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.
Answer:
(c)
Moderate
Non-traditional
Core Books/NCERT
In India there is no Parliament sovereignty rather there is constitutional sovereignty and the authority and jurisdiction of Parliament are limited. The Judiciary can declare any law or ordinance passed by the legislature void, if any of its provisions violate one or more of the constitutional provisions. Hence, 1 is correct. The case involves a substantial question of law pertaining to the interpretation of the Constitution under Article 145(3) of the Constitution, which mandates that such matters be heard by a bench of not less than five judges]. Hence, 2 is correct. Therefore, option (c) is the correct answer.