Syllabus- Salient features & Basic Structure; Amendments.
Number of questions- Mains: 02, Prelims – 10
Mains Questions of the day-
Q1. Discuss each adjective attached to the word “republic” in the Preamble. Are they defendable in the present circumstance?
Answer Framework-
Introduction: –
Write about the Preamble and its importance (aspiration of people, nature of the state, soul of the constitution)
Body: –
Preamble – Sovereign, Socialist, Secular, Democratic Republic- briefly explain about each term.
Explain how are they defendable in the recent times by giving examples.
Acknowledge some issues which undermine these adjectives.
Conclusion: –
- Political maturity, Judicial intervention are the requirements to uphold these ideals.
- Upholding these ideals is necessary for maintaining unity and integrity of the country.
Content: –
Sovereign State: –
- It is the ideal related to the state to take independent decisions related to public affairs.
- Absence of external influence while taking decisions (e.g.: – Non Aligned Movement).
- But in few cases this ideal is undermined due external pressure such as international politics, neighboring countries influence etc. ….
Socialist: –
- It is mainly an economic policy. All the major sectors in the economy are controlled and regulated by the Government with less involvement from the private players.
- India follows mixed economic model.
- Socialism promotes welfare of the state through schemes such as National Food Security, MGNREG Gramin Awas Yojan, Urban housing for all, etc.
- Privatisation is a challenge for this ideal.
Secular State: –
- Indian secularism is about maintaining the reasonable distance from religious matters by the State.
- Current examples – Vote bank politics, Communal tensions, etc
Democratic: –
- Democracy is rule by the people through the elected government.
- Challenges includes- Electoral malpractices, improper functioning of Parliamentary System, etc
Q2.” Parliament’s power to amend the constitution is a limited power and it cannot be enlarged into absolute power”. In the light of this statement, explain whether the Parliament’s power under A368 of the Indian constitution can destroy the basic structure of the Constitution by expanding its amending power?
Answer Framework-
Introduction: –
Explain about the Basic Structure of the Constitution and amending power of the Parliament under A368.
Body: –
Explain using various Supreme Court judgements on the issue of the amending power of the Parliament under A368.
Explain the idea of basic structure (1st CAA,17thCAA,24thCAA,1973 Kesavananda Bharathi Case and controversy associated with that.
Conclusion: –
- Balance Parliament’s amending power with Judicial Review and Basic Structure.
- Parliament power of amending the Constitution under A368 is limited under basic structure of the constitution
Content: –
- In Shankari Prasad Case 1951 regarding 1st CAA (amending the Fundamental Rights (Right to property)), Supreme Court said that the Parliament can amend Fundamental Rights.
- In Golkanth case 1961 regarding 17th CAA (Provisions place under the 9th schedule was avoided from Judicial Review) Supreme court said that the Parliament cannot amend Fundamental Rights.
- In 24th CAA 1971, the Parliament said that the amending power of the Parliament under A13 and A368 is unlimited.
- In Kesavananda Bharati case over 24th CAA, Supreme Court said that the Parliament can amend the Fundamental Rights but not the Basic Structure of the constitution.
- Supreme Court in Minerva Mills case over 42nd CAA (which gave unlimited amending power to the Parliament and excluded the Judicial Review), said that the Parliament cannot exclude the Judicial Review as it is the part of the Basic Structure of the Constitution and Parliament has limited amending power which is also the basic part of the Constitution.
Prelims Questions of The Day: –
1.“The doctrine of the sovereignty of Parliament “in the Constitution is associated with which of the following constitution ?
A. British Parliament
B. American Constitution
C. Irish Constitution
D. German Constitution
Answer: -A
Explanation: –
- Parliamentary sovereignty means supremacy of the legislative body i.e. parliament over all other government institutions including executive and judicial bodies.
- Sovereign legislature may change or repeal any previous legislation and is not bound by any written law like constitution.
- In India there is no parliament sovereignty rather there is constitutional sovereignty.
2. Consider the statement regarding “The Principle of Judicial Supremacy” in the Constitution
1. The principle of judicial supremacy is associated with the American Constitution.
2. The scope of judicial review power of the Supreme court in India is wider than that of what exists in the US.
3. The American Constitution provides for ‘due process of law’ against that of ‘procedure established by law’ contained in the Indian Constitution.
Which of the above statement is/are correct?
A.1 only
B.1 and 2 only
C.1 and 3 only
D.1,2 and 3
Answer: – C
Explanation: –
- The Principle of judicial supremacy is associated with the American Supreme Court.
- The scope of judicial review power of the Supreme court in India is narrower than that of what exists in the US.
- This is because the American Constitution provides for ‘due process of law’ against that of ‘procedure established by law’ contained in the Indian Constitution (Article 21).
3. What is the novel feature of the Indian Constitution?
A. The Directive Principles of State Policy
B. Fundamental Rights
C. Fundamental Duties
D. Writs of Supreme Court
Answer: – A
Explanation: –
- According to Dr B R Ambedkar, the Directive Principles of State Policy is a ‘novel feature’ of the Indian Constitution.
- They are enumerated in Part IV of the Constitution.
- The Directive Principles were included in our Constitution in order to provide social and economic justice to our people.
- Directive Principles aim at establishing a welfare state in India where there will be no concentration of wealth in the hands of a few.
- They are non-justiciable in nature.
- In the Minerva Mills case (1980), the Supreme Court held that ‘the Indian Constitution is founded on the bedrock of the balance between the Fundamental Rights and the Directive Principles’
4.Consider the following statement regarding fundamental Duties?
1.The original Indian Constitution provided for the Fundament Duties to the citizens.
