Pitt became the Prime Minister
and the king ceased to choose and dismiss his ministers. The Cabinet system has become
stronger and for each and every work ministers become responsible to the Parliament.

Though the Parliament is supreme and has unlimited authority in its law making capacity, yet
there are a number of restrictions and limitations on its power and functions some of which are-
There are some moral limitations standing before the Parliament. It cannot pass a law which is
against the established codes of private or public morality. No law can be made which is against
the convention of the country, unless and until the general public wants it. The prevalent system
of Rule of Law also puts limitation on the sovereignty of the Parliament. Under Rule of Law
every British citizen is equal before law, and his or her rights are derived from it. The Parliament
cannot make any law which is against this Rule of Law. 19 Parliament cannot make any law
which is not supported by its public opinion. Every act of the Parliament must have support from
people.

Parliament does not have any right to violate any international law. Every Act of the Parliament
must be in conformity with the principles of International Law. The increasing function of the
government in recent times has made it imperative for the executive to make laws when the
Parliament is not in session. Law making power has now been delegated to the executive to meet
the emergencies. Delegated legislation has the force of law. The Statute of Westminster of 1931
also puts a limitation on the sovereignty of the parliament. It makes it clear that any Act of the
Parliament made after 1931 cannot be operational in any British Dominion without the assent of
the Dominion. Thus it is apparent that though British Parliament may seem to enjoy unlimited
power, yet in reality it is bound by the above mentioned factors like rule of law, public opinion,
international law and the like. Hence sovereignty of the Parliament is not absolute and is
exercised as per the wishes of the people.

THE HOUSE OF LORDS

The House of Lords is the Upper House of the British Parliament. It is the oldest second chamber
in the world. It is basically a hereditary institution representing the royal and aristocratic
segments of the population.
COMPOSITION OF HOUSE OF LORDS

The membership of the House of Lords is not fixed. It has more than 1100 members and this
number varies through deaths and creation of new peers. As of May 2009, the House of Lords
had 738 members. It is a permanent chamber and most of the peers hold office for the whole life.
All these members are grouped in the following seven distinct categories- Princes of the Royal
Blood: Now-a-days they do not take part in the proceedings of the House. This category of peers
includes all such male members of the Royal family who have attained maturity and are within
the specified degrees of relationship and are conferred the title of Duke.

Hereditary Peers: Hereditary peers constitute the majority of the members of the House of
Lords. About 90% of the members of the House of Lords are from this category. The Crown can
create unlimited numbers of peers from this category. But certain classes of people like- persons
below 18 years of age, aliens, bankrupts, persons serving a sentence on conviction of felony or
treason and women are excluded from its membership. Since 1963 women have been included in
this category. Under the Peerage Act of 1963, anyone succeeding to Peerage, may within twelve
months of succession, disclaim that peerage and in that case they are eligible for contesting
election to the House of Commons.

Representative Peers of Scotland: All the Scottish peers have been admitted on hereditary
basis since 1963. Originally their number was 16 and were elected by the Scottish peers in
accordance with the provisions of the Treaty of Union, 1707. But Peerage Act of 1963 abolished
the election system. Representative Peers of Ireland: Originally there were 28 Irish
representatives but since 1922, when Ireland was declared a free state, no new peers have been
created. Now not a single Irish peer remains the members of the House of Lords. Lords of
Appeal in Ordinary or Law Lords: There are altogether 21 law lords who are appointed by the
Crown from distinguished jurists.

Lords Spiritual: There are altogether 26 Lords Spiritual. Two are Archbishops of York and
Canterbury and 24 are senior bishops of the Church of England.
Life Peers: They are created under the provisions of the Life Peerage Act 1958. They are the
persons who have held high offices in the state and have since retired like ministers and the like.
Both Houses of the Parliament are summoned simultaneously and prorogued together bur
adjourned separately. House of Lords meets four days a week. Lord Chancellor is the presiding
officer of the House of Lords who sits on the woolsack. He is appointed by the Queen on the
recommendation of the Prime Minister. He has a very limited power. But he acts as an adviser to
the Queen. The Lord Chancellor does not have a casting vote.

