42nd Amendment: Socialist & Secular in Preamble

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Questions and Answers

Considering the nuances of secularism as interpreted by the Indian Supreme Court, which of the following statements most accurately encapsulates the Court's stance?

  • Secularism mandates a strict separation between the state and religion, preventing any form of state intervention in religious affairs.
  • Secularism entails the establishment of a uniform civil code to ensure religious harmony and equality before the law.
  • Secularism requires the state to maintain neutrality towards all religions while simultaneously possessing the authority to regulate economic, financial, political, and secular aspects associated with religious practices. (correct)
  • Secularism prioritizes the protection of the religious freedom of majority communities while allowing for reasonable restrictions on minority religious practices to maintain social order.

In the context of the Indian Supreme Court's observations on 'Socialism,' which proposition most accurately reflects the court's interpretation, particularly concerning its divergence from classical Marxist ideology?

  • Socialism denotes a commitment to a Welfare State, ensuring equality of opportunity and entailing a mixed economy model that accommodates both state intervention and private enterprise for increased employment and economic growth. (correct)
  • Socialism entails the establishment of a centrally planned economy with strict state control over all industries and economic activities.
  • Socialism advocates for violent revolution by the working class to overthrow the exploitative capitalist system and establish a communist state.
  • Socialism necessitates the complete nationalization of all means of production and distribution to ensure equitable resource allocation.

Given the Supreme Court's recent pronouncements on Article 39(b) of the Indian Constitution, which of the following scenarios would most likely be deemed as an impermissible overreach of state power regarding property acquisition?

  • The state acquires a privately-owned, underutilized industrial plant to revitalize a struggling local economy and create employment opportunities for unemployed youth.
  • The state nationalizes a private hospital chain to provide affordable healthcare services to the general public, arguing that healthcare is a basic necessity that should not be subject to market forces.
  • The state acquires a vast tract of fertile agricultural land owned by private individuals to establish a Special Economic Zone (SEZ) to attract foreign investment and boost exports, without demonstrating a direct nexus to the common good. (correct)
  • The state acquires privately-owned agricultural land to redistribute it among landless farmers, citing the need to alleviate agrarian distress and promote equitable land ownership.

Considering the evolution and status of property rights as per the various amendments to the Indian Constitution, how does Article 300A impact the state's ability to implement land reforms aimed at addressing historical injustices in land distribution?

<p>Article 300A necessitates that any acquisition of private property by the state must be authorized by law and accompanied by fair compensation, thereby circumscribing the scope and manner of land reforms. (B)</p> Signup and view all the answers

How does the Public Trust Doctrine constrain governmental actions related to the management and allocation of natural resources, particularly concerning projects with significant environmental consequences?

<p>It mandates that the government act as a trustee, managing natural resources for the benefit of the public and ensuring their sustainable use, even if it entails foregoing short-term economic benefits. (D)</p> Signup and view all the answers

Given the emphasis on decentralization in the context of internal party democracy, what implications does it have for candidate selection within political parties, especially concerning marginalized and underrepresented groups?

<p>Decentralization can empower local party units to nominate candidates from marginalized groups, potentially enhancing their representation in electoral politics. (A)</p> Signup and view all the answers

Considering the limitations of Section 29A of the Representation of the People Act (RPA), 1951, how effectively does it promote internal accountability and democratic candidate selection within political parties?

<p>Section 29A primarily focuses on the registration of political parties with the ECI and establishes provisions for internal accountability but has limited provisions relating to candidate selection. (C)</p> Signup and view all the answers

Within the United States' Electoral College system, what strategic advantage do swing states or "battleground states" possess, and how can their influence disproportionately affect presidential election outcomes?

<p>Swing states, characterized by their unpredictable voting patterns and closely divided electorates, can determine the overall winner due to the winner-take-all allocation of electoral votes. (A)</p> Signup and view all the answers

Considering the fiscal autonomy of Municipal Corporations (MCs) in India, which of the following strategies would be LEAST effective in enhancing their revenue generation and reducing their dependence on external funding sources?

