Constitutional Law

Ans: The relationship between Fundamental Rights and Directive Principles of State Policy (DPSP) can be described as follows: Complementary Nature Fundamental Rights and DPSP are considered complementary to each other. While Fundamental Rights focus on individual rights and liberties, DPSP emphasises the goals and principles the state should strive to achieve in the social and economic spheres. Both sets of provisions aim to secure a just and equitable society. Non-Justiciability of DPSP Unlike Fundamental Rights, which are justiciable and can be enforced in courts, DPSPs are non-justiciable. This means that individuals cannot directly approach courts for their enforcement. However, DPSP provides guiding principles to the state in formulating policies and legislation. Harmony and Harmonious Construction The courts have emphasised the need for harmony between Fundamental Rights and DPSP. The Doctrine of Harmonious Construction guides the interpretation of constitutional provisions in a ...

Ans:  In   Ashok Kumar Thakur vs Union of India (2008),   the Supreme Court clarified that no distinction should be made between the two sets of rights. Fundamental Rights are civil and political rights, while Directive Principles deal with social and economic rights. The fact that Directive Principles are not enforceable in a court of law does not imply that they are subordinate. Overall, these cases highlight the interconnectedness of Fundamental Rights and Directive Principles. Neither is considered supreme over the other. The government has undertaken various acts to implement these principles, such as establishing Panchayats through the 73rd Amendment, creating Nagar Palikas under Article 41 and including compulsory education for children below the age of 14 as a Fundamental Right. Additionally, the government has enacted laws, such as the Ancient and Historical Monuments and Archaeological Sites and Remains (Declaration of National Importance) Act, 1951, to protect ...

Ans:  In  Dalmia Cement vs Union of India,  the Supreme Court stated that Fundamental Rights and Directive Principles are supplementary and complementary. It also emphasised that the preamble to the Constitution, which provides an introduction to the Constitution, encompasses both Fundamental Rights and Directive Principles as the conscience of the Constitution.

Ans:  In the case of  Olga Tellis vs Bombay Municipal Corporation (1985),  the Supreme Court highlighted the significance of Directive Principles in the country’s governance, emphasising that equal importance should be given to the meaning and concept of Fundamental Rights.

Ans:  In the  State of Kerala vs N.M. Thomas (1976),  the Supreme Court emphasised that Fundamental Rights and Directive Principles should be construed to allow them to coexist. The court stated that every effort should be made to resolve their disputes.

Ans:  Article 31C was inserted by the  25th Amendment Act of 1971 . It contained provisions related to the saving of laws giving effect to certain directive principles. It contains the following provisions: No law that seeks to implement all or any of the directive principles specified in Part IV shall be void on the ground of contravention of the fundamental rights conferred by Article 14 (equality before law and equal protection of laws) or Article 19 (protection of six rights in respect of speech, assembly, movement, etc.)

Ans:  In the  Minerva Mills Case , the court held that the law under Article 31(C) would be protected only if it is enacted to implement the directive in Article 39(b) and (c) and not for any other Directive Principle. Previously, protection was given to all Directive Principles, but after this case, such protection was restricted. It was declared that protecting all Directive Principles would render them void and unconstitutional.

Ans:  In the case of  Pathumma vs the State of Kerala in 1978 , the Supreme Court emphasised the purpose of DPSP, which is to achieve certain social-economic goals. The Constitution aims to strike a balance and create a combination between DPSP and Fundamental Rights, a principle reflected in several other cases.

 Ans:  In the case of  Kesavananda Bharathi in 1973 , the Supreme Court ruled that Parliament could amend any part of the Constitution. Still, it should not destroy the basic structure of the Constitution. As mentioned earlier, the second clause of Article 31(C) was declared unconstitutional and void as it went against the basic structure. However, the first clause of Article 31(C) was deemed valid. In response, the Parliament enacted the 42nd Amendment Act in 1976, expanding the scope of Article 31(C) provisions.

Ans:  According to the Doctrine of Harmonious Construction, the Constitution’s provisions should be interpreted and constituted to allow Fundamental Rights and DPSP to work in harmony, avoiding conflicts between them. The court aims to construe each provision of the Constitution so they can function together seamlessly. The court held that no conflict will arise if there is no inherent conflict. However, suppose a conflict arises due to the court’s interpretation of a particular law. In that case, the court should make efforts to give effect to both Fundamental Rights and DPSP as much as possible. The objective is to connect Fundamental Rights and DPSP without requiring any amendments. If conflicts persist despite attempts to maintain balance, the court must prioritise the implementation of Fundamental Rights over DPSP.

