Q. 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 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.
Why this Question) Important static concept about Indian democracy, Judicial review used by the Supreme Court in various cases like 97th Constitutional Amendment Act case (partially struck down by the court).
Exp) Option c is correct.
Statement 1 is correct. Parliamentary sovereignty is a principle of the UK constitution. It makes Parliament the supreme legal authority in the UK, which can create or end any law. Generally, the courts cannot overrule its legislation and no Parliament can pass laws that future Parliaments cannot change.
Indian Parliament is not a sovereign body like the British Parliament. The Indian Parliament may, in exercise of its constituent power, amend by way of addition, variation or repeal any provision of the Constitution in accordance with the procedure laid down for the purpose. However, the Parliament cannot amend those provisions which form the ‘basic structure’ of the Constitution. This was ruled by the Supreme Court in the Kesavananda Bharati case (1973).
Statement 2 is correct. In India, matters related to the constitutionality of an amendment of an act of the Parliament are referred to the Constitution Bench by the Supreme Court. A Constitution Bench is a bench of the Supreme Court having five or more judges on it. These benches are not a routine phenomenon. A vast majority of cases before the Supreme Court are heard and decided by a bench of two judges (called a Division Bench), and sometimes of three. Constitution Benches are set up when the case involves a substantial question of law pertaining to the interpretation of the Constitution (Article 145(3) of the Constitution, which mandates that such matters be heard by a bench of not less than five judges).
Presently, Constitution Benches are set up on an ad hoc basis as and when the need arises. The idea behind a Constitution Bench is clear: it is constituted in rare cases to decide important questions of fact or legal and/or constitutional interpretation.
Source) M Laxmikanth, 6th edition, Chapter 3 Salient features of the Constitution\