Category: Polity

A Constitution Bench of the Supreme Court ruled that the Aadhaar metadata cannot be stored beyond six months.  Statement 2 is correct. Part of Section 57 of the Aadhaar Act, enabling body corporate and individuals to seek authentication, has been held unconstitutional by the Supreme Court.  Statement 3 is incorrect. After the SC judgment holding the mandatory UID requirements unconstitutional, IRDAI (Insurance… Continue reading Aadhaar and Aadhaar metadata

Every citizen who is 18 years old on the qualifying date (January 1 of the year in case) unless disqualified, is eligible to be enrolled as a voter. Whereas an individual should be at least 25 years of age or more to be a member of the Legislative Assembly or a minister of the state.… Continue reading Every voter cannot be eligible for appointment as minister

Directive Principles of State Policy (DPSP) is enshrined in Part-IV (Article 36 to 51) of the constitution. It guarantees social and economic democracy and tries to establish a welfare state. These are the ideals that the State should keep in mind while formulating policies and enacting laws. The Constitution lays down certain Directive Principles of State Policy,… Continue reading Directive Principles of State Policy (DPSP) are not justiciable

The Supreme Court in the Berubari Union case (1960) held that the “Preamble is not a part of the Constitution.” It further said the Preamble can be used as a guiding principle if a term in any article of the Constitution is ambiguous or has more than one meaning.  Later in Kesavanand Bharti case (1973), the Supreme Court reversed its… Continue reading Preamble is a part of constitution of India

Bureaucracy refers to an administrative policy-implementation group, which is a body of non-elected government officials.   The major objective of bureaucracy in India has not been Parliamentary democracy’s expansion but rather the implementation of the decisions taken by the executive. With All India Services at the helm of major bureaucratic structure, it cannot be said that strengthening of… Continue reading Bureaucracy is an agency for the implementation of public policy

The basic structure doctrine is not defined by the Constitution. It is rather a judicial invention that came through Kesavananda Bharati vs State of Kerala case (1973). Supreme Court said that the Constitution of India has certain basic features that cannot be altered or destroyed through the provisions of amendment, by the Parliament of India, as mentioned in the Constitution… Continue reading Basic structure not defined by Constitution of India

One common agreement between Gandhism and Marxism is the final goal of stateless and classless society, whereas means to achieve these final goals differ.  For Marx, State is an instrument of oppression and an organ of the bourgeoisie that only works for maintaining the class dominance. Therefore, he strives for class struggle and revolution which will ultimately… Continue reading Gandhism and Marxism on stateless society