Talk about the function of judicial review about constitutional modifications. How far can the courts examine whether a Parliamentary amendment is constitutionally valid?
The federal structure of the Indian polity, as enshrined in the Constitution, establishes a division of powers between the Union (Central) government and the state governments. This structure is characterized by both shared and distinct responsibilities, aiming to maintain unity while respecting regRead more
The federal structure of the Indian polity, as enshrined in the Constitution, establishes a division of powers between the Union (Central) government and the state governments. This structure is characterized by both shared and distinct responsibilities, aiming to maintain unity while respecting regional diversity.
Distribution of Powers
The Constitution delineates the distribution of powers primarily through three lists:
Union List (Article 246):
Description: This list contains subjects on which only the Parliament can legislate. It includes defence, foreign affairs, atomic energy, and railways.
Scope: There are 100 subjects in the Union List, which reflect matters of national importance.
State List (Article 246):
Description: This list contains subjects on which only the state legislatures can legislate. It includes police, public health, agriculture, and local government.
Scope: There are 61 subjects in the State List, allowing states to govern local matters effectively.
Concurrent List (Article 246):
Description: This list contains subjects on which both the Parliament and state legislatures can legislate. It includes education, marriage and divorce, bankruptcy, and social security.
Scope: There are 52 subjects in the Concurrent List. In case of a conflict, the Union law prevails.
Mechanisms for Center-State Cooperation and Coordination
To ensure cooperation and coordination between the Centre and states, the Constitution provides several mechanisms:
Inter-State Council (Article 263):
Description: This council facilitates discussions on matters of mutual interest and resolves disputes between states.
Function: It promotes cooperative federalism by enabling states to collaborate with the Centre on various issues.
Finance Commission (Article 280):
Description: This body reviews and recommends the distribution of tax revenues between the Centre and states and among the states themselves.
Function: It ensures fiscal federalism and helps maintain a balanced financial relationship.
Zonal Councils:
Description: These councils promote cooperation among states in specific regions and address issues related to economic and social planning.
Function: They provide a platform for dialogue and collaboration on regional development.
Legislative Process:
Description: Certain laws require the concurrence of state legislatures for enactment, especially in the Concurrent List.
Function: This process ensures that state interests are considered in national legislation.
Emergency Provisions (Articles 352, 356, 360):
Description: In times of national emergency, the Centre can assume greater control over states. However, these provisions are meant to be temporary and require parliamentary approval.
Function: They allow for a centralized response during crises while maintaining constitutional checks.
Challenges and Responses
Despite the mechanisms in place, challenges in the federal structure persist:
Centralization of Power:
Issue: The increasing centralization, especially after amendments like the 42nd Amendment, has raised concerns about state autonomy.
Response: States have sought judicial intervention and legislative measures to reclaim their powers.
Financial Dependence:
Issue: Many states rely heavily on central grants and transfers, leading to fiscal constraints.
Response: The Finance Commission and other reforms aim to create a more equitable financial distribution.
Political Tensions:
Issue: Political differences between the ruling party at the Centre and state governments can create friction.
Response: Dialogue through inter-state councils and other platforms is encouraged to address conflicts.
Conclusion
The federal structure of India, as laid out in the Constitution, reflects a careful balance between unity and diversity. The distribution of powers between the Union and the states, coupled with mechanisms for cooperation, aims to promote a harmonious relationship. While challenges remain, ongoing reforms and dialogue continue to strengthen India’s federal framework, ensuring that both levels of government can work together for national progress while respecting state autonomy.
Judicial review in the context of constitutional amendments refers to the power of the courts to examine and potentially invalidate amendments to the constitution if they are found to be unconstitutional or in violation of the basic structure or core principles of the constitution. This concept is pRead more
Judicial review in the context of constitutional amendments refers to the power of the courts to examine and potentially invalidate amendments to the constitution if they are found to be unconstitutional or in violation of the basic structure or core principles of the constitution. This concept is particularly significant in constitutional democracies where the judiciary acts as a guardian of the constitution and ensures that the legislative and executive branches do not exceed their constitutional limits.
Role of Judicial Review in Constitutional Amendments
Guardian of the Constitution:
The judiciary plays a crucial role in upholding the supremacy of the constitution. It ensures that amendments do not undermine the basic structure or fundamental principles enshrined in the constitution.
Scope of Judicial Review:
In many constitutional systems, including India, the courts have the authority to review the constitutionality of amendments.
The scope of judicial review varies, but generally includes:
Procedural Validity: Ensuring that the amendment process followed constitutional procedures (e.g., majority requirements, ratification procedures).
Substantive Validity: Assessing whether the amendment violates fundamental rights, the basic structure of the constitution, or other core principles.
Basic Structure Doctrine:
In India, the concept of the basic structure doctrine was established by the Supreme Court in the landmark case of Kesavananda Bharati v. State of Kerala (1973). This doctrine asserts that while Parliament has the power to amend the constitution, it cannot alter its basic structure or fundamental features.
The courts have used the basic structure doctrine to strike down amendments that they deemed to be in conflict with the core principles of the constitution, such as democracy, secularism, federalism, and the rule of law.
Limitations on Judicial Review:
While courts have the authority to review the constitutionality of amendments, there are some limitations:
Political Question Doctrine: Courts may refrain from intervening in purely political matters or issues best left to the discretion of elected representatives.
Respect for Legislative Authority: There is a presumption of constitutionality, and courts are generally reluctant to interfere with amendments unless they clearly violate the constitution.
Balancing Act:
Judicial review of constitutional amendments involves a delicate balance between respecting the authority of elected representatives and ensuring the constitution’s integrity and stability.
Courts typically exercise restraint and intervene only when amendments clearly undermine the constitution’s basic structure or violate fundamental rights.
Examples and Applications
India: The Indian Supreme Court has used the basic structure doctrine to strike down amendments that sought to alter the fundamental framework of the constitution, such as attempts to curtail judicial review or dilute fundamental rights.
United States: In the US, amendments to the constitution are subject to judicial review, with the Supreme Court assessing their conformity with the Bill of Rights and other fundamental constitutional principles.
Conclusion
See lessJudicial review of constitutional amendments serves as a vital check and balance in constitutional democracies. It ensures that amendments are consistent with the constitution’s foundational principles and do not undermine essential rights and freedoms. While courts exercise caution and respect legislative authority, they play a crucial role in safeguarding the integrity and enduring relevance of the constitution in the face of changing societal and political dynamics.