THE POWERS AND FUNCTIONS OF HOUSE OF LORDS

The British Parliament started to work as an advisory body of the Monarch without any
legislative power. But gradually Parliament started to claim its power and authority. In the
process there emerged a question as to which House of the parliament is to exercise power more.
The struggle between the two Houses ultimately led to the passage of the Parliament Act of 1911
which virtually abolished the power of the Lords either to amend or reject a money bill. Until
then the House of Lords used to enjoy equal power with the House of Commons in law making
process but the Act of 1911 also curtailed its power over ordinary legislation.

The Parliament Act 1911 gave more powers to the House of Commons. It has significantly
curtailed the powers of the House of Lords in the following way- It has made it clear that House
of Commons has the only power over the money bill. It declares that a money bill can be
presented to the King for his assent even if the House of Lords does not assent to it, provided it
was sent to the House of Lords from the House of Commons one month before the end of the
session. A Bill passed by the House of Commons in three successive session and each time
rejected by the House of Lords might be presented to the king for his approval provided that two
years have elapsed between the initial proceedings of the Bill in the House of Commons and its
final passing in that House in the third session.

The second provision has been further modified by the Amendment Act of 1949 which further
curtailed the powers of the House of Lords. It says that a bill becomes law despite its having
been rejected by the House of Lords if it has been passed by the House of Commons in two
successive sessions and there is the one year gap between the date of its second reading in the
House of Commons and the final date on which it is passed by the House of Commons for the
second time. The present power of the House of Lords as determined by the Parliament Act of
1911, amended in 1949 may be mentioned in the following way: Executive Powers: The
members of the House of Lords have the power to put questions, to elicit information from the
administration and can also have debates on 22 governmental policies. This debate influences the
public. Some of the members of the House of Lords are included in the cabinet but the cabinet
ministers are neither individually nor collectively responsible to the House of Lords. The House
of Lords cannot pass a no confidence motion against the government and remove the ministry
from power. Legislative powers: The legislative power of the House of Lords is also limited. A
non money bill may be introduced in the House of Lords but still 90% of the bills are introduced
in the House of Commons. A non money bill passed by the House of Commons in two
successive sessions with an interval of at least one year between its first reading in the first
session and the last reading in the second session becomes a law having received the royal assent
even if it is rejected by the House of Lords. Financial Powers: In financial matter the House of
Lords is very ineffective. The money bill cannot be introduced here. If a money bill passed by
the House of Commons is sent to the House of Lords and the latter disapproves it and withholds
its assent to the bill for more than a month, the bill is presented to the Queen for approval and
becomes a law afterwards. Judicial Powers: The House of Lords is the highest court of appeal in
the country but all members do not participate as a court. Only the Law Lords participate when
the house sits as a court. Earlier it used to make trial of impeachment cases on charges preferred
by the House of Commons. But with the acceptance of the principle of ministerial responsibility
this power of the House of Lords has become obsolete. These are the present powers and
functions that can be exercised by the House of Lords. And because of this limited role many
scholars either want to abolish or reform it.

That is the reason why it has drawn criticism in Britain. Criticisms against the House of Lords:
The following are some of the criticisms leveled against the House of Lords– The existence of
the institution of the House of Lords very clearly depicts the existence of anachronism in the
midst of democracy. The members of the House of Lords are basically from the royal family
who are not the representatives of the people. The marginal attendance of the Lords shows their
indifference to the political happenings of the country.

Generally eighty to ninety peers participate in the decisions of the House of Lords. One half of
its members have never spoken a single word. The quorum for conducting ordinary business is
only three. Thus, most of the members do not attend the meetings of the House. The House of
Lords is always more inclined to one party i.e. the Conservative party. It is this party that wants
to keep the House of Lords unaltered and it is the House of Lords that wants to pass all the bills
proposed by the Conservative party. As Laski says “It has always supported the interest of one
party. The Conservative party may be in power or not but in the House of Lords it has always
been in majority.” It represents the interest of the landed aristocracy. Property is the basis of the
membership in the House of Lords.

