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Home/upsc: features of indian constitution

Mains Answer Writing Latest Questions

Devesh Kumar
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Devesh KumarBegginer
Asked: June 5, 2024In:
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Describe the significance of a constitution for a democratic nation such as India.(Answer in 200 words)

upsc: features of indian constitution
  1. S. Alina Aimol
    S. Alina Aimol Begginer

    In India, the Constitution is the “supreme law of the land” and there is nothing beyond it . It places effective restrictions on the authority of the state in the interest of the individual’s liberty. With the absence of the constitution, constitutional disputes between different branches of the govRead more

    In India, the Constitution is the “supreme law of the land” and there is nothing beyond it . It places effective restrictions on the authority of the state in the interest of the individual’s liberty.
    With the absence of the constitution, constitutional disputes between different branches of the government cannot be resolve. Thus, effective decision making and the continuity of political struggle can only ensured with its presence.
    It reflects the expresses the ideals and aspirations of the people . These provisions are reflected in the preamble , oaths and mottos, and other symbols that are defined in our Constitution.
    Therefore, a democratic nation like India needs a Constitution for the doctrine of limited government and to safeguard the rule of law .

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Prateek
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PrateekLearner
Asked: June 5, 2024In:
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Describe the idea of the division of powers. Which clauses in the Indian Constitution demonstrate the division of powers? (Answer in 200 words)

upsc: features of indian constitution
  1. Kusum pandey
    Kusum pandey Begginer
    This answer was edited.

      Concept of Separation of Powers and Provisions in the Indian Constitution    Separation of Powers is a principle wherein the government is divided into three distinct branches: the Legislature, the Executive, and the Judiciary. Each branch has separate and independent powers and areas ofRead more

     

    Concept of Separation of Powers and Provisions in the Indian Constitution 

     

    Separation of Powers is a principle wherein the government is divided into three distinct branches: the Legislature, the Executive, and the Judiciary. Each branch has separate and independent powers and areas of responsibility to ensure no single branch holds excessive power. This framework promotes a system of checks and balances, preventing any branch from usurping complete control.

     

    • Legislature: This branch is responsible for making laws. In India, this role is performed by the Parliament, which consists of the Lok Sabha (House of the People) and the Rajya Sabha (Council of States).

     

    • Executive: This branch is tasked with implementing and administering laws. In India, the executive is led by the President, followed by the Prime Minister and the Council of Ministers.

     

    • Judiciary: This branch interprets the laws and ensures they are in accordance with the Constitution. The Supreme Court, High Courts, and other subordinate courts carry out judicial functions in India.

     

    Provisions in the Indian Constitution Reflecting Separation of Powers

    The Indian Constitution, while not explicitly mentioning the term “separation of powers,” embeds the principle through various articles and provisions:

     

    • Article 50: This article directs the state to separate the judiciary from the executive in the public services of the state. This provision ensures judicial independence and prevents executive interference in judicial matters.

     

    • Article 123: This article empowers the President to promulgate ordinances during recesses of Parliament, showcasing the executive’s power to make temporary laws. However, these ordinances must be approved by Parliament within six weeks of its reassembly, reflecting legislative oversight.

     

    • Article 13: This article declares that any law inconsistent with or in derogation of the Fundamental Rights shall be void. It establishes the judiciary’s power to review and strike down such laws, ensuring legislative and executive actions conform to the Constitution.

     

    • Article 74: This article states that the President shall act in accordance with the advice of the Council of Ministers, highlighting the interconnected nature of the executive and legislature.

     

    Example to Illustrate the Concept

    Consider a scenario in a school:

     

    • The Principal (Executive) is responsible for implementing the school’s policies and ensuring they are followed.
    • The School Council (Legislature) creates new policies and rules for the school.
    • The Teachers (Judiciary) interpret the rules, ensure students follow them, and resolve disputes or discipline students when necessary.

    Each entity operates independently within its domain, ensuring a balance of power and effective governance within the school.

     

    Conclusion

    The separation of powers is a cornerstone of democratic governance, ensuring that power is not concentrated in any single branch and that each branch can check the others. The Indian Constitution incorporates this principle through various provisions, thereby upholding the rule of law and protecting the rights of its citizens.

