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APPROACH – ANSWER: G. S. MAINS MOCK TEST - 1487 (2021)

Answer all the questions in NOT MORE THAN 200 WORDS each. Content of the answers is more
important than its length. All questions carry equal marks. 12.5X20=250
1. Highlight the significance of 73rd and 74th Constitutional Amendment Acts. Also, discuss some
of their important provisions.
Approach:
• Briefly introduce the 73rd and 74th Constitutional Amendment Acts.
• Write about the significance of these acts for local governance.
• Discuss some major provisions of these Acts.
• Conclude appropriately.
Answer:
Local government is a state subject under the Seventh Schedule of the Constitution and its working
was earlier dependent on the will of the state governments. As a result, many states did not have
provisions for elected local bodies. Further, neither regular elections for these bodies were
conducted nor were they empowered to work as institutions of self-government. The 73rd and 74th
Constitutional Amendment (CA) Acts passed in 1992 led to mainstreaming of these institutions and
gave them recognition and protection.
The 73rd and 74th Constitutional Amendment (CA) Acts are significant for the following reasons:
• They gave constitutional status to local governments in villages (Part IX of the Constitution)
and urban areas (Part IX-A of the Constitution).
• They gave practical shape to Article 40 contained in Part IV of the Constitution, which states
that the State shall take steps to organize village panchayats and enable them to function as
units of self-government.
• They brought the local governments under the justiciable part of the Constitution i.e. they
took away the discretion of states in the matter of formation of local governments and provided
for mandatory regular elections for these institutions.
• They instituted some compulsory provisions mandating the states to include local governance
in their respective laws and some voluntary provisions which can be adopted by states based on
local considerations.
These Acts have outlined the major provisions to be implemented by the states, including:
• Structure of local bodies:
○ The 73rd CA Act provides for a three-tier system of Panchayati Raj in every state, that is,
Panchayats at the village, intermediate, and district levels.
○ The 74th CA Act provides for the constitution of three types of Municipalities i.e. Nagar
Panchayats, Municipal Council and Municipal Corporation, based on the stage of
urbanization and territorial extent.
• Elections: Direct elections to all seats in the Panchayats at every level and for all the members
of Municipalities. The conduct of all elections to the local bodies shall be vested in the State
Election Commission.
• Reservation of Seats: Reservation of seats (both members and Chairpersons) for SCs and STs
and one-third seats for women in the Panchayats and Municipalities at the three levels.

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 • District Planning Committee: The 74th CA provides for a District Planning Committee to
consolidate the plans prepared by the Panchayats and Municipalities in the district, and to
prepare a draft development plan for the district as a whole.
• Self-government: These Acts added the Eleventh Schedule containing 29 functional items
within the purview of the Panchayats and the Twelfth Schedule containing 18 items within the
purview of the Municipalities.
• Financial Powers: States, by law, may decide on granting financial powers such as to levy,
collect and appropriate taxes, duties, tolls and fees to the Panchayats and Municipalities.
Further, the State Finance Commission will be constituted after every five years to review their
financial position.
Although these bodies are facing issues related to lack of funds, function and functionaries, local
governments in the country have been strengthened due to regular elections. These Acts have
played a significant role in the evolution of grassroots democratic institutions in the country.

2. Explaining the importance of Parliamentary privileges, discuss the need for their codification.
Approach:
• Briefly explain the concept of Parliamentary privileges.
• State their importance in the Indian Parliamentary system.
• Mention the sources of the privileges and discuss the need of codification of these privileges.
• Conclude appropriately.
Answer:
Parliamentary privileges are special rights, immunities, and exemptions enjoyed by the Parliament
as an institution and its committees and members. Some privileges are enjoyed by each
Parliamentary House collectively, such as, the right to publish reports, exclude strangers from
House proceedings etc. Some are enjoyed by the members individually, such as, freedom of speech
in the House, exemption from arrest during the Parliamentary session etc.
These privileges are considered important because of the following reasons:
• They protect the freedom of speech of the Parliamentarians and insulate them against
litigation over matters that occur in the Houses of Parliament.
• Without these privileges, the Houses can neither maintain their authority, dignity and
honour nor protect their members from any obstruction in the discharge of their duties.
At present, privileges are based on five sources: Article 105 of the Constitution, various laws of the
Parliament, rules of both the Houses of Parliament, Parliamentary conventions and judicial
interpretations. However, there is no existing law that codifies all the privileges of the two
Houses and its members based on objective guidelines on what constitutes a breach of privilege.
Need for codification of Parliamentary privileges:
• To prevent misuse of power: Codification of privileges will prevent misuse of power by the
Houses of Parliament to arbitrarily decide when and how breach of privilege occurs.
• To synergize them with the Fundamental Rights: Without codification, the privileges go
against Articles 14 and 19 of the Constitution, as they provide absolute freedom of speech in the
Parliament without reasonable restrictions.
• Clarity on privileges: It would provide clarity on the exact boundaries that may not be crossed
by the members, and on which penal action may be taken.
• Strengthen democratic traditions: It would help in prevention of silencing valid criticism by
the media on the working of the Parliament and take actions against wrong doers. For instance,
in the P.V. Narsimha Rao vs. CBI case (1998), the Supreme Court held that ‘bribe takers’ who
voted against the ‘No Confidence Motion’ were immune from prosecution due to their
privileges.
• Prevents conflict of interest: Codification would prevent conflict of interest, as currently the
Speaker acts as the complainant, advocate and the judge with regard to breach of privileges.

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 However, some experts opine that codification may erode the sovereignty of the Parliament.
There have also been arguments that privileges, if codified, will come within the ambit of judicial
scrutiny and determination, which goes against the principle of separation of powers
The National Commission to Review the Working of the Constitution, the First and Second Press
Commissions and the Press Council of India in their reports have argued for codification of these
privileges. The privileges should not be allowed to remain uncertain and vague and they must be
invoked in rare circumstances to prevent real obstruction in the legislative functioning.
Simultaneously, there should be scope for future adjustments and sovereignty of the Parliament
must be ensured. This will go a long way in strengthening the democratic institution by allowing
genuine criticism and the right to know of the people of India.