Some of them are related with the main industries of the country, some of them with real estate
and many of them get membership through marriage or business relation with the conservative
members in the House of Commons. It basically looks after the interest of the rich people, not
the common people. The above are some of the major criticisms against the House of Lords. Yet
it has been in existence for the last many centuries. People have accepted it even though it is not
in tune with democracy. Like many other countries such as the United States of America, France
or India where there is the provision for a second chamber, in Britain too, the House of Lords
fulfils the place of the upper House of the Parliament. It is not altogether a useless chamber - it
has the right to ask questions to the ministers and can also discuss any governmental policy. In
the process it crystallizes public opinion. In the absence of a supreme court, it accomplishes
important judicial function as the highest court of appeal.

The House of Lords also saves the time of the House of Commons by initiating non controversial
Private bills. All these factors are responsible for the existence of this oldest second chamber in
Britain. And despite a determined policy of the Labour party to abolish it and Liberal party’s
attempt to substitute for it a second chamber constituted on popular basis, the House of Lords
still exists in its earlier form with a change brought by the Parliament Act of 1911 and its
amendment in 1949.
THE HOUSE OF COMMONS
It is the Lower House in the British Parliament. The House of Commons is the body constituted
by the representatives of the people.

COMPOSITION OF HOUSE OF COMMONS

The lower House of the British Parliament I.e. the House of Commons is purely an elected body
having more than 650 seats. Among these seats England has the highest share of about 523 seats,
followed by Scotland with 72 seats, Wales with 38 seats and Northern Ireland with 17 seats. The
representatives of the House are elected by the British citizens above the age of 18, on the basis
of universal adult franchise.

All British citizens above the age of twenty one can contest election for a seat in the House of
Commons. Certain categories of persons are excluded from contesting election like minors,
bankrupts, lunatics, criminals, Clergymen of three historic churches, peers of England, Scotland,
Wales or holders of profits under the Crown.
The House of Commons has a term of five years unless dissolved by the Queen/King on the
advice of the Prime Minister. During emergency the term of the House may be extended. For
instance, The House of Commons elected in 1910 continued to function till 1918 and also the
HOC elected in 1935, continued till 1945 due to emergency situation. The Speaker is the
presiding officer of the House who is selected by the members from amongst themselves. Earlier
he used to work as a nominee of the King but since 17th century he started to work as “a man of
the House” instead of “a man of the King”.

He continues to be a political figure till the 19th century, but now he works as a neutral and non-
partisan person, neither as a member of the majority nor the minority. In fact his neutrality lies in
the fact that the Speaker gives up his party affiliation after being elected for the same. To
establish this neutrality a convention has developed that “once a Speaker, always a Speaker” i.e.
once elected, the Speaker is reelected time and again so long as he wants to hold the office. On
his re-election he becomes the Speaker again. The Speaker in Britain has enormous powers in
hands. He presides over the meetings of the House, maintains order and decorum in the House,
protects the rights and privileges of the members, and certifies the money bill and the like. He
also has casting vote in case of a tie. The impartial and neutral role performed by the Speaker has
made the position of the Speaker in a upper pedestal than his Indian or American counterpart.
The first Speaker known to have been chosen is Sir Thomas De Hungerford in the year 1377.
POWERS AND FUNCTIONS OF HOUSE OF COMMONS

The House of Commons exercises tremendous power and authority in the Parliamentary system
of Britain. It has wide ranging powers starting from legislative to judicial powers. These powers
are discussed under the following heads- Legislative powers: In a unitary system of government
law making on all subjects and for all people is done by its legislature. In Britain this function is
invariably performed by the Parliament. Earlier, both Houses of the Parliament used to have co
equal powers over the ordinary laws, but since the passage of the Parliament Act of 1911, the
House of Commons has assumed more power over general legislation.

Though such bill can originate in either house of the parliament, yet almost majority of the bills
have their origin in the House of Commons. If a bill is passed by the House of Commons, it is
sent to the House of Lords which passes the bill with or without amendment. It is the discretion
of the House of Commons whether to accept or reject the proposed modification. The House of
Lords can just delay the passage of the bill but it cannot reject the bill altogether. If a bill
originates in the House of Lords and sent to the Commons for approval it is the discretion of the
House of Commons to accept or reject the bill. Thus, the House of Commons has more power in
the law making of the Parliament.