Ans:  In the case of   Champak Dorairajan vs the State of Madras , the Supreme Court ruled that DPSP cannot override the provisions of Part III of the Constitution, which includes Fundamental Rights. DPSP must operate subsidiary to Fundamental Rights and should not contradict them. This judgment was crucial, and in response, the Parliament amended various fundamental rights conflicting with DPSP. Moving on to the case of the Kerala Education Bill, the Supreme Court introduced the Doctrine of Harmonious Construction. This doctrine emphasises that constitutional provisions should be interpreted to allow Fundamental Rights and DPSP to work harmoniously, avoiding conflicts between them.  The court held that if there is no inherent conflict, both should be given effect. However, if a conflict arises due to the interpretation of a particular law, the court should strive to harmonise both as much as possible.

 Ans:  In the case of  Golak Nath vs the State of Punjab (A.I.R. 1976 S.C.R. (2) 762),  the Supreme Court held that Fundamental Rights cannot be diluted, abridged, diminished or taken away. In response, the Parliament introduced an Amendment Act and inserted Article 31(C) in Part III of the Constitution. Article 31(C) states that if a law is framed in line with DPSP and violates Articles 14, 19 and 21 (Fundamental Rights), the law should not be declared void on these grounds alone.

Ans:  Following are the differences between Fundamental Rights and Directive Principles of State Policy:  1. Fundamental Rights are sometimes considered as a kind of restriction imposed on the State. Directive Principles are written in Part 4 of the Constitution of India. They are given in Articles 36-51 of the Constitution of India. 2.  The basic rights that are guaranteed to Indian citizens by the Constitution of India are known as Fundamental Rights. Directive Principles of the Indian constitution are the guidelines to be followed by the Government while framing policies. 3.   Political Democracy is established in India with the help of Fundamental Rights given in the Constitution of India. Economic and Social Democracy is established with the help of the Directive Principles of State Policy. 4.  The welfare of each and every citizen is promoted through the Fundamental Rights. The welfare of the entire community is fostered with the help of Directive Pri...

Ans:  Subject Matter:  The 7th schedule comprises of three lists i.e., Union list, concurrent list and state list. The priority of union list is greater than concurrent list and the priority of concurrent list is greater than union list. The Parliament will make laws in following subject matters and will supercede in the following matters: 1. National Emergency President's Rule. 2. Rajya Sabha passes a resolution 3. On state's request 4. Implementing international agreements. Doctrine of Pith and Substance: 1. Prafulla Kumar V. Bank of Commerce The doctrine of pith and substance comprises of three tests i.e., Object,  Scope and Effect. The main nature of Bengal Money laundering act is to govern the money lending activities and it is incidentally encroaching upon the matter of promissory note but this act was held to be valid. Similarly,  in case of State of Bombay Vs. F. N. Balsara,  AIR 1951, SC 318, the law was made regarding sale,import and profession of liqu...

 Ans:  The extra territorial jurisdiction is mentioned in 6th schedule and it is mentioned that the governors of state can repeal and amend the laws of parliament in tribal districts of Assam, Mizoram, Meghalaya and Tripura . So these three are the exceptions of law making power of parliament.

Ans: The second exception is 5th schedule where scheduled areas are covered.  According to this schedule,  the governors of these respective states have the power that at any point of time, they can declare that the laws of parliament will not be applicable in these tribal areas.

Ans: The first exception is Article 240 which mentions that in four union territories I.e., Dadar and Nagar Haveli, Daman and Diu, Andaman and Nicobar Islands and Lakshadweep Islands,  the president has the power to make regulations for their peace, progress and good governance. The regulation making power of president is so strong that the president can amend,  repeal and modify the law of parliament in these union territories.

Ans: No, Parliament has not the absolute power of law making under Article 245 of Indian Constitution. There are three exceptions of it.

Ans: The laws for extra territorial operation will be based on territorial nexus test. Wallace Brothers And Co. Ltd. vs The Commissioner Of Income-Tax on 17 February, 1948. There was a company which was registered in England and its partnership was in India. Since the major income of this company is from India, the Indian Income Tax Authority has the power to put tax on it. If the parliament would like to make laws and if the parliament would like to make laws on  subject matters of extra territorial jurisdiction, there must be reasonable connections between the subject matters. The parliament has the power to make laws for the centre as well as for extra territorial jurisdiction . The state can not make laws for extra territorial jurisdiction.

Ans: The centre had three powers i.e, legislative,  Administrative and Financial. The powers of centre and state are divided into legislative relations, administrative relations and financial relations. The legislative relations are connoted from 245 to 255. The jurisdiction between centre and state are also divided in territorial jurisdiction and subject matter jurisdiction. According to Article 245(1), the parliament has the power to make laws for a particular territory or for whole territory. The state legislature has the power to make laws for a particular part or whole territory of state in accordance with Article 245(2). The Parliament also has the power to make laws for extra territorial operation in accordance with Article 245(3) of Indian Constitution.  

