The Bharatiya Nyaya Sanhita (BNS), the Bharatiya Nagarik Suraksha Sanhita (BNSS), and the Bharatiya Sakshya Adhiniyam (BSA) that will replace the colonial-era Indian Penal Code, 1860 (IPC), the Code of Criminal Procedure, 1973 (CrPC), and the Indian Evidence Act, 1872 ...
Mains Answer Writing Latest Questions
Explain in 150 words
Gurpreet SinghBegginer
The word Secular was added to the Preamble of Indian constitution through an amendment to the Constitution. Was Indian Constitution Secular as on 26 November, 1949, Enumerate.
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This answer was edited.
Secularism can be defined as a social order where religion is neither actively promoted nor criticized. The western concept of secularism is based on the idea of mutual exclusion i.e both religion and state must stay away from each other. The Indian concept of secularism is different as we follow thRead more
Secularism can be defined as a social order where religion is neither actively promoted nor criticized. The western concept of secularism is based on the idea of mutual exclusion i.e both religion and state must stay away from each other. The Indian concept of secularism is different as we follow the idea of Principled Distance i.e there is no strict boundary between state and religion and they are not divided into water tight compartments as they share porous borders boundaries.
Originally the Indian constitution did not mention the word Secularism. It was added by the 42nd Amendment in 1976 but it does not mean that The Indian constitution was not secular on 26th November 1949 when the constitution was adopted. Through various articles Indian constitution has ascertained that India is a secular nation.
Indian secularism is based on the following ideologies:
Nehruvian – State should not have any religion and state should not discriminate anyone on the basis of religion. Article 15 and 27.
Gandhian – “Sarv Dharm Sambhav” i.e. all religions coexist. Religions should be treated equally and rights to practice ones religion. Article 25 and 14.
Dr. B.R. Ambedkar – Minorities right to religion. Article 29, 30 and 17.
Fundamental rights:
Article 14: Equality before law (irrespective of religion)
Article 15: State shall not discriminate on the basis of religion.
Article 25 – 28: Ensure freedom of religion to all.
Secularism forms the basics structures of the constitution. The Indian Union is not completely identified with a particular religion also it is not adverse to the use of religious symbols. Every citizen is equally entitled to the freedom of conscious and right to religion to freely profess, practice and propagate the religion of their own choice. Thus it would be correct to say that Indian constitution was secular even on 26 November 1949 before the word secularism was added in the Indian constitution by the 42nd constitutional amendment of 1976.
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Reena BhattBegginer
Roadmap for Answer Writing Introduction Definition of Separation of Powers: Briefly explain the principle of separation of powers, which delineates the roles of the legislative, executive, and judicial branches. Thesis Statement: State that the Indian Constitution does not strictly adhere to this principle ...
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Model Answer Introduction The principle of separation of powers advocates for distinct and independent legislative, executive, and judicial branches of government. While the Indian Constitution does not explicitly mention this doctrine, it implicitly embraces the concept of checks and balances, ensuRead more
Model Answer
Introduction
The principle of separation of powers advocates for distinct and independent legislative, executive, and judicial branches of government. While the Indian Constitution does not explicitly mention this doctrine, it implicitly embraces the concept of checks and balances, ensuring that each branch operates within its constitutional limits.
Body
The system of checks and balances in the Indian Constitution is designed to prevent the concentration of power in any single branch, fostering cooperation and coordination among them.
Legislative and Executive
- Presidential Powers: The President of India has the authority to summon (Article 85), prorogue, and dissolve Parliament (Article 85(2)(b)). This power allows the executive to influence legislative sessions.
- Impeachment: Parliament has the power to impeach the President for violations of the Constitution (Article 61), establishing a check on the executive by the legislature.
Executive and Judiciary
- Judicial Appointments: The executive, with the President’s involvement, appoints judges to the higher judiciary, including the Supreme Court (Article 124) and High Courts (Article 217). This creates a link between the executive and judiciary.
- Judicial Review: The judiciary can review executive actions, ensuring they comply with the Constitution. Landmark cases like Kesavananda Bharati v. State of Kerala (1973) and Minerva Mills v. Union of India (1980) highlight this power.