Financial Powers: The British Parliament exerts great powers in the financial matters of the
country. The finance of the nation and all financial deals of the country are controlled and
managed by the Parliament and in turn by the House of Commons. The Parliament Act of 1911
entrusts more financial power on the House of Commons. This can be enlisted under the
following heads

i) A money bill and the budget can be introduced only in the House of Commons.
ii) It is the prerogative of the Speaker of the House of Commons to decide whether a bill is
money bill or not.

iii) A money bill passed by the House of Commons goes to the House of Lords which can only
delay the bill for a maximum period of one month. After that, the bill is taken as passed by the
House and sent to the Queen for her assent.

(iii) The Queen has no veto power to reject the bill. Thus the passage of the money bill depends
entirely on the House of Commons
. iv) No tax can be levied or collected without the consent of the House of Commons.

v) The House of Commons allocates funds to the different departments of the

governments.

Executive Powers: The House of Commons uses its power over the real executive of the
country. The executive body, i.e. the minister is individually and their cabinet is collectively
responsible to the House of Commons. Through its various means the House of Commons puts a
check on the ministries so that they cannot work arbitrarily. The most powerful way to ensure
responsibility of the ministry is the no confidence motion taken by the House of Commons.
Every decision of the Cabinet and every policy taken by the government must have the support
of the members of the House of Commons; otherwise in every circumstances of the contrary
view of the majority members, the House of Commons can take up this motion. By this way it
may bind the government to resign in case the ministry fails to get majority support.
The members of the House of Commons can put questions and supplementary questions to the
ministers. The ministers are bound to reply to these questions. Questioning in the House of
Commons fulfils the constant demand of information about governmental policies. It brings into
light the work of various departments under public scrutiny. Debate on the reply to the King’s
(Queen’s) “Gracious Speech” by the opposition also highlights the activities of the government.
Discussion on the public finance, foreign policy also checks the authority of the executive.
Investigation committee instituted by the House of Commons also scrutinizes the working of the
governmental departments. Judicial Powers: The House of Commons in its judicial capacity
recommends the Monarch to remove a judge. It can punish the person guilty of the contempt of
the House.
It can investigate all the cases involving breach of privileges of its members and punish the
guilty. Constituent Powers: The House of Commons can pass a constitutional law just like an
ordinary bill. In this way it can amend the constitution. Thus, the House of Commons exercises
tremendous power, authority and influence in the Parliamentary system of Great Britain. It is one
of the strongest lower houses in the world.
DECLINING THE ROLE OF PARLIAMENT

With the growth of the Cabinet system, the British Parliament is losing much of its earlier power
and authority. Now the Parliament has to work much to the wishes of the Cabinet. The factors
responsible for the declining role of the Parliament may be summarized as follows- The House
of Commons cannot work efficiently as it has heavy burden of work and responsibility.
That is why many functions earlier performed by the Parliament are now done by the Cabinet.
The legislative works have increased and due to the lack of time some laws are left to be taken
by the executive for the swift run of administration. Here comes the issue of delegated
legislation. Again, the existence of two party system ensures a stable tenure for the government.
So, the House of Commons cannot bind the ruling party to resign every time. But it does not
necessarily mean that the Parliament is losing power and influence. In fact the use of no
confidence motion, cut motion and parliamentary debates exhibit the influence of the Parliament
even today.

CONCLUSION

The unique features of the British Parliament have been accepted by different countries including
India. The Parliamentary system with its unitary form has assigned a higher position to the
British Parliament. Today with the declining role of the House of Lords, the House of Commons
has been used interchangeably with that of the Parliament itself. Even with the growth of
delegated legislation, cabinet dictatorship, the political significance of the British Parliament has
not been reduced. Even today also Parliament being a body, representing the wishes of the
people occupies a higher position of power and responsibility and here lies the democratic value
of the Parliament in the political system of Britain.

