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Indian Constitution
The Constitution of India is the supreme law of the land, adopted in 1950 and establishing the framework of the Indian government. It outlines the powers and responsibilities of the executive, legislative, and judicial branches, and can be amended through a rigorous process.
The Constitution safeguards the fundamental rights of citizens and serves as the foundation for India’s vibrant democracy, federal structure, and decentralized governance system.
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The ‘Powers, Privileges and Immunities of Parliament and its Members’ as envisaged in Article 105 of the Constitution leave room for a large number of un-codified and un-enumerated privileges to continue. Assess the reasons for the absence of legal codification of the ‘parliamentary privileges. How can this problem be addressed? (200 words) [UPSC 2014]
Absence of Legal Codification of Parliamentary Privileges Reasons for Absence of Codification Historical Evolution: The privileges of Parliament and its members have evolved from historical precedents and conventions rather than formal codification. Article 105 of the Indian Constitution recognizesRead more
Absence of Legal Codification of Parliamentary Privileges
Reasons for Absence of Codification
Addressing the Problem
Conclusion Codifying parliamentary privileges is complex but can be addressed through legislative, judicial, and review mechanisms to ensure clarity, adaptability, and fairness in their application.
See lessDiscuss the possible factors that inhibit India from enacting for its citizens a uniform civil code as provided for in the Directive Principles of State Policy. (200 words) [UPSC 2015]
The enactment of a Uniform Civil Code (UCC) in India, as envisioned under the Directive Principles of State Policy, faces several inhibiting factors: Diverse Religious Practices: India’s diverse population practices various personal laws based on religion, including Hindu, Muslim, and Christian persRead more
The enactment of a Uniform Civil Code (UCC) in India, as envisioned under the Directive Principles of State Policy, faces several inhibiting factors:
Diverse Religious Practices: India’s diverse population practices various personal laws based on religion, including Hindu, Muslim, and Christian personal laws. Implementing a UCC would require harmonizing these laws, which could face resistance from communities wishing to preserve their traditional practices.
Political Sensitivity: The UCC is a politically sensitive issue. Political parties may avoid pursuing a UCC due to the fear of losing support from particular voter bases who identify strongly with their personal laws.
Religious and Cultural Sentiments: Many communities view their personal laws as integral to their identity and heritage. There is apprehension that a uniform code might dilute or undermine these cultural and religious traditions.
Legal and Logistical Challenges: Drafting a uniform code that accommodates the diverse needs and practices of all communities is legally complex. It requires extensive consultation and consensus-building, which is challenging in a pluralistic society.
Lack of Consensus: There is no broad consensus among political leaders, religious groups, and the public on what a UCC should entail, making it difficult to pass and implement.
These factors contribute to the delay in enacting a UCC, despite its promise to ensure equal rights for all citizens.
See lessDid the Government of India Act, 1935 lay down a federal constitution? Discuss. (200 words) [UPSC 2016]
The Government of India Act, 1935, was a significant piece of legislation that aimed to provide a framework for the governance of British India. While it introduced several federal features, it did not establish a fully federal constitution. Federal Features of the Act: Federal Structure: The Act crRead more
The Government of India Act, 1935, was a significant piece of legislation that aimed to provide a framework for the governance of British India. While it introduced several federal features, it did not establish a fully federal constitution.
Federal Features of the Act:
Federal Structure: The Act created a federal structure by dividing powers between the central government and provincial governments. It provided for a federation of British India and the princely states, though the princely states were largely autonomous and did not participate directly in the federal system.
Division of Powers: It outlined a division of powers between the central and provincial legislatures. The Act included a Federal List, a Provincial List, and a Concurrent List, detailing areas of exclusive and shared jurisdiction.
Federal Court: The Act established a Federal Court to adjudicate disputes between the central and provincial governments, adding a judicial mechanism to the federal structure.
Limitations:
Central Dominance: Despite the federal features, the Act maintained considerable central control. The Governor-General and Governors had significant powers, including the ability to dissolve provincial legislatures and veto legislation, which limited the autonomy of the provinces.
