DMPQ: Ordinance making power is an emergency power but in Indian constitutional history this power has been surrounded with issues. Explain the issue involved with ordinance making power.

Article 123 of the Constitution grants the President certain law-making powers to promulgate ordinances during the recess of Parliament. These ordinances have the same force and effect as an Act of Parliament but are in the nature of temporary laws.  Similarly power is given under article 213 to governor of states. Issues associated with the … Read more

DMPQ-“Healthy bicameralism is predicated on the constructive relationship between Upper and Lower Houses of Parliament.” Analyse the contemporary relevance of the statement.

“The makers of our Constitution envisaged the role of the Rajya Sabha along three axes: as a legislative chamber of elders discussing, revising or delaying legislation as per need; as an institution where interests of the states of the Indian Union could be projected and safeguarded and; as a deliberative chamber where greater and diverse … Read more

DMPQ-Though the provision was used many times for the good of deprived sections, the Supreme Court’s vast powers under the Article 142 raise important concerns. Discuss, along with the need for checks and balances to uphold the doctrine of separation of powers.

Article 142 empowers the Supreme Court to make such order as is necessary for doing “complete justice” in any matter before it. Article 142 is conceived to give the apex court the powers to meet the situation(s) which cannot be effectively tackled by existing provisions of law. Over the years, the apex court has often … Read more

DMPQ-Right to privacy has been elusive in India and the absence of a law specifying safeguards to privacy increases the risk of infringement of this right. This is accentuated by the myriad of sources collecting information about the citizens. Do you think there is a threat to privacy in India and to what extent can a law mitigate them?

The status of “Right to privacy” under the Constitution has not been settled as yet in India. In fact in M.P. Sharma vs. Satish Chandra 1954, an 8-judge bench of the Supreme Court ruled that it is not a fundamental right and this decision of the Supreme Court has not been overruled by the Supreme … Read more

DMPQ-“Dr. Ambedkar’s objection to the concurrence of Chief Justice in India in the appointment of Judges was legally allayed by the Second and Third Judges Cases.” Explain the statement in the light of the Judgment of the Apex Court in the Supreme Court Advocates-on-Record Association Vs. Union of India, 2015 (Fourth Judges case). Also explain why the Supreme Court did not consider it as necessary to review the Second and Third Judges decisions.

Dr. Ambedker’s objection was premised on the potential frailty in individual decision making, howsoever wise the person may be. As President acts on the advice of Council of Ministers, it was thought that “consultation” with Chief Justice of India (CJI) is better than the President being required to concur with the opinion of Chief Justice … Read more

DMPQ-. “Even after twenty years of the enactment of the 73rd and the 74th Constitutional Amendments, local self governments are neither local nor self-governing.” Do you agree? What are the key reasons for such a state of affairs? What suggestions would you put forward to improve the situation?

Integrating institutional reforms in local governance with economic reforms was Gandhiji’s far-sighted vision of ‘Poorna Swaraj’. Economic reforms and local government empowerment were the two great initiatives launched in the 1990s. While economic reforms have taken roots and have yielded dividends, local government empowerment, as envisaged, has not taken place. The key reason behind such … Read more

DMPQ- Discuss the constitutional amendment procedure in India.

Constitution amendment can be done via article 368 of the constitution which suggest two mays to amend the constitution apart from that there are other ways also through which constitution can be amended i.e. with simple majority.  The procedure is as follows:

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