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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.

Points to Remember: Article 370’s temporary nature. Historical context of its enactment. Legal challenges and interpretations. Political implications and ramifications. Future prospects and potential scenarios. Introduction: Article 370 of the Indian Constitution, bearing the marginal note “temporary provision with respect to the State of Jammu and Kashmir,” granted special autonomous status to the state. Enacted … Read more

Discuss each adjective attached to the word ‘Republic’ in the ‘Preamble’. Are they defendable in the present circumstances?

Points to Remember: The Preamble’s adjectives: Sovereign, Socialist, Secular, Democratic, Republic, and Justice, Liberty, Equality, Fraternity. Analyzing the contemporary relevance and defensibility of each adjective. Considering both positive and negative aspects of each adjective’s application in present-day India. Suggesting ways to strengthen the ideals represented by these adjectives. Introduction: The Preamble to the Indian Constitution … Read more

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.

Points to Remember: Centralizing tendencies in the Indian Constitution. Unity and integrity of the nation. Epidemic Diseases Act, 1897. Disaster Management Act, 2005. Farm Acts (2020). Balancing centralization with federalism. Introduction: The Indian Constitution, while establishing a federal structure, exhibits inherent centralizing tendencies to ensure national unity and integrity. This balance between federalism and centralization … Read more

“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 Parliament under Article 368 of the Constitution can destroy the Basic Structure of the Constitution by expanding its amending power?

Points to Remember: Article 368: Deals with the power of Parliament to amend the Constitution. Basic Structure Doctrine: Judicial limitation on Parliament’s amending power. Limited vs. Absolute Power: The inherent constraints on Parliament’s constitutional amendment authority. Kesavananda Bharati Case: Landmark Supreme Court judgment establishing the Basic Structure Doctrine. Introduction: The statement “Parliament’s power to amend … Read more

Under what circumstances can the Financial Emergency be proclaimed by the President of India? What consequences follow when such a declaration remains in force?

Points to Remember: Article 360 of the Indian Constitution: This article grants the President the power to proclaim a Financial Emergency. Conditions for Proclamation: The President can proclaim a Financial Emergency only if he/she is satisfied that a situation has arisen whereby the financial stability or credit of India is threatened. Consequences of Proclamation: The … Read more

‘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.

Points to Remember: Constitutional Morality: A doctrine ensuring the spirit and values of the Constitution are upheld, even beyond the literal text. Judicial Activism: Courts interpreting the Constitution broadly to protect fundamental rights and values. Balancing Rights: The need to balance individual rights with societal interests. Evolution of Interpretation: How the understanding of Constitutional Morality … Read more

“Right of movement and residence throughout the territory of India are freely available to the Indian citizens, but these rights are not absolute.” Comment.

Points to Remember: Right to movement and residence under Article 19(1)(e) of the Indian Constitution. Limitations on this right under Article 19(5) and other provisions. Examples of restrictions: national security, public order, health, etc. Balancing individual rights with societal needs. Importance of judicial interpretation in defining the scope of this right. Introduction: The Indian Constitution … Read more

Q: Explain the structure of the Parliamentary Committee system. How far have the financial committees helped in the institutionalization of Indian Parliament?

Points to Remember: Structure of Parliamentary Committees in India (Standing, Ad hoc, Joint, Departmentally Related Standing Committees). Role of Financial Committees (Public Accounts Committee, Estimates Committee, Committee on Public Undertakings). Impact of Financial Committees on Parliamentary oversight and accountability. Challenges faced by Financial Committees. Suggestions for improvement. Introduction: The Indian Parliament, a bicameral legislature comprising … Read more

Q: Explain the significance of the 101st Constitutional Amendment Act. To what extent does it reflect the accommodative spirit of federalism.

Points to Remember: The 101st Constitutional Amendment Act, 2016. Its impact on the Goods and Services Tax (GST). Federal implications of GST. Accommodative spirit of federalism. Power sharing between the Union and States. Introduction: The 101st Constitutional Amendment Act, 2016, is a landmark legislation in India, primarily aimed at introducing the Goods and Services Tax … Read more

Q: Account for the legal and political factors responsible for the reduced frequency of using Article 356 by the Union Governments since mid-1990s.

Points to Remember: Article 356 of the Indian Constitution (President’s Rule) Legal limitations imposed by Supreme Court judgments Political factors influencing its application Shift in political landscape since the mid-1990s Federalism and Centre-State relations Introduction: Article 356 of the Indian Constitution, empowers the President to impose President’s Rule (also known as state emergency) in a … Read more

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