UPSC Mains Answer PYQ 2019: Law Paper 1 (Section- A) | Law Optional Notes for UPSC PDF Download

Key Principles and Landmark Judicial Decisions:

1. Pith and Substance Doctrine: It implies that the true nature and character of a law must be identified to ascertain the subject matter it deals with, irrespective of incidental effects.

2. Union List, State List, and Concurrent List: The Constitution divides legislative powers into three lists - Union List, State List, and Concurrent List. The Union Parliament can legislate on subjects in the Union List, while State Legislatures have authority over subjects in the State List. Both can legislate on Concurrent List subjects.

3. Prevalence of Main Purpose: Courts emphasize the main objective or dominant purpose of a law when determining its legislative competence. If it primarily falls under a specific list, it is valid, even if it incidentally affects another list.

4. Landmark Cases:

   a. Sholapur Municipality v. Sholapur Spinning and Weaving Co. Ltd. (AIR 1964 SC 1186): The court held that a State law imposing a tax on professions, trades, and callings, even if it incidentally affects the Union's power to tax income, is valid because its pith and substance are taxation.

   b. State of Bombay v. F.N. Balsara (AIR 1951 SC 318): The court upheld Bombay Prohibition Act, emphasizing its primary purpose was the prohibition of liquor rather than regulation of trade, making it a valid state legislation.

   c. In re the Sea Customs Act (1963 SCR (2) 106): The court declared that the Sea Customs Act, which had an incidental impact on trade, was essentially a taxation law within the Union List and thus valid.

   d. Jindal Stainless Ltd. v. State of Haryana (2006) 11 SCC 1: In this case, the court upheld the validity of the Haryana Value Added Tax Act as it primarily aimed at imposing a tax on the sale of goods, which fell under the State List.

   e. State of West Bengal v. Union of India (1964 SCR (1) 371): The court upheld the West Bengal Land Reforms Act, 1955, emphasizing its primary purpose was agrarian reform, which falls under the State List.

Conclusion: The doctrine of Pith and Substance is a crucial tool in determining the legislative competence of both the Union Parliament and State Legislatures in India. By focusing on the main purpose and character of a law, it ensures a harmonious distribution of powers while allowing flexibility to address complex and evolving issues. Landmark judicial decisions have consistently upheld this doctrine to maintain the federal structure of the Indian Constitution.

Q2: “The purpose of the office of the 'Lokpal, is not to adjudicate, but to provide regular machinery for investigating grievances against the administration in a discrete and informal manner.” Critically examine this statement by providing proper justification of the office of the 'Lokpal' in India.
Ans:
Introduction: The institution of the Lokpal in India was established with the primary objective of providing a mechanism to investigate and address grievances against administrative misconduct and corruption within the government. The statement, "The purpose of the office of the 'Lokpal' is not to adjudicate but to provide a regular machinery for investigating grievances against the administration in a discrete and informal manner," highlights the core function of the Lokpal. In this context, we will critically examine the significance of the Lokpal, justifying its role as a grievance redressal mechanism.

Justification for the Role of Lokpal:

1. Anti-Corruption Mechanism: The Lokpal is primarily tasked with investigating allegations of corruption against public officials and politicians, including the Prime Minister and Members of Parliament. Its investigative function aims to unearth corrupt practices within the government.

2. Informal Resolution: The Lokpal's role is not to adjudicate or replace the judiciary but to provide a platform for citizens to file complaints and seek resolution for grievances informally. This helps in expeditious handling of complaints.

3. Reducing Bureaucratic Hurdles: Unlike regular courts, the Lokpal's procedures are designed to be less formal and bureaucratic. This accessibility encourages more people to come forward with their grievances.

4. Preventing Retaliation: Whistleblowers and complainants often fear retaliation or victimization when exposing corruption or misconduct. The Lokpal offers a level of confidentiality and protection to such individuals.

5. Transparency and Accountability: The Lokpal's investigations are transparent, and its findings are expected to be made public. This fosters accountability and trust in government institutions.

6. Example - Lokpal and Lokayuktas Act, 2013: The Lokpal and Lokayuktas Act, 2013, provides for the establishment of Lokpal at the national level and Lokayuktas at the state level. This legislative framework underscores the government's commitment to tackling corruption and addressing grievances through an independent body.

Criticism and Challenges:

1. Limited Prosecutorial Powers: The Lokpal does not have the power to prosecute individuals. It can only recommend action to competent authorities, which may lead to delays in justice.

2. Resource Constraints: Adequate staffing, infrastructure, and resources are essential for the effective functioning of the Lokpal. Resource constraints can hamper its ability to investigate and address grievances effectively.

3. Political Interference: There have been concerns about political interference in the appointment and functioning of the Lokpal, which may undermine its independence.

4. Public Awareness: Many citizens are still unaware of the Lokpal's existence and its role in addressing grievances, which hinders its effectiveness.

Conclusion: The statement that the purpose of the office of the 'Lokpal' is not to adjudicate but to provide a regular machinery for investigating grievances against the administration in a discrete and informal manner accurately reflects the institution's core function. The Lokpal plays a vital role in addressing corruption and administrative misconduct by providing an accessible and confidential platform for grievance redressal. While it has its limitations and challenges, its establishment represents a significant step in promoting transparency, accountability, and good governance in India. To enhance its effectiveness, continued efforts to raise public awareness and ensure its independence from political influence are necessary.

