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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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Don’t just practise – reverse-engineer the question. This panel shows where this PYQ came from (books / web), how the examiner broke it into hidden statements, and which nearby micro-concepts you were supposed to learn from it. Treat it like an autopsy of the question: what might have triggered it, which exact lines in the book matter, and what linked ideas you should carry forward to future questions.
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

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.
Statement 2
In the Indian parliamentary system, is the Parliament's power to legislate limited by the Constitution and subject to judicial review by the courts?
Origin: Direct from books Fairness: Straightforward Book-answerable
From standard books
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 23: Parliament > Ell I System of Judicial Review > p. 264
Presence: 5/5
“The adoption of an independent Judiciary with the power of judicial review also restricts the supremacy of our Parliament. Both the Supreme Court and high courts can declare the laws enacted by the Parliament as void and ultra vires (unconstitutional), if they contravene any provision of the Constitution. On the other hand, there is no system of judicial review in Britain.”
Why this source?
  • Explicitly states an independent Judiciary with power of judicial review restricts Parliament's supremacy.
  • Says both the Supreme Court and High Courts can declare Parliamentary laws void and ultra vires if they contravene the Constitution.
Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > p. 92
Presence: 5/5
“On the other hand, the Parliament of India cannot be said to be sovereign in the English sense of legal omnipotence-for, the very fact that the Parliament is created and limited by a written Constitution enables our Parliament to legislate only subject to the limitations and prohibitions imposed by the Constitution, such as, the Fundamental Rights, the distribution of legislative powers, etc. 92”
Why this source?
  • Affirms Parliament is not sovereign in the English sense because a written Constitution creates and limits Parliament.
  • Specifies Parliament can legislate only subject to constitutional limitations like Fundamental Rights and distribution of powers.
Democratic Politics-I. Political Science-Class IX . NCERT(Revised ed 2025) > Chapter 4: WORKING OF INSTITUTIONS > 4.4 THE JUDICIARY > p. 70
Presence: 5/5
“The Supreme Court and the High Courts have the power to interpret the Constitution of the country. They can declare invalid any law of the legislature or the actions of the executive, whether at the Union level or at the state level, if they find such a law or action is against the Constitution. Thus they can determine the Constitutional validity of any legislation or action of the executive in the country, when it is challenged before them. This is known as the judicial review. The Supreme Court of India has also ruled that the core or basic principles of the Constitution cannot be changed by the Parliament.”
Why this source?
  • States Supreme Court and High Courts can interpret the Constitution and declare any law or executive action invalid if against the Constitution (judicial review).
  • Notes the Supreme Court has held that core/basic principles of the Constitution cannot be changed by Parliament, indicating judicial limits on legislative power.
Statement 3
Does the Supreme Court of India refer matters concerning the constitutionality of amendments to Acts of Parliament to a Constitution Bench for decision?
Origin: Weak / unclear Fairness: Borderline / guessy
Indirect textbook clues
Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > CHAP. 8 Fundamental Rights and Fundamental Duties 97 > p. 97
Strength: 5/5
“The majority decision in Kesavananda Bharati's case upheld the validity of these amendments and also overruled Golak Nath's case, holding that it is competent for Parliament to amend Fundamental Rights under Article 368, which does not make any exception in favor of fundamental rights; nor does Article 13 comprehend Acts amending the Constitution itself. A big limitation that stands in the way of Parliament, acting by a special majority, to introduce drastic changes in the Constitution, is the judicially innovated doctrine of 'basic features' which can be eliminated only if a Bench larger than the '13-Judge Bench' in Kesavananda's case be prepared to overturn the decision in that case.”
Why relevant

Describes the 'basic features' doctrine and notes that overturning Kesavananda (which concerns amendments) would require a Bench larger than the 13‑Judge Bench — indicating constitutional amendment issues attract reference to large benches.

How to extend

A student could infer that questions about the validity of amendments are treated as sufficiently important to be heard by larger/Constitution Benches and check procedural rules on bench constitution.

Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 22: THE SUPREME COURT > THE SUPREME COURT > p. 354
Strength: 4/5
“These two clauses were inserted in Article 368 with a view to preventing the Supreme Court from invalidating any Constitution Amendment Act on the theory of "basic features of Constitution" or anything of that nature. Curiously, however, these clauses have been emasculated by the Supreme Court itself, striking them down on the ground that they are violative of 1:\\10 "basic features" of the Constitution— (a) the limited nature of the amending power under Article 368, and (b) judicial review—in the Minerva Mills case .... Office of Chief Justice and the Right to Information Act, 2005. A five-judge bench of the Supreme Court with a 3:2 majority ruled that the Office of Chief Justice of India (CJI) comes under the purview of the Right to Information (RTI) Act.”
Why relevant

Explains that clauses were inserted in Article 368 to prevent the Court from invalidating amendment acts, but the Court struck them down (Minerva Mills), showing the Court exercises review over amendments.

