Prelims 2021 · Polity and Constitution · Question 77
We adopted parliamentary democracy based on the British model, but how does our model differ from that model?
- As regards legislation, the British Parliament is supreme or sovereign but in India, the power of the Parliament to legislate is limited.
- 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.
Answer
Both 1 and 2
1. Correct. In Britain, Parliament is legally sovereign; in India, Parliament is limited by the written Constitution, federal distribution of powers, fundamental rights, and judicial review.
2. Correct. In India, questions involving the constitutional validity of parliamentary amendments/laws are decided by the Supreme Court, and substantial constitutional questions are heard by a Constitution Bench under Article 145(3). This reflects a structural difference from the British model, where Parliament is supreme and courts do not strike down Acts of Parliament.
Answer: (c) Both 1 and 2.