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.
The Preamble of the Indian Constitution encapsulates its core ideals: sovereignty, socialism, secularism, democracy, republicanism, and the principles of justice, liberty, equality, and fraternity. These ideals guide the entire document and influence constitutional interpretation. Key Judicial InterRead more
The Preamble of the Indian Constitution encapsulates its core ideals: sovereignty, socialism, secularism, democracy, republicanism, and the principles of justice, liberty, equality, and fraternity. These ideals guide the entire document and influence constitutional interpretation.
Key Judicial Interpretations:
- Kesavananda Bharati Case (1973): Declared the Preamble as part of the Constitution, establishing that its basic structure cannot be altered.
- S.R. Bommai Case (1994): Emphasized secularism and federalism as fundamental principles.
- Minerva Mills Case (1980): Highlighted the balance between Fundamental Rights and Directive Principles, protecting the Constitution’s basic structure.
These cases reinforced the inviolability of the Preamble’s principles, preventing arbitrary amendments, and ensuring justice, liberty, equality, and fraternity in governance. The Preamble’s interpretation has guided the judiciary in preserving the democratic, secular, and socialist fabric of the nation, shaping India’s constitutional jurisprudence.
See less
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.
See less