Q3: Audi alteram partem', rule is a very flexible, malleable and adaptable concept of natural justice to adjust the need for speed and obligation to act fairly.” Examine the statement with the help of decided case-law.  
Ans:
Introduction: The principle of "Audi Alteram Partem," which means "hear the other side," is a fundamental component of natural justice. It ensures that individuals affected by a decision have the opportunity to present their side of the case before a decision is made against them. The statement, "Audi alteram partem' rule is a very flexible, malleable, and adaptable concept of natural justice to adjust the need for speed and obligation to act fairly," highlights the dynamic nature of this principle. In this context, we will examine the flexibility and adaptability of the "Audi Alteram Partem" rule with the help of decided case-law.
Flexibility and Adaptability of Audi Alteram Partem Rule:

1. Varied Application: The principle of "Audi Alteram Partem" is applied differently in various contexts, taking into account the nature of the decision, the interests at stake, and the need for speed or fairness.

2. Emergencies and Administrative Actions:

   • Case: A.K. Kraipak v. Union of India (AIR 1970 SC 150): In this case, the Supreme Court recognized that in emergency situations or administrative actions, strict adherence to the principle may not be possible. The rule was adapted to suit the urgency of the situation.

3. Quasi-Judicial Proceedings:

   • Case: Maneka Gandhi v. Union of India (AIR 1978 SC 597): The Supreme Court held that even in cases involving passports, where the government's discretion was involved, the principle of "Audi Alteram Partem" must be followed. This demonstrated the principle's adaptability to various contexts.

4. Pre-decision Consultation:

   • Case: Mohinder Singh Gill v. Chief Election Commissioner (AIR 1978 SC 851): The court ruled that in certain administrative matters, pre-decision consultation could be an adequate substitute for post-decision hearings. This highlights the flexibility in implementing the rule.

5. Exclusion in Statutory Framework:

   • Case: Board of High School and Intermediate Education v. Ghanshyam Das Gupta (AIR 1962 SC 1110): The court recognized that if a statute explicitly excludes the application of "Audi Alteram Partem," the principle may not apply.

Conclusion: The principle of "Audi Alteram Partem" is indeed a flexible and adaptable concept of natural justice. It recognizes that the need for speed and fairness can sometimes be in tension and allows for adjustments based on the specific circumstances. Decided case-law, as highlighted above, illustrates how the principle has been applied in various contexts, accommodating both the obligation to act fairly and the urgency of certain situations. This adaptability is crucial in ensuring that justice is not compromised while addressing administrative efficiency and expediency.

Q4: The issue of Parliamentary-privileges has been a bone of contention lond conflict between the Parliament and the Judiciary.” Analyse this statement in the backdrop of decided cases.
Ans:
Introduction: The relationship between parliamentary privileges and judicial scrutiny has often been contentious in democratic systems. Parliamentary privileges, meant to protect the functioning of legislatures, can sometimes clash with judicial review, which safeguards individual rights and the rule of law. This statement, "the issue of Parliamentary privileges has been a bone of contention and conflict between the Parliament and the Judiciary," reflects the historical tension between these two pillars of democracy. Let's analyze this issue in the context of decided cases.
Historical Context and Analysis:

1. Case of Keshav Singh v. Speaker, Legislative Assembly (AIR 1965 SC 745):

   • In this landmark case, the Supreme Court of India held that parliamentary privileges are not absolute and can be subject to judicial review. The court asserted its authority to examine whether the legislature has acted within the limits of its powers.

2. Raja Ram Pal v. Hon'ble Speaker, Lok Sabha (2007) 3 SCC 184):

   • This case further reinforced the principle of judicial review of parliamentary privileges. The court ruled that the Speaker's decision to disqualify members of parliament could be subjected to judicial scrutiny to ensure compliance with constitutional provisions.

3. Privilege of Speech and Contempt of Court:

   • The conflict between parliamentary privileges, such as freedom of speech within the legislature, and contempt of court has arisen in several instances. Courts have had to balance these conflicting interests to maintain the rule of law.

4. Conflict Over Access to Documents:

   • Instances have occurred where parliamentary committees have sought access to confidential documents, leading to disputes with the executive, which claims that sharing such documents could compromise national security. These disputes highlight the tension between the legislature's right to information and the executive's national security concerns.

5. Deliberative Secrecy vs. Right to Information:

   • The conflict between the principle of deliberative secrecy within the legislature and the right to information of the public has also emerged in various jurisdictions. Courts have had to strike a balance between these competing interests.

Conclusion: The issue of parliamentary privileges versus judicial scrutiny has indeed been a source of conflict and contention. While parliamentary privileges are essential for the proper functioning of legislatures, judicial scrutiny is vital to ensure the accountability of these institutions and safeguard individual rights. The decided cases mentioned above highlight the evolution of jurisprudence in this area, demonstrating that parliamentary privileges are not absolute and can be subject to judicial review when necessary to uphold the constitutional framework and individual liberties. Striking a balance between these two pillars of democracy is crucial to maintaining a healthy and functioning democracy.

