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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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Home/Indian Polity/Indian Constitution/Page 6

Mains Answer Writing Latest Questions

Chhavista Singh
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Chhavista SinghBegginer
Asked: August 9, 2024In:
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constitutional amendmentsindian polity
  1. Priyanka Luthra
    Priyanka Luthra Begginer

    This judgment of basic structure doctrine in the case of Kesavananda Bharathi Sripadagalvaru & Ors v State of Kerala & Anr (1973) was a landmark judgement to determine the change of subsequent constitutional amendments in the country of India. It holds that while the Parliament can alter theRead more

    This judgment of basic structure doctrine in the case of Kesavananda Bharathi Sripadagalvaru & Ors v State of Kerala & Anr (1973) was a landmark judgement to determine the change of subsequent constitutional amendments in the country of India. It holds that while the Parliament can alter the Constitution, the fundamental framework or Character of Constitution, meaning the principles of democracy, secularism, federal structure, and the rule of law cannot be removed by the Parliament.

    This doctrine restricts the Parliament which is advantageous to preserve the pure form of the constitution. It also helps the judiciary to scrutinize the amendments and set them aside if they are against the spirit of the Constitution, as in the case of Minerva Mills v. Union of India (1980) connected with the 42nd Amendment.

    Consequently, as per the basic structure, the doctrine shields the rights from gradual erosion by amendments while maintaining the Constitution’s stability. It also maintains a proper balance with the legislative branch to ensure that one does not encroach on the powers of the other and dilute key constitutional provisions. Altogether, the basic structure doctrine has come out as a very effective tool in the quest to safeguard the framework of the constitution in India.

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Ayushi
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AyushiBegginer
Asked: July 26, 2024In: , ,
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What are the experiences of LGBTQ+ people in Indian society, and what constitutional laws and regulations might be implemented into effect to provide them social justice?

  1. Jiya Sonkar
    Jiya Sonkar Begginer

    The LGBTQ+ community suffers greatly and is frequently the target of hate crimes committed not only in India but also worldwide. There is a significant percentage of hate and conceit against these minorities. Although a few of countries have formally acknowledged third gender and homosexuals as equaRead more

    The LGBTQ+ community suffers greatly and is frequently the target of hate crimes committed not only in India but also worldwide. There is a significant percentage of hate and conceit against these minorities. Although a few of countries have formally acknowledged third gender and homosexuals as equal citizens. Only when there is political and economic justice can there be social justice. Since the 2010s, LGBTQ+ people in India have experienced an increase in societal acceptance and tolerance. Under the Transgender Person (Protection of Rights) Act of 2019, the right to self-perceived gender identity is recognised. When a certificate from a qualified medical professional is received, government organisations can issue new identification documents verifying a gender transition.

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Versha Malik
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Versha Malik
Asked: July 17, 2024In:
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Examine the role of the Federalism in shaping the Indian polity. Analyse the impact of the Federalism in Indian political system.

federalism
  1. Kritika Pandey
    Kritika Pandey Begginer

    Role of Federalism in Shaping the Indian Polity 1. Constitutional Framework: • The Indian Constitution provides a clear demarcation of powers between the Union and State governments through the Union List, State List, and Concurrent List. This ensures a structured division of responsibilities. • TheRead more

    Role of Federalism in Shaping the Indian Polity

    1. Constitutional Framework:
    • The Indian Constitution provides a clear demarcation of powers between the Union and State governments through the Union List, State List, and Concurrent List. This ensures a structured division of responsibilities.
    • The Union List contains subjects of national importance like defense, foreign affairs, and atomic energy, while the State List includes subjects like police, public health, and agriculture. The Concurrent List contains subjects where both the Union and the State governments can legislate, such as education and marriage.

    2.Autonomy and Unity:
    • Federalism allows states to enjoy a degree of autonomy in governance, enabling them to cater to local needs and preferences.
    • At the same time, it maintains the unity and integrity of the nation by ensuring a strong central authority to handle issues of national importance.

    3. Accommodating Diversity:
    • Federalism in India is crucial for managing the country’s linguistic, cultural, and regional diversity. States have the authority to enact laws and policies that reflect local customs and practices.
    • The linguistic reorganization of states in the 1950s and 1960s is an example of federalism adapting to the demands of regional identity.

