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The Philosophy Of The Constitution
Question
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Write a short note on Judicial Review.

Answer

Judicial review means the power of the Courts to review the Acts and orders of the legislative and executive wings of Government and to declare them, when challenged by the affected persons, null and void if they are against the provisions of the Constitution. Unlike the American Constitution, the Indian Constitution has specially provided for the judicial review. Under the Indian Constitution, Parliament is not a sovereign body as the Supreme Court can strike down the acts passed by the Parliament. Similarly the orders of the executive are subject to judicial review. This power of the Supreme Court extends to the orders issued and laws passed by the State Legislatures also.

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Some More Questions From The Philosophy Of The Constitution Chapter

Write a short note on Judicial Review.

“India is a Union of States.” Discuss.

The following are certain laws. Are they connected with any value? If yes, then what is the underlying value? Give reasons.

(a) Both daughters and sons will have share in the family property.

(b) There will be different slabs of sales tax on different consumer items.

(c) Religious instructions will not be given in any government school.

(d) There shall be no begar or forced labour.

Which of the options given below cannot be used to complete the following statement?
Democratic countries need a Constitution to

Which of the following principles of secularism are adopted in the Constitution of India?

What are the unique features of Indian Constitution?

“The Indian Constitution had been encouraging equal respect between communities.” Do you agree or disagree with the statement? Explain your decision briefly.

What are the Fundamental Duties given in the Indian Constitution? Discuss the Fundamental Duties of the Indian citizens.

Or

Define 'Duty’.

Or

What are the fundamental duties. Write any two fundamental duties of the Indian Citizen.

This discussion was taking place in a class. Read the various arguments and state which of these do you agree with and why.

Jayesh: I still think that our Constitution is only a borrowed document.

Saba: Do you mean to say that there is nothing Indian in it? But is there such thing as Indian and Western in the case of values and ideas? Take equality between men and women. What is Western about it? And even if it is, should we reject it only because it is Western?

Jayesh: What I mean is that after fighting for independence from the British, did we not adopt their system of parliamentary government?

Neha: You forget that when we fought the British, we were not against the British as such, we were against the principle of colonialism. That has nothing to do with adopting a system of government that we wanted, wherever it came from.

Why is it said that the making of the Indian Constitution was unrepresentative? Does that make the Constitution unrepresentative? Give reasons for your answer.[