IMPORTANT FEATURES OF LEGISLATURE

Essential differences between the two systems
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 ours. British Parliament has
grown through some three hundred years of history.
In Britain, the Parliament can said to be the only institution, which exercises sovereign powers
and on which there are no limits because there is no written constitution. India, on the other
hand, has a written constitution. Powers and authorities of every organ of the 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.
However, within its own sphere, the Parliament is supreme. Also, Parliament is a 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. Moreover, our
constitutional document provides for fundamental rights of the individual, which are justiciable
in courts of law. And any law passed by the Parliament, which abridges any of the fundamental
rights can be declared ultra vires by the courts. The courts adjudicate the disputes and while
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. The British
Parliament is bicameral, that is there are two houses or chambers – The House of Lords (strength
not fixed) and The House of Commons (strength fixed at 650 members). The House of Lords has
hereditary members. Moreover, it has the largest number of Life Peers, Church/Religious peers
(Ecclesiastical Peers) and Law Lords
.
The House of Lords
The House of Lords is the second chamber, or upper house, of the United Kingdom’s bi-cameral
(two chamber) Parliament. Together with the House of Commons and the Crown, the House of
Lords form the UK Parliament. There are four types of members of the house:

1. Life peers: These make up the majority of the membership. The power to appoint belongs
formally to the Crown, but members are essentially created by the Queen on the advice of the
Prime Minister. Life peers’ titles cease on death.
2. Law lords: Up to 12 Lords of Appeal in Ordinary are specially appointed to hear appeals
from the lower courts. They are salaried and can continue to hear appeals until they are 70 years
of age.
3. Bishops: The Anglican Archbishops of Canterbury and York, the Bishops of Durham,
London and Winchester and the 21 senior Diocesan Bishops from other dioceses of the Church
of England hold seats in the House. This is because the Church of England is the ‘established’
Church of the State. When they retire the bishops stop being members of the House.
4. Elected Hereditary peers: The House of Lords Act, 1999 ended the right of hereditary peers
to sit and vote in the House of Lords. Until then there had been about 700 hereditary members.
While the Bill was being considered, an amendment was passed (known as the Weatherill
amendment after Lord Weatherill who proposed it), which enabled 92 of the existing hereditary
peers to remain as members. The House of Lords can propose and make changes, known as
amendments.
However its powers are limited; if it doesn’t approve of a piece of legislation, it can only delay
its passage into law for up to a year. After that, there are rules to ensure that the wishes of the
House of Commons and the Government of the day prevail. In fact, the House of Lords could be
labeled as one of the weakest upper house in the world. Since the passage of the Act of 1919 and
1949, the House of Lords has lost all real legislative powers. It is simply a delaying chamber
now. It can delay an ordinary bill for a maximum period of one year and money bill for a
maximum period of one month.

In comparison to Rajya Sabha, the House of Lords is a weak house. Rajya Sabha has equal
powers with Lok Sabha, as far as an ordinary bill is concerned (though, there is provision of a
joint session, but it is an extraordinary device). Rajya Sabha has equal power with Lok Sabha as
far as the amendment of the Constitution is concerned. Rajya Sabha is also a delaying chamber,
like the House of Lords, as far as a Money Bill is concerned. Rajya Sabha can delay the bill for a
maximum of fourteen days. Rajya Sabha does have some special powers, which are not available
to Lok Sabha; for example: Articles 249 and 312.

Comparison between the House of Lords and Senate of USA

Senate is called as the strongest Upper House. It enjoys equal power with the House of
Representative in the context of an Ordinary Bill, a Constitutional Bill and even in passage of a
Money Bill. It is customary to introduce Money Bill in the Lower House. The Senate also
enjoys some special powers not available to the House of Representatives. For example,
ratification of international treaties, ratification of higher appointments. The House of Lords did
enjoy a privilege that it used to be the highest Court of Appeal in Britain. But this has now
ceased to exist, as the Supreme Court has been created by the Constitutional Reform Act, 2005
(SC established in 2009).

THE HOUSE OF COMMONS

This is the lower chamber, but the one with most authority. It is chaired by the Speaker. Unlike
the Speaker in the US House of Representatives, the post is non-political and indeed, by
convention, the political parties do not contest the Parliamentary constituency held by the
Speaker. The number of members varies slightly from time to time to reflect population change.
In modern practice, the Prime Minister is the head of the Government and is always a member of
the majority party or coalition in the House of Commons.