    4. Conflict Resolution:
    • The federal structure provides a mechanism for resolving conflicts between the center and the states. Institutions like the Inter-State Council and the Finance Commission play significant roles in this regard.

    Impact of Federalism on the Indian Political System

    1. Political Decentralization:

    • Federalism has led to the decentralization of power, empowering state governments and local bodies. This has increased political participation at the grassroots level and brought governance closer to the people.
    • The 73rd and 74th Constitutional Amendments, which established Panchayati Raj Institutions (rural local governments) and Urban Local Bodies, respectively, are significant milestones in this process.

    2. Center-State Relations:

    The dynamics of center-state relations are a crucial aspect of Indian federalism. Issues such as the implementation of central schemes, allocation of financial resources, and emergency provisions (like President’s Rule) often create tensions.
    • Institutions like the Finance Commission play a vital role in ensuring a fair distribution of financial resources between the center and the states, thus impacting their fiscal autonomy.

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Sohan Choudhury
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Sohan ChoudhuryBegginer
Asked: January 4, 2025In:
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Roadmap for Answer Writing 1. Introduction (100-120 words) Definition of the Doctrine: Introduce the doctrine of basic structure, which was established by the Supreme Court of India in the landmark case of Kesavananda Bharati v. State of Kerala (1973). Context: Mention the need ...

upsc: indian constitution
  1. Team
    Best Answer
    Team Supreme

    Model Answers Significance of the Doctrine of Basic Structure The doctrine of basic structure, established in the landmark case Kesavananda Bharati v. State of Kerala (1973), plays a crucial role in preserving the core values of the Indian Constitution. It ensures that the Parliament's power to amenRead more

    Model Answers

    Significance of the Doctrine of Basic Structure

    The doctrine of basic structure, established in the landmark case Kesavananda Bharati v. State of Kerala (1973), plays a crucial role in preserving the core values of the Indian Constitution. It ensures that the Parliament’s power to amend the Constitution is not absolute and cannot be used to alter its fundamental framework. This doctrine protects against the politicization of the Constitution by preventing any ruling majority from undermining constitutional principles.

    Key Significance:

    1. Prevents Totalitarianism: The doctrine acts as a safeguard against the potential misuse of power by the ruling government. In Minerva Mills case (1980), the Supreme Court held that the Parliament cannot destroy the Constitution’s basic features through amendments.
    2. Separation of Powers: It ensures that the separation of powers between the Legislature, Executive, and Judiciary is upheld, preventing any one organ from interfering in the others’ functions.
    3. Federalism: In the S.R. Bommai case (1994), the Supreme Court ruled that the federal structure of the Constitution is part of its basic structure, thereby protecting Centre-State relations.

    Limitations of the Doctrine of Basic Structure

    Despite its significance, the basic structure doctrine has limitations:

    1. Vagueness: The doctrine is often criticized for being vague and undefined, leading to inconsistent judicial interpretations.
      • Source: Waman Rao v. Union of India (1980) – The doctrine is applied prospectively, meaning amendments made before April 24, 1973 (Kesavananda case) cannot be challenged.
    2. Judicial Overreach: Critics argue that it gives the Judiciary excessive power, allowing courts to overstep into legislative functions and sit as “super-legislators” rather than focusing on constitutional validity.
      • Source: Judicial critique in various legal analyses.

    In conclusion, while the doctrine serves as a vital shield protecting constitutional values, its application must be careful to avoid judicial overreach and maintain balance among the three branches of government.

    By following this roadmap, the answer is structured to cover both the significance and limitations of the doctrine of basic structure, providing a balanced analysis of its impact on the Indian Constitution.

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Gaurav Reddy
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Gaurav ReddyBegginer
Asked: July 16, 2024In:
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Analyze the impact of the 1935 Government of India Act on the creation of the Constitution of India. Talk about the differences and similarities with this previous constitutional structure.

upsc: history of constitution
  1. Goluram Singh
    Goluram Singh Begginer

    The Government of India Act, 1935 had a significant influence on the drafting of the Indian Constitution, with both continuities and departures observed in the final constitutional framework. Continuities: Federal Structure: Both the Government of India Act, 1935 and the Indian Constitution adoptedRead more

    The Government of India Act, 1935 had a significant influence on the drafting of the Indian Constitution, with both continuities and departures observed in the final constitutional framework.

