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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