3. Mention the objectives and composition of the National Human Rights Commission. Also, throw
light on its effectiveness.
Approach:
• Give a brief introduction of NHRC.
• Mention its objectives and composition.
• Highlight successes and limitations to throw light upon its effectiveness.
• Conclude appropriately.
Answer:
National Human Rights Commission of India is a statutory body established in 1993, under the
Protection of Human Rights Act, 1993. It acts as a rights watchdog with the following objectives:
• Protection and promotion of the rights relating to life, liberty, equality and dignity of the
individual guaranteed by the Constitution or embodied in the International Covenants and
enforceable by courts.
• To strengthen the institutional arrangements through which human rights issues could be
addressed in their entirety in a more focussed manner.
• To look into allegations of excesses, independently of the government, in a manner that
would underline the government's commitment to protect human rights.
• Spreading of human rights awareness amongst the masses and encouraging the efforts of all
stakeholders in the field of human rights literacy not only at the national level but at
international level too.
The act provides for a multi-member body consisting of:
• A chairperson who is a retired Chief Justice of India or a judge of the Supreme Court.
• Two members who are serving or retired judge of the Supreme Court, a serving or retired chief
justice of a high court.
• Three members (at least one should be a woman member) who have knowledge or practical
experience in human rights.
• Seven ex-officio members who are the chairpersons of the National Commission for
Minorities/SCs/STs/Women/BCs, the National Commission for Protection of Child Rights and
the Chief Commissioner for Persons with Disabilities.
As an advisory body, the Commission has acted as a moral force upon the State and seen some
successes such as:
• Taken up the cause of marginalised sections such as prison inmates, mental health patients,
bonded labourers etc. and improved their conditions.
• Kept watch on fake encounter cases and issued guidelines to ensure timely reporting of every
death in police action.
• Vocal against draconian laws such as the Terrorist and Disruptive Activities (Prevention) Act
and Prevention of Terrorism Act. Later, these laws were repealed.
• Suo-motu cognisance of rights violation cases based on media reports. For e.g. the NHRC
issued a notice to the government over the deportation of Rohingya immigrants.

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 • Expanded reach by handling more cases and visiting different states to organise open hearings
to take cognisance of the problems.
While the Commission has contributed greatly to human rights protection in India, its effectiveness
is curtailed due to limitations such as:
• As the recommendations of NHRC are not binding, they are not implemented many times and
NHRC lacks power to enforce them.
• NHRC doesn’t have any mechanism of investigation and is dependent on other agencies for it.
• Restricted powers to investigate human rights violation by armed forces.
• A large number of grievances go unaddressed because NHRC cannot investigate the complaint
registered after one year of incident.
• Improper handling of cases due to lack of required infrastructure e.g. inadequate staff, poor
funding etc.
In this context, some have argued that NHRC needs to be revamped to make it more effective and
truly a watchdog of human right violations in the country.

4. Discuss the significance of the Preamble of Indian Constitution. Can it be amended like any
other provision of the Constitution?
Approach:
• Write a brief note on the Preamble in the introduction.
• Discuss the significance of the Preamble of the Indian Constitution.
• Then give an account of how the question of amendability of the Preamble has evolved.
Answer:
The term, ‘Preamble’ refers to the introduction or preface to the Constitution. It contains the
summary or essence of the Constitution and can be referred to as the identity card of it.
Significance of the Preamble of the Indian Constitution:
• It embodies the basic philosophy and fundamental values - political, moral - on which the
Constitution is based upon.
• It contains the grand and noble vision of the Constituent assembly and reflects the dream and
aspirations of the founding members of the Indian Constitution.
• It reveals the source of authority of the Constitution by mentioning, ‘We, the people of India.’
• It can be used in the legal interpretation of the Constitution where the language is ambiguous.
• It is the soul of our Constitution. It is the yardstick with which one can measure the worth of the
Constitution.
• It reflects the nature of the Indian state and defines the basic characters of the Constitution
through words like secular, socialistic, republic etc.
• It identifies the objectives of the Constitution by specifying terms such as justice, liberty,
equality and fraternity.
Amendability of the Preamble of the Indian Constitution:
The question of amendability of the Preamble under Article 368 was raised in the historic
Kesavananda Bharati case of 1973. It was argued in this case that the Preamble can not be amended
as it was not a part of the Constitution, as per the Berubari Union case, 1960.
However, in Kesavananda Bharati case, the Supreme Court stated that the opinion tendered by it in
the Berubari Union case, 1960 in this regard, was wrong and held that Preamble is part of the
Constitution and can be amended under Article 368, subject to the condition that no amendment
is done to the basic structure of the Constitution.
The Preamble has been amended only once so far, in 1976, by the 42nd Constitutional Amendment
Act, which added three new words, Socialist, Secular and Integrity to the Preamble.

