10 Questions
What is the nature of the Constitution of India?
Federal with certain unitary features
What was the majority view of the Supreme Court judges in Kesavananda Bharati v. State of Kerala?
The federal features form the basic structure of the Indian Constitution
What is essential to determine the nature of the Indian Constitution?
To analyze the contents of the Constitution
What are the essential features of a Federal Polity or System?
All of the above
What is the role of the Supreme Court in the Indian political system?
To guard against the violation of the constitutional provisions
Can the States secede from the Union in India?
No, as they are not competent to do so
What is the nature of the distribution of powers between the Union and State Governments?
There is a division of legislative and executive powers
What is the role of the Supreme Court in interpreting the Constitution?
It finally interprets the provisions of the Constitution
What is the relationship between the Union and State Governments in India?
Both the Union and State Governments derive their authority from the Constitution
What is the significance of the Constitution in the Indian political system?
It is the supreme law of the land
Study Notes
Characteristics of the Indian Constitution
- The Indian Constitution is a blend of federal and unitary features, with federal features forming the basic structure.
- The Supreme Court has upheld the federal nature of the Constitution in the Kesavananda Bharati case (AIR 1973 SC 1461).
Essentials of a Federal Polity
- Dual Government: Both the Union and State Governments derive their authority from the Constitution.
- Distribution of Powers: Legislative and executive powers are divided between the Union and State Governments.
- Supremacy of the Constitution: The Constitution is the supreme law of the land.
- Independence of Judiciary: The judiciary is independent, with the Supreme Court at its head.
- Written Constitution: The Indian Constitution is a written document.
- Rigid Procedure for Amendment: The Constitution can only be amended through a rigid procedure.
Key Features of the Indian Constitution
- The Union and State Governments, and their respective organs, derive their authority from the Constitution.
- States cannot secede from the Union.
- The Supreme Court has the power to decide disputes between the Union and States, or between States.
- The Supreme Court has the final authority to interpret the provisions of the Constitution.
Debate on the Nature of the Indian Constitution
- There is ongoing debate among scholars and jurists about whether the Indian Constitution is federal, unitary, or quasi-federal in nature.
- The question ultimately depends on one's philosophical perspective and value judgement.
Understanding the structure of the Indian Constitution, including its federal and unitary features, and the Supreme Court's views on the matter.
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