UPSC Mains 2023 GS2 Q4: model answer
Compare and contrast the British and Indian approaches to Parliamentary sovereignty.
What the question wants
Similarities and differences between the British and Indian ideas of parliamentary sovereignty.
How to structure it
Intro: Dicey's idea of parliamentary sovereignty. Body: (1) Britain: unwritten constitution, no judicial review of Acts, unitary state, any law by simple majority; (2) India: written Constitution supreme, judicial review, federalism, Fundamental Rights, basic structure (Kesavananda 1973), special majority for amendments; (3) Similarities: Westminster model, cabinet responsibility, Parliament makes laws. Conclusion: India blends parliamentary sovereignty with judicial supremacy.
- 1(1) Britain: unwritten constitution, no judicial review of Acts, unitary state, any law by simple majority
- 2(2) India: written Constitution supreme, judicial review, federalism, Fundamental Rights, basic structure (Kesavananda 1973), special majority for amendments
- 3(3) Similarities: Westminster model, cabinet responsibility, Parliament makes laws
Model answer
Dicey described British parliamentary sovereignty as Parliament's right to make or unmake any law, with no body able to override it.
- No single written constitution
- Parliament supreme; no strike-down of Acts
- Unitary state
- Change by ordinary law
- Written Constitution supreme
- Judicial review (Arts. 13, 32, 226)
- Federal division of powers
- Basic structure limits amendments
British approach
- No single written constitution; Parliament is supreme.
- Courts cannot strike down an Act of Parliament (the Human Rights Act, 1998 only allows a 'declaration of incompatibility').
- Unitary state; devolution to Scotland or Wales can be reversed by Parliament.
- Constitutional change by ordinary law.
Indian approach
- The written Constitution is supreme; Parliament is its creation.
- Judicial review under Articles 13, 32 and 226.
- Federal division of powers (Seventh Schedule).
- Amendments need special majorities, sometimes State ratification (Art. 368).
- Basic structure doctrine (Kesavananda Bharati, 1973) limits even amendments.
Common ground: Westminster model, collective responsibility, Parliament as chief law-maker.
India chose a middle path between British parliamentary sovereignty and American judicial supremacy.
Keywords, cases and data to drop in
Dicey judicial review basic structure Art. 368 Kesavananda Bharati
Where most answers lose marks
- Only describing India.
- No similarities.
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Question text as printed in the official UPSC question paper: https://www.upsc.gov.in/sites/default/files/QP-CSM-23-GENERAL-STUDIES-PAPER-II-180923.pdf The model answer is original Battle IAS work; use it to learn structure, not to memorise.