UPSC Prelims 2021 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.

Explanation:

• The Constitution of India has opted for the British Parliamentary System of Government rather than the American Presidential System of Government. The Parliamentary System is based on the principle of co-operation and co-ordination between the legislative and executive organs.
  
  
• The doctrine of ‘sovereignty of Parliament’ is associated with the British Parliament. Sovereignty means the supreme power within the State. That supreme power in Great Britain lies with the Parliament. There are no ‘legal’ restrictions on its authority and jurisdiction.
  
  
• The Indian Parliament, on the other hand, cannot be regarded as a sovereign body in the similar sense as there are ‘legal ‘restrictions on its authority and jurisdiction. Some of the factors that limit the sovereignty of Indian Parliament are the written nature of the Constitution, federal system of Government, system of judicial review, fundamental rights, etc. So, statement 1 is correct.
  
  
• In India, matters related to the constitutionality of an amendment of an act of the Parliament are referred to the Constitution Bench by the Supreme Court. As per the legal provisions, a Constitution Bench consists of a minimum of five judges and the number can go up to an odd number of seven, nine and so on. Article 145(3) says a minimum of five judges need to sit for deciding a case involving a “substantial question of law as to the interpretation of the Constitution”, or for hearing any reference under Article 143, which deals with the power of the President to consult the SC. So, statement 2 is correct.
  
  

Therefore, option (3) is the correct answer.

Subject: Polity | Parliament