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5. Explain the significance and analyze the scope of judicial review in India.
Approach:
• Explain the concept of judicial review in the introduction.
• Bring out the significance of judicial review in India.
• Analyse the scope of judicial review in India.
Answer:
Judicial Review is the power of the Supreme Court and High Courts to examine the constitutionality
of a law or executive orders of both the Centre and State governments. If the court arrives at the
conclusion that the law is inconsistent with the provisions of the Constitution, such a law is declared
as unconstitutional. Though the term ‘Judicial Review’ is nowhere mentioned in the constitution, the
principle of judicial review is encompassed in Article 13. The Article provides that the law to be
made should be in consonance with the norms laid down in the Constitution of India.
Significance of Judicial Review in India:
• Upholds the supremacy of the Constitution: In India, it is the Constitution that is supreme.
The law to be valid, must be in conformity with the Constitutional provisions. Thus, judicial
review controls arbitrary or unjust acts taken on behalf of the Executive and the Legislature.
• Protects the Fundamental Rights of the citizens: The power of judicial review guarantees
that the rights accorded by the Constitution are not contravened.
• Maintains federal equilibrium: The power of judicial review allows the Judiciary to invalidate
a law if it is inconsistent with the distribution of powers laid down by the Constitution.
• Provides checks and balance: Judicial review is a tool to keep a check on the public bodies and
render their accountability if their decisions go beyond their Constitutional authority.
• Upholds Rule of Law: Judicial review upholds the rule of law. It ensures that the administrative
decisions are taken rationally, in accordance with a fair procedure and within the powers
conferred by the Parliament.
Scope of Judicial Review in India:
The Constitutional validity of a legislative enactment or an executive order can be challenged in the
Supreme Court or the High Courts on the following grounds:
• If it infringes the Fundamental Rights of citizens.
• If it is outside the competence of the authority which has framed it.
• If it is repugnant to the provisions of the Constitution.
The Indian Constitution provides for the ‘procedure established by law’ and not ‘due process of law’
as in the USA. Under the ‘procedure established by law, the Supreme Court, while determining the
constitutionality of a law, examines only whether the law has been validly enacted. It is not
expected to go into its reasonability, suitability on policy implications etc. as followed under
‘due process of law’.
However, the scope of judicial review was expanded in the Maneka Gandhi case (1978), where the
Supreme Court observed that ‘procedure established by law’ does not mean any arbitrary
procedure laid down by the Parliament, but must be interpreted in the lines of the ‘due process’.
In this context, it can be said that India has attempted to strike a balance between judicial and
Parliamentary supremacy.

6. What are the foundational principles on which our Constitution is based? Why do you think it
was important to codify them in form of a written document?
Approach:
• Briefly define the Constitution and mention the foundational principles of the Indian
constitution.
• Analyse the reasons that necessitated the codification of the Constitution in the form of a
written document.
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 • Conclude accordingly.
Answer:
A Constitution is a body of fundamental principles according to which a state is constituted and
governed. As the supreme law of a country, it determines the rights of citizens, the powers of the
government and how it should function.
Values that inspired and guided the freedom struggle and were in turn nurtured by it, formed the
foundation for the Indian Constitution. These values are also embedded in the Preamble and guide
the provisions of the Indian Constitution. The foundational principles that form the basis of Indian
Constitution are as follows:
• Sovereignty: Citizens of the country through their representatives exercise the power to take
decisions on internal as well as external matters, without any external interference.
• Social justice: The framers of Indian constitution were aware of the existing social cleavages
and disparities in India. Thus, they made adequate provisions for socio-economic and political
equality for all citizens and advancement of vulnerable populations.
• Secularism: Citizens have the freedom to follow any religion and there is no official religion of
the state. The government should also treat all religious beliefs and practices with equal respect.
• Respect for diversity and minority rights: Individuals belong to cultural communities and
every community has its own values, traditions, customs and language shared by its members.
The Indian Constitution respects cultural diversity and also has provisions for protection of
religious and linguistic minorities.
• Parliamentary democracy: It is characterized by three features: (i) responsibility of the
Executive to the Lower House, (ii) democratic basis of the Lower House, (iii) the ultimate
control of the Lower House in legislative and financial matters.
• Liberty: Indian liberalism strikes a balance between the rights of individuals and community
values.
• Equality: All citizens are equal before the law of the land. Further, the government should
ensure equal opportunities for all citizens.
• Fraternity: Feeling of brotherhood and not treating a fellow citizen as inferior.
The following reasons necessitated the codification of the Constitution in the form of a written
document, in a newly independent country like India:
• A written constitution helps in clearly defining the structure and functions of the state and its
organs, proclaiming its basic principles, establishing governing institutions, and regulating the
relationship between them.
• The executive lacks the authority to alter a written constitution without undertaking the
arduous process of amending the Constitution - a procedure that is specified in the constitution
itself. This ensures that it is the Constitution, which is supreme.
• In a federal setup, a written constitution is required as it helps in clearly specifying the power
sharing arrangement at various levels of the government. Moreover, provisions that affect the
distribution of powers between the centre and states can be amended only with the consent of
at least half of the states.
• A written constitution helps in laying down limits on the powers of the government and
specifying certain fundamental rights of citizens that cannot be trespassed.
• It generates a degree of trust and coordination that is necessary for different sections of the
society to live in harmony.

7. Explaining the concept of federalism, mention the key features of federalism in India.
Approach:
• Explain what you understand by federalism.
• List the key features of federalism in India.
• Conclude by discussing the uniqueness of Indian federalism.

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Answer:
Federalism is a system of government in which the power is divided between a central authority
and various constituent units of the country. The Constitution specifies the power-sharing
arrangement between different levels of government. Different tiers of government govern the
same citizens, but each has its own independent jurisdiction in specific matters of legislation,
taxation and administration.
Even though the Constitution declares India as a ‘Union of States’, the Indian union is based on the
principles of federalism. The federal features associated with the Indian Constitution are:
• Dual polity: The Constitution establishes a dual polity consisting of the Union government at
the Centre and the state governments at the regional level.
• Division of power: The written Constitution clearly demarcates subjects which are under the
exclusive domain of the Union and those under the states and prescribes the limits within which
they must operate.
• Bicameralism: The Constitution provides for a bicameral legislature consisting of an Upper
House (Rajya Sabha) and a Lower House (Lok Sabha). The Rajya Sabha represents the states of
the Indian federation, while the Lok Sabha represents the people of India as a whole.
• Supremacy of the Constitution: The Constitution is the highest law of the land. Laws enacted
by the Centre and states must conform to its provisions.
• Rigid Constitution: The federal provisions of the Constitution (i.e., Centre–State relations,
judicial organization etc.) cannot be unilaterally changed by one level of government. It can be
amended only by the joint action of the Central and state governments.
• Independence of Judiciary: The Constitution establishes an independent Judiciary to protect
the supremacy of the Constitution by exercising the power of judicial review and to settle
disputes between the Centre and/or states over power-sharing.
The Indian Constitution has created a strong Central government to stem disintegration and bring
about social and political change. Further, it has some unique features, like the power of the Centre
to unilaterally change the area, boundary or name of a state, process of appointment of the
Governor, a single Constitution, no equality of state representation at the Rajya Sabha, Emergency
provisions, single citizenship, All-India Services etc.
However, in the S.R. Bommai case (1994), the Supreme Court laid that the Constitution is federal
and characterised federalism as its ‘basic feature’. Indian federalism has also been deemed as a
‘cooperative federalism’ to meet India’s peculiar needs. Thus, India’s federal system has dual
objectives i.e. to safeguard and promote the unity of the country and accommodate regional
diversity.

