Salient Features of the Constitution Flashcards
Keshavnanda Bharati Case, 1973
Basic Structure Doctrine
Minerva Mills Case, 1980
Balance of FR and DPSP
Major Features of IC
- Lengthiest Constitution
- Drawn from various sources
- Federal System with Unitary bias
- Rigidity and Flexibility
- Parliamentary Form
- Synthesis of Parliamentary Sovereignty and Judicial Supremacy
- Independent and Integrated Judiciary
- Fundamental Rights
- Directive Principles of State Policy
- FD
- Secular State
- Universal Adult Franchise.
- Single Citizenship
- Independent Bodies
- Emergency Provisions
- Three tier Government
- Cooperative Societies
Which amendment added FD, and under which committee recommendation?
42nd Amendment, under the recommendation of Swaran Singh Committee.
Added Part IV-A , Art. 51-A- 10 FDs
86th CAA added one more
Voting age reduced to 18 years which amendment?
61st CAA, 1988
Bulwarks of the Constitution?
- EC
- CAG
- UPSC
- SPSC
Emergency provision articles
352 - National Emergency
356 & 365 : State Emergency or Presidents rule
360 - Financial Emergency
- Panchayat 2. Municipalities 3. Cooperative Societies
When were all of them constitutionally recognised
- 73rd Amendment, 1992
- 74th Amendment, 1992
- 97th Amendment, 2011
Explain the concept of separation of powers in India’s context?
Unlike US, India does not follow strict separation of powers.
System of Checks and Balances have been put in place.
Art 50 : Obligation over the State to separate the judiciary from the executive.
Art 123 : Ordinance making power of Prez in certain conditions
Art 121 and 211 : Legislatures cannot discuss the conduct of judge of SC or HC. Only exception is at the time of Impeachment.
Significance of Separation of powers
- Keeps away autocracy
- Efficient administration
- Division of labour, specialization.
- Prevents legislature from enacting arbitrary or unconstitutional laws.
Exceptions to Separation of Power
- Setting up independent regulator for sector of economy.
- Executive conferred with judicial powers : SDM, DM, Tehsildar
- Parliamentary form of govt : Execs are member of legislature.
- Schemes such as MPLAD, LAD
What is constitutional morality?
- Adherence to bottom line principles.
- Soul of the constitution i.e Preamble
- Major elements = Rule of Law ; Right to equality, social justice, unity and integrity, secularism, freedom of speech etc
Judgements associated with Constitutional Morality
- Sabarimala Case, 2018 : guaranteed religious freedom, gender equality, right of women to worship.
- Kesavananda Bharati Case 1973 : Basic Structure
- Naz Foundation Case : Constitutional Morality shall prevail over public morality
- Navtej Singh Johar Case : Struck down article 377.
