MSP PYQs Discussion 1

Sectional Test – 1 (Polity)

Syllabus topics and themes
 Introduction

• The Government of India Act 1935 marked a significant step towards self-
governance in India.
• Linking statement – In this context, it is argued that this act laid down a
federal constitution, that is, one in which powers are divided between the
national government and the regional governments by the Constitution itself
and both operate in their respective jurisdictions independently.

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Arguments for-
• Provided for a clear division of powers between the central government and
the provincial governments.
• Act envisaged an all-India federation
• Introduced the concept of provincial autonomy
• Provinces were given independent financial powers and resources. Provincial
governments could borrow money on their own security
• Provided for a bicameral federal legislature
• Independent judiciary - provided for the establishment of a federal court which
was set up in 1937

Arguments against-
• All-India Federation never came into existence - the lack of support from the
required number of princely states.
• Dominance of the Viceroy and Governors - Governor general could act in his
individual judgement in the discharge of his special responsibilities for the
security of India. He could (a) restore cuts in grants; (b) certify bills rejected by
the legislature
• Degree of fiscal autonomy in taxation was still limited
• Amendment process not really federal – neither the centre nor the states
involved

Conclusion

The outbreak of World War II and the subsequent political developments in India,
including the rise of the Indian independence movement, led to a shift in focus away
from implementing the federal provisions of the Act. However, the Act laid the
groundwork for the constitutional framework of independent India and significantly
influenced the drafting of the Indian Constitution.
Syllabus topics and themes
 Introduction

• The Preamble to the Constitution is a brief introductory statement

that echoes its essence and conveys the document’s guiding principles.
NA Palkhivala - identity card of the Constitution
• The adjectives attach to the word Republic are Sovereign, Socialist,
Secular, Democratic.

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Description of each of these adjectives-

Sovereignty- refers to the supreme authority of a state to govern itself without
interference from external powers.
• Yes defendable – Russia-Ukraine war - taking stance in national interest (Eg oil
imports), India’s response to border skirmishes with China in 2020 (Galwan
Valley) & Doklam standoff in 2017, India’s nuclear stance – not signing NPT
• Difficult to defend – Pressure tactics from US on arms (CAATSA Act & S400
Triumpf), WTO DRM often gone against India (solar import case) & pressure to
reduce farm subsidy (de-minimus issue)
Socialist - means of production, distribution, and exchange should be owned or
regulated by the community as a whole. Aims to ensure social justice & reduce
socio-economic inequalities.
• Yes defendable – several social welfare programs - MGNREGA, Ayushman Bharat,
PM Kisan Samman Nidhi, etc
• Difficult to defend – LPG reforms & shift to market based economy, income
inequality (Oxfam Report), unemployment, and access to education and
healthcare persist
Secular: state's neutrality in matters of religion, ensuring equal treatment and
protection for all religious communities
• Yes defendable – FR under Article 25-28 (Freedom of Religion), Protection of
cultural & educational rights (Art 29-30), NCM to monitor safegurads etc,
pluralistic society
• Difficult to defend – doctrine of essentiality criticism, instances of communal
violence (Eg 2020 Delhi riots), controversies surrounding religious conversions
and cow vigilantism.
Democratic: system of government where power is vested in the people, who
exercise it either directly or through elected representatives.
• Yes defendable – free and fair elections, vibrant civil society, and robust
institutions of governance, multi-party political system, a free press, and an
independent judiciary, PRIs & ULBs (73rd & 74th Amendment)
• Difficult to defend – criminalization in politics (43% MPs), prevelance of money
& muscle power in contesting elections, lower representation of women in
politics
 Conclusion

While the ideals given in preamble remain foundational, their realization require
constant vigilance and collective effort. In the present circumstances, India faces
both opportunities and challenges in upholding its sovereignty, socialism,
secularism, and democracy, necessitating ongoing reforms and commitment to
the principles enshrined in its Constitution
 Introduction

• The Constitution of India, a “living document” adapts to the nation’s

evolving needs. Its dynamism has broadened fundamental rights,
empowered marginalised groups, and fostered a more inclusive
society, affirming its foundational role in democratic India.
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Constitutional Dynamism and the Expanding Horizons of the Right to Life and
Personal Liberty
• In Maneka Gandhi vs. Union of India (1978) - Article 21 is not merely
confined to animal existence or survival but it includes within its ambit the
right to live with human dignity.
• Olga Tellis vs. Bombay Municipal Corporation (1985) - pavement dwellers
cannot be treated as trespassers and that eviction should not lead to deprivation
of their livelihood
• State of Punjab vs. Mohinder Singh Chawla (1997)- recognized health as crucial
to life, reflecting a progressive approach to societal well-being.
• M.C. Mehta vs. Union of India - environmental rights within Article 21.
• Justice K.S. Puttaswamy (Retd.) vs. Union Of India (2017), Right to privacy
within Article 21
• Aruna Shaunbaug vs UoI (2011) - Right to die with dignity - passive euthanasia
recognized and guidelines laid down for it
• Navtej Singh Johar v. Union of India (2018) – decriminalization of
homosexuality
• Hussainara Khatoon v. State of Bihar (1980) - Right to a speedy trial - prolonged
incarceration of undertrial prisoners due to delayed trials is denial of justice
 Conclusion

