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 codes given below:

a. 1 Only

b. 2 Only

c. Both 1 and 2

d. Neither 1 nor 2

Answer- c

Explanation: 

In the British parliamentary system, Parliament was supposed to be supreme and sovereign. There were no limitations on its powers, at least in theory, inasmuch as there was no written constitution and the Judiciary had no power of judicial review of legislation. 

In the U.S. system, the Supreme Court, with its power of judicial review and of interpreting the Constitution, had assumed supremacy.

In India, the Constitution has arrived at a middle course and a compromise between the British sovereignty of Parliament and American judicial supremacy. India is governed by the rule of law. Since, we have written constitution and the powers and functions of every organ are defined and delimited by the Constitution, no organ, not even the Parliament is sovereign.

Both Parliament and the Supreme Court are supreme in their respective spheres.

Hence, statement 1 is correct.

Since India is governed by rule of law and judicial review of administrative action is an essential part of rule of law. Thus, courts can determine not only the constitutionality of the law but also the procedural part of administrative action. Parliament may within certain restrictions amend most parts of the Constitution but the Supreme Court also can declare a law passed by  Parliament ultra vires as being violative of the Constitution. 

Hence, statement 2 is correct.

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