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Home/upsc: indian constitution

Mains Answer Writing Latest Questions

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TeamSupreme
Asked: August 16, 2024In:
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Constitutional morality is based on the fundamental elements of the Constitution and has its roots in it. Using pertinent court rulings as support, describe the “Constitutional Morality” doctrine. (150 words) [UPSC 2021]

upsc: indian constitution
  1. Samara Mishra
    Samara Mishra Begginer

    Doctrine of 'Constitutional Morality' 1. Concept of Constitutional Morality 'Constitutional Morality' refers to the adherence to and promotion of the values and principles embedded in the Constitution of India. It is a commitment to the Constitution’s core ideals, such as justice, equality, and demoRead more

    Doctrine of ‘Constitutional Morality’

    1. Concept of Constitutional Morality

    ‘Constitutional Morality’ refers to the adherence to and promotion of the values and principles embedded in the Constitution of India. It is a commitment to the Constitution’s core ideals, such as justice, equality, and democracy, guiding both state actions and individual conduct.

    2. Judicial Interpretation

    K.S. Puttaswamy v. Union of India (2017): The Supreme Court emphasized that Constitutional Morality is central to interpreting fundamental rights. The judgment upheld the right to privacy, asserting that respect for individual rights is integral to constitutional values.

    Navtej Singh Johar v. Union of India (2018): The Court decriminalized consensual same-sex relations, highlighting that Constitutional Morality demands the protection of individual dignity and equality, aligning with the constitutional values of justice and non-discrimination.

    3. Conclusion

    The doctrine ensures that the Constitution’s fundamental values are upheld in governance and judicial decisions, reinforcing a commitment to democracy and human rights.

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TeamSupreme
Asked: August 16, 2024In:
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Roadmap for Answer Writing Structure of the Answer 1. Introduction Purpose: Briefly introduce the Indian Constitution’s aim to maintain national unity and integrity. Central Idea: Highlight the significance of centralizing tendencies in legislation during crises. 2. Body A. Epidemic Diseases Act, 1897 Overview: Discuss the purpose of ...

upsc: indian constitution
  1. Team
    Best Answer
    Team Supreme

    Model Answer Introduction The Indian Constitution aims to maintain unity and integrity within the diverse socio-political landscape of the nation. Over time, various legislations have been enacted to ensure central control during crises and to address specific challenges that threaten this unity. BoRead more

    Model Answer

    Introduction

    The Indian Constitution aims to maintain unity and integrity within the diverse socio-political landscape of the nation. Over time, various legislations have been enacted to ensure central control during crises and to address specific challenges that threaten this unity.

    Body

    Epidemic Diseases Act, 1897

    The Epidemic Diseases Act was established to curb the spread of dangerous epidemics across India. It empowers the central government to implement necessary measures, such as the inspection and segregation of travelers, to manage public health emergencies (Source: Epidemic Diseases Act, 1897). This act has been crucial during health crises like the COVID-19 pandemic, enabling a coordinated national response. While it allows state governments to create temporary regulations, the overarching authority remains with the central government, showcasing a centralizing tendency aimed at maintaining public health and safety.

    Disaster Management Act, 2005

    The Disaster Management Act provides a comprehensive framework for managing disasters, including aspects like preparedness and response. It established the National Disaster Management Authority (NDMA), chaired by the Prime Minister, to supervise disaster management nationally (Source: Disaster Management Act, 2005). This legislation empowers the central government to formulate policies and guidelines that states must follow, ensuring a unified strategy. Such centralization facilitates efficient resource allocation and coordination during emergencies, further exhibiting the Constitution’s inclination toward central authority for national integrity.

    Farm Acts

    The recently passed Farm Acts aim to reform India’s agricultural sector by liberalizing trade and enhancing market access for farmers. However, these acts have been criticized for undermining state authority, particularly regarding agricultural marketing and price regulation (Source: Government of India, Ministry of Agriculture). The central government’s role in these reforms raises concerns about the erosion of federalism, leading to widespread protests from stakeholders who feel their autonomy is being compromised.

    Conclusion

    These legislations illustrate the Indian Constitution’s centralizing tendencies. While central control can ensure unity and effective decision-making, it is crucial to maintain a balance that respects the federal structure of the nation.

