(i) Following are some historical forces which shaped the vision of the Constitution. Certain basic values were accepted by all national leaders as a result of the Nehru Report and the Fundamental Rights Resolution passed the Karachi session of the Indian National Congress. (ii) Universal Adult FranRead more
Mains Answer Writing Latest Questions
Analyze the historical factors that influenced the Indian Constitution’s design.
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(i) Following are some historical forces which shaped the vision of the Constitution. Certain basic values were accepted by all national leaders as a result of the Nehru Report and the Fundamental Rights Resolution passed the Karachi session of the Indian National Congress.
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Separation 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.
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Separation of powers and judicial review is like the buddy system for democracy, keeping everyone safe from the big bad tyrant and ensuring everyone plays fair. It's like splitting up responsibilities so no one gets too bossy. You've got your legislative branch that's like the cool teacher making thRead more
Separation of powers and judicial review is like the buddy system for democracy, keeping everyone safe from the big bad tyrant and ensuring everyone plays fair. It’s like splitting up responsibilities so no one gets too bossy. You’ve got your legislative branch that’s like the cool teacher making the rules, the executive branch that’s like the hall monitor keeping everyone in line, and the judicial branch that’s like the wise old principal who ensures everyone follows the school’s constitution. This way, no one can just take over and start throwing their weight around.
Separation of Powers is like having a government that can’t be a one-man show. It breaks things down into three main groups: the lawmakers, the law-followers, and the law-explainers. This keeps everyone’s power in check and makes sure they’re not stepping on each other’s toes. The legislative branch is like the rule-maker in a board game, the executive branch is the one actually playing the game, and the judicial branch is the referee who keeps everyone honest.
Judicial review is like having a superhero in the mix, making sure that laws and what the big bosses in government do are actually okay with the country’s rulebook, the Constitution. It’s like a big game of Simon Says, but if Simon (the government) says something that’s not in the rules, the courts get to say, “Whoa, hold up, that’s not cool.” It’s all about keeping our rights safe, like our right to free speech, privacy, and all that good stuff.
These two concepts are like the dynamic duo of democracy. They help keep our government in line and ensure it’s not just doing whatever it wants. It’s like having a trusty sidekick that keeps everyone accountable and makes sure the laws are fair and square. So, thanks to these guys, we can all chill and not worry about someone turning into a dictator or our rights being trampled on willy-nilly. They’re the unsung heroes of our democratic world, keeping everything balanced and just.
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Aliya SharmaBegginer
Since the Indian Constitution’s creation, it has been difficult to reconcile Fundamental Rights with the Directive Principles of State Policy (DPSPs). Discuss using the pertinent case law as a guide. (Answer in 150 words)
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Fundamental Rights (FRs) and Directive Principles of State Policy (DPSP) lay down the framework for regulating the relationship between the citizen and the state. Fundamental Rights are the most basic rights which the Constitution guarantees to its people by making them justiciable, while DPSPs (whiRead more
Fundamental Rights (FRs) and Directive Principles of State Policy (DPSP) lay down the framework for regulating the relationship between the citizen and the state. Fundamental Rights are the most basic rights which the Constitution guarantees to its people by making them justiciable, while DPSPs (which are non-justiciable) act as a guide for law and policy formulation by the government.
The question of reconciling the two arises in the context of several amendments made by the Parliament to override the fundamental rights and the consequent judicial review by the Supreme Court.
- The Supreme Court, in the Champakam Dorairajan case (1951),held that Fundamental Rights would prevail over the DPSPs in case a conflict arises between the two. However, the Fundamental Rights are amendable.
- The Parliament enacted the First, Fourth and the Seventeenth Constitutional Amendment Acts in order to implement some DPSPs which curtailed the Fundamental Rights.
- These amendments were challenged in the IC Golaknath case (1967). The Supreme Court, partly overruling its decision in Champakam Dorairajan, held that Fundamental Rights are ‘transcendental’ and ‘sacrosanct’. They cannot be amended to implement DPSPs even by way of a constitutional amendment act as it would violate Article 13 (which provides that no law shall be made in contravention of the Fundamental Rights mentioned under Part III of the Constitution).
- In order to circumvent the IC Golaknath decision, the Parliament enacted that 24th and the 25th Constitutional Amendment Acts.
- The question was finally settled by the thirteen judge bench of the Supreme Court in the Keshwananda Bharti v State of Kerela case (1973). The Court held that both Fundamental Rights and DPSPs reflect the conscience of the Constitution. There is no antithesis between them and one supplements the other.
- This position was reiterated by the Supreme Court in the Ashok Kumar Thakur case (2008) wherein it was held that there is no distinction between Fundamental Rights and DPSPs. While Fundamental Rights are political and civil rights, DPSPs are social and economic rights. None is subordinate to the other.
Therefore, the present position in law is that both, Fundamental Rights and DPSPs, must be harmoniously construed. No question arises about one prevailing over the other.
