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.

1 only

2 only

Both 1 and 2

Neither 1 nor 2

APEDIA

UPSC Prelims

2021 • 10 Oct, 2021 • Paper-1

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.

Correct Answer

Both 1 and 2

Legislative Sovereignty: The British system operates on the principle of 'Parliamentary Sovereignty', meaning there is no written constitution to restrict legis......

💡 Analysis & Explanation

Legislative Sovereignty ▼

The British system operates on the principle of 'Parliamentary Sovereignty', meaning there is no written constitution to restrict legislative actions. Conversely, the Indian system operates under 'Constitutional Supremacy'. The legislative powers of the Indian Parliament are expressly limited by a written Constitution, federal distribution of powers, and Fundamental Rights. Hence, the first statement is precise.

Constitutional Adjudication ▼

According to Article 145(3) of the Indian Constitution, any substantial question of law concerning the interpretation of the Constitution, including challenges to legislative amendments, must be decided by a specialized Constitution Bench of the Supreme Court comprising at least five judges. Thus, the second statement is accurate.

Conclusion ▼

Both statements correctly distinguish the Indian framework from the British model.

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