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Reena Bhatt
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Reena BhattBegginer
Asked: August 16, 2024In:
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Roadmap for Answer Writing Introduction Definition of Separation of Powers: Briefly explain the principle of separation of powers, which delineates the roles of the legislative, executive, and judicial branches. Thesis Statement: State that the Indian Constitution does not strictly adhere to this principle ...

upsc: indian constitution
  1. Team
    Best Answer
    Team Supreme

    Model Answer Introduction The principle of separation of powers advocates for distinct and independent legislative, executive, and judicial branches of government. While the Indian Constitution does not explicitly mention this doctrine, it implicitly embraces the concept of checks and balances, ensuRead more

    Model Answer

    Introduction

    The principle of separation of powers advocates for distinct and independent legislative, executive, and judicial branches of government. While the Indian Constitution does not explicitly mention this doctrine, it implicitly embraces the concept of checks and balances, ensuring that each branch operates within its constitutional limits.

    Body

    The system of checks and balances in the Indian Constitution is designed to prevent the concentration of power in any single branch, fostering cooperation and coordination among them.

    Legislative and Executive

    1. Presidential Powers: The President of India has the authority to summon (Article 85), prorogue, and dissolve Parliament (Article 85(2)(b)). This power allows the executive to influence legislative sessions.
    2. Impeachment: Parliament has the power to impeach the President for violations of the Constitution (Article 61), establishing a check on the executive by the legislature.

    Executive and Judiciary

    1. Judicial Appointments: The executive, with the President’s involvement, appoints judges to the higher judiciary, including the Supreme Court (Article 124) and High Courts (Article 217). This creates a link between the executive and judiciary.
    2. Judicial Review: The judiciary can review executive actions, ensuring they comply with the Constitution. Landmark cases like Kesavananda Bharati v. State of Kerala (1973) and Minerva Mills v. Union of India (1980) highlight this power.

    Legislative and Judiciary

    1. Removal of Judges: Parliament can remove judges of the Supreme Court (Article 124(4)) and High Courts (Article 217(1)(b)) through impeachment for misbehavior or incapacity.
    2. Judicial Review of Legislation: The judiciary can invalidate unconstitutional laws passed by Parliament, a power affirmed in the Kesavananda Bharati case.

    Conclusion

    The Indian Constitution, through its implicit adoption of the checks and balances system, ensures that the three branches of government function harmoniously within their constitutional limits. This system is vital for maintaining the balance of power and promoting the efficient functioning of the government, ultimately supporting democratic governance.

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TeamSupreme
Asked: August 21, 2024In:
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Roadmap for Answer Writing 1. Introduction Objective: Introduce the concept of joint sessions in the Indian Parliament as per the Constitution. Key Points to Mention: Definition of joint session. Reference to Article 108 of the Indian Constitution. 2. Body A. Occasions When a Joint Session is Normally ...

upsc: indian constitution
  1. Team
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    Team Supreme

    Model Answer Introduction The Indian Constitution provides for the joint session of both houses of Parliament under Article 108. This mechanism is primarily designed to resolve legislative deadlocks between the Lok Sabha (House of the People) and the Rajya Sabha (Council of States). Occasions When aRead more

    Model Answer

    Introduction

    The Indian Constitution provides for the joint session of both houses of Parliament under Article 108. This mechanism is primarily designed to resolve legislative deadlocks between the Lok Sabha (House of the People) and the Rajya Sabha (Council of States).

    Occasions When a Joint Session is Normally Held

    1. Deadlock on a Non-Money Bill: A joint session can be convened if a non-money bill is passed by one house and rejected by the other, or if both houses fail to agree on amendments to the bill. In such cases, the President of India can summon a joint session to resolve the deadlock.
    2. Bill Pending for More Than Six Months: If a bill passed by one house is sent to the other house and remains pending for more than six months without any decision, the President can call a joint session to expedite the legislative process.

    In both scenarios, the joint session is presided over by the Speaker of the Lok Sabha, or in their absence, the Deputy Speaker, or a person determined by the President if both are unavailable.

    Occasions When a Joint Session Cannot Be Held

    1. Money Bills: Joint sessions cannot be called for money bills, as the Rajya Sabha’s powers are limited in this context. Money bills can only be introduced in the Lok Sabha.
    2. Constitutional Amendment Bills: These bills require separate passage by both houses with a special majority, as specified in Article 368 of the Constitution.
    3. Impeachment Proceedings: A joint session cannot be convened for impeachment proceedings against the President, as this process requires each house to pass a resolution with a two-thirds majority separately.
    4. No-Confidence Motion: A joint session cannot be held to discuss and pass a no-confidence motion against the government, as this motion is applicable only to the Lok Sabha.
    5. Approval of Ordinances: Joint sessions are not applicable for the approval of ordinances issued by the President when Parliament is not in session. Ordinances must be separately approved by both houses within six weeks of Parliament’s reassembly.

