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Features of Indian Constitution

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.

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Home/Indian Constitution/Features of Indian Constitution/Page 3

Mains Answer Writing Latest Questions

Mayur Wagh
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Mayur WaghBegginer
Asked: July 24, 2024In: , ,
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How does the parliament of India ensure the accountability of the executive?

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  1. ChahT
    ChahT

    The Parliament of India ensures accountability of the executive through various mechanisms aimed at enhancing transparency and oversight. First of all, the executive is headed by the Prime Minister and his Council of Ministers, who are responsible to the Lok Sabha, Parliament's Lower House. These shRead more

    The Parliament of India ensures accountability of the executive through various mechanisms aimed at enhancing transparency and oversight. First of all, the executive is headed by the Prime Minister and his Council of Ministers, who are responsible to the Lok Sabha, Parliament’s Lower House. These shall, in turn, be enforced through a number of parliamentary procedures and practices. They can question ministers during the Question Hour, seek clarifications, and hold debates on various burning issues. It has also developed methods through its several committees, like the Public Accounts Committee and the Estimates Committee, whereby the Parliament dissects executive actions, in particular their expenditure and policy, and criticizes them when required. The Parliament can pass or may reject legislation introduced by the executive; thus, this will ensure that policies reflect legislative intent. No-confidence motion against the government can only be brought in to the Lok Sabha, and upon the passage, it can force the Prime Minister and the entire Council of Ministers to resign. In aggregate, all these processes ensure that the executive remains answerable to the elected representatives and, by extension, to the people of India.

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Sanskruti berde
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Sanskruti berdeBegginer
Asked: July 19, 2024In:
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Does Article 361 Bar Investigation Against Governor even in a case of heinous crimes such as rape, molestation or corruption?

  1. Anishka Ray
    Anishka Ray Begginer

    Article 361 of the Indian Constitution provides certain immunities to the President and Governors of States. According to this article: Immunity from Court Proceedings: The President and Governors are not answerable to any court for the exercise and performance of the powers and duties of their offiRead more

    Article 361 of the Indian Constitution provides certain immunities to the President and Governors of States. According to this article:

    1. Immunity from Court Proceedings: The President and Governors are not answerable to any court for the exercise and performance of the powers and duties of their office or for any act done or purported to be done by them in the exercise and performance of those powers and duties.
    2. Criminal Proceedings: No criminal proceedings shall be instituted or continued against the President or a Governor during their term of office.
    3. Arrest or Imprisonment: The President or a Governor shall not be arrested or imprisoned during their term of office.
    4. Civil Proceedings: No process for the arrest or imprisonment of the President or a Governor shall be issued from any court during their term of office.

    However, this immunity does not mean that the President or Governors are above the law entirely. It means that they cannot be prosecuted or arrested while they are in office. If there are allegations of heinous crimes such as rape, molestation or corruption,they can be investigated.

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Vamika Kohli
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Vamika KohliBegginer
Asked: July 26, 2024In: , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,
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Should developing countries such as India prioritize economic growth over stringent environmental regulations, given their need to improve living standards and reduce poverty? Why or why not?

climate changedeveloping nationseconomic developmentgreen economypolicy dilemmaspovertyquestionresource managementsustainabilitysustainable growthurbanisation
  1. Shehla Iram
    Shehla Iram Begginer

    The debate between economic growth and environmental protection in developing countries is  complex and essential . On one hand, economic growth is essential for improving living standards, reducing poverty, and providing better infrastructure, education, and healthcare. Many developing nations relyRead more

    The debate between economic growth and environmental protection in developing countries is  complex and essential . On one hand, economic growth is essential for improving living standards, reducing poverty, and providing better infrastructure, education, and healthcare. Many developing nations rely on industrialization, urbanization, and exploitation of natural resources to fuel this growth.  This often comes at the cost of environmental degradation, including deforestation, air and water pollution, and loss of biodiversity. On the other hand, environmental protection is crucial for ensuring long-term sustainability and the health of populations. Developing countries face the challenge of balancing these competing priorities. A focus only on economic growth can lead to severe environmental damage, which in turn can undermine future economic prospects by depleting natural resources and causing health problems. Likewise , stringent environmental regulations can hinder economic development by increasing costs and limiting industrial activities. So, the solution lies in adopting a sustainable development model that integrates economic growth with environmental stewardship. This includes investing in green technologies, enforcing environmental regulations, and promoting practices that minimize ecological footprints. International support, through financial aid and technology transfer, is also important to help developing countries achieve this balance.

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Aqsa Khan
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Aqsa KhanBegginer
Asked: July 20, 2024In:
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  1. Kritiksha
    Kritiksha Begginer

    Judicial review, in the simplest sense, is the power of the judiciary to review and determine the validity of the laws passed by the legislature in such a way that it does not conflict with the Constitution. The concept has been borrowed from the U.S. Constitution and is one of the basic structuresRead more

    Judicial review, in the simplest sense, is the power of the judiciary to review and determine the validity of the laws passed by the legislature in such a way that it does not conflict with the Constitution. The concept has been borrowed from the U.S. Constitution and is one of the basic structures of the Indian Constitution.

