As a serious UPSC aspirant ought to know about Indian Polity as if it were the brochure about your future employer. Polity is interesting as well as important because it will teach you about how your future organization functions and the legal background which you will be embedded in, as a civil servant.
Polity includes all the rules of your own employment but also rules about everything else in the country- how the President of India is elected, how local governments function-basically, a blueprint for how to make the entire government structure a country. This includes mechanisms of how power should be distributed and the bodies which will wield it.
Don’t you want to know how the country you wish to serve is run and where you fit into the scheme of things? How can you change the system unless you know what the system is? Polity is all about that system.
It is in this system in which you will function as one cog in a very large machine. No surprise that as a civil servant your primary responsibility is the efficient implementations of policies- how these policies, rules and laws are made is mentioned in detail in Legislative organ of the system.
The Constitution of India is the rulebook which contains details of how the system functions. The constitution is a strange type of rule book-one which contains within it mechanisms for its own modifications (constitutional amendments).
Polity is also highly correlated with current affairs, and you should be updates about recent laws, changes and policies.
The recent farm laws issue is a case in point where some policies of the government came in direct conflict with a section of the stakeholders. The fact that sections of people with common interest can congregate and protest is in fact, a fundamental right included in the constitution.
This right is one of many- some like the right to life Art.21 has undergone many revisions and updates as ‘life’ itself has evolved in our times.
How to prepare Indian Polity for UPSC
Know that you can not capture all the details in one reading alone. The process takes long and should be done in a scientific manner- this is what the HEXATASK METHOD comes to the rescue.
The Hexatask method is a series of 6 steps that takes you through all the dimensions of learning to cover for the UPSC Exam. These steps include all the elements of the best quality learning possible as revealed by research in the Cognitive Sciences.
The 6 tasks of the Hexa-task method are Big Picture Formation, 1st Reading, 2nd Reading, Analyse PYQs, Revision, and Testing. Completing these tasks while learning a subject will ensure optimal preparation for the UPSC exam for Polity.
What you need to do to begin with is BIG PICTURE FORMATION for Indian Polity. The Masterclass linked below will do just that.
How to read Laxmikant for Polity
Indian Polity can seem like an endless list of facts to painstakingly memorize from Laxmikant. But it is something much more fascinating and easier than you would have thought.
Throughout the Laxmikant book or any other book on Indian Polity, you will run into innumerable facts, names, dates, articles and lists. Do not be intimidated by these. There is a way to cut through the jungle of facts.
Every chapter of Laxmikant or any other Polity book will be nothing but a combination of the following-
3 FUNDAMENTAL DIMENSIONS OF INDIAN POLITY = 1. RATIONALE 2. HISTORY 3. DETAILS (HDR)
The Rationale is the underlying reason behind the organization ( Supreme Court, Council of Ministers, CBI, UPSC, CAG etc) or the Functionary (Vice-President, Chief Minister, Speaker, CJI etc) or the Constitutional idea ( Fundamental Rights, writ jurisdiction, DPSP etc)
The History refers to the evolution of the idea to which has led to the current day point. For instance, the Word ‘ Secularism” was added by the 42nd Amendment Act to the Preamble in 1976 while the Right to Education was made a fundamental Right by adding Art 21A to the constitution more recently in 2002.
The Details are the Article number, the content of the articles such as the list of DPSP, Fundamental duties etc. criterion such as the types of majorities needed for passing motions in parliament etc.
- You must only focus on the Narrative and Big Picture Formation in the beginning. Deduce they WHY and the WHAT will follow automatically.
- You will need multiple readings and should not expect to learn Indian Polity satisfactorily in less than 2-3 readings
- With repeated readings, more and more details will begin to get committed to memory.
Refer to the Masterclass as many times as you need to do to capture the essence of Indian Polity.
Stay focused!
-Ravi Kapoor, IRS
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1. Our constitution has indeed taken reference from existing constitutions of the world, but it has not borrowed the constitution as it exists. For example- US constitution envisages bill of rights, while our constitution envisages rights as well as fundamental rights of all citizens of India. Thus Indian constitution is not just a copy paste work instead India constitution is a result of dedicated leaving of those makers, What we need to understand is that Indian constitution is not carbon copy of existing constitution as it exists.
