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 constitutionality of 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
Correct Answer: c) Both 1 and 2
Question from UPSC Prelims 2021 GS Paper
Explanation :
Parliamentary Democracies: India vs. United Kingdom
The parliamentary systems of India and the United Kingdom are fundamentally different in several ways. One of the most significant differences lies in the legislative powers and the concept of sovereignty.
Legislative Powers and Sovereignty
In the UK, the British Parliament is recognized as supreme or sovereign, adhering to the doctrine of parliamentary sovereignty. This means that the Parliament has the ultimate authority to create or repeal any law without legal restraint. In contrast, the Indian Parliament operates within the constraints of a written constitution, which limits its legislative capabilities and ensures that laws do not contravene constitutional provisions. Additionally, India’s federal structure divides legislative authority between the Union and state governments.
Constitutionality and Judicial Review
Another key difference is the role of the judiciary in reviewing the constitutionality of legislation. The Indian Supreme Court has the power of judicial review and can convene a Constitution Bench to address substantial questions of constitutional law. On the other hand, the UK Supreme Court does not have the authority to declare an Act of Parliament unconstitutional due to the absence of a codified constitution and the principle of parliamentary sovereignty.
