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 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:
Explanation
Statement 1 is correct: In the United Kingdom, constitutional law is rooted in the doctrine of the Sovereignty of Parliament, meaning British parliamentary legislation cannot be struck down by courts. In India, Parliament is not sovereign; it operates under a written Constitution, with legislative authority bounded by fundamental rights, the federal division of powers, judicial review, and the Basic Structure doctrine established in the Kesavananda Bharati ruling (1973).
Statement 2 is correct: Under Article 145(3) of the Constitution of India, any case involving a substantial question of law as to the interpretation of the Constitution, or examining the constitutional validity of a legislative enactment or parliamentary amendment, must be heard by a Constitution Bench comprising a minimum of five Supreme Court judges.
Both comparative statements are correct — Option C.