What effects will the ruling by the Supreme Court of India that the right to privacy is a Fundamental Right under Article 21 of the Constitution have on the delicate balance that exists between individual freedoms and state ...
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.
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Article 356 also known as President's Rule allows the President to assume control of a state's government in case of constitutional breakdown. Significant for maintaining national integrity and stability, it ensures center state harmony while safeguarding federal principles.The reduced frequency ofRead more
Article 356 also known as President’s Rule allows the President to assume control of a state’s government in case of constitutional breakdown. Significant for maintaining national integrity and stability, it ensures center state harmony while safeguarding federal principles.The reduced frequency of using Article 356 (President’s Rule) by Union Governments since the mid 1990s can be attributed to the following legal and political factors.
Legal factors –
Political factors –
- Coalition politics necessitates consensus building and compromise, discouraging unilateral imposition of President’s Rule (Article 356) by the central government.
- Federal Front Politics refers to regional parties collective influence, constraining the central government’s ability to impose President’s Rule (Article 356).
- Political accountability, a key factor in reducing Article 356’s use, ensures governments are responsible for their actions, facing scrutiny and consequences.
- State level politics, fueled by strong regional leaders and parties, resist central intervention, reducing arbitrary imposition of President’s Rule (Article 356) .
- Changes in political culture, such as increased consensus building and dialogue have reduced arbitrary use of Article 356 .
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