GS PrelimsPolityComparison of Indian Constitutional System with other Democracies2021 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: Option C
Explanation
1. Statement 1 is correct. A key difference between the British model and the Indian model of parliamentary democracy lies in the concept of sovereignty. The British Parliament operates under the principle of parliamentary sovereignty, meaning it is legally supreme and can make or unmake any law. In India, however, the Parliament's power to legislate is limited by the written Constitution, which establishes a system of checks and balances, including judicial review. Laws passed by the Indian Parliament must conform to the Constitution.
2. Statement 2 is correct. In India, the Supreme Court has the power of judicial review. Matters related to the constitutionality of any law, including an Amendment of an Act of the Parliament, can be challenged before the courts. Significant cases involving the interpretation of the Constitution or questioning the constitutionality of laws are often referred to a Constitution Bench (comprising five or more judges) of the Supreme Court for authoritative determination. This mechanism does not exist in the UK due to parliamentary sovereignty.
Therefore, both statements highlight valid differences between the Indian and British models.
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