Constitutional Law - Short Answer Questions

 

1. Judicial Review: Judicial review is the power of the judiciary to examine the constitutionality of legislative acts and executive orders of both the central and state governments. If any law or order is found to be in violation of the Constitution, the judiciary has the authority to declare it null and void. This principle ensures the supremacy of the Constitution and acts as a check on the powers of the legislature and the executive.
2. Doctrine of Pleasure: The Doctrine of Pleasure is a principle in constitutional law that states that certain public servants hold their office at the pleasure of the President or the Governor. This means that these officials can be dismissed by the President or the Governor without any reason or notice. However, this doctrine is subject to constitutional limitations and safeguards to prevent arbitrary dismissal.
3. Article 356 of the Indian Constitution: Article 356 provides for the imposition of President's Rule in a state. If the President, on receipt of a report from the Governor or otherwise, is satisfied that the government of a state cannot be carried on in accordance with the provisions of the Constitution, he may assume to himself all or any of the functions of the state government. This provision is meant to ensure that the governance of a state is carried out in accordance with constitutional principles.  
4.  Public Interest Litigation (PIL): PIL is a legal mechanism in India that allows individuals or     groups to file petitions in the courts on behalf of the public interest. It is a tool to address issues that affect the public at large, especially those who are marginalized or unable to approach the courts themselves. PILs can be filed in the High Courts or the Supreme Court of India and have been instrumental in bringing about significant social and environmental changes. The judiciary, through PILs, can issue directions and orders to the government and other authorities to take necessary actions to protect the rights and interests of the public.

5. State of Emergency: A State of Emergency in India can be declared under Article 352 of the Constitution. It can be proclaimed by the President of India in the event of war, external aggression, or armed rebellion. During an emergency, the central government gains sweeping powers, and the fundamental rights of citizens may be suspended. The federal structure of the country can also be altered to a unitary one to deal with the crisis effectively.

6.      Vice-President: The Vice-President of India is the second-highest constitutional office in the country. The Vice-President is elected by an electoral college consisting of members of both houses of Parliament. The primary role of the Vice-President is to act as the ex-officio Chairman of the Rajya Sabha (Council of States). In the event of the President's death, resignation, or removal, the Vice-President assumes the office of the President until a new President is elected.

7.      Amendment: An amendment refers to a formal change or addition to the Constitution. In India, the Constitution can be amended by the Parliament through a special procedure outlined in Article 368. Amendments can be proposed to address changing needs and circumstances, and they require different levels of approval depending on the nature of the amendment. Some amendments require a simple majority, while others need a two-thirds majority in both houses of Parliament and ratification by at least half of the state legislatures.

8.      Lok Adalat: Lok Adalat, or "People's Court," is an alternative dispute resolution mechanism in India. It is a forum where disputes or cases pending in the court or at the pre-litigation stage are settled amicably. Lok Adalats are organized by the National Legal Services Authority (NALSA) and other legal services institutions. They provide a platform for resolving disputes quickly and cost-effectively, without the need for lengthy court procedures. The decisions of Lok Adalats are binding on the parties and have the same status as a court decree.

9.      Jammu and Kashmir Special Status: Jammu and Kashmir was granted special status under Article 370 of the Indian Constitution. This provision allowed the state to have its own Constitution and autonomy over internal matters, except for defense, foreign affairs, finance, and communications. However, on August 5, 2019, the Government of India abrogated Article 370, effectively revoking the special status of Jammu and Kashmir. The state was reorganized into two Union Territories: Jammu and Kashmir, and Ladakh.

10.   Governor: The Governor is the constitutional head of a state in India. Appointed by the President of India, the Governor acts as the representative of the central government in the state. The Governor's duties include summoning and proroguing the state legislature, giving assent to bills passed by the state legislature, and appointing the Chief Minister and other ministers. The Governor also has the power to recommend President's Rule in the state if the government cannot be carried on in accordance with the provisions of the Constitution.

11.  Growth of Personal Parties: The growth of personal parties in India refers to the rise of political parties that are centered around a single leader or a family. These parties often rely on the charisma and influence of their leaders to garner support and win elections. While they can bring about strong leadership and decisive action, they may also lead to issues of nepotism, lack of internal democracy, and concentration of power.

12.  Freedom of Speech: Freedom of speech is a fundamental right guaranteed by Article 19(1)(a) of the Indian Constitution. It allows individuals to express their opinions and ideas without fear of government retaliation or censorship. However, this right is not absolute and is subject to reasonable restrictions in the interests of the sovereignty and integrity of India, security of the state, public order, decency, morality, and contempt of court, defamation, or incitement to an offense.

