Polity

Comptroller and Auditor general is a constitutional body sanctioned by article 148 of the constitution. Its work is to audit the expenditure incurred by government of India, Government of state from consolidated fund of India, Contingency fund of India, Public accounts of India. Its function is to prepare audit reports on appropriation, finance and public … Read more DMPQ- Autonomous functioning of CAG is an important part to keep our democracy vibrant. Discuss the provisions provided in the constitution to have free functioning of CAG.

Since auditing is a task of impartial evaluation of the performance of governmental functions, it requires autonomy for the CAG. Constitution has thereby secured independence via following provisions: He is appointed by the President by a warrant under his hand and seal and his oath of office requires him to uphold the Constitution of India … Read more DMPQ- What are the safeguards provided in the constitution for effective functioning of CAG?

The Parliamentary system of government refers to “a system of government having the real executive power vested in a cabinet composed of members of the legislature who are individually and collectively responsible to the legislature. Reasons for adopting Parliamentary government are as follows: Because of the familiarity with the previous government of India act 1909,1919 … Read more DMPQ- Why our constitutional makers adopted parliamentary form of government?

Legislative Council or Vidhan Parishad is the upper house in bicameral legislatures in some states of India. Article 169 of the constitution of India deals with the creation or abolition of State Legislative Councils. The power of abolition and creation of the State legislative council is vested in Parliament of India as per article 169. To create … Read more DMPQ- What is the procedure for the formation of legislative council?

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: 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.

Indian constitution with strong centre but it has federal elements too like dual polity, law making ability is vested separately to centre and states. Dual executives are also there but here are some provisions in the constitution which makes the federation with strong centre: Single Constitution: There are no separate constitutions for the States. In a … Read more DMPQ: Indian constitution is federation with strong centralist tendencies. Comment

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

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-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.

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-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?

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-“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.