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Home/indian constitution

Mains Answer Writing Latest Questions

Aroma Nandigam
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Aroma NandigamBegginer
Asked: July 14, 2024In:
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indian constitutionquestion
  1. Unnati Parmar
    Unnati Parmar Begginer

    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enraging 1975-38th and 39th , and most importantly the mini constitution, i.e the 42nd (whose provisions were mostly repealed by the 44th, brought by 1978 Janata Party) amendments.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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Sampreeth Patil
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Sampreeth PatilBegginer
Asked: July 21, 2024In: , , , ,
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constitutional amendmentsconstitutional safeguardsindian constitution
  1. Anita Dhruw
    Anita Dhruw Legend

    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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Megha Langar
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Megha LangarBegginer
Asked: July 21, 2024In: , ,
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What are the major Indian constitutional amendments that made a remarkable impact on women empowerment?

indian constitutionwomen empowerment
  1. Nisha Devgan
    Nisha Devgan Begginer

    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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Anonymous
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Anonymous
Asked: August 1, 2024In:
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State the relationship between the Fundamental Rights and Directive Principles of State Policy .

indian constitutionupsc: bilateral relations
  1. Chhavista Singh
    Chhavista Singh Begginer

    The Constitution, India's Supreme Law, establishes the fundamental framework of the nation's polity, as well as Fundamental Rights and Directive Principles that embody our founding fathers' vision and objectives. The constitution attempts to protect human rights and provide state welfare through FunRead more

    The Constitution, India’s Supreme Law, establishes the fundamental framework of the nation’s polity, as well as Fundamental Rights and Directive Principles that embody our founding fathers’ vision and objectives. The constitution attempts to protect human rights and provide state welfare through Fundamental Rights and DPSP.

    Fundamental rights are basic human rights guaranteed to all citizens under Part III of the Indian Constitution. These are justiciable in nature. DPSP are a collection of guidelines and principles that are described in Part IV with the goal  to establish favorable social and economic circumstances so that people can have fulfilling lives. The link between Fundamental Rights and the DPSPS has been the subject of much discussion, followed by several landmark judgements like the Kesavananda Bharati case (1973) and the Minerva Mills case (1980). It can be summarised as:

    • Directive Principles are affirmative directions, whereas Fundamental Rights are negative or prohibitive in character since they impose constraints on the state.
    • FR foster political democracy, whereas DPSP promotes social and economic democracy. The FR protects natural rights, and the adoption of the DPSP reinforces them even further.
    • The judiciary has frequently taken on a balancing role in situations when the DPSPs and Fundamental Rights seem to be at opposite ends.
    • The Supreme Court of India has declared that Fundamental Rights and DPSPs are compatible, and that the state should seek to attain the goals outlined in the DPSPs while upholding Fundamental Rights.

    FR and DPSP are intended to work together to achieve the constitutional ideal of a just, fair, and equitable society.

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Sampreeth Patil
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Sampreeth PatilBegginer
Asked: July 21, 2024In: , , , ,
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constitutional amendmentsconstitutional safeguardsindian constitution
  1. Anita Dhruw
    Anita Dhruw Legend

    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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Salman Bashir
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Salman BashirBegginer
Asked: July 19, 2024In: ,
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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?

federalismgovernanceindian constitutionpolitical sciencepublic administrationquestion
  1. Nisha Devgan
    Nisha Devgan Begginer

    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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Deven kulsange
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Deven kulsangeBegginer
Asked: July 10, 2024In: , ,
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Q 1. Describe the various constitutional provisions for the protection and development of women and children in India. 200 w

indian constitutionrole of women
  1. Garima Gambhir
    Garima Gambhir Begginer

    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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Deven kulsange
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Deven kulsangeBegginer
Asked: July 10, 2024In:
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Que. Describe the various changes made in the Constitution by the 42nd and 44th Constitutional Amendment Acts. 250w

indian constitution
  1. Paridhi
    Paridhi Begginer

    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.
    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.

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Anupama K
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Anupama KBegginer
Asked: July 26, 2024In:
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What are the two landmark judgements in India in the last ten years? Briefly explain about NOTA judgement in the year of 2013

amendmentsindian constitutionjudiciarynew amendment
  1. Vinni Bihari
    Vinni Bihari Begginer

    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:

    1. 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 biometric identification program, is constitutional but only if it meets certain conditions, including the requirement of consent and the data must be used for the purpose it was collected.
    2. Sabarimala Verdict (2018): In the Indian Young Lawyers Association vs. State of Kerala judgment (2018), the Supreme Court of India lifted the ban on women’s entry into the Sabarimala Temple in Kerala, allowing women of all ages to worship at the temple. The court ruled that this restriction was unconstitutional and violative of Article 14 (equality) and Article 25 (freedom of conscience) of the Indian Constitution.

    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.

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Adhyayn Sen
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Adhyayn SenBegginer
Asked: July 19, 2024In:
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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?

fundamental rightsindian constitutionquestion
  1. Priyanshi Manyura
    Priyanshi Manyura Begginer

    We know that Article 32 of the Indian Constitution is indeed often referred to as the heart and soul of the Constitution mainly for this reason of it fashioning the machine for the realization of the fundamental rights. Here’s its significance: 1. Enforcement Mechanism: Article 32 empowers the peoplRead more

    We know that Article 32 of the Indian Constitution is indeed often referred to as the heart and soul of the Constitution mainly for this reason of it fashioning the machine for the realization of the fundamental rights. Here’s its significance:

    1. Enforcement Mechanism: Article 32 empowers the people to move straight to Supreme Court in case of infringement of their fundamental rights. This way, one is assured that the essence of the basic rights and freedoms has a pragmatic expanse in the systems of law.

    2. Writ Jurisdiction: The article also gives the Supreme Court the power to grant writs of habeas corpus or the unlawful confinement of a person, mandamus, which compels the performance of a public function, prohibition, this bars an inferior court from assuming powers that it does not possess, quo warranto, to affect the validity of a holder’s office, and certiorari, for the review of lower court’s decisions. These writs are some of the powerful orders of the law that can be used to vindicate rights and compel lawful behavior.

    3. Judicial Oversight: Article 32 merely underlines the fact that the Supreme Court will always be there to safeguard the citizens fundamental rights whenever these rights appear to have been violated.

    4. Constitutional Remedy: This it emphasizes the point that the fundamental rights are not mere visionary goals and objectives, do not come with just window dressing but do have the legal backing; and that makes the protection of these rights more concrete and stronger.

    Therefore, Article 32 can be regarded as a foundation of the Indian Constitution’s obligations in terms of protecting individuals’ rights and justice, as it contributes an efficient mechanism for enforcing the fundamental rights proactive.

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