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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Objections to domicile-based reservation in private sector jobs on the grounds of constitutional equality and freedom are misplaced. Critically discuss.
Answer: Recently, the State Government of Haryana provided for 75% reservation to locals in private sector jobs that offered a monthly salary of less than Rs. 30,000. This move is seen as a contravention of Article 14 and Article 16 of the Constitution pertaining to the Right to Equality and ArticleRead more
Answer: Recently, the State Government of Haryana provided for 75% reservation to locals in private sector jobs that offered a monthly salary of less than Rs. 30,000. This move is seen as a contravention of Article 14 and Article 16 of the Constitution pertaining to the Right to Equality and Article 19 pertaining to the Right to Freedom. However, these objections to domicile based reservation laws in the private sector on grounds of Constitutional equality and freedom are misplaced as:
On the other hand, there is a need to take into consideration some objections before implementing domicile-based reservation:
The rise in regional inequalities (east vis-a-vis west and south) since the 1990s has deepened social divisions, with migration largely headed towards the western and southern states where infrastructure is better developed. The setting up of educational and skills institutions in backward areas can bridge this gap. Also, the concept of equality under the Constitution is a dynamic concept. Therefore, it is necessary to take into account de facto inequalities that exist in the society, and to take affirmative action by way of giving preference to the socially and economically disadvantaged persons to bring about real equality.
See lessThere have been arguments that sedition law is an attack on the very foundation of India's liberal democratic principles, as enshrined in the Constitution. Do you agree?
Answer: In India, Sedition has been defined in Section 124A of the Indian Penal Code as an offense committed when any person brings/attempts to bring into hatred or contempt, or excites/attempts to excite disaffection towards the government established by law through their words (spoken or written),Read more
Answer: In India, Sedition has been defined in Section 124A of the Indian Penal Code as an offense committed when any person brings/attempts to bring into hatred or contempt, or excites/attempts to excite disaffection towards the government established by law through their words (spoken or written), or signs or by visible representation or otherwise. It is a non-bailable offense and can be punished with an imprisonment up to a life term. The passport of the person charged under the law is seized and the person is barred from government jobs until proven innocent. This law was drafted by Macaulay in 1837 and was inserted in IPC in 1870. Leaders like Bal Gangadhar Tilak and Gandhiji had been tried under sedition. This law has been an object of intense debate since independence. Arguments against the Sedition Law:
Arguments in favour of the Sedition Law:
A democracy requires citizens to actively participate in debates and express their constructive criticisms of government policies. Therefore, the Sedition law should be used only in rare cases. In this context, the Law Commission (2018 report) has rightly recommended that Section 124A should either be repealed or should be invoked only if there is an intention to disrupt public order or overthrow the State with violence and illegal means.
See lessExplain the importance of a Constitution in the context of a democratic country like India.
The Constitution plays a pivotal role in shaping the nation's governance and ensuring the protection of its citizens' rights and freedoms. The importance of the Constitution in India can be highlighted as follows: 1. Foundational Document: The Constitution is the fundamental law of the land, providiRead more
The Constitution plays a pivotal role in shaping the nation’s governance and ensuring the protection of its citizens’ rights and freedoms. The importance of the Constitution in India can be highlighted as follows:
1. Foundational Document: The Constitution is the fundamental law of the land, providing the framework for the country’s political, social, and economic systems. It outlines the structures, powers, and functions of the government, along with the rights and duties of the citizens.
2. Safeguarding Democracy: As a democratic nation, India’s Constitution serves as a safeguard for the country’s democratic principles, ensuring the separation of powers, checks and balances, and the rule of law. It protects the rights and liberties of the people, preventing the concentration of power in the hands of a few.
3. Ensuring Stability and Unity: The Constitution binds the diverse regions, cultures, and communities of India into a cohesive nation, promoting unity and integrity. It establishes the federal structure and the division of powers between the central and state governments, maintaining the balance of power.
4. Progressive Evolution: The Constitution is a living document that can be amended to adapt to the changing needs and aspirations of the people. This flexibility allows for the incorporation of new ideas and the evolution of the country’s governance system.
5. Judicial Review: The Constitution empowers the judiciary to exercise the power of judicial review, ensuring that the actions of the executive and legislative branches are in accordance with the constitutional provisions.
Overall, the Constitution is the cornerstone of India’s democratic framework, providing the necessary foundations for the country’s growth, development, and the protection of its citizens’ rights and freedoms.
See lessWhat do you understand by rule of law? Explain how this idea is reflected in the Constitution of India.