    Conclusion

    In conclusion, while the Indian Constitution allows for joint sessions to resolve legislative deadlocks on non-money bills, there are specific instances where such sessions cannot be convened, reflecting the procedural integrity of parliamentary democracy.

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TeamSupreme
Asked: August 21, 2024In:
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How temporary is the provision mentioned in the marginal note “Temporary provision with respect to the State of Jammu and Kashmir” found in Article 370 of the Indian Constitution? Talk about this provision’s potential in light of Indian politics. (200 ...

upsc: indian constitution
  1. Visha Patnaik
    Visha Patnaik Learner

    Article 370 of the Indian Constitution, titled "Temporary Provision with respect to the State of Jammu and Kashmir," initially provided a special autonomous status to Jammu and Kashmir. It was intended as a temporary measure, reflecting the unique circumstances of Jammu and Kashmir's accession to InRead more

    Article 370 of the Indian Constitution, titled “Temporary Provision with respect to the State of Jammu and Kashmir,” initially provided a special autonomous status to Jammu and Kashmir. It was intended as a temporary measure, reflecting the unique circumstances of Jammu and Kashmir’s accession to India in 1947.

    Extent of Temporariness:
    Initial Intent: Article 370 was meant to be a temporary provision to address the specific needs and circumstances of Jammu and Kashmir’s integration into India. It allowed the state to have its own constitution and significant autonomy, except in matters of defense, foreign affairs, and communications.

    Autonomy: The article provided Jammu and Kashmir with considerable autonomy, including its own legislative assembly and control over most aspects of governance. However, this autonomy was subject to limitations imposed by the Indian Constitution, and any changes required the concurrence of the state government.

    Abrogation: The Indian government, through the Jammu and Kashmir Reorganisation Act, 2019, abrogated Article 370. This act bifurcated Jammu and Kashmir into two Union Territories—Jammu and Kashmir, and Ladakh. The abrogation ended the special status and autonomy that Article 370 provided, integrating Jammu and Kashmir more directly into the Indian Union.

    Future Prospects:
    Legal and Political Impact: The abrogation has led to significant legal and political changes, impacting the governance structure, political dynamics, and relationship between Jammu and Kashmir and the Indian Union.

    Regional and National Implications: The future prospects of Jammu and Kashmir’s integration reflect a shift towards greater central control, which may influence regional politics and governance in the context of national policies and security concerns.

    Constitutional and Diplomatic Reactions: The move has generated varied responses domestically and internationally. Legal challenges and debates regarding the constitutionality and implications of the abrogation continue, affecting India’s political landscape.

    In summary, Article 370 was intended as a temporary provision but had enduring effects until its abrogation in 2019. The future of Jammu and Kashmir will be shaped by its new status as Union Territories, influencing Indian polity and governance.

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TeamSupreme
Asked: August 21, 2024In:
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चर्चा कीजिए कि वे कौन-से संभावित कारक हैं जो भारत को राज्य की नीति के निदेशक तत्त्व में प्रदत्त के अनुसार अपने नागरिकों के लिए समान सिविल संहिता को अभिनियमित करने से रोकते हैं। (200 words) [UPSC 2015]

upsc: indian constitution
  1. Ela Bhadoria
    Ela Bhadoria Begginer

    भारत में समान सिविल संहिता (UCC) को लागू करने में कई कारक बाधा डालते हैं: धार्मिक विविधता: भारत में विभिन्न धर्मों के अनुयायी अपने-अपने व्यक्तिगत कानूनों का पालन करते हैं, जैसे हिंदू कानून, मुस्लिम कानून, और ईसाई कानून। इन विविधताओं को एक समान संहिता में समेटना कठिन है, क्योंकि प्रत्येक समुदाय अपनेRead more

    भारत में समान सिविल संहिता (UCC) को लागू करने में कई कारक बाधा डालते हैं:

    धार्मिक विविधता: भारत में विभिन्न धर्मों के अनुयायी अपने-अपने व्यक्तिगत कानूनों का पालन करते हैं, जैसे हिंदू कानून, मुस्लिम कानून, और ईसाई कानून। इन विविधताओं को एक समान संहिता में समेटना कठिन है, क्योंकि प्रत्येक समुदाय अपने पारंपरिक कानूनों को संरक्षित रखना चाहता है।

