Home/Indian Polity/Indian Constitution/Page 9
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
Critically examine the relevance of the 103rd Constitutional Amendment Act in evolving the reservations policy as tool to meet the objectives of social justice in India.
The 103rd Constitutional Amendment Act, enacted in 2019, introduced a 10% reservation for economically weaker sections (EWS) in education and public employment, marking a significant shift in India's reservation policy. Earlier, reservations were aimed at addressing historical injustices and socialRead more
The 103rd Constitutional Amendment Act, enacted in 2019, introduced a 10% reservation for economically weaker sections (EWS) in education and public employment, marking a significant shift in India’s reservation policy. Earlier, reservations were aimed at addressing historical injustices and social disadvantages faced by Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC). This amendment extends benefits based on economic criteria, regardless of caste. Its relevance lies in acknowledging economic hardship as a barrier to social mobility, broadening the scope of social justice. The Supporters argue that it addresses the needs of economically disadvantaged groups who do not fall under existing reserved categories, promoting inclusive growth. Critics says that this economic-based reservation may dilute the original intention of reservations, which is to rectify systemic social discrimination. Additionally, the 10% EWS quota raises questions about the practical implementation and potential overlap with existing quotas, which already account for 50% of seats. The amendment also risks perpetuating the reliance on quotas as a solution, rather than addressing structural inequalities through comprehensive socio-economic reforms. Thus,the 103rd Amendment aims to expand the ambit of social justice, its long-term impact on achieving genuine equity and inclusion remains to be critically evaluated.
See lessHow does the Indian Constitution ensure the independence of the judiciary? What are the key provisions related to this?
The Indian Constitution ensures the independence of the judiciary through several key provisions. For example . Judges of the Supreme Court and High Courts can only be removed through a rigorous process of impeachment, which requires a two-thirds majority in both Houses of Parliament on grounds of pRead more
The Indian Constitution ensures the independence of the judiciary through several key provisions. For example
. Judges of the Supreme Court and High Courts can only be removed through a rigorous process of impeachment, which requires a two-thirds majority in both Houses of Parliament on grounds of proven misbehavior or incapacity. This safeguards judges from arbitrary removal.
. The appointment of judges to the Supreme Court and High Courts is done by the President, based on the recommendations of the collegium system.
The conditions of service, including salaries and allowances of judges, are fixed and cannot be changed after appointment, as per “Article 125” for Supreme Court judges and “Article 221” for High Court judges. This provision ensures financial security and autonomy.
. The judiciary has the power of judicial review under Article 13, allowing it to take down laws and executive actions that violate the Constitution. This ensures the supremacy of the Constitution.
. Article 50 of the Directive Principles of State Policy mandates the separation of the judiciary from the executive in public services.
Thank you!
See lessAbout major constitutional provisions on education in India
The Indian Constitution has several provisions related to education, which are enshrined in Articles 29 to 31 of the Constitution. Here are some key provisions: Article 29: Right of Minorities to Education Recognizes the right of minorities to establish and administer educational institutions of theRead more
The Indian Constitution has several provisions related to education, which are enshrined in Articles 29 to 31 of the Constitution. Here are some key provisions:
Article 29: Right of Minorities to Education
Article 30: Right of Anglo-Indian Community
Article 30A: Prohibition on Endowment and Restrictions on Educational Institutions
Article 31: Compulsory Education
Makes education a fundamental right for children between the ages of 6 and 14 (later extended to 18 by the 86th Amendment Act, 2002).
Article 32: Fundamental Right to Education
Key directives and judgments
- The Supreme Court’s judgment in T.M.A. Pai Foundation vs. State of Karnataka (2003) emphasized the importance of reservation in private unaided educational institutions.
- The judgment in Imrana Qadri vs. Union of India (2014) upheld the constitutionality of the Right to Education Act, 2009.
- The Supreme Court has also issued several directions and orders to ensure access to education for marginalized communities, such as Dalits, Adivasis, and Muslims.
See lessHow was agriculture affected by the first five year plan of India?
The First Five Year Plan of India (1951-1956) had a significant impact on the agricultural sector of the country. Here are some of the key ways in which agriculture was affected during this plan period: Focus on Agricultural Development: The First Five Year Plan recognized the importance of agricultRead more
The First Five Year Plan of India (1951-1956) had a significant impact on the agricultural sector of the country. Here are some of the key ways in which agriculture was affected during this plan period:
- Focus on Agricultural Development:
- The First Five Year Plan recognized the importance of agriculture as the backbone of the Indian economy and allocated a significant portion of the plan’s resources towards agricultural development.
- The plan emphasized increasing agricultural production, improving irrigation facilities, and expanding the use of modern agricultural techniques and inputs.
- Expansion of Irrigation:
- A major focus of the First Five Year Plan was on expanding and improving irrigation facilities across the country.