Ans: There are three lists i.e., Union List, State List and concurrent list. There are two forms of government I.e., Unitary and Federal. In Unitary form, maximum power or only source of power lies within state. The example of Unitary form of Government are France, Japan and China . In federal form of government,  the powers are divided between both centre and state. The example of federal form of government are United States and India.

Ans: Financial Emergency  As per Article 360, a Proclamation of Financial Emergency may be issued, if the President is of the opinion that such a situation exists where the financial stability of India or any part of the territory is threatened. Duration The Proclamation of Financial Emergency shall cease to operate after 2 months unless it has been approved by both the Houses of Parliament. In a case where during the issuance of Proclamation the Lok Sabha has been dissolved or its dissolution takes place within the said period of 2 months and the Rajya Sabha has approved the proclamation but the Lok Sabha has not approved it. Then, such a proclamation shall not operate unless before the expiry of 30 days Lok Sabha has passed a resolution approving proclamation.

Ans:  State Emergency: As per Article 356, if the President after receiving a report from the Governor of a State or otherwise is satisfied that such a situation exists where the Government of a State cannot be carried in accordance with the provisions of the Constitution, he may issue a Proclamation. As per Article 356, if the President after receiving a report from the Governor of a State or otherwise is satisfied that such a situation exists where the Government of a State cannot be carried in accordance with the provisions of the Constitution, he may issue a Proclamation. Duration:  When a Proclamation is issued under Article 356, it shall be first laid before each House of the Parliament. Such Proclamation shall remain in operation for 2 months unless before the expiry of the said period it has been approved by both Houses of the Parliament according to Article 356(3). Suppose in a case where the Lok Sabha has been dissolved during the issuance of a proclamation of emerge...

Ans: Executive: ·         During a national emergency, the executive power of the centre extends to directing any state regarding the way in which its executive power is to exercised. ·         In normal times, the union can give executive directions to a state only on certain specified matters. ·         Thus, the state government are brought under the complete control of the centre, though they are not suspended.

Ans:  A proclamation of emergency has drastic and wide-ranging effects on the political system of the government. The consequences can be grouped into three categories: Effect on the Centre – State relations, Effect on the life of Lok Sabha and State Assembly, and Effect on the Fundamental Rights.

Ans: It must be approved by both the houses of parliament within one month from the date of its issue .   If the Lok Sabha is not in session or has been dissolved then the proclamation has to be approved within 30 days since the new LS is constituted.  Once approved the proclamation continues to be in force for six months. Such proclamations can be extended indefinitely, however, each extension should be approved by the Parliament through a special majority (44th amendment act, 1978).  Emergency can be  revoked at any time   by the President by passing a subsequent proclamation to this effect. The emergency must be revoked if  the Lok Sabha passes a resolution by a simple majority   disapproving its continuation.

Ans:  Minerva Mills Ltd. & Ors vs Union Of India & Ors on 31 July, 1980. In Minerva Mills case,  the  Supreme Court held that the proclamation of a national emergency can be challenged in a court on the ground of malafide or that declaration was based on wholly extraneous and irrelevant facts

Ans: Originally, the constitution had internal disturbance as one of the grounds for imposing national emergency, however, this was dropped since the ground was ambiguous and open to misuse. It was replaced by armed rebellion through the 44th amendment act, 1978.  ·         This emergency can be imposed by the President after receiving a written recommendation from the cabinet. This provision was introduced through the 44th amendment act. 

Ans: Cabinet consists of senior ministers, while Council of Ministers includes all ministers. Cabinet is a part of council of ministers. 

Ans:  When a national emergency is declared on the grounds of ‘war’ or ‘external aggression’, it is known as ‘External Emergency’. On the other hand, when it is declared on the grounds of ‘armed rebellion’, it is known as ‘Internal Emergency’. Under Article 352, the president can declare a national emergency when the security of India or a part of it is threatened by war or external aggression or armed rebellion. The President can declare a national emergency even before the actual occurrence of war or armed rebellion or external aggression.

  Ans:  India i.e. Bharat is an “own kind” federal republic. During an emergency, it possesses unitary functionality. That’s why  Dr. B. R Ambedkar declared the Indian Federal structure special because throughout an emergency it becomes fully unitary.  In an emergency, the mechanism becomes a unitary trait as the constitutional apparatus fails. Constitutional apparatus fails during emergency.  

