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Resorting to ordinances has always raised concern on violation of the spirit of separation of power doctrine. While noting the rationales justifying the power to promulgate, analyse whether the decision of the Supreme Court on the issue have further facilitated to resorting to this power. Should the power to promulgate the ordinances be repealed?

Keywords: Ordinances, separation of powers, Supreme Court, promulgation, repeal. Required Approach: Primarily analytical, with elements of factual presentation and a concluding opinion. Points to Remember: Rationale for ordinance-making power. Supreme Court’s jurisprudence on ordinances. Impact of Supreme Court decisions on ordinance promulgation. Arguments for and against repealing the ordinance-making power. Introduction: The power to promulgate … Read more

Do you think that constitution of India does not accept principle of strict separation of powers rather it is based on the principle of ‘checks and balance’? Explain.

Points to Remember: Indian Constitution’s structure Separation of powers vs. checks and balances Legislative, Executive, and Judicial branches’ roles Mechanisms of checks and balances in the Indian Constitution Examples of checks and balances in action Introduction: The Indian Constitution, unlike some others that strictly adhere to the principle of separation of powers, adopts a system … Read more

Judicial Legislation is antithetical to the doctrine of separation of powers as envisaged in the Indian Constitution. In this context justify the filing of large number of public interest petitions praying for issuing guidelines to executive authorities.

Points to Remember: Separation of Powers in the Indian Constitution Judicial Legislation: Definition and implications Public Interest Litigation (PIL) and its role Balancing Judicial Activism with Separation of Powers Introduction: The Indian Constitution, drawing inspiration from Montesquieu’s theory, espouses the doctrine of separation of powers, dividing governmental functions among the legislature, executive, and judiciary. This … Read more

Q: “Constitutionally guaranteed judicial independence is a prerequisite of democracy”. Comment.

Points to Remember: Judicial independence’s definition and constitutional basis. Relationship between judicial independence and democratic principles (rule of law, accountability, protection of rights). Challenges to judicial independence (political interference, executive overreach, public opinion). Mechanisms to safeguard judicial independence (appointment processes, security of tenure, budgetary autonomy). Case studies and examples illustrating both successful and unsuccessful protection … Read more

Constitutional mechanisms to resolve the inter-state water disputes have failed to address and solve the problems. Is the failure due to structural or process inadequacy or both? Discuss.

Keywords: Constitutional mechanisms, inter-state water disputes, failure, structural inadequacy, process inadequacy. Required Approach: Analytical Points to Remember: Constitutional provisions for inter-state water disputes. The role of the Interstate River Water Disputes Act, 1956. Case studies of failed resolutions. Structural limitations of the Act and the process. Suggestions for improvement. Introduction: India’s federal structure necessitates mechanisms … Read more

Many States Governments further bifurcate geographical administrative areas like Districts and Talukas for better governance. In light of the above, can it also be justified that more number of smaller States would bring in effective governance at State level? Discuss.

Keywords: State bifurcation, effective governance, smaller states, administrative areas, districts, talukas. Required Approach: Analytical Points to Remember: Relationship between administrative size and governance efficiency. Advantages and disadvantages of smaller states. Factors influencing effective governance beyond state size. Case studies of state bifurcations. Constitutional implications and challenges. Introduction: The question of optimal state size for effective … Read more

Starting from inventing the ‘basic structure’ doctrine, the judiciary has played a highly pro active role in ensuring that India develops into a thriving democracy. In light of the statement, evaluate the role played by judicial activism in achieving the ideals of democracy.

Points to Remember: Judicial Activism in India Basic Structure Doctrine Positive and Negative Impacts of Judicial Activism Balancing Judicial Power with Democratic Principles Introduction: The Indian judiciary, particularly the Supreme Court, has significantly shaped the nation’s democratic trajectory. This is evident from its proactive role, most notably exemplified by the articulation of the “basic structure” … Read more

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.

Points to Remember: Indian Constitution’s federal structure. Balance of power between Centre and States. Features favouring a strong Centre. Implications for strong federalism. Potential for reform and strengthening state autonomy. Introduction: The Indian Constitution establishes a federal system, a significant feature of its design. However, the balance of power leans considerably towards the Centre, creating … Read more

In the absence of well–educated and organised local level government system, Panchayats and Samitis have remained mainly political institutions and not effective instrument of governance. Critically Discuss.

Points to Remember: The role of Panchayati Raj Institutions (PRIs) in India. The importance of education and organization for effective governance. The political nature of PRIs in the absence of well-educated and organized systems. The consequences of ineffective governance at the local level. Suggestions for improvement. Introduction: The 73rd and 74th Constitutional Amendments of 1992 … Read more

The concept of cooperative federalism has been increasingly emphasized in recent years. Highlight the drawbacks in the existing structure and extent to which cooperative federalism would answer the shortcomings.

Points to Remember: Definition and evolution of cooperative federalism. Drawbacks of the existing federal structure in India (e.g., vertical and horizontal imbalances). How cooperative federalism addresses these drawbacks. Limitations of cooperative federalism. Suggestions for strengthening cooperative federalism. Introduction: Cooperative federalism, a system emphasizing collaboration and shared responsibility between the central and state governments, has gained … Read more

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