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Aliya Sharma
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Aliya SharmaBegginer
Asked: July 1, 2024In:
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Since the Indian Constitution’s creation, it has been difficult to reconcile Fundamental Rights with the Directive Principles of State Policy (DPSPs). Discuss using the pertinent case law as a guide. (Answer in 150 words)

upsc: features of indian constitution
  1. Sharqa Tabrez
    Sharqa Tabrez Begginer

    Fundamental Rights (FRs) and Directive Principles of State Policy (DPSP) lay down the framework for regulating the relationship between the citizen and the state. Fundamental Rights are the most basic rights which the Constitution guarantees to its people by making them justiciable, while DPSPs (whiRead more

    Fundamental Rights (FRs) and Directive Principles of State Policy (DPSP) lay down the framework for regulating the relationship between the citizen and the state. Fundamental Rights are the most basic rights which the Constitution guarantees to its people by making them justiciable, while DPSPs (which are non-justiciable) act as a guide for law and policy formulation by the government.

    The question of reconciling the two arises in the context of several amendments made by the Parliament to override the fundamental rights and the consequent judicial review by the Supreme Court.

    • The Supreme Court, in the Champakam Dorairajan case (1951),held that Fundamental Rights would prevail over the DPSPs in case a conflict arises between the two. However, the Fundamental Rights are amendable.
      • The Parliament enacted the First, Fourth and the Seventeenth Constitutional Amendment Acts in order to implement some DPSPs which curtailed the Fundamental Rights.
    • These amendments were challenged in the IC Golaknath case (1967). The Supreme Court, partly overruling its decision in Champakam Dorairajan, held that Fundamental Rights are ‘transcendental’ and ‘sacrosanct’. They cannot be amended to implement DPSPs even by way of a constitutional amendment act as it would violate Article 13 (which provides that no law shall be made in contravention of the Fundamental Rights mentioned under Part III of the Constitution).
      • In order to circumvent the IC Golaknath decision, the Parliament enacted that 24th and the 25th Constitutional Amendment Acts.
    • The question was finally settled by the thirteen judge bench of the Supreme Court in the Keshwananda Bharti v State of Kerela case (1973). The Court held that both Fundamental Rights and DPSPs reflect the conscience of the Constitution. There is no antithesis between them and one supplements the other.
    • This position was reiterated by the Supreme Court in the Ashok Kumar Thakur case (2008) wherein it was held that there is no distinction between Fundamental Rights and DPSPs. While Fundamental Rights are political and civil rights, DPSPs are social and economic rights. None is subordinate to the other.

    Therefore, the present position in law is that both, Fundamental Rights and DPSPs, must be harmoniously construed. No question arises about one prevailing over the other.

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Prateek
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PrateekLearner
Asked: June 5, 2024In:
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Although the Constitution of India incorporates elements from the constitutions of multiple other nations, it still stands out as a distinctive document. Discuss. (Answer in 200 words)

upsc: features of indian constitution
  1. [Deleted User]
    [Deleted User]

    As we all are aware of the fact that before the making of the Indian Constitution there were a lot of details that was taken care. The makers wanted to get the best constitution for the people as per the country’s standard. So, a bits and pieces were collectively used of various countries for the InRead more

    As we all are aware of the fact that before the making of the Indian Constitution there were a lot of details that was taken care. The makers wanted to get the best constitution for the people as per the country’s standard. So, a bits and pieces were collectively used of various countries for the Indian Constitution.
    For your reference, under the Government of India Act 1935, the provisions that were borrowed from the countries were the Britain, United States, Canada, Germany, Australia, France, South Africa, the USSR, Japan, and many more.
    The making of the Indian Constitution didn’t happen overnight, the Drafting committee where Dr. B.R. Ambedkar the chairman and other took approximately 2 years, 11 months and 18 days to the precise.
    Talking about the committee the member not just took the provisions from the other countries but gave keen and precise detailing weather the laws they were going to incorporate will be suitable for the people of India or not.
    The alignment for the country was based on the country’s diversity.

    The constitutional power relied only upon one supreme law and making sure to be a unified state.

    The social and economic goals decides a lot about a country. Therefore, the makers have special added a chapter on it to create a smooth path for the people.
    India is a diverse country with various religions and communities. So, to have a liberal mindset among the people, secularism has been implemented where everyone is equal.

