What is Constitutional Law?
Constitutional Law refers to the body of law that defines the structure, functions, and powers of government institutions, as well as the rights and duties of citizens. It is primarily based on a country's constitution.
What are the key features of Constitutional Law?
- Supremacy of the Constitution: The Constitution is the highest legal authority.
- Separation of Powers: Division of government into legislative, executive, and judicial branches.
- Fundamental Rights: Guarantees individual freedoms and rights.
- Judicial Review: The power of courts to review laws and government actions for constitutionality.
- Federalism: Distribution of powers between central and state governments (in federal systems).
What are Fundamental Rights?
Fundamental Rights are basic human rights guaranteed by the Constitution to protect individual liberty and dignity. Examples include the right to equality, freedom of speech, and the right to life.
What is the Doctrine of Separation of Powers?
The Doctrine of Separation of Powers ensures that the legislative, executive, and judicial branches function independently, preventing the abuse of power and maintaining checks and balances. This doctrine divides the functions of the government into three branches: the legislature (makes laws), the executive (enforces laws), and the judiciary (interprets laws), ensuring that no branch oversteps its authority.
What is Judicial Review?
Judicial Review is the power of the judiciary to examine and invalidate laws or actions that violate the Constitution.
What is the Preamble of the Constitution?
The Preamble is an introductory statement outlining the aims and objectives of the Constitution, such as justice, liberty, equality, and fraternity.
What is the difference between a Written and an Unwritten Constitution?
Written Constitution: A formal document defining constitutional rules (e.g., the U.S. Constitution, Indian Constitution).
Unwritten Constitution: Based on customs, judicial decisions, and statutes (e.g., the United Kingdom).
What is the Basic Structure Doctrine?
The Basic Structure Doctrine holds that certain fundamental principles of the Constitution cannot be amended or destroyed by the legislature.
What is the significance of Constitutional Amendments?
Constitutional Amendments allow the Constitution to evolve with changing societal needs while maintaining its core principles.
What are Directive Principles of State Policy (DPSP)?
DPSPs are guidelines for the government to promote social and economic welfare, though they are not enforceable by courts.
What is Judicial Review?
Judicial Review is the power of the judiciary to examine and invalidate laws or actions that violate the Constitution.
What is Federalism in Constitutional Law?
Federalism is a system where power is divided between a central government and regional governments, each having independent authority in specific areas.
What is the Rule of Law?
The Rule of Law means that every individual, including the government, is subject to and accountable under the law, ensuring no one is above it.
What is Habeas Corpus?
Habeas Corpus is a legal writ requiring a person under arrest to be brought before a judge to determine if their detention is lawful.
What are Constitutional Remedies?
Constitutional Remedies allow citizens to approach the courts if their fundamental rights are violated. This includes writs like Habeas Corpus, Mandamus, Certiorari, Prohibition, and Quo Warranto.
What is the significance of Fundamental Duties?
Fundamental Duties are moral obligations of citizens to promote patriotism and uphold the Constitution. While not legally enforceable, they reflect the ethical responsibilities of every citizen.
What is the Difference Between Civil Liberties and Fundamental Rights?
Civil liberties are general freedoms guaranteed by common law, while fundamental rights are constitutionally protected rights that are enforceable by courts.
What is the Doctrine of Basic Structure in India?
This doctrine states that Parliament cannot alter the core principles of the Constitution, such as democracy, secularism, and judicial independence, through amendments.
What is the Importance of Constitutional Law?
Constitutional Law ensures the functioning of a democratic society, protects individual rights, and maintains the balance of power among the branches of government.
What is the Doctrine of Eclipse?
The Doctrine of Eclipse states that any law inconsistent with fundamental rights is not void but remains inactive unless the inconsistency is removed.
What is the Concept of Secularism in Constitutional Law?
Secularism means the state treats all religions with equal respect and does not favor or discriminate against any religion.
What is the Principle of Natural Justice?
Natural justice refers to the legal principles ensuring fairness, including the right to a fair hearing and the absence of bias.
What is the Role of the President in Constitutional Law?
The President is the constitutional head of the state, responsible for executing laws and representing the nation.
What is the Difference Between Parliamentary and Presidential Systems?
Parliamentary System: The executive is accountable to the legislature (e.g., India, UK).
Presidential System: The executive is independent of the legislature (e.g., USA).
What are the Emergency Provisions in the Constitution?
Emergency provisions allow the central government to assume greater powers during national emergencies, including suspension of fundamental rights.
What is the Concept of Sovereignty?
Sovereignty refers to the supreme authority of the state to govern itself without external interference.