Ans: Despite chest thumping of the majority for national pride, swadesh has rarely been the choice for the best of Indian minds who first choose to study abroad and then also make foreign countries their home by working there. The colonial mindset can also be the reason.  Brain drain is a global phenomenon where the brightest of Human Resources are absorbed by other nations and it is a consequence of a system in which an economy is still too controlled and cannot create opportunities for its best, according to economists. Indian minds, are everywhere, including Parag Agarwal who was made the CEO by Twitter and Leena Nair, who took charge of luxury brand Chanel. The list is endless, from Indra Nooyi, Satya Nadella, Gita Gopinath, Sundar Pichai and Shantanu Narayan being some of the other notable names already on it.

Ans: I t is not ironic enough that a brimming economy fails to absorb its young population in work in India. The unemployment levels has been risen with education, in accordance with the Centre for Monitoring Indian Economy (CMIE) data.  The situation is aggravated by not just a lack of suitable jobs but also the problems of a skills-opportunity mismatch, and corruption also plagues the job situation in the country. Other issues such as nepotism, gender and caste discrimination continue to dominate the job market. These problems exist in the west as well but are not as acute as they are in India.  Technology giant Apple took cognizance of the matter and had to update general employee conduct policy to prohibit discrimination on the basis of caste.  While the outflow of human capital from India cannot be entirely eradicated, there can be focused initiatives to bring the Indian diaspora back. There is a massive challenge before the government, however, if it is tackled in t...

Ans: A large number of Indian students are also flocking to universities in the UK, Canada, Australia and other developed countries. The passion for foreign education is not confined to rich kids alone. At least 42% students who wish to take up a master’s course abroad are from the lowest income group with an annual income less than $10,000, in accordance with an iSchoolConnect study.

Ans:  The US remains the top destination for students looking for higher education options which also coincides with the fact that the country continues to offer lucrative future opportunities. Most of the Indian students studying in the US are registered in master’s programmes. The bulk of Indian students choose maths, computer science, and business management, which are also high paying courses when it comes to jobs as opposed to Arts and Humanities.

Ans:  Studying abroad is in vogue especially with rich Indians because foreign universities provide not just better education, but also better job prospects. It is no surprise that Indian students in foreign universities also choose foreign nations for working.

Ans: A large chunk of students go to USA for education and the average expenditure on students are 28 billion dollar which leads to dwindling foreign exchange reserve.  The annual expenditure is expected to touch $80 billion by 2024, according to the Higher Education Abroad report released by RedSeer.

Ans: Foreign exchange reserves are assets held on reserve by a central bank in foreign currencies. These reserves are used to back liabilities and influence monetary policy. It includes any foreign money held by a central bank, such as the U.S. Federal Reserve Bank.  A recent Reserve Bank of India report shows that India's total foreign exchange reserves stood at $595 billion in Q2 2023. This includes foreign currency assets, gold, special drawing rights (SDRS, or supplementary reserve assets maintained by the IMF) and reserve position in the IMF.

Ans: The staggering fact is that a  staggering 82,000 visas have been issued between June and August 2022, compared with 62,000 visas in the same period last year. More than 200,000 Indian students joined higher education institutions in the US in 2021–22, almost a fifth more than the previous year. The number of Indian students moving to the US every year has more than doubled in the last 10 years, according to the Open Doors Report 2022 released this week.

Ans: The Emigration plagues the talent of the country if it is a brain drain and hampers the growth of the country.  

Ans: Immigration means the act of coming to your own country. Emigration means the act of leaving your own country. 

Ans: Brain drain — the emigration of highly skilled, qualified, and educated people to countries with more opportunities — has historically plagued poorer or developing countries globally. A significant and increasingly relevant example of this phenomenon is that of India.

Ans: Demerits of coalition government : The various disadvantages or weaknesses of the coalition governments are as follows: They are unstable or prone to instability. The difference of opinion among the coalition partners on policy issues leads to the collapse of the government. Leadership of the Prime Minister is a principle of parliamentary form of government. This principle is curtailed in a coalition government as the Prime Minister is required to consult the coalition partners before taking any major decision. The critics have called them as 'Super Prime Ministers' or 'Ultra Prime Ministers'. The Steering Committee or the Co-ordination Committee of the coalition partners acts as the 'Super-Cabinet', and thereby it undermines the role and position of the cabinet in the functioning of the governmental machinery. There is a possibility of the smaller constituents of the coalition government playing the role of a 'King-maker'. They demand more than the...