2. The constitution makes the fundamental right in articles 12 to 35 it gives in the parliament the exclusive power to make laws as certain matters related to fundamental rights. The most important rights which make the list of fundamental rights are followings :- Articles 14- Rights to equality
Article 19- Rights to freedom etc .
3. Yes , the indian constitution is too rigid because it cannot be changed by central or state government. There is a defined and demarcated jurisdiction in the centre and in all states . Thus are provisions that can also change the federal structure. Therefore these are the reasons why the Indian constitution is both rigid and flexible.
4. The debate between fundamental rights and DPSP . Fundamental rights focus on individual freedoms and protection from state overreached. DPSP the provisions of the former would prevail. For example Champakan Dorairajan vs the state of Madrash (1951)
There are many issues stands but now . Reserving seats for individuals on the basis of religions, race, etc and also justiciable as by the court but DPSP is not enforced by court.
It’s great ?
Q.4)
The Indian Constitution is classified into rigid and flexible. The Indian Constitution is a unique example of the combination of rigidity and flexibility. Any constitution can be called rigid or flexible depending on its amendment process. A rigid constitution is one that requires a special procedure for its amendment
Q.5)
Fundamental rights and DPSP are considered complementary to each other. While fundamental rights focus on individual rights and freedoms, DPSP emphasizes the goals and principles that the state should strive to achieve in the social and economic spheres. Both sets of provisions aim to secure a just and equitable society.
The Supreme Court ruled that in any case of conflict between fundamental rights and the DPSP, the provisions of the former would prevail. The DPSP was supposed to be run as a fundamental rights subsidiary. The SC also ruled that Parliament can amend fundamental rights through a Constitutional Amendment Act to enact DPSP.
The debate and conflict between the fundamental rights of the state and the directive principles of democracy has been going on since Indian independence. Champakam Dorayarajan Case (1951) was the first amendment to the Indian Constitution. Made several amendments to the Indian Constitution due to several cases filed in the Supreme Court of India and High Courts
Q.1)
Yes, it is true that it has borrowed some features, but it has been designed according to the historical, religious and spiritual and maritime context of India.
Q.2)
The Constitution gives some basic freedoms to all the citizens collectively, the Constitution guarantees their fundamental rights in the form of 6 lines.
1) Right to equality.
2)Right to freedom.
3)Right against exploitation.
4)Right to freedom of religion.
5)Cultural and ideological rights
Indian constitution although has borrowed various provisions and principles from almost all the constitutions of the world but it cannot be reduced to a mere patchwork of different constitutions.
While addressing the constituent assembly on 13 December Jawahar Lal Nehru rightly said that the Indian constitution is not a copy paste from other constitution rather it’s borrowed principles have being modified to suit the Indian needs. Definitely the constitution contains various borrowed principles but is designed in a way aligned with context of India.
The most important features of the constitution is the guaranteed fundamental rights which are so sacred that they have being written down in the fundamental law of the land .
The most important rights which make the list of fundamental rights ‘ fundamental are the following
Article 14 right to equality
Article 19 right to freedom
And most importantly article 21 Aand article 32 . These rights according to me are the most sacred rights .
The Indian constitution is a blend of rigidity and flexibility. The rigidity of the Indian constitution at some places is imperative so that it is not subverted all together.
The debate regarding fundamental rights and dpsp is regarding their importance and justifiablility.
According to me both are important in their own capacities .
Two set of rights were given to the people : fundamental rights and dpsp
While fundamental rights were the most immediate ones to apply and without them a life cannot be made possible. While dpsp were also important but were not the immediate requirement.hence they were made non justifiable and these are necessary to make life meaningful and worth living not for a particular section but for all .
Currently the fundamental rights are important but they could be repealed for giving way to dpsp provided that they do not violate the basic structure of the society.
