Patna, July 11: Justice Shiva Kirti Singh of the Supreme Court today said the legislature, including Parliament, cannot claim absolute power even when exercising parliamentary privileges.

The judge said though the legislature is sovereign in its own domain, it cannot supersede the Constitution of India and actions taken by it are subject to judicial review.

The apex court judge was speaking at the inaugural memorial lecture on the birth anniversary of former Legislative Council chairman Tarakant Jha on the topic "Extent of judicial review of parliamentary privileges and the Constitutions of India", in the city.

"Initially, the judiciary was hesitant in exercising its powers in matters related to parliamentary privileges. However, the judiciary has lately realised that everything was subject to the Constitution of India. Parliament is sovereign in its domain to ensure that laws are made in a free environment and without any external interference. However, this does not mean that Parliament can be an exception to the Constitution, which is applicable uniformly to all. Legislature and judiciary should function in a way to complement each other," said Justice Singh.

The judge, who has also been the former Chief Justice of Allahabad High Court, added that parliamentary privileges had not been very cordial and it was more of a duty than a right for the judiciary to question its functioning when the situation demanded.

"Legislature owes its powers to the Constitution, whereas judiciary is the guardian of the Constitution. Thus, judiciary is on a higher pedestal," he said.

He cited three examples of court cases related to parliamentary privileges to showcase the shift in judicial opinion in this regard in the post-Independence era. Speaking before the Supreme Court judge, Justice Iqbal Ahmad Ansari of Patna High Court threw light on the same three cases.

Other speakers pointed out a case in 2003 in which it was inferred from the judgment given by the apex court that the Parliament has no right to exercise absolute power and it is subject to judicial review.

Other dignitaries present at the occasion included Patna High Court Chief Justice L. Narasimha Reddy and Ram Balak Mahto, the Bihar advocate-general. Mahto said: "Privileges do not give unrestricted and uncontrolled power to Parliament."