13.  Golaknath Case: The Golaknath case (1967) was a landmark judgment by the Supreme Court of India. In this case, the court ruled that Parliament could not amend the fundamental rights enshrined in the Constitution. The judgment emphasized that fundamental rights are transcendental and inviolable, and any amendment that abridges these rights is unconstitutional. This decision was later overturned by the 24th Amendment and the Kesavananda Bharati case (1973), which allowed Parliament to amend any part of the Constitution, including fundamental rights, as long as the basic structure of the Constitution is not altered.

14.  Assets of Financial Emergency: A financial emergency can be declared under Article 360 of the Indian Constitution if the President believes that the financial stability or credit of India is threatened. During a financial emergency, the central government can direct states to reduce salaries and allowances of government employees, including judges of the Supreme Court and High Courts. The government can also require all money bills and other financial bills to be reserved for the President's consideration. However, India has never declared a financial emergency to date.

15.  Judicial Restriction: Judicial restriction refers to the limitations placed on the judiciary's power to review and invalidate legislative and executive actions. While judicial review is a fundamental aspect of the Indian legal system, there are certain areas where the judiciary's power is restricted. For example, the Ninth Schedule of the Constitution contains laws that are immune from judicial review, although this immunity is not absolute and has been subject to scrutiny in cases like the Kesavananda Bharati case

16.  One Party Domination: One party domination refers to a political scenario where a single political party dominates the political landscape, often winning a majority of seats in elections and holding power for an extended period. This can lead to a lack of effective opposition and may impact the democratic process. In India, the Indian National Congress dominated the political scene for several decades after independence.

17.  Cabinet System: The Cabinet System is a feature of parliamentary democracy where the executive branch is headed by a Cabinet of ministers. The Cabinet is collectively responsible to the legislature and is led by the Prime Minister. In India, the Cabinet is composed of senior ministers who are appointed by the President on the advice of the Prime Minister. The Cabinet formulates policies, makes decisions on government matters, and ensures the implementation of laws.

18.  Basic Structure Doctrine: The Basic Structure Doctrine is a judicial principle that certain fundamental features of the Constitution cannot be altered or destroyed through amendments by the Parliament. This doctrine was established by the Supreme Court of India in the landmark Kesavananda Bharati case (1973). The court held that while Parliament has the power to amend the Constitution, it cannot change its basic structure, which includes elements like the supremacy of the Constitution, the rule of law, and the separation of powers.

19.  Anti-Defection Law: The Anti-Defection Law was enacted to prevent political defections and ensure the stability of governments. It is contained in the Tenth Schedule of the Indian Constitution, added by the 52nd Amendment in 1985. The law disqualifies elected members of Parliament and state legislatures if they defect from their party or disobey the party's directives on a vote. The objective is to curb political opportunism and maintain party discipline.

20.  Judicial Activism: Judicial activism refers to the proactive role played by the judiciary in protecting the rights of citizens and ensuring justice. It involves the judiciary stepping in to address issues that may not be adequately addressed by the legislative or executive branches. Through judicial activism, courts can interpret laws in a progressive manner, issue directives to the government, and take suo motu cognizance of matters of public interest. While it can lead to positive social change, it also raises concerns about the judiciary overstepping its boundaries.

21.  Types of Emergency: The Indian Constitution provides for three types of emergencies:

1.      National Emergency (Article 352): Declared in case of war, external aggression, or armed rebellion. It affects the entire country and can alter the federal structure to a unitary one.

2.      State Emergency (Article 356): Also known as President's Rule, it is declared if the President believes that the state government cannot be carried on in accordance with the Constitution.

3.      Financial Emergency (Article 360): Declared if the financial stability or credit of India is threatened. It allows the central government to direct states on financial matters and reduce salaries of government employees.

22.  44th Amendment: The 44th Amendment Act of 1978 was enacted to undo some of the changes made by the 42nd Amendment during the Emergency period (1975-1977). Key provisions include:

1.      Restoring the power of judicial review to the Supreme Court and High Courts.

2.      Safeguarding the rights to life and personal liberty by making them non-suspendable during an emergency.

3.      Requiring a special majority for the proclamation of a national emergency.

23.  President of India Election Process: The President of India is elected by an electoral college consisting of elected members of both houses of Parliament and the elected members of the Legislative Assemblies of States and Union territories. The election is conducted by a system of proportional representation by means of a single transferable vote. The candidate must secure a majority of votes to be elected as President.

