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Most controversial amendment
The 42nd Amendment of the Indian Constitution is possibly the most disputed. This is why: Passed during Emergency: Seen as an effort to concentrate power in the ruling party's grasp, it was legislated in 1976 throughout the Emergency period declared by Indira Gandhi. Restricted in legal powers: theRead more
The 42nd Amendment of the Indian Constitution is possibly the most disputed.
This is why:
Passed during Emergency: Seen as an effort to concentrate power in the ruling party’s grasp, it was legislated in 1976 throughout the Emergency period declared by Indira Gandhi.
Restricted in legal powers: the amendment severely limited the powers of the judiciary—particularly those of the Supreme Court—not to review and thus invalidate the laws passed by Parliament.
Having vested power in the center changed the balance of power from that of the states to the center, therefore weakening India’s federal system structure.
The amendment limited the range of the fundamental rights, especially regarding the right to property.
See lessINDIA VS BHARAT
Progress in Indian society benefits from Preamble functions in the Indian Constitution. Any progressive society requires foundational values including justice alongside liberty and equality and fraternity. As a conceptual beacon it guides policy development and legislative action because it states nRead more
Progress in Indian society benefits from Preamble functions in the Indian Constitution. Any progressive society requires foundational values including justice alongside liberty and equality and fraternity. As a conceptual beacon it guides policy development and legislative action because it states national aspirations. The Preamble provides three core elements through its emphasis on social justice and economic fairness and political equality and freedom because they form instructions to combat national inequality and expand inclusivity.
The Preamble tackles this debate directly through its statement “India, that is Bharat, shall be a Union of States.” The official proclamation makes each name equivalent without distinction. The Preamble acts as an introduction to help stop delays that promote seclusion. The names “India” parallel “Bharat” because they both direct toward a unified nation which shares its cultural background and collective destiny. When we direct attention to Preamble values we can merge into shared national purpose instead of contentious name arguments. Through the Preamble’s acknowledgment of fraternity combined with its emphasis on individual dignity controversies stemming from the naming debate can find resolution.
The Preamble maintains a unified discourse which unites all Indians regardless of their chosen designation for the country. The fundamental principles explain the national unity objectives while offering a framework to construct an equitable and just progressive nation.
See lessArticles
Introduction The state legislature is a part of the machinery of government as provided by the Constitution of India. Its task is to write the laws of the state, to make sure that the machinery of governance runs in accordance with democracy and the rule of law. The Constitution describes how the goRead more
Introduction
The state legislature is a part of the machinery of government as provided by the Constitution of India. Its task is to write the laws of the state, to make sure that the machinery of governance runs in accordance with democracy and the rule of law. The Constitution describes how the government is intended to work in India by describing how state legislatures are constructed and what their powers are. This article will dissect these provisions in the Constitution to help contextualize how state legislatures are structured and the parameters of the arrangement.
Organization and Composition
Article 168 of the Constitution lays down how state legislatures will be structured. It allows for a bicameral (two chambers) system or unicameral (one chamber) system, depending on the each states discretion. With the exception of Andhra Pradesh, Bihar, Jammu and Kashmir, Karnataka, Maharashtra, Telangana and Uttar Pradesh, all states in India have unicameral legislatures.
Unicameral Legislature — one house, the Legislative Assembly
2 Houses — Program: Bicameral Legislature — Legislative Assembly and Legislative Council.
Article 171 Eligibility for the membership of State legislature Candidate must be an Indian national and over 25 for the Legislative Assembly or over 30 for the Legislative Council. They also have to meet other qualifications set by the state, and they cannot hold a paid governmental position.
Duration
As per Article 172, the state legislature has a five-year term, which means that the Legislative Assembly generally runs for this period, unless it is dissolved before that. This can be extended by one year at a time, if the state are under the President’s Rule, as per Article 356, but only up to a total of three years. In contrast, the Legislative Council is a permanent body and does not dissolve. Instead, every other year, one-third of its membership retires and elections are held to replace them.