Limited Federalism: The federation was not fully realized as the princely states were not integrated into the federal system in practice. They retained substantial autonomy and were only loosely connected to the central government.
Lack of True Federal Balance: The central government had extensive powers, including overriding provincial legislation, which did not provide a balanced federal structure.
Conclusion:
See lessWhile the Government of India Act, 1935, introduced federal principles, it did not lay down a fully federal constitution. It was more of a hybrid system with significant central control and limited provincial autonomy. The true federal nature of India was established later with the adoption of the Indian Constitution in 1950, which created a more balanced federal structure with greater autonomy for states.
What was held in the Coelho case? In this context, can you say that judicial review is of key importance amongst the basic features of the Constitution? (200 words) [UPSC 2016]
The Coelho case, formally known as I.R. Coelho v. State of Tamil Nadu (2007), was a landmark Supreme Court judgment addressing the scope of judicial review concerning constitutional amendments. Key Holdings in the Coelho Case: Constitutional Amendments and Fundamental Rights: The Supreme Court heldRead more
The Coelho case, formally known as I.R. Coelho v. State of Tamil Nadu (2007), was a landmark Supreme Court judgment addressing the scope of judicial review concerning constitutional amendments.
Key Holdings in the Coelho Case:
Constitutional Amendments and Fundamental Rights: The Supreme Court held that while Parliament has the power to amend the Constitution under Article 368, it cannot alter or destroy the basic structure of the Constitution. This principle was established in earlier cases like Kesavananda Bharati v. State of Kerala (1973), and the Coelho case reaffirmed this doctrine.
Doctrine of Basic Structure: The Court reiterated that any amendment affecting the basic structure of the Constitution, including Fundamental Rights, is subject to judicial review. This doctrine ensures that amendments do not violate core principles like democracy, rule of law, and the separation of powers.
Scope of Judicial Review: The case emphasized that judicial review remains a fundamental mechanism to uphold the basic structure and ensure that constitutional amendments adhere to the core values enshrined in the Constitution.
Importance of Judicial Review:
See lessJudicial review is indeed of key importance among the basic features of the Constitution. It serves as a crucial check on the powers of the legislature and executive, ensuring that their actions and amendments do not undermine the Constitution’s fundamental principles. The Coelho case underscored that judicial review safeguards the integrity of the Constitution by preventing amendments that could compromise its basic structure. Thus, judicial review is integral to maintaining constitutional supremacy and protecting democratic governance.
Discuss each adjective attached to the word ‘Republic’ in the ‘Preamble’. Are they defendable in the present circumstances? (200 words) [UPSC 2016]
The Preamble of the Indian Constitution describes India as a “Sovereign Socialist Secular Democratic Republic.” Each adjective attached to “Republic” signifies a core principle of the Indian state. Here’s a discussion of each adjective and their dependability in contemporary circumstances: 1. SovereRead more
The Preamble of the Indian Constitution describes India as a “Sovereign Socialist Secular Democratic Republic.” Each adjective attached to “Republic” signifies a core principle of the Indian state. Here’s a discussion of each adjective and their dependability in contemporary circumstances:
1. Sovereign
See lessMeaning: India is a sovereign state, meaning it has full control over its domestic and foreign affairs without external interference.
Dependability: This principle remains robust. India exercises complete authority over its territory and policy-making, even though it engages in international cooperation and obligations. Sovereignty is upheld in its legal and practical aspects.
2. Socialist
Meaning: Socialist denotes the commitment to reducing economic inequalities and ensuring a fair distribution of wealth and resources.
Defendability: The socialist ideal remains relevant, though its implementation faces challenges. Recent policies have aimed at enhancing social welfare and reducing disparities, but there are ongoing debates about the effectiveness and inclusivity of these measures.
3. Secular
Meaning: Secularism implies that the state treats all religions equally and does not favor or discriminate against any religion.
Defendability: The secular nature of India is constitutionally mandated, but its practice is contentious. There have been instances of religious tensions and controversies, which raise concerns about the true implementation of secularism. However, the fundamental principle is upheld in law and intended state policy.
