Day 9 Mains Questions – Ace Answer Writing Program

Question 1: “The Indian Constitution represents a unique blend of rigidity and flexibility.” Critically examine this statement, highlighting how this balance has contributed to the Constitution’s endurance and adaptability over time. (10 Marks, 150 words)

Introduction

The Indian Constitution, adopted in 1950, is renowned for its blend of rigidity and flexibility through its amendment process (Article 368), allowing it to remain both stable and adaptable.

Body

Analysis of rigidity and flexibility –

1. Balance of Power: The rigidity ensures a balance of power and prevents arbitrary changes, maintaining stability [e.g., checks on executive power].
2. Adaptation Challenges: Flexibility sometimes leads to frequent amendments, risking instability [e.g., numerous changes in short periods].
3. Judicial Overreach: The basic structure doctrine can lead to judicial overreach, limiting parliamentary sovereignty [e.g., debate on judicial activism].
4. Inclusive Growth: Amendments reflecting social justice promote inclusivity [e.g., reservations for backward classes].
5. Political Consensus: Requirement of state ratification fosters political consensus and cooperative federalism [e.g., GST Council decisions].

Contribution to Endurance and Adaptability –

1. Stable Governance: Rigidity ensures foundational principles remain intact, fostering stable governance [e.g., protection of Fundamental Rights].
2. Responsive Legal Framework: Flexibility allows the Constitution to evolve with societal needs and global standards [e.g., environmental laws].
3. Conflict Resolution: Judicial review and basic structure doctrine help resolve conflicts between different branches of government [e.g., balance of power cases].
4. Social Equity: Amendments addressing social issues enhance the Constitution’s relevance and inclusivity [e.g., abolition of untouchability].
5. Economic Reforms: Flexibility supports economic reforms and modernization, ensuring the Constitution remains a living document [e.g., economic liberalization policies].

Conclusion

The Indian Constitution’s unique blend of rigidity and flexibility has been pivotal in its endurance and adaptability, ensuring it remains relevant and effective in governing a diverse and dynamic nation. This balance allows it to uphold core values while evolving with changing times, contributing to the stability and growth of the Indian democracy.

Question 2: Evaluate the impact of major constitutional amendments on the federal character of the Indian polity. How have these amendments altered the balance of power between the Centre and States? (10 Marks, 150 words)

Introduction

The Indian Constitution, through various amendments, has influenced the federal structure, shifting the balance of power between the Centre and the States. Key amendments illustrate this impact (e.g., Article 368)

Body

Impact of Major Constitutional Amendments on Federal Character –

1. 42nd Amendment (1976): Strengthened central authority by transferring subjects like education and forests from the state list to the concurrent list [e.g., central control over education].
2. 7th Amendment (1956): Reorganized states on a linguistic basis but centralized power by creating stronger Union territories [e.g., Delhi as a Union Territory].
3. 73rd and 74th Amendments (1992): Empowered local bodies, altering the power dynamics within states but also ensuring greater central oversight [e.g., Panchayati Raj institutions].
4. 101st Amendment (2016): Introduced GST, creating a unified tax structure, thereby enhancing central control over taxation but through a cooperative mechanism [e.g., GST Council].
5. 69th Amendment (1991): Granted special status to Delhi, giving it a legislative assembly while maintaining central control over key aspects [e.g., law and order, land].

How These Amendments Altered the Balance of Power?

1. 42nd Amendment: Centralized power by enhancing the Centre’s legislative competence, impacting state autonomy [e.g., education policy uniformity].
2. 7th Amendment: Centralized authority by merging states and Union territories, reducing state-specific legislative autonomy [e.g., Andhra Pradesh formation].
3. 73rd and 74th Amendments: Decentralized governance by empowering local bodies but created dual accountability to states and the Centre.
4. 101st Amendment: Promoted cooperative federalism but shifted significant fiscal power to the Centre, altering fiscal dynamics [e.g., unified GST implementation].
5. 69th Amendment: Created a unique model of governance in Delhi, balancing state-like autonomy with central control over critical functions [e.g., Delhi Assembly].