    राजनीतिक संवेदनशीलता: UCC एक संवेदनशील राजनीतिक मुद्दा है। राजनीतिक दल अपने वोट बैंक को ध्यान में रखते हुए इस मुद्दे पर एकराय नहीं बना पाते। खासकर धार्मिक आधार पर वोटिंग के चलते किसी भी बदलाव से राजनीतिक हानि का डर होता है।

    सांस्कृतिक और धार्मिक मान्यता: कई समुदाय अपने धार्मिक कानूनों को सांस्कृतिक और पहचान से जुड़े मुद्दों के रूप में देखते हैं। UCC के माध्यम से इन कानूनों में बदलाव करने से इन समुदायों के पहचान पर खतरा माना जाता है।

    कानूनी और व्यवस्थागत चुनौतियाँ: समान सिविल संहिता को लागू करने के लिए जटिल कानूनी और व्यवस्थागत ढांचे की आवश्यकता होती है। इसके लिए सभी समुदायों का समर्थन और व्यापक सलाह-मशविरा आवश्यक है, जो कठिन हो सकता है।

    इन कारकों के कारण, भारत में UCC को लागू करने में कठिनाई आती है, जिससे समानता और न्याय की दिशा में कदम उठाना चुनौतीपूर्ण हो जाता है।

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TeamSupreme
Asked: August 21, 2024In:
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Roadmap for Answer Writing Introduction Briefly introduce Article 105 of the Indian Constitution, highlighting its provision for the powers, privileges, and immunities of Parliament and its members. State the significance of these privileges for parliamentary functioning and the controversy surrounding their lack of ...

upsc: indian constitution
  1. Team
    Best Answer
    Team Supreme

    Model Answer Introduction The Indian Constitution, under Article 105, provides for the powers, privileges, and immunities of Parliament and its members. While these privileges are meant to facilitate parliamentary functioning, their partial codification raises concerns about clarity and accountabiliRead more

    Model Answer

    Introduction

    The Indian Constitution, under Article 105, provides for the powers, privileges, and immunities of Parliament and its members. While these privileges are meant to facilitate parliamentary functioning, their partial codification raises concerns about clarity and accountability.

    Reasons for the Absence of Legal Codification

    1. Historical Legacy: The privileges are rooted in the British parliamentary system, which India inherited. This legacy was deemed adaptable to Indian circumstances, allowing for evolution without exhaustive codification (Source: Lok Sabha Secretariat).
    2. Flexibility & Autonomy: An un-codified framework provides Parliament with the flexibility to address unforeseen situations, maintaining its autonomy against judicial interference. This adaptability is vital for the dynamic nature of legislative processes (Source: Constitution of India).
    3. Diverse Sources: Parliamentary privileges arise from multiple sources including the Constitution, laws, house rules, conventions, and judicial interpretations. This complexity makes codification challenging (Source: Parliamentary Research Service).
    4. Misconceptions and Misinterpretations: Many members misunderstand certain privileges, such as immunity from arrest in civil cases. This leads to misconceptions regarding the extent of parliamentary privileges, causing confusion in legal interpretations (Source: Vice President of India).

    Addressing the Problem

    1. Comprehensive Codification: A thorough review involving parliamentarians, legal experts, and stakeholders is essential to establish a clear codification of privileges that aligns with democratic principles.
    2. Judicial Oversight: Establishing a mechanism for judicial scrutiny when privileges conflict with fundamental rights or legal provisions is crucial for maintaining accountability (Source: Supreme Court rulings).
    3. Education and Awareness: Enhancing the understanding of privileges among MPs can reduce misconceptions and ensure that they recognize the limits of their powers.
    4. Balancing Privileges with Rights: Codification should strike a balance between parliamentary privileges and fundamental rights, preserving the spirit of democracy.
    5. Periodic Review: Codified privileges should be reviewed regularly to adapt to evolving democratic needs and societal values.

    Conclusion

    While parliamentary privileges are vital for maintaining the dignity and efficacy of Parliament, their ambiguous nature due to partial codification poses challenges. By pursuing comprehensive codification and ensuring a balance with fundamental rights, the sanctity of India’s democratic process can be preserved, reaffirming Parliament’s role as a cornerstone of democracy.