Legislative and Judiciary
- Removal of Judges: Parliament can remove judges of the Supreme Court (Article 124(4)) and High Courts (Article 217(1)(b)) through impeachment for misbehavior or incapacity.
- Judicial Review of Legislation: The judiciary can invalidate unconstitutional laws passed by Parliament, a power affirmed in the Kesavananda Bharati case.
Conclusion
The Indian Constitution, through its implicit adoption of the checks and balances system, ensures that the three branches of government function harmoniously within their constitutional limits. This system is vital for maintaining the balance of power and promoting the efficient functioning of the government, ultimately supporting democratic governance.
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TeamSupreme
The core of the Indian Constitution is found in Article 32. Give a brief explanation of it. (125 Words) [UPPSC 2020]
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Article 32: The Soul of the Indian Constitution 1. Fundamental Rights Protection: Article 32 of the Indian Constitution is crucial as it provides the right to constitutional remedies, allowing individuals to move the Supreme Court for the enforcement of Fundamental Rights. This article is often termRead more
Article 32: The Soul of the Indian Constitution
1. Fundamental Rights Protection:
Article 32 of the Indian Constitution is crucial as it provides the right to constitutional remedies, allowing individuals to move the Supreme Court for the enforcement of Fundamental Rights. This article is often termed as the “soul” of the Constitution because it ensures that rights are protected and enforced.2. Judicial Review:
It empowers the Supreme Court to issue writs such as habeas corpus, mandamus, prohibition, quo warranto, and certiorari, making it central to judicial review and accountability.3. Recent Example:
In the COVID-19 pandemic, the Supreme Court used Article 32 to address issues such as migrant worker crises and oxygen supply, reflecting its role in upholding human rights and executing constitutional mandates.Conclusion:
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Article 32 is pivotal in ensuring judicial protection of Fundamental Rights, making it indispensable for democratic governance and legal recourse in India.
Akash PatelBegginer
Examine the Seventh Schedule’s inclusion as well as the clauses dividing the Union’s and the state’s legislative, executive, and financial authorities. In what ways has the federal framework changed in real life?
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The Seventh Schedule of the Indian Constitution is a crucial part of the federal structure, which divides the legislative powers between the Union and the States. The schedule is divided into three lists, which allocate powers between the Centre and the States. The evolution of this federal structurRead more
The Seventh Schedule of the Indian Constitution is a crucial part of the federal structure, which divides the legislative powers between the Union and the States. The schedule is divided into three lists, which allocate powers between the Centre and the States. The evolution of this federal structure has been significant, and this essay will assess the inclusion of the Seventh Schedule and the provisions for the division of legislative, executive, and financial powers.
Inclusion of the Seventh Schedule: The Seventh Schedule was incorporated into the Constitution to ensure a clear division of powers between the Union and the States. The schedule consists of three lists:
- List I: Union List: This list contains 97 subjects, which are exclusively under the purview of the Union Government. These subjects include matters like defense, foreign affairs, communication, and currency.
- List II: State List: This list contains 66 subjects, which are exclusively under the purview of the State Governments. These subjects include matters like agriculture, education, healthcare, and police.
- List III: Concurrent List: This list contains 47 subjects, which are under the jurisdiction of both the Union and State Governments. These subjects include matters like trade, commerce, and taxation.
Provisions for Division of Powers: The Seventh Schedule provides a framework for dividing powers between the Union and State Governments. The Constitution ensures that:
- Legislative Powers: The Seventh Schedule outlines the subjects that are under the jurisdiction of each government. The Union Government has exclusive powers over matters in List I, while the State Governments have exclusive powers over matters in List II.
- Executive Powers: The Constitution ensures that each government has its own executive machinery to implement its laws. The Union Government has its own executive powers, while the State Governments have their own executive powers.
- Financial Powers: The Seventh Schedule also provides for the allocation of financial resources between the Union and State Governments. The Constitution ensures that each government has its own sources of revenue to fund its activities.
Evolution of Federal Structure in Practice: Over time, the federal structure in India has undergone significant changes:
- Amendments: The Constitution has been amended several times to modify the division of powers between the Union and State Governments. For example, the 42nd Amendment Act (1976) introduced new provisions for centralization of power.