See less - The Supreme Court, in the Champakam Dorairajan case (1951),held that Fundamental Rights would prevail over the DPSPs in case a conflict arises between the two. However, the Fundamental Rights are amendable.
Meera SinghBegginer
“The core tenet of transformative constitutionalism is that the goal of having a constitution is to transform society for the better.” Examine using recent case law as a guide. (Answer in 250 words)
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On the occasion of Constitution Day 2019, we delve into the concept of Transformative Constitutionalism. Transformative Constitutionalism refers to the idea that a constitution is a tool for the profound transformation of a society, promoting values such as social justice, equality, and human rightsRead more
On the occasion of Constitution Day 2019, we delve into the concept of Transformative Constitutionalism.
Transformative Constitutionalism refers to the idea that a constitution is a tool for the profound transformation of a society, promoting values such as social justice, equality, and human rights.It actively work to rectify historical injustices and promote societal progress.
There are many recent case laws across various jurisdictions illustrate how courts are using constitutional principles :
NAVTEJ SINGH JOHAR CASE: It aided to end to decades of criminalisation of homosexuality.
In this landmark case, the Supreme Court of India decriminalized consensual homosexual acts by striking down Section 377 of the Indian Penal Code, which was a colonial-era law criminalizing
“carnal intercourse against the order of nature.” The court recognized the transformative nature of the Indian Constitution, emphasizing dignity, autonomy, and the need to protect marginalized communities from discrimination.
This decision was a significant step towards LGBTQ+ rights in India, transforming societal norms and promoting inclusivity.
Hence, using the constitution as a tool to address historical injustices, protect human rights, and promote societal progress, Courts play a crucial role in interpreting constitutional principles to achieve these transformative goals, ensuring that the constitution is not merely a static document but a dynamic instrument for positive societal change.
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Panna LalBegginer
In the Kesavananda Bharati case, the struggle between the legislative and the judiciary resulted in the “fundamental structure” theory. Talk about it. What impact does the case have on Parliament’s ability to modify the Constitution? (Answer in 250 words)
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All democratic countries are governed by a Constitution. In the 1967 Golaknath case, India's Supreme Court ruled that Parliament couldn't amend fundamental rights. Adolf Hitler's transformation of Germany's Weimar Constitution from democratic to dictatorial is a notable example of altering a constitRead more
All democratic countries are governed by a Constitution. In the 1967 Golaknath case, India’s Supreme Court ruled that Parliament couldn’t amend fundamental rights. Adolf Hitler’s transformation of Germany’s Weimar Constitution from democratic to dictatorial is a notable example of altering a constitution.
In 1972, the Keshavananda Bharati case settled the debate on Parliament’s power to amend the Constitution. Keshavananda Bharati, chief priest at Sri Edneer Mutt in Kerala, challenged the Kerala Land Reforms Act of 1963, claiming it violated Article 26 on religious freedom. This case allowed the Supreme Court to define Parliament’s amendment authority.
The Court’s ruling affirmed the Constitution’s supremacy and established the “basic structure doctrine,” which prevents amendments that alter the fundamental framework of the Constitution. This doctrine was later applied in the Minerva Mills and Waman Rao cases. The 24th and 25th Amendments of 1971 aimed to nullify the Golaknath judgment.
The Keshavananda Bharati case, concluded in March 1973 by a 13-judge bench, resulted in a 7:6 decision, with Justice H.R. Khanna as the tiebreaker. Although Bharati lost, the basic structure doctrine was established. Justice A.N. Ray, who dissented, later became Chief Justice of India.
The Keshavananda Bharati case was crucial in shaping Indian constitutional law, ensuring protection against potential authoritarianism.
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Veer SinghBegginer
The Indian Constitution, with its many clauses, embodies social justice, pluralism, and equality despite being a synthesis of many constitutions from around the world. Remark. (Answer in 250 words)
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The Indian Constitution, which came to force on 26th January, 1950, is a blend of features of Constitutions from across the globe. Constitutions of U.S.A., Ireland, U.K., Canada, Australia, Germany, erstwhile USSR, France, south Africa and Japan have been combed thoroughly, to compile the best featuRead more
The Indian Constitution, which came to force on 26th January, 1950, is a blend of features of Constitutions from across the globe. Constitutions of U.S.A., Ireland, U.K., Canada, Australia, Germany, erstwhile USSR, France, south Africa and Japan have been combed thoroughly, to compile the best features in the Indian Constitution.
The ideals of equality, justice and pluralism are secured through various Fundamental Rights (Articles 12-35) and Directive principles of state policy (Articles 36-51). Article 14 advocates equality before law, no matter one’s status in any regard. Article 15 describes discrimination on the basis of religion, race, caste, sex, or place of birth as a punishable offence. Article 16 promotes equal footing in matters of public employment. Article 17 prohibits the ancient practice of untouchability as it existed in the country thus, cementing the ideal of equality.
Articles 25-28 grant religious freedom as long as it keeps a legal and peaceful face. No restrictions posed on faith symbolise the pluralistic nature of our constitution.
