UPSC CSE Prelims 2021
Both statements are correct, highlighting key differences between the Indian and British parliamentary systems.
Statement 1: The British Parliament operates on the principle of parliamentary supremacy, meaning it is the supreme law-making body and its legislative acts are generally not subject to judicial review. In contrast, the Indian Parliament's power to legislate is limited by the written Constitution. Laws enacted by the Indian Parliament are subject to judicial review by the Supreme Court and High Courts, which can declare them unconstitutional if they violate fundamental rights or the basic structure of the Constitution. This establishes a system of constitutional supremacy in India, unlike the parliamentary supremacy in the UK.
Statement 2: In India, questions regarding the constitutionality of an Act of Parliament, particularly an amendment, can be challenged in the Supreme Court. When a substantial question of law as to the interpretation of the Constitution arises, the Supreme Court refers the matter to a Constitution Bench. As per Article 145(3) of the Constitution, a Constitution Bench must consist of a minimum of five judges. This mechanism ensures a comprehensive examination of complex constitutional issues.
Options (a), (b), and (d) are incorrect because both Statement 1 and Statement 2 accurately describe differences between the Indian and British parliamentary models. Therefore, selecting only one statement or neither of them would be an incomplete or incorrect assessment.