Q5: Right to Privacy is protected as an intrinsic part of life and personal liberty enshrined under Article 21 of the Constitution of India.” Elucidate this statement in the light of the decision of Justice K.S. Puttaswamy (Retd.) v. Union of India.  
Ans:
Introduction: The right to privacy has gained immense significance in the digital age, and its recognition as an intrinsic part of life and personal liberty under Article 21 of the Indian Constitution was established through the landmark judgment in the case of Justice K.S. Puttaswamy (Retd.) v. Union of India (2017). In this case, the Supreme Court of India unequivocally affirmed that the right to privacy is a fundamental right. This statement will elucidate the significance of this ruling in recognizing and protecting the right to privacy in India.
Elucidation of the Statement:

1. Recognition as Fundamental Right:

   • The Puttaswamy case clarified that the right to privacy is intrinsic to the right to life and personal liberty guaranteed by Article 21 of the Indian Constitution. It recognized that privacy is an essential aspect of human dignity and personal autonomy.

2. Protection against State Intrusion:

   • The judgment emphasized that the right to privacy safeguards individuals against unwarranted intrusion by the state into their personal lives, whether physical or informational.

3. Balancing Interests:

   • The court acknowledged that the right to privacy is not absolute and may be subject to reasonable restrictions in the interest of national security, public order, morality, or the protection of the rights of others. This balancing approach ensures that individual rights are protected without compromising broader societal interests.

4. Scope of Privacy:

   • The Puttaswamy case expanded the scope of privacy to include informational privacy, bodily privacy, and spatial privacy. It recognized that privacy extends to personal choices, expressions, and decisions.

5. Consent and Data Protection:

   • The judgment highlighted the importance of informed consent in data sharing and protection. It laid the foundation for future legislation such as the Personal Data Protection Bill to regulate the collection and use of personal data.

6. Relevance in Digital Age:

   • In an era of rapid technological advancement and digitalization, the recognition of the right to privacy gains particular significance. It establishes a legal framework for addressing concerns related to surveillance, data breaches, and the protection of sensitive personal information.

Examples:

1. Aadhaar Case (Justice K.S. Puttaswamy (Retd.) v. Union of India II):

   • The Puttaswamy judgment was instrumental in the case challenging the mandatory linking of Aadhaar cards with various services. The Supreme Court upheld the right to privacy and emphasized the importance of consent and data protection in the context of Aadhaar.

2. Section 377 of the Indian Penal Code (Navtej Singh Johar v. Union of India):

   • The Puttaswamy judgment played a crucial role in the decriminalization of consensual homosexual acts by recognizing the importance of privacy in matters of personal relationships and individual autonomy.

Conclusion: The Puttaswamy case was a watershed moment in Indian jurisprudence, solidifying the right to privacy as an integral component of the right to life and personal liberty under Article 21 of the Constitution. It provided a strong legal foundation for safeguarding personal autonomy, data protection, and freedom from unwarranted state intrusion, especially in the digital age. This landmark judgment has not only influenced subsequent legal decisions but has also had a profound impact on the development of privacy-related legislation in India.

Q6: Give an overview of the growth of the Tribunals in India with special reference to Administrative Tribunals established under the (Administrative Tribunal Act.
Ans:
Introduction: Tribunals in India have played a crucial role in the dispensation of justice by providing specialized forums for adjudicating disputes in various areas of law. One significant category of tribunals in India is the Administrative Tribunals, which were established under the Administrative Tribunals Act, 1985. In this overview, we will explore the growth and significance of tribunals in India, focusing on Administrative Tribunals.
Overview of the Growth of Tribunals in India:

1. Origin and Development:

   • Tribunals in India have a long history, dating back to the establishment of the Income Tax Appellate Tribunal (ITAT) in 1941. ITAT served as a pioneering model for specialized tribunals.
   • The growth of tribunals gained momentum with the establishment of the Central Administrative Tribunal (CAT) in 1985, under the Administrative Tribunals Act, 1985. CAT was envisioned to address service matters and disputes related to recruitment, conditions of service, and other administrative issues concerning government employees.

2. Specialization:

   • Tribunals are specialized bodies with expertise in specific areas of law. For example, the National Green Tribunal (NGT) was established in 2010 to handle environmental disputes and issues.

3. Decongesting Courts:

   • The establishment of tribunals aimed to relieve the burden on regular courts by diverting cases related to specific subject matters to specialized forums. This helps in faster disposal of cases.

4. Autonomy and Expertise:

   • Tribunals enjoy a certain degree of autonomy and are often staffed by experts in the respective fields, ensuring a better understanding of complex issues.

5. Appeal Mechanism:

   • Decisions of tribunals can be appealed in higher courts, ensuring due process and judicial oversight.

6. Examples of Tribunals in India:

   • Central Administrative Tribunal (CAT): Deals with disputes related to central government employees.
   • State Administrative Tribunals: Similar to CAT, they handle state government employee matters.
   • National Green Tribunal (NGT): Focuses on environmental issues.
   • Income Tax Appellate Tribunal (ITAT): Adjudicates tax-related matters.
   • Securities Appellate Tribunal (SAT): Deals with appeals against decisions made by the Securities and Exchange Board of India (SEBI).