    Amendments are used to make any change or difference. It allows people to feel secured in their needs.

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Prateek
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PrateekLearner
Asked: June 5, 2024In:
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What does the term “rule of law” mean to you? Describe how the Indian Constitution embodies this concept. (Answer in 200 words)

upsc: features of indian constitution
  1. Debdatta Das
    Debdatta Das Begginer

    The rule of law basically means that everyone is subject to law including the government of any country and India to be precise . It is one of the  fundamental principle of  constitution of India . The emphasizes on the factors like equality before law wherein everyone including the government and tRead more

    The rule of law basically means that everyone is subject to law including the government of any country and India to be precise . It is one of the  fundamental principle of  constitution of India . The emphasizes on the factors like equality before law wherein everyone including the government and the law makers should be equal in before law , protection of individual rights wherein every individual should be equally treated before the law . Accountability of the government and the private sectors before law . The constitution of India has documented certain articles upholding the RULE OF LAW they are Article 13 and 14 which defines the doctrine pf law and guarantees of equality before law and equal protection of law . The preamble of constitution of India is also upholds it .

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Ananya Patel
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Ananya Patel
Asked: July 16, 2024In:
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Examine the constitutional dispute settlement procedures between the states and the Union or between the states themselves. Talk about the Supreme Court’s involvement in resolving these disputes.

upsc: features of indian constitution
  1. anjali rawat
    anjali rawat Begginer

    India has a federal system and hence it becomes important for union and state to work cooperatively. therefore, some constitutional mechanisms are  made to keep the relationship frictionless. article 245 to 293 specify the legislative , administrative and financial relations to avoid any overlappingRead more

    India has a federal system and hence it becomes important for union and state to work cooperatively. therefore, some constitutional mechanisms are  made to keep the relationship frictionless. article 245 to 293 specify the legislative , administrative and financial relations to avoid any overlapping of power. the  disputes are constitutionally solved through – inter state council under article 263 which inquires , investigate and make recommendations on the disputes between state and union or inter state, original jurisdiction of supreme court under article 131,  zonal council  and article 136 which allows the state government to move to courts for challenging the judgments of the tribunals specially in case of water disputes.

    supreme court under article 131 exercises its original jurisdiction to solve disputes directly. The dispute may be related to a law and legal rights. However the jurisdiction of supreme court can be excluded by a treaty or agreement.

    the court has exercised this power  in cases like West Bengal vs Gov of India 2017 etc.  The court can check the validity of law in terms of basic structure, violation of rights and excess of legislative competence. In doing so, court has made federal fabric of the constitution more strong.

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Panna Lal
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Panna LalBegginer
Asked: June 29, 2024In:
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In the Kesavananda Bharati case, the struggle between the legislative and the judiciary resulted in the “fundamental structure” theory. Talk about it. What impact does the case have on Parliament’s ability to modify the Constitution? (Answer in 250 words)

upsc: features of indian constitution
  1. Kunal Shinde
    Kunal Shinde Begginer

    All democratic countries are governed by a Constitution. In the 1967 Golaknath case, India's Supreme Court ruled that Parliament couldn't amend fundamental rights. Adolf Hitler's transformation of Germany's Weimar Constitution from democratic to dictatorial is a notable example of altering a constitRead more

    All democratic countries are governed by a Constitution. In the 1967 Golaknath case, India’s Supreme Court ruled that Parliament couldn’t amend fundamental rights. Adolf Hitler’s transformation of Germany’s Weimar Constitution from democratic to dictatorial is a notable example of altering a constitution.

     

    In 1972, the Keshavananda Bharati case settled the debate on Parliament’s power to amend the Constitution. Keshavananda Bharati, chief priest at Sri Edneer Mutt in Kerala, challenged the Kerala Land Reforms Act of 1963, claiming it violated Article 26 on religious freedom. This case allowed the Supreme Court to define Parliament’s amendment authority.

     

    The Court’s ruling affirmed the Constitution’s supremacy and established the “basic structure doctrine,” which prevents amendments that alter the fundamental framework of the Constitution. This doctrine was later applied in the Minerva Mills and Waman Rao cases. The 24th and 25th Amendments of 1971 aimed to nullify the Golaknath judgment.

