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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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GOVERNOR OF INDIA
The Governor of an Indian state serves as the constitutional head of the state, functioning under the provisions of the Indian Constitution. Appointed by the President of India, the Governor's role is pivotal in maintaining the balance of power between the central and state governments. Key functionRead more
The Governor of an Indian state serves as the constitutional head of the state, functioning under the provisions of the Indian Constitution. Appointed by the President of India, the Governor’s role is pivotal in maintaining the balance of power between the central and state governments.
Key functions and powers of the Governor include:
1. **Executive Powers**: The Governor appoints the Chief Minister and, on their advice, the Council of Ministers. They also appoint key state officials like the Advocate General and members of the State Public Service Commission.
2. **Legislative Powers**: The Governor summons, prorogues, and can dissolve the state legislature. They have the power to reserve bills for the President’s consideration and to promulgate ordinances when the legislature is not in session.
3. **Discretionary Powers**: In specific situations, the Governor can act independently of the advice of the Council of Ministers, such as when deciding who to appoint as Chief Minister when no party has a clear majority.
4. **Judicial Powers**: The Governor has the authority to grant pardons, reprieves, respites, or remissions of punishment.
5. **Financial Powers**: No money bill can be introduced in the state legislature without the Governor’s prior recommendation. They also ensure that the state budget is presented annually.
The Governor’s role is largely ceremonial; however, their discretionary powers and ability to act as a mediator between the central and state governments are crucial for maintaining constitutional governance and political stability.
See lessWho proposed the preamble to the drafting committee?
The preamble to the drafting committee of the Indian Constitution was proposed by Jawaharlal Nehru. He moved the Objectives Resolution on December 13, 1946, which outlined the underlying principles and values that would later be enshrined in the Preamble of the Indian Constitution.
The preamble to the drafting committee of the Indian Constitution was proposed by Jawaharlal Nehru. He moved the Objectives Resolution on December 13, 1946, which outlined the underlying principles and values that would later be enshrined in the Preamble of the Indian Constitution.
See lessAssess the impact of the 42nd Amendment Act on the Indian Constitution. How did it change the balance of power between the central and state governments?
The 42nd Amendment Act of 1976, often referred to as the "mini-Constitution," significantly altered the Indian Constitution. It was enacted during the Emergency period (1975-1977) and introduced extensive changes that impacted the balance of power between the central and state governments. One of thRead more
The 42nd Amendment Act of 1976, often referred to as the “mini-Constitution,” significantly altered the Indian Constitution. It was enacted during the Emergency period (1975-1977) and introduced extensive changes that impacted the balance of power between the central and state governments.
One of the most critical changes was the shift towards centralization. The amendment curtailed the powers of the states, enhancing the authority of the central government. It did so by transferring five subjects from the State List to the Concurrent List, including education, forests, and the administration of justice. This allowed the central government to legislate on these matters, thereby diminishing state autonomy.
Furthermore, the amendment reinforced the central government’s control over state governments by empowering the President to declare a national emergency on the grounds of “internal disturbance,” a term that was later replaced with “armed rebellion” by the 44th Amendment in 1978. This provision increased the central government’s ability to impose its will on states during emergencies.
Additionally, the amendment introduced changes that curtailed the judiciary’s power to review and invalidate laws passed by Parliament, thereby reducing judicial checks on central legislative authority.
Overall, the 42nd Amendment Act tilted the federal balance significantly in favor of the central government, eroding the federal structure envisaged by the original Constitution.
See lessDiscuss the role and significance of the Basic Structure Doctrine in maintaining the supremacy of the Indian Constitution. How has this doctrine been upheld by the judiciary?
The Basic Structure Doctrine in India refers to the principle that certain fundamental features of the Constitution are immutable and cannot be altered even through constitutional amendments. Established by the Supreme Court in the landmark case of Kesavananda Bharati v. State of Kerala (1973), thisRead more
The Basic Structure Doctrine in India refers to the principle that certain fundamental features of the Constitution are immutable and cannot be altered even through constitutional amendments. Established by the Supreme Court in the landmark case of Kesavananda Bharati v. State of Kerala (1973), this doctrine safeguards essential elements such as the supremacy of the Constitution, secularism, federalism, and the separation of powers.
The doctrine ensures that the Parliament cannot amend the Constitution in a manner that alters its core identity and fundamental principles. It acts as a bulwark against arbitrary changes that could undermine the constitutional framework and the rights of citizens. The judiciary has consistently upheld this doctrine by striking down amendments that seek to tamper with its core features. For instance, in cases like Indira Gandhi v. Raj Narain (1975) and Minerva Mills v. Union of India (1980), the Supreme Court reaffirmed its authority to review amendments and declared those infringing upon basic structure as unconstitutional.
See lessBy upholding the Basic Structure Doctrine, the judiciary reinforces the supremacy of the Constitution and ensures that any amendments are in harmony with its foundational values, thereby preserving the integrity and stability of India’s constitutional framework.
Explain in detail Article 361 of the Indian Constitution.
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:
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.