Conclusion

Major constitutional amendments have both centralized and decentralized the Indian polity, affecting the federal balance. These changes highlight the dynamic nature of Indian federalism, ensuring adaptability and responsiveness to evolving governance needs.

Additional Data –

• Committees: Sarkaria Commission on Centre-State relations [e.g., recommendations on federal balance].
• Examples: Judicial interpretations reinforcing federal principles [e.g., S.R. Bommai case].
• Examples: Legislative reforms promoting cooperative federalism [e.g., Inter-State Council].

Question 3: Discuss the evolution of the concept of ‘basic structure’ in Indian constitutional jurisprudence. How has this doctrine shaped the interpretation and amendment of the Constitution? (15 Marks, 250 words)

Introduction

The ‘basic structure’ doctrine, established in Indian constitutional jurisprudence, limits Parliament’s power to amend the Constitution, ensuring its core principles remain inviolable (Article 368).

Body

Evolution of the ‘Basic Structure’ Doctrine –

1. Sankari Prasad Case (1951): The Supreme Court upheld Parliament’s absolute power to amend the Constitution, including provisions relating to Fundamental Rights [e.g., Article 31 related to property rights].
2. Golaknath Case (1967): The Supreme Court ruled that Parliament could not curtail any of the Fundamental Rights, marking a significant restriction on Parliament’s amending power [e.g., Article 13 interpreted as restricting amendments].
3. Kesavananda Bharati Case (1973): This landmark case established the ‘basic structure’ doctrine, stating that while Parliament can amend the Constitution, it cannot alter its fundamental framework [e.g., judicial review, secularism].
4. Indira Gandhi v. Raj Narain Case (1975): The Supreme Court applied the doctrine to strike down clauses that violated democratic principles, such as the suspension of free and fair elections during the Emergency [e.g., the 39th Amendment].
5. Minerva Mills Case (1980): Reinforced the basic structure doctrine by ruling that the balance between Fundamental Rights and Directive Principles is a part of the basic structure and cannot be destroyed [e.g., judicial review, limited power of amendment].
6. IR Coelho Case (2007): Reaffirmed the basic structure doctrine, ruling that laws placed under the Ninth Schedule are subject to judicial review if they violate the basic structure [e.g., post-1973 laws].

Impact on Interpretation and Amendment of Constitution –

1. Strengthening Judicial Review: The doctrine empowered the judiciary to review and strike down unconstitutional amendments, preserving judicial independence [e.g., striking down parts of the 42nd Amendment].
2. Preservation of Fundamental Rights: Protected Fundamental Rights from being diluted by Parliament, ensuring their sanctity [e.g., Right to Equality under Article 14].
3. Safeguarding Democratic Principles: Ensured that any amendments do not undermine the democratic framework of the country [e.g., ensuring free and fair elections].
4. Protection of Federal Structure: Maintained the distribution of powers between the Centre and the States, preventing central overreach [e.g., autonomy of states under Article 246].
5. Guidance for Legislative Actions: Provided a clear framework for Parliament to follow while making amendments, ensuring that the core principles remain intact [e.g., respect for the basic structure during constitutional amendments].
6. Impact on Policy Making: The basic structure doctrine influences policy decisions, ensuring they align with constitutional principles [e.g., policies related to social justice and equality].
7. Ensuring Continuity and Change: Balances the need for continuity in governance with the need for progressive change, making the Constitution a living document [e.g., adaptations through amendments like the 73rd and 74th].

Conclusion

The ‘basic structure’ doctrine has become a cornerstone of Indian constitutional jurisprudence, preserving the Constitution’s integrity while allowing for necessary amendments. It underscores the balance between change and continuity, essential for a resilient democracy.

Additional Data –

• Committees: National Commission to Review the Working of the Constitution (NCRWC) emphasized the doctrine’s significance [e.g., review reports].
• Examples: Landmark judgments reflecting the doctrine [e.g., I.R. Coelho case].
• Examples: Legislative and executive actions shaped by the doctrine [e.g., 42nd and 44th Amendments].