Examine the growth of center-state relations and the shifting dynamics of federalism in the post-independence era.
Role of the Judiciary in Upholding the Constitution and Protecting Civil Liberties Independent India's Constitutional Framework: The Indian Constitution, adopted on January 26, 1950, is a cornerstone of the country's democratic framework. It enshrines the principles of justice, liberty, equality, anRead more
Role of the Judiciary in Upholding the Constitution and Protecting Civil Liberties
Independent India’s Constitutional Framework:
The Indian Constitution, adopted on January 26, 1950, is a cornerstone of the country’s democratic framework. It enshrines the principles of justice, liberty, equality, and fraternity, ensuring that the rights of citizens are protected and promoted. The judiciary plays a crucial role in upholding the Constitution and protecting civil liberties.
Key Judicial Decisions:
- First Amendment (1951): The Supreme Court recognized the right to freedom of speech and expression, declaring that any law restricting this right would be unconstitutional.
- Habeas Corpus Cases (1970s): The judiciary ruled in favor of habeas corpus, safeguarding the right to personal liberty and preventing arbitrary detention.
- Emergency Cases (1975-1977): The judiciary struck down the Indira Gandhi government’s Emergency powers, upholding the Constitution’s fundamental rights and freedoms.
- Recent Examples:
- Keshavananda Bharati vs. State of Kerala (2015): The Supreme Court reaffirmed the constitutional validity of the court’s powers to declare laws unconstitutional.
- Navtej Singh Johar vs. Union of India (2018): The Supreme Court decriminalized homosexuality, recognizing the rights of LGBTQ+ individuals.
Recent Trends:
- Judicial Activism: The judiciary has taken a more proactive approach in recent years, issuing landmark judgments on issues like minority rights, Dalit rights, and environmental protection.
- Increased Focus on Human Rights: Courts have shown greater concern for human rights, including issues like police brutality, custodial deaths, and gender-based violence.
- Challenges to Executive Power: The judiciary has increasingly challenged executive power, striking down executive decisions and laws deemed unconstitutional.
Challenges Faced by the Judiciary:
- Delays and Backlogs: The judiciary faces significant delays and backlogs, which can hinder its ability to effectively protect civil liberties.
- Lack of Resources: The judiciary often struggles with inadequate resources, including funding, infrastructure, and personnel.
- Political Interference: There have been instances of political interference in judicial matters, which can undermine the independence of the judiciary.
Evolution of Center-State Relations and Federalism in the Post-Independence Period Post-Independence Period: Early Years (1947-1960) The Constitution of India established a federal system, with the Union and the States having distinct powers and responsibilities. The early years saw a centralizing tRead more
Evolution of Center-State Relations and Federalism in the Post-Independence Period
Post-Independence Period: Early Years (1947-1960)
Key Features of the Federal System (1960-1980)
Changes and Challenges (1980-2000)
Recent Trends and Developments (2000-Present)
- Devolution of Powers: The 14th Finance Commission (2015) recommended a significant increase in the share of funds allocated to States, marking a shift towards greater decentralization.
- Federalism 2.0: In recent years, there has been a renewed focus on strengthening federalism through reforms such as the Goods and Services Tax (GST) and the Aadhaar system.
- National Populism: The rise of national populism has led to increased tensions between the Centre and States, with some States demanding greater autonomy and others pushing for more centralized control.
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