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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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what is parliament?and apart from lok sabha and rajya sabha who else constitutes the parliament?
Parliament is the supreme legislative body of a country, responsible for making laws, representing the electorate, and overseeing the government. In many democratic countries, the parliament is a key institution that ensures the government is accountable to the people. In India, the Parliament consiRead more
Parliament is the supreme legislative body of a country, responsible for making laws, representing the electorate, and overseeing the government. In many democratic countries, the parliament is a key institution that ensures the government is accountable to the people.
In India, the Parliament consists of three main components:
Lok Sabha (House of the People): The lower house of Parliament, where members are directly elected by the people of India. It represents the citizens and is responsible for making and passing laws.
Rajya Sabha (Council of States): The upper house of Parliament, where members are elected by the elected members of State Legislative Assemblies, and by the members of the Electoral college for Union Territories, as well as nominated by the President. It represents the states and union territories of India.
The President of India: Apart from the Lok Sabha and Rajya Sabha, the President of India is also a crucial part of the Parliament. The President’s role includes giving assent to bills passed by both houses, summoning and proroguing sessions of Parliament, and addressing joint sessions. The President’s approval is required for a bill to become law.
Together, these three components—the Lok Sabha, Rajya Sabha, and the President—constitute the Parliament of India.
See lessquasi- federal india
India cannot be a unitary state because the constitution gives more power to center than the states,more power is given to central government.Here's an explanation for more clarity- 1-India is a diverse country and home of vast cultures,languages,ethnic groups and religions,if all the power will beRead more
India cannot be a unitary state because the constitution gives more power to center than the states,more power is given to central government.Here’s an explanation for more clarity-
1-India is a diverse country and home of vast cultures,languages,ethnic groups and religions,if all the power will be centralised it would be difficult for a government to manage and respect the diversity,hence the federal structure gives different states the authority to manage things according to their local needs.
2-In British era,India was controlled by a centralised authority,which caused a lot of dissatisfaction and the framers of the constitution were aware about this situation hence they designed our constitution accordingly.
3-The federal structure of our constitution divides the power between central and state.India has bicameral legislature which represents the states at the federal level.
4-The center has more powers but supreme court often rules in favour of states rights whenever there is conflict which maintains power between center and state.
5-India is large and diverse country it cannot be government effectively by centralised authority and centralised government would be overburdened and disconnected from local realities ,local administration are better at handling local issues which helps in smooth functioning.
In simpler terms,India should remain a federal country because it is too diverse and has complex historical context and need for local governance.The balance between federalism and centralisation ensures effective functioning of a nation while respecting regional identities and maintaining unity.
See lessThe Indian Constitution
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
The preamble reflects the core value and objectives of the constitution through its key elements:
CORE VALUES:
OBJECTIVES:
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.
See lessHow have recent amendments to the Indian Constitution altered the balance of power between the central and state governments, and what impact has this had on local governance in different regions of India
The changes which have been introduced in the Indian Constitution in the recent past have shifted the balance of federal landscape and administration further to the Centre. For example, the Centre abrogated Article 370 in August 2019 and bifurcated Jammu and Kashmir into two Union Territories, whichRead more
The changes which have been introduced in the Indian Constitution in the recent past have shifted the balance of federal landscape and administration further to the Centre. For example, the Centre abrogated Article 370 in August 2019 and bifurcated Jammu and Kashmir into two Union Territories, which made most of the state’s autonomy nugatory, reporting directly to New Delhi. This was a particularly clear sign of a more active and dominant policy on the part of the central government in relation to the states, especially in matters of a federal character. For instance, while the 101st amendment in 2017 has integrated GST, it has necessitated the centralisation of tax collections. While this aided in the process of tax simplification it restricted the autonomy of the states on fiscal policy and made them more dependent on central grants. These changes have impacted local governance by reducing the ability and capacity of the state government to tackle issues that are local or peculiar to any region. Battles over centralization of power occurred concerning the loss of control over the economy and the management of specific regions, and the consequences of this for variation and autonomy of states. In this regard the change has generated questions on the efficiency of regional governance structures and capacity of states to address population needs where there is no adequate decentralization.