8. Give an account of the composition, mandate and functioning of the Inter-State Council in India.
Approach:
• Mention the constitutional provisions related to Inter-State Council.
• State the role of the Inter-State Council in establishing coordination between states in India.
• Conclude with a way forward for better functioning of the Inter-State Council.
Answer:
Article 263 of the Constitution mandates the establishment of an Inter-State Council (ISC) by the
President to facilitate coordination of policies and their implementation between the Union and the
state governments. In pursuance with the provisions of Article 263 and after the recommendation
of the Sarkaria Commission, the ISC was created as a constitutional body by a Presidential order in
1990.
Composition of the ISC:
The ISC was reconstituted in 2019. It now includes the Prime Minister as Chairman, Chief Ministers
of all the states, Chief Ministers and administrators of the Union Territories not having a Legislative

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 with following duties

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 • To audit receipts and expenditure of bodies or authorities substantially financed from Union
or State revenues.
• To audit the accounts of Government Companies and Corporations established by or under
the Law of Parliament, or in accordance with the provisions of respective Legislations.
Accounting Role:
• Prescription of forms in which accounts are to be kept in the Union and of the States.
• Submission of Finance Accounts and Appropriation Accounts to the President/Governor/
Administrator of Union Territory.
• Providing the necessary information to the Union and States in the preparation of their Budgets
or Annual financial statement.
Constitutional Provisions, which ensures its independence
The Constitution has made the following provisions to safeguard and ensure the independence of
CAG:
• Fixed tenure: He holds office for a fixed term of 6 years till he attains the age of 65, whichever
is earlier.
• Criteria for removal: He can be removed by the President only on two grounds i.e. proved
misbehaviour or incapacity (as a SC judge is removed) in accordance with the procedure
mentioned in the Constitution.
• Eligibility for further appointments: He is not eligible for further office, either under the
Government of India or of any state, after his retirement.
• Entitlements: Neither his salary nor his rights, in respect of leave of absence, pension or age
of retirement can be altered to his disadvantage after his appointment.
• Expenditure charges: The administrative expenses of the office of the CAG, including all
salaries, allowances and pensions of persons serving in that office are charged upon the
Consolidated Fund of India. Thus, they are not subject to the vote of Parliament.
According to Dr. B.R. Ambedkar, CAG is the most important officer under the constitution of India
and is one of the bulwarks of the democratic system of government of India.

11. It is often argued that state legislative council is an ornamental and superfluous body. Do you
agree?
Approach:
• Introduce by giving a brief background on Legislative Councils.
• Discuss the rationale behind creating the second chamber.
• Discuss reasons as to why it is considered an ornamental and superfluous body.
• Strike a balance by briefly mentioning its significance.
• Conclude appropriately.
Answer:
The Legislative Council is a partly elected, partly nominated second chamber in a state legislature.
Under Article 169 of the Indian Constitution, the Parliament may create or abolish a Legislative
Council, if the Legislative Assembly of that state passes a resolution to that effect by a special
majority.
The legislative council as the second house acts as a check on the hasty actions of the popularly
elected house and also helps eminent individuals who might not be cut out for the rough-and-
tumble of direct elections to contribute to the legislative process.
Arguably, it is also considered as ornamental and superfluous body as:
• Its very existence depends on the will of the legislative assembly as it can be abolished by a
resolution passed by the assembly. For example, the Andhra Pradesh assembly recently passed
a resolution to abolish its council.

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 • The council lacks concrete powers as it can, at most, delay ordinary bills by four months and in
matters of disagreement, the assembly can have its way without the concurrence of the council.
• Also, the council cannot reject or amend a Money Bill. It can only withhold the Bill for 14
days and only make recommendations for amendments.
• Members of legislative councils, unlike their counterparts in the assembly, cannot vote in the
election of the President or of members of Rajya Sabha.
• The council of ministers is responsible only to the Legislative assembly and not to the
council.
• The composition of the council renders it weak as partly nominated partly elected it
represents various sections and interests. This leads to unnecessary delays and disruptions.
However, its significance cannot be denied completely as there are several gaps in legislative
scrutiny done by legislative assemblies. Also, their importance can be gauged from a track record of
sincere work, relevant amendments brought, decorum and restraint in proceedings and drawing
attention of both government and public to matters of public interest by consideration of the
reports of the constitutional bodies like State Finance Commission, state public service commission
and Comptroller and Auditor General of India.
Therefore, the councils need to be empowered to act effectively and perform their functions. Only
with more and wider powers can councils act as a second chamber of states just like the Rajya
Sabha at the centre.