    Continuities:

    Federal Structure: Both the Government of India Act, 1935 and the Indian Constitution adopted a federal structure, with a central government and provincial/state governments.
    Distribution of Powers: The Constitution retained the broad division of powers between the Union and the states, as established in the 1935 Act, with the Union government having greater powers.
    Bicameral Legislature: While the Indian Constitution ultimately opted for a unicameral Parliament at the Union level, the 1935 Act had established a bicameral legislature at the center, which was a reference point during the debates.
    Gubernatorial System: The Constitution retained the gubernatorial system, with the President/Governor acting as the nominal head of the Union/state governments.
    All-India Services: The Constitution continued the system of All-India Services, such as the Indian Administrative Service and the Indian Police Service, which were introduced in the 1935 Act.
    Departures:

    Constituent Assembly: The most significant departure was the drafting of the Constitution by a democratically elected Constituent Assembly, rather than being imposed by the British Parliament, as was the case with the 1935 Act.
    Strengthened Centre: The Indian Constitution granted the Union government significantly more powers compared to the 1935 Act, reflecting a stronger unitary bias.
    Fundamental Rights: The Constitution incorporated a comprehensive Bill of Fundamental Rights, which was absent in the 1935 Act.
    Directive Principles of State Policy: The Constitution introduced the novel concept of Directive Principles of State Policy, which were non-justiciable but guided the state’s policymaking.
    Judiciary: The Constitution established a unified, integrated judiciary, unlike the dual judiciary system envisaged in the 1935 Act.
    Electoral System: The Constitution introduced a system of direct elections to the Lok Sabha, as opposed to the indirect elections prescribed in the 1935 Act.
    The influence of the Government of India Act, 1935 is evident in the Indian Constitution, particularly in the broad federal structure and the distribution of powers between the Union and the states. However, the Constituent Assembly, guided by the vision of a democratic, sovereign, and egalitarian India, made significant departures to create a unique constitutional framework that better reflected the aspirations of the Indian people.

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Team
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TeamSupreme
Asked: August 16, 2024In:
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Constitutional morality is based on the fundamental elements of the Constitution and has its roots in it. Using pertinent court rulings as support, describe the “Constitutional Morality” doctrine. (150 words) [UPSC 2021]

upsc: indian constitution
  1. Samara Mishra
    Samara Mishra Begginer

    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.

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Curious Minds
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Curious MindsBegginer
Asked: August 3, 2024In:
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Discuss the significance of the Preamble in the Indian Constitution. How does it reflect the core values and objectives of the nation?

constitutionindianpoll
  1. Rikta Sinhababu
    Rikta Sinhababu Begginer

    The preamble is considered as the soul to understanding the constitution. It serves as an introduction to the constitution, reflecting the core values and objectives of the nation. significance Of the preamble unity and integrity: it promotes the idea of fraternity to ensure the unity and integrityRead more

    The preamble is considered as the soul to understanding the constitution. It serves as an introduction to the constitution, reflecting the core values and objectives of the nation.

    significance Of the preamble

    • unity and integrity: it promotes the idea of fraternity to ensure the unity and integrity of the nation.
    • The philosophical foundation: It provides a framework for interpreting various provisions of the Indian Constitution. it act as a moral compass for policymaker and law makers.
    • Historical context: it reflects the aspirations of the framers of the constitution and the socio-political context of the post-colonial period.

    The preamble reflects the core value and objectives of the constitution through its key elements:

    CORE VALUES:

    • sovereign: India is an independent nation, free from external control or influence.
    • socialist: To achieve more equitable distribution and reduce the bridge of social inequalities.
    • secular: ensuring no discrimination against any religion and treating every religion with equal respect.
    • democratic: establishing a system of government elected by the people for the people.
    • republic: emphasizing a system of governance based on equality.

    OBJECTIVES:

    • justice: ensuring rule of law where everyone is equal before the law
    • liberty: guaranteeing individual freedom and rights such as freedom of speech and expression.
    • Fraternity: a sense of brotherhood and unity among all citizen.
    • equality: ensuring equality before the law and equal opportunities among the citizens.

    The preamble of the constitution is the essence of the nation’s values and objectives. It acts as a foundational document that guides the interpretation of the constitution and the functioning of the state, ensuring the principle of justice, equality, and fraternity remain central to Indian governance.