     

    The Keshavananda Bharati case, concluded in March 1973 by a 13-judge bench, resulted in a 7:6 decision, with Justice H.R. Khanna as the tiebreaker. Although Bharati lost, the basic structure doctrine was established. Justice A.N. Ray, who dissented, later became Chief Justice of India.

     

    The Keshavananda Bharati case was crucial in shaping Indian constitutional law, ensuring protection against potential authoritarianism.

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Veer Singh
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Veer SinghBegginer
Asked: June 28, 2024In:
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The Indian Constitution, with its many clauses, embodies social justice, pluralism, and equality despite being a synthesis of many constitutions from around the world. Remark. (Answer in 250 words)

upsc: features of indian constitution
  1. Aditi
    Aditi Begginer

    The Indian Constitution, which came to force on 26th January, 1950, is a blend of features of Constitutions from across the globe. Constitutions of U.S.A., Ireland, U.K., Canada, Australia, Germany, erstwhile USSR, France, south Africa and Japan have been combed thoroughly, to compile the best featuRead more

    The Indian Constitution, which came to force on 26th January, 1950, is a blend of features of Constitutions from across the globe. Constitutions of U.S.A., Ireland, U.K., Canada, Australia, Germany, erstwhile USSR, France, south Africa and Japan have been combed thoroughly, to compile the best features in the Indian Constitution.

    The ideals of equality, justice and pluralism are secured through various Fundamental Rights (Articles 12-35) and Directive principles of state policy (Articles 36-51). Article 14 advocates equality before law, no matter one’s status in any regard. Article 15 describes discrimination on the basis of religion, race, caste, sex, or place of birth as a punishable offence. Article 16 promotes equal footing in matters of public employment. Article 17 prohibits the ancient practice of untouchability as it existed in the country thus, cementing the ideal of equality.

    Articles 25-28 grant religious freedom as long as it keeps a legal and peaceful face. No restrictions posed on faith symbolise the pluralistic nature of our constitution.

    Article 39, under DPSP, secures equal remuneration for equal work for both, men and women. Article 39-A, which was added through the 42nd Constitutional Amendment, 1976, makes it the state’s responsibility to assure free legal aid so that justice is ensured, to all citizens.

    The very purpose of the Indian Constitution being a blend of various constitutions is, to accommodate the diversity within its citizens to facilitate peaceful coexistence.

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Tanu Singh
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Tanu SinghLearner
Asked: July 16, 2024In:
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Analyze the constitutional protections for the independence of the judiciary, the Comptroller and Auditor General, and the Election Commission. Talk about the arguments and difficulties related to these bodies’ autonomy.

upsc: features of indian constitution
  1. Jayesh Malhotra
    Jayesh Malhotra Begginer

    The independence of institutions like the Election Commission, the Comptroller and Auditor General (CAG), and the judiciary is crucial for maintaining the rule of law and democratic governance. Here’s an examination of the constitutional safeguards for these institutions, along with challenges and dRead more

    The independence of institutions like the Election Commission, the Comptroller and Auditor General (CAG), and the judiciary is crucial for maintaining the rule of law and democratic governance. Here’s an examination of the constitutional safeguards for these institutions, along with challenges and debates surrounding their autonomy.

    Constitutional Safeguards

    1. Election Commission:
      • Constitutional Provision: Article 324 of the Indian Constitution provides for the establishment of the Election Commission, which is responsible for administering elections in India. The Chief Election Commissioner (CEC) and other commissioners are appointed by the President.
      • Tenure and Conditions: The CEC cannot be removed from office except through a process similar to that of the removal of a Supreme Court judge, ensuring a degree of protection from arbitrary dismissal.
    2. Comptroller and Auditor General (CAG):
      • Constitutional Provision: Article 148 establishes the CAG, responsible for auditing government expenditure and ensuring financial accountability.
      • Tenure and Conditions: The CAG is appointed by the President and can only be removed like the removal of a Supreme Court judge. This provides a safeguard against political interference.
    3. Judiciary:
      • Constitutional Provision: The independence of the judiciary is enshrined in Articles 124 to 147, which outline the appointment, tenure, and removal of judges. The separation of powers doctrine reinforces judicial independence.
      • Judicial Review: The judiciary has the power to review laws and executive actions, safeguarding against constitutional violations.

