Examine how the Indian Constitution balances between rigidity and flexibility. Does this balance help or hinder governance?

 1. Introduction

The Indian Constitution, enacted in 1950, balances rigidity and flexibility through a structured amendment process (Article 368), allowing adaptability while preserving core principles.

2. Sub-Part 1: Features Supporting Rigidity

• Basic Structure Doctrine prevents amendments that alter the Constitution’s fundamental principles [e.g., Kesavananda Bharati case, judicial independence].
• Special Majority Requirement mandates a higher voting threshold for significant amendments [e.g., 42nd Amendment, 44th Amendment].
• Federal Provisions Protection ensures state powers are preserved by requiring state ratification [e.g., GST amendment, territorial changes].
• Judicial Review allows the judiciary to nullify unconstitutional amendments [e.g., Minerva Mills case, IR Coelho case].
• Entrenched Clauses maintain specific provisions that need strict procedural changes [e.g., Articles 31B, 32].

3. Sub-Part 2: Features Supporting Flexibility

• Ordinary Legislative Process enables amending certain provisions with a simple majority [e.g., citizenship laws, parliamentary procedures].
• Adaptability facilitates changes based on emerging needs and evolving values [e.g., Right to Education, Right to Privacy].
• Emergency Provisions allow flexible governance during crises, enabling immediate action [e.g., financial emergency, president’s rule].
• Decentralized Amendments ensure local governance adaptability through state-specific amendments [e.g., state autonomy, local reforms].
• Incremental Amendments accommodate gradual reforms while maintaining stability [e.g., 73rd and 74th amendments on Panchayati Raj].

4. Conclusion
The balance of rigidity and flexibility in the Indian Constitution enhances effective governance, ensuring adaptability while safeguarding foundational principles. This balance supports SDG 16, fostering just, inclusive, and resilient institutions for sustainable governance.

5. Additional Data, Committees, Examples for Value Addition

• Committees: Sarkaria Commission recommended federal balance between center and state [e.g., center-state relations].
• Judicial Decisions: Landmark cases affirming flexibility [e.g., Golaknath case, SR Bommai case].
• Amendment Examples: Flexibility demonstrated in the 86th Amendment on Right to Education and rigidity in the Basic Structure Doctrine.

Analyze the significance of the Preamble in setting the ideological foundation of the Indian Constitution.

 1. Introduction

The Preamble of the Indian Constitution, found in the opening section, serves as a guiding principle outlining the Constitution's core values and is crucial to its ideological foundation. It aims to secure justice, liberty, equality, and fraternity for Indian citizens (Article 39A, Part IV).

2. Sub-Part 1: Ideals of the Preamble

• The Preamble promotes Justice in social, economic, and political dimensions [e.g., right to fair trial, labor rights].
• Liberty is guaranteed in thought, expression, belief, faith, and worship, ensuring personal freedoms [e.g., freedom of speech, religious choice].
• Equality advocates equal opportunity without discrimination [e.g., gender equality, reservation policies].
• Fraternity fosters unity and integrity among diverse communities [e.g., unity in diversity, communal harmony].
• Secularism emphasizes no state religion, promoting religious neutrality [e.g., secular policies, religious freedom].

3. Sub-Part 2: Function of the Preamble in Shaping Governance

• The Preamble acts as a moral guide for judicial interpretation, reflecting constitutional aspirations [e.g., Kesavananda Bharati case, Minerva Mills case].
• It sets an ethical standard for legislative actions, mandating welfare-oriented laws [e.g., education rights, welfare schemes].
• As an introductory statement, it defines India's character and governance [e.g., democratic, socialist state].
• It reflects people’s sovereignty, empowering citizens as the ultimate source of authority [e.g., electoral democracy, public participation].
• The Preamble shapes social policies, ensuring welfare for marginalized groups [e.g., affirmative action, tribal welfare].

4. Conclusion
The Preamble of the Indian Constitution is integral to establishing its ideological direction, fostering unity, justice, and equality in society. This aligns with SDG 16, promoting peace, justice, and strong institutions, essential for sustainable development.

5. Additional Data, Committees, Examples for Value Addition

• Committees: Constituent Assembly, chaired by Dr. B.R. Ambedkar, shaped the Preamble’s ideals [e.g., Advisory Committee on Fundamental Rights].
• Judicial Interpretation: Landmark judgments have upheld Preamble principles [e.g., Berubari case, Golaknath case].
• Amendment Examples: The 42nd Amendment (1976) included “socialist,” “secular,” and “integrity” in the Preamble.

Fundamental Rights: Probable Questions

 

1. What are fundamental rights guaranteed under the Constitution?
2. Discuss: Right to Equality under the Constitution.
3. Discuss in what manner “Right to Equality” is guaranteed under Indian Constitution.
4. What is “discrimination”? State the provisions in the Constitution with regard to “prohibition of discrimination on certain grounds.”
5. Write short note on abolition of titles.
6. How is the “Right to Freedom” guaranteed under the Indian Constitution?
7. Discuss the provisions in the Constitution forbidding retrospective criminal legislation and double punishments for the same offence.
8. “No person shall be divided of his life or personal liberty except according to procedure established by law.” Comment.
9. “Article 22 of the Constitution makes provision for protection against arrest and dentition in certain cases.” Explain fully (a) the scope of and (b) the limitation of this protection.
10. Write short note on “Right against exploitation”.
11. Discuss right to freedom of religion guaranteed under the Constitution.
12. Discuss right to education guaranteed under the Constitution.
13. “No person shall be deprived of his property save by authority of law”. Comment.
14. Discuss right to property guaranteed under the Constitution.
15. Explain the writs of habeas corpus, mandamus, prohibition, quo warranto and certiorari. Under what circumstances they are available?
16. Write short notes on : Certiorari and Prohibition.
17. Write short notes on Prerogative writs.
18. Mention and briefly explain the various writs issuable under the Indian Constitution. Who may issue them?
19. What are the remedies for the enforcement of fundamental rights guaranteed under the Constitution?
20. Write short note on Quo Warranto.