Previous Year Question
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 Parliament to legislate is limited.
In India, matters related to the constitutionality of the Amendment of an Act of Parliament are referred to the Constitution Bench by the Supreme Court.
Select the correct answer using the codes given below:
1 only
2 only
Both 1 and 2
Neither 1 nor 2
Correct Answer: C
Detailed Solution
Statement 1 is correct
The British constitutional system follows the doctrine of parliamentary sovereignty. Traditionally, the British Parliament may make or repeal any law, and courts cannot invalidate primary legislation enacted by Parliament as unconstitutional.
In contrast, the Constitution is supreme in India, not Parliament. The legislative power of the Indian Parliament is subject to constitutional limitations:
Parliament must legislate within the fields assigned to it by the Constitution.
Articles 245–246 and the Seventh Schedule distribute legislative powers between the Union and the States.
Under Article 13, a law inconsistent with Fundamental Rights may be void to the extent of that inconsistency.
Parliamentary legislation is subject to judicial review.
Even Parliament’s constituent power under Article 368 is not unlimited; it cannot destroy the basic structure of the Constitution.
India therefore combines parliamentary government with constitutional supremacy.
Statement 2 is correct
Under Article 145(3), a bench hearing a case involving a substantial question of law concerning the interpretation of the Constitution must consist of at least five judges of the Supreme Court.
Such a bench of five or more judges is generally called a Constitution Bench. When a challenge to the constitutionality of an Act or its amendment raises a substantial question of constitutional interpretation, it is considered by a Constitution Bench.
Article 145(3) requires a bench of at least five judges in matters involving:
A substantial question of law concerning interpretation of the Constitution.
A reference made by the President to the Supreme Court under Article 143.
Major differences between the Indian and British models
Basis | India | United Kingdom |
Supremacy | Supremacy of the Constitution | Parliamentary sovereignty |
Constitution | Written and detailed | Largely uncodified |
Legislative power | Limited by the Constitution | Traditionally broad and sovereign |
Judicial review | Constitutional review of parliamentary laws is available | Primary parliamentary legislation is not ordinarily invalidated as unconstitutional |
Political structure | Federal distribution between Union and States | Predominantly unitary |
Important clarification: Article 143 concerns the President’s advisory reference to the Supreme Court. The direct constitutional provision prescribing the minimum strength of a Constitution Bench is Article 145(3).
Conclusion: The British Parliament is sovereign, whereas the Indian Parliament is limited by the Constitution. Substantial questions of constitutional interpretation are considered by a Constitution Bench of at least five judges. Therefore, both statements are correct and the answer is (c).