- Emergence of New Subjects: New subjects have been added to the schedules over time, such as environmental protection, disaster management, and cybercrime.
- Centralization of Power: In recent years, there has been a trend towards centralization of power at the Centre. This has led to concerns about erosion of state autonomy and excessive dependence on Central funding.
- Inter-Governmental Relations: The evolution of federal structure has also led to changes in inter-governmental relations. The Centre-State relations have become more complex, with increased cooperation and coordination between governments.
- Judicial Intervention: The judiciary has played a significant role in interpreting the Constitution and ensuring that the federal structure is maintained. Judgments such as S.R. Bommai v. Union of India (1994) have emphasized the importance of maintaining state autonomy.
Vyshnavi ThotakuraBegginer
Discuss the causes and consequences of the partition of India and Pakistan in 1947
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The partition of India and Pakistan in 1947 was a significant event in South Asian history, driven by complex political, social, and religious factors. Here's a detailed discussion of its causes and consequences: Causes of Partition: Religious Divide: Muslim Identity: The demand for a separate MusliRead more
The partition of India and Pakistan in 1947 was a significant event in South Asian history, driven by complex political, social, and religious factors. Here’s a detailed discussion of its causes and consequences:
Causes of Partition:
- Religious Divide:
- Muslim Identity: The demand for a separate Muslim state gained momentum due to fears among Muslims that they would be politically marginalized in a Hindu-majority India.
- Two-Nation Theory: Proposed by Muslim League leader Muhammad Ali Jinnah, this theory argued that Hindus and Muslims were distinct nations and could not coexist within a single nation-state.
- British Colonial Policy:
- Divide and Rule: The British policy of divide and rule exacerbated communal tensions between Hindus and Muslims for administrative convenience.
- Failure of Constitutional Framework: Attempts like the Cabinet Mission Plan (1946) to create a unified India with safeguards for minorities failed to gain consensus.
- Communal Violence:
- Direct Action Day: In August 1946, the Muslim League called for a day of direct action to assert its demand for Pakistan, leading to widespread communal riots and violence.
- Radicalization: Communal violence and mistrust deepened as extremist elements on both sides exploited religious sentiments.
- Leadership and Political Movements:
- Muslim League Leadership: Led by Jinnah, the Muslim League effectively mobilized support for Pakistan among Muslims.
- Congress and Hindu Mahasabha: Although initially opposed to the partition, Congress later accepted it under pressure from communal violence and the British.
Consequences of Partition:
- Mass Migration and Violence:
- Huge Displacement: The partition led to the largest mass migration in human history, with millions of Hindus, Muslims, and Sikhs forced to move between the newly created nations.
- Communal Violence: The partition sparked widespread communal riots and massacres, resulting in the deaths of hundreds of thousands of people.
- Economic Disruption:
- Disruption of Trade and Agriculture: Partition disrupted economic ties and led to the division of infrastructure and resources, impacting industries and agriculture in both countries.
- Political Legacy:
- Establishment of India and Pakistan: India and Pakistan emerged as independent nations on August 15, 1947, with India as a secular state and Pakistan as an Islamic republic (later split into Pakistan and Bangladesh in 1971).
- Kashmir Conflict: The partition left the issue of Kashmir unresolved, leading to ongoing tensions and conflicts between India and Pakistan.
- Cultural and Social Impact:
- Loss of Cultural Heritage: Partition led to the loss of shared cultural heritage and forced the assimilation or separation of communities that had coexisted for centuries.
- Legacy of Mistrust: The traumatic experience of partition left a legacy of distrust and animosity between India and Pakistan, affecting diplomatic relations and regional stability.
- International Implications:
- Cold War Dynamics: The partition and subsequent conflicts influenced the geopolitical dynamics of the Cold War era, with India and Pakistan aligning with different global powers.
In conclusion, the partition of India and Pakistan in 1947 was a watershed moment that reshaped the political, social, and cultural landscape of South Asia. Driven by deep-rooted religious and political factors, it resulted in immense human suffering and has had enduring consequences for the region’s stability and development.
See less - Religious Divide:
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This answer was edited.