Conclusion: The growth of tribunals in India, including Administrative Tribunals, has been instrumental in ensuring specialized and expeditious resolution of disputes. These specialized forums have contributed to reducing the backlog of cases in regular courts, providing quick and effective justice to citizens. With the ever-expanding scope of administrative and regulatory functions, tribunals continue to evolve and play a vital role in the Indian legal system.

Q7: "Revival of the Panchayati Raj system in India is an aid to reduce  the workload on the Judiciary.” Comment.  
Ans:
Introduction: The Panchayati Raj system in India, established as a constitutional mandate under the 73rd Amendment Act, 1992, aims to decentralize governance and empower local self-governing bodies at the grassroots level. The statement, "Revival of the Panchayati Raj system in India is an aid to reduce the workload on the Judiciary," suggests that by promoting local dispute resolution and governance, the Panchayati Raj system can potentially alleviate the burden on the judicial system. In this comment, we will analyze this assertion.
Reduction of Judicial Workload through Panchayati Raj System:

1. Local Dispute Resolution:

   • Panchayats are empowered to resolve disputes at the grassroots level, particularly in rural areas. They can address issues related to land, property, water, and local conflicts. By providing a local forum for dispute resolution, the Panchayati Raj system can reduce the number of cases reaching the formal judicial system.

2. Quick Disposal of Cases:

   • Panchayats can often resolve disputes more expeditiously than the formal judicial system. This leads to quicker resolution and reduces the backlog of cases in the courts.

3. Promotion of Mediation and Conciliation:

   • Panchayats encourage mediation and conciliation, which can lead to amicable settlements. Such settlements prevent cases from clogging the courts and contribute to reducing the judicial workload.

4. Promotion of Awareness and Legal Literacy:

   • Panchayats play a role in creating legal awareness and educating citizens about their rights and responsibilities. This can help prevent disputes from arising in the first place, further reducing the burden on the judiciary.

5. Examples:

   • In Maharashtra, the Maharashtra Village Panchayats (Extension to Scheduled Areas) Act, 1974, empowers Panchayats to hear and decide certain civil and criminal cases. This has contributed to the quicker resolution of disputes at the local level.
   • Kerala's Kudumbashree program involves local women's self-help groups in dispute resolution and micro-level governance, significantly reducing the burden on the formal judicial system.

Challenges and Considerations:

1. Capacity and Training: Panchayats may lack the capacity and training required to handle complex legal matters, which could lead to miscarriages of justice.

2. Conflict of Interest: Panchayat members may have personal or political biases that could affect their decisions in dispute resolution.

3. Access to Justice: Accessibility to Panchayats may be uneven, particularly in remote or marginalized communities, limiting their effectiveness in reducing the judicial workload.

Conclusion: While the Panchayati Raj system has the potential to reduce the workload on the judiciary by resolving local disputes and promoting alternative dispute resolution mechanisms, it is essential to strike a balance. Strengthening Panchayats' capacity, ensuring impartiality, and addressing issues related to accessibility and legal literacy are critical considerations in realizing the system's potential to aid in reducing the judicial workload. A well-functioning Panchayati Raj system can complement the formal judicial system in providing timely and effective justice at the grassroots level, ultimately contributing to a more efficient and accessible justice delivery system in India.

Q8: "Power of the Parliament to amend the Constitution is wide, but not unlimited.” Do you agree with this statement ? Discuss whether the doctrine of basic structure has reinforced the power of judicial review under the Constitution.
Ans:
Introduction: The power of the Indian Parliament to amend the Constitution is conferred by Article 368, which provides for a wide-ranging authority to make changes to the Constitution. However, the statement, "Power of the Parliament to amend the Constitution is wide, but not unlimited," highlights the notion that there are certain limitations on the amending power. The doctrine of basic structure, as interpreted by the judiciary, has been instrumental in delineating these limitations. In this discussion, we will analyze this statement and the role of the basic structure doctrine in reinforcing the power of judicial review under the Constitution of India.

Agreement with the Statement:

1. Wide, But Not Unlimited Power:

   • Parliament's power to amend the Constitution is indeed extensive, as it can alter almost any provision. However, this power is not without limits, and there are explicit and implicit restrictions in the Constitution itself.

2. Express Limitations:

   • Article 368 itself lays down certain procedural requirements for constitutional amendments, such as obtaining a special majority in both houses of Parliament or the need for ratification by states for certain amendments.

3. Doctrine of Basic Structure:

   • The doctrine of basic structure, established by the Supreme Court in the landmark case of Kesavananda Bharati v. State of Kerala (1973), holds that while Parliament can amend the Constitution, it cannot alter its basic structure or its essential features. This doctrine has reinforced the power of judicial review.

Role of the Doctrine of Basic Structure:

1. Judicial Review: The doctrine of basic structure has given the judiciary the authority to review constitutional amendments and strike them down if they violate the Constitution's basic structure.

2. Preservation of Core Values: The doctrine ensures that the core values and principles of the Constitution, such as democracy, secularism, federalism, and the rule of law, remain intact and are not eroded by parliamentary amendments.

3. Examples:

   • In the case of Indira Gandhi v. Raj Narain (1975), the Supreme Court invoked the basic structure doctrine to set aside an amendment that aimed to nullify a judicial decision regarding the election of the Prime Minister.
   • In the case of Waman Rao v. Union of India (1981), the court held that the amending power could not be used to alter the basic structure of the Constitution.

