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The Constitution of India is renowned for its comprehensive and progressive features. Key aspects include its federal structure, with a balance of power between the center and states, and a multi-party parliamentary system of governance.
The amendment process is rigorous, ensuring stability while allowing for necessary changes. Further, the Constitution mandates universal adult suffrage, guaranteeing the right to vote for all citizens.
The philosophy of Indian Democracy is embodied in the preamble of the Constitution of India. Explain. (125 Words) [UPPSC 2019]
Philosophy of Indian Democracy in the Preamble 1. Core Values The Preamble of the Indian Constitution enshrines the core philosophy of Indian democracy. It declares India as a Sovereign, Socialist, Secular, Democratic Republic committed to justice, liberty, equality, and fraternity. 2. Sovereignty aRead more
Philosophy of Indian Democracy in the Preamble
1. Core Values
The Preamble of the Indian Constitution enshrines the core philosophy of Indian democracy. It declares India as a Sovereign, Socialist, Secular, Democratic Republic committed to justice, liberty, equality, and fraternity.
2. Sovereignty and Republic
Sovereignty emphasizes India’s independence in its internal and external affairs. Republic signifies an elected head of state rather than a hereditary monarchy, as seen with the President of India.
3. Socialism and Secularism
Socialist reflects the commitment to reducing economic disparities, demonstrated by initiatives like the Pradhan Mantri Awas Yojana. Secularism ensures equal treatment of all religions, evident in policies supporting religious diversity.
4. Democratic Principles
Democracy ensures representative governance and free elections, as seen in recent general elections that reflect the people’s will.
In summary, the Preamble captures the essence of Indian democracy, guiding its principles and practices.
See lessWhat was held in the Coelho case? In this context, can you say that judicial review is of key importance amongst the basic features of the Constitution? (200 words) [UPSC 2016]
The Coelho case, formally known as I.R. Coelho v. State of Tamil Nadu (2007), was a landmark Supreme Court judgment addressing the scope of judicial review concerning constitutional amendments. Key Holdings in the Coelho Case: Constitutional Amendments and Fundamental Rights: The Supreme Court heldRead more
The Coelho case, formally known as I.R. Coelho v. State of Tamil Nadu (2007), was a landmark Supreme Court judgment addressing the scope of judicial review concerning constitutional amendments.
Key Holdings in the Coelho Case:
Constitutional Amendments and Fundamental Rights: The Supreme Court held that while Parliament has the power to amend the Constitution under Article 368, it cannot alter or destroy the basic structure of the Constitution. This principle was established in earlier cases like Kesavananda Bharati v. State of Kerala (1973), and the Coelho case reaffirmed this doctrine.
Doctrine of Basic Structure: The Court reiterated that any amendment affecting the basic structure of the Constitution, including Fundamental Rights, is subject to judicial review. This doctrine ensures that amendments do not violate core principles like democracy, rule of law, and the separation of powers.
Scope of Judicial Review: The case emphasized that judicial review remains a fundamental mechanism to uphold the basic structure and ensure that constitutional amendments adhere to the core values enshrined in the Constitution.
Importance of Judicial Review:
See lessJudicial review is indeed of key importance among the basic features of the Constitution. It serves as a crucial check on the powers of the legislature and executive, ensuring that their actions and amendments do not undermine the Constitution’s fundamental principles. The Coelho case underscored that judicial review safeguards the integrity of the Constitution by preventing amendments that could compromise its basic structure. Thus, judicial review is integral to maintaining constitutional supremacy and protecting democratic governance.
Discuss each adjective attached to the word ‘Republic’ in the ‘Preamble’. Are they defendable in the present circumstances? (200 words) [UPSC 2016]
The Preamble of the Indian Constitution describes India as a “Sovereign Socialist Secular Democratic Republic.” Each adjective attached to “Republic” signifies a core principle of the Indian state. Here’s a discussion of each adjective and their dependability in contemporary circumstances: 1. SovereRead more
The Preamble of the Indian Constitution describes India as a “Sovereign Socialist Secular Democratic Republic.” Each adjective attached to “Republic” signifies a core principle of the Indian state. Here’s a discussion of each adjective and their dependability in contemporary circumstances:
1. Sovereign
See lessMeaning: India is a sovereign state, meaning it has full control over its domestic and foreign affairs without external interference.
Dependability: This principle remains robust. India exercises complete authority over its territory and policy-making, even though it engages in international cooperation and obligations. Sovereignty is upheld in its legal and practical aspects.
2. Socialist
Meaning: Socialist denotes the commitment to reducing economic inequalities and ensuring a fair distribution of wealth and resources.
Defendability: The socialist ideal remains relevant, though its implementation faces challenges. Recent policies have aimed at enhancing social welfare and reducing disparities, but there are ongoing debates about the effectiveness and inclusivity of these measures.
