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 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
Solution :
The correct answer is Both 1 and 2.
India adopted a parliamentary form of democracy largely modeled on the British system. However, there are fundamental differences between the Indian and British constitutional frameworks.
Analysis of Statement 1:
In the United Kingdom, Parliament enjoys legislative supremacy or parliamentary sovereignty. There is no written constitution that limits its powers, and courts cannot declare an Act of Parliament unconstitutional.
In India, Parliament is not supreme; the Constitution is supreme. The power of the Indian Parliament to legislate is limited by a written constitution, the distribution of powers between the Union and the States (federalism), fundamental rights, and judicial review. Hence, Statement 1 is correct.
Analysis of Statement 2:
Under Article 145(3) of the Indian Constitution, any case involving a substantial question of law as to the interpretation of the Constitution, including matters relating to the constitutionality of an Amendment or an Act of Parliament, must be heard by a bench consisting of at least five judges, known as the Constitution Bench of the Supreme Court. Hence, Statement 2 is correct.
Therefore, both statements 1 and 2 correctly highlight the differences and procedural mechanisms within the Indian model compared to the British model.
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