The continual broadening of Article 21’s scope exemplifies the Constitution of

India’s dynamic character, ensuring every citizen’s right to a dignified life and
aligning with the evolving needs and challenges of contemporary times.
 Introduction

• Originally limited provisions in the Constitution related to environment

protection. For instance, Article 48A & Article 51A(g) to cast
responsibility on the state & citizens to protect the environment
respectively
• Linking statement – With the growing relevance of environmental
problems in the present context, it can be argued that the most
significant achievement of modern law in India is the
constitutionalization of environmental problems by the Supreme Court

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Role of Supreme Court in constitutionalization of environmental problems

• M K Ranjitsinh v UoI (2024) – Included right against climate change As a part of Article
14 and 21. It intrudes right to life, health, food, water and healthy environment .
• MC Mehta v. Union of India (1987): Introduced the “principle of absolute liability” as
per which hazardous industries will be liable for environmental damage.
• Vellore Citizens Welfare Forum v. Union of India (1996): Recognition given to the
“Precautionary Principle” and the “Polluter Pays Principle” as essential components of
Indian environmental law.
• Godavarman Thirumulpad v. Union of India (1997): It decreed that forests had to be
protected irrespective of how they were classified and who owned them. This brought
in the concept of ‘deemed forests,’ or forest-like tracts that weren’t officially classified
as such in government or revenue records but looked like them
• Subhash Kumar vs. State. of Bihar (1991): Right to life is a fundamental right under Art.
21 of the Constitution and it includes the right to a pollution free environment.
• Cooverjee B. Bharucha vs Excise Commissioner, Ajmer, 1954: Courts can impose
reasonable restrictions on the right to trade Article 19(1)(g) and occupation to protect
the environment.
 Conclusion

The judiciary has played an essential role in protecting the environment and
resolving issues that concern everyday life of a citizen. They have become a
harbinger of sustainable growth in these changing times.
 Introduction

• The Uniform Civil Code (UCC) is a Gender

legal framework that replaces Justice
personal laws of communities, with
a common set of laws governing
every citizen.
• Article 44 of the Indian Aligned
with
Simpilfies
Constitution directs the state to citizens Benefits Legal
rights System
endeavour to secure a UCC for its
citizens. However multiple factors
have for long inhibited India from
fulfilling this directive. Long term
national
integration
 Body

Factors that Inhibit India from enacting UCC

• Perceived Conflict with Fundamental Rights: Particularly freedom of religion guaranteed
under Articles 25-26
• Reduce diversity and multiculturalism: Eg it would replace unique customs and traditions of
tribals in India
• Majoritarianism Fears: amongst minorities about losing their cultural / religious freedom.
• Threat of social unrest: owing to communal politics, inciting religious enemity.
• May affect secular credentials of India: international pressure from global civil society groups
• Diverse Personal Laws and Customs: Challenging for a UCC to find common ground.
• Lack of Political Willpower: Due to electoral considerations and fear of backlash. For
example, the reversal of Shah Bano's Judgement.
• Constitutional Protection: The 5th and 6th schedules recognise customary laws and
procedures of tribal societies.
• Practical Difficulties: Like drafting, codifying, harmonizing, and rationalizing various personal
laws, and extensive consultation with stakeholders
 Conclusion

Thus implementing a Uniform Civil Code in India is replete with challenges. Yet
given the potential of UCC in ensuring national integration, secularism, gender
justice, equality, rationalisation of the legal system and reform of outdated and
regressive practices, UCC is a must. However, it must be brought about gradually
with widespread consultation and consensus-building, ensuring that it respects
the diverse cultural fabric of the nation while promoting equality and justice.
Other PYQs on this theme
• Explain the constitutional perspectives of Gender Justice with the help of relevant
Constitutional Provisions and case laws. (2023)
• “Right of movement and residence throughout the territory of India are freely available
to the Indian citizens, but these rights are not absolute. “ Comment. (2022)
• ‘Constitutional Morality’ is rooted in the Constitution itself and is founded on its
essential facets. Explain the doctrine of ‘Constitutional Morality’ with the help of
relevant judicial decisions. (2021)
• Examine the scope of Fundamental Rights in the light of the latest judgement of the
Supreme Court on Right to Privacy. (2017)
• What do you understand by the concept of 'freedom of speech and expression’? Does it
cover ‘hate speech also’? Why do the films in India stand on a slightly different plane
from other forms of expression? Discuss. (2014)
Syllabus topics and themes
 Introduction

• Article 368 of the Constitution provides for the Parliament’s power to amend
the Constitution. However, this power is not absolute and is subject to certain
limitations, as established by the Supreme Court through the doctrine of the
basic structure in the famous Kesavananda Bharati case (1973).
• Basic structure refers to the core ideals and principles that give it a structural
identity to the constitution & cannot be altered taken away even with the
constitutional amendment