See lessExplain the abrogation of article 370 of Indian Constitution. What other articles supported the abrogation.
The decision to revoke Article 370 of the Constitution of India, which conferred a degree of self-governance to the territory of Jammu and Kashmir, was a constitutional and political decision. On August 5, 2019, the Government of India, through a Presidential Order (C.O. 272) and a resolution in ParRead more
The decision to revoke Article 370 of the Constitution of India, which conferred a degree of self-governance to the territory of Jammu and Kashmir, was a constitutional and political decision. On August 5, 2019, the Government of India, through a Presidential Order (C.O. 272) and a resolution in Parliament revoked Article 370 taking away the special status of Jammu and Kashmir.
Article 370 let Jammu and Kashmir have its own constitution and control all affairs concerning the state apart from few important ones such as defense, external affairs, and communications. The abrogation was done by exercising the powers under Article 370 (3) whereby the President could adapt or suspend the operation of Article 370 with the consent of the state’s constituent assembly. Since the dissolution of the Jammu and Kashmir Constituent Assembly in 1957, the Government contended that the powers of the Constituent Assembly were invested in the Jammu and Kashmir State Legislative Assembly and subsequently in the Parliament because of lack of state assembly.
Even Article 367 that concerns the interpretation of the Constitution was also changed in order to enable the abrogation. This amendment reinterpreted the terms used in Article 370, allowing the President to act without the concurrence of the Jammu and Kashmir government, thereby enabling the revocation of the state’s special status and its reorganization into two Union Territories: Jammu & Kashmir, and Ladakh.
See lessIn what ways did the Supreme Court's interpretation of the "basic structure doctrine" impact later amendments to the Constitution?
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.
See lessSarkaria Commission (1983)
The Sarkaria commission, also called "Commission on Centre- State relations" was formed by the Government in 1983 in order to improve the relations between the Centre and state in matters of power distribution and administrative measures. There were varied reasons for its formation which are as follRead more
The Sarkaria commission, also called “Commission on Centre- State relations” was formed by the Government in 1983 in order to improve the relations between the Centre and state in matters of power distribution and administrative measures.
There were varied reasons for its formation which are as follows: –
Few important recommendations given by Sarkaria commission are as follows:-
While all the recommendations of Sarkaria commission are not fully implemented yet, its report remains a significant reference on Centre-state relations.
See lessElucidate the role of the Directive Principles of State Policy (DPSPs) in the governance of India. How do they complement the Fundamental Rights?
The Directive Principles of State Policy are outlined in Part IV (Article 36 - 51) of the Constitution of India. The constitution makers borrowed these principles from the Irish Constitution. These principles are Socialist ,Gandhian and Liberal - Intellectual in nature. Role of Directive PrinciplesRead more
The Directive Principles of State Policy are outlined in Part IV (Article 36 – 51) of the Constitution of India. The constitution makers borrowed these principles from the Irish Constitution. These principles are Socialist ,Gandhian and Liberal – Intellectual in nature.
Role of Directive Principles of State Policy ( DPSP) in governance
1)Article 37 states that though DPSPs are non justiciable, they are fundamental in the governance of the country and it is the duty of the states to apply principles while formulating policies.
2)DPSPs serve as guiding principles through which a welfare state can be established.
3) DPSPs serve as a test for the performance of the government.
4) DPSPs bring stability and continuity in policies and serve as a common political manifesto.
5) DPSPs lay down foundation for realization of economic and social democracy.
DPSPs are complementary to fundamental rights and fill the vacuum for providing social and economic rights. They are helpful to the courts in the interpretation of fundamental rights and allow for their full and proper enjoyment. Dr. BR Ambedkar, chairman of the Drafting Committee of the Constituent Assembly, had stated that, “The Directive Principles are specially designed to establish social and economic democracy.”
