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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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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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Priyanka LuthraBegginer
What impact will the anti-defection statute (Tenth Schedule) have on Indian party politics and legislative stability?
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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