4. Democratic
Meaning: Democratic signifies that the government is elected by the people and is accountable to them.
Defendability: India remains a functioning democracy with regular elections, representative institutions, and civil liberties. Challenges like electoral reforms and political polarization exist, but the democratic framework continues to operate effectively.
Conclusion
The adjectives attached to “Republic” in the Preamble reflect foundational values of the Indian state. While practical challenges and debates exist, these principles remain defendable as the country strives to align its practices with constitutional ideals.
To what extent is Article 370 of the Indian Constitution, bearing marginal note "Temporary provision with respect to the State of Jammu and Kashmir", temporary? Discuss the future prospects of this provision in the context of Indian polity. (200 words) [UPSC 2016]
Article 370 of the Indian Constitution, titled "Temporary Provision with respect to the State of Jammu and Kashmir," initially provided a special autonomous status to Jammu and Kashmir. It was intended as a temporary measure, reflecting the unique circumstances of Jammu and Kashmir's accession to InRead more
Article 370 of the Indian Constitution, titled “Temporary Provision with respect to the State of Jammu and Kashmir,” initially provided a special autonomous status to Jammu and Kashmir. It was intended as a temporary measure, reflecting the unique circumstances of Jammu and Kashmir’s accession to India in 1947.
Extent of Temporariness:
Initial Intent: Article 370 was meant to be a temporary provision to address the specific needs and circumstances of Jammu and Kashmir’s integration into India. It allowed the state to have its own constitution and significant autonomy, except in matters of defense, foreign affairs, and communications.
Autonomy: The article provided Jammu and Kashmir with considerable autonomy, including its own legislative assembly and control over most aspects of governance. However, this autonomy was subject to limitations imposed by the Indian Constitution, and any changes required the concurrence of the state government.
Abrogation: The Indian government, through the Jammu and Kashmir Reorganisation Act, 2019, abrogated Article 370. This act bifurcated Jammu and Kashmir into two Union Territories—Jammu and Kashmir, and Ladakh. The abrogation ended the special status and autonomy that Article 370 provided, integrating Jammu and Kashmir more directly into the Indian Union.
Future Prospects:
Legal and Political Impact: The abrogation has led to significant legal and political changes, impacting the governance structure, political dynamics, and relationship between Jammu and Kashmir and the Indian Union.
Regional and National Implications: The future prospects of Jammu and Kashmir’s integration reflect a shift towards greater central control, which may influence regional politics and governance in the context of national policies and security concerns.
Constitutional and Diplomatic Reactions: The move has generated varied responses domestically and internationally. Legal challenges and debates regarding the constitutionality and implications of the abrogation continue, affecting India’s political landscape.
In summary, Article 370 was intended as a temporary provision but had enduring effects until its abrogation in 2019. The future of Jammu and Kashmir will be shaped by its new status as Union Territories, influencing Indian polity and governance.
See lessDiscuss the essentials of the 69th Constitutional Amendment Act and anomalies, if any, that have led to recent reported conflicts between the elected representatives and the institution of the Lieutenant Governor in the administration of Delhi. Do you think that this will give rise to a new trend in the functioning of the Indian federal politics? (200 words) [UPSC 2016]
The 69th Constitutional Amendment Act, 1991, was a significant legislation aimed at addressing the governance structure of Delhi. It conferred a status of a Union Territory with a Legislative Assembly and a Lieutenant Governor (LG) on Delhi, distinguishing it from other Union Territories. EssentialsRead more
The 69th Constitutional Amendment Act, 1991, was a significant legislation aimed at addressing the governance structure of Delhi. It conferred a status of a Union Territory with a Legislative Assembly and a Lieutenant Governor (LG) on Delhi, distinguishing it from other Union Territories.
Essentials of the 69th Constitutional Amendment Act:
Legislative Assembly: It established a Legislative Assembly for Delhi with powers to make laws on subjects enumerated in the State List and Concurrent List, excluding those on which the Parliament had exclusive jurisdiction.
Lieutenant Governor: The LG was designated as the administrator of Delhi, holding powers to oversee the executive functions of the government and having authority over police, public order, and land.