The Cabinet comprises primarily leading House of Commons Members of the majority, although
Members of the House of Lords have served as Cabinet ministers. In fact, designating someone
outside Parliament as a “life peer” has been one recent means of bringing someone essentially
from private life into the Government. The Prime Minister, although head of the Government
and an MP, is now not usually the Leader of the House of Commons. The Leader of the House of
Commons, a member of the Government, is the chief spokesman for the majority party on
matters of the internal operation of the House of Commons. The Office of the Leader issues
announcements of the impending House of Commons schedule, and a routine inquiry from the
Opposition’s counterpart serves as an occasion for the Leader to announce the business for the
next two weeks of session. In the House of Commons, party organizations (akin to the
Republican Conference or Democratic Caucus) meet regularly to discuss policy, and to provide
an opportunity for backbench party members to voice their views to ministers or shadow cabinet
members in a private forum. The Position of Speaker of the House of Commons and its
Comparison with the Indian and American Speaker
Features of British Speaker

The position of the Speaker is a position of great prestige and dignity. In UK, there is a
convention that once a Speaker, always a Speaker. It means that a Speaker’s constituency is
unchallenged. Once a person is appointed as a Speaker he gives formal resignation from his
political parties. He has a casting vote and ultimate disciplinary powers with respect to the
conduct of the House and MPs. US Speaker (Speaker of House of Representatives) He is
expected to be a party man, not expected to be neutral; instead he favours his party. He does not
have final disciplinary powers, which lie with the House itself. In USA, the Speaker can vote in
the beginning.
Speaker of Lok Sabha
Though our position is midway between the British and the US model, it is theoretically closer to
the British model. But similar conventions do not exist. For instance: It is not necessary for the
Speaker to resign from his party If he decides to resign, he will not be disqualified under the
Anti-defection law. No convention in India that he will be elected uncontested. Judiciary Under
the doctrine of Parliamentary sovereignty, the judiciary lacks the intrinsic power to strike down
an Act of Parliament. However, the subordination of common law to statute law does not mean
the subordination of the Judiciary to the executive. Courts in Britain retain certain powers: Of
interpreting the precise meaning of a statute. Of reviewing the actions of ministers and other
public officials by applying the doctrine of ultra vires (beyond powers).
Of applying the concept of natural justice to the actions of ministers and others. Because
Parliament is sovereign, the government can seek to overturn the decisions of the courts by
passing amendment legislation. The power of judicial review provides the judiciary with a
potentially significant role in the policy process. In recent decades, there has been an upsurge in
judicial activism for several reasons: Judges have been more willing to review and quash
ministerial action British membership of the EU The incorporation of the ECHR (European
Convention on Human Rights) into domestic law Devolution of powers to elected assemblies in
Scotland, Wales and Northern Ireland The creation of a Supreme Court in 2009.

Comparison between the Indian and British Judiciary

Differences
1. In case of British system, the lack of concept of ‘Basic Structure’ makes amending power of
the Parliament supersede any judicial pronouncement. Whereas, in case of the Indian Judiciary
system, the concept of ‘Basic Structure’ has provided a potent tool to Judiciary by which it can
scuttle down any Executive or Legislative action, which it deems as against the basic spirit of the
Constitution.
2. British legal system is completely based on ‘Common Law System’. Common Law System
implies that law is developed by the judges through their decisions, orders, or judgments (also
referred to as precedents). However, unlike the British system, which is entirely based on the
Common Law System, where it had originated from, the Indian system incorporates the
Common Law System along with the statutory and regulatory laws.

Similarities
1. The actions of Executive can be declared ultra vires in both the systems
2. The judiciary is considered the highest interpreter of the Constitution
3. Off late, there has been a splurge in judicial activism in Britain and judiciary is becoming
more and more active.
Note: By Constitutional Reform Act, 2005 the Supreme Court has come into existence as the
highest Court of Appeal. A National Judicial Appointment Commission has also been
introduced.