See lessArguments say that India copied its Constitution from other countries rather than making its own. Answer this in 200 words with relevant points.
The comment that India imitated or borrowed its Constitution from other countries lacks the insight to identify the thoughtfulness and meticulousness that went into the drafting of that Constitution. The Indian Constitution does have selective salient features borrowed from other constitutions, butRead more
The comment that India imitated or borrowed its Constitution from other countries lacks the insight to identify the thoughtfulness and meticulousness that went into the drafting of that Constitution. The Indian Constitution does have selective salient features borrowed from other constitutions, but that was done with great pondering and contemplation, as these features could be further adapted easily into the Indian social and political milieu and domain.
1. Varied Sources of Inspiration: The Indian Constitution has been influenced by several sources including the British, American, Irish, Canadian, Australian, etc. For example, the concept of Fundamental Rights has obtained directly and indirectly from the U.S. Bill of Rights whereas the parliamentary system of government is a carbon copy of that of Britain.
2. Tailored to Indian Needs: Those borrowed features were not merely the copy words; rather, those were to be altered in the light of Indian needs. The makers of the Constitution under the Chairmanship of Dr. B.R. Ambedkar very cautiously deliberated and then made amendments in them to be relevant to India’s peculiar problems and aspirations.
3. Comprehensive and Original Framework: It is a broad document and contains the uniquity in the sense that, under the Constitution, provision for social justice, federalism, and the detailed Fundamental Duties list is relatively unique to India and nowhere else.
4. Innovative Provisions: It includes innovative provisions such as the Directive Principles of State Policy, which provide guidelines for the government to lay down the laws regarding the social and economic welfare of the people.
However, the Indian Constitution ventured only to draw from the earlier precedents. It was an original document, carved dethe only way possible to deal with the multiple and complicated needs of the country.
See lessIndian Constitution
The two—the Fundamental Rights and Directive Principles of State Policy—under the Indian Constitution, are related to each other inseparably to fulfill the broader goals of justice, liberty, equality, and fraternity. Fundamental Rights Nature: Justiciable, that is, legally enforceable in courts. PurRead more
The two—the Fundamental Rights and Directive Principles of State Policy—under the Indian Constitution, are related to each other inseparably to fulfill the broader goals of justice, liberty, equality, and fraternity.
Fundamental Rights
Nature: Justiciable, that is, legally enforceable in courts.
Purpose: Protect individual freedoms and rights against state actions, ensuring personal liberties and equality.
Examples: Right to equality, right to freedom of speech and expression, right to life and personal liberty, right against exploitation, right to freedom of religion.
Directive Principles of State Policy
These are non-justiciable in nature. That is to say, these cannot be legally implemented or challenged in a court of law.
These guidelines provide directions to the state for formulating and implementing policies toward establishing social and economic democracy.
Examples: Adequate means of livelihood, equal distribution of wealth, right to work, education and public assistance, promotion of the health and welfare of people.
Relationship
1.Complementarity: Fundamental Rights ensure political democracy by protecting individual rights, and DPSPs aim at establishing social and economic democracy by guiding state policies.
2. Integration: Both are essential for realizing the constitutional vision. Fundamental Rights present the framework within which the state has to operate, while DPSPs give a roadmap for the state to create conditions where Fundamental Rights can be meaningfully exercised.
3. Judicial Interpretation : Courts interpret FRs, more often than not, by reflecting on DPSPs so that, in effect, individual freedom and social justice meet at an appropriate juncture. For instance, the right to education was interpreted by borrowing from the DPSP relating to free and compulsory education for children.
4. Policy Making: DPSPs have an impact on laws and policies. They cannot take precedence over Fundamental Rights, but they do act as an inspiration to legislation and administrative actions in executing social and economic objectives.
In effect, the fundamental rights and the DPSPs form the very bedrock of a democratic society that strives to strike a balance between individual liberties and collective well-being.
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