Division of Powers: The Act aimed at a dual governance structure with the elected government handling the day-to-day administration, while the LG retained significant powers, especially in crucial areas like law and order.
Anomalies and Conflicts:
Overlap of Powers: Conflicts have arisen due to the overlapping powers between the Delhi government and the LG, particularly concerning law and order, and land, which are under the LG’s jurisdiction.
Administrative Turf Wars: Disputes regarding the extent of the Delhi government’s authority and the LG’s intervention in routine administrative matters have led to friction, affecting governance and public policy.
Judicial Interventions: The Supreme Court has had to intervene to clarify the distribution of powers, which has sometimes resulted in ambiguity and further disputes.
Impact on Indian Federal Politics:
See lessThese conflicts highlight a trend where the balance of power between state or regional governments and central authorities is increasingly contentious. It suggests a growing need for clearer constitutional definitions and conflict resolution mechanisms to manage federal relations effectively. This may influence the structure of federal politics and governance in India, emphasizing the need for re-evaluation of federal arrangements and autonomy.
The Indian Constitution has provisions for holding 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 reason thereof. (250 words) [UPSC 2017]
The Indian Constitution provides for the holding of a joint session of both Houses of Parliament under specific circumstances. This mechanism is outlined in Article 108 of the Constitution and is meant to resolve deadlocks between the Lok Sabha (House of the People) and the Rajya Sabha (Council of SRead more
The Indian Constitution provides for the holding of a joint session of both Houses of Parliament under specific circumstances. This mechanism is outlined in Article 108 of the Constitution and is meant to resolve deadlocks between the Lok Sabha (House of the People) and the Rajya Sabha (Council of States).
Occasions for a Joint Session
Deadlock on Legislation: A joint session is convened when there is a deadlock on a bill that has been passed by one House but rejected by the other, or when the Rajya Sabha does not pass a bill within a stipulated period. The deadlock must be over a bill, not an ordinance.
Disagreement on Bills: If the Rajya Sabha, within 14 days of receiving a bill from the Lok Sabha, does not act on it (either by rejecting it or failing to pass it), the Lok Sabha can request a joint session.
Notices of Protests: In rare cases, a joint session may be convened following a specific provision or request, such as the President’s address or motions related to the conduct of Parliament.
Occasions When Joint Sessions Cannot Be Held
Money Bills: A joint session cannot be held for Money Bills. The Rajya Sabha can only make recommendations on Money Bills, and the Lok Sabha has the final say. The Rajya Sabha must return the Money Bill with or without recommendations within 14 days.
Appropriation Bills: Similar to Money Bills, Appropriation Bills, which involve the expenditure of government funds, cannot be subject to a joint session. The Lok Sabha has exclusive control over these bills.
Constitutional Amendments: Bills for constitutional amendments do not fall under the purview of joint sessions. Such bills require ratification by a majority of states in addition to passage in Parliament.
Conclusion
See lessA joint session of Parliament is primarily convened to resolve legislative deadlocks, ensuring that both Houses can deliberate and reach a consensus on important bills. However, the Constitution excludes certain types of bills, such as Money Bills and Appropriation Bills, and specific legislative processes from the joint session mechanism to maintain procedural clarity and respect the distinct roles of each House.
Explain the salient features of the Constitution (One Hundred and First Amendment) Act, 2016. Do you think it is efficacious enough "to remove cascading effect of taxes and provide for common national market for goods and services"? (250 words) [UPSC 2017]
The Constitution (One Hundred and First Amendment) Act, 2016, primarily aimed to facilitate the introduction of the Goods and Services Tax (GST) in India. Its salient features include: GST Framework: The Act provides the constitutional foundation for GST, which replaces multiple indirect taxes levieRead more
The Constitution (One Hundred and First Amendment) Act, 2016, primarily aimed to facilitate the introduction of the Goods and Services Tax (GST) in India. Its salient features include:
GST Framework: The Act provides the constitutional foundation for GST, which replaces multiple indirect taxes levied by both the Central and State governments with a single unified tax.