12. Compare the discretionary powers of the Governor of a state and the President of India.
Approach:
• Introduce by giving an account of the discretionary powers, their meaning and types.
• Enlist the discretionary powers of the President and the Governors.
• Make a brief comparison between the two.
• Conclude on the basis of the above points.
Answer:
Discretionary powers of the President or Governor are those powers which they exercises as per
their own individual judgment or without the aid and advice of the Council of Ministers.
Discretionary powers can be of two types:
• Constitutional: These are discretionary powers as mentioned in the constitution.
• Situational: These are the hidden discretionary powers derived from the exigencies of a
prevailing political situation.
The President and the Governors of states can act at their situational discretion in the
following instances:
• Appoint a Prime Minister/Chief Minister after no party has a clear majority in the election or
when the incumbent dies in the office.
• Dissolution of the Lok Sabha/ State legislative assembly when it loses its majority.
• Sending back the advice given by the Council of Ministers for reconsideration.
There are some other cases where the Governor may act in his/her discretion such as establishment
of separate development boards (for Vidarbha and Marathwada, Kutch and Saurashtra in Gujarat),
with respect to administration of tribal areas of Assam, observance of law and order as long as
internal disturbance on the Naga Hills continue etc.
The Governor has constitutional discretion in the following cases:
• Reservation of a Bill for the consideration of the President,
• Recommendation for the imposition of the President’s Rule in the State,
• Exercising his/her functions as the administrator of an adjoining union territory,
• Determining the amount payable to an autonomous Tribal District Council in the states of
Assam, Meghalaya, Tripura and Mizoram,
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 • Seeking information from the Chief Minister with regard to the administrative and legislative
matters of the state.
Indian Constitution grants discretionary powers to the Governor under Article 163(1). But it does
not explicitly grant any discretionary powers to the President of India, especially after the 42nd and
44th Amendments (1976 and 1978). The President is expressly required by Article 74 of the
Constitution to always have a council of ministers to aid and advise and to always act in accordance
with its advice in exercise of his/her functions. It is only the situational discretionary power, which
is available to both the President and the Governors of states. Thus, the Governors of States have
more discretionary powers than the President of India.

13. The Indian Constitution is a synthesis of the British principle of parliamentary sovereignty and
the American principle of judicial supremacy. Discuss.
Approach:
• Briefly discuss the British principle of Parliamentary sovereignty and the American principle of
judicial supremacy.
• Discuss how the Indian Constitution reflects a proper synthesis between the two.
• Conclude accordingly.
Answer:
The framers of the Indian Constitution gathered various features of the existing constitutions and
modified them to suit the existing conditions, large size and needs of India. In this context, the
prominent democratic models were:
• The British principle of Parliamentary sovereignty, which implies that Parliament has
absolute sovereignty with unlimited lawmaking power, which can make or unmake any
kind of law by an ordinary process of legislation. Also, the courts cannot question or review the
validity of a legislation; and
• the American principle of judicial supremacy, wherein no law of the land is beyond judicial
scrutiny. The Supreme Court, therefore, enjoys an overwhelming power of judicial review to
dismantle an act of the Legislature.
The Indian Constitution reflects a synthesis between the British principle of Parliamentary
sovereignty and the American principle of judicial supremacy in the following ways:
• In the UK, the Parliament is supreme, but in India, the Parliament enjoys limited and restricted
powers due to a written Constitution. This is discerned by the following:
○ The Constitution is the supreme law of the land in India and all state organs including the
Parliament, Judiciary, Executive etc. are bound by it. Constitutional supremacy was explicitly
echoed in the Kesavananda Bharati case (1973) and the Minerva Mills case (1980).
○ In India, there is a difference between statutory law and constitutional law and special
provisions are incorporated in the Constitution to make amendments as per Article 368.
○ Laws made by the Parliament are subject to interpretation by the Supreme Court and High
Courts (Judicial review under Article 32 and 226) in the light of ideals and objectives of the
Constitution.
• The American Constitutional scheme follows judicial supremacy and provides for ‘due process
of law’ unlike ‘procedure established by law’ as understood in the Indian Constitution.
○ The ‘due process of law’ gives wide scope to the Supreme Court to grant protection to the
rights of its citizens. It can declare laws violative of these rights void on substantive as well
as procedural grounds.
○ While in India, under ‘procedure established by law’, the scope of judicial review power of
the Supreme Court is narrower than that of what exists in the US.
○ However, the Supreme Court considerably widened the scope of judicial review in India
through its judgement in the Maneka Gandhi case (1978) by accepting the concept of natural
justice as one of the essential components of law, thereby importing the American concept
of ‘due process of law’ into our Constitution.

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 Thus, the Constitution of India has adopted a middle path between the British principle of
Parliamentary sovereignty and the American principle of judicial supremacy. While it is the
prerogative of the Parliament to amend the Constitution and make laws, it is the duty of the
judiciary to decide if the basic ideals and structure of the Constitution are transgressed by such
laws.

14. Though not justiciable, why are Directive Principles of State Policy considered fundamental in
the governance of the country?
Approach:
• Briefly discuss the Directive Principles of State Policy (DPSPs) and their nature.
• Explain why they are considered fundamental to the governance of the country.
• Conclude appropriately.
Answer:
Directive Principles of State Policy (DPSPs) are mentioned in Part IV of the Indian Constitution from
Articles 36 to 51. These principles are the instrument of instructions/ ideals that the State should
follow while formulating policies and enacting laws to promote social and economic justice among
citizens. They aim to promote the welfare of the people, provide free legal aid to the poor, protect
and improve the environment etc. However, they are not enforceable by the courts i.e. the courts
cannot compel the government to follow these principles.
The Indian Constitution under Article 37 states that ‘DPSPs are fundamental in the governance of
the country and it shall be the duty of the state to apply these principles in making laws.’ This can be
further understood as follows:
• These principles act as a guide for establishment of a welfare state where social, economic
and political justice prevail, adequate means of livelihood is available etc.
• They serve as useful beacon-lights for the courts and help them in exercising their power of
judicial review, that is, the power to determine the constitutional validity of a law.
• They reinforce the ideals of the Preamble, which resolves to secure to all citizens of India
justice, liberty, equality and fraternity.
• They facilitate stability and continuity in domestic and foreign policies in political,
economic and social spheres in spite of the changes of the party in power.
• They supplement the Fundamental Rights by creating a favourable atmosphere for the full
and proper enjoyment of the rights by the citizens; thus, filling in the vacuum in Part III by
providing for social and economic rights.
• They serve as a crucial test for the performance of the government. The people can examine
the policies and programmes of the government in the light of these declarations.
• They enable the opposition to exercise influence and control over the operations of the
government. The Opposition can check/criticize the ruling party if its activities are opposed to
the Directives.
• They serve as a common political manifesto because the ruling party, irrespective of its
political ideology, has to recognise these principles as its guide for its legislative and executive
acts.
• These principles help to establish the vision of the freedom fighters, especially Gandhiji, by
providing power and authority to the local government, promoting cottage industries and
village industries etc.
Thus, the DPSPs give a broad picture of the progressive principles on which the governance of the
country is to be based. Several provisions of the DPSPs have been adopted through Constitutional
amendments such as Constitutional status to village Panchayats, Right to Education etc. Further,
acknowledging the significance of the DPSPs, the Supreme Court in the Minerva Mills case (1980)
held that ‘the Indian Constitution is founded on the bedrock of the balance between the
Fundamental Rights and the Directive Principles.’