3. Secular
Meaning: Secularism implies that the state treats all religions equally and does not favor or discriminate against any religion.
Defendability: The secular nature of India is constitutionally mandated, but its practice is contentious. There have been instances of religious tensions and controversies, which raise concerns about the true implementation of secularism. However, the fundamental principle is upheld in law and intended state policy.
4. Democratic
Meaning: Democratic signifies that the government is elected by the people and is accountable to them.
Defendability: India remains a functioning democracy with regular elections, representative institutions, and civil liberties. Challenges like electoral reforms and political polarization exist, but the democratic framework continues to operate effectively.
Conclusion
The adjectives attached to “Republic” in the Preamble reflect foundational values of the Indian state. While practical challenges and debates exist, these principles remain defendable as the country strives to align its practices with constitutional ideals.
Discuss the evolution and impact of the "Basic structure doctrine" of the Indian Constitution. (200 Words) [UPPSC 2022]
Evolution and Impact of the Basic Structure Doctrine Evolution: Introduction: The Basic Structure Doctrine was established by the Supreme Court of India in the landmark case of Kesavananda Bharati v. State of Kerala (1973). The Court, led by Chief Justice S.M. Sikri, ruled that while Parliament hasRead more
Evolution and Impact of the Basic Structure Doctrine
Evolution:
Impact:
In essence, the Basic Structure Doctrine has played a pivotal role in maintaining the core values of the Indian Constitution while allowing for necessary reforms and amendments within its framework.
See less"The Constitution of India is a living instrument with capabilities of enormous dynamism. It is a constitution made for a progressive society." Illustrate with special reference to the expanding horizons of the right to life and personal liberty. (250 words) [UPSC 2023]
The Constitution of India, often described as a "living instrument," demonstrates remarkable dynamism and adaptability, reflecting its ability to evolve with societal progress. This is particularly evident in the expanding horizons of the right to life and personal liberty under Article 21. EvolutioRead more
The Constitution of India, often described as a “living instrument,” demonstrates remarkable dynamism and adaptability, reflecting its ability to evolve with societal progress. This is particularly evident in the expanding horizons of the right to life and personal liberty under Article 21.
Evolution of the Right to Life and Personal Liberty:
In essence, the Constitution’s dynamic nature allows it to adapt to contemporary needs and challenges, ensuring that fundamental rights like those under Article 21 continue to protect and enhance the quality of life in a progressive society.
See lessquasi- federal india
India cannot be a unitary state because the constitution gives more power to center than the states,more power is given to central government.Here's an explanation for more clarity- 1-India is a diverse country and home of vast cultures,languages,ethnic groups and religions,if all the power will beRead more
India cannot be a unitary state because the constitution gives more power to center than the states,more power is given to central government.Here’s an explanation for more clarity-
1-India is a diverse country and home of vast cultures,languages,ethnic groups and religions,if all the power will be centralised it would be difficult for a government to manage and respect the diversity,hence the federal structure gives different states the authority to manage things according to their local needs.
2-In British era,India was controlled by a centralised authority,which caused a lot of dissatisfaction and the framers of the constitution were aware about this situation hence they designed our constitution accordingly.
3-The federal structure of our constitution divides the power between central and state.India has bicameral legislature which represents the states at the federal level.
4-The center has more powers but supreme court often rules in favour of states rights whenever there is conflict which maintains power between center and state.
5-India is large and diverse country it cannot be government effectively by centralised authority and centralised government would be overburdened and disconnected from local realities ,local administration are better at handling local issues which helps in smooth functioning.
In simpler terms,India should remain a federal country because it is too diverse and has complex historical context and need for local governance.The balance between federalism and centralisation ensures effective functioning of a nation while respecting regional identities and maintaining unity.
Sarkaria Commission (1983)
The Sarkaria commission, also called "Commission on Centre- State relations" was formed by the Government in 1983 in order to improve the relations between the Centre and state in matters of power distribution and administrative measures. There were varied reasons for its formation which are as follRead more
The Sarkaria commission, also called “Commission on Centre- State relations” was formed by the Government in 1983 in order to improve the relations between the Centre and state in matters of power distribution and administrative measures.
There were varied reasons for its formation which are as follows: –
Few important recommendations given by Sarkaria commission are as follows:-
While all the recommendations of Sarkaria commission are not fully implemented yet, its report remains a significant reference on Centre-state relations.
See lessElucidate the role of the Directive Principles of State Policy (DPSPs) in the governance of India. How do they complement the Fundamental Rights?
The Directive Principles of State Policy are outlined in Part IV (Article 36 - 51) of the Constitution of India. The constitution makers borrowed these principles from the Irish Constitution. These principles are Socialist ,Gandhian and Liberal - Intellectual in nature. Role of Directive PrinciplesRead more
The Directive Principles of State Policy are outlined in Part IV (Article 36 – 51) of the Constitution of India. The constitution makers borrowed these principles from the Irish Constitution. These principles are Socialist ,Gandhian and Liberal – Intellectual in nature.
