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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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What is the 52nd Amendment of the Indian Constitution and why was it introduced?
The Anti-Defection Law is another name for the 52nd Amendment to the Indian Constitution, which was passed in 1985. It amended the Constitution by adding the Tenth Schedule, which describes the procedure for removing lawmakers for defection. The purpose of this law was to prevent political defectionRead more
The Anti-Defection Law is another name for the 52nd Amendment to the Indian Constitution, which was passed in 1985. It amended the Constitution by adding the Tenth Schedule, which describes the procedure for removing lawmakers for defection. The purpose of this law was to prevent political defections brought about by the promise of financial benefits or position.
Benefits:
Cons:
In general, the 52nd Amendment presents issues with individual freedom and the consolidation of power, even as it seeks to reinforce the political system.
See lessThe Indian Constitution has provisions for holding a joint session of the two houses of the Parliament. Enumerate the occasions when this would normally happen and also the occasions when it cannot, with reasons thereof. (200 words)
Answer:- The President, the Upper House (Rajya Sabha), and the Lower House (Lok Sabha) make up India's parliament. According to Article 108 of the Constitution, the following circumstances may result in the calling of a joint session of parliament: To break the impasse when a bill is passed by one hRead more
Answer:-
The President, the Upper House (Rajya Sabha), and the Lower House (Lok Sabha) make up India’s parliament.
According to Article 108 of the Constitution, the following circumstances may result in the calling of a joint session of parliament:
The following bills have been approved during combined sittings:
The 1960 Dowry Prohibition Bill.
Bill, 1977: Banking Service Commission (Repeal).
The 2002 Prevention of Terrorism Bill.
Certain Joint Session Exemptions:
Money Bill: Only the Lok Sabha must approve money bills in accordance with the Indian Constitution. The Lok Sabha is open to recommendations from the Rajya Sabha, which it need not take.
Bill for Constitutional Amendment: In accordance with Article 368, both chambers of parliament may change the Indian Constitution with a two-thirds majority. In the event of a dispute between the two houses, a joint session of parliament is not called for.
See lessPOLITY PREAMBLE
The Preamble: The Heart of India's Constitution The Preamble is the introduction to India's Constitution, but it's much more than that. It's the heart of the document, summarizing India's core values and guiding principles in a clear and concise way. Source of Power: The Preamble starts with the powRead more
The Preamble: The Heart of India’s Constitution
The Preamble is the introduction to India’s Constitution, but it’s much more than that. It’s the heart of the document, summarizing India’s core values and guiding principles in a clear and concise way.
Source of Power:
The Preamble starts with the powerful statement, “We, the People of India.” This means that the Constitution gets its authority from the people of India, not the government. The government’s power comes from the citizens, not the other way around.
What Kind of Nation:
The Preamble describes India as a:
– Sovereign nation, making its own laws and decisions
– Socialist nation, working for the welfare and equality of all citizens
– Secular nation, respecting all religions equally
– Democratic nation, where people have the power to choose their representatives
– Republic nation, with an elected head of state, not a king or queen
Goals:
The Preamble outlines the main objectives of the Constitution:
– Justice: Social, economic, and political justice for all
– Liberty: Freedom to think, believe, and express oneself
– Equality: Everyone is equal before the law, regardless of caste, religion, gender, or social status
– Fraternity: A sense of brotherhood and unity among citizens
Guiding Light:
The Preamble serves as a guide for interpreting the Constitution and reminds lawmakers of the core values they must uphold. It inspires future generations to work towards the ideals that India was founded upon.
In short, the Preamble is India’s promise to its citizens. It promises a nation that is free, fair, and empowers everyone to reach their full potential. It reminds us of the values that unite us as a nation.
See lessWhat are the key features of the relationship between the Centre and the States in India?
The relationship between the Centre and the States in India is characterized by several key features that define their roles, responsibilities, and interactions within the federal framework of the Indian Constitution. Firstly, India follows a federal system where power is divided between the CentralRead more
The relationship between the Centre and the States in India is characterized by several key features that define their roles, responsibilities, and interactions within the federal framework of the Indian Constitution.