The Indian Constitution, adopted on January 26, 1950, is one of the most comprehensive and lengthy constitutions in the world. Here are some of its key features: Lengthy and Detailed: The Indian Constitution is one of the longest written constitutions of any sovereign country, containing 395 articleRead more
The Indian Constitution, adopted on January 26, 1950, is one of the most comprehensive and lengthy constitutions in the world. Here are some of its key features:
- Lengthy and Detailed: The Indian Constitution is one of the longest written constitutions of any sovereign country, containing 395 articles and 12 schedules.
- Federal System with Unitary Bias: India follows a federal system where power is divided between the central government and the states. However, during emergencies, the Constitution provides for a unitary form of government.
- Parliamentary Democracy: India has a parliamentary form of government where the President is the head of state, and the Prime Minister is the head of government. The Council of Ministers is responsible to the Parliament.
- Fundamental Rights: The Constitution guarantees several fundamental rights to its citizens, including right to equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights, and right to constitutional remedies (Article 12 to 35).
- Directive Principles of State Policy: These are guidelines for the government to establish a just society in which the welfare of the people is the primary concern. Though not enforceable by courts, they are fundamental in the governance of the country (Article 36 to 51).
- Independent Judiciary: The Constitution establishes an independent judiciary headed by the Supreme Court. It ensures the protection of fundamental rights and acts as the guardian of the Constitution.
- Universal Adult Franchise: One of the most notable features is the provision of universal adult suffrage, giving every adult citizen the right to vote without any discrimination.
- Secularism: India is a secular state, ensuring equal treatment of all religions by the state. The Constitution mandates a separation of religion from the state.
Divyanshi SrivastavaBegginer
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The Preamble of the Indian Constitution acts as a guiding light, reflecting the vision and aspirations of its framers. It encapsulates the fundamental values and principles that the makers intended to embed in the Constitution. 1. Sovereignty: - The term "Sovereign" in the Preamble indicates theRead more
The Preamble of the Indian Constitution acts as a guiding light, reflecting the vision and aspirations of its framers. It encapsulates the fundamental values and principles that the makers intended to embed in the Constitution.
1. Sovereignty:
– The term “Sovereign” in the Preamble indicates the complete autonomy and independence of India, free from any external control.
– This reflects the makers’ determination for self-governance and national integrity.
2. Socialism:
– The word “Socialist” signifies a commitment to social equity and the elimination of inequality.
– It mirrors the framers’ intent to create a society where wealth and resources are distributed more equitably.
3. Secularism:
– “Secular” ensures that the state treats all religions equally without favoring any.
– This underscores the makers’ vision of religious freedom and harmony in a diverse country.
4. Democracy:
– The term “Democratic” highlights the commitment to a government by the people, for the people, and of the people.
– It reflects the framers’ belief in popular sovereignty and participatory governance.
5. Justice, Liberty, Equality, and Fraternity:
– These ideals are fundamental to the Preamble and reflect the core objectives of the Constitution.
– They signify the framers’ dedication to ensuring social, economic, and political justice, individual freedoms, equality before the law, and a sense of brotherhood.
The Preamble is a succinct reflection of the philosophical and moral vision of the Constitution’s makers.It serves as the soul of the Constitution, guiding its interpretation and implementation to achieve a just and equitable society.
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What is the significance of Article 32 of the Indian Constitution, often referred to as the “heart and soul” of the Indian Constitution, in ensuring the enforcement of fundamental rights and the protection of citizens’ constitutional remedies?
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The replacement of the IPC, CrPC, and IEA with the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagrik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) is a significant change for the Indian legal system. Proponents argue that the new laws will be more reflective of contemporary India andRead more
The replacement of the IPC, CrPC, and IEA with the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagrik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) is a significant change for the Indian legal system. Proponents argue that the new laws will be more reflective of contemporary India and address shortcomings in the colonial-era legislation. Critics raise concerns about the potential for disruption and the need for careful implementation.
See lessHere’s a breakdown of the potential pros and cons:
Potential benefits:
* More relevant to modern India
* Address shortcomings in the old laws
* More inclusive and equitable
Potential drawbacks:
* Disruption to the legal system
* Need for careful implementation
* Unintended consequences
Overall, the change is significant and has the potential to be positive, but it’s important to be aware of the challenges as well.