Officers
As there are rules for many legislative meetings, the state legislature’s officers are important. In the Legislative Assembly, these are the Speaker and Deputy Speaker. In the Legislative Council they are the president and vice president.
Speaker and Deputy Speaker: Contributors of Legislative assembly go with a Speaker and a Deputy Speaker by means of the provisions of Article 178. The Speaker presides over assembly meetings and the Deputy Speaker assists him and acts on his behalf when the Speaker is not able to act.
Chairman and Deputy Chairman: Article 179 members of the Legislative Council elect a chairman and a Deputy Chairman. Chairman: Presides over Council conferences; the Deputy Chairman assists and fills in if the Chairman is unavailable.
Privileges and Powers
The state legislature has forms and oversight powers to keep an independent and honest legislative course. Article 194 of the Constitution gives these privileges and powers just like that of Parliament.
Entitlements: Members are entitled to certain protections to conduct their functions without fear. These include the right to speak freely during legislative meetings, protection from being sued for what they say there, and access to information and resources that they may need.
Powers: It can legislate on matters in the Seventh Schedule of the Constitution under the State List and the Concurrent List. Article 246 describes the subject matters over which the respective governments will legislate. The state parliament can also amend the state’s constitution, but to a lesser extent than the Union Parliament.
Addition of Provisions for Officers of the State Legislature
Removal of Officers: The procedure for removal of Speaker, Deputy Speaker, Chairman and Deputy Chairman is provided in Articles 178 and 179. They may be expelled by a majority vote of house members, with at least one-tenth of members qualifying in favor of the resolution.
Salaries and Allowances: Article 174 mentions the state legislature is responsible for determining the remuneration and allowances for the Speaker, Deputy Speaker, Chairman, and Deputy Chairman, all of which are financed from the state’s Consolidated Fund.
State Legislature: The Powers of the State Legislature
The state legislature has all necessary powers for governing the state, per the Constitution:
Law-Making Powers: The state legislature can make laws on subjects in the State List and Concurrent List under Articles 246 and 248 of the Constitution, except for subjects allocated to the Union Parliament.
Financial Powers: Articles 202 and 203 define financial powers of the state legislature, including approving the state budget, deciding on taxes and permitting government spending.
Executive Oversight: State legislature manages executive branch by approving budget, questioning ministers and passing vote of no confidence which can lead to government stepping down.
Constitutional Amendments: According to Article 368, the state legislature can amend the state constitution by following prescribed procedures in consonance with the Constitution.
Conclusion
The state legislature is an important institution that handles the work of the state in India. It has a well-defined method by which it will work, including its structure, composition, tenure, officers, privileges and powers, and this is how it gets its name, the Constitution. These provisions are useful to know for anyone interested in learning how laws are made and how states are, in turn, governed, in India.
See lessconstitution
India's constitutional reservation system, designed to uplift historically marginalized communities like Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs), profoundly impacts the political landscape and social dynamics. Politically, it has led to the rise of caste-basRead more
India’s constitutional reservation system, designed to uplift historically marginalized communities like Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs), profoundly impacts the political landscape and social dynamics. Politically, it has led to the rise of caste-based parties and leaders who advocate for the rights of these groups. This system has shifted political power from dominant castes to those previously marginalized, fostering greater representation in legislatures and public offices.
Socially, the reservation system has facilitated increased access to education, employment, and political participation for disadvantaged communities, contributing to their socioeconomic advancement. However, it has also sparked debates and tensions among different caste groups, particularly concerning the perceived fairness and effectiveness of the system. Some argue that reservations perpetuate caste identities and social divisions, while others see them as essential for achieving true equality in a deeply stratified society.
The system’s impact is dual-edged: while it has empowered millions and helped address historical injustices, it has also led to competitive caste politics and sometimes exacerbated social tensions, reflecting the complex interplay between affirmative action and societal harmony.