<p>Aggressively privatizing municipal assets and services to generate short-term revenue gains without regard to long-term social impacts. (D)</p> Signup and view all the answers

In contrast to the desired outcomes of the 74th Constitutional Amendment, which aspect of urban governance in India most severely impedes the ability of Urban Local Bodies (ULBs) to function as effective agents of local self-governance?

<p>The existence of parallel bodies or state government agencies performing similar functions in the same geographical area. (B)</p> Signup and view all the answers

What constitutes the greatest threat to Non-Governmental Organizations (NGOs) in effectively addressing complex developmental challenges, particularly those operating in politically sensitive or conflict-affected regions?

<p>Security concerns regarding misuse of funds for terrorism, radicalization etc. (A)</p> Signup and view all the answers

Under the Foreign Contribution (Regulation) Act (FCRA), 2010, as amended, what constitutes the most significant legal impediment to the operational autonomy and effectiveness of NGOs receiving foreign funding?

<p>The ceiling on foreign contributions being used for administrative expenditure from 50% to 20%. (A)</p> Signup and view all the answers

Considering the limitations existing in India's Data Protection framework, especially in comparison to global standards, what strategic measures could be implemented to effectively address the ethical dilemmas and potential risks associated with AI-driven governance?

<p>Implement a robust AI-specific regulatory framework, encompassing data privacy, algorithmic transparency, and accountability mechanisms, mirroring the EU's AI Act. (A)</p> Signup and view all the answers

Considering India's aims to harness AI for inclusive and accessible governance, what targeted interventions would most effectively bridge the digital divide and ensure that AI-driven services reach marginalized populations, particularly in rural and remote areas?

<p>Invest in improving digital infrastructure, promoting digital literacy, and developing AI systems that leverage local languages and contexts to reach underserved communities. (C)</p> Signup and view all the answers

How might participatory AI development mitigate the risks associated with algorithmic bias and discriminatory outcomes in AI-driven governance?

<p>By involving a diverse range of stakeholders in the creation of AI systems, helping to identify and address potential biases and promote fairness. (D)</p> Signup and view all the answers

Despite the digitization of land records, which factors most significantly perpetuate the problem of land disputes and impede the realization of conclusive land titling?

<p>The persistence of presumptive land titling systems, where ownership is based on transaction records rather than state-guaranteed titles. (C)</p> Signup and view all the answers

What specific reforms are most urgently needed to improve the efficacy of land distribution schemes and prevent the dispossession of marginalized communities from their ancestral lands?

<p>Provide legal resources to those disadvantaged by the land distribution system. (D)</p> Signup and view all the answers

How effectively does the Rights of Persons with Disabilities (RPwD) Act, 2016, address the systemic exclusion of individuals with psychosocial disabilities (mental health conditions) from mainstream society?

<p>Requires all public and private institutions to proactively promote the inclusion of individuals with psychosocial disabilities. (C)</p> Signup and view all the answers

What key provision within the existing framework of law most effectively promotes equal opportunity for PwD?

<p>Availability of specialist staff (C)</p> Signup and view all the answers

Flashcards

Socialist and Secular

Words added to the Preamble by the 42nd Amendment Act of 1976, reflecting a commitment to social and economic equality.

The 42nd Amendment Act, 1976

An act amending the Preamble, 40 articles, and the 7th Schedule, adding 14 new articles and two new parts to the Constitution.

Secularism (Indian Context)

Represents the state's commitment to equality, ensuring no citizen is discriminated against based on religion.

Socialism (Indian context)

Denotes the states dedication to the welfare state and ensuring equality of opportunity

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Preamble as Amendable

A philosophy that the Preamble is an integral part of the Constitution and can be amended.

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Right to Property

Original right, now constitutional right, subject to reasonable restrictions and not absolute.

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Eminent Domain

A legal principle empowering the government to acquire private property for public use, provided fair compensation is given.

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Public Trust Doctrine

Ensure that resources are used responsibly for benefit of public and future generations

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Internal Party Democracy

Describes the internal structure & coordination of political parties in line with democratic values.

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Electoral College (US)

A body of electors chosen to elect the president and vice president of the USA.

