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Q97 (IAS/2021) Polity & Governance › Constitutional Basics & Evolution › Parliamentary system Official Key

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 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.

Result
Your answer: —  ·  Correct: C
Explanation

The correct answer is Option 3 (Both 1 and 2) because while India adopted the British parliamentary system, it introduced significant constitutional safeguards.

  • Statement 1 is correct: The British Parliament operates under the doctrine of Parliamentary Sovereignty, meaning no court can declare its laws unconstitutional. In contrast, India has a written Constitution and Judicial Review. The Indian Parliament’s power is limited by the federal structure, the distribution of powers, and the Fundamental Rights. Any law violating the "Basic Structure" can be struck down by the judiciary.
  • Statement 2 is correct: In India, if an Amendment or Act involves a substantial question of law regarding the interpretation of the Constitution, it is referred to a Constitution Bench of the Supreme Court (comprising at least five judges) under Article 145(3). This mechanism ensures judicial supremacy in constitutional matters, a feature absent in the British model where no such judicial scrutiny of primary legislation exists.
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Q. We adopted parliamentary democracy based on the British model, but how does our model differ from that model? 1. As regards legislation,…
At a glance
Origin: Mixed / unclear origin Fairness: Moderate fairness Books / CA: 6.7/10 · 0/10
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A classic 'Concept vs. Procedure' mix. Statement 1 is foundational (Laxmikanth Ch. 2/3) and easy. Statement 2 is a procedural trap based on Article 145(3)—it sounds official but omits the critical qualifier 'substantial question of law,' making it incorrect.

How this question is built

This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.

Statement 1
In the British model of parliamentary democracy, is the UK Parliament legally sovereign (parliamentary sovereignty) so that Parliament is supreme over other state organs?
Origin: Direct from books Fairness: Straightforward Book-answerable
From standard books
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 23: Parliament > SOVEREIGNTY OF PARLIAMENT > p. 263
Presence: 5/5
“t SOVEREIGNTY OF PARLIAMENT The doctrine of 'sovereignty of Parliament' is associated with the British Parliament. Sovereignty means the supreme power within the State. That supreme power in Great Britain lies with the Parliament. There are no 'legal' restrictions on its authority and jurisdiction. Therefore, the sovereignty of Parliament (parliamentary supremacy) is a cardinal feature of the British constitutional system. According to AV Dicey, the British jurist, this principle has three implications: • 1. The Parliament can make, amend, substitute or repeal any law. De Lolme, a British political analyst, said: 'The British Parliament can do everything except make a woman a man and a man a woman'. • 2.”
Why this source?
  • Explicitly identifies 'sovereignty of Parliament' as associated with the British Parliament.
  • Describes sovereignty as 'supreme power within the State' and states there are no legal restrictions on Parliament's authority.
  • Notes Dicey's implications that Parliament can make, amend or repeal any law (parliamentary supremacy).
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 92: World Constitutions > T BRITISH CONSTITUTION > p. 678
Presence: 5/5
“That supreme power in Great Britain lies with the Parliament. Hence, sovereignty of Parliament (or supremacy of Parliament) is a cardinal principle of the British constitutional law and political system. This principle implies the following things: (i) The British Parliament can make, amend, substitute or repeal any law. De Lolmc said, 'The Brit ish Parliament ca n do everything except make a woman a man and a man a woman'. I 1 (ii) The Parliament can make constitutional laws by the same procedure as ordinary laws. In other words, there is no legal distinction between the constituent authority and the law-making authority or the British Parliament. (iii) The parliamentary laws cannot be declared invalid by the judiciary as being unconstitutional.”
Why this source?
  • Affirms that the supreme power in Great Britain lies with Parliament and that parliamentary supremacy is a cardinal principle.
  • States Parliament can make constitutional laws by the same procedure as ordinary laws (no legal distinction between constituent and law‑making authority).
  • Says parliamentary laws cannot be declared invalid by the judiciary.
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 4: Salient Features of the Constitution > R I Synthesis of Parliamentary Sovereignty and Judicial Supremacy > p. 29
Presence: 4/5
“Ri Synthesis of Parliamentary Sovereignty and Judicial Supremacy The doctrine of sovereignty of Parliament is associated with the British Parliament, while the principle of judicial supremacy with that of the American Supreme Court. Just as the Indian parliamentary system differs from the British system, the scope of judicial review power of the Supreme Court in India is narrower than that of what exists in the US. This is because the American Constitution provides for 'due process of law' against that of 'procedure established by law' contained in the Indian Constitution (Article 21). Therefore, the frame rs of the Indian Constitution have preferred a proper syntheSiS between the British principle of parliamentary sovereignty and the American prinCiple of judicial supremacy.”
Why this source?
  • Links the doctrine of parliamentary sovereignty specifically to the British Parliament.
  • Contrasts British parliamentary sovereignty with American judicial supremacy, clarifying the doctrinal position of UK model in comparative perspective.
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Statement analysis

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