Polity Archives - Page 2 of 34 - Maharashtra PCS Exam Notes

DMPQ-Though the provision was used many times for the good of deprived sections, the Supreme Court’s vast powers under the Article 142 raise important concerns. Discuss, along with the need for checks and balances to uphold the doctrine of separation of powers.

Article 142 empowers the Supreme Court to make such order as is necessary for doing “complete justice” in any matter before it. Article 142 is conceived to give the apex court the powers to meet the situation(s) which cannot be effectively tackled by existing provisions of law. Over the years, the apex court has often … Read more

DMPQ-Right to privacy has been elusive in India and the absence of a law specifying safeguards to privacy increases the risk of infringement of this right. This is accentuated by the myriad of sources collecting information about the citizens. Do you think there is a threat to privacy in India and to what extent can a law mitigate them?

The status of “Right to privacy” under the Constitution has not been settled as yet in India. In fact in M.P. Sharma vs. Satish Chandra 1954, an 8-judge bench of the Supreme Court ruled that it is not a fundamental right and this decision of the Supreme Court has not been overruled by the Supreme … Read more

DMPQ-“Dr. Ambedkar’s objection to the concurrence of Chief Justice in India in the appointment of Judges was legally allayed by the Second and Third Judges Cases.” Explain the statement in the light of the Judgment of the Apex Court in the Supreme Court Advocates-on-Record Association Vs. Union of India, 2015 (Fourth Judges case). Also explain why the Supreme Court did not consider it as necessary to review the Second and Third Judges decisions.

Dr. Ambedker’s objection was premised on the potential frailty in individual decision making, howsoever wise the person may be. As President acts on the advice of Council of Ministers, it was thought that “consultation” with Chief Justice of India (CJI) is better than the President being required to concur with the opinion of Chief Justice … Read more

DMPQ-. “Even after twenty years of the enactment of the 73rd and the 74th Constitutional Amendments, local self governments are neither local nor self-governing.” Do you agree? What are the key reasons for such a state of affairs? What suggestions would you put forward to improve the situation?

Integrating institutional reforms in local governance with economic reforms was Gandhiji’s far-sighted vision of ‘Poorna Swaraj’. Economic reforms and local government empowerment were the two great initiatives launched in the 1990s. While economic reforms have taken roots and have yielded dividends, local government empowerment, as envisaged, has not taken place. The key reason behind such … Read more

DMPQ- Amendment to the Indian constitution is mixed of flexibility and rigidity. Discuss the ways in which constitution can be amended.

Indian constitution is rightly said is a perfect blend of rigidity and flexibility as it cannot be amended by simple majority as in the case of Britain but similarly it is not that difficult as in the case of US Constitution. There are three ways through which constitution can be amended: By simple majority: Some … Read more

DMPQ- Discuss the constitutional amendment procedure in India.

Constitution amendment can be done via article 368 of the constitution which suggest two mays to amend the constitution apart from that there are other ways also through which constitution can be amended i.e. with simple majority. The procedure is as follows:

DMPQ- DPSP are non justiciable but still they possess paramount utility. comment

DPSP are enshrined in part IV of the constitution and they are constitutional direction to achieve social and economic democracy in India. They are akin to instrument of instruction and are fundamental to the governance of the country. They have paramount utility as: They act as a source of benchmark to judge the performance of … Read more

DMPQ- Explain the Salient features of data protection bill 2019.

The Bill regulates the processing of personal data of individuals (data principals) by government and private entities (data fiduciaries) incorporated in India and abroad. Processing is allowed if the individual gives consent, or in a medical emergency, or by the State for providing benefits. • The data principal has several rights with respect to their … Read more

DMPQ- Special status is accorded to Nagaland under article 371A. What are the different provisions of the article?

Act of parliament relating to following matters would not apply to Nagaland unless state assembly so decides:  Religious & social practices of Nagas  Nagas customary law & procedure  Administration of civil or criminal justice involving decisions according to Naga customary law  Ownership & transfer of land & its resources Special responsibility … Read more

DMPQ: Police reforms is long awaited reform. In the light of the statement, what were the directives given in Prakash singh vs Union Of India case?

Police is in want of reforms. The major issues are insensitivity of Police, Gender disparity in workforce, custodial deaths, overburdened force, ill equipped force, major emphasis on law and order control and overlooking of intelligence, undue political interference and many more. In this light, the reforms are long overdue. Paraksh singh, former DGP of UP … Read more