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Day 65-Ques Ans

The Constitution of India derives its inspiration from the law books of many other countries. Yet it is unique in character. Do you agree? Substantiate.

Indian constitution known as borrowed constitution and constitution makers accepted this fact. It is unique in nature because Indian constitution have adopted many ideas from constitutions but modified as per need; it can be understand by many examples

  • Made for India- our constitution content and modules are more for India. Like our preamble takes about all the issues like justice, secularism, equality which is prime need of India as nation.
  • Balance of unitary and federal structure- unlike many unitary and federal nations, Indian constitution deals with all major aspects of union and federal structure in detail which is very unique.
  • Balance between parliament, executive, and judiciary- unlike British and USA constituent where either parliament is supreme or executive is largely independent Indian constitution set balance here.
  • Fundamental rights with duties- very few constitutions have both components tougher as part of constitution.
  • DPSP- although this idea was brought from other countries but all DPSPs very contextual and motivated from Indian freedom movement experiences.
  • Three tier governance- again it is something very much contextual designed for Indian need to empower people.
  • Rigidity with flexibility- a unique model against unlike USA, Japan, or UK our constitution is open for changes as per need of time with proper check and balances.

Constitution are evolving ideas so even we borrowed ideas, constituting makers redesigned them as per our need and its success can be understand by single fact that many countries failed their constituent but India with up and low sustaining its democratic values.

Critically examine the evolution of the ‘basic structure’ doctrine and the role of judiciary in it.

“Basic structure” doctrine emerged because space for judiciary innovation was provided by our constitution makers in constitution itself. Artilce 245 allow parliament to make laws related to condition provisions and article 368 provides power to parliament to amend the constitution as per need. The question of legislative power to amend the constituent was debated many times like in Sankari Prasad Dev vs Union of India case; it was followed by Sajjan Singh Vs State of Rajastahan. In Golak nath case judiciary bench ordered that legislative cannot amend the fundamental rights. Finally, basic structure doctrine emerged as solution to a Question that how much parliament can amend the constitution and its basic principles. In Kesavanand Bharati case, 13 judiciary bench took a decision as judiciary innovation that parliament can amend the constitution as long as it do not disturb the basic core component of constitution popularly known as “Basic structure”. Evolution of basic structure was a land mark decision of judiciary because

  • Democratized the idea of separation of power between parliament and judiciary.
  • Defined the basic features as soul of Indian constitution.
  • It put a check on legislative outreach against individual rights.
  • Allowed Judiciary to establish itself as protector of constitution as it was visualized by constitution.
  • Basic feature itself is not a static concept so it gets evolved with time as judiciary interpreted in later cases like right of life under article 21.

Many argue the Basic structure doctrine as landmark decision which acted as protector of Indian constitution and restore common mass faith on Indian judiciary. It is a bridge which balances parliament power with constitutional framework.

Frequent terrorist attacks on civilians and army establishments have exposed the weakness of India’s intelligence gathering apparatus. Examine. Also suggest the measures to develop a robust intelligence framework in India.

In recent time, as per news Indian intelligence failed against major terror attacks like in case of Pathankot attack and again in Uri terror attack. It is because of many reasons-

  • Poor coordination- at present in India 14 intelligence agencies are working parallel but because of poor coordination information flow and its decoding is a challenge.
  • Infrastructure- Now state sponsored terrorist are highly equipped but because of poor infrastructure Indian agencies sometime not able to capture and it convert to bigger security challenge.
  • International coordination- terrorism has global face but Indian security agencies are still in process to get quick and correct information from different international security agencies.
  • Political backup- many steps need to be taken and NCTC and Netagrid are few such initiatives which are not in concrete form yet because of political passiveness.

To encounter any future challenge we need to take few concrete steps

  • Cyber security policy implementation- it is already in public domain since 2013 but its robust implementation is must.
  • Netagrid- for coordinating all information at one place for, decoding, and dissemination are the key which need to be done.
  • Space technology- for real time data monitoring, information sharing, and secret communication among intelligence agencies will be a big boost.
  • Legislative backup- for cyber security bill and NCTC which enable security agencies for smoother action in Indian federal structure.

Intelligence agencies need more empowerment and infrastructure support to encounter any such failure in future and for that political backup and legislative support will be the key.

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