UPSC Prelims 2021 Q77: Indian Polity – Parliament & State Legislatures

UPSC Prelims 2021, General Studies Paper I · Indian Polity

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.

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Answer: (c) Both 1 and 2

Explanation

Indian Parliamentary Democracy vs British Model

Statement	Claim	Verdict	Detail
1	British Parliament sovereign; Indian Parliament's power limited	TRUE	UK: Parliamentary sovereignty (A.V. Dicey doctrine) - Parliament can make/unmake any law; no judicial review of Acts. India: Constitutional supremacy - Parliament's power is limited by (i) Fundamental Rights, (ii) federal division, (iii) judicial review, (iv) basic structure doctrine (Kesavananda 1973).
2	Constitutional amendment challenges referred to Constitution Bench	TRUE	Under Article 145(3), any 'substantial question of law' regarding interpretation of the Constitution must be decided by a Constitution Bench of minimum 5 judges of the Supreme Court. Amendment challenges (Kesavananda 13 judges, Minerva Mills 5 judges) exemplify this.

Both statements are correct. Answer: (c).

Answer: (c) Both 1 and 2.

Why each option is right or wrong

(a) Incorrect. Statement 2 (Constitution Bench referral) is also correct - Article 145(3) requirement.
(b) Incorrect. Statement 1 (British sovereignty vs Indian limits) is also correct - classic Diceyan doctrine vs Constitutional supremacy.
(c) CORRECT. Both statements are true. UK Parliament is sovereign (unlimited); Indian Parliament is limited by Constitution (FR, federalism, judicial review, basic structure). Constitutional amendment challenges go to Constitution Bench (5+ judges) under Article 145(3).
(d) Incorrect. Both statements accurately describe the India-UK constitutional divergence.

Key point

UK = Parliamentary Sovereignty (Dicey); no judicial review of laws. India = Constitutional Supremacy; Parliament limited by FR, federalism, judicial review, basic structure (Kesavananda 1973). Amendment challenges under Article 145(3) go to Constitution Bench (5+ judges).

Remember

Both statements are correct: (1) UK Parliament is sovereign while Indian Parliament's power is limited by the Constitution (fundamental rights, federalism, judicial review, basic structure); (2) Constitutional amendment challenges must be decided by a Constitution Bench of 5+ Supreme Court judges under Article 145(3). Answer: (c) Both 1 and 2.

Common mistakes

Assuming Indian Parliament is as sovereign as UK Parliament. India has multiple constitutional limits including basic structure doctrine.
Not knowing Article 145(3) requires 5-judge Constitution Bench for interpretation of Constitution.
Missing that basic structure doctrine (Kesavananda Bharati 1973) permanently limits parliamentary amending power in India.

Exam tip

UK vs India Parliament: (i) Sovereignty (UK) vs Constitutional Supremacy (India), (ii) No written constitution (UK) vs Written (India), (iii) No judicial review (UK) vs Judicial review (India), (iv) No FR (UK till HRA 1998) vs FR guaranteed (India), (v) Unitary (UK) vs Federal (India), (vi) Fusion of powers (UK) vs Partial separation (India).

Sources

M. Laxmikanth - Indian Polity (Chapter on Parliament and Constitutional Supremacy)
Article 145 of the Constitution of India

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