Here is Question No. 7 a part of our series on UPSC Prelims 2021.
Q7. 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 the 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 code given below.
a) 1 only
b) 2 only
c) Both 1 and 2
d) Neither 1 nor 2
Answer: (a)
- Statement 1 is correct: Parliamentary sovereignty is the most important part of the UK constitution. It makes the UK’s Parliament the supreme legal authority that can create or end any law. Therefore, the UK constitution is often described as ‘partly written and wholly uncodified’. (Uncodified means that the UK does not have a single, written constitution.)
- Statement 2 is incorrect: The Forty-second Amendment Act, 1976, curtails both directly and indirectly, the jurisdiction of the Supreme Court and the High Courts to review the constitutionality of laws. The Constitution of India is been formed on the principles of the rule of law, so the Legislature in India has been vested with its constitutional functions and powers and so has limitations too.
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