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Municipal Institutions in India

Describes the formal governing bodies for cities, towns and villages.

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Non Govermental Organisation (NGO)

An organisation, group or institution that operates independently from a Government with humanitarian or development objectives

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FCRA, 2010

The act restricts use of foreign funding for purposes that may affect the nations soverignity and integrity.

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Government Initiatives Promoting NGOs

Addresses welfare schemes for women, children, promotion and conservation of art and culture

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AI Data Bank

India's first initiative to boost innovation by offering researchers access to diverse datasets for Al solution

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National AI Strategy

Technology promotes innovation, ethical governance, collaborative, etc with Al in healthcare, agriculture, smart cities and space exploration

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Participative AI (PAI)

Refers to the involvement of a wider range of stakeholders than just technology developers in the creation of Al systems

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Digitization of Land Records

A system uses technology to track the progress and maintain the integrity of land and other properties that exist in a single geographic area.

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Unique Land Parcel Identification Number

A 14 digit alphanumeric code for each land parcel to streamline real estate transactions,resolve property disputes and improve disaster management efforts

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Social Model of Disability

The social model focuses promotes social change for inclusion and equality of PwDs by removing social barriers preventing their full participation

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Study Notes

  • Supreme Court dismissed petitions challenging the inclusion of "socialist" and "secular" in the Preamble via the 42nd Amendment Act, 1976.
  • Petitions argued these words were added during the Emergency (1975-1977) and lacked popular consent.
  • Petitions further claimed any additions after the Preamble's adoption date (November 26, 1949) were invalid.

The 42nd Amendment Act, 1976

  • Referred to as the "mini-Constitution" because it amended the Preamble, 40 articles, and the 7th Schedule, and added 14 new articles and two new parts.
  • The Preamble was modified to include the words "Socialist", "Secular", and "Integrity", changing "unity of nation" to "unity and integrity of the nation".
  • Changes in the 7th Schedule transferred education, forests, wildlife protection, weights and measures, and administration of justice from the State list to the Concurrent list
  • Article 352 was amended, enabling the President to declare an Emergency in any part of the country
  • Article 39 to secure opportunities for healthy development of children
  • Article 39A-Equal justice and free legal aid
  • Article 43A-Participation of workers in management of industries
  • Article 48A-Protection and improvement of environment and safeguarding of forests and wildlife
  • Introduced new parts: Part IV-A (Fundamental duties), Part XIV-A (Establishment of administrative tribunals)

Key Observations

  • The date of adoption does not limit Parliament's amending power under Article 368.
  • Article 368 allows Parliament to amend, vary, or repeal any provision.
  • The amending power extends to the Preamble but can be challenged for violating the basic structure.
  • Secularism ensures the state neither maintains its own religion nor restricts religious freedom, representing equality.
  • Socialism commits the State to a Welfare State, ensuring equal opportunity.
  • India's Constitution is a living document, with evolving interpretations of terms like socialism and secularism.

Secularism

  • Indian Secularism emphasizes neutrality and a positive role towards religion, granting the state power to regulate economic, financial, political, and secular aspects of religious practice.
  • Deals with religious freedom for individuals and minorities.
  • Western Secularism enforces strict separation of state and religion based on non-interference

Socialism

  • Aims for a society with equality in economic, political, and social life.
  • Popularized by Karl Marx, who envisioned a violent revolution by the working class to overthrow capitalist exploitation.
  • Democratic, Evolutionary, Fabian, and Guild Socialism are some examples.
  • In India, the idea of socialism is based on a mixed economy, ensuring welfare alongside private enterprise for economic growth.
  • Rejects strict divisions between individual and community, focusing on reforming both
  • Accords the State greater power while retaining private property, not eliminating capitalists but reducing inequality.
  • Emphasizes non-violence, seeking to eliminate violence from domestic politics.
  • A coexistence of democratic principles with socialist ideas.
  • Differing from Marxism, believe the state is for social welfare, not capitalist exploitation.
  • All classes in society own the state in marxism
  • It advocates peaceful and evolutionary means for bringing about change.
  • Despite differing from Marxist ideology, shares aims of ending worker exploitation and promoting equality.

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