     

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Anonymous
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Anonymous
Asked: July 26, 2024In: , , , , , , , , ,
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question
  1. B Deepsikha
    B Deepsikha Begginer

    Our history has been an evidence to why the roles of men and women are confined to their so called respective fields. The cause is just right before our eyes and it's the very psychology of a human that is our mindset , how we think , what we think and to what extent . Keeping the genetic factors asRead more

    Our history has been an evidence to why the roles of men and women are confined to their so called respective fields. The cause is just right before our eyes and it’s the very psychology of a human that is our mindset , how we think , what we think and to what extent . Keeping the genetic factors aside we are a material of our environment. We imitate what we see. History has always been in support of patriarchal society, where the women have almost no rights to earn a living and have to depend on certain male figure to make their ends meet.

    Culturally and socially our history has been dominated by males which is the exact reason why even in the 21st century there are so many women who are still relying on a male figure for their basic necessities.

    It has been a long engraved mindset which wouldn’t disappear at a snap of figure especially in the backward areas where people are still prone to many such prejudices and discrimination .

    Even till today there exists this culture of building the mindset of a girl to be limited to their social constraints and not to do anything beyond what’s socially acceptable.

    We have come a long way from the women suffrage movement to the women quotas at workplace. If we continue to build the young minds to be more open and engaging in the equal treatment of all human , there will be a build up of financial independence and confidence despite the gender.

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Manoj Singh
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Manoj SinghLearner
Asked: July 16, 2024In:
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Talk about how the Preamble influenced the core ideals and tenets of the Indian Constitution. Examine the interpretations of the Preamble and their impact on the development of constitutional jurisprudence.

upsc: features of indian constitution
  1. Anishka Ray
    Anishka Ray Begginer

    The Preamble of the Indian Constitution encapsulates its core ideals: sovereignty, socialism, secularism, democracy, republicanism, and the principles of justice, liberty, equality, and fraternity. These ideals guide the entire document and influence constitutional interpretation. Key Judicial InterRead more

    The Preamble of the Indian Constitution encapsulates its core ideals: sovereignty, socialism, secularism, democracy, republicanism, and the principles of justice, liberty, equality, and fraternity. These ideals guide the entire document and influence constitutional interpretation.

    Key Judicial Interpretations:

    • Kesavananda Bharati Case (1973): Declared the Preamble as part of the Constitution, establishing that its basic structure cannot be altered.
    • S.R. Bommai Case (1994): Emphasized secularism and federalism as fundamental principles.
    • Minerva Mills Case (1980): Highlighted the balance between Fundamental Rights and Directive Principles, protecting the Constitution’s basic structure.

    These cases reinforced the inviolability of the Preamble’s principles, preventing arbitrary amendments, and ensuring justice, liberty, equality, and fraternity in governance. The Preamble’s interpretation has guided the judiciary in preserving the democratic, secular, and socialist fabric of the nation, shaping India’s constitutional jurisprudence.

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Prateek
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PrateekLearner
Asked: June 5, 2024In:
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Emphasize the transfer of authority granted by the 73rd and 74th Constitutional Amendment Acts. Do you believe that thus far, the devolution process has not been entirely satisfactory? (Answer in 200 words)

upsc: amendments in indian constitution provisions
  1. Animesh Singh
    Animesh Singh Learner

    The 73rd and 74th Constitutional Amendment Acts were landmark reforms aimed at strengthening local self-governance in India through the devolution of powers to Panchayati Raj Institutions (PRIs) and Urban Local Bodies (ULBs). Key features of the devolution of powers under these amendments include thRead more

    The 73rd and 74th Constitutional Amendment Acts were landmark reforms aimed at strengthening local self-governance in India through the devolution of powers to Panchayati Raj Institutions (PRIs) and Urban Local Bodies (ULBs).

    Key features of the devolution of powers under these amendments include the establishment of a three-tier system of Panchayats, the mandatory holding of regular elections, the devolution of 29 subjects from the state list to Panchayats, and the recognition of municipalities as the third tier of governance with the devolution of 18 subjects.

    However, the process of devolution has been less than satisfactory in many parts of the country. Challenges include the lack of functional devolution, inadequate financial resources, capacity constraints of local bodies, and political interference by state governments.

    To address these challenges and strengthen local self-governance, a more concerted effort is needed by both the central and state governments to empower PRIs and ULBs through adequate devolution of powers, resources, and capacity-building support. This would enable local bodies to fulfill their responsibilities effectively and contribute to the overall development and democratic governance of the country.

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