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 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 lessFundamental Rights
The Kesavananda Bharati v. State of Kerela (1973) is a landmark legal case in India that questioned the Fundamental Right to Property as per constitutional reforms. It significantly influenced the interpretation of fundamental rights and the state's power in land ownership. Due to limitations on lanRead more
The Kesavananda Bharati v. State of Kerela (1973) is a landmark legal case in India that questioned the Fundamental Right to Property as per constitutional reforms. It significantly influenced the interpretation of fundamental rights and the state’s power in land ownership.
Due to limitations on land ownership brought about by the Kerala Land Reforms Act of 1963, Kesavananda Bharati challenged the act because it violated his fundamental rights. The purpose of this measure was to reduce economic disparities.
The debates focused on how the Indian Constitution protects fundamental rights.
The Basic Structure Doctrine was established by the Supreme Court’s historic decision in the Kesavananda Bharati case. This doctrine permits Parliament to amend the Constitution while upholding fundamental elements such as the separation of powers, democratic governance, secularism, and the supremacy of the Constitution. This decision maintains India’s democracy by striking a balance between responsibility and authority.
The ability of Parliament to amend the Constitution was strengthened, enabling it to limit specific Fundamental Rights to meet social demands. This emphasizes the importance of evolving governance.
The Supreme Court established the ‘Basic Structure Doctrine’, which restricts Parliament’s ability to modify the Constitution while maintaining its basic elements. This serves as a crucial check on the power of the legislature.
The decision demonstrates the Supreme Court’s ability to interpret the law imaginatively, thereby shielding democracy from possible parliamentary overreach.
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 lessPrimary objective of the First Indian Amendment Act
The primary objective of the First Amendment Act, 1951, in India was to curtail certain fundamental rights guaranteed under the Constitution. It aimed to amend Article 19 to impose restrictions on freedom of speech and expression, freedom to assemble peacefully, and freedom to form associations or uRead more
The primary objective of the First Amendment Act, 1951, in India was to curtail certain fundamental rights guaranteed under the Constitution.
It aimed to amend Article 19 to impose restrictions on freedom of speech and expression, freedom to assemble peacefully, and freedom to form associations or unions.
These amendments were primarily driven by concerns over national security and public order in the aftermath of Partition and the challenges of nation-building.
Key provisions of the First Amendment Act, 1951, included:
1. Imposition of Reasonable Restrictions: It added clauses to Article 19 that allowed the state to impose “reasonable restrictions” on freedom of speech and expression, freedom to assemble peacefully, and freedom to form associations or unions in the interest of sovereignty and integrity of India.
2. Land Reform Laws: The Act inserted Article 31A and Article 31B to validate land reform laws that sought to abolish intermediaries and redistribute land to the tillers.
3. Validation of Certain Acts: It validated certain laws that had been challenged on grounds of infringing fundamental rights, thereby securing legal backing for legislative measures deemed essential for governance and societal stability.
See lessPrimary objective of the First Indian Amendment Act
The primary objective of the First Amendment Act of 1951 was to address the challenges posed by certain Supreme Court judgments that had curtailed the state's power to enact laws for public welfare and order. The government sought to balance the fundamental rights of citizens, particularly freedom oRead more
The primary objective of the First Amendment Act of 1951 was to address the challenges posed by certain Supreme Court judgments that had curtailed the state’s power to enact laws for public welfare and order. The government sought to balance the fundamental rights of citizens, particularly freedom of speech and expression, with the state’s imperative to maintain public order and harmony. To achieve this, the amendment introduced several key provisions. It expanded the grounds for restricting freedom of speech to include public order, friendly relations with foreign states, and incitement to crime. Additionally, it validated land reform laws by adding them to the Ninth Schedule, shielding them from judicial scrutiny. The amendment also empowered the state to make special provisions for socially and economically backward classes, affirming the principle of affirmative action. These changes aimed to strengthen the state’s capacity to govern effectively while upholding the core principles of the Constitution.
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