Home/Indian Polity/Indian Constitution/Page 6
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.
Share
Do you think that Constitution of India does not accept principle of strict separation of powers rather it is based on the principle of ‘checks and balance’ ? Explain. (150 words) [UPSC 2019]
Yes, the Constitution of India does not adhere strictly to the principle of separation of powers but is based on the principle of 'checks and balances.' Checks and Balances Principle: Overlap of Powers: While the Constitution delineates powers among the Executive, Legislature, and Judiciary, it alloRead more
Yes, the Constitution of India does not adhere strictly to the principle of separation of powers but is based on the principle of ‘checks and balances.’
Checks and Balances Principle:
This integration ensures that no single branch becomes dominant and each branch can exercise control over the others, maintaining a balanced governance structure.
See less"Parliament’s power to amend the Constitution is a limited power and it cannot be enlarged into absolute power." In the light of this statement explain whether Parliament under Article 368 of the Constitution can destroy the Basic Structure of the Constitution by expanding its amending power? (250 words) [UPSC 2019]
Limits of Parliament’s Power to Amend the Constitution and the Basic Structure Doctrine Introduction: Article 368 of the Indian Constitution grants Parliament the power to amend the Constitution. However, the extent and limits of this power have been a subject of significant legal and constitutionalRead more
Limits of Parliament’s Power to Amend the Constitution and the Basic Structure Doctrine
Introduction: Article 368 of the Indian Constitution grants Parliament the power to amend the Constitution. However, the extent and limits of this power have been a subject of significant legal and constitutional debate. The key question is whether Parliament, under this provision, can destroy the Basic Structure of the Constitution by expanding its amending power.
Article 368 and Parliamentary Power: Article 368 empowers Parliament to amend the Constitution by way of adding, varying, or repealing provisions. This power, however, is not absolute. While Parliament can amend the Constitution to address changing needs and circumstances, this power is circumscribed by the fundamental principles underlying the Constitution.
Basic Structure Doctrine: The Basic Structure Doctrine was established by the Supreme Court in the landmark Kesavananda Bharati case (1973). The doctrine holds that certain fundamental features of the Constitution, which form its basic structure, cannot be altered or destroyed by amendments. These features include the supremacy of the Constitution, federalism, secularism, democracy, and the rule of law.
Parliamentary Limits: According to the Basic Structure Doctrine, Parliament’s amending power under Article 368 does not extend to altering or destroying the basic structure of the Constitution. This limitation ensures that fundamental principles remain intact despite changes in the Constitution. The Supreme Court has reaffirmed this doctrine in subsequent cases, emphasizing that while Parliament can amend the Constitution, it cannot use this power to undermine its core principles.
Judicial Oversight: The judiciary plays a crucial role in overseeing and ensuring that constitutional amendments do not infringe upon the basic structure. The power of judicial review allows the courts to examine amendments and ensure they comply with the Constitution’s core principles. This oversight mechanism acts as a check on the potential misuse of amending power by Parliament.
Conclusion: While Parliament under Article 368 has substantial power to amend the Constitution, this power is not limitless. The Basic Structure Doctrine ensures that Parliament cannot destroy the Constitution’s fundamental principles through amendments. Judicial oversight further reinforces this limitation, maintaining the integrity and stability of the Constitution while allowing for necessary changes and adaptations.
See lessDiscuss the evolution and impact of the "Basic structure doctrine" of the Indian Constitution. (200 Words) [UPPSC 2022]
Evolution and Impact of the Basic Structure Doctrine Evolution: Introduction: The Basic Structure Doctrine was established by the Supreme Court of India in the landmark case of Kesavananda Bharati v. State of Kerala (1973). The Court, led by Chief Justice S.M. Sikri, ruled that while Parliament hasRead more
Evolution and Impact of the Basic Structure Doctrine
Evolution:
Impact:
In essence, the Basic Structure Doctrine has played a pivotal role in maintaining the core values of the Indian Constitution while allowing for necessary reforms and amendments within its framework.
See lessThe Preamble of the Constitution affirms the basic features of the Constitution and the promotion of human dignity-Elucidate. (125 Words) [UPPSC 2021]
The Preamble of the Indian Constitution is like the intro to a book—it sets the tone for everything that follows. It declares India as a sovereign, socialist, secular, and democratic republic, which basically means we’re all equal, no matter our background or beliefs. It promises justice, liberty, eRead more
The Preamble of the Indian Constitution is like the intro to a book—it sets the tone for everything that follows. It declares India as a sovereign, socialist, secular, and democratic republic, which basically means we’re all equal, no matter our background or beliefs. It promises justice, liberty, equality, and fraternity to everyone, ensuring that no one is left behind. These principles uphold human dignity by making sure everyone has the right to live freely and fairly. By promoting unity and respect for all, the Preamble reflects the core values of the Constitution, aiming for a society where everyone can thrive with dignity.
See lessConstitutional Morality' is rooted in the Constitution itself and is founded on its essential facets. Explain the doctrine of 'Constitutional Morality' with the help of relevant judicial decisions. (150 words) [UPSC 2021]
Doctrine of 'Constitutional Morality' 1. Concept of Constitutional Morality 'Constitutional Morality' refers to the adherence to and promotion of the values and principles embedded in the Constitution of India. It is a commitment to the Constitution’s core ideals, such as justice, equality, and demoRead more
Doctrine of ‘Constitutional Morality’
1. Concept of Constitutional Morality
‘Constitutional Morality’ refers to the adherence to and promotion of the values and principles embedded in the Constitution of India. It is a commitment to the Constitution’s core ideals, such as justice, equality, and democracy, guiding both state actions and individual conduct.