Q1. yes indian constitution is a beautiful patchwork of all the constitutions. it has derived several parts and components from several constitutions in the intrest of country welfare. India is a diverse country one size does not fit all , it has to be in the intrest of several communities, cate, race, tribes . Q2.These are the basic rights that can be claimed by the citizens when they are supressed and the government is accountable for its fruitfulness as
they are justiciable in the court of law. Q3.The Indian constitution is a amalgamation of both RIGID and FLEXIBLE. every part of the constution is amended as per chnaging terms but the basic structure of the constitution cannot be amended. Q4. directives are guidelines for the good governance of the system but they are not enforceable in the court of law .whereas funda,mental rights are justiciable.
1. The Constitution of India, though it contains constitutional ideals taken from other countries, has undergone substantial changes by incorporating constitutional amendments in relatively detailed form according to the changing conditions of people over time.
2. The provision of
(a) Guarantee and protection
(b) Justiciability
makes the fundamental rights fundamental because it allows the person to move the courts for their enforcement in cases of violation.
3. The constitution of India has both the characteristics of flexibility and rigidity. For example, the repeal of recent farm laws shows flexible form, and political upheavals for the ratification by states in issues like river water disputes show rigid form.
4. Fundamental rights protect the rights of individuals, while directive principles ensure the well-being of the entire society. However, there are instances of conflict between the two. For example, the removal of right to property from fundamental right. Further, the ongoing debate of more than fifty percent ceiling limit in reservation in some states shows the prevalence of conflicts and a requirement of balance.
1. Indian constitution has adopted many of its provisions from constitutional documents of other nations. Like fundamental rights were adopted from the US, DPSPs from Ireland. These provisions were not just copied as such, changes were made to fit them according to Indian situations. So it’s not appropriate to say that Indian constitution is mere patch-work of borrowed pieces. It is adopted and reformed to fit the aspirations of people of India.
2. Fundamental rights are based on the basic necessities of the people of society like right to equality, right to freedom, right to freedom of religion, cultural and educational rights, constitutional remedies etc. These all rights given so that state cannot encroach upon citizens for personal means and work or operate in limitations. Also if these are violated then one can directly go to higher courts and seek remedies.
3. Indian constitution is rigid in some ways and it is flexible as well. It changes its characteristic depending on the conditions. Some provisions are easy to amend, they need to pass by the parliament with simple majority while some other provisions need special majority to get amended. However some provisions like the election of president, centre-state relations need assent of more than half of the states.
4. DPSPs are ideals that are meant to kept in mind by the state while formulating policies and enact laws. Fundamental rights are justiciable rights that can be enforced by court in case of their violation. There have been instances when fundamental rights are compromised to enact DPSPs. For example: In Golakhnath vs State of punjab(1967) the Supreme Court declared that fundamental rights cannot be amended even to implement DPSPs. Later in Keshavanada Bharti vs State of Kerala (1973) the Supreme Court overruled GolakhNath judgement and came up with idea of “basic structure”. The current situation is that fundamental rights can be amended as long as it doesn’t alter the “basic structure” of the constitution. In case of conflict between the two, fundamental rights shall prevail.
1) The Constitution of india’s provisions were drawn from many countries existing Constitution as well as the government of india act 1935. Like they take concept of preamble from USA, they inspired by French Revolution idea of equality, liberty and fraternity and many more. Our Constitution maker take idea of federation but it has federal in form but unitary in spirit. Thus we can say that our Constitution maker didn’t borrowed it or copied it from other countries, however they took it as reference and formed our constitution according to the values of indian society.
2) Fundamental rights are based on the basic necessities of the people of society like right to equality, right to freedom, right to freedom of religion, cultural and educational rights, constitutional remedies etc. These all rights given so that state cannot encroach upon citizens for personal means and work or operate in limitations. Also if these are violated then one can directly go to higher courts and seek remedies.
3) The Constitution of India is neither rigid nor flexible, it is rather a mix of both. Article 368 provides for two types of amendments
a). A majority with 2/3rd members present and 50%majority.
b). A majority with consent of half of states.
Some provision can be amended by simple majority which does not comes under Article 368. So by the virtue of these we can say that our Constitution is neither rigid nor flexible.