2. The 86th Constitutional Amendment Act of 2002 added one more fundamental duty.
3. The duties are non-justiciable in nature.
Which of the following is /are not correct Fundamental Duties?
A.1 only
B. 1and 3 only
C.2 and 3 only
D.1,2, and 3
Answer: -A
Explanation: –
- The original constitution did not provide for the Fundamental Duties of the citizens.
- Fundamental Duties were added to our Constitution by the 42nd Amendment Act of 1976 on the recommendation of the Swaran Singh Committee.
- It lays down a list of ten Fundamental Duties for all citizens of India.
- Later, the 86th Constitutional Amendment Act of 2002 added one more fundamental duty.
- While the rights are given as guarantees to the people, the duties are obligations that every citizen is expected to perform.
- However, like the Directive Principles of State Policy, the duties are also non-justiciable in nature.
- There is a total of 11 Fundamental duties altogether.
5.Consider the following statement regarding “secular State”
1.The Indian concept of secularism connotes a complete separation between religion and the state.
2. The Western Secularism embodies the positive concept of secularism, i.e., giving equal respect to all religions or protecting all religions equally.
Which of the following statement is/are correct?
A.1 Only
B.2 Only
C. Both 1 and 2
D. Neither 1 nor 2
Answer:-D
Explanation: –
- The Constitution of India stands for a secular state.
- Hence, it does not uphold any particular religion as the official religion of the Indian State.
- The western concept of secularism connotes a complete separation between religion and the state (negative concept of secularism).
- But, the Indian constitution embodies the positive concept of secularism, i.e., giving equal respect to all religions or protecting all religions equally.
- Moreover, the Constitution has also abolished the old system of communal representation. However, it provides for the temporary reservation of seats for the scheduled castes and scheduled tribes to ensure adequate representation to them.
6.The Parliament cannot amend those provisions which form the ‘Basic Structure’ of the Constitution. This was ruled by the Supreme Court in the which of the following case?
A. Olga Tellis Case Vs. State of Maharashtra
B. Bhikaji Vs. Union of India case
C. Kesavananda Bharati vs. State of Kerala
D. Shankari Prasad Case
Answer: C
Explanation:
Keshavananda Bharati Case-
Basic Structure- Limitation on the amending power of the Constitution.
Article 368 of the Constitution deals with the powers of Parliament to amend the Constitution and its procedure.
It states that the Parliament may, in exercise of its constituent power, amend by way of addition, variation or repeal any provision of the Constitution in accordance with the procedure laid down for the purpose.
But, if the amendment alters the basic structure, for example Judicial review, Parliamentary democracy, Rule of Law, Secularism etc. then the amendment can be declared ultra vires by the SC.
7.In a monarchical form of government, the final decision vests with
A. The Monarch
B. The elected Council of Ministers
C. The elected Parliament
D. It varies from case to case, but in matters of national importance, monarch’s opinion reigns.
Answer: A
Explanation:
- In democracy the elected government has to explain its actions and defend its decisions to the people.
- However, in a monarchy, the monarch (King or Queen) has the power to make decisions and run the government. The monarch may have a small group of people to discuss matters with but the final decision-making power remains with the monarch.
- Unlike in a democracy, kings and queens do not have to explain their actions or defend the decisions they take.
8.Which of the following is NOT a pillar of the Parliamentary Democracy in India?
A. Universal Adult Suffrage
B. Political representatives are accountable to the people
C. All eligible citizens are allowed to contest elections without discrimination.
D. Separation of Powers
Answer: D
Explanation: Options (A), (B), (C) should be clear, since without universal participation and accountability, there cannot be any Parliamentary government.
Indian parliamentary democracy does not rely on separation of powers. It is instead based on cooperation, fusion and coordination between the legislature and executive. Separation of powers is a feature of the Presidential form of democracy, as in USA.
9.Which of the following is NOT correct as per the Indian practice of Secularism?
A. State maintains a principled distance from religion.
B. State does not interfere in any religious activity.
C. All religious communities can co-exist peacefully without negative discrimination.
D. Individual has freedom to interpret religious teachings differently and choose her/his religion.
Answer: B
Explanation:
- The Indian Constitution allows individuals the freedom to live by their religious beliefs and practices as they interpret these. Secularism refers to this separation of religion from the State. So option (A) is correct.
- But, the separation is not strict. State does interfere in religious activity on grounds of public interest, morality, justice etc. For e.g. the Indian government has a nominee on several religious shrine management boards. So, option (B) is incorrect.
- Freedom of individuals to exit from their religion, embrace another religion or have the freedom to interpret religious teachings differently must also be protected. This lies at the core of Indian secularism. So, option (D) is correct.
10.Which of the following is NOT essential to have and sustain a democracy?
A. Protection of the fundamental rights of all citizens
B. Freedom to express views, freedom to organize and freedom to protest
C. Political equality of citizens
D. A written Constitution
Answer: D
Explanation:
- A democracy cannot exist without giving some fundamental rights of citizens and to safeguard them via institutional mechanisms. Option(A) is essential.
- Without freedom to opine, express, organize and protest a government can turn tyrannical and authoritarian. It acts as a check and balance. Hence, option (B) is essential.
- Political equality of citizens refers to equal voting rights, equal eligibility for public offices etc. In a sense, it is one man, one vote as per BR.Ambedkar. Option (C) is the heart of democracy.
- A democracy can exist without a written constitution. Britain is the best example. Moreover, nations having a written constitution may not be democratic, e.g, Syria. However, it is essential to have laws/rules that protect citizen’s rights. Option (D) is correct.