Page-10 of GS-II: Constitution of India & Polity
Comment in comparative perspective on the amendability of the Indian constitution as a mix of rigidity and flexibility.
Unlike the British and the American constitutions, the Indian constitution blends flexibility and rigidity to serve the interests of a very diverse nation, with article 368 enabling amendments. Flexibility: Several constitutional provisions may be amended by a simple majority of ..
Critically analyze the practice of setting up fast-track courts to reduce pendency of cases in the judiciary.
Fast track courts were set up by the government of India to expedite the justice delivery and a reduced pendency of cases. They were set up under fast track courts act 1989. Fast track courts help in reducing pendency: Reduce ..
What are the major challenges towards reaching to a permanent and efficient dispute resolution mechanism for water allocation in interstate rivers? Critically discuss while keeping in focus recent proposal of a single, permanent Tribunal to adjudicate all inter-state river water disputes.
Challenges towards reaching a permanent and efficient dispute resolution mechanism Extreme delays in dispute resolution, No further avenue for redress grievances after the dissolution of the tribunal 3 .No permanent institution for implementing tribunal awards Objection of state to implement ..
While the political decentralization in India has been fairly successful, it faces several hurdles at fiscal and administrative fronts. Comment.
The constitution envisages decentralization through division of fiscal, political and administrative powers between different tiers of government. Political decentralization: The incursions by the centre, into the legislative domain of the states are quite less. The dismissal of elected state governments ..
The Anti-Defection Law (ADL) has been violated and misinterpreted time and again. Suggest measures to strengthen the Anti-Defection Law.
The Anti-Defection Laws (1985) seeks to disqualify legislators who vote against party directives in the legislature, or voluntarily give up party membership. Violations of Anti-Defection Law: The Speakers of various legislative assemblies have played a partisan role when it comes ..
The lower judiciary in India is plagued by various challenges which directly impacts its productivity. Discuss and suggest some remedial measures.
Lower judiciary or subordinate courts are the courts which function at the district level and below, in the form of session courts (criminal cases) and district court (civil cases). They work under the supervisory jurisdiction of the High Courts. Challenges ..
Enumerate the provisions within the institutional architecture of India to resolve inter-state disputes. Assess their effectiveness.
The institutional architecture in India to settle inter-state disputes includes the interstate council, the NITI Aayog and the Supreme Court. Inter-State Council: It is a constitutional body established under article 263, thus well-placed to settle disputes. It has solved over ..
Throw some light on the importance of alternate dispute resolution (ADR) mechanisms and its types available in India. Suggest measures to further improve it.
Alternate dispute definition is defined as the process of mediation and resolution of disputes without judicial involvement. Benefits: Cheap resolution Less time consuming Reducing burden of courts More suited for minor disputes where personalized touch is appreciated. Beneficial for marginalized ..