Q. We adopted parliamentary democracy based on the British model, but how does our model differ from that model? As regards legislation,

1. The British Parliament is supreme or sovereign
2. In India, the power of the Parliament to legislate is limited. 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. (UPSC Prelims 2021)
Answer: Both 1 and 2
Notes: The correct answer is [C] Both 1 and 2. While India adopted the Westminster model of cabinet government, significant structural differences exist between the British and Indian parliamentary systems.

• Statement 1 (Correct): In the United Kingdom, the principle of Parliamentary Sovereignty (or Supremacy) prevails. According to jurist A.V. Dicey, the British Parliament can make or unmake any law, and no court can declare its Acts unconstitutional. There is no written constitution to limit its power.
• Statement 2 (Correct): In India, the Parliament is not sovereign; the Constitution is supreme. The power to legislate is limited by:
  • Written Constitution: Clear division of powers between Union and States.
  • Fundamental Rights: Laws abridging these can be declared void.
  • Judicial Review: The Judiciary can strike down laws that violate the Constitution.
  • Basic Structure Doctrine: Established in the Kesavananda Bharati case (1973), preventing Parliament from altering the core features of the Constitution.
• Constitution Bench: Under Article 145(3) of the Indian Constitution, any case involving a "substantial question of law as to the interpretation of the Constitution" or a Presidential reference under Article 143 must be heard by a bench consisting of at least five judges, known as a Constitution Bench. This includes the validity of Constitutional Amendments.

Historically, the British monarch is a hereditary head, whereas India is a Republic with an elected Head of State (President), further distinguishing the two models.