Question

Which of the following features restrict the authority of Parliament in India?
I.A written Constitution clearly prescribes its scope of operation.
II.The Supreme Court can strike down a law passed by Parliament if it contravenes any of the Constitutional provisions.
III.Parliament is limited by the incorporation of the Fundamental Rights in the Constitution
A.I, II and III
B.I and III
C.II only
D.None as Parliament is sovereign in India

Answer 1

Hint: In a representative democracy, the citizens elect their representatives by the method of voting in an election who are then responsible for governing on the behalf of the citizens and accountable to them. Without restrictions and checks to their power, elected officials tend to become despotic and democracy loses its essence. This has been the prime cause of autocracy and dictatorship that the world has witnessed throughout history. It is done in a form where there is a functional separation of power between the organs of the state and each organ enjoys checks and balances over the other.

Complete answer: Option A: is correct. Statements I, II and III are true.
Firstly, for a country as diverse as India, to ensure responsible self-governance in place of colonial rule, there was a need to adopt and enact a written constitution that would serve as the highest law of the land and uphold the democratic spirit of the nation. The decision to have a written Constitution after Independence marked a sharp break from British Constitutional tradition and practice. However, it serves as limiting the Parliament’s powers with lawmaking that is strictly under the Constitution.
Secondly, although the Parliament has the power to make laws and amendments to the Constitution, it is the Supreme Court that has been granted the power of judicial review. This means that the Supreme Court may declare a law passed by the Parliament or state legislature as null and void if these are found to be inconsistent with the Constitution.
Thirdly, Article 13(2) forbids the state from making any laws taking away any of the Fundamental Rights provided in Part III of the Constitution.
Options B, C and D: are incorrect.

Hence, The correct answer is Option A.

Note: Democratic institutions function with the obligation to represent the demands of the people and justify their actions to them. Thus, democracy truly is the government of the people, by the people and for the people.