📚 Part of: Indian History And Culture Mcqs: Agriculture, Constitution, Cricket, Film, And Politics

Which of the following is a good reason to conclude that the authority of the constitution is higher than that of the parliament?

Category: Miscellaneous Indian Gk

Correct Answer: C) The constitution specifies how parliament is to be formed and what are its powers.

Exam Relevance: UPSC Civil Services, CLAT, State PSC Exams, Law Entrance Exams

Difficulty: Moderate

Concept notes:

The constitution of a country is the supreme law that outlines the fundamental principles and establishes the framework for governance. It defines the structure and powers of the government, including the parliament. The authority of the constitution is higher than that of the parliament because the parliament's existence and powers are derived from the constitution.

Common Mistakes:
  • Believing that the parliament has the ultimate authority because it is the legislative body.
  • Assuming that the constitution's authority is based on the eminence of its framers.
  • Thinking that the constitution's authority is derived from its historical precedence.
Explanation:

In the context of Indian governance, the constitution is the supreme law of the land, and it establishes the framework for the functioning of the government. The constitution outlines the structure of the government, including the legislative, executive, and judicial branches, and it defines the powers and limitations of each branch.

The parliament, as the legislative body, derives its authority and powers from the constitution. The constitution specifies the composition of the parliament, the method of its formation, and the powers it possesses. For example, the constitution outlines the process for the election of members of parliament, the procedure for passing laws, and the limitations on the powers of the parliament.

The authority of the constitution is higher than that of the parliament because the parliament's existence and powers are derived from the constitution. The constitution is the supreme law that governs the structure and functioning of the government, and it cannot be overridden by the parliament. Any law passed by the parliament must be in accordance with the provisions of the constitution. If a law passed by the parliament is found to be in violation of the constitution, it can be struck down by the judiciary.

The constitution also provides for a procedure for its amendment, which requires a special majority in both houses of parliament and, in some cases, ratification by a certain number of state legislatures. This procedure ensures that the constitution can be amended only through a consensus and not by a simple majority in the parliament.

In conclusion, the authority of the constitution is higher than that of the parliament because the constitution is the supreme law that defines the structure and powers of the government, including the parliament. The parliament's existence and powers are derived from the constitution, and any law passed by the parliament must be in accordance with the provisions of the constitution.

Option Analysis:
  • Option A: This option is incorrect. While it is true that the constitution was framed before the parliament came into being, this fact alone does not establish the constitution's higher authority. The authority of the constitution is based on its role as the supreme law that defines the structure and powers of the government, not on the chronological order of its creation.
  • Option B: This option is incorrect. The eminence of the leaders who framed the constitution does not determine its authority. The constitution's authority is derived from its role as the supreme law that governs the structure and powers of the government, not from the status of its framers.
  • Option C: This option is correct. The constitution specifies how the parliament is to be formed and what its powers are. This means that the parliament's existence and powers are derived from the constitution, making the constitution's authority higher than that of the parliament. The constitution is the supreme law that defines the framework within which the parliament operates.
  • Option D: This option is incorrect. While it is true that the constitution cannot be amended by the parliament without following a specific procedure, this fact alone does not establish the constitution's higher authority. The constitution's authority is based on its role as the supreme law that defines the structure and powers of the government, including the parliament.
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