Daily Answer Writing GS 2 (Constitution and Polity)

Subject: GS 2

Syllabus: Constitution and Polity - Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure

Questions

1. Basic structure of the constitution is an important premise on which many ideals of the constitution rest. Discuss the historical development of basic structure in India. (150 Words, 10 Marks) 
2. The Indian constitution was not framed in a few years but was as a result of experiences during freedom struggle and adoption of main principles of the constitution of various countries. Discuss. (150 Words, 10 Marks)

Model Structure

1. Basic structure of the constitution is an important premise on which many ideals of the constitution rest. Discuss the historical development of basic structure in India. (150 Words, 10 Marks)

Model Structure

Introduction

• Basic structure is an ever-evolving concept with features getting added in subsequent court judgments even today. But it first found its shape in the Kesavananda Bharati vs State of Kerala case of 1973.

Main Body

• The amendment powers of the parliament were the main thing which led to its origin because these powers were absolute initially, as evident in the Shankari Prasad case, 1951 and the Sajjan Singh case, 1965.
• Here, Parliament had the power to amend any part of the constitution, including Fundamental rights.
• Later in the Golaknath case of 1967, the Supreme Court reversed its earlier verdict to take away the power of Parliament to amend Fundamental Rights. This was done by reinterpreting articles 368 and 13 of the Constitution.
• To bypass these judgments, the 24^th, 25^th, 26^th and 29^th amendments to the Constitution were passed. These amendments were challenged in the Kesavananda Bharati case.
• In this case, relief against restrictions on supervision of religious property was sought under Article 26. The bench ruled by a 7-6 majority that Parliament could amend any part of the Constitution without altering the basic structure.
• The term ‘basic structure’ was not defined in this judgment and has evolved since to include federalism, separation of powers, secularism, democracy, independence of the judiciary, rule of law, welfare state, etc.
• But there are some arguments against the basic structure, like undemocratic, unelected judges having the authority to cancel a constitutional amendment.

Conclusion

• Indian democracy works on the premise of checks and balances between the parliament, executive and judiciary. Thus, the basic structure is seen as a safety valve against authoritarian and majoritarian tendencies of the parliament.

2. The Indian constitution was not framed in a few years but was as a result of experiences during freedom struggle and adoption of main principles of the constitution of various countries. Discuss. (150 Words, 10 Marks)

Model Structure

Introduction

• The constitution of independent India was framed under the chairmanship of Dr B.R. Ambedkar and took around 3 years and 166 sittings to become the lengthiest written constitution of the world.

Main Body

• Many features of the constitution are a direct result of the experiences gained due to specific events that occurred during the freedom struggle. Some of them are-
  • The main principles on which the constituent assembly worked are based on the objectives resolution of 1946 moved by Mr Nehru.
  • The Karachi session of 1931 highlighted some of the principles that find resonance in fundamental rights and ever-evolving economic policy.
  • Then there is the draft constitution moved by Mr Motilal Nehru in 1928, which included provisions like right to freedom, universal adult franchise, protection of minorities, etc.
  • The bulk of the constitution is based on the Government of India Act 1935, which had provisions like provincial autonomy, federal structure, bicameralism, separation of powers etc.
  • Wide differences based on religion, caste, region, language etc prompted the leaders to adopt equality.
• A lot of ideas and provisions were adopted from work during the freedom struggle. But there are a few provisions which were directly incorporated from other constitutions, like-
  • Ideas of socio-economic and political justice from the USSR constitution.
  • Liberty, fraternity and equality from the French constitution.
  • Preamble, fundamental rights, judicial independence and review from the Constitution of the USA.
  • Parliamentary government, a procedure established by law and the rule of law in the British constitution.
  • Directive principles of state policy and emergency provisions from the Irish and German constitutions, respectively.

Conclusion

• The Indian constitution is not a product of a few years and haste, but decades as it evolved with changing socio-economic conditions and ideas which were native and were also adopted from various revolutions going on across the globe.

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