How to extend

One can infer that because the Court undertakes significant review of amendment acts, it may convene larger or specially constituted benches (Constitution Benches) for such weighty questions.

Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 22: THE SUPREME COURT > REFERENCES > p. 356
Strength: 4/5
“• 5. Re Special Reference No 1 of 1998, (1998) 7 SCC 739. The Bench expressed its optimistic view that the successive CJIs shall henceforth act in accordance with the Second Judges case and the opinion in the instant reference.• 6. The Constitutional (99th Amendment) Act, 2014 as published in the Gazette of India, Extra Ordinary Part II dated 31 December 2014 which was held invalid by the Supreme Court.• 7”
Why relevant

Gives an example where the Constitutional (99th Amendment) Act, 2014 was held invalid by the Supreme Court — an instance of the Court deciding on an amendment's validity.

How to extend

A student could review the judgment to see what bench heard it; if it was a Constitution Bench, this example supports the pattern that amendments are decided by bigger benches.

Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 9: CONSTITUTION AS A LIVING DOCUMENT > Check your progress > p. 213
Strength: 4/5
“State whether the following statements are correct or not: • ± After the Basic Structure ruling, Parliament does not have power to amend the Constitution.• ± The Supreme Court has given a clear list of the basic features of our Constitution, which cannot be amended.• ± Judiciary has the power to decide whether an amendment violates basic structure or not.• ± The Kesavananda Bharati ruling has set clear limits on Parliament's power to amend the Constitution.”
Why relevant

States that the judiciary has the power to decide whether an amendment violates the basic structure, implying that the Court adjudicates amendment-related constitutional questions.

How to extend

Combine this with knowledge that Constitution Benches decide substantial constitutional questions to suspect such matters are referred to Constitution Benches.

Indian Polity, M. Laxmikanth(7th ed.) > Chapter 92: World Constitutions > 2019TEST PAPER > p. 756
Strength: 3/5
“An amendment to the Constitution of India cannot be called into question by the Supreme Court of India. (a) 1 only (b) 2 only ~With reference to the constitution of India, prohibition or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations on the constitutional powers under Article 142. It could mean which one of the following? . (a) The decisions taken by the Election Commission of India while discharging its duties can not be chall~~ged in any court of law. (b) The Supreme Court ofIndia is not constrained in the exercise of its powers by laws made by the parliament. (c) In the event of grave financial crises in the country, the President of India can declare Financial Emergency without the counsel from the cabinet Which of the statements given above is/ are correct?”
Why relevant

Contains a test-item claiming 'An amendment to the Constitution of India cannot be called into question by the Supreme Court,' highlighting that the status of judicial review over amendments is a debated/important issue.

How to extend

A student could use this to motivate checking landmark cases (Kesavananda, Minerva Mills) and the benches that heard them to resolve the apparent contradiction.

Pattern takeaway: UPSC loves contrasting the 'Indian Model' with the 'British/American Model.' Whenever you read a feature (e.g., Federalism, Judicial Review), immediately ask: 'How is this different in the UK or USA?'
How you should have studied
  1. Bullet 1. [THE VERDICT]: Mixed. Statement 1 is a Sitter (Direct Laxmikanth). Statement 2 is a Trap (Nuance of Art 145(3)).
  2. Bullet 2. [THE CONCEPTUAL TRIGGER]: Comparative Constitutional Law (UK vs. India) & Supreme Court Rules of Procedure.
  3. Bullet 3. [THE HORIZONTAL EXPANSION]: Memorize Art 145(3) (Min 5 judges for constitutional interpretation), Art 143 (Advisory jurisdiction = Min 5 judges), and the distinction between 'Procedure Established by Law' (India) vs. 'Due Process' (USA).
  4. Bullet 4. [THE STRATEGIC METACOGNITION]: Don't just read that 'Judicial Review exists.' Study *how* it is executed. Note which cases require a Division Bench (2-3 judges) vs. a Constitution Bench (5+ judges).
Concept hooks from this question
📌 Adjacent topic to master
S1
👉 Parliamentary sovereignty (Diceyan doctrine)
💡 The insight

Parliamentary sovereignty means the UK Parliament is legally supreme and can make, amend or repeal any law without legal constraints.

High-yield for polity and constitutional law: it is the core feature of the Westminster model and appears in questions about sources of constitutional authority, law‑making power, and limits on institutions. Mastery enables clear comparisons with systems that constrain legislatures.

📚 Reading List :
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 23: Parliament > SOVEREIGNTY OF PARLIAMENT > p. 263
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 92: World Constitutions > T BRITISH CONSTITUTION > p. 678
🔗 Anchor: "In the British model of parliamentary democracy, is the UK Parliament legally so..."
📌 Adjacent topic to master
S1
👉 Judicial review vs parliamentary supremacy
💡 The insight

Under parliamentary supremacy UK courts cannot invalidate Acts of Parliament, placing the legislature above judiciary in constitutional finality.

Essential for answering questions on separation of powers and constitutional adjudication; helps explain why judicial review operates differently in the UK compared with systems where courts can strike down legislation.

