Q 1. Describe the various constitutional provisions for the protection and development of women and children in India. 200 w
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What is the significance of Article 32 of the Indian Constitution, often referred to as the “heart and soul” of the Indian Constitution, in ensuring the enforcement of fundamental rights and the protection of citizens’ constitutional remedies?
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Deven kulsangeBegginer
Que. Describe the various changes made in the Constitution by the 42nd and 44th Constitutional Amendment Acts. 250w
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The 42nd Amendment Act of 1976 brought various comprehensive changes in the constitution of India and therefore is also known as the "mini constitution" of India. The key changes brought by the 42nd Amendment Act, 1976 includes- 1) The words 'socialist', 'secular' and 'integrity' were added to the PRead more
The 42nd Amendment Act of 1976 brought various comprehensive changes in the constitution of India and therefore is also known as the “mini constitution” of India.
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The key changes brought by the 42nd Amendment Act, 1976 includes-
1) The words ‘socialist’, ‘secular’ and ‘integrity’ were added to the Preamble.
2) It introduced Fundamental Duties (Article 51A) in part IV-A of the constitution.
3) The scope of Directive Principles of State Policy was widened.
4) The power of Judicial Review within the Supreme court and High courts were restricted.
5) Article 368 was amended, courts were no longer allowed to challenge the constitutionality of amendments.
6) Emergency provisions were altered and the President’s powers to declare and extend emergencies were broadened.
7) ‘Concurrent list’ was introduced and various subjects of the State list were shifted to concurrent list.
8)This amendment provided reservation to SC’s and ST’s in legislative bodies.
9) Provision was added for the creation of an administrative tribunal in relation to public services.
10) The tenure of lok sabha and state legislative assemblies increased from 5 to 6 years.
To nullify various provisions of 42nd Amendment Act, the 44th Amendment Act of 1978 was enacted which brought the following changes-
1) It restored the importance of Fundamental Rights.
2) The power of Judicial Review was restored.
3) It declared the grounds for emergencies (Article352) i.e. war, external aggression or armed rebellion.
4) Check on the president’s power during the emergency was revived.
5) Right to property was removed as a fundamental right and was made a legal right.
6) It also removed censorship from the media to report activities of parliament.
Aroma NandigamBegginer
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Article 368 of the Indian Constitution clearly states the powers of elected parliament to amend the constitution and amendment procedure. ARTICLE 368 (1) Notwithstanding anythinRead more
Article 368 of the Indian Constitution clearly states the powers of elected parliament to amend the constitution and amendment procedure.
ARTICLE 368 (1) Notwithstanding anything in this Constitution, Parliament may in exercise of its constituent power amend by way of addition, variation or repeal any provision of this Constitution in accordance with the procedure laid down in this article.
Since Independence, India has seen major parliamentary changes and constant amendment of the Constitution. Some historic amendments involve the 7th, 25th, the enraging 1975-38th and 39th , and most importantly the mini constitution, i.e the 42nd (whose provisions were mostly repealed by the 44th, brought by 1978 Janata Party) amendments. Let us look at the 73rd and 74th amendments of 1992.
The 73rd and 74th Constitutional Amendments was brought by the Indian National Congress (Prime Minister- P.V. Narasimha Rao).
73rd Amendment- The key changes involved the constitutional guarantee of Panchayati Raj in India. This provision provided rights, powers, status and legitimacy to the village-level self-governance in our country. For the same, schedule XI (11th schedule) and part IX- Articles 243; 243 A to 243 O were added.
74th Amendment- After the guarantee of Panchayati Raj, the 74th Amendment provided status to Municipality in India. This provision gave sanctity to block and city-level governance. It assigned powers and roles, along with limits to municipal governments. For the same, schedule XII (12th schedule) and part IX- A- Articles 243 P to 243 ZG were added.
These changes helped shape the Indian executive in the 21st century decades to follow. Thus, we see the significance of the 73rd and 74th amendments in Indian history.
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How do the principles of federalism in the Indian Constitution balance power between the central and state governments, and what are the key challenges faced in maintaining this balance?
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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.
- The intricate balance between centralization and regionalism poses challenges.
- A powerful central authority may be perceived as encroaching, while robust regional movements can jeopardise national unity. For example, the revocation of Article 370 without the consent of Jammu and Kashmir’s legislature is a prime example of this dilemma.