Conclusion: In conclusion, the statement that the power of the Parliament to amend the Constitution is wide but not unlimited is accurate. The doctrine of basic structure, as developed by the judiciary, reinforces the power of judicial review and sets boundaries on the amending authority of Parliament. While Parliament has a significant role in shaping the Constitution, it cannot alter its foundational principles and core values, thereby ensuring the Constitution's stability and fidelity to its original ideals. This balance between the amending power and the basic structure doctrine is essential for upholding the rule of law and constitutionalism in India.

Q9: Examine the nature of the powers of the High Courts under Article 226 of the Constitution of India and distinguish it from the powers of the Supreme Court under Article 32.
Ans:
Introduction: Article 226 of the Constitution of India confers extraordinary jurisdiction upon the High Courts to issue writs for the enforcement of fundamental rights and other legal rights. This power is akin to the power of the Supreme Court under Article 32 but operates at the High Court level. In this examination, we will delve into the nature of the powers of the High Courts under Article 226 and distinguish them from the powers of the Supreme Court under Article 32.
Nature of Powers under Article 226 (High Courts):

1. Writ Jurisdiction: Article 226 empowers High Courts to issue writs, including writs of habeas corpus, mandamus, prohibition, quo warranto, and certiorari, for the enforcement of fundamental rights and other legal rights.

2. Wider Scope: High Courts' jurisdiction under Article 226 is broader in scope as it covers not only fundamental rights but also other legal rights, statutory rights, and even contractual rights.

3. Supervisory Jurisdiction: It includes the power of the High Court to exercise its supervisory jurisdiction over lower courts, tribunals, and quasi-judicial authorities to ensure that they act within the bounds of their authority.

4. Residual Powers: Article 226 is a residual provision, allowing the High Courts to step in when no other adequate legal remedy is available to a petitioner.

5. Discretionary: The High Court has discretionary powers under Article 226 and can choose whether to entertain a writ petition or not based on the facts and circumstances of the case.

Nature of Powers under Article 32 (Supreme Court):

1. Writ Jurisdiction: Article 32 empowers the Supreme Court to issue writs for the enforcement of fundamental rights only, unlike Article 226, which covers a wider range of rights.

2. Fundamental Rights Only: The Supreme Court's jurisdiction under Article 32 is limited to the enforcement of fundamental rights as guaranteed by Part III of the Constitution.

3. Mandatory Jurisdiction: Unlike the discretionary powers of the High Courts under Article 226, the Supreme Court has a mandatory duty to entertain a writ petition when a fundamental right is violated.

4. No Residual Jurisdiction: Article 32 does not have a residual provision like Article 226. The Supreme Court's jurisdiction is confined to the enforcement of fundamental rights, and it cannot exercise supervisory jurisdiction over lower courts or tribunals.

Examples:

1. High Court: A petitioner may approach a High Court under Article 226 for issues like challenging a land acquisition, environmental concerns, or contractual disputes with the government.

2. Supreme Court: Article 32 is typically invoked in cases of violations of fundamental rights, such as right to life and personal liberty, freedom of speech and expression, or right to equality.

Conclusion: In conclusion, while both Article 226 and Article 32 provide for the issuance of writs, the nature and scope of their powers differ significantly. High Courts' powers under Article 226 are broader, discretionary, and include the enforcement of fundamental and non-fundamental rights, while the Supreme Court's powers under Article 32 are narrower, mandatory, and limited to the enforcement of fundamental rights. These provisions collectively ensure the protection and enforcement of constitutional and legal rights in India at both the High Court and Supreme Court levels.

Q10: While conferring the power of delegated legislation on the administration, the enabling Act may specify the procedural safeguards to be followed in the exercise of the power. What are the consequences of non-compliance with the requirements as laid down in the Act ? Discuss  with the help of decided cases.
Ans:
Introduction: Delegated legislation, also known as subordinate or secondary legislation, is a mechanism through which administrative authorities are given the power to make rules, regulations, or orders under the authority of an enabling Act passed by the legislature. Often, the enabling Act may specify procedural safeguards that must be followed during the exercise of such powers. This answer will discuss the consequences of non-compliance with the requirements laid down in the enabling Act, with reference to decided cases.

Consequences of Non-Compliance with Enabling Act Requirements:

1. Ultra Vires: Non-compliance with procedural safeguards specified in the enabling Act renders the delegated legislation ultra vires or beyond the authority granted by the legislature.

2. Void and Invalid: Delegated legislation that fails to adhere to the requirements of the enabling Act is considered void and invalid from its inception.

3. No Legal Effect: Such legislation has no legal effect and cannot be enforced or relied upon.

4. Quashed by Courts: Courts have the authority to quash or strike down delegated legislation that does not comply with statutory procedures. Courts often do so in response to public interest litigations or challenges brought by affected parties.

5. Violation of Principles of Natural Justice: Non-compliance may also involve a breach of principles of natural justice, such as the right to a fair hearing, which can result in the delegated legislation being set aside.