Body

Basic structure doctrine: curtailed Parliament’s power in amending the

Constitution into a “limited power and not an absolute one”
• Parliament enacted the 1st Constitutional Amendment to add Article 31A - The
SC in Shankari Prasad case (1951) upheld the amendment by stating that the
Constitutional Amendment is not a ‘law’ under Article 13(2)
• However, Golaknath case of 1967 - Parliament couldn't amend Part III of the
Constitution
• In response, the government passed the 24th Constitution Amendment Act in
1971. It added a new clause in Article 13 which states that the Constitution
amendment will not be a law under this article
• Thereafter, 25th Constitution Amendment 1971, inserted Article 31C in the
Constitution which shielded any act intendenting to give effect to any Directive
Principles from judicial review.
• The Supreme Court in Kesavananda Bharati case (1973) upheld the 24th
Constitution Amendment Act in 1971. However, the Supreme Court held that the
amending power under Article 368 is limited and subject to the basic structure of
the Constitution.
• Moreover, the Supreme Court had partially struck down the 25th Constitution
Amendment Act. The blanket protection given to all DPSPs from judicial review
was declared unconstitutional.
• Additionally, 42nd Amendment Act (1976) amended Article 368 and declared
that there is no limitation on the constituent power of Parliament and no
amendment can be questioned in any court on any ground including that of the
contravention of any of the Fundamental Rights. However, the Supreme Court in
the Minerva Mills (1980) invalidated this provision as it excluded judicial review
which is a ‘basic feature’ of the Constitution.
• Furthermore, in 2015, the Supreme Court struck down the 99th Constitutional
Amendment Act dealing with the National Judicial Appointment Commission
(NJAC) as it attempted to destroy the independence of judiciary which is also a
part of basic structure.
Implication of basic structure in limiting the amending powers of the Parliament

Consequently, from various judgements of the Supreme Court, it is argued that in

future no potential amendments can be made that alters the basic structure of the
Constitution. For instance, no amendment can take away following basic features
viz., secularism (SR Bommai case), principle of equality (M Nagraj case), writ
jurisdiction (L Chandrakumar case) etc.

Conclusion

Hence, the ‘basic structure doctrine’ acts as a safety valve and helps in
preserving our core value and constitutional identity.
Other PYQs on this theme
• Starting from inventing the ‘basic structure’ doctrine, the judiciary has played a
highly proactive role in ensuring that India develops into a thriving democracy.
In light of the statement, evaluate the role played by judicial activism in
achieving the ideals of democracy. (2014)
Syllabus topics and themes
 Introduction

• Separation of powers refers to the principle of division of State’s

powers and functions into three organs viz., legislature, executive and
judiciary.
• It fosters independence and autonomy of each organ of the State.
Body
• However, unlike the US constitution which follows a strict separation of power, India
follows the principle of ‘checks and balance’.
• This principle states that each organ of the government shall act on the other organs in
such a way as to prevent them from becoming totalitarian
Constitutional provisions in India which demonstrate the principle of ‘checks and
balances’
• Parliamentary democracy: The Council of Ministers (executive) is collectively
responsible to the Lok Sabha (legislature) (Article 75). Accordingly, the Parliament uses
different instruments like question hour, censure motions, no-confidence motions, etc.,
• Judicial review: The provision of judicial review and writ under Articles 32 and 226
empowers the Supreme Court and the High Courts respectively to check the
constitutional validity of the executive and legislative actions.
• Parliament’s judicial powers: It can impeach the President for the violation of the
Constitution (Article 61). Further, it can recommend the removal of judges (including
chief justice) of the Supreme Court and the high courts (Article 124 and 218).
• Executive’s check over legislature: This is demonstrated in the form of veto
powers of the President / Governor over bills passed by the Parliament / State
Legislature (Article 111 and 200).
• Executive’s check over judiciary: The Constitution provides the President and the
Governor with clemency powers as a check against possible judicial errors
(Article 72 and 161)

Conclusion

Thus overall, the Indian Constitution embodies a meticulous fusion of checks and
balances. While achieving a strict separation of powers may not be feasible in
today's political landscape, the emphasis on checks and balances remains crucial
to curbing power abuse and upholding the rule of law.
 Conclusion

Thus implementing a Uniform Civil Code in India is laced with challenges. Yet
given the potential of UCC in ensuring national integration, secularism, gender
justice, equality, rationalisation of the legal system and reform of outdated and
regressive practices, UCC is a must. However, it must be brought about gradually
with widespread consultation and consensus-building, ensuring that it respects
the diverse cultural fabric of the nation while promoting equality and justice.
Other PYQs on this theme
• Resorting to ordinances has always raised concerns on violation of the spirit of
the separation of powers doctrine. While noting the rationales justifying the
power to promulgate ordinances, analyse whether the decisions of the Supreme
Court on the issue have further facilitated resorting to this power. Should the
power to promulgate ordinances be repealed? (2015)
• Judicial Legislation is antithetical to the doctrine of separation of powers as
envisaged in the Indian Constitution. In this context justify the filing of large
number of public interest petitions praying for issuing guidelines to executive
authorities. (2020)
THANK YOU!