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How can we effectively safeguard a constitution against amendments that might undermine fundamental rights
It will have a multi-faceted approach to safeguarding a constitution against amendments that may undermine the basic rights. Some of the key strategies include: Constitutional Safeguards Rigid Constitution: The rigidity of a constitution can be enhanced by making amendments in the constitution by spRead more
It will have a multi-faceted approach to safeguarding a constitution against amendments that may undermine the basic rights. Some of the key strategies include:
Constitutional Safeguards
Rigid Constitution: The rigidity of a constitution can be enhanced by making amendments in the constitution by special majority or through a referendum. This makes it difficult to change fundamental rights.
Judicial Review: A strong and independent judiciary can review the constitutionality of laws and amendments, thus not violating the fundamental rights.
-Fundamental Rights: The constitution can be difficult to amend in a way that erodes fundamental rights if they are clearly defined and protected.
Public Awareness and Participation:
-Civic Education: Educating the public about the importance of fundamental rights and the role of the constitution in protecting them.
-Active Citizenry: Encouraging citizens to participate in public discourse and hold governments accountable for upholding constitutional values.
-Civil Society Organizations: Supporting civil society organizations that monitor government actions and advocate for human rights.
Institutional Mechanisms:
Independent Commissions: Setting up independent commissions to oversee the implementation of fundamental rights and investigate violations.
Parliamentary Committees: Strengthening parliamentary committees to scrutinize legislation and government policies that may affect fundamental rights.
Media Freedom: Protecting media freedom to ensure independent reporting and public scrutiny.
Combining these strategies can, therefore, be effective in protecting a constitution as well as taking care of fundamental rights from degradation to build a just and fair society.
See lessHow can we effectively safeguard a constitution against amendments that might undermine fundamental rights
The constitution replies on a model of structural, procedural and societal safeguarding so as to prevent comprehensible constitutional tampering that may render fundamental rights insecure and thus constitutional amendments do meet the requirements of the justice, equality, and human dignity. 1. EntRead more
The constitution replies on a model of structural, procedural and societal safeguarding so as to prevent comprehensible constitutional tampering that may render fundamental rights insecure and thus constitutional amendments do meet the requirements of the justice, equality, and human dignity.
1. Entrenchment Clauses: Some enlightenment to the above is that the constitution may contain provisions known as ‘eternity clauses’ that protect constitutions from alteration or repeal. For example, the basic law in Germany allows mostly justified prohibitions against changes to certain rights, tasks, and powers of the Federation and the Länder; against alterations in the principles of the division of powers between the Federation and the Länder; and against violation of human dignity.
2. Supermajority Requirements: Supermajority in the legislature means the decision enjoys the support of more than two thirds before changes are made. This rules out the possibility of a small majority to change basic rights at will.
3. Referendums: Assuming that some of the changes alter the basic rights of the citizens then those amendments must go to a referendum should pass through a test to enhance public acceptance.
4. Judicial Oversight: To be a guardian, the constitution court or supreme court may have the duty to look at the amendments proposed to the people in order to prevent the violation of the basic principles of the constitution.
5. Civic Engagement and Education: An educated and active populace is a good defense. Promoting constitutionalism helps citizens to develop the capacity to distinguish the violation of rights in order to prevent them.
6. Independent Institutions: Parliamentary and administrative ombudsmen, human rights commissions and independent free media can observe and prevent efforts that seek to erode those rights and hence enhance the constitution.
All these put together provide a strong basis for the defense of human rights from detractors on one aspect of liberal democracy.
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 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.
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 lessHow can we effectively safeguard a constitution against amendments that might undermine fundamental rights
Effectively safeguarding a constitution against amendments that could undermine fundamental rights requires a combination of legal, institutional, and societal measures: Strong Fundamental Principles: Ensure that fundamental rights are enshrined as core principles that cannot be amended easily or wiRead more
Effectively safeguarding a constitution against amendments that could undermine fundamental rights requires a combination of legal, institutional, and societal measures:
By implementing these measures, a constitution can be fortified against amendments aimed at undermining fundamental rights, ensuring its enduring protection and relevance in safeguarding democratic principles and individual liberties.
See lessIndian constitutional amendment, women empowerment
The Indian written constitution acts as an armour in ensuring rights for females inside the country. Several changes made to the Indian constitution also played a vital role in empowering women. Here are some significant amendments: 73rd Amendment Act (1992): reserved one-third of seats for wRead more
The Indian written constitution acts as an armour in ensuring rights for females inside the country. Several changes made to the Indian constitution also played a vital role in empowering women. Here are some significant amendments:
Thus, collectively, these amendments are motivated by women’s empowerment and rights.
See lessBalancing Power: Federalism in the Indian Constitution and Its Challenges
Federalism, in simple terms, refers to the division of powers and responsibilities between the different forms of government. In the context of India, the terms show little variation. Instead of a complete separation of powers and responsibilities, certain powers are vested in both the central and sRead more
Federalism, in simple terms, refers to the division of powers and responsibilities between the different forms of government. In the context of India, the terms show little variation. Instead of a complete separation of powers and responsibilities, certain powers are vested in both the central and state governments. Thus, we could say that Indian federalism is cooperative federalism. To understand this better, one must know that the Seventh Schedule of the Constitution guarantees the division of powers between state and centre. Although the constitution doesn’t directly refer to the federal governance structure, the Seventh Schedule divides powers between the Union and states through three lists: the Union List (centre subjects), the State List (state subjects), and the Concurrent List (the central and state governments) (subjects). Thus, Indian federalism is a unique blend of federalism and unitarianism, thus safely referred to as a quasifederal system. This may sound impressive, but it does come with challenges.
See lessEvaluate Granville Austin's critique of the Indian Constitution.
Granville Austin's critique of the Indian Constitution highlights its pragmatic approach to accommodating diverse needs while ensuring stability. He praised the Constitution for its ability to reconcile the demands of democracy with the realities of a deeply plural society. Austin noted its flexibilRead more
Granville Austin’s critique of the Indian Constitution highlights its pragmatic approach to accommodating diverse needs while ensuring stability. He praised the Constitution for its ability to reconcile the demands of democracy with the realities of a deeply plural society. Austin noted its flexibility and foresight in addressing social and economic inequalities, while also acknowledging its potential pitfalls, such as the over-centralization of power and bureaucratic complexities. He argued that the Constitution’s design, although robust, often faced challenges in implementation due to political and administrative constraints. Overall, Austin’s critique underscores the Constitution’s strengths in laying a foundation for democratic governance while pointing out areas requiring ongoing reform and adaptation.
See lessFundamental Rights in Indian Constitution
Article 32 of the Indian Constitution plays a crucial role in guaranteeing the upholding of citizens' constitutional remedies and the enforcement of their fundamental rights. Often referred to as the "heart and soul" of the Constitution, this article holds immense significance in the Indian legal anRead more
Article 32 of the Indian Constitution plays a crucial role in guaranteeing the upholding of citizens’ constitutional remedies and the enforcement of their fundamental rights. Often referred to as the “heart and soul” of the Constitution, this article holds immense significance in the Indian legal and political landscape.
In essence, Article 32 of the Indian Constitution serves as the bedrock for the protection and enforcement of fundamental rights, ensuring that the promise of a just and equitable society enshrined in the Constitution is realized in practice. It has been a vital tool in the hands of the judiciary to safeguard the rights and freedoms of Indian citizens against potential infringement by the state.
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