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15. Discuss the emergence of the concept of 'Basic Structure' vis-a-vis power of the Parliament to
amend the Constitution.
Approach:
• Discuss how the concept of the basic structure emerged with regard to the power of the
Parliament to amend the Constitution, in particular Fundamental Rights, through various
judgments and Constitutional Amendment Acts.
• State the elements of the Basic Structure as derived from the Supreme Court judgments.
• Conclude appropriately.
Answer:
The concept of the Basic Structure acts as a limitation to the amending powers of the Parliament. It
evolved as a result of various cases on the question of amendability of the constitution, particularly
the fundamental rights.
These include:
• In the Shankari Prasad case (1951), the constitutional validity of the First Amendment Act
(1951), which curtailed the Right to Property (a Fundamental Right then) was challenged. The
Supreme Court (SC) held that the power of the Parliament to amend the Constitution under
Article 368 also includes the power to amend the Fundamental Rights. Also, the word ‘law’ in
Article 13 of the Constitution does not include Constitutional amendment acts.
• In the Golak Nath case (1967), the constitutional validity of the Seventeenth Amendment Act
(1964), which inserted certain acts in the Ninth Schedule was challenged. The SC reversed its
earlier stand and ruled that the Fundamental Rights are given a ‘transcendental and immutable
position’ and hence, the Parliament cannot abridge or take away these rights. It held that a
constitutional amendment act is a law under Article 13.
• The Parliament then enacted the 24th Amendment Act, 1971 and declared that the Parliament
has the power to abridge or take away any of the Fundamental Rights under Article 368 and
such an act will not be a law under Article 13.
• In the Kesavananda Bharati case (1973), the SC overruled its judgment in the Golak Nath case
and upheld the 24th Amendment Act. However, it also laid down the doctrine of the Basic
Structure of the Constitution, which stated that the Parliament could abridge or take away the
Fundamental Rights but not those, which form a part of the Basic Structure of the Constitution.
• The Parliament enacted the 42nd Amendment Act (1976) as a response. It amended Article
368 and declared that there is no limitation on the constituent power of the Parliament and no
amendment can be questioned in any court on any ground including violation of Fundamental
Rights.
• In the Minerva Mills case (1980), the SC invalidated the provision of the 42 nd Amendment Act,
which gave unlimited Constitutional amendment power to the Parliament, as it excluded judicial
review, which is a ‘basic feature’ of the Constitution. Further, it stated that a limited amending
power of the Parliament is one of the basic features of the Constitution and not absolute
amendment.
• In the Waman Rao case (1981), the SC adhered to the Basic Structure doctrine and further
clarified that it would apply to constitutional amendments enacted after April 24 th, 1973 i.e. the
judgment date of the Kesavananda Bharati case.
From various SC judgments, some of the elements of the Basic Structure of the Constitution have
emerged. These are:
• Supremacy of the Constitution
• Sovereign, democratic and republican nature of the Indian polity
• Secular character of the Constitution
• Separation of powers between the Legislature, Executive and Judiciary
• Limited power of the Parliament to amend the Constitution
• Judicial Review
• Harmony and balance between Fundamental Rights and Directive Principles
• Independence of Judiciary

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 Currently, the Parliament under Article 368 can amend any part of the Constitution including the
Fundamental Rights without affecting the Basic Structure of the Constitution. There has also been a
difference of opinion among the judges as regards a particular element forming part of the basic
structure. While there might not be a consensus on the features that may be considered ‘basic’, SC’s
observation in Indira Gandhi’s case – the theory of basic structure has to be considered in each
individual case, not in the abstract, but in the context of the concrete problem- summarizes the
court’s approach.

16. It is not absolute separation of powers, but a system of checks and balances with regard to the
three organs of the state that the Indian Constitution envisages. Elucidate.
Approach:
• Explain what you understand by absolute separation of power.
• Explain how the Indian Constitution envisages a system of checks and balances with regard to
the Executive, Legislature and Judiciary instead of strict separation of powers.
• Conclude on the basis of the above points.
Answer:
Absolute separation of powers implies strict separation of power, functions and personnel between
the three organs of the state i.e. the Executive, Legislature and Judiciary.
In India, separation of powers has been laid under the following Constitutional provisions:
• Article 50, which states that the state shall take steps to separate Judiciary from the Executive,
to ensure independence of the Judiciary.
• As per Articles 122 and 212, validity of proceedings of the Parliament and State Legislatures
respectively cannot be called into question in any court, thus, ensuring immunity of the
members from judicial intervention.
• According to Articles 121 and 211, judicial conduct of the judges of the Supreme Court and High
Courts respectively cannot be discussed in the Parliament and State Legislatures.
• As per Article 361, the President or Governors are not answerable to any court for the exercise
and performance of their official duties.
However, in India, the three organs of the government carry out various functions, which would
generally be considered within the purview of the other due to functional overlap. This also
institutes a system of checks and balances to prevent arbitrary use of power by one organ.
This is reflected through the following:
• Executive-Legislature:
○ Under the Indian Parliamentary system, members of the political Executive are also
members of the Legislature.
○ The Executive exercises Legislature’s law-making power under delegated legislation and
also while passing ordinances under Articles 123 and 213 of the Constitution.
○ Under Article 75, the Council of Ministers is responsible to the Parliament (Lower House).
• Legislature-Judiciary:
○ The Legislature exercises judicial powers in case of breaches of its privilege, impeachment
of the President and removal of judges.
○ The Parliament has the power to enlarge the jurisdiction of the Supreme Court under Article
138 of the Constitution
○ The Judiciary uses the tool of judicial review under Articles 13, 32, 226 etc. of the
Constitution to ensure that the laws made by the Parliament and actions taken by the
Executive are constitutional.
• Executive- Judiciary:
○ Tribunals and other quasi-judicial bodies that are a part of the Executive discharge judicial
functions and mostly have a member of the Judiciary. Further, the Supreme Court, under
Article 136 of the Constitution, can grant special leave to appeal against any judgment or
order passed by any court or tribunal in India.

