UPSC POLITY NOTES 2025


Гео и язык канала: Индия, Английский
Категория: Политика


This channel is created with an aim to provide Short notes of Polity for UPSC CSE.
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Queries - @Polityquerybot

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Гео и язык канала
Индия, Английский
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Политика
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🔺️ SWARAN SINGH COMMITTEE.

#Fundamentalduties

1. In 1976, Congress Party set up the Sardar Swaran Singh Committee to make recommendations about fundamental duties, the need felt during the operation of the internal emergency (1975–1977).

2. The committee recommended the inclusion of a separate chapter on fundamental duties in the Constitution.

3. It stressed that the citizens should
become conscious
that in addition to the enjoyment of rights, they also have certain duties to perform as well.

4. The Congress Government at Centre accepted these recommendations and
enacted the 42nd Constitutional Amendment Act in 1976.

5. This amendment added a new part, namely, Part IVA to the Constitution. This new part consists of only one Article, that is, Article 51A.

6. Though Swaran Singh Committee suggested eight Fundamental Duties in the Constitution, the 42nd Constitutional Amendment Act (1976) included ten Fundamental Duties.

▪︎SOURCE - M. Laxmikanth

▪︎
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◇ Legislative Vacuum, that is, there may be certain areas, which have not been legislated upon. It is therefore, upon court to indulge in judicial legislation and to meet the changing social needs.

◇ The Constitution of India has itself adopted certain provisions, which gives judiciary enough scope to legislate or to play an active role.

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REASON FOR JUDICIAL ACTIVISM

#Judicialactivism

According to Dr. B.L. Wadehra, the reasons for judicial activism are as follows:

◇ There is near collapse of the responsible government, when the Legislature and Executive fail to discharge their respective functions. This results in erosion of the confidence in the Constitution and democracy amongst the citizens.

◇ The citizens of the country look up to the judiciary for the protection of their rights and freedoms. This leads to tremendous pressure on judiciary to step in aid for the suffering masses.

◇ Judicial Enthusiasm, that is, the judges like to participate in the social reforms that take place in the changing times. It encourages the Public Interest Litigation and liberalises the principle of ‘Locus Standi’.


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MEANING OF JUDICIAL ACTIVISM

#Judicialactivism

◇ Judicial activism denotes the proactive role played by the judiciary in the protection of the rights of citizens and in the promotion of justice in the society. In other words, it implies the assertive role played by the judiciary to force the other two organs of the government (legislature and executive) to discharge their constitutional duties.

◇ Judicial activism is also known as “judicial dynamism”. It is the antithesis of “judicial restraint”, which means the self-control exercised by the judiciary.

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CONSTITUTIONAL PROVISIONS FOR JUDICIAL REVIEW [PART 2]

#Judicialreview

Article 134-A deals with the certificate for appeal to the Supreme Court from the High Courts.

Article 135 empowers the Supreme Court to exercise the jurisdiction and powers of the Federal Court under any preconstitution law.

Article 136 authorises the Supreme Court to grant special leave to appeal from any court or tribunal (except military tribunal and court martial).

Article 143 authorises the President to seek the opinion of the Supreme Court on any question of law or fact and on any pre-constitution legal matters.

Article 226 empowers the High Courts to issue directions or orders or writs for the enforcement of the Fundamental Rights and for any other purpose.

Article 227 vests in the High Courts the power of superintendence over all courts and tribunals within their respective territorial jurisdictions (except military courts or tribunals).

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Though the phrase ‘Judicial Review’ has nowhere been used in the Constitution, the provisions of several Articles explicitly confer the power of judicial review on the Supreme Court and the High
Courts.

Article 13 declares that all laws that are inconsistent with or in derogation of the Fundamental Rights shall be null and
void.

Article 32 guarantees the right to move the Supreme Court for the enforcement of the Fundamental Rights and empowers the Supreme Court to issue directions or orders or writs for that purpose.

Article 131 provides for the original jurisdiction of the Supreme Court in centre-state and inter-state disputes.

Article 132 provides for the appellate jurisdiction of the Supreme Court in constitutional cases.

Article 133 provides for the appellate jurisdiction of the Supreme Court in civil cases.

Article 134 provides for the appellate jurisdiction of the Supreme Court in criminal cases.


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