See lesssystem of climate change
Transitioning to a low-carbon economy presents several challenges: Economic Costs: The shift involves significant upfront investments in green technologies and infrastructure, which can be a financial burden for businesses and governments. There is also the potential for economic disruption as indusRead more
Transitioning to a low-carbon economy presents several challenges:
Overall, overcoming these challenges requires coordinated efforts between governments, businesses, and communities to ensure a smooth and equitable transition to a low-carbon economy.
See lessindian federal system and regional political parties
Regional parties have significantly strengthened India's federal system by ensuring that local issues and diverse cultural identities are represented. Here's how: 1. Representation of Regional Interests: - Tamil Nadu: Parties like DMK and AIADMK focus on Tamil identity and needs, making sure the cenRead more
Regional parties have significantly strengthened India’s federal system by ensuring that local issues and diverse cultural identities are represented. Here’s how:
1. Representation of Regional Interests:
– Tamil Nadu: Parties like DMK and AIADMK focus on Tamil identity and needs, making sure the central government listens to their concerns.
– Maharashtra: Shiv Sena advocates for Marathi people, ensuring their local issues are addressed nationally.
2. Decentralization of Power:
– Andhra Pradesh: The Telugu Desam Party (TDP) fought for more state control over finances and administration.
– Odisha: The Biju Janata Dal (BJD) pushed for better disaster management and more financial autonomy.
3. Coalition Politics:
– National governments often rely on regional parties to form coalitions, leading to greater consideration of regional demands.
– West Bengal: Trinamool Congress (TMC) has ensured the state’s interests are considered in national policies.
– Bihar: Janata Dal (United) [JD(U)] highlights state development issues in national coalitions.
4. Policy Influence:
– Delhi: Aam Aadmi Party (AAP) has pushed for more administrative control for the city-state.
– Punjab: Akali Dal focuses on agricultural policies that benefit the state.
Overall, regional parties ensure local voices are heard, promote cultural diversity, and contribute to a more balanced sharing of power between the central government and states.
See lessFundamental Rights in Indian Constitution
Article 32 of the Indian Constitution plays a crucial role in guaranteeing the upholding of citizens' constitutional remedies and the enforcement of their fundamental rights. Often referred to as the "heart and soul" of the Constitution, this article holds immense significance in the Indian legal anRead more
Article 32 of the Indian Constitution plays a crucial role in guaranteeing the upholding of citizens’ constitutional remedies and the enforcement of their fundamental rights. Often referred to as the “heart and soul” of the Constitution, this article holds immense significance in the Indian legal and political landscape.
In essence, Article 32 of the Indian Constitution serves as the bedrock for the protection and enforcement of fundamental rights, ensuring that the promise of a just and equitable society enshrined in the Constitution is realized in practice. It has been a vital tool in the hands of the judiciary to safeguard the rights and freedoms of Indian citizens against potential infringement by the state.
See lessIn the recent context, Right to Information act is emerging as "dead letter". Discuss your answer with relevant cases.
The Right to Information Act (RTI) was enacted in 2005 with mainly the aim to promote and empower transparency and accountability between citizens and government in India to achieve the goal of good governance. Although the purpose of RTI was to bring accountability and transparency, due to some recRead more
The Right to Information Act (RTI) was enacted in 2005 with mainly the aim to promote and empower transparency and accountability between citizens and government in India to achieve the goal of good governance. Although the purpose of RTI was to bring accountability and transparency, due to some recent developments , the concern of RTI becoming a ‘dead letter’ is now more eminent showcasing a drastic decline of its effectiveness.
If we examine the statistics of cases regarding RTI, we can notice that around 3.15 lakh cases are pending in different Information Commissions in India due to shortage of Information Commissions with several Commission being defunct for extended period of time. Again with adding shortage of Commissioners, the dilution of law done through RTI Amendment Act, 2019 where the autonomy of Central and State Information Commissioners are reduced by allowing Central Government to determine the terms of services of them. The fact that RTI in many cases are not utilised for necessary interests but filing many RTIs in same subject overwhelming the system.
RTI being an important tool for transparency, the factors of misuse and legislative dilution makes RTI ineffective and if not corrected will continue as ‘Dead Letter’.
See lessArticle 21 of the Indian Constitution guarantees the protection of life and personal liberty. Discuss how the judiciary has expanded the scope of Article 21 through various landmark judgments. How has this expansion impacted the rights of individuals in India? Illustrate your answer with relevant case laws.
Article 21 of Constitution of India protects the fundamental right to life and personal liberty. The scope of this article has been expanded by the judiciary in various judgements. One of the landmark case for this article is - Maneka Gandhi v. UOI. In this case the passport of Maneka Gandhi was seiRead more
Article 21 of Constitution of India protects the fundamental right to life and personal liberty. The scope of this article has been expanded by the judiciary in various judgements. One of the landmark case for this article is – Maneka Gandhi v. UOI. In this case the passport of Maneka Gandhi was seized by the authorities under the Passport Act. A lawsuit followed. A 7 judge bench of Supreme Court held that a procedure under article 21 cannot be arbitrary or unreasonable. It paved a path to make India a Welfare State. It said that Right to life and personal liberty also included the right to travel abroad. It also established a relationship between Article 14 , 19 and 21; the holy trinity of the Indian Constitution. It also paved way to expand the rights of individuals against the state , instead of limiting or contracting them.
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