Decided Cases Illustrating Consequences:

1. State of Tamil Nadu v. M.K. Stalin (2013):

   • In this case, the Supreme Court held that the State Government's decision to notify land acquisition under delegated legislation without conducting a public hearing, as mandated by the enabling Act, was illegal and void. The non-compliance with the procedural safeguard led to the invalidation of the acquisition.

2. D.S. Nakara v. Union of India (1983):

   • In this case, the Supreme Court ruled that the government's non-compliance with the procedural requirements of the Pension Rules under the enabling Act constituted a violation of the principles of natural justice. As a result, the government's actions were quashed, and pension benefits were granted to the affected individuals.

Conclusion: Non-compliance with the procedural safeguards specified in the enabling Act has significant legal consequences. Delegated legislation that does not adhere to statutory requirements is considered ultra vires, void, and invalid. Courts have the authority to quash such legislation and, in cases involving a violation of natural justice, may order remedies in favor of affected parties. These consequences underscore the importance of administrative authorities following the procedural safeguards laid down in the enabling Acts to ensure the legality and enforceability of delegated legislation.

Q11: The Election Commission of India is an autonomous constitutional authority responsible for administering the election process in India." comment by explaining the powers and functions of the Election Commission of India.
Ans:
Introduction: The Election Commission of India (ECI) is an autonomous constitutional authority tasked with overseeing and administering the election process in India. It plays a pivotal role in ensuring free, fair, and transparent elections, which are a cornerstone of India's democratic system. In this comment, we will explain the powers and functions of the Election Commission of India.
Powers and Functions of the Election Commission of India:

1. Conduct of Elections:

   • The ECI is responsible for the conduct of elections to the Lok Sabha, Rajya Sabha, State Legislative Assemblies, and the offices of the President and Vice President.

2. Delimitation of Constituencies:

   • The ECI carries out the delimitation of constituencies to ensure equitable representation based on population changes.

3. Election Schedule:

   • It determines the election schedule, including the announcement of election dates, notification of polls, and declaration of results.

4. Model Code of Conduct:

   • The ECI enforces the Model Code of Conduct during elections to ensure a level playing field for all candidates and political parties.

5. Registration of Political Parties:

   • It registers political parties and allots election symbols to them.

6. Voter Registration:

   • The ECI oversees the preparation and maintenance of electoral rolls, conducts voter registration drives, and ensures the accuracy of voter lists.

7. Nomination of Candidates:

   • It accepts the nomination papers of candidates and scrutinizes them to ensure their eligibility.

8. Monitoring Expenditure:

   • The ECI monitors campaign expenditure by candidates and political parties to prevent misuse of money power in elections.

9. Media Regulation:

   • It regulates the media during election campaigns to provide equal opportunities to all parties and candidates.

10. Security Arrangements:

    • The ECI coordinates with law enforcement agencies to ensure security during elections, especially in regions prone to electoral violence.

11. Dispute Resolution:

    • It adjudicates disputes related to elections, including the disqualification of candidates and election petitions.

12. Educational Initiatives:

    • The ECI conducts voter education and awareness programs to promote voter participation and civic responsibility.

Examples:

1. Voter ID Card: The ECI introduced the Electors Photo Identity Card (EPIC) to enhance the credibility of the electoral process by providing a secure and verifiable means of identification for voters.

2. Voter Verifiable Paper Audit Trail (VVPAT): To increase transparency and voter confidence, the ECI implemented VVPAT machines, which provide a paper trail of the vote cast electronically.

Conclusion: The Election Commission of India is a critical institution that plays a central role in upholding the democratic principles enshrined in the Indian Constitution. Its powers and functions ensure that elections in India are conducted impartially, fairly, and transparently, making it a key guardian of the democratic process in the country. Through its proactive measures and initiatives, the ECI continues to strengthen the electoral system and promote the active participation of citizens in the democratic process.

Q12: "India that is Bharat. shall be a Union of States." Explain. Do you that the Indian Constitution is a Federal Constitution ? Discuss with the help of decided cases.
Ans:
Introduction: The phrase "India that is Bharat" appears in the Preamble of the Indian Constitution, and it signifies the two names by which the Republic of India is known. The Preamble describes India as a "Union of States," reflecting the federal structure of the Indian polity. In this discussion, we will explore whether the Indian Constitution is indeed federal in nature, supported by relevant decided cases.
Is the Indian Constitution Federal?

1. Federal Features:

   • The Indian Constitution exhibits several federal features, such as division of powers between the central and state governments, a written Constitution, dual government structure, and an independent judiciary to arbitrate disputes.

2. Unitary in Emergencies:

   • The Constitution provides for a strong center with the power to take over the administration of states in cases of emergencies (Article 356). This temporary centralization of power reflects unitary tendencies.

3. Residuary Powers with the Center:

   • The Seventh Schedule of the Constitution assigns residuary powers to the central government (List I, Entry 97), which is characteristic of a federal system.

4. Supremacy of the Constitution:

   • The Indian Constitution is supreme, and both the central and state governments must operate within its framework, which is a federal characteristic.

Decided Cases:

1. Shankari Prasad Singh v. Union of India (1951):

   • In this case, the Supreme Court held that the amending power of Parliament under Article 368 was plenary and could be used to amend any part of the Constitution, including fundamental rights. This decision supported the unitary aspect of the Constitution.