4) Fundamental rights are made on the principles and values which required for citizens of india, while the DPSP is form of instructions given to the future government. Unlike FR, DPSP is neither justiciable nor enforceable by the courts. However just like fundamental rights, these principles are fundamental and is important for the governance of the country and it is the duty of state to apply it while making laws. So both FR and the DPSP, is helping the state and the policy to guide them, how law should make or implement. And supreme also held that Constitution is founded balance between the FR and DPSP.
That is Great
1. Is the Indian Constitution a mere Patchwork of borrowed pieces from the constitutions of other countries?
No, the constitution of India is a mere patchwork of borrowed pieces from the constitution of other countries. Even though most parts of the constitution are adapted from the Government of India Act, of 1935 and various constitutions across the globe, the members of the constituent assembly referred and got inspired from other countries’ constitutions and brought out tailored fit rules that are suitable for large masses of India.
Firstly, if we look at the rigidity of the constitution. It’s neither too rigid like the American constitution nor too flexible like Britain’s constitution.
The type of government – Parliamentary form of government is adapted from Britain and at the same time it didn’t adopt the Monarchy which prevails in Britain instead it voted for a Republic.
Our Constitution provided reservations for the weaker sections which is an invention by the constituent assembly.
Due to the diverse cultures of this land, the laws should also be diversified to satisfy the masses and the constituent assembly succeeded in this regard.
2. Which provision in the constitution makes the fundamental rights, ‘fundamental’ and how?
All the articles in part 3 of the constitution from 12-35, have the spirit of protecting people by providing them with fundamental rights but makers provided an extra edge to Article 32 – The right to constitutional remedies which take care of the violation of fundamental rights that are provided to the people of the country. A person or a citizen can approach the supreme court if his fundamental rights were violated by any other person or organization. And the supreme court directs the government to solve the issue and safeguard the citizens with their rights provided by Constitution.
3. Is the Indian Constitution too rigid? Why or why not?
Indian Constitution is neither too rigid nor too flexible instead it is in the middle path. Some parts of the constitution can be amended by a simple majority by the members of the parliament which can be said that the constitution is somewhat flexible, these amendments are not deemed to be amendments of the Constitution for the purposes of Article 368 at the same time some parts require a special majority in which the bill should get an absolute majority (more than 50%) of the total membership of the house and 2/3rd votes of the members of the house present and voting Fundamental rights and DPSP can be amended by this way
And some articles related to the Election of the President, and lists in the Seventh Schedule even needed ratification by the state legislatures. And with Kesavananda Bharathi’s case, some parts of the constitution are not touchable which whole together makes the basic structure, in this case, the amenability opts for rigidity.
4. What is the debate between Fundamental Rights and DPSP and where does the issue stand as of now?
Fundamental rights are provided to the citizens of the country to safeguard them from the government’s activism. While DPSPs are the suggestions given by the framers of the constitution that the state can use while making the policy.
Fundamental rights are the rights given immediately to the citizens in 1950, by the framers of the constitution which mainly consist of civil and political aspects whereas DPSPs are the socio-economic rights that the framers wanted to give to citizens but not immediately due to poor economic conditions at that time. So these DPSPs were kept under non-justiciable to avoid the burden on the state
The debate arises in the initial years of constitution implementation itself i.e, Champakam Dorairajan case,1951 said that Fundamental Rights would prevail over the DPSP in case of conflict between the two. However, the legislature can amend FR to give effect to DPSP.
Example- ARTICLE 15 VS ARTICLE 46
No discrimination against caste, sex, religion, etc vs State should provide opportunities to uplift the weaker sections of society. Then 15(4) was added to provide reservation to the weaker sections.
Q1) The Indian Constitution is a very unique document drafted after a hard work of three years of the constituent assembly .Though ,it has some features that are borrowed from the constitutions of the other countries but they are not exactly copied . They are absorbed in the Indian Constitution to suit its polity and governance . It is drafted considering the historical perspective , geographical diversity and its tradition and characteristics which are totally different from any other nation .