- Significant investments were made in the construction of dams, canals, and other irrigation infrastructure to increase the area under irrigation and enhance agricultural productivity.
- This led to the expansion of the total area under irrigation from around 22 million hectares in 1951 to 27 million hectares by 1956.
- Promotion of High-Yielding Varieties:
- The plan encouraged the adoption of high-yielding varieties of crops, particularly wheat and rice, through the introduction of improved seeds and the use of chemical fertilizers.
- This effort laid the foundation for the Green Revolution that would transform Indian agriculture in the subsequent decades.
- Land Reforms:
- The First Five Year Plan also included initiatives for land reforms, such as the abolition of the zamindari system (a feudal land tenure system) and the redistribution of land to small and marginal farmers.
- These reforms aimed to improve the living conditions of agricultural workers and enhance their access to land and other resources.
- Cooperatives and Extension Services:
- The plan promoted the establishment of agricultural cooperatives and the expansion of extension services to provide farmers with access to inputs, credit, and technical guidance.
- This helped to strengthen the institutional support for the agricultural sector and facilitate the adoption of new technologies and practices.
See lesswhy womans have to rely on man of the family for their basic neccessity?
The thing I first of all want to make sure is that women are only depending because of lack of financial independence, which we are overcoming now by replacing female illiteracy with education and hard work. We do see many female entrepreneurs leading the world and what not! Now, addressing an issueRead more
The thing I first of all want to make sure is that women are only depending because of lack of financial independence, which we are overcoming now by replacing female illiteracy with education and hard work. We do see many female entrepreneurs leading the world and what not!
Now, addressing an issue which makes women dependent is the lack of encouragement and self-procrastination. This is the major aspect to be considered as the reason for female dependency. In addition, I would say that as a daughter of my father, I always wanted to make my father feel proud by achieving great heights. But similar case in olden days was to marry a guy who is good and well-settled, which was the only thing that made fathers feel proud. Maybe due to inheritance, we acquainted such aspects even now because the thing is, women are unable to raise their voice to say “no” to their fathers and their husbands. Nowadays, they are unable to get control over their life.
I truly state and believe all these types of dependency systems were inherited, especially in India to be precise! I, therefore, believe that someday we women will take a step of saying “no” at least at some point!
And the solution to this is “Empowering Women through Education and Independence“
See lessConstitutional Amendments Related to Judgement
In the last ten years, two landmark judgments in India are: Aadhaar Judgment (2018): In the Puttaswamy judgment (2018), the Supreme Court of India ruled that the Right to Privacy is a fundamental right guaranteed under the Indian Constitution. The court also held that the Aadhaar scheme, a biometricRead more
In the last ten years, two landmark judgments in India are:
Now, about the NOTA Judgment in 2013:
NOTA Judgement (2013): In 2013, the Supreme Court of India ruled in the case of People’s Union for Civil Liberties vs. Union of India that a voter has the right to exercise a “None of the Above” (NOTA) option in an election. This option allows voters to choose NOTA if they are dissatisfied with all the candidates contesting an election. The court held that this option is essential for democratic governance and would help to ensure that voters are not forced to vote for a candidate they do not want.
The NOTA option was introduced by the Election Commission of India through an amendment to Rule 49(0) of the Conduct of Election Rules, 1961, in January 2013. The option is available to all electors, except those who are voting by postal ballot or proxy.
See lessAmendments in Indian Constitution
In India, a magnificent tale of a living document unfolds – The Constitution of India. From 1950, it was designed to guide our Nation as diverse and vibrant India itself. But the time moves the constitution needed to grow, just like the country it served. Thus began the journey of amendments, now itRead more
In India, a magnificent tale of a living document unfolds – The Constitution of India. From 1950, it was designed to guide our Nation as diverse and vibrant India itself. But the time moves the constitution needed to grow, just like the country it served. Thus began the journey of amendments, now it is 106 in 2024.
It began with the First Amendment which introduced in the year 1951. It planted to uplift the socially and educationally backward classes, ensuring that everyone had chance to flourish. As the years passed, the Constitution continued to evolve. In 1976, an outbreak is visible, known as the 42nd Amendment, it created so many changes named as “Mini-Constitution.” This amendment aimed to reshape the land but also created controversy by trying to curb the power of the judiciary.
Some amendments, ensuring reservations for disadvantaged groups, acted like rays of hope, pushing the nation toward justice and equality. Others, like the 42nd Amendment, faced resistance and sparked debates. More than these all, the Indian Constitution has been a living, breathing entity, adapting to the needs of its people. Each amendment is a chapter in the epic tale of India’s journey toward a just and dynamic society, constantly balancing tradition and progress.