Article 39, under DPSP, secures equal remuneration for equal work for both, men and women. Article 39-A, which was added through the 42nd Constitutional Amendment, 1976, makes it the state’s responsibility to assure free legal aid so that justice is ensured, to all citizens.
The very purpose of the Indian Constitution being a blend of various constitutions is, to accommodate the diversity within its citizens to facilitate peaceful coexistence.
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Kavita SinghLearner
There have been claims that India’s liberal democratic values, as stated in the Constitution, are being attacked by the sedition statute. Do you concur? (250 words)
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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:
- Draconian law:
- In the constituent assembly debates, K.M. Munshi strongly opined that the law is a threat to democracy because it stifles the criticism of the government. Through his efforts, the word ‘sedition’ was omitted from the draft constitution in 1948.
- Many democratic countries including Britain, South Korea, Scotland, Indonesia, the US (struck down major parts) have also done away with this law.
- Weaponization of the law against political rivals: As per the Kedar Nath judgment 1962, the sedition law was supposed to be applied in rare instances where the security and sovereignty of the country is threatened. However, many political scientists are of view that this law is being weaponized as a handy tool against political rivals.
- Lower conviction rate: As per NCRB data, the conversion rate from cases to conviction is a mere 3%. This indiscriminate use of the law suggests that the law is being used to silence any criticisms or dissent against the regime and hence, goes against the International Covenant on Civil and Political Rights (ICCPR), which has been ratified by India.
- Spurious interpretation of the law by the executive: The Delhi High Court in Disha Ravi Case and the Supreme Court in sedition case against Telugu news channels have shown concerns related to poor definition of the sedition law as it neither clearly states nor provides a broad outline of what can be classified as seditious. So, the executive may use the ambiguously defined provision as an instrument to regulate public opinion and indiscriminately wield power.
Arguments in favour of the Sedition Law:
- Political stability: The law has its utility in combating anti-national, secessionist and terrorist elements. In India, many districts are facing Maoist insurgency and rebel groups who virtually run a parallel administration and openly advocate overthrow of the State or plan to do so. The law thus protects the State and its organs from attempts to overthrow it to create political instability in the country.
- Judicial acceptance: Even the Supreme Court of India, in KedarNath case 1962, expressed similar sentiments, when the court upheld the law on the basis that it provides power to the State to protect itself.
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 less - Draconian law:
Kavita SinghLearner
It is misguided to object to domicile-based reservation for private sector positions on the grounds of freedom and equality guaranteed by the constitution. Talk about it critically. (250 words)
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DocScanner 18 Sept 2024 10-37 pm
PrateekLearner
Although the Constitution of India incorporates elements from the constitutions of multiple other nations, it still stands out as a distinctive document. Discuss. (Answer in 200 words)
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As we all are aware of the fact that before the making of the Indian Constitution there were a lot of details that was taken care. The makers wanted to get the best constitution for the people as per the country’s standard. So, a bits and pieces were collectively used of various countries for the InRead more
As we all are aware of the fact that before the making of the Indian Constitution there were a lot of details that was taken care. The makers wanted to get the best constitution for the people as per the country’s standard. So, a bits and pieces were collectively used of various countries for the Indian Constitution.
For your reference, under the Government of India Act 1935, the provisions that were borrowed from the countries were the Britain, United States, Canada, Germany, Australia, France, South Africa, the USSR, Japan, and many more.
The making of the Indian Constitution didn’t happen overnight, the Drafting committee where Dr. B.R. Ambedkar the chairman and other took approximately 2 years, 11 months and 18 days to the precise.
Talking about the committee the member not just took the provisions from the other countries but gave keen and precise detailing weather the laws they were going to incorporate will be suitable for the people of India or not.
The alignment for the country was based on the country’s diversity.The constitutional power relied only upon one supreme law and making sure to be a unified state.
The social and economic goals decides a lot about a country. Therefore, the makers have special added a chapter on it to create a smooth path for the people.
India is a diverse country with various religions and communities. So, to have a liberal mindset among the people, secularism has been implemented where everyone is equal.Amendments are used to make any change or difference. It allows people to feel secured in their needs.
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There is no specific "section 420" in the Indian Constitution. However, the term "Section 420" is commonly used in the context of the Indian Penal Code (IPC), which is the primary criminal code of India. Section 420 of the Indian Penal Code deals with the offense of "Cheating and dishonestly inducinRead more
There is no specific “section 420” in the Indian Constitution. However, the term “Section 420” is commonly used in the context of the Indian Penal Code (IPC), which is the primary criminal code of India.
Section 420 of the Indian Penal Code deals with the offense of “Cheating and dishonestly inducing delivery of property”. The section states:
“Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.”
In essence, Section 420 of the IPC criminalizes the act of cheating, where a person dishonestly induces another to deliver any property or valuable security.
Regarding the current status of Section 420 of the Indian Penal Code:
It’s important to note that the reference to “Section 420” is specifically in the context of the Indian Penal Code and not the Indian Constitution, as there is no such provision in the Constitution.
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