The Constitution of India, adopted by the Constituent Assembly on 26th November 1949, is the supreme law of the country. It lays down the basic structure and framework of the Indian polity, providing for the rights and responsibilities of citizens, the structure of the government, and the distribution of powers between the central and state governments.
Starting from inventing the ‘basic structure’ doctrine, the judiciary has played a highly proactive 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. (UPSC 2014, 13 Marks, )
View AnswerThe judiciary in India has been instrumental in shaping the country's democracy through its proactive role in upholding the 'basic structure' doctrine. This doctrine, established by the Supreme Court, has allowed the judiciary to actively intervene in matters concerning the protection of fundamental rights and the preservation of democratic values.
Though the federal principle is dominant in our Constitution and that principle is one of its basic features, 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. (UPSC 2014, 13 Marks, )
View Answer“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? (UPSC 2019, 15 Marks, )
View AnswerThe power of Parliament to amend the Constitution is a crucial aspect of Indian polity. However, it is important to analyze whether this power can be expanded to the extent of destroying the basic structure of the Constitution. This question has been a subject of debate and has been addressed by the judiciary in various landmark cases.