Q2) Part 3 of the Constitution provides for legal remedies for the protection of these rights against their violation by the state or other institution / individuals . It entitles the citizens of India to move the Supreme Court or High Courts for the enforcement of these rights . Article 32 empowers citizens to go directly to Supreme Court which can issue writs for enforcing FR .
Q3) Indian Constitution is a middle ground between both ( rigidity and flexibility) . The rigidity and flexibility of Indian Constitution is one of its salient features . We can see that some of the constitutions like America is considered to be rigid and constitution of U.K is considerably based on an amendability and can be called as a flexible . It can be called as rigid while considering its basic structure , Articles like Parliamentary system, Independence of Judiciary , removing basic fundamental rights etc. can not be amended as we have witnessed it in some historical judgements . Ex- Keshavananda Bharti Case . Articles related to federal system can not be easily changed . Flexibility in the constitution allows laws to be changed by amendments . Certain articles have also been amended or scrapped in order to maintain the sovereignity and integrity of the country .Ex . Removal of Article 370 .
Q4) Fundamental Rights and DPSP are the essential components of the Indian Constitution . FR are the rights granted by the Constitution to individual people . The DPSP establish many welfare state concepts . The conflict between FR and DPSP develop when the state is required to apply a directive principle that infringes citizen’s basic rights .
Q1)
Yes ,the INDIAN constitution a mere patch-work of borrowed pieces from the constitutions of other countries. India’s Constitution is a unique document which in turn became an exemplar for many other constitutions , most notably South Africa. The makers of the constitution presented to nation a document that enshrined fundamental values and highest aspirations shared by the people. This is one of the reasons why this most intricately crafted document has not only survived but becoming a living reality, when so many other constitutions have perished with the paper they were first written on.
While evolving the most balanced governmental arrangements, the makers of our constitution does not hesitate to learn from experiences of other countries. India was extremely lucky to have as Assembly that instead of being parochial in its outlook could take the best available everywhere in the world and make it their own .This is the reason it take 2years 11months that the constitution framed so late in the day are the variations made to remove the faults and to accommodate it to the needs of the country.
Q2)
Part-III of the constitution makes fundamental rights. The Motilal Nehru Committee had demanded a bill of rights as far backs as in 1928. When India became independent and constitution is being prepared , Constitution listed the rights that would be specially protected and called them “fundamental rights”. The Fundamental Rights are so important that the constitution itself ensures that they are not violated by the government. Fundamental Rights are different from other ordinary legal rights. Fundamental Rights are protected and guaranteed by the constitution of the country. Fundamental Rights may only be changed by amending the constitution itself. The Fundamental Rights are called Fundamental because they are very much essential and natural to the development of human beings. Judiciary has the powers and responsibility to protect the fundamental rights from violations by actions of the government. Above all these , fundamental rights are not absolute or unlimited rights.
Q3)
The Indian Constitution is rigid and is flexible also. The Indian Constitution can be amended according to the needs of the time. Though many such amendments have already taken place, the constitution has remained intact and its basic premises have not changed. The Constitution is a living document which keeps evolving and responding to the changing situations. Our Constitution accepts the necessity of modifications according to the changing needs of society. In the actual working of the Constitutions , there has been enough flexibility in implementing the constitution. These factors have ,made our constitution a living document rather than a static and closed rulebook.
Q4)
Fundamental rights and DPSP are complementary to each other. Fundamental Rights restrain the government from doing certain things while Directive Principles exhort the government to do certain things. Fundamental Rights mainly protect the rights of individuals while directive principles ensures the well-being of the entire society.
1. The Indian constitution is unique in its contents and spirit. It is unfair to say that it is not original and nothing new in the Indian constitution. The makers of the constitution made changes in features after borrowing. It was made suitable for Indian conditions and avoided the mistakes made in other countries
2. The fundamental rights are fundamental as they are guaranteed and protected by the constitution which is the fundamental law of the land. It is also because they are essential for the all-around development of the individual (material, moral, intellectual, and spiritual). They are enshrined in Part III – Article 12 – 35 of the constitution. They are justiciable and a person can approach the court in case of violation
3. The Indian constitution is neither rigid nor flexible but is a blend of both. The flexibility is reflected in different types of amendments including the ones under Articles 368 and others that come under the ordinary legislative process. Similarly, it is also rigid as specific provisions under the basic structure of the constitution cannot be amended.
