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 ...
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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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
Executive and Judiciary
Legislative and Judiciary
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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