हमने ब्रिटिश मॉडल पर आधारित संसदीय लोकतंत्र को अपनाया है, किंतु हमारा मॉडल उस मॉडल से किस प्रकार भिन्न है?
1. जहाँ तक विधि-निर्माण का संबंध है, ब्रिटिश संसद सवोपिर अथवा संप्रभु है, किंतु भारत में संसद की विधि-निर्माण की शक्ति परसीमित है।
2. भारत में, संसद के किसी अधिनियम के संशोधन की संवैधानिकता से संबंधित मामले उच्चतम न्यायालय द्वारा संविधान पीठ को भेजे जाते हैं।
नीचे दिए गए कूट का प्रयोग कर सही उत्तर चुनिए।
सही उत्तर (C) Both 1 and 2 है।
व्याख्या:
Statement 1 is correct: Britain follows Parliamentary sovereignty as a principle of its constitution. It makes Parliament the supreme legal authority in the UK, which can create or end any law. Generally, the courts cannot overrule its legislation, and no Parliament can pass laws that future Parliaments cannot change. Indian Parliament is not a sovereign body like the British Parliament. The Indian Parliament may, in the exercise of its constituent power, amend by way of addition, variation or repeal any provision of the Constitution following the procedure laid down for the purpose. However, the Parliament cannot amend those provisions which form the 'basic structure' of the Constitution. The Supreme Court ruled this in the Kesavananda Bharati case (1973). Statement 2 is correct: In India, matters related to the constitutionality of an amendment of an act of the Parliament are referred to the Constitution Bench by the Supreme Court. A Constitution Bench is a bench of the Supreme Court having five or more judges on it. These benches are not a routine phenomenon. Most cases before the Supreme Court are heard and decided by a bench of two judges (called a Division Bench) and sometimes by three. Constitution Benches are set up when the case involves a substantial question of law about the interpretation of the Constitution (Article 145(3) of the Constitution, which mandates that a bench hear such matters of not less than five judges). Presently, Constitution Benches are set up ad hoc as and when the need arises. The idea behind a Constitution Bench is clear: it is constituted in rare cases to decide important questions of fact or legal and constitutional interpretation.
In English (Question & Model Answer)
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.
The correct answer is (C) Both 1 and 2.
Explanation:
Statement 1 is correct: Britain follows Parliamentary sovereignty as a principle of its constitution. It makes Parliament the supreme legal authority in the UK, which can create or end any law. Generally, the courts cannot overrule its legislation, and no Parliament can pass laws that future Parliaments cannot change. Indian Parliament is not a sovereign body like the British Parliament. The Indian Parliament may, in the exercise of its constituent power, amend by way of addition, variation or repeal any provision of the Constitution following the procedure laid down for the purpose. However, the Parliament cannot amend those provisions which form the 'basic structure' of the Constitution. The Supreme Court ruled this in the Kesavananda Bharati case (1973). Statement 2 is correct: In India, matters related to the constitutionality of an amendment of an act of the Parliament are referred to the Constitution Bench by the Supreme Court. A Constitution Bench is a bench of the Supreme Court having five or more judges on it. These benches are not a routine phenomenon. Most cases before the Supreme Court are heard and decided by a bench of two judges (called a Division Bench) and sometimes by three. Constitution Benches are set up when the case involves a substantial question of law about the interpretation of the Constitution (Article 145(3) of the Constitution, which mandates that a bench hear such matters of not less than five judges). Presently, Constitution Benches are set up ad hoc as and when the need arises. The idea behind a Constitution Bench is clear: it is constituted in rare cases to decide important questions of fact or legal and constitutional interpretation.