Answer the question in maximum 200 words. This question carries 11 marks. [MPPSC 2023] “Indian Parliament can amend the Constitution, but not its basic structure” statement.
Yes, I believe new legislation is required to guarantee judicial accountability in India. The current mechanisms, like impeachment, are inefficient and rarely used, leading to a lack of effective oversight. Instances of judicial misconduct, corruption, and delays in justice have eroded public trustRead more
Yes, I believe new legislation is required to guarantee judicial accountability in India. The current mechanisms, like impeachment, are inefficient and rarely used, leading to a lack of effective oversight. Instances of judicial misconduct, corruption, and delays in justice have eroded public trust in the judiciary. A new law could establish an independent body to oversee judicial conduct, ensure transparency, and address grievances promptly.
Such legislation would provide clear guidelines for ethical behavior and accountability, deterring misconduct and enhancing the judiciary’s credibility. It would balance judicial independence with necessary oversight, ensuring judges are held to high standards of integrity and professionalism. By reinforcing the rule of law and improving public confidence, a new judicial accountability law would strengthen India’s democratic foundations and the overall justice system.
See less
The statement "Indian Parliament can amend the Constitution, but not its basic structure" reflects a key principle established by the Indian judiciary regarding the power of constitutional amendments in India. This principle has its origins in the landmark Supreme Court case of Kesavananda Bharati vRead more
The statement “Indian Parliament can amend the Constitution, but not its basic structure” reflects a key principle established by the Indian judiciary regarding the power of constitutional amendments in India. This principle has its origins in the landmark Supreme Court case of Kesavananda Bharati v. State of Kerala (1973). Here’s a detailed commentary on this principle:
Context and Background:
Basic Structure Doctrine:
Implications and Impact:
Conclusion:
The principle that “Indian Parliament can amend the Constitution, but not its basic structure” serves as a safeguard to preserve the essential framework and values of the Constitution. It balances the need for constitutional adaptability with the necessity to maintain core democratic principles. This doctrine underscores the enduring nature of the Constitution’s foundational principles and provides a crucial check on the power of constitutional amendments.
See less