Question
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
(d) Neither 1 nor 2
Answer:
C
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Explanation:
In the British model, the Parliament is considered supreme or sovereign, meaning it has the ultimate authority to make and amend laws. However, in India, the power of the Parliament to legislate is limited by the Constitution. The Indian Parliament cannot make laws that violate the provisions of the Constitution.
In India, matters related to the constitutionality of the amendment of an Act passed by the Parliament are referred to a Constitution Bench by the Supreme Court. The Constitution Bench consists of a larger number of judges who collectively decide on the constitutionality of the amendment. This is a unique feature of the Indian model and distinguishes it from the British model.
Therefore, both statements 1 and 2 are correct, making the correct answer (c) Both 1 and 2.