- Firstly, India follows a federal system where power is divided between the Central government and the State governments.The Constitution specifies specific subjects under the Union List, State List, and Concurrent List, outlining which level of government has jurisdiction over each.
- Secondly, while the Union government holds authority over matters such as defense, foreign affairs, and currency, States have jurisdiction over areas like police, health, and agriculture. Concurrent List subjects, such as education and criminal law, allow both levels of government to legislate, though federal law prevails in case of conflict.
- Thirdly, financial relations are crucial, with the Centre collecting most taxes and redistributing a portion to the States through mechanisms like the Finance Commission. This ensures equitable distribution and fiscal stability across regions.
- Lastly, cooperative federalism encourages collaboration between the Centre and States on national issues, promoting joint decision-making through bodies like the Inter-State Council and forums like the National Development Council. This framework balances national unity with regional autonomy, fostering a dynamic relationship that adapts to India’s diverse socio-economic and political landscape.
See lessSeparation of powers and judicial review are integral components of a democracy, providing essential mechanisms to prevent tyranny, protect individual rights, and uphold the rule of law. Discuss.
In a properly functioning democratic setup, if power becomes concentrated in any single entity that is flawed. Essentially, separation of powers and judicial review are required in order to have checks and balances in place so that individual liberty is safeguarded, and rule of law prevails. Let usRead more
In a properly functioning democratic setup, if power becomes concentrated in any single entity that is flawed. Essentially, separation of powers and judicial review are required in order to have checks and balances in place so that individual liberty is safeguarded, and rule of law prevails. Let us try to understand the importance through this article.
See lessSeparation of Powers: Distributing Authority
Division of Functions: The government is divided into three branches:
Legislature: Makes laws (e.g., Parliament)
Executive: Implements laws (e.g., Government)
Judiciary: Interprets laws and settles disputes (e.g., Courts)
Checks and Balances: The power of each branch is to check on the excesses of the others.
It is in the powers of the legislature to come up with laws that will limit the executive power and control expenditure.
The executive can veto legislation and enforce judicial decisions.
The judge can declare a law void, if it is ultra vires to the provisions of the constitution and can held the executive accountable, in case of its excesses.
Such separation is intended to prevent the concentration of power by providing for not only a division of responsibilities, but for an associated partial sharing of powers and authorities․
Judicial Review: Upholding the Constitution
Judiciary Powers: Judicial reviews gives courts authority to check the constitutionality of laws and executive decisions.
Protecting Individual Rights: Courts are the final interpreters of laws and can remove any law passed by the legislature or the executive if it violates people’s basic rights that are enshrined in the constitution. By this way citizens are protected from the arbitrary actions of the legislature or the executive.
Ensuring Rule of Law: Judicial review helps to ensure that no branch of government goes beyond the intended scope of power given by the constitution, in other words it promotes a system where everyone including government is accountable to law.
Forming a robust foundation for a healthy democracy, collectively these mechanisms:
Preventing Tyranny: Through diffusing power and enforcing accountability, separation of powers and judicial review inhibit the growing to dangerous proportions of power in one person or a single group.
Protecting Individual Rights: Judicial review protects the rights of individuals by preventing the government from violating the Constitution and assuming powers not delegated to it.
Promoting Accountability: All the branches are accountable for their actions, thus making a check upon each other and promoting good governance.
Despite being an amalgamation of various constitutions from across the world, the Indian Constitution imbibes social justice, pluralism, and equality through its various provisions. Comment.
The Constitution of India has borrowed quite a few of its provisions from the constitutions of various other countries as well as from the Government of India Act 1935. It is acclaimed by Dr. B.R. Ambedkar that the Constitution of India has been framed after ransacking all the known Constitutions ofRead more
The Constitution of India has borrowed quite a few of its provisions from the constitutions of various other countries as well as from the Government of India Act 1935. It is acclaimed by Dr. B.R. Ambedkar that the Constitution of India has been framed after ransacking all the known Constitutions of the world as highlighted below:
Despite being an amalgamation of various constitutions from across the world, the Indian Constitution imbibes social justice, pluralism, and equality through its various provisions given below:
These unique characteristics of the Indian Constitution make it distinct and it is this uniqueness, which has guided India over the last seven decades on the path of development while preserving her unity and fraternity.