2. Judicial Interpretation
K.S. Puttaswamy v. Union of India (2017): The Supreme Court emphasized that Constitutional Morality is central to interpreting fundamental rights. The judgment upheld the right to privacy, asserting that respect for individual rights is integral to constitutional values.
Navtej Singh Johar v. Union of India (2018): The Court decriminalized consensual same-sex relations, highlighting that Constitutional Morality demands the protection of individual dignity and equality, aligning with the constitutional values of justice and non-discrimination.
3. Conclusion
The doctrine ensures that the Constitution’s fundamental values are upheld in governance and judicial decisions, reinforcing a commitment to democracy and human rights.
See lessHow the power of Governor to Pardon is different from the power of the President under Article 72 of the Indian Constitution? (125 Words) [UPPSC 2023]
Comparison of Pardon Powers: Governor vs. President 1. Constitutional Basis: Governor: The power of pardon for a Governor is derived from Article 161 of the Indian Constitution. This power allows the Governor to grant pardons, reprieves, respites, or commutations of sentences for offenses against stRead more
Comparison of Pardon Powers: Governor vs. President
1. Constitutional Basis:
2. Scope of Authority:
3. Application and Consultation:
Conclusion: While both the Governor and the President have the power to pardon, their scopes and consultations differ significantly, reflecting their respective roles in state and central jurisdictions.
See lessExplain the significance of the 101st Constitutional Amendment Act. To what extent does it reflect the accommodative spirit of federalism? (250 words) [UPSC 2023]
The 101st Constitutional Amendment Act, 2021, is a landmark legislation in India that significantly impacts the country’s federal structure and political representation. This amendment primarily addresses the issue of the delimitation of constituencies and the reservation of seats for Scheduled CastRead more
The 101st Constitutional Amendment Act, 2021, is a landmark legislation in India that significantly impacts the country’s federal structure and political representation. This amendment primarily addresses the issue of the delimitation of constituencies and the reservation of seats for Scheduled Castes (SCs) and Scheduled Tribes (STs).
Significance of the 101st Constitutional Amendment Act
Reflection of Federalism
The 101st Amendment Act reflects the accommodative spirit of federalism in several ways:
In summary, the 101st Constitutional Amendment Act is significant for maintaining stable political representation and ensuring the continued reservation of seats for marginalized communities. It reflects the accommodative spirit of federalism by balancing the interests of different levels of government and promoting inclusiveness and justice within the federal framework.
See less"The Constitution of India is a living instrument with capabilities of enormous dynamism. It is a constitution made for a progressive society." Illustrate with special reference to the expanding horizons of the right to life and personal liberty. (250 words) [UPSC 2023]
The Constitution of India, often described as a "living instrument," demonstrates remarkable dynamism and adaptability, reflecting its ability to evolve with societal progress. This is particularly evident in the expanding horizons of the right to life and personal liberty under Article 21. EvolutioRead more
The Constitution of India, often described as a “living instrument,” demonstrates remarkable dynamism and adaptability, reflecting its ability to evolve with societal progress. This is particularly evident in the expanding horizons of the right to life and personal liberty under Article 21.
Evolution of the Right to Life and Personal Liberty:
In essence, the Constitution’s dynamic nature allows it to adapt to contemporary needs and challenges, ensuring that fundamental rights like those under Article 21 continue to protect and enhance the quality of life in a progressive society.
See lessWhy the Preamble is called the Philosophy of the Indian Constitution ? (125 Words) [UPPSC 2023]
The Preamble of the Indian Constitution is often referred to as its philosophy because it encapsulates the core values, ideals, and objectives that guide the nation's governance and legal framework. It serves as an introductory statement that reflects the aspirations of the people of India, emphasizRead more
The Preamble of the Indian Constitution is often referred to as its philosophy because it encapsulates the core values, ideals, and objectives that guide the nation’s governance and legal framework. It serves as an introductory statement that reflects the aspirations of the people of India, emphasizing principles such as justice, liberty, equality, and fraternity.
The Preamble outlines the vision of a sovereign, socialist, secular, and democratic republic, establishing the foundation for the rights and duties enshrined in the Constitution. By articulating these fundamental concepts, the Preamble provides a framework for interpreting the Constitution and serves as a guiding light for lawmakers and judges. Thus, it embodies the essence of the Indian Constitution, representing the collective ethos and aspirations of its citizens.
See lessWhy the 42nd Amendment is called a revision of the Indian Constitution ? (125 Words) [UPPSC 2023]
The 42nd Amendment, enacted in 1976 during the Emergency period, is often referred to as a revision of the Indian Constitution due to its extensive changes that impacted the constitutional framework. It introduced significant modifications, including the addition of the Fundamental Duties of citizenRead more
The 42nd Amendment, enacted in 1976 during the Emergency period, is often referred to as a revision of the Indian Constitution due to its extensive changes that impacted the constitutional framework. It introduced significant modifications, including the addition of the Fundamental Duties of citizens, thereby enhancing the scope of rights and responsibilities.
Moreover, it altered the preamble, emphasizing the goals of socialism and secularism. The amendment also expanded the powers of the Parliament, allowing it to legislate on matters in the State List under certain conditions, which increased central authority. Additionally, it curtailed judicial review by limiting the scope of courts to challenge constitutional amendments. These sweeping changes collectively transformed the Constitution’s structure, earning the amendment its designation as a revision.
See less