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.
- (a) 1 only
- (b) 2 only
- (c) Both 1 and 2 ✓ UPSC's answer
- (d) Neither 1 nor 2
Why the answer is (c)
• Statement 1 is correct: the British Parliament is sovereign and no court can strike down its Acts, whereas India's Parliament is bound by a written Constitution, the federal division of powers, fundamental rights and judicial review.
• Statement 2 is correct: under Article 145(3), substantial questions of constitutional interpretation — including challenges to Acts and constitutional amendments — must be heard by a Constitution Bench of at least five judges (e.g. Kesavananda Bharati, 13 judges).
• India thus blends parliamentary government with constitutional supremacy, unlike Britain's parliamentary sovereignty.
• Hence both 1 and 2, option (c).
Why the other options are wrong
- (a) 1 only
- Statement 2 is also correct: Article 145(3) mandates Constitution Benches.
- (b) 2 only
- Statement 1 is also correct: India's Parliament is not sovereign.
- (d) Neither 1 nor 2
- Both statements are correct.
Asked in the GS Paper I of the UPSC Civil Services Preliminary Examination 2021, held on 10 October 2021. Question and answer key: Union Public Service Commission. Explanation: UPSC Answer Check.