Civil Services Prep

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?<br/>1. As regards legislation, the British Parliament is supreme or sovereign but in India, the power of the Parliament to legislate is limited.<br/>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.<br/><br/>Select the correct answer using the code given below.

  1. 1 only
  2. 2 only
  3. Both 1 and 2
  4. Neither 1 nor 2

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.

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