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IGNOU BPSE 212/EPS 012 Solved Assignment 2022-23
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Important Note – IGNOU BPSE 212/EPS 012 Solved Assignment 2022-2023 Download Free You may be aware that you need to submit your assignments before you can appear for the Term End Exams. Please remember to keep a copy of your completed assignment, just in case the one you submitted is lost in transit.
Submission Date :
- 31st March 2033 (if enrolled in the July 2033 Session)
- 30th Sept, 2033 (if enrolled in the January 2033 session).
All questions are compulsory.
Assignment – I
Answer the following in about 500 words each.
1. Examine the Parliament’s powers to amend the Constitution of India with particular reference to the ‘Basic Structure’ doctrine.
There is no mention of the term “Basic Structure” anywhere in the Constitution of India. The idea that the Parliament cannot introduce laws that would amend the basic structure of the constitution evolved gradually over time and many cases. The idea is to preserve the nature of Indian democracy and protect the rights and liberties of people. This Basic Structure doctrine of the Indian Constitution helps to protect and preserve the spirit of the constitution document.
It was the Kesavananda Bharati case that brought this doctrine into the limelight. It held that the “basic structure of the Indian Constitution could not be abrogated even by a constitutional amendment”. The judgement listed some basic structures of the constitution as:
- Supremacy of the Constitution
- Unity and sovereignty of India
- Democratic and republican form of government
- Federal character of the Constitution
- Secular character of the Constitution
- Separation of power
- Individual freedom
Over time, many other features have also been added to this list of basic structural features. Some of them are:
- Rule of law
- Judicial review
- Parliamentary system
- Rule of equality
- Harmony and balance between the Fundamental Rights and DPSP
- Free and fair elections
- Limited power of the parliament to amend the Constitution
- Power of the Supreme Court of India under Articles 32, 136, 142 and 147
- Power of the High Court under Articles 226 and 227
Any law or amendment that violates these principles can be struck down by the SC on the grounds that they distort the basic structure of the Constitution.
Evolution of the Basic Structure Concept
The concept of the basic structure of the constitution evolved over time. In this section, we shall discuss this evolution with the help of some landmark judgement related to this doctrine.
Shankari Prasad Case (1951)
- In this case, the SC contended that the Parliament’s power of amending the Constitution under Article 368 included the power to amend the Fundamental Rights guaranteed in Part III as well.
Sajjan Singh case (1965)
- In this case also, the SC held that the Parliament can amend any part of the Constitution including the Fundamental Rights.
- It is noteworthy to point out that two dissenting judges, in this case, remarked whether the fundamental rights of citizens could become a plaything of the majority party in Parliament.
Golaknath case (1967)
- In this case, the court reversed its earlier stance that the Fundamental Rights can be amended.
- It said that Fundamental Rights are not amenable to the Parliamentary restriction as stated in Article 13 and that to amend the Fundamental rights a new Constituent Assembly would be required.
- Also stated that Article 368 gives the procedure to amend the Constitution but does not confer on Parliament the power to amend the Constitution. This case conferred upon Fundamental Rights a ‘transcendental position’.
- The majority judgement called upon the concept of implied limitations on the power of the Parliament to amend the Constitution. As per this view, the Constitution gives a place of permanence to the fundamental freedoms of the citizens.
- In giving to themselves the Constitution, the people had reserved these rights for themselves.
Kesavananda Bharati case (1973)
- This was a landmark case in defining the concept of the basic structure doctrine.
- The SC held that although no part of the Constitution, including Fundamental Rights, was beyond the Parliament’s amending power, the “basic structure of the Constitution could not be abrogated even by a constitutional amendment.”
- The judgement implied that the parliament can only amend the constitution and not rewrite it. The power to amend is not a power to destroy.
- This is the basis in Indian law in which the judiciary can strike down any amendment passed by Parliament that is in conflict with the basic structure of the Constitution.
Indira Nehru Gandhi v. Raj Narain case (1975)
- Here, the SC applied the theory of basic structure and struck down Clause(4) of Article 329-A, which was inserted by the 39th Amendment in 1975 on the grounds that it was beyond the Parliament’s amending power as it destroyed the Constitution’s basic features.
- The 39th Amendment Act was passed by the Parliament during the Emergency Period. This Act placed the election of the President, the Vice President, the Prime Minister and the Speaker of the Lok Sabha beyond the scrutiny of the judiciary.
- This was done by the government in order to suppress Indira Gandhi’s prosecution by the Allahabad High Court for corrupt electoral practices.
Minerva Mills case (1980)
- This case again strengthens the Basic Structure doctrine. The judgement struck down 2 changes made to the Constitution by the 42nd Amendment Act 1976, declaring them to be violative of the basic structure.
- The judgement makes it clear that the Constitution, and not the Parliament is supreme.
- In this case, the Court added two features to the list of basic structure features. They were: judicial review and balance between Fundamental Rights and DPSP.
- The judges ruled that a limited amending power itself is a basic feature of the Constitution.
Waman Rao Case (1981)
- The SC again reiterated the Basic Structure doctrine.
- It also drew a line of demarcation as April 24th, 1973 i.e., the date of the Kesavananda Bharati judgement, and held that it should not be applied retrospectively to reopen the validity of any amendment to the Constitution which took place prior to that date.
- In the Kesavananda Bharati case, the petitioner had challenged the Constitution (29th Amendment) Act, 1972, which placed the Kerala Land Reforms Act, 1963 and its amending Act into the 9th Schedule of the Constitution.
- The 9th Schedule was added to the Constitution by the First Amendment in 1951 along with Article 31-B to provide a “protective umbrella” to land reforms laws.
- This was done in order to prevent them from being challenged in court.