According to A.V. Dicey, the rule of law means the absolute supremacy or predominance of the regular law as opposed to the influence of arbitrary power and excludes the existence of arbitrariness and discretion on the part of the executive. Constitutionalism or limited government is means t the esseRead more
According to A.V. Dicey, the rule of law means the absolute supremacy or predominance of the regular law as opposed to the influence of arbitrary power and excludes the existence of arbitrariness and discretion on the part of the executive. Constitutionalism or limited government is means t the essence of Rule of Law. Only a State that is governed by law and imbibes the ideals of justice and equity can be said to have the “Rule of Law”. A.V. Dicey’s Rule of Law: According to Prof. Dicey, Rule of law contains three principles:
This idea of rule of law is reflected in following provisions of the Indian Constitution:
Supremacy of law is the spirit that drives the Constitution which is based on justice and equality and the Rule of Law establishes it. The Rule of Law has evolved and it is also linked with human rights. In India, the Rule of Law has been upheld by the judiciary in many instances which led to creation of new remedies for human rights violations. Also, repealing of archaic laws, safeguarding against misuse of laws, curbing criminalization of politics etc. can be actions in the right direction to uphold the Rule of Law.
See lessExplain the concept of separation of powers. What are the provisions in the Indian Constitution, which reflect separation of powers?
The concept of separation of powers is a fundamental principle of democratic governance, where the different branches of government (executive, legislative, and judiciary) are kept independent and have distinct powers and responsibilities. This separation aims to prevent the concentration of power aRead more
The concept of separation of powers is a fundamental principle of democratic governance, where the different branches of government (executive, legislative, and judiciary) are kept independent and have distinct powers and responsibilities. This separation aims to prevent the concentration of power and ensure a system of checks and balances.
The Indian Constitution reflects the principle of separation of powers through the following provisions:
1. Executive Branch: The President is the head of the executive branch, while the Prime Minister and the Council of Ministers are responsible for the day-to-day administration of the government.
2. Legislative Branch: The Parliament, comprising the Lok Sabha and the Rajya Sabha, is responsible for making laws and holding the executive branch accountable.
3. Judicial Branch: The Supreme Court and the High Courts are the guardians of the Constitution, with the power to interpret the law and ensure its proper implementation.
The Constitution further reinforces the separation of powers by:
– Providing for the independence of the judiciary, with provisions for the appointment, tenure, and removal of judges.
– Granting the legislature the exclusive power to make laws, while the executive is responsible for their implementation.
– Empowering the judiciary to review the actions of the executive and legislative branches to ensure their compliance with the Constitution.
This separation of powers ensures that no single branch of government can dominate or abuse its authority, thereby safeguarding the democratic principles of India.
See lessThe basic structure doctrine of the Indian Constitution is a judicial innovation. Analyse.
According to the basic structure doctrine, the power of the Parliament to amend the Constitution is not absolute and any amendment that tries to change the 'basic structure' of the Constitution is invalid. However, there is no mention of the term "Basic Structure" anywhere in the Constitution of IndRead more
According to the basic structure doctrine, the power of the Parliament to amend the Constitution is not absolute and any amendment that tries to change the ‘basic structure’ of the Constitution is invalid. However, there is no mention of the term “Basic Structure” anywhere in the Constitution of India. It has evolved gradually over time through many judgements.
The basic structure doctrine is considered as judicial innovation because the content/ framework of basic structure was clarified by the judiciary through the numerous landmark judgements as follows:
The final word on the doctrine of basic structure of the Constitution has not been pronounced by the Supreme Court. While the idea that there is such a concept as a basic structure to the Constitution is well established, its contents cannot be completely determined with any measure of finality until the Supreme Court clearly lists them. Nevertheless, the sovereign, democratic and secular character of the polity, rule of law, independence of the judiciary, fundamental rights of citizens etc. are some of the essential features of the Constitution that have appeared time and again in the apex court’s pronouncements. However, it has ensured that all laws and constitutional amendments are now subject to judicial review and laws that transgress the ‘basic structure’ are likely to be struck down by the Supreme Court. In essence, the Parliament’s power to amend the Constitution is not absolute and the Supreme Court is the final arbiter over and interpreter of all constitutional amendments.
See lessDespite having features borrowed from Constitutions of various other countries, the Constitution of India remains unique. Discuss.
Answer: The Indian Constitution has several features, which were borrowed from various other countries. For instance, the parliamentary form of government, bicameralism and legislative procedures from the United Kingdom; the fundamental rights, independent judiciary and the process of removal of SupRead more
Answer:
The Indian Constitution has several features, which were borrowed from various other countries. For instance, the parliamentary form of government, bicameralism and legislative procedures from the United Kingdom; the fundamental rights, independent judiciary and the process of removal of Supreme Court judges from United States of America; the ideals of liberty, equality and fraternity in the preamble from France; the Federation with a strong Centre from Canada; the Directive Principles of State Policy from Ireland; and the idea of socio-economic and political justice from erstwhile USSR.
Despite the presence of these borrowed provisions, the Indian Constitution remains unique, as can be observed below:
Thus, the Indian Constitution is not merely a borrowed document. It reflects the sagacity and the foresight of the founding fathers who have tailored it according to the needs of the country and its people.
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