- Regional dissatisfaction which stems from calls for autonomy, such as those from the Bodos and Gorkhas.
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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.
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What are the major Indian constitutional amendments that made a remarkable impact on women empowerment?
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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:
- 73rd Amendment Act (1992): reserved one-third of seats for women in rural local bodies, empowering women at the grass-roots level.
- 74th Amendment Act (1992): Reserved one-third seats for women in urban local bodies, thus ensuring their involvement.
- 86th Amendment Act (2002): Made education a fundamental right and thus indirectly empowered women through girls’ education.
- 102nd Amendment Act (2018): Provided constitutional status to the National Commission for Backward Classes (NCBC) on issues concerning social and educational backwardness, among other issues faced by backward classes, including women.
- 103rd Amendment Act (2019): Offers 10% reservation for economically weaker sections (EWS) in higher educational institutions and government jobs, thereby benefiting many poor girls from needy homes.
- 128th Amendment Bill 2023: Reserves one-third of seats in the Lok Sabha, State Legislative Assemblies, and the Legislative Assembly of the National Capital Territory of Delhi for women.
Thus, collectively, these amendments are motivated by women’s empowerment and rights.
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Sampreeth PatilBegginer
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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.
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Sampreeth PatilBegginer
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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.
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Sampreeth PatilBegginer
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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:
- Strong Fundamental Principles: Ensure that fundamental rights are enshrined as core principles that cannot be amended easily or without stringent procedures. This might include requiring a supermajority vote, a referendum, or judicial review to amend certain rights.
- Separation of Powers: Establish a robust system of checks and balances where the judiciary has the authority to review and strike down amendments that violate fundamental rights. This requires an independent judiciary that is capable of interpreting the constitution impartially.
- Public Awareness and Education: Foster a culture of constitutionalism where citizens understand and value their fundamental rights. Educated and engaged citizens are more likely to resist attempts to undermine constitutional rights through amendments.
- International Standards and Commitments: Align constitutional provisions with international human rights standards and treaties, which can provide additional protection and norms against retrogressive amendments.
- Political Consensus Building: Encourage broad political consensus on the importance of protecting fundamental rights. Political parties and leaders should prioritize the constitution’s integrity over short-term gains.
- Amendment Safeguards: Implement procedural safeguards such as requiring amendments to undergo rigorous scrutiny, public consultation, and possibly time delays to prevent hasty changes that could harm fundamental rights.
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.
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Numerous articles proposed to boost and ensure girls and minors are granted permission under the Indian Constitution. These paragraphs safeguard their rights and advance their prosperity. The following are a few noticeable points: Right to Equality (Article 14): It guarantees that babies and women hRead more
Numerous articles proposed to boost and ensure girls and minors are granted permission under the Indian Constitution. These paragraphs safeguard their rights and advance their prosperity. The following are a few noticeable points:
Right to Equality (Article 14): It guarantees that babies and women have unchanging permissible rights.
Prohibition of Discrimination (Article 15): It is illegitimate to fool girls and juveniles on the footing of their race, myth, social class, sexuality, or place of beginning. Women and infants were granted permission to catch bias from the United States of America.
Equal potential (Article 16): This guarantees that all crowds, containing wives, have an equal approach to task potential.
Right to Education (Article 21A): All toddlers between six and fourteen are labeled to free and binding instruction.
Protection Against Exploitation (Article 23): Outlaws forced work, containing offspring labor, and human dealing.
Prohibition of Child Labor (Article 24): Under 14-period-olds are not within the allowed limits to introduce mines, laboratories, or additional hazardous tasks.
Promotion of Interests (Article 39): The State is necessary to confirm that minors’s sensitive age and the fitness and substance of laborers, either male or female, are not harmed. Equal rectification for equal work is another of Allure’s main aims for two together people of a community.
Maternity Relief (Article 42): The State concedes the possibility deal with the supply of a period of being pregnant with child remedy as well as fair and appropriate occupied environments.
Fundamental Duties (Article 51A): It is the blame of villagers to give up conduct that belittles the value of mothers and to specify juveniles’ approach to instruction.
Together, these constitutional provisions safeguard daughters’s and teenagers’s rights, advancing their progress and happiness in India.
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