Ans: Merits of Coalition Government: The various advantages or strengths of the coalition governments are as follows: There is an accommodation of diverse interests in the functioning of the government. A coalition government acts as a channel to meet the expectations and redress the grievances of different groups. India is a highly diversified country. There are different cultures, languages, castes, religions and ethnic groups, and all these get represented in the coalition governments. This means that a coalition government is more representative in nature and it better reflects the popular opinion of the electorate. In other words, it represents a much more broader spectrum of public opinion than the single-party government. A coalition government comprises different political parties having their own ideologies or agendas. But, the governmental policy requires the concurrence of all the coalition partners. Therefore, a coalition government leads to consensus-based politics. In...

Ans: FEATURES OF COALITION GOVERNMENT The features or implications of coalition politics or coalition government are very well summarised by J.C. Johari in the following way: Coalitions are formed for the sake of some reward, material or psychic. A coalition implies the existence of at least two partners. The underlying principle of a coalition system stands on the simple fact of temporary conjunction of specific interest. Coalition politics is not a static but a dynamic affair as coalition players and groups dissolve and form new ones. The keynote of coalition politics is compromise, and rigid dogma has no place in it. A coalition government works on the basis of a minimum programme, which may not be ideal for each partner of the coalition. Pragmatism and not ideology is the hallmark of coalition politics. In making political adjustments, principles may have to be set aside. The purpose of a coalition adjustment is to seize power.

Ans: Coalition is a direct descendant of the exigencies of multi-party system in a democratic set-up. It is a phenomenon of a multi-party government where a number of minority parties join hands for the purpose of running the government. A coalition is formed when many splinter groups in a House agree to join hands on a common platform by sinking their broad differences and form a majority in the House.

Ans: The term coalition has been derived from the Latin word 'Coalitio' which is the verbal substantive of "Coalescece' ie: to grow up, which means to grow or together. In political sense the term coalition denotes an alliance or temporary union of political forces for forming a single Government. Coalitions are direct descendants of the exigencies of a multi-party system in a democratic regime. When several political parties join hands to form a government and exercise political power on the basis of a common agreed programme/agenda, we can describe the system as coalition politics or coalition government. Coalitions usually occur in modern parliaments when no single political party can muster a majority of votes. Two or more parties, who have enough elected members between them to form a majority, may then be able to agree on a common programme that does not require too many drastic compromises with their individual policies, and can proceed to form a government. Coa...

Ans: The coalitions were not based on ideology. Establishing anti-congress coalitions. Politics of defections from one party to another. The growth of political opportunism.

Ans: A coalition can take place in two phases i.e.,  pre-election alliance or adjustments between the parties and post election union to share political power and run the government.  

Ans: Coalition Government in India: A coalition government is a form of government in which political parties cooperate to form a government.

  Ans: Article 323A and 323B  According to Article 323A administrative tribunals are for recruitment and public service matters only. Administrative tribunals are only established by the Parliament.  The one tribunal is for the centre and one for each state and multiple tribunals can not be created for same state. Article 323B connotes the tribunals related to other matters. These tribunals can be established by both Parliament and State Legislatures and a hierarchy of tribunals may be created.

  Ans:   The only condition for the initiation of impeachment of the Indian president is the ‘violation of the constitution.’ Note: Indian Constitution contains no definition of ‘violation of the constitution.’ The impeachment process of President is given in Article 61 of Indian Constitution. (We have taken Lok Sabha as the first house to initiate the impeachment charges, however, Rajya Sabha too can initiate the impeachment charges against President and in that case, it will pass the resolution and send the charges to Lok Sabha which will investigate and pass it if it finds those charges valid.) Loksabha initiates an impeachment charges. The impeachment charges are signed by one-fourth of the members of Loksabha.  The 14 days notice is given to President of India. Lok Sabha passes an impeachment charges with two third majority and sends it to Rajya Sabha. Loksabha after signing the charges passes them to Rajya Sabha for investigation. Pms: 1/4 and 2/3 

Ans  :  According to Article 54 of Indian Constitution, there is no direct election for the Indian President. An electoral college elects him. The electoral college responsible for President’s elections comprises elected members of: Lok Sabha and Rajya Sabha(Parliament) Legislative Assemblies of the states (Legislative Councils have no role). Legislative Assemblies of the Union Territories of Delhi and Puducherry. The value of the vote of an MLA is given below: Value of the vote of an MLA= (Total Population of the State/ Total number of elected members in the state legislative assembly ) * 1/1000 Value of vote of MP=( Total value of votes of all MLAs of the states/ Total number of Elected Members of Parliament) Keywords used :  Legislative Assembly and Legislative Council are the two chambers of the State legislature. The Legislative Assembly is the lower house of the state legislature equivalent to Lok Sabha. On the other hand, an administrative board is known as the Leg...