Dual GST Structure: It authorizes the implementation of a dual GST model, comprising Central GST (CGST) and State GST (SGST), with Integrated GST (IGST) for inter-state transactions. This structure helps in maintaining tax jurisdiction between central and state governments.
Compensation for States: To address potential revenue loss for states due to GST implementation, the Act includes provisions for compensation to states for a period of five years.
National GST Council: Establishes the GST Council, which includes representatives from the Centre and States, responsible for making recommendations on GST rates, exemptions, and administrative procedures.
Enhanced Federal Cooperation: Emphasizes cooperative federalism by requiring states and the Centre to work together in the administration of GST.
Efficacy in Addressing Tax Cascading and Common Market
The Act has been effective in several ways:
The Cascading Effect Can Be Eliminated GST is designed to eliminate the cascading effect of taxes by allowing input tax credits at each stage of the supply chain. This ensures that tax is levied only on the value added, rather than the total transaction value.
Common National Market: By harmonizing tax rates and reducing inter-state barriers, GST aims to create a common national market for goods and services. The removal of state-specific taxes and simplification of compliance requirements facilitate smoother interstate trade.
Challenges and Improvements
While the Act has made significant strides, challenges remain:
Implementation Issues: Complexities in GST rates, frequent changes, and compliance burdens can impact efficacy. Simplifying the tax structure and streamlining procedures could enhance effectiveness.
Technological and Administrative Hurdles: Ensuring that the technological infrastructure and administrative systems are robust and efficient is crucial for the smooth operation of GST.
In conclusion, the Constitution (One Hundred and First Amendment) Act, 2016, has laid a strong foundation for removing tax cascading and creating a unified market. However, its full potential will be realized with continued reforms and effective implementation strategies.
See lessIndian Constitution exhibits centralising tendencies to maintain unity and integrity of the nation. Elucidate in the perspective of the Epidemic Diseases Act, 1897; The Disaster Management Act, 2005 and recently passed Farm Acts. (250 words) [UPSC 2020]
The Indian Constitution reflects centralizing tendencies to preserve the unity and integrity of the nation. This centralization is evident in the legislative and administrative frameworks, as seen in the Epidemic Diseases Act, 1897; the Disaster Management Act, 2005; and the recent Farm Acts. 1. EpiRead more
The Indian Constitution reflects centralizing tendencies to preserve the unity and integrity of the nation. This centralization is evident in the legislative and administrative frameworks, as seen in the Epidemic Diseases Act, 1897; the Disaster Management Act, 2005; and the recent Farm Acts.
1. Epidemic Diseases Act, 1897: This colonial-era legislation, adopted by the Indian government, allows the central authority to impose measures to control the spread of epidemics. The Act empowers the central and state governments to enact regulations and take preventive measures during an epidemic. The centralization is evident as the Act provides a framework for the central government to issue directives and oversee the implementation of health measures, thereby ensuring uniformity in handling epidemics across states. This central oversight aims to maintain national coherence in managing health crises.
2. Disaster Management Act, 2005: The Disaster Management Act establishes a comprehensive framework for disaster response and management. It creates a National Disaster Management Authority (NDMA) headed by the Prime Minister, which centralizes disaster management functions. While states have their disaster management authorities, the NDMA coordinates national-level efforts and ensures uniform standards and protocols across the country. This centralization ensures a cohesive approach to disaster management, promoting efficiency and coordination in handling emergencies.
3. Recent Farm Acts: The recent Farm Acts, particularly the three controversial bills passed in 2020, were designed to reform agricultural marketing and introduce changes to the agricultural sector. The central government’s role in these reforms has been significant, impacting agricultural markets, procurement, and regulation. Critics argue that these Acts centralize agricultural policy, potentially overriding state-level regulations and interests. This centralization has led to disputes with state governments, which argue that such reforms infringe upon their powers to regulate agriculture and protect local farmers’ interests.
Conclusion: These examples illustrate how centralization in India’s legislative and administrative framework seeks to address national issues effectively, ensuring uniformity and coherence across diverse regions. However, it also highlights the tension between central authority and state autonomy, emphasizing the need for balance to maintain national unity while respecting regional diversity.
See less