    Challenges and Debates

    1. Political Pressure:
      • Election Commission: There have been accusations of political interference in the functioning of the Election Commission, especially during elections. Critics argue that government pressure can compromise its impartiality.
      • Judiciary: The judiciary faces allegations of succumbing to political influence, with concerns about appointments and judicial behavior in politically sensitive cases.
    2. Appointment Processes:
      • CAG and Election Commission: The process of appointing these bodies often involves political figures, leading to debates about the impartiality of appointees. Critics advocate for a more transparent and independent appointment process.
      • Judiciary: The collegium system for judicial appointments is often criticized for lack of transparency and accountability, raising concerns about nepotism and favoritism.
    3. Budgetary Control:
      • CAG and Election Commission: Both institutions rely on government funding for their operations. This dependency can lead to potential threats to their autonomy, as budgetary allocations can be influenced by the ruling party.
    4. Public Perception:
      • Trust Issues: Public confidence in these institutions is essential for their effectiveness. Scandals, perceived biases, or failures to uphold constitutional principles can erode public trust.
    5. Reforms and Proposals:
      • Discussions around reforms include calls for independent bodies for appointments, enhanced powers for oversight, and ensuring financial independence to protect against executive control.
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Team
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TeamSupreme
Asked: August 13, 2024In:
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Roadmap for Answer Writing 1. Introduction Define the Concept: Explain what a “living instrument” means in the context of law. Thesis Statement: State that the Constitution of India adapts to societal changes, particularly through the lens of the right to life and personal ...

upsc: features of indian constitution
  1. Team
    Best Answer
    Team Supreme

    Model Answer Introduction The Constitution of India serves as a "living instrument," capable of evolving with the changing norms and values of society. Article 368(1) empowers Parliament to amend the Constitution, ensuring its relevance over time. This dynamic nature is particularly evident in the eRead more

    Model Answer

    Introduction

    The Constitution of India serves as a “living instrument,” capable of evolving with the changing norms and values of society. Article 368(1) empowers Parliament to amend the Constitution, ensuring its relevance over time. This dynamic nature is particularly evident in the expanding horizons of the right to life and personal liberty.

    The Constitution as a Dynamic Document:

    Preamble and Fundamental Rights

    The Preamble was amended in 1976 to include “Secular” and “Socialist,” reinforcing the Indian state’s commitment to these values. The Maneka Gandhi vs. Union of India case (1978) expanded Article 21, establishing that the right to life encompasses various rights, thus broadening its interpretation (Supreme Court of India).

    Judicial Review and Flexibility

    The Kesavananda Bharati vs. State of Kerala case (1973) affirmed the judiciary’s power to review amendments that threaten the Constitution’s basic structure. Furthermore, the 101st Amendment introduced the Goods and Services Tax (GST), reflecting the Constitution’s ability to adapt to economic changes (Government of India).

    Emergency Provisions and Advisory Jurisdiction

    The 44th Amendment post-Emergency introduced safeguards against misuse of emergency powers. The President’s request for the Supreme Court’s opinion on the Bihar Assembly’s dissolution in 2004 exemplifies the dynamic relationship between the Executive and Judiciary.

    Expanding Horizons of Rights:

    Right to Privacy and Education

    The Justice K.S. Puttaswamy (Retd.) vs. Union of India case (2017) recognized the right to privacy as a fundamental right. The 86th Amendment (2002) established the right to education for children aged 6 to 14, showcasing a commitment to inclusivity.

    Decriminalization of Homosexuality

    The Navtej Singh Johar vs. Union of India case (2018) decriminalized homosexuality, demonstrating adaptation to changing societal norms regarding human rights.

    Environmental and Economic Rights

    The Supreme Court in M.C. Mehta vs. Union of India (1988) recognized the right to a clean environment as part of the right to life. Additionally, the Right to Information Act (2005) empowers citizens, promoting transparency.

    Right to Die with Dignity

    In Aruna Ramchandra Shanbaug vs. Union of India (2011), the court permitted passive euthanasia, marking a significant evolution in the understanding of personal liberties.

    Conclusion

    The Constitution of India exemplifies a dynamic, living document that evolves to meet the needs of a progressive society. Its expansive judicial interpretations, particularly regarding the right to life and personal liberty, ensure a dignified existence for every citizen.

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