4. FRs are rights of individuals guaranteed by the constitution DPSP are guidelines laid down for the governance of the country. The conflict arises when DPSPs infringe on the FRs of the citizens. However, in the Minerva Mills case, the Supreme court ruled that the Indian constitution is founded on the bedrock of balance between the FR and DPSP.
Q1
Most of the features of the Constitution of India are borrowed from other constitutions of the world but not all like universal adult franchise. Though the features are borrowed from others but we view all the different constitutions and extracted all the good parts of these. We make our Constitution that united the India with large diversity
Q2
Our fundamental rights are the basic human rights with enables the person to live with liberty and dignity. The essential rights of a person to live equal with all others make them fundamental. The distribution of the power of govt. cannot overcome the fundamental rights normally but only in restricted manner
Q3
Indian Constitution is mixture of rigidity and flexibility. Some provisions are too rigid like preachment of president,amendment of the Constitutionand some are flexible like changing the name, area, boundaries of the indian territories
Q4
The most common debate between fundamental rights and dpsp that which is prior.
The answer is fundamental rights though Constitution itself gives the provision of justiciable nature of fundamental rights while no such provision regarding dpsp
Q.1- our Constitution has indeed taken reference from existing Constitution of the world, but it has not borrowed the Constitution as it exists.
Q. 2- The fundamental Rights are defined in part of the Indian construction from article 12 to 35 and applied irrespective of race, place of birth, religion, caste, gender and equality of opportunity. Fundamental rights are the basic human rights enshrined in the Constitution of india which are guaranteed to all citizens
Q. 3 – The Indian Constitution is not rigid because a balance makes indian Constitution, a living document that the responds to changing time along making it durable to protect the basic tenet of democracy
Q. 4 – Fundamental rights are justiciable, as can be enforced, whereas the directive principal are not justiciable, in that, they are not enforceable in court of law. While fundamental rights established poltical democracy, directive principal set social and economy democracy.
1Q.
Ans: Although certain portions of other countries’ constitutions have been copied, we cannot argue that it is simply a patchwork of borrowed pieces because many things have been introduced, discussed, and amended to ensure the system’s flawless operation.Neither too stiff nor too flexible is the Indian constitution.For legislation, the Indian Constitution allows the judiciary to work both together and separately.
2Q.
Ans: Fundamental Rights are derived from the American constitution and are granted to every citizen of India. To make it fundamental, the constitution includes A32 (right to constitutional remidies), which makes it justiciable in court if it is violated.
3Q.
Ans: The Indian constitution is not overly rigid; it has been carefully crafted to outline the roles and responsibilities of organisations and citizens toward the nation in a well-organized manner, outlining what must be done in uncommon or extraordinary circumstances.
4Q.
Ans: Fundamental rights are justiciable, and any victim can take his case to the Supreme Court for the abolition of any of his fundamental rights, which must be enacted by the administration and legislature in strict accordance with the law. DPSP, on the other hand, is primarily concerned with citizens’ moral obligations and is not subject to legal action. Fundamental rights are justiciable, and any victim can take his case to the Supreme Court for the abolition of any of his fundamental rights, which must be enacted by the administration and legislature in strict accordance with the law. DPSP, on the other hand, is primarily concerned with citizens’ moral obligations and is not subject to legal action.
Following are my views:
1. It is right that brighter aspects have been borrowed from constitution of other countries, but we can’t say that it is simply a mere patch of borrowed pieces because a lot number of things have been included, discussed ,amended for smooth functioning of the system.
2.To make fundamental rights fundamental the constitution itself provides a provision of A32(right to constitutional remidies) which makes it justiciable in the court if violated.
3. Indian constitution is not too rigid, it is carefully designed specifying the roles and responsibilities of organization and citizen towards the nation in a well organised manner explaining things what need to be done in extraordinary/unusual situation.
