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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.

A1 only
B2 only
CBoth 1 and 2
DNeither 1 nor 2
Answer & Solution
Correct answer: C. Both 1 and 2
Answer: C. Both statements are correct. INDIA adopted the WESTMINSTER (BRITISH) PARLIAMENTARY MODEL but with KEY DIFFERENCES due to having a written, supreme Constitution. Statement 1 is CORRECT. PARLIAMENTARY SOVEREIGNTY: - In BRITAIN, PARLIAMENT IS SOVEREIGN (supreme) — there is no codified written constitution, no entrenched fundamental rights, no judicial review of primary legislation. Parliament can in principle make or unmake any law. This is the doctrine of 'parliamentary sovereignty' (A.V. Dicey). - In INDIA, PARLIAMENT'S POWER TO LEGISLATE IS LIMITED by: - The WRITTEN CONSTITUTION (Article 13: laws inconsistent with Fundamental Rights are void). - DISTRIBUTION OF POWERS between Union and States (Seventh Schedule). - The BASIC STRUCTURE DOCTRINE (Kesavananda Bharati 1973) limits even constitutional amendments. - JUDICIAL REVIEW by the Supreme Court and High Courts. So the British Parliament is sovereign in the legislative sense; the Indian Parliament is supreme within constitutional limits. Statement 2 is CORRECT. In India, the CONSTITUTIONAL VALIDITY of legislation (including constitutional amendments) is referred to a CONSTITUTION BENCH of the Supreme Court. Under ARTICLE 145(3), 'minimum number of judges who shall sit for deciding any case involving a substantial question of law as to the interpretation of this Constitution... shall be FIVE.' A Constitution Bench (5 or more judges) hears such matters. Landmark cases — Kesavananda Bharati (13 judges), Minerva Mills (5), I.R. Coelho (9), Indra Sawhney (9), NJAC (5), Sabarimala (5), Aadhaar (5), Article 370 abrogation (5) — were all decided by Constitution Benches. This judicial review of constitutional questions is a fundamental Indian departure from the British model. Source: NCERT Class 11 'Indian Constitution at Work' / Constitution of India Articles 13, 32, 131, 145(3) / D.D. Basu, Introduction to the Constitution of India.
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