Roadmap for Answer Writing Introduction Brief Overview of the Coelho Case Introduce the case (I.R. Coelho v. State of Tamil Nadu, 2007). Mention its significance in constitutional law. Body Section 1: Key Holdings of the Coelho Case Judgment Summary State the Supreme Court’s ruling regarding the Ninth Schedule. Emphasize ...
Model Answer Introduction The Preamble of the Indian Constitution articulates the nation’s core values, declaring India as a "Sovereign Socialist Secular Democratic Republic." Each adjective reflects the aspirations of the founding fathers and serves as a guiding principle for the country's governanRead more
Model Answer
Introduction
The Preamble of the Indian Constitution articulates the nation’s core values, declaring India as a “Sovereign Socialist Secular Democratic Republic.” Each adjective reflects the aspirations of the founding fathers and serves as a guiding principle for the country’s governance and societal framework.
Body
Sovereign
Sovereignty indicates that India possesses the ultimate authority to govern itself, free from external interference. In contemporary times, India has demonstrated its sovereignty by addressing border disputes, such as the Doklam standoff with China in 2017, and asserting its authority through the abrogation of Article 370 in 2019. These actions illustrate India’s ability to maintain its sovereignty amidst regional challenges.
Socialist
The term “Socialist” was incorporated into the Preamble via the 42nd Amendment in 1976, signifying India’s commitment to social justice and the welfare of its citizens. Social welfare programs like the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) and Ayushman Bharat reflect this commitment. However, persistent issues such as income inequality and unemployment reveal the ongoing challenges in achieving true socialism.
Secular
Secularism in India denotes the state’s neutrality towards all religions, ensuring religious freedom. The Supreme Court’s judgment in the Ayodhya case exemplifies this commitment by balancing the interests of different religious communities. Nonetheless, rising incidents of religious intolerance and communal violence challenge the secular fabric of society, necessitating a renewed commitment to uphold secular principles.
Democratic
Democracy represents the principle of governance by the people, characterized by regular elections and political equality. As the world’s largest democracy, India has maintained a vibrant electoral process, as seen in recent state elections in West Bengal and Kerala. However, concerns about the erosion of democratic values and media freedom highlight the need for strengthening democratic institutions.
Conclusion
The adjectives attached to “Republic” in the Preamble remain defendable today, despite the challenges faced in practice. The ongoing commitment to these values demonstrates India’s resilience and dedication to upholding the principles enshrined in the Constitution, forming the foundation of its democratic ethos.
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Model Answer Introduction The I.R. Coelho v. State of Tamil Nadu (2007) is a landmark judgment by the Supreme Court of India that significantly reinforced the doctrine of the basic structure of the Constitution and underscored the importance of judicial review. Body In the Coelho case, the Supreme CRead more
Model Answer
Introduction
The I.R. Coelho v. State of Tamil Nadu (2007) is a landmark judgment by the Supreme Court of India that significantly reinforced the doctrine of the basic structure of the Constitution and underscored the importance of judicial review.
Body
In the Coelho case, the Supreme Court held that any law placed in the Ninth Schedule of the Indian Constitution, which was intended to protect certain laws from judicial scrutiny, is not immune from judicial review if it violates the basic structure of the Constitution. The Ninth Schedule was initially created by the First Amendment in 1951 to shield land reform laws from judicial challenges. However, its application expanded over time to include various other laws, effectively insulating them from judicial oversight.
The judgment asserted that even if a law is placed in the Ninth Schedule, it remains subject to judicial review if it infringes upon the Constitution’s basic structure. This ruling limited Parliament’s power to insulate laws from judicial scrutiny, reaffirming that no law can contravene fundamental constitutional principles (Coelho v. State of Tamil Nadu, 2007).
Judicial review serves as a critical mechanism for the courts to evaluate the constitutionality of legislative and executive actions, ensuring compliance with fundamental rights and the rule of law. The basic structure doctrine, established in the Kesavananda Bharati case (1973), identifies several essential features of the Constitution that cannot be altered or removed by constitutional amendments, with judicial review being one of them.
Conclusion
The Coelho case highlights the vital role of judicial review as a key element of the Constitution’s basic features. By asserting the supremacy of the basic structure doctrine over the Ninth Schedule, the Supreme Court reinforced the necessity of judicial review in safeguarding constitutional values and principles against potential legislative overreach.
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