4.Q4.Fundamental rights is justiciable whereas Directive principle is non justiciable.Directives has moral obligation on states to implement. At present FR enjoys supremacy over DPSP,which does not mean DPSP cannot be implemented.This can be done without affecting the basic structure which is given in kesavanda barati case 1973.
Ans. 1 – No indian Constitution is not mere a patchwork. It has some salient features too.
For example-
(a) Indian constitution is niether too rigid not too flexible.
(b) Indian Constitution enables the jusrisdiction to work is integrated as well as independently for legislation.
Ans. 2- The provision of the Constitution that fundamental rights are justiciable make them fundamental because they cannot be compromised in any situation except in National emergencies.
Ans 3- No, Indian constitutions lies in between flexibility and rigidity because of fundamental rights are justiciable while that of DPSP fundamental duties are not.
Ans 4- Fundamental rights are justiciable and any sufferer can go directly to supreme Court for abolishion of any of his fundamental right it has to be inacted strictly by executive and legislature. While, DPSP has more of a moral duties of the citizens and is not justiciable by the judiciary.
Q1.Though borrowed from various constitution ,Indian constitution is unique as it is modified according to our needs.Most of our constitution is drawn from Government of India Act 1935 like federal scheme,office of governor,judiciary etc…our constitution is blend of constitutions of British,US,Irish,Canada,Australia,Germany,USSR,France,SouthAfrica and Japan.
Q2.Fundamental rights is the magna carta of India.It is enforceable and justiciable by law.They are guaranteed and protected by Constitution. It is fundamental because it is essential for the development of individual.These are provided in Right to equality,freedom,against exploitation, freedom of religion,cultural education,Right to property,constitutional remedies. However right to property has been removed by 44th CAA .It is made a legal right under article 300A.
Q3.The Constitution of India is neither rigid nor flexible,it is mix of both. Article 368 provides for two types of amendments
1.special majority with2/3rd members present+50%majority
2.special majority+consent of half of states.
Some provision can be amended by simple majority which does not comes under A368
Q4.Fundamental rights is justiciable whereas Directive principle is non justiciable.Directives has moral obligation on states to implement. At present FR enjoys supremacy over DPSP,which does not mean DPSP cannot be implemented.This can be done without affecting the basic structure which is given in kesavanda barati case 1973.
Q.1
Ans) Indian constitution is the lengthiest and bulkiest written constitution in the world,constituted by ransanckin constitution of all known constitution from countries like British,Irish, American,Canadian,etc,and choosing the best and modifying it according to the needs and conditions which is best suited for for our country. It also derives major portion of it from the government of India act 1935. So it is not a mere patch of borrowed peices.
Q2)
Ans) Fundamental Rights are the basic rights which are given to every citizen of india and it is derived from the American constitution. To make it fundamental the constitution itself provides a provision of A32(right to constitutional remidies) which makes it justiciable in the court if violated.
03)
Ans)The Indian constitution is neither too rigid like the American constitution nor too flexible like the British constitution. It is a mixture of flexibility and rigidity because some provision requires normal majority to be amended while some provision needs special majority to be amended.
Q4.
Ans) F.R are the basic rights given to every citizen in india which are justiciable in the court if violated wheareas DPSPs are directives give to the state for better governance of the country and these are non justiciable. When conflict arises between F.R and DPSP state tries to assert the supremacy of the DPSPs over F.R but supreme court upheld the validity of F.R to be enshrined as basic structure of the constitution which cannot be violated.
1. We can say that some parts of the constitution is borrowed from other countries like -Fundamental rights from USA, DPSP from Ireland and most of it is from Government of India Act of 1935. While reading and analysing from different constitutions of the countries all over the world our great leaders have taken reference and mold the ideas according to the requirements and values of Indian society.For e.g.-Secularism, this word is taken as a reference from France as in France and other European countries their is a practice of hard Secularism but due to huge diversity in religion our Indian Constitution provides freedom to some extent.
2. Because of the two reasons- first is they are enshrined in the constitution which guarantees them and second is they are justiciable (enforceable by the court).