    According to Article 13(2), the Union shall not make any law that takes away or bridges any fundamental rights and any law made in contravention of the aforementioned mandate shall, to the extent be void. From this article the main functions of Judicial review can be summarised as:

    • Protection of Fundamental Rights
    • Ensuring Constitutional Supremacy
    • Federal Balance
    • Check on the use of arbitrary powers by the legislature.
    • Development of Constitutional Law

    Further, it also safeguards the constitution of India by assessing the constitutionality of the government’s actions, thereby preventing unconstitutional laws and actions. It protects fundamental rights, allowing courts to nullify any law or action that infringes individual liberties. The Supreme Court’s Basic Structure Doctrine, established in Kesavananda Bharati v. State of Kerala (1973), ensures that certain core constitutional features remain unaltered, even by amendments. Judicial review also prevents abuse of power by promoting accountability and transparency in governance and upholding the rule of law.

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Aqsa Khan
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Aqsa KhanBegginer
Asked: July 20, 2024In:
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  1. Priyal Sharma
    Priyal Sharma Begginer

    Judicial review is a crucial part of the Indian Constitution, allowing the judiciary to act as a check on the government's legislative and executive branches. It ensures that the government functions within the limits set by the Constitution and that the rights of citizens are protected. Judicial reRead more

    Judicial review is a crucial part of the Indian Constitution, allowing the judiciary to act as a check on the government’s legislative and executive branches. It ensures that the government functions within the limits set by the Constitution and that the rights of citizens are protected.

    Judicial review is a process by which the Supreme Court and the High Courts of India can examine, determine, and invalidate actions by the executive or legislature that are inconsistent with the Constitution. Courts can strike down any law that violates a provision of the Constitution, and they can also issue writs to correct illegal or invalid government actions.

    Judicial review in India is the power of the Supreme Court and High Courts to examine and invalidate laws or executive actions that are inconsistent with the Constitution. It’s a key part of the separation of powers, ensuring that the Constitution is supreme and that the legislature and executive branches follow its principles.

    Protects fundamental rights

    Judicial review safeguards the fundamental rights of citizens by ensuring they aren’t violated by the government or other authorities.

    Maintains checks and balances

    It acts as a check on the powers of the legislature and executive, preventing misuse of power , etc.

    The Supreme Court and High Courts can strike down laws or executive actions that they find unconstitutional or beyond the powers granted by the Constitution. They can also issue orders, instructions, and writs.

     

     

     

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Aqsa Khan
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Aqsa KhanBegginer
Asked: July 20, 2024In:
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  1. Varsha Gawade (peggyme)
    Varsha Gawade (peggyme) Begginer

    The basic structure of the Constitution is the judicial principle that came into existence after the historic landmark judgment established by the Supreme Court in Keshvananda Bharti vs the State of Kerala. This Doctrine or Judicial Principle states that while the Parliament has the power to amend tRead more

    The basic structure of the Constitution is the judicial principle that came into existence after the historic landmark judgment established by the Supreme Court in Keshvananda Bharti vs the State of Kerala. This Doctrine or Judicial Principle states that while the Parliament has the power to amend the Constitution, it cannot alter or destroy the basic structure of the Constitution. Though the court has not made an exhaustive list, there are certain areas in the constitution where the parliament has no right to alter or destroy it they are the supremacy of the Constitution, the principle of separation of Powers, the Rule of Law, Separation of powers between the legislature, the executive, and the judiciary and so on.

    This Doctrine has preserved the constitutional Principles and ideals of the founding members of the Constitution, this doctrine has helped to preserve the Supremacy of the Constitution and it prevents the destruction by temporary majority in the parliament. Separation of Powers included as one of the elements in basic structure gives supreme independence to the judiciary from the other two organs, Fundamental rights are protected from being abridged.

    The judiciary has upheld the validity of Basic Structure in many ways

    1. Judicial review – The Judiciary has the power to review laws and executive actions, through judicial review, the Supreme Court has the power to strike down laws that violate constitutional principles. However, the court has power to review but cannot rewrite constitutional amendments.
    2. Fundamental Rights – Courts makes sure that fundamental rights enshrined in the Constitution are protected. Any law or amendment infringing these rights can be struck down. This protection forms a core part of the basic structure.
    3. Separation Of Powers – The judiciary ensures that the separation of powers among the judiciary, executive, and legislative are maintained. Encroachment by one organ into the functions of another can be checked by the judiciary to maintain it.

     

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Aqsa Khan
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Aqsa KhanBegginer
Asked: July 20, 2024In:
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  1. Amna Khan
    Amna Khan Begginer

    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-

    • SOCIALIST PRINCIPLES-  They aim to provide social and economic justice and set the path towards the welfare state.
    • GANDHIAN PRINCIPLES- They aim to encourage the establishment professional administration of cooperative societies.
    • LIBERAL AND INTELLECTUAL PRINCIPLES- They aim to promote liberty and equality . they protect the rights of individuals and to promote their welfare.
    • It can also defined as “instruments of instructions’ which were issued by the British Government  under the Government Of India Act of 1935.
    • A new DPSP under Article 38 was added by the 42th Amendment Act of 1978,which needed the state to decrease inequalities in income, status, facilities and oppurtunities.
    • The 86th Amendment Act of 2002 changed the subject matter of article 45 and made elementary education a fundamental right under Article 21A.
    • The Article 40 comes under GANDHIAN PRINCIPLES takes steps to organise village panchayats as units of Self Government.
    • The renowned Golaknath vs the State of Punjab (1967); In this case,  the Supreme Court declared that Fundamental Rights could not be amended by the Parliament even for implementation of Directive principles.(It shows conflict between Fundamental rights and DPSP.

    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.

     

     

     

     

     

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Aqsa Khan
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Aqsa KhanBegginer
Asked: July 20, 2024In:
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  1. Gauri
    Gauri Begginer

    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.”

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