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 ○ The power of appointing the Supreme Court and High Court judges is vested in the
President.
Thus, in India, separation of powers has acquired its own uniqueness with sufficient checks and
balances to ensure that no organ of the state exercises arbitrary power.

17. Differentiating between pressure groups and political parties, discuss how pressure groups
exert influence on politics in India.
Approach:
• Mention how pressure groups are different from political parties.
• Highlight how the pressure groups influence politics and policy making.
• Conclude accordingly.
Answer:
Pressure groups are organizations that are formed when people with common occupation, interest,
aspirations or opinions come together in order to achieve a common objective. They often attempt
to influence the policies of the government based on their objective.
They differ from political parties in the following ways:
• Unlike political parties, pressure groups do not aim to directly control or share political power.
They remain outside the government while the political parties contest elections to form the
government.
• A pressure group usually has a narrow programme dealing only with its particular interest,
while a political party usually deals with a wide range of issues.
The influence of the pressure groups on politics in India:
The pressure groups form a crucial bridge between the government and the governed. They make
the governments more responsive to the wishes of the community in the following ways:
• Mobilize public opinion: Pressure groups carry out information campaigns, organize meetings
and file petitions to gain public support for their goals. For instance, Narmada Bachao Andolan
used these techniques to pressurize the government to ensure quick rehabilitation of displaced
people due to the construction of the Sardar Sarovar Dam.
• Coercion through protests/strikes: Workers’ organizations, employees’ associations,
movement groups etc. often resort to strikes for the government to take note of their demands.
For instance, India’s withdrawal from the RCEP was due to protests by the Bhartiya Mazdoor
Sangh and other trade unions.
• Lobbying: Business groups often employ professional lobbyists, sponsor expensive
advertisements or even send their loyalists to participate in official bodies and committees that
offer advice to the government. In India, this is done by associations like FICCI, ASSOCHAM etc.
• Legislative reforms: Various pressure groups have organised campaigns to pressurize the
government in power to formulate laws for better governance in the country. For example, the
Mazdoor Kisan Shakti Sangathan played a crucial role in the enactment of the Right to
Information Act, 2005. Similarly, campaigns and agitations by India Against Corruption played
an instrumental role in the passing of the Lokpal and Lokayuktas Act, 2013.
Further, the pressure groups promote opportunities for political participation of citizens without
the need to join a political party. They also work towards upholding the democratic rights of
freedom of speech, assembly and association.

18. The legislature in a parliamentary system ensures executive accountability at various stages.
Discuss in the context of India.
Approach:
• Briefly write about the role of legislature in ensuring executive accountability in a
parliamentary system.
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 • Discuss the various methods of parliamentary control over the executive.
• Conclude appropriately.
Answer:
In the parliamentary system of government, the political party that commands majority in the
legislature forms the government. The legislature ensures continuous executive accountability at
various stages: policy-making, implementation of law or policy and during and post-
implementation stage.
In India, there are various devices and opportunities available to legislature to ensure executive
accountability:
• Deliberation and discussion: The parliamentary control over the Ministry rests on the
premise that any action of the Ministry can be called into question by any Member and the
Minister responsible for the administration of that Ministry has to defend the acts of his officials
and take the blame for lapses. This is done through various ways and tools:
o Debates: Members debate and discuss the policy direction and manner of policy
implementation by the executives.
o Question Hour: Considered the most effective tool, through this MPs hold the government
accountable by posing questions to ministers during question hour, initiating debates or
calling attention of ministers to important issues.
o Other instruments: Zero Hour where members are free to raise any matter that they think
is important, half-an–hour discussion on matters of public importance, adjournment
motion etc. are some instruments of holding the executive accountable.
o Motion of Thanks: The debate on the President’s Address to Parliament is another
opportunity to discuss the government’s performance or voice any concern by way of
amending the motion.
o Parliamentary Committees: Various committees such as Public Account Committee etc.
scrutinize the work of the government departments and recommend suitable actions in
cases of lapses.
• Approval and ratification of laws: Parliamentary control is also exercised through its power
of ratification of laws. If the government has majority in Lok Sabha but not in the Rajya Sabha,
the government will be forced to make substantial concessions to gain the approval of both the
Houses.
• Financial control: Financial resources to implement the programmes of the government are
granted through the budget – the preparation and presentation of which is the
constitutional obligation of the government.
o This obligation allows the legislature to exercise control over the purse strings of the
government and control the policy of the government.
o The legislature at this stage can pass various cut motions- policy cut, token cut, economy
cut- to raise its concerns about the policies of the government that are reflected in the
budget.
• No Confidence Motion: The no-confidence motion is the most powerful weapon that
enables the Parliament to ensure executive accountability. However, it must be noted that
after 1989, several governments have been forced to resign due to lack of confidence of
the house. Thus, the Parliament can effectively control the executive and ensure a more
responsive government.
However, the parliamentary control in India is considered not very effective due to various reasons,
such as lack of time and expertise in Parliament; ex-post-facto nature of controls; disruptions
leading to loss of time; and majority support enjoyed by the executive in the Parliament reducing
the possibility of effective criticism. Nonetheless, the possibility of the executive being ultimately
subject to parliamentary scrutiny even if ex-post-facto, acts as a formidable tool to ensure
executive accountability. Further, the parliamentary control can be strengthened by increasingly
making use of parliamentary committees and strengthening deliberative democracy.