Role of Directive Principles of State Policy ( DPSP) in governance
1)Article 37 states that though DPSPs are non justiciable, they are fundamental in the governance of the country and it is the duty of the states to apply principles while formulating policies.
2)DPSPs serve as guiding principles through which a welfare state can be established.
3) DPSPs serve as a test for the performance of the government.
4) DPSPs bring stability and continuity in policies and serve as a common political manifesto.
5) DPSPs lay down foundation for realization of economic and social democracy.
DPSPs are complementary to fundamental rights and fill the vacuum for providing social and economic rights. They are helpful to the courts in the interpretation of fundamental rights and allow for their full and proper enjoyment. Dr. BR Ambedkar, chairman of the Drafting Committee of the Constituent Assembly, had stated that, “The Directive Principles are specially designed to establish social and economic democracy.”
See lessWhy didn’t Dr. Ambedkar include the word “secularism” in the constitution?
Dr. B.R. Ambedkar, the principal architect of the Indian Constitution, did not explicitly include the word "secularism" in the original text of the Constitution when it was adopted in 1950. However, the principles of secularism were embedded in the Constitution through various provisions. ReaRead more
Dr. B.R. Ambedkar, the principal architect of the Indian Constitution, did not explicitly include the word “secularism” in the original text of the Constitution when it was adopted in 1950. However, the principles of secularism were embedded in the Constitution through various provisions.
Reasons for Not Including the Word “Secularism” Initially
1. Implicit Secularism: The Constitution already embodied secular principles. For instance, it guaranteed freedom of religion under Articles 25 to 28, prohibited discrimination on religious grounds under Articles 14 and 15, and abolished untouchability under Article 17.
2. Socio-political Context: The immediate post-independence period was a sensitive time for India, with the country recovering from partition-related violence and communal tensions. Explicitly stating “secularism” might have been seen as unnecessary or potentially divisive at that time.
3. Comprehensive Approach: The framers of the Constitution chose to embed the spirit of secularism throughout the document rather than through a single term. This was meant to ensure that secular values permeated the entire constitutional framework.
Addition of the Term in 1976
The term “secularism” was explicitly added to the Preamble of the Indian Constitution by the 42nd Amendment Act of 1976 during the Emergency period under Prime Minister Indira Gandhi’s government.
1. Political Context: The political environment of the mid-1970s, marked by the Emergency (1975-1977), saw significant constitutional and political changes. Adding the term “secularism” was part of a broader set of amendments aimed at emphasizing certain values and principles in the face of contemporary challenges.
2. Clarification of Values: By explicitly stating “secularism” in the Preamble, the government sought to clarify and reinforce the commitment of the Indian state to a secular ethos, ensuring that the separation of religion and state was clearly understood as a fundamental principle of governance.
3. Constitutional Clarity: The inclusion of the term helped in providing constitutional clarity and emphasis on the secular character of the Indian state, especially in a period when there were debates and discussions about the role of religion in politics.
Thus, while Dr. Ambedkar and the original framers chose to incorporate secular principles implicitly throughout the Constitution, the explicit addition of the term “secularism” in 1976 served to highlight and reaffirm these principles in a changing political and social landscape.
See lessElucidate the role of the Directive Principles of State Policy (DPSPs) in the governance of India. How do they complement the Fundamental Rights?
Answer-The Directive Principles of State Policy borrowed from Ireland is an unique feature of the Indian Constitution. Article 36-51 belong to Directive Principles of State Policy (DPSP). It intents to lead the Nation towards the establishment of a just Equitable Society. The part-IV of Indian ConsRead more
Answer-The Directive Principles of State Policy borrowed from Ireland is an unique feature of the Indian Constitution. Article 36-51 belong to Directive Principles of State Policy (DPSP).
It intents to lead the Nation towards the establishment of a just Equitable Society.
The part-IV of Indian Constitution belongs to Directive Principles of State Policy.
They are non-justiciable similar to Fundamental Duties.
The main aim of Directive Principles of State Policy is to establish a Welfare State.
It emphasizes and encourages the state to take positive actions for the betterment of society.
They are ideals which are not legally enforceable by the courts for their violation.
The types and features of DPSP are mentioned here-
Fundamental Rights and DPSP are considered complementary to each other.
DPSP discusses the goals and principles the state should attempt to achieve in the social and economic fields.
And Fundamental Rights focus on individual rights and liberties.
Fundamental Rights are stated as limitations on State action whereas Directive Principles navigate the state to work with proper policies for the betterment of country’s people.
They both work for the Social and Economic Welfare of the people of the country in different spheres.
They both promote welfare and development of the community.