UPSC CSE Prelims
Question 63
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 either 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 code given below.
View correct answer and explanation
Correct answer: C
Correct Option: C (Both 1 and 2)
Explanation: Unlike sovereign Westminster parliamentary supremacy, India’s Parliament is limited by the Constitution and judicial review. Constitution Bench hearings are required when cases raise substantial constitutional-interpretation questions.
Statement / Pair / Item-wise Analysis:
1. Correct / qualifies - British Parliament is legally sovereign, whereas India’s Parliament is subject to constitutional limits and review.
2. Correct / qualifies - Under Article 145(3), substantial questions on constitutional validity/interpretation are heard by at least five Supreme Court judges.
Option-wise Analysis:
A. Incorrect-omits valid item 2 (Under Article 145(3), substantial questions on constitutional validity/interpretation are heard by at least five Supreme Court judges).
B. Incorrect-omits valid item 1 (British Parliament is legally sovereign, whereas India’s Parliament is subject to constitutional limits and review).
C. Correct-selects exactly the supported statements/items: 1, 2.
D. Incorrect-omits valid item 1 (British Parliament is legally sovereign, whereas India’s Parliament is subject to constitutional limits and review); omits valid item 2 (Under Article 145(3), substantial questions on constitutional validity/interpretation are heard by at least five Supreme Court judges).
Review note: Not every amendment to an ordinary Act automatically requires a Constitution Bench; the substantial-constitutional-question threshold matters.