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Sohan Choudhury
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Sohan ChoudhuryBegginer
Asked: January 4, 2025In:
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Roadmap for Answer Writing 1. Introduction (100-120 words) Definition of the Doctrine: Introduce the doctrine of basic structure, which was established by the Supreme Court of India in the landmark case of Kesavananda Bharati v. State of Kerala (1973). Context: Mention the need ...

upsc: indian constitution
  1. Team
    Best Answer
    Team Supreme

    Model Answers Significance of the Doctrine of Basic Structure The doctrine of basic structure, established in the landmark case Kesavananda Bharati v. State of Kerala (1973), plays a crucial role in preserving the core values of the Indian Constitution. It ensures that the Parliament's power to amenRead more

    Model Answers

    Significance of the Doctrine of Basic Structure

    The doctrine of basic structure, established in the landmark case Kesavananda Bharati v. State of Kerala (1973), plays a crucial role in preserving the core values of the Indian Constitution. It ensures that the Parliament’s power to amend the Constitution is not absolute and cannot be used to alter its fundamental framework. This doctrine protects against the politicization of the Constitution by preventing any ruling majority from undermining constitutional principles.

    Key Significance:

    1. Prevents Totalitarianism: The doctrine acts as a safeguard against the potential misuse of power by the ruling government. In Minerva Mills case (1980), the Supreme Court held that the Parliament cannot destroy the Constitution’s basic features through amendments.
    2. Separation of Powers: It ensures that the separation of powers between the Legislature, Executive, and Judiciary is upheld, preventing any one organ from interfering in the others’ functions.
    3. Federalism: In the S.R. Bommai case (1994), the Supreme Court ruled that the federal structure of the Constitution is part of its basic structure, thereby protecting Centre-State relations.

    Limitations of the Doctrine of Basic Structure

    Despite its significance, the basic structure doctrine has limitations:

    1. Vagueness: The doctrine is often criticized for being vague and undefined, leading to inconsistent judicial interpretations.
      • Source: Waman Rao v. Union of India (1980) – The doctrine is applied prospectively, meaning amendments made before April 24, 1973 (Kesavananda case) cannot be challenged.
    2. Judicial Overreach: Critics argue that it gives the Judiciary excessive power, allowing courts to overstep into legislative functions and sit as “super-legislators” rather than focusing on constitutional validity.
      • Source: Judicial critique in various legal analyses.

    In conclusion, while the doctrine serves as a vital shield protecting constitutional values, its application must be careful to avoid judicial overreach and maintain balance among the three branches of government.

    By following this roadmap, the answer is structured to cover both the significance and limitations of the doctrine of basic structure, providing a balanced analysis of its impact on the Indian Constitution.

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Dinesh Raghavan
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Dinesh RaghavanBegginer
Asked: January 11, 2025In:
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Roadmap for Answer Writing 1. Introduction: Set the Context Briefly introduce linguistic minorities in India: Define linguistic minorities as groups that speak distinct languages or dialects, differing from the majority population in a particular area. Mention that linguistic diversity is integral to ...

upsc: indian constitution
  1. Team
    Best Answer
    Team Supreme

    Model Answer Introduction The role of the Commissioner for Linguistic Minorities (CLM) is pivotal in safeguarding the constitutional rights of linguistic minorities in India. These minorities are groups speaking distinct languages or dialects, recognized by the Indian Constitution. Article 350B provRead more

    Model Answer

    Introduction

    The role of the Commissioner for Linguistic Minorities (CLM) is pivotal in safeguarding the constitutional rights of linguistic minorities in India. These minorities are groups speaking distinct languages or dialects, recognized by the Indian Constitution. Article 350B provides for the establishment of the Commissioner for Linguistic Minorities to ensure their protection and welfare.

    Role of the Commissioner for Linguistic Minorities

    1. Investigation of Rights Violations
      The CLM investigates issues related to linguistic minorities to ensure their constitutional safeguards are upheld. This includes examining violations of their rights by government policies or local authorities.
    2. Reporting to the President and Parliament
      The CLM submits detailed reports on the status of linguistic minorities to the President of India. These reports are then presented to the Parliament, which plays a key role in shaping the discourse around minority rights.
    3. Advice and Recommendations
      The CLM advises the government on policies and strategies concerning linguistic minorities. Through its recommendations, it influences decisions that directly affect these groups.
    4. Representation of Minority Interests
      The CLM serves as a voice for linguistic minorities, ensuring their issues are represented at the highest levels of government and facilitating their integration into the broader democratic framework.