See lessEconomic Growth vs. Environmental Protection in Developing Countries
The relevance of aestheticism in E.W. Hornung's A.J. Raffles series is primarily manifested through the character of Raffles himself and the thematic exploration of art, beauty, and the pursuit of sensual pleasures. Raffles as an Aesthetic Figure: Raffles, the gentleman thief protagonist of the seriRead more
The relevance of aestheticism in E.W. Hornung’s A.J. Raffles series is primarily manifested through the character of Raffles himself and the thematic exploration of art, beauty, and the pursuit of sensual pleasures.
- Raffles as an Aesthetic Figure:
- Raffles, the gentleman thief protagonist of the series, is depicted as a cultivated and refined individual who values aesthetics and the finer things in life.
- His appreciation for art, music, and fine living is a central aspect of his character, reflecting the principles of the aesthetic movement that emerged in the late 19th century.
- Raffles’ attention to detail, his love of beautiful objects, and his pursuit of sensual experiences align him with the aesthetic ideals of “art for art’s sake” and the emphasis on the intrinsic value of beauty.
- The Aesthetics of Crime:
- Hornung’s portrayal of Raffles’ criminal activities often highlights the aesthetic dimension of his thefts and burglaries.
- Raffles approaches his criminal exploits with a sense of artistry, meticulously planning and executing his heists in a way that showcases his skill and appreciation for the beauty of the objects he steals.
- The series explores the notion of the “aesthetics of crime,” where Raffles’ criminal actions are imbued with a certain elegance and refinement, challenging traditional moral boundaries.
- The Tension between Aestheticism and Morality:
- The Raffles series often presents a tension between Raffles’ aesthetic sensibilities and the moral implications of his criminal activities.
- Hornung’s portrayal of Raffles as a likable and charming protagonist creates a sympathetic figure, despite his transgressions, inviting readers to engage with the complexities of ethical considerations.
- This tension reflects the broader debates within the aesthetic movement, where the pursuit of beauty and sensual pleasures was sometimes seen as conflicting with traditional moral values.
- The Influence of Oscar Wilde’s Aestheticism:
- Hornung’s depiction of Raffles and the thematic exploration of aestheticism in the series can be seen as influenced by the ideas and writings of Oscar Wilde, a prominent figure in the aesthetic movement.
- Wilde’s emphasis on the primacy of art and beauty over moral considerations is reflected in the Raffles series, where Raffles’ criminal activities are often justified or romanticized through his appreciation for the aesthetic qualities of his targets.
See lessWhat do you think is the most significant barrier to accessing quality education in your community?
The most significant barrier to accessing quality education in many communities is often a lack of resources. This can include inadequate funding for schools, insufficient access to educational materials and technology, poorly trained teachers, and inadequate infrastructure. These factors contributeRead more
The most significant barrier to accessing quality education in many communities is often a lack of resources. This can include inadequate funding for schools, insufficient access to educational materials and technology, poorly trained teachers, and inadequate infrastructure. These factors contribute to a learning environment that does not support the full potential of students. Additionally, socioeconomic disparities can further exacerbate these challenges, limiting access to quality education for underprivileged groups.
Suggestion for Improvement: Invest in upgrading school facilities, provide essential learning materials, and ensure access to modern technology. This can be achieved through government funding, public-private partnerships, and community-driven initiatives to create a more conducive learning environment for students.
Communities can enhance educational infrastructure by:
- Fundraising: Organizing events for school improvements and resources.
- Volunteering: Contributing time for school maintenance, tutoring, and activities.
- Partnerships: Collaborating with businesses for financial and technical support.
- Advocacy: Pushing for better government funding and educational policies.
- Parental Involvement: Engaging parents in school activities and decisions.
- Mentorship: Offering guidance and support to students.
See lessPreventive Detention Laws
The presumption of innocence is a fundamental right in Indian criminal law, enshrined in Article 20(3) of the Constitution. However, as an exception, preventive detention laws like the National Security Act (NSA) and the Unlawful Activities (Prevention) Act (UAPA) allow for detention without trial,Read more
The presumption of innocence is a fundamental right in Indian criminal law, enshrined in Article 20(3) of the Constitution. However, as an exception, preventive detention laws like the National Security Act (NSA) and the Unlawful Activities (Prevention) Act (UAPA) allow for detention without trial, effectively reversing the burden of proof.
These laws are justified on the grounds of national security and public order, as they aim to prevent individuals from engaging in activities that may threaten the state. The Supreme Court has upheld the constitutionality of preventive detention laws, provided they adhere to the procedural safeguards laid down in Article 22 of the Constitution.Laws like the Prevention of Money Laundering Act (PMLA) have also been criticized for shifting the burden of proof onto the accused. While the government argues that these laws are necessary to combat serious crimes, civil liberties advocates contend that they undermine the presumption of innocence and due process.
The increasing use of such laws raises concerns about the erosion of fundamental rights and the creation of a new norm where the exception becomes the rule. It is crucial to strike a balance between national security and individual rights, ensuring that preventive detention laws are used judiciously and in accordance with constitutional principles.
See less