Q. The amendment procedure under Indian Constitution is a curious mixture of rigidity and flexibility. In this light discuss the different procedure for amendment reflecting such blend.

Structure of the answer:    Introduction (Article 368) Different types of amendment process Reflection of rigidity and flexibility Way forward Model Answer The nature of the amending process envisaged by the makers of our Constitution has been explained by Pandit Jawaharlal Nehru as reconciliation of a written Constitution with Parliamentary Sovereignty. Article 368 (Part XX) of the Constitution deals withContinue reading “Q. The amendment procedure under Indian Constitution is a curious mixture of rigidity and flexibility. In this light discuss the different procedure for amendment reflecting such blend.”

5 provisions under which Parliament can legislate on a subject.

There are 5 provisions under which Parliament can legislate on a subject included in state list: Article 249  if the Council of States has declared by resolution supported by not less than two thirds of the members present and voting that it is necessary or expedient in the national interest that Parliament should make lawsContinue reading “5 provisions under which Parliament can legislate on a subject.”

Sources of the Constitution :

Sources of the Constitution 1. Government of India Act of 1935: Federal Scheme, Office of governor, Judiciary, Public Service Commissions, Emergency provisions and administrative details. 2. British Constitution: Parliamentary government, Rule of Law, legislative procedure, single citizenship, cabinet system, prerogative writs, parliamentary privileges and bicameralism. 3. US Constitution: Fundamental rights, independence of judiciary, judicial review,Continue reading “Sources of the Constitution :”

Unitary Features of Indian constitution:

Unitary Features of Indian constitution: 1.     The States of Indian Don’t have their own constitution as in the states of USA and Australia have their own constitution. 2.     Uniform and single Citizenship in India (Australia and USA have double citizenship). 3.     Parliament can make the changes of territorial extent of a State without its consent.Continue reading “Unitary Features of Indian constitution:”

Federal Features of Indian Constitution

The main federal features of the Indian Constitution are as follows: 1. Written Constitution: The Indian Constitution is a written document containing 395 Articles and 12 schedules, and therefore, fulfils this basic requirement of a federal government. In fact, the Indian Constitution is the most elaborate Constitution of the world. 2. Supremacy of the Constitution:Continue reading “Federal Features of Indian Constitution”

Purpose and functions of a Constitution:

 • Lays out certain ideals that form the basis of the kind of country that we as citizens aspire to live in. • Defines the nature of a country’s political system; plays a crucial role in laying out certain important guidelines that govern decision-making within these societies. • Provides a set of basic rules thatContinue reading “Purpose and functions of a Constitution:”

Right against Exploitation 

Right against Exploitation Art 23: Forced labor/ Traffic  No forced labor – slavery – servitude No trafficking State can force for public interest conscription punishable Art 24: Child labor  Punishable < 14 – no hazardous and non hazardous regulated by state The government had brought a new law to govern child labour, known as theContinue reading “Right against Exploitation “

Right to Freedom 

Right to Freedom Art 19(1) – Democratic rights Speech and expression  Art 19(1)(a) and Art 21 – inalienable disjunct Express your view, right to listen, any communicable medium Express others view Right to know Press freedom Elect/reject candidate based on informed choices Dissent – criticize govt ITA 2000 – Sec 66A – chilling effect DefamationContinue reading “Right to Freedom “

Right to Freedom of religion

Right to Freedom of religion Art 25:  P3 -Profess,Practice,Propagate Conscience – inner freedom Profess -declare openly Practice – rituals and use signs Propagate – spread but not force Opinion & belief – no state interference Conduct & practice – state can Art 26: Religious denomination  Est. institutions for religion and charity Manage its affairs Right to property Administer its propertyContinue reading “Right to Freedom of religion”

Right to equality  

Right to equality   Art 14 : Law  Equal before law   Negative English const Absence of any privileges Law is supreme authority – govt subjected to law Art 361 (exception for president and governor) Dicey No punishment unless law violated Every one equal before law without discrimination Law is the superior – const is superior inContinue reading “Right to equality  “

Cultural and Educational Rights 

Cultural and Educational Rights Art 29: Minorities interest  Protect identity Unity in diversity Majority and minority State can’t deny admission in edu on grounds of religion, race, caste or language  Art 30: Minority education  Linguistics and religious minorities Can have schools of their own – state and ntl recognition BC not part of minority RightContinue reading “Cultural and Educational Rights “

Everything about Surrogacy

What is surrogacy? Surrogacy is where a woman becomes pregnant with the intention of handing over the child to someone else after giving birth. Generally, she carries the baby for a couple or parent who cannot conceive a child themselves – they are known as “intended parents”. There are two forms of surrogacy. In traditionalContinue reading “Everything about Surrogacy”

Everything about Ordinance

What is an ordinance and who makes it? Article 123 of the Indian Constitution grants the President of India to Promulgate Ordinances when either of the two Houses of the Parliament is not in session which makes it impossible for a single House to pass and enact a law. Ordinances may relate to any subjectContinue reading “Everything about Ordinance”

 Parliamentary vs Presidential System

Does India need a presidential system? Arguments :- Against Debate can be divided in to feasibility and desirability In the existing constitutional scheme, change is not possible. Supreme court of India already held parliamentary form of Government as part of the basic structure of the constitution. Presidential system centralizes power and chances of it turning inContinue reading ” Parliamentary vs Presidential System”

Citizenship (Art.5 -11)

​CITIZENSHIP:  Acquisition of Citizenship:  By descent : Present : registration in embassy.  By registration : 1+ 6/8 By Naturalization  : 1 + 11/14 By Incorporation of new territory.  By Birth : 1993 : Atleast one parent, present : both father and mother. Children of foreign diplomats and enemy alien – no citizenship by birth  TerminationContinue reading “Citizenship (Art.5 -11)”