2. Kesavananda Bharati v. State of Kerala (1973):

   • In the Kesavananda Bharati case, the Supreme Court introduced the doctrine of basic structure, asserting that while Parliament could amend the Constitution, it could not alter its basic structure. This decision reinforced the federal character of the Constitution by limiting the amending power.

3. S.R. Bommai v. Union of India (1994):

   • In this case, the Supreme Court upheld the federal nature of the Constitution, emphasizing that the federal balance is a basic feature. It also asserted the importance of federal principles, including democracy and secularism.

Conclusion: The Indian Constitution is often described as quasi-federal due to its combination of federal and unitary features. While it grants substantial powers to both the central and state governments and embodies federal principles, it also provides mechanisms for temporary centralization of power during emergencies. The doctrine of basic structure, as established in the Kesavananda Bharati case, reinforces the federal character of the Constitution by protecting its essential features. Therefore, while India can be considered a "Union of States," the precise characterization of its Constitution as federal or unitary remains a subject of ongoing debate and interpretation.

Q13: What do you mean by the term “Rule of Law'? The basic element of Dicey's doctrine of the rule of law is, be you ever so high, the law is above you'. Discuss with the help of decided cases.20Explain this statement and also distinguish the term „freedom of speech and expression and „speech and expression.‟
Ans:
Introduction: The term "Rule of Law" is a fundamental principle of governance that signifies that every individual, including the government, is subject to the law and is accountable for their actions. It ensures that laws are clear, predictable, and applied uniformly, without discrimination. Dicey's doctrine of the rule of law emphasizes that everyone, regardless of their status or position, is bound by the law. In this discussion, we will explore the meaning of the term "Rule of Law" and delve into Dicey's doctrine, supported by relevant decided cases. Additionally, we will distinguish between "freedom of speech and expression" and "speech and expression."
Meaning of Rule of Law:

• The Rule of Law is a concept that embodies the following principles:
  1. Equality before the law: All individuals are equal before the law, and no one is above it.
  2. Legal certainty: Laws must be clear, predictable, and accessible.
  3. Fair and just laws: Laws should be just, fair, and not arbitrary.
  4. Independent judiciary: An impartial judiciary is essential for enforcing the law.
  5. Access to justice: All individuals should have access to the legal system and remedies for violations of their rights.

Dicey's Doctrine - "The Law is Above You":

• A.V. Dicey's doctrine emphasizes that no one, including government officials and authorities, is exempt from the law. Key elements of this doctrine include:
  1. Absence of arbitrary power: Government actions must be based on the authority of the law, not arbitrary decisions.
  2. Equality before the law: All individuals, including government officials, are subject to the same laws and the same courts.
  3. Primacy of the judiciary: The judiciary plays a crucial role in upholding the rule of law by ensuring that government actions conform to the law.
  4. Constitutional supremacy: The Constitution is the supreme law of the land, and all laws and actions must conform to it.

Decided Cases Illustrating Dicey's Doctrine:

1. Maneka Gandhi v. Union of India (1978):

   • In this case, the Supreme Court emphasized that the right to travel abroad was a fundamental right, and restrictions on this right must be reasonable and not arbitrary. The decision upheld the principle that government actions must conform to the law and cannot be arbitrary.

2. Kesavananda Bharati v. State of Kerala (1973):

   • In the Kesavananda Bharati case, the Supreme Court introduced the doctrine of basic structure, asserting that while Parliament could amend the Constitution, it could not alter its basic structure. This decision reinforced the supremacy of the Constitution over government actions.

Distinguishing "Freedom of Speech and Expression" from "Speech and Expression":

• "Freedom of speech and expression" is a fundamental right guaranteed under Article 19(1)(a) of the Indian Constitution. It encompasses the broader concept of expressing one's thoughts, ideas, and opinions through various means, including verbal, written, or symbolic expression.

• "Speech and expression" refer specifically to the act of communicating one's thoughts and ideas verbally or in writing, which is a subset of the broader freedom of speech and expression. It pertains to the act of speaking or writing as a means of communication.

Conclusion: The Rule of Law, as emphasized by Dicey's doctrine, underscores the fundamental principle that the law is supreme and applies to all individuals, regardless of their status or position. Decided cases such as Maneka Gandhi and Kesavananda Bharati have reinforced the importance of upholding the rule of law in India. Additionally, it is crucial to distinguish between "freedom of speech and expression," which is a fundamental right, and the narrower concept of "speech and expression," which refers to specific modes of communication.

Q14: Discuss the Ordinance making power of the President. Can the validity of an Ordinance be challenged in the Court of Law ? Cite relevant case-law.
Ans:
Introduction: The President of India possesses the power to promulgate ordinances under Article 123 of the Indian Constitution when Parliament is not in session. Ordinances serve as temporary laws and are subject to parliamentary approval when the session resumes. However, the validity of an ordinance can be challenged in a court of law if it is found to be in violation of constitutional provisions. In this discussion, we will explore the ordinance-making power of the President and the circumstances in which the validity of an ordinance can be challenged, with reference to relevant case law.
Ordinance-Making Power of the President:

1. Article 123 of the Constitution: Article 123 empowers the President to promulgate ordinances when both houses of Parliament are not in session, provided that the President is satisfied that circumstances necessitate immediate action.