3. Yes, the Constitution is rigid because some special provisions are required for its amendment.
4. The conflict between Fundamental Rights and DPSP’s can also be seen as a conflict between the individual and the state. When the parliament tried to assert the supremacy of the state and DPSP over Fundamental Rights the Supreme Court uphelds the rights of individual as enshrined in the Constitution by giving appropriate judgement like in Golak Nath Case 1967 and now the Hijab controversy in karnataka.
1) Is the Indian Constitution a mere Patch-work of borrowed pieces from the constitutions of other countries?
The Constitution of india’s provisions were drawn from many countries existing Constitution as well as the government of india act 1935. Like they take concept of preamble from USA, they inspired by French Revolution idea of equality, liberty and fraternity and many more. Our Constitution maker take idea of federation but it has federal in form but unitary in spirit. That’s we can say that, Our Constitution maker didn’t borrowed it or copied it from other countries, however they take it as reference and make it according to our requirements and values of indian society.
2) Which provision in the constitution makes the fundamental rights, ‘fundamental’ and how?
Fundamental rights are rights which based on the basic necessities of the people of society. Like right to equality, right to freedom, right to freedom of religion, cultural and educational rights, constitutional remedies etc. These all rights given so that state cannot encroach upon citizens for personal means and work or operate in limitations. Also if its violated than one can directly go to higher courts for remedies. These makes fundamental rights, ‘fundamental’
3) Is the Indian Constitution too rigid? Why or why not?
There are two types of Constitution right now present: one is written, second is unwritten. Or rigid or flexible. For the rigid Constitution it requires special procedure to he followed for any change in Constitution while in flexible these process will become more easier. The Constitution of india is neither rigid nor flexible. It has both types of provisions.some provisions of the Constitution can be changed/amended by simple majority(alterations of boundaries of states) , some by special majority of parliament and some even required special majority of parliament plus agreement of half of total state(generally in state subjects) So by these we can say that our Constitution is not so rigid nor flexible.
4) What is the debate between Fundamental Rights and DPSP and where does the issue stand as of now?
Fundamental rights are made on the principles and values which required for citizens of india, while the DPSP is form od instructions given to the future government. Unlike FR, DPSP is neither justiciable nor enforceable by the courts. However just like fundamental rights, these principles are fundamental and is important for the governance of the country and it is the duty of state to apply it while making laws. So both FR and the DPSP, is helping the state and the policy to guide them, how law should make or implement. And supreme also held that Constitution is founded balance between the FR and DPSP.
Q.1
A. Yes the , constitution has patch work borrowed from other countries like us , france , germany etc.
The Constitution of India has borrowed most of its provisions from
the Constitutions of various other countries as well as from the
Government of India Act of 1935.
Dr. B.R. Ambedkar proudly acclaimed that the Constitution of India has been framed after
‘ransacking all the known Constitutions of the World’
THE FUNDAMENTAL RIGHT AND DPSP = BORROWED FROM USA AND IRISH (IRELAND )
RELATION BETWEEN EXECUTIVE AND LEGISLATURE = BRTISH CONSTITUTION
The other provisions of the Constitution have been drawn from other countries example :-
Canada, Australia, Germany, USSR (now Russia), France, South Africa, Japan
Q.2
A. Fundamental Rights borrowed from USA
Government of India Act 1935 that provision we should make Fundamental rights
Q.3
A. Yes the INDIAN CONSTITUTION IS TOO RIGID . Because its require special procedure for its amendments
ex:- AMERICAN CONSTITUTION
Q.4
A. DPSPs are not enforceable by law, but just directives to the state. But when the state tries to implement a DPSP, there can be a conflict between the Fundamental Rights of citizens and DPSP.
While Parliament often tried to assert the supremacy of the state and DPSPs over Fundamental Rights, the SUPREME COURT upheld the rights of the individual as enshrined in the CONSTITUTION by giving appropriate judgments.
ex – KESHWANAND BHARTI CASE 1973
MINERVA MILL CASE 1980
now latest there is Hijab controversy happend in which Fundamental right and State Education act are violated