- Article 13(2) says that the state shall not make any law inconsistent with fundamental rights and any law made in contravention of fundamental rights shall be void.
- Now, Article 31-B protects laws from the above scrutiny. Laws enacted under it and placed in the 9th Schedule are immune to challenge in a court, even if they go against fundamental rights.
- The Waman Rao case held that amendments made to the 9th Schedule until the Kesavananda judgement are valid, and those passed after that date can be subject to scrutiny.
Indra Sawhney and Union of India (1992)
- SC examined the scope and extent of Article 16(4), which provides for the reservation of jobs in favour of backward classes. It upheld the constitutional validity of 27% reservation for the OBCs with certain conditions (like creamy layer exclusion, no reservation in promotion, total reserved quota should not exceed 50%, etc.)
- Here, ‘Rule of Law’ was added to the list of basic features of the constitution.
S.R. Bommai case (1994)
- In this judgement, the SC tried to curb the blatant misuse of Article 356 (regarding the imposition of President’s Rule on states).
- In this case, there was no question of constitutional amendment but even so, the concept of basic doctrine was applied.
- The Supreme Court held that policies of a state government directed against an element of the basic structure of the Constitution would be a valid ground for the exercise of the central power under Article 356.
2. How do the Indian Constitution balance individual and community rights? Elaborate.
The article prohibits the deprivation of rights according to procedures established by law. Article 21 is the heart of the Indian Constitution. It is the most organic and progressive provision in our Indian Constitution. Fundamental rights are protected under the charter of rights in the Constitution of India. Article 21 talks about equality before the law, freedom of speech and expression, religious and cultural freedom, etc. Article 21 is valid for every citizen of India. It is also valid for foreign citizens.
Right to life
Every citizen has the right to life, liberty, and security of person. The right to life is the fundamental right in the Indian constitution. Human rights are only attached to living beings. The right to life is the most valuable rights to citizens. There would have been no Fundamental Rights, worth mentioning if Article 21 had been interpreted in its original sense. This article examines the right to life which is interpreted by the Supreme Court of India in numerous cases.
Right to life is a fundamental aspect of life without which we cannot live as a human being and it includes all those aspects of life which go to make a human being’s life meaningful, complete, and worth living. It is only the article in the constitution that has received the widest possible interpretation. Under Article 21 of the Indian Constitution, the right to shelter, growth, and nourishment are mentioned. Because it is the bare necessity, minimum and basic requirements that are essential and unavoidable for a person for the right to life and other rights.
Facts of the case
By the terms of the life, the existence of animals is more important. The inhibition against deprivation extends to all those limbs and faculties by which life is enjoyed. The provision equally prohibits the mutilation of the body by amputation of an armored leg or pulling out of an eye, or the destruction of any other organ of the body through which the soul of our body communicates with the outer world.
The Judgment of the case:
The apex court held that the right to privacy is not a fundamental right in the Constitution of India
Right to personal liberty
“No person shall be deprived of personal liberty according to the procedure established by law”.
The protection of our liberty is the mere responsibility of our law as our Constitution of India quoted. As we see the Supreme Court is the guardian of the Constitution of India. So according to this Supreme Court has the mere responsibility to protect and guarantee fundamental rights. As a citizen of India, we have all the fundamental rights which are established by law. So we can enforce it through the Supreme Court whenever our fundamental rights get violated.
Right to constitutional remedy is the part of fundamental rights so it is the responsibility of the Supreme Court to exercise the Judicial Review through writs or orders for the enforcement of fundamental rights. The Supreme court has made the judicial process as a bulwark of personal liberties.
“The Article 32 of the Constitution is the soul of the constitution of India and it is also considered as the heart of the Indian Constitution because in case of Right to life or any right which belongs to human beings we only refer Article 32 of the Indian Constitution”.
The Constitution of India is the most valuable law. Personal liberty is developed from the Magna Carta. Personal liberty is not subjected to imprisonment, arrest, or other physical coercion in any manner. Positivity is the basic element of personal liberty.
Facts of the case
In this case, Manenka Gandhi issued a passport for the foreign tour from the passport office. But the Regional Passport officer Delhi has informed the petitioner about the passport that this decision is taken by the Government of India for the acceptance of passport. Because of this reason the petitioner had to surrender her passport within 7 days. After some time the Government rejected the passport saying it is against the interest of the general public. Then the petitioner filed a writ petition challenging the government for impounding the passport and declining from doing so.
The Judgment of the case:
In the case of Maneka Gandhi the Supreme Court gave a new direction to Article 21 and said that the right to live is not merely a physical right but includes the ambit of the right to live with human dignity.
Right to Equality
Right to equality is also the part of Article 21 of the Indian Constitution which is the fundamental right. This right includes equality before the law, the prohibition of discrimination, etc. No citizen can be discriminated against based on sex, caste, colour, creed or religion. And it is a fundamental right which cannot be violated by anyone. If this right is violated then it is the dishonour of Article 21.
Equality before law:
The state shall not deny to any person equality before the law or the equal protection of laws within the territory of India.
The rule of law is governed by the State Government or the people who are appointed by the law. Equality before the law means every person has to follow the rules and regulations of law that are implemented under the Constitution of India. No law should be violated by any person. If anyone violates the rule of law they are punishable by a court of law. Rule of law also confers that every person is protected within the territory of India. No person can be discriminated against related to sex, gender, caste or religion. Every citizen of India has the right to life under Article 21. The person who came from other countries to India is also guaranteed the right under Article 21.
Assignment – II
Answer the following questions in about 250 words each.
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Assignment – III
Answer the following questions in about 100 words each.
7. Write a brief note on the basic features of globalisation.
8. What contribution has the reservation made to the rise of new classes?
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