2. Temporary Legislation: Ordinances have the force of law and are treated as temporary legislation. They can address pressing issues when Parliament is not in session.

3. Subject to Parliamentary Approval: Ordinances must be approved by both houses of Parliament within six weeks of reassembly. If not approved, they cease to have effect.

Challenging the Validity of an Ordinance:

1. Violation of Constitutional Provisions: The validity of an ordinance can be challenged in court if it is found to violate any provision of the Constitution.

2. Judicial Review: The courts have the power of judicial review to examine the constitutionality of ordinances. If an ordinance is found to be ultra vires (beyond the authority), it can be declared invalid.

Relevant Case Law:

1. D.C. Wadhwa v. State of Bihar (1987):

   • In this case, the Supreme Court held that the President's ordinance-making power under Article 123 is not beyond judicial review. The court can examine whether the ordinance was promulgated in situations of immediate necessity and whether it violates the Constitution.

2. Krishna Kumar Singh v. State of Bihar (2017):

   • The Supreme Court reiterated the principle that the ordinance-making power is subject to judicial review. The court can examine whether the President's satisfaction about the necessity of immediate action was valid.

Examples of Challenged Ordinances:

1. Tamil Nadu Education Ordinance (2013):

   • The Tamil Nadu government promulgated an ordinance to bypass a Supreme Court order regarding the implementation of a common entrance test for medical admissions. The ordinance was challenged in court for violating the court's decision.

2. Rajasthan Ordinance on Criminal Law (2020):

   • The Rajasthan government promulgated an ordinance that aimed to protect public servants from investigation without prior government sanction. It was challenged in court on the grounds of violating the right to equality and the separation of powers.

Conclusion: The President's ordinance-making power is a valuable tool to address urgent situations when Parliament is not in session. However, the validity of an ordinance can be challenged in a court of law if it is found to contravene constitutional provisions. The judiciary plays a crucial role in ensuring that ordinances are promulgated in situations of immediate necessity and that they do not violate the constitutional framework. This judicial review ensures that the ordinance-making power is exercised within constitutional limits and respects the rule of law.

Q15: Examine and explain the following statements :  (i) Public Interest Litigation is a tool to promote politics of the Judiciary. (ii) Judicial Activism has both positive and negative impact on the Judiciary.
Ans:
Introduction: Public Interest Litigation (PIL) and Judicial Activism are two significant aspects of the Indian judicial system. PIL allows individuals or groups to raise issues of public interest before the courts, while Judicial Activism refers to proactive judicial intervention to protect rights and uphold justice. The statements in question concern the impact and role of these concepts in Indian jurisprudence. This discussion will examine and explain both statements.
Examination and Explanation:

(i) Public Interest Litigation is a tool to promote politics of the Judiciary:

• This statement suggests that PIL, by allowing the judiciary to intervene in matters of public interest, can lead to the politicization of the judiciary.

• Explanation:

  • Positive Aspect:

    • PIL serves as an essential tool for ensuring access to justice for marginalized and disadvantaged groups. It enables the judiciary to address issues that may otherwise go unaddressed due to systemic failures or lack of resources.
    • Example: In the case of Hussainara Khatoon v. State of Bihar (1979), the Supreme Court took suo motu cognizance of the unlawful detention of undertrial prisoners, leading to their release.

  • Negative Aspect:

    • There have been instances where PILs have been filed for political or publicity purposes, leading to the judiciary being drawn into political controversies.
    • Example: The misuse of PILs for political gains, such as filing frivolous petitions against political opponents.

• Conclusion:

  • While PIL is a powerful tool for social justice, it must be used judiciously to prevent any undue politicization of the judiciary. The judiciary's role is to protect the rule of law and justice, not to engage in political activities.

(ii) Judicial Activism has both positive and negative impact on the Judiciary:

• This statement highlights that Judicial Activism, where the judiciary proactively interprets and applies the law, can have both beneficial and adverse effects on the judicial system.

• Explanation:

  • Positive Impact:

    • Judicial Activism has enabled the judiciary to protect fundamental rights and promote social justice, especially when other branches of government fail in their duties.
    • Example: In the Vishaka v. State of Rajasthan (1997) case, the Supreme Court laid down guidelines to prevent sexual harassment at the workplace when the legislature had not enacted a law on the issue.

  • Negative Impact:

    • Overreaching judicial activism can encroach upon the domain of the legislature and the executive, potentially undermining the separation of powers.
    • Example: The Supreme Court's order cancelling 2G licenses in the 2G spectrum case was criticized for overstepping executive functions.

• Conclusion:

  • Judicial Activism is a double-edged sword. While it plays a crucial role in protecting rights and ensuring justice, it must be exercised with restraint to avoid infringing upon the prerogatives of other branches of government. A balanced approach is necessary to maintain the integrity of the judicial system.

In Summary: Public Interest Litigation and Judicial Activism are essential aspects of Indian jurisprudence. While PIL provides access to justice for marginalized groups, it must be used responsibly. Judicial Activism is crucial for upholding justice and rights but must be balanced with the separation of powers. Both concepts have their positive and negative aspects, and their use should be guided by principles of justice and the rule of law.