Question 77
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.
AOptions
BSolution
Statement 1 is correct. The British Parliament operates on the principle of parliamentary sovereignty, meaning it is supreme and its laws cannot generally be challenged in courts on grounds of unconstitutionality (as there is no codified constitution in the same sense as India). In contrast, the Indian Parliament's power to legislate is limited by the written Constitution, Fundamental Rights, and the principle of judicial review, which allows the Supreme Court to declare laws unconstitutional if they violate basic structure or other constitutional provisions.
Statement 2 is also correct. In India, matters related to the constitutionality of an amendment to an Act of Parliament are indeed referred to a Constitution Bench of the Supreme Court (usually comprising five or more judges). This is a vital aspect of India's robust system of judicial review and constitutional supremacy, which ensures that legislative acts, including constitutional amendments, adhere to the basic structure of the Constitution.
CStrategy
When comparing political systems, especially India's with other democracies, focus on core differentiating principles such as sovereignty (parliamentary vs. constitutional), judicial review, and the nature of the constitution (written vs. unwritten, rigid vs. flexible). Understanding these foundational differences helps in analyzing statements.
DSyllabus Analysis
This question is from Indian Polity, covering comparative constitutionalism, the nature of the Indian Parliament, and the powers of the Judiciary.
EQuestion Analysis
Medium. It requires a nuanced understanding of the fundamental differences between the Indian and British parliamentary systems, particularly regarding constitutional supremacy and judicial review.