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The following is a statement about Ecuador. What similarities or differences do you find between this example and the judicial system in India?
“It would be helpful if a body of common law, or judicial precedent, existed that could clarify a journalist’s rights. Unfortunately, Ecuador’s courts don’t work that way. Judges are not forced to respect the rulings of higher courts in previous cases. Unlike the US, an appellate judge in Ecuador (or elsewhere in South America, for that matter) need not provide a written decision explaining the legal basis of a ruling. A judge may rule one way today and the opposite way, in a similar case, tomorrow, without explaining why.”
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How is judicial activism related to the protection of fundamental rights? Has it helped in expanding the scope of fundamental rights?
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Should some states be governed by special provisions?
Does this create resentment among other States? Does this help in forging greater unity among the regions of the country?
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What are some of the problems faced by refugees? In what ways could the concept of global citizenship benefit them?
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The migration of people to different regions within the country is often resisted by the local inhabitants. What are some of the contributions that the migrants could make to the local economy?
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While appointing the Prime Minister, the President selects
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Read this discussion and say which of these statements applies most to India.
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What are the different ways in which the independence of the judiciary is ensured? Choose the odd ones out.
i. Chief Justice of the Supreme Court is consulted in the appointment of other judges of Supreme Court.
ii Judges are generally not removed before the age of retirement.
iii Judge of a High Court cannot be transferred to another High Court.
iv Parliament has no say in the appointment of judges.
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Does independence of the judiciary mean that the judiciary is not accountable to any one? Write your answer in not more than 100 words.
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Do you think that judicial activism can lead to a conflict between the judiciary and the executive? Why?
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Explain the difference between the Indian Constitution and western ideas in the light of
a. Understanding of secularism
b. Articles 370 and 371
c. Affirmative action
d. Universal adult franchise
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Which of the following principles of secularism are adopted in the Constitution of India?
a. that state will have nothing to do with religion
b. that state will have close relation with religion
c. that state can discriminate among religions
d. that state will recognise the rights of religious groups
e. that state will have limited powers to intervene in affairs of religions
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Match the following.
|
a. |
Freedom to criticise the treatment of widows |
i. |
Substantive achievement |
|
b. |
Taking decisions in the constituent assembly on the basis of reason, not self-interest |
ii. |
Procedural achievement |
|
c. |
Accepting the importance of community in an individual’s life |
iii. |
Neglect of gender justice |
|
d. |
Article 370 and 371 |
iv. |
Liberal individualism |
|
e. |
Unequal rights to women regarding family property and children |
v. |
Attention to requirements of a particular region |
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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 a 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.
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Why is it said that the making of the Indian Constitution was unrepresentative? Does that make the Constitution unrepresentative? Give reasons for your answer.
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One of the limitations of the Constitution of India is that it does not adequately attend to gender justice. What evidence can you give to substantiate this charge? If you were writing the Constitution today, what provisions would you recommend for remedying this limitation?
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Do you agree with the statement that “it is not clear why in a poor developing country, certain basic socio-economic rights were relegated to the section on Directive Principles rather than made an integral feature of our fundamental rights”? Give reasons for your answer. What do you think are the possible reasons for putting socio-economic rights in the section of Directive Principles?
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Which of the following is a good reason to conclude that the authority of the constitution is higher than that of the parliament?
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Why do you think is the advice of the Council of Ministers binding on the President? Give your answer in not more than 100 words.
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How has the system of parliamentary committee affected the overseeing and appraisal of legislation by the Parliament?
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