Previous Year Questions Asked In Mains From This Topic
- ‘Constitutional Morality’ is rooted in the Constitution itself and is founded on its essential facets. Explain the doctrine of ‘Constitutional Morality’ with the help of relevant judicial decisions. [2021]
- Indian constitution exhibits centralising tendencies to maintain unity and integrity of the nation. Elucidate in the perspective of the Epidemic Diseases Act, 1897; The Disaster Management Act, 2005 and recently passed Farm Acts. [2020]
- Under what circumstances can the Financial Emergency be proclaimed by the President Of India? What consequences follow when such a declaration remains in force? [2018]
- Explain the salient features of the Constitution (One Hundred and First Amendment) Act, 2016. Do you think it is efficacious enough “to remove cascading effect of taxes and provide for common national market for goods and services”? [2017]
- Examine the scope of Fundamental Rights in the light of the latest judgement of the Supreme Court on Right to Privacy. [2017]
- Discuss the essentials of the 69th Constitutional Amendment Act and anomalies, if any, that have led to recent reported conflicts between the elected representatives and the institution of the Lieutenant Governor in the administration of Delhi. Do you think that this will give rise to a new trend in the functioning of the Indian federal politics? [2016]
- To what extent is Article 370 of the Indian Constitution, bearing marginal note “Temporary provision with respect to the State of Jammu and Kashmir”, temporary ? Discuss the future prospects of this provision in the context of Indian polity. [2016]
- Discuss each adjective attached to the word ‘Republic’ in the ‘Preamble’. Are they defendable in the present circumstances ? [2016]
- Discuss the possible factors that inhibit India from enacting for its citizens a uniform civil code as provided for in the Directive Principles of State Policy. [2015]
- Does the right to clean environment entail legal regulations on burning crackers during Diwali? Discuss in the light of Article 21 of the Indian Constitution and Judgement(s) of the Apex Court in this regard. [2015]
- Though the federal principle is dominant in our Constitution and that principle is one of its basic. features, but it is equally true that federalism under the Indian Constitution leans in favour of a strong Centre, a feature that militates against the concept of strong federalism. Discuss. [2014]
- What do you understand by the concept “freedom of speech and expression” ? Does it cover hate speech also ? Why do the films in India stand on a slightly different plane from other forms of expression ? Discuss. [2014]
- Discuss Section 66A of IT Act, with reference to its alleged violation of Article 19 of the Constitution. [2013]
- Recent directives from Ministry of Petroleum and Natural Gas are perceived by the ‘Nagas’ as a threat to override the exceptional status enjoyed by the State. Discuss in light of Article 371A of the Indian Constitution. [2013]
Indian Constitution – Historical Underpinnings
The historical underpinnings of the Indian Constitution can be traced back to several key events and influences which includes –
British Colonial Rule: The British colonial rule in India, which lasted for nearly 200 years, played a significant role in shaping the demands for a written constitution. The introduction of Western ideas of governance, concepts of rights and freedoms, and the influence of British parliamentary practices were instrumental in shaping the aspirations for a constitutional framework in India.
Indian National Movement: The Indian National Movement, led by various leaders and organizations, sought political and social reforms, self-governance, and independence from British rule. Prominent leaders such as Mahatma Gandhi, Jawaharlal Nehru, B.R. Ambedkar, and others emphasized the need for a constitutional framework that would safeguard the rights and aspirations of the Indian people.
Government of India Acts: The British government introduced several Government of India Acts that provided some degree of representative government in India. Acts such as the Government of India Act 1919 and the Government of India Act 1935 had provisions for legislative councils, electoral reforms, and devolution of powers to Indian provinces. These acts served as precursors to the eventual framing of the Indian Constitution.
Influence of International Constitutions: The Indian Constitution drew inspiration from various international sources. The principles of liberty, equality, and fraternity from the French Revolution, the democratic ideals of the United States Constitution, the parliamentary system of the United Kingdom, and the principles of justice and human rights enshrined in various international charters influenced the drafting of the Indian Constitution.
Constituent Assembly: The Constituent Assembly of India, formed in 1946, was responsible for drafting and adopting the Indian Constitution. It was a representative body comprising members from different regions, communities, and political backgrounds. The debates, discussions, and contributions of the assembly members shaped the final document.
Influence of Indian Philosophical Thought: The Indian Constitution reflects the influence of Indian philosophical thought and values such as justice (dharma), equality (samta), and fraternity (bandhutva). These ideals, deeply rooted in Indian culture and traditions, find expression in the fundamental rights, directive principles, and the overall spirit of the Constitution.
The historical underpinnings of the Indian Constitution reflect the aspirations for self-governance, freedom, equality, and justice that emerged during the struggle for independence from British rule. The Constitution sought to create a democratic and inclusive nation that would safeguard the rights and welfare of its citizens.
Indian Constitution Significant Provisions And Basic Structure:
The Indian Constitution, adopted on January 26, 1950, is the supreme law of India. It contains numerous significant provisions that shape the country’s governance, rights, and responsibilities. Some of the key provisions of the Indian Constitution:
Preamble: The Preamble of the Indian Constitution sets out the ideals and objectives of the Constitution, including justice, liberty, equality, and fraternity. It outlines India as a sovereign, socialist, secular, and democratic republic.
Fundamental Rights: Part III of the Constitution guarantees fundamental rights to all citizens, including the right to equality, freedom of speech and expression, right to life and personal liberty, right to protection against discrimination, and right to religious freedom. These rights are enforceable by the courts.
Directive Principles of State Policy: Part IV of the Constitution enshrines the Directive Principles of State Policy. These principles provide guidelines for the government to establish a just and egalitarian society, promote social welfare, eliminate poverty and inequality, and protect the rights of marginalized groups. Although not enforceable by the courts, they are fundamental in shaping legislative and policy decisions.
Parliamentary System: The Indian Constitution establishes a parliamentary system of government at the federal level. It consists of a President as the head of state, a bicameral Parliament (comprising the Lok Sabha and the Rajya Sabha), and the Council of Ministers headed by the Prime Minister. The system is based on the principle of separation of powers among the legislature, executive, and judiciary.
Fundamental Duties: The Constitution also outlines fundamental duties for citizens to fulfill their responsibilities towards the nation. These duties, listed in Part IV-A, include respecting the Constitution, promoting harmony, safeguarding public property, and striving for excellence in all spheres of individual and collective activity.
Independent Judiciary: The Constitution establishes an independent judiciary as a guardian of the rule of law and protector of fundamental rights. The Supreme Court is the highest court in the country, and it has the power of judicial review to interpret the Constitution and strike down laws that are inconsistent with its provisions.
Reservation Policy: The Constitution provides for reservation of seats for Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs) in education, employment, and political representation. These measures aim to address historical social and economic inequalities and promote social justice.
Emergency Provisions: The Constitution includes emergency provisions that allow the central government to impose a state of emergency during times of war, external aggression, or internal disturbances. These provisions grant additional powers to the executive and suspend certain fundamental rights temporarily.
Right to Education: The Constitution recognizes the right to education as a fundamental right for children aged 6 to 14 years. The government is mandated to provide free and compulsory education to all children within this age group.
Constitutional Amendments: The Constitution provides a mechanism for amendments to adapt to changing circumstances. Amendments can be made by a special majority of Parliament, with certain provisions requiring the consent of at least half of the state legislatures.
These provisions, among others, form the foundation of the Indian Constitution and guide the governance and functioning of the country. They aim to establish a democratic and inclusive society that upholds the principles of justice, equality, and fundamental rights for all its citizens.
