Question 4 from UPSC CSE 2021 - Polity & Governance

Question

We adopted parliamentary democracy based on the British model, but how does our model differ from that model?
1. As regards legislation, the British Parliament is supreme or sovereign, but in India, the power of the Parliament to legislate is limited.
2. In India, matters related to the constitutionality of the amendment of an Act of the Parliament are referred to the Constitution Bench by the Supreme Court.
Select the correct answer using the code given below.

Accepted Answer

Correct Option: C. Both 1 and 2

Strategy: Identify the distinction between UK parliamentary sovereignty and Indian constitutional supremacy to validate Statement 1. Recall the role of Indian Constitution Benches for constitutional interpretation to validate Statement 2. This confirms option C.

Key Info: **Key Constitutional Principles**

*   **UK Parliamentary Sovereignty**: The UK Parliament can make or unmake any law. No court can challenge the validity of its legislation, as there is no written constitution to limit its power.

*   **Indian Constitutional Supremacy**: The Indian Parliament operates under a written Constitution. All legislative actions must conform to the Constitution, and courts can invalidate laws that violate its provisions.

*   **Judicial Review and Constitution Benches**: The Indian Constitution establishes judicial review. Article 145(3) requires a minimum of five Supreme Court judges, known as a Constitution Bench, to decide cases involving substantial interpretation of the Constitution, such as the constitutionality of amendments. This serves as a critical check on legislative power, contrasting with the British model. Landmark cases like Kesavananda Bharati v. State of Kerala have been decided by such benches.

Answer

Option A: 1 only

Answer

Option B: 2 only

Answer

Option D: Neither 1 nor 2