UPSC CSE Prelims
Democracy and Republic Previous Year Questions (PYQs)
Practice solved questions for Democracy and Republic with detailed step-by-step solutions, key insights, and trend analysis for UPSC CSE PRELIMS.
Solved Previous Year Questions
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Which one of the following factors constitutes the best safeguard of liberty in a liberal democracy?
Detailed Explanation:
Answer: Option 4 — Separation of powers
The doctrine of Separation of Powers, which divides governmental authority among the legislature, executive, and judiciary, constitutes the best safeguard of liberty in a liberal democracy. This separation prevents concentration of power in any single branch and ensures that each organ acts as a check and balance on the others, thereby protecting individual rights and freedoms from arbitrary state action.
📝 Short Notes: Separation of Powers
- Basic Principle: Division of governmental powers among three independent organs—Legislature (makes laws), Executive (implements laws), and Judiciary (interprets laws).
- Origin: Propounded by French philosopher Montesquieu in his work 'The Spirit of Laws' (1748) as essential for political liberty.
- Indian Context: India follows a system of checks and balances rather than strict separation. While functional separation exists, there is considerable overlap (e.g., Council of Ministers is part of both legislature and executive).
- Constitutional Provisions: Articles 50 (separation of judiciary from executive), 53 (executive power vested in President), 74 (Council of Ministers to aid President), and 121/211 (restrictions on discussing judicial conduct in legislature).
- Checks and Balances: Legislature controls executive through no-confidence motions and financial control; Judiciary reviews executive actions and legislative enactments through judicial review; Executive appoints judges and implements court decisions.
- Why Best Safeguard: Prevents tyranny by ensuring no single organ becomes all-powerful; protects individual liberty by distributing authority; enables accountability through mutual oversight.
We adopted parliamentary democracy based on the British model, but how does our model differ from that model?
- As regards legislation, the British Parliament is supreme or sovereign but in India, the power of the Parliament to legislate is limited.
- 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 codes given below.
Detailed Explanation:
Answer: Option 3 — Both 1 and 2
India adopted the parliamentary system from the British model but introduced significant modifications. The most crucial difference is that while the British Parliament enjoys absolute sovereignty, the Indian Parliament operates within constitutional limits, making the Constitution supreme rather than Parliament.
✅ Statement 1 – Correct: The British Parliament is supreme and sovereign with unlimited legislative powers, whereas in India, Parliament's legislative authority is limited by the Constitution. The judiciary can strike down Parliamentary laws if they violate constitutional provisions, establishing the supremacy of the Constitution over Parliament.
✅ Statement 2 – Correct: In India, matters concerning the constitutionality of Parliamentary Acts or Constitutional Amendments are referred to the Constitution Bench of the Supreme Court. This judicial review mechanism, absent in the British system, ensures that all legislation conforms to constitutional principles and basic structure.
📝 Short Notes: Parliamentary Democracy — British vs Indian Model
| Feature | British Model | Indian Model |
|---|---|---|
| Sovereignty | Parliamentary Sovereignty — Parliament is supreme | Constitutional Sovereignty — Constitution is supreme |
| Legislative Power | Unlimited; Parliament can make/unmake any law | Limited by Constitution; subject to judicial review |
| Judicial Review | No judicial review of Parliamentary legislation | Supreme Court can review and strike down unconstitutional laws |
| Written Constitution | Unwritten/uncodified constitution | Written and supreme Constitution |
| Constitutional Amendments | Simple legislative process; no special procedure | Special procedure under Article 368; subject to Basic Structure doctrine |
| Federal Structure | Unitary system | Federal system with distribution of powers |
- Basic Structure Doctrine: Established in Kesavananda Bharati case (1973), it limits Parliament's power to amend the Constitution by protecting its basic features
- Constitution Bench: Comprises at least 5 Supreme Court judges; hears matters involving substantial questions of constitutional interpretation
- Article 13: Declares laws inconsistent with Fundamental Rights void, establishing judicial review
- Rule of Law: Both models follow rule of law, but its application differs due to constitutional supremacy in India
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