24.  Trade: Trade refers to the exchange of goods and services between individuals, businesses, or countries. It can be domestic (within a country) or international (between countries). Trade is essential for economic growth, as it allows countries to specialize in the production of goods and services they are most efficient at and to access a wider variety of products. International trade is regulated by agreements and organizations like the World Trade Organization (WTO).

25.  Right to Education: The Right to Education (RTE) is a fundamental right in India, guaranteed under Article 21A of the Constitution. The RTE Act, 2009, mandates free and compulsory education for all children aged 6 to 14 years. It aims to ensure that every child has access to quality education and lays down norms and standards for schools, including infrastructure, teacher-student ratios, and curriculum.

26.  Habeas Corpus: Habeas Corpus is a writ provided for in the Indian Constitution that acts as a safeguard against illegal and arbitrary detention. The term "Habeas Corpus" literally means "to produce the body." It requires the detaining authority to bring the detained person before the court to justify the legality of the detention. If the court finds no valid legal reason for the detention, it orders the immediate release of the individual.

27.  Women Reservation Bill: The Women Reservation Bill, also known as the Constitution (One Hundred and Twenty-Eighth Amendment) Bill, 2023, seeks to reserve one-third of all seats for women in the Lok Sabha, State Legislative Assemblies, and the Legislative Assembly of the National Capital Territory of Delhi. The reservation will be effective after the publication of the census conducted following the Act’s commencement and will endure for a 15-year period, with potential extension determined by parliamentary action.

28.  Flexible Constitution: A flexible constitution is characterized by its adaptability and ease of amendment. Unlike a rigid constitution, which requires a special procedure for amendments, a flexible constitution can be amended with the same ease as ordinary laws. This allows for swift adjustments in response to changing societal needs. The British Constitution is an example of a flexible constitution.

29.  Advisory Jurisdiction: The advisory jurisdiction of the Supreme Court of India is provided under Article 143 of the Constitution. It allows the President of India to seek the Supreme Court's opinion on any question of law or matter of public importance. The Supreme Court's opinion in such cases is advisory and not binding on the President.

30.  Westminster Model: The Westminster Model is a democratic parliamentary system of government that originated in the United Kingdom. It features a parliamentary system where the executive branch is drawn from and accountable to the legislature. Key characteristics include a ceremonial head of state, a head of government (Prime Minister), a cabinet, and a system of parliamentary opposition. This model has been adopted by several countries, including India

31.   MLA Qualifications: To become a Member of the Legislative Assembly (MLA) in India, a person must meet the following qualifications:

·         Must be a citizen of India.

·         Must be at least 25 years old.

·         Must be a registered voter in any constituency of the state.

·         Must not hold any office of profit under the government.

·         Must not be of unsound mind or insolvent.

·         Must not have been convicted of certain offenses as specified by law.

32. Cabinet System: The Cabinet System is a feature of parliamentary democracy where the executive branch is headed by a Cabinet of ministers. The Cabinet is collectively responsible to the legislature and is led by the Prime Minister. In India, the Cabinet is composed of senior ministers who are appointed by the President on the advice of the Prime Minister. The Cabinet formulates policies, makes decisions on government matters, and ensures the implementation of laws.

33. Article 32: Article 32 of the Indian Constitution provides the right to constitutional remedies. It allows individuals to approach the Supreme Court directly for the enforcement of their fundamental rights. The Supreme Court has the power to issue writs, such as habeas corpus, mandamus, prohibition, quo warranto, and certiorari, to protect these rights. Dr. B.R. Ambedkar referred to Article 32 as the "heart and soul" of the Constitution.

34. Election Commission Composition: The Election Commission of India is an autonomous constitutional authority responsible for administering election processes in India. It consists of:

·         The Chief Election Commissioner (CEC).

·         Two Election Commissioners (ECs). The President of India appoints the CEC and ECs. The Election Commission ensures free and fair elections to the Parliament, state legislatures, and the offices of the President and Vice-President.

35. Amendment Types: The Indian Constitution can be amended through different procedures, depending on the nature of the amendment:

·         Simple Majority: Some amendments can be made by a simple majority of the members present and voting in both houses of Parliament. These are not considered constitutional amendments.

·         Special Majority: Most constitutional amendments require a special majority, which means a two-thirds majority of the members present and voting, and a majority of the total membership of each house.

·         Special Majority with Ratification: Certain amendments that affect the federal structure require a special majority in Parliament and ratification by at least half of the state legislatures.