FAQs on Constitutional Law Lecture for CLAT PG Preparation - 4

Question 1

1. What is the significance of the Basic Structure Doctrine in Indian Constitutional Law?

Accepted Answer

Ans.The Basic Structure Doctrine is a fundamental principle in Indian Constitutional Law established by the Supreme Court in the Kesavananda Bharati case (1973). It asserts that while Parliament has the power to amend the Constitution, it cannot alter or destroy its basic structure. This doctrine ensures the preservation of essential features of the Constitution, such as the supremacy of the Constitution, rule of law, separation of powers, and fundamental rights. It serves as a safeguard against arbitrary amendments that could undermine democratic principles.

Question 2

2. How does the concept of Judicial Review function within the Indian Constitution?

Accepted Answer

Ans.Judicial Review is the power of the judiciary to review the constitutionality of legislative and executive actions. Under Article 13 of the Indian Constitution, any law or amendment that contravenes fundamental rights is deemed void. The Supreme Court and High Courts have the authority to examine the legality of laws and actions, ensuring that they comply with constitutional provisions. This mechanism upholds the rule of law and protects citizens' rights, maintaining a balance between the legislature, executive, and judiciary.

Question 3

3. What are the key features of Fundamental Rights under the Indian Constitution?

Accepted Answer

Ans.Fundamental Rights are enshrined in Part III of the Indian Constitution and are essential for the individual’s liberty and dignity. Key features include the right to equality (Articles 14-18), the right to freedom (Articles 19-22), the right against exploitation (Articles 23-24), the right to freedom of religion (Articles 25-28), cultural and educational rights (Articles 29-30), and the right to constitutional remedies (Article 32). These rights are justiciable, meaning individuals can approach the courts for enforcement, and they serve as a check on state power.

Question 4

4. What is the role of the President in the Indian Constitution regarding the legislative process?

Accepted Answer

Ans.The President of India plays a crucial role in the legislative process as the constitutional head of the state. According to Article 111, the President can either give assent to a bill, withhold assent, or return the bill (if it is not a money bill) for reconsideration. The President also summons and prorogues Parliament sessions, gives the opening address, and can dissolve the Lok Sabha. Additionally, under Article 123, the President can promulgate ordinances when Parliament is not in session, which have the same force as laws passed by Parliament.

Question 5

5. How does the doctrine of separation of powers operate in the Indian Constitution?

Accepted Answer

Ans.The doctrine of separation of powers is a cornerstone of the Indian Constitution, delineating the functions and powers of the three branches of government: the legislature, the executive, and the judiciary. This separation ensures that no branch oversteps its authority, promoting a system of checks and balances. The legislature makes laws, the executive implements them, and the judiciary interprets the laws and adjudicates disputes. While the Constitution provides for distinct roles, there are overlaps and interdependencies to ensure effective governance, such as the judiciary's role in reviewing legislative actions.

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