📚 Reading List :
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 92: World Constitutions > T BRITISH CONSTITUTION > p. 678
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 4: Salient Features of the Constitution > R I Synthesis of Parliamentary Sovereignty and Judicial Supremacy > p. 29
🔗 Anchor: "In the British model of parliamentary democracy, is the UK Parliament legally so..."
📌 Adjacent topic to master
S1
👉 Written constitutions as legal limits on legislatures
💡 The insight

Written constitutions (e.g., India, USA) legally restrict legislative power through entrenched provisions and judicial review, unlike the British model.

Important for comparative questions and for understanding constitutional design choices; helps tackle problems on constitutional supremacy, amendment rules, and institutional checks by contrasting Westminster and codified systems.

📚 Reading List :
  • Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 23: Parliament > I Fundamental Rights > p. 264
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 4: Salient Features of the Constitution > R I Synthesis of Parliamentary Sovereignty and Judicial Supremacy > p. 29
🔗 Anchor: "In the British model of parliamentary democracy, is the UK Parliament legally so..."
📌 Adjacent topic to master
S2
👉 Judicial review and ultra vires power
💡 The insight

Courts can invalidate Parliamentary legislation as void or ultra vires, directly constraining legislative authority.

High-yield for constitutional law questions: understanding judicial review explains how laws are checked against the Constitution and links to remedies, separation of powers, and federal disputes. Mastery helps answer questions on constitutional validity, limits on legislation, and court–legislature conflicts.

📚 Reading List :
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 23: Parliament > Ell I System of Judicial Review > p. 264
  • Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 6: JUDICIARY > JUDICIARY AND RIGHTS > p. 139
🔗 Anchor: "In the Indian parliamentary system, is the Parliament's power to legislate limit..."
📌 Adjacent topic to master
S2
👉 Parliament limited by a written Constitution
💡 The insight

A written Constitution imposes limitations (e.g., Fundamental Rights, distribution of powers) on Parliament's law-making competence.

Essential for questions on sovereignty, legislative competence, and amendment power; connects to topics like federalism, fundamental rights, and constitutional amendments. Enables analysis of when Parliament can or cannot legislate on particular subjects.

📚 Reading List :
  • Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > p. 92
  • Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 4: OUTSTANDING FEATURES OF OUR CONSTITUTION > OUTSTANDING FEATURES OF OUR CONSTITUTION > p. 45
🔗 Anchor: "In the Indian parliamentary system, is the Parliament's power to legislate limit..."
📌 Adjacent topic to master
S2
👉 Synthesis: Parliamentary sovereignty vs judicial supremacy
💡 The insight

The Constitution strikes a balance between British parliamentary supremacy and American judicial supremacy, creating a mediated system.

Helps frame comparative and normative questions on institutional design, checks and balances, and the role of courts; useful for essay and polity mains answers requiring conceptual clarity on power distribution.

📚 Reading List :
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 4: Salient Features of the Constitution > R I Synthesis of Parliamentary Sovereignty and Judicial Supremacy > p. 29
  • Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 4: OUTSTANDING FEATURES OF OUR CONSTITUTION > OUTSTANDING FEATURES OF OUR CONSTITUTION > p. 44
🔗 Anchor: "In the Indian parliamentary system, is the Parliament's power to legislate limit..."
📌 Adjacent topic to master
S3
👉 Basic Structure Doctrine
💡 The insight

The judiciary can invalidate constitutional amendments that destroy the Constitution's basic features, limiting Parliament's amending power.

High-yield for UPSC because it explains the core constraint on Parliament's amendment power, links constitutional law, fundamental rights and judicial review, and appears repeatedly in questions on constitutional change and landmark cases (e.g., Kesavananda Bharati). Mastering this enables answering questions on limits of legislative power and landmark judicial interventions.

📚 Reading List :
  • Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > CHAP. 8 Fundamental Rights and Fundamental Duties 97 > p. 97
  • Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 9: CONSTITUTION AS A LIVING DOCUMENT > Check your progress > p. 213
🔗 Anchor: "Does the Supreme Court of India refer matters concerning the constitutionality o..."
🌑 The Hidden Trap

The 'Shadow Sibling' to Art 145(3) is Article 143 (Presidential Reference). A reference under Art 143 MUST be heard by a minimum of 5 judges. Also, note that High Courts can also interpret the Constitution (Art 226/228) without a 5-judge mandate.

⚡ Elimination Cheat Code

Check for 'Administrative Feasibility.' If Statement 2 were true, the Supreme Court (which handles thousands of cases) would need a 5-judge bench for every minor challenge to an Act's amendment. That is logistically impossible. Routine validity is decided by 2-judge benches.

🔗 Mains Connection

This links to GS2 'Separation of Powers' & 'Basic Structure.' The fact that Indian Parliament is limited (unlike the UK) is the legal justification for the Basic Structure Doctrine—the Judiciary's tool to prevent legislative tyranny.

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