See lessThe tussle between the legislature and judiciary culminated in the 'basic structure' doctrine in the Kesavananda Bharati case. Discuss. What is the significance of the case in limiting the power of the Parliament to amend the Constitution?
In the decades preceding the Kesavananda Bharati case, the amending powers of the Parliament was increased and scope for judicial review was narrowed through cases like Shankari Prasad (1951) and Sajjan Singh (1965). The Parliament had also passed the 24th Amendment to the Constitution, which soughtRead more
In the decades preceding the Kesavananda Bharati case, the amending powers of the Parliament was increased and scope for judicial review was narrowed through cases like Shankari Prasad (1951) and Sajjan Singh (1965). The Parliament had also passed the 24th Amendment to the Constitution, which sought to curtail the powers of the judiciary and limit the scope of judicial review. The 25th and 29th Amendments were later passed, which sought to limit the fundamental rights of citizens and give Parliament the power to amend any part of the Constitution.
Meanwhile, land reforms measures were being undertaken in Kerala. In 1970, the Government of Kerala imposed restrictions on the ownership of land held by religious institutions. The Edneer Mutt, headed by Sri Kesavananda Bharati, challenged the constitutionality of the Act and aforementioned constitutional amendments.
After listening to the case for 6 months, the Supreme Court on 24 April 1973, in a historic 7:6 majority decision, propounded the basic structure doctrine of the Constitution. It held that certain fundamental features of the Constitution cannot be amended by the Parliament.
Important aspect of verdict of the case and how it limits the power of the Parliament to amend the Constitution:
The case thus held that the Parliament has unfettered power to amend the Constitution, but it cannot disturb the basic structure of the Constitution as it has only the power of amendment and not of rewriting the constitution. The Kesavananda Bharati case thus had far-reaching consequences for the constitutional development of India, making it one of the most significant cases in Indian constitutional law.
See less"The purpose of having a Constitution is to transform the society for the better and this objective is the fundamental pillar of transformative constitutionalism." Discuss with the help of recent case laws.
The concept of transformative constitutionalism means the ability of the Constitution to adapt and transform with the changing needs of the times. It aims to create a more just and equal society through the interpretation and application of constitutional provisions. It has at its core an urge to trRead more
The concept of transformative constitutionalism means the ability of the Constitution to adapt and transform with the changing needs of the times. It aims to create a more just and equal society through the interpretation and application of constitutional provisions.
It has at its core an urge to transform the Indian society so as to embrace therein, in letter and spirit, the ideals of justice, liberty, equality and fraternity as set out in the Preamble to our Constitution. The India Constitution’s transformative character has been highlighted in several recent cases as follows:
The sole goal of transformative constitutionalism is to maintain and strengthen the principles of our humane constitution. By interpreting the constitution in such a way that more and more societal interests are served, the Supreme Court plays an essential role in balancing societal interests with social changes.
See lessConstitutionally reconciling Fundamental Rights with the Directive Principles of State Policy (DPSPs) has been a tough task since the inception of the Indian Constitution. Discuss with the help of relevant case laws.
Directive Principles of State Policy (DPSP) in the Indian Constitution concern itself with social and economic issues and are usually defined in terms of positive rights demanding action by the state, as opposed to the negative individual rights that are included in the Fundamental Rights part of thRead more
Directive Principles of State Policy (DPSP) in the Indian Constitution concern itself with social and economic issues and are usually defined in terms of positive rights demanding action by the state, as opposed to the negative individual rights that are included in the Fundamental Rights part of the Constitution. Constitutionally reconciling the Fundamental Rights (FRs) with DPSPs, has been a tough task faced by every government since 1950. This can be seen through frequent amendments of the Constitution in Parliament, and frequent interventions by the judiciary:
At present, the position is that Fundamental Rights enjoy supremacy over the Directive Principles but the Parliament can amend the Fundamental Rights for implementing the Directive Principles, so long as it conforms to the basic structure of the Constitution.
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