Roadmap for Answer Writing 1. Introduction Overview of the Judicial System: Begin with a brief description of the importance of an efficient judicial system in any democratic state. Mention that the judicial system is tasked with interpreting the Constitution, resolving disputes, and ...
Model Answers Introduction The 42nd Constitutional Amendment Act, 1976, also known as the "Mini Constitution," introduced several significant changes to the Indian Constitution. These changes impacted various aspects of governance, judiciary, federalism, and individual duties, marking a transformatiRead more
Model Answers
Introduction
The 42nd Constitutional Amendment Act, 1976, also known as the “Mini Constitution,” introduced several significant changes to the Indian Constitution. These changes impacted various aspects of governance, judiciary, federalism, and individual duties, marking a transformative period in India’s constitutional history.
Changes in the Preamble
The Preamble was amended to include the terms “socialist” and “secular,” reflecting a broader vision of India’s values. Additionally, the phrase “unity of the nation” was changed to “unity and integrity of the nation,” emphasizing the importance of national integration. These changes highlighted India’s commitment to social and secular values (Source: Indian Constitution).
Changes in the 7th Schedule
The 42nd Amendment moved several subjects, including “Education” and “Forests,” from the State List to the Concurrent List. This change increased central authority but led to tensions between the central and state governments over legislative matters (Source: Indian Constitution).
Insertion of Fundamental Duties
Article 51A was added, listing ten Fundamental Duties for citizens, reinforcing the idea that rights come with corresponding responsibilities (Source: Indian Constitution).
Judiciary and Fundamental Rights
The Amendment curtailed the power of judicial review, limiting the role of courts in scrutinizing constitutional amendments and strengthening the central government’s authority (Source: Indian Constitution).
Directive Principles of State Policy (DPSPs)
Three new DPSPs were added, enhancing state responsibility towards workers, legal aid, and environmental protection. Additionally, Article 31C gave primacy to DPSPs over Fundamental Rights (Source: Indian Constitution).
Conclusion
The 42nd Amendment Act brought about extensive constitutional reforms, significantly altering India’s political and legal framework, with lasting implications on the balance of power between the central government and states.
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Model Answers Comparison of Judicial Systems: India, USA, and UK The judicial systems of India, the USA, and the UK, though rooted in democratic principles, differ in structure, powers, and scope of authority. India vs. USA In both India and the USA, the Constitution is the supreme law, and the judiRead more
Model Answers
Comparison of Judicial Systems: India, USA, and UK
The judicial systems of India, the USA, and the UK, though rooted in democratic principles, differ in structure, powers, and scope of authority.
India vs. USA
In both India and the USA, the Constitution is the supreme law, and the judiciary has the power of judicial review. However, the scope of judicial review is broader in the USA, allowing its judiciary to review both federal and state laws extensively. India’s judicial review is more limited, focused primarily on constitutional matters and ensuring laws are in alignment with the Constitution.
India operates under the “procedure established by law,” whereas the USA follows “due process of law,” which demands fairness in legal procedures. The Indian Supreme Court holds original jurisdiction mainly in federal matters, while the US Supreme Court has broader jurisdiction, including state and federal cases. Additionally, India’s Supreme Court has the discretion to grant Special Leave to Appeal (Article 136), which the U.S. system does not offer. India also has an advisory jurisdiction (Article 143), absent in the U.S. system (Source: Indian Constitution).
India vs. UK
India’s judicial system is unified, with the Supreme Court overseeing both central and state matters. In contrast, the UK has separate legal systems for England and Wales, Scotland, and Northern Ireland, with the UK Supreme Court acting as the final appellate body. India practices a blend of judicial supremacy and parliamentary sovereignty, whereas the UK operates on parliamentary supremacy, limiting judicial review of parliamentary acts. India has explicit provisions for judicial review in its Constitution, unlike the UK, where judicial review depends on the courts’ discretion (Source: UK Constitution).
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