    Challenges Faced by the CLM

    Despite its crucial role, the CLM faces several challenges:

    • Inadequate Outreach: The CLM struggles to reach all linguistic minorities due to India’s vast geographical and cultural diversity, leaving some groups unprotected.
    • Resource Constraints: Limited financial and human resources hinder the CLM’s ability to effectively carry out investigations and implement policies.
    • Lack of Enforcement Power: The CLM’s inability to enforce its recommendations diminishes its impact in addressing the concerns of linguistic minorities.
    • Low Awareness: Many linguistic minorities are unaware of the CLM’s existence, leading to underutilization of the office.
    • Delayed Reports: The delay in presenting and discussing annual reports in Parliament slows the process of addressing the identified issues.

    Recommendations for Strengthening the CLM

    To overcome these challenges, the following measures are suggested:

    • Enhanced Autonomy: Granting the CLM greater autonomy will enhance its ability to act impartially and effectively.
    • Capacity Building: Establishing more local offices and digital initiatives can improve the CLM’s outreach.
    • Public Awareness Campaigns: Using multilingual campaigns can raise awareness about the CLM’s role and accessibility among linguistic minorities.
    • Timely Report Discussion: Mechanisms should be put in place to ensure that the CLM’s reports are discussed and acted upon promptly in Parliament.

    Conclusion

    The Commissioner for Linguistic Minorities plays an essential role in protecting the rights of linguistic minorities in India. However, to ensure that its functions are more effective, the office must be strengthened through increased autonomy, resources, and public awareness. By addressing the challenges it faces, India can better safeguard the interests of its diverse linguistic communities.

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Swapna Sundari
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Swapna SundariLearner
Asked: January 22, 2025In:
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Roadmap for Answer Writing 1. Introduction Brief Overview: Begin with a concise introduction about the Ninth Schedule, its historical context, and its role in the Indian Constitution. Fact: The Ninth Schedule was introduced by the First Amendment Act of 1951. Purpose: It was designed ...

upsc: indian constitution
  1. Team
    Best Answer
    Team Supreme

    Model Answer The Ninth Schedule was introduced by the First Amendment of the Indian Constitution in 1951, primarily to protect certain laws from judicial scrutiny. It was designed to safeguard land reform laws and other legislations aimed at achieving social and economic justice, aligning with the gRead more

    Model Answer

    The Ninth Schedule was introduced by the First Amendment of the Indian Constitution in 1951, primarily to protect certain laws from judicial scrutiny. It was designed to safeguard land reform laws and other legislations aimed at achieving social and economic justice, aligning with the government’s welfare objectives. The inclusion of the Ninth Schedule allowed for laws dealing with land reforms, abolition of zamindari, and redistribution of land to be insulated from challenges based on the violation of fundamental rights (FR). This was particularly important in the post-independence period, when various state and central governments were enacting legislation to promote social and economic welfare in the face of entrenched landholding structures.

    Judicial Review of Laws in the Ninth Schedule

    Initially, the Supreme Court upheld Parliament’s power to amend the Constitution, including placing laws in the Ninth Schedule, as seen in the case of Shankari Prasad vs. Union of India (1951). The Court held that such amendments could not be challenged on the grounds of violating fundamental rights. The Sajjan Singh vs. State of Rajasthan (1964) case further reaffirmed this stance, upholding the 17th Amendment that placed land acquisition laws in the Ninth Schedule.

    However, this position shifted in I.C. Golaknath & Ors. Vs. State of Punjab (1967), where the Court ruled that any constitutional amendment abridging fundamental rights was void. The landmark decision in Kesavananda Bharati vs. State of Kerala (1973) established the “basic structure” doctrine, asserting that no amendment could alter the Constitution’s basic structure, though it did not specifically address the Ninth Schedule.

    The case of Waman Rao vs. Union of India (1981) provided a crucial distinction: laws placed in the Ninth Schedule before April 24, 1973, were immune to judicial review, but those added after that date were subject to it. This was further reinforced by the I.R. Coelho vs. State of Tamil Nadu (2007), where the Court ruled that any law added to the Ninth Schedule after April 24, 1973, could be reviewed for its constitutionality.

    Conclusion

    The Ninth Schedule was introduced with the objective of protecting land reform laws and advancing social justice, but over time, the judiciary has developed a more nuanced approach to its review, balancing legislative intent with the protection of fundamental rights.

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