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19. Why is the 42nd amendment of the Indian Constitution often referred to as the 'mini-
constitution'?
Approach:
• Write a short introduction on the 42nd amendment of the Indian constitution.
• Explain its significance by highlighting the changes brought by it.
• Illustrate certain issues raised by this amendment and proceed to discuss how these were
nullified in subsequent amendments.
• Conclude accordingly.
Answer:
The 42nd Amendment of the Constitution of India, 1976, was enacted during the Emergency and
brought about the most widespread changes to the Constitution in its history, and is therefore
sometimes called a “mini-Constitution”.
The changes brought by it include the following-
• Emergency and federalism related:
o The interval at which a proclamation of Emergency under Article 356 required approval
from Parliament was extended from six months to one year.
o It facilitated the proclamation of national emergency in a part of territory of India.
o It raised the tenure of Lok Sabha and state legislative assemblies from 5 to 6 years.
o It shifted five subjects from the state list to the concurrent list including education, forests,
weights and measure, protection of wild animals and birds and administration of justice.
• Preamble: It changed the description of India in Preamble from a "sovereign democratic
republic" to a "sovereign, socialist secular democratic republic", and also changed the words
"unity of the nation" to "unity and integrity of the nation".
• Fundamental Duties: It added Fundamental Duties by the citizens (new Part IV A) to stress the
need to make people aware of the duties they have to perform along with enjoying rights.
• Directive Principles: It added new Directive Principles:
o To promote equal justice and to provide free legal aid to the poor (Article 39 A).
o To take steps to secure the participation of workers in the management of industries
(Article 43 A).
o To protect and improve the environment and to safeguard forests and wildlife (Article 48
A).
• Judiciary:
o It curtailed the power of judicial review and writ jurisdiction of the Supreme Court and high
courts.
o It provided that the laws made for the implementation of Directive Principles and to deal
with anti-national activities cannot be declared invalid by the courts on the ground of
violation of some Fundamental Rights.
• Tribunals: It provided for administrative tribunals and tribunals for other matters (Added Part
XIV A) to reduce the workload of courts and expedite decisions.
• Delimitation: It froze the seats in the Lok Sabha and state legislative assemblies on the basis of
1971 census till 2001.
• Binding advice of CoM: Article 74 was amended and it was explicitly stipulated that "the
President shall act in accordance with the advice of the Council of Ministers (CoM)".
The amendments, however, were criticised for multiple reasons:
• The amendments stripped the Supreme Court of many of its powers and moved the political
system toward parliamentary sovereignty. It curtailed democratic rights in the country, and
gave sweeping powers to the Prime Minister's Office.
o It attempted to reduce the power of the Supreme Court and High Courts to pronounce upon
the constitutional validity of laws (judicial review).
o The amendment removed election disputes from the purview of the courts.
• It transferred more power from the state governments to the central government, eroding
India's federal structure.

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 Post-emergency, the 43rd and 44th Amendments partially restored the pre-1976 position by
nullifying many changes done in the 42nd Amendment. Subsequent Supreme Court judgment
on Minerva Mills v. Union of India, 1980 declared provisions of the 42nd Amendment, which
curtailed the powers of judicial review as unconstitutional restoring the system of checks and
balances, which is an important principle of the Constitution of India.

20. Elucidate the relation between the President and the Council of Ministers as provided for in the
Indian Constitution.
Approach:
• State the nature of the Executive in India with dual heads.
• Discuss the relation between the President and the Council of Ministers as provided in the
Indian Constitution.
• Conclude on the basis of above points.
Answer:
The Constitution of India has provided for the Parliamentary form of government in the country.
Accordingly, the President has been made only a nominal executive and the real executive is the
Council of Ministers headed by the Prime Minister (PM).
Article 53 of the Constitution vests the Executive power of the Union formally in the President. In
reality, the President exercises these powers through the Council of Ministers (CoM) headed by the
Prime Minister. The relation between them can be detailed as follows:
• Binding advice to the President: Article 74 states that there shall be a Council of Ministers
with the Prime Minister at the head to aid and advise the President who shall, in the exercise of
his functions, act in accordance with such advice. The President can only ask the CoM to
reconsider the advice once and the reconsidered advice shall be binding on the President (as
per the 44th Amendment Act, 1978).
• Appointment of the Ministers: Article 75 states that the President shall appoint the Prime
Minister (PM) and other ministers on the advice of the PM. The President also administers the
oath of office and secrecy to them.
• Individual responsibility of the Ministers: Article 75 states that the ministers shall hold office
during the pleasure of the President. This means that the President can remove a Minister, on
the advice of the PM, even when the Council of Ministers enjoys the confidence of the Lok Sabha.
• Communication between the PM and the President: Article 78 places the duty on the PM to
communicate to the President all decisions of the Council of Ministers relating to the
administration of the affairs of the Union and proposals for legislation. The President can also
ask the PM to furnish such information.
• Consideration of decisions: Article 78 also states that if the President so requires, he/she can
ask the Council of Ministers to reconsider a matter, on which a decision has been taken by a
Minister but which has not been considered by the Council.
• No system of legal responsibility of a Minister: The Constitution does not require a Minister
to countersign an order of the President for a public act on the lines of the British parliamentary
system.
Thus, as per the Constitution, most of the powers and functions of the President are enjoyed by
him/her only in formal nature as he/she functions on the advice of the Council of Ministers.
However, there are certain situations where the President enjoys discretion such as when the CoM
loses confidence in the Lok Sabha or when no single party secures a majority in the Lower House,
and can take action without the advice of the CoM.

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