We adopted parliamentary democracy based on the British model, but how

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.

1 only
2 only
Both 1 and 2
Neither 1 nor 2
This question was previously asked in
UPSC IAS – 2021
The correct answer is C) Both 1 and 2.
Statement 1 is correct. The British Parliament is considered supreme or sovereign in the sense that there is no codified constitution against which its laws can be tested for validity by the judiciary. In India, the power of the Parliament to legislate is limited by the written Constitution, Fundamental Rights, Directive Principles, federal structure, etc., and its laws are subject to judicial review by the Supreme Court and High Courts.
Statement 2 is correct. According to Article 145(3) of the Constitution of India, any case involving a substantial question of law as to the interpretation of the Constitution or for the purpose of hearing any reference made by the President under Article 143 shall be heard by a Bench consisting of not less than five Judges (a Constitution Bench). Matters relating to the constitutionality of Acts of Parliament or Constitutional Amendments fall under this category and are referred to a Constitution Bench by the Supreme Court.
The Indian parliamentary system, while based on the British model, incorporates unique features like judicial review (a strong, independent judiciary with the power to interpret the constitution and strike down laws) and a codified federal constitution, which significantly limit parliamentary sovereignty compared to the UK model.