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
Explanation
Britain follows “Parliamentary Sovereignty”, i.e., Parliament is supreme. But, India follows constitutional government where the power of Parliament to legislate is limited by the constitution. Hence statement 1 is correct. The provision for a Constitution bench has been provided in the Constitution of India under Article 143 and Article 145(3). It is the Chief Justice of India who is constitutionally authorized to constitute a constitution bench and refer cases to it. A constitution bench consists of at least five or more judges of the court which is set up to decide substantial questions of law with regard to the interpretation of the constitution in a case. Hence statement 2 is correct.