Question Q.1GS2GS2

The contributions of the 'founding mothers' of the Indian Republic are often under-acknowledged, yet they are crucial to understanding the evolution of gender-sensitive constitutional jurisprudence. Elaborate

Introduction

The Constituent Assembly comprised of a set of visionary founding mothers like Rajkumari Amrit Kaur that laid foundation for gender equality in the ultimate goal of social justice under Article 38. The Article 1 of the Constitution describes the Indian federal structure as a 'Union of states'. It is being called as a quasi-federal structure by Ivor Jennings. The Article 124 and 213 of the constitution provide for judicial appointment by the President in consultation with senior judges. (Collegium system) The terms 'socialist' and 'secular' were added by the 42nd Constitutional amendment in the Preamble.

95 words

Main Body

The Constituent Assembly comprised of a set of visionary founding mothers like Rajkumari Amrit Kaur that laid foundation for gender equality in the ultimate goal of social justice under Article 38.

Under acknowledged founding mothers:

1Prominence of reverence for founding fathers and Drafting Committee members like Dr. Ambedkar

2Importance bestowed to various important resolutions passed by other constituent assembly members.

3Objectives Resolution passed by Nehru that formed the basis for the Preamble of the Constitution.

founding motherscrucial for gender-sensitive constitutional jurisprudence

1Fundamental rights

1Crucial in envisioning right to equality beyond gender discrimination. Article 15,16

2The meaning of 'liberty' was expanded through a gender sensitive outlook.

(D) DPSP

1Crucial in formation of the socialist principles → elimination of inequality. Article 38

2Provisions for conducive working conditions for women, senior citizens. (Article 41, 43)

(III) Vision of Constitution

1Included a diverse perspective in the drafting process.

2Crucial for formation of a "Constitutional for all"

3Advocated for voting rights for women' under adult suffrage.

The founding mothers laid a foundation for a shared Republic based on principles ofliberty, equality, fraternity, unity.

The Article 1 of the Constitution describes the Indian federal structure as a 'Union of states'. It is being called as a quasi-federal structure by Ivor Jennings.

Article 370 for Jammu and Kashmir | Article 371, 371G for Nagaland, Mizoram, NE States, States Advisory Council

Fig: Indicators of asymmetric federalism in India

Asymmetric federalism accommodating regional needs:

1Constitutional provisions

1The 5th, 6th Schedule enables the autonomous governing of tribal areas and meeting each specific needs.

2Special provisions for different states maintain the diversity, cultural norms of the regions.

(Eg) Article 371, 371Gfor NE Indian states

3Maintenance of national security, integration in sensitive areas

(Eg) Article 370Jammu Kashmir.

(IV) Legislative measures

1Specific laws assist is catering to regional issues (Eg) AFSIA for tackling 'disturbed areas', insurgency

2Fiscal federalism is maintained by giving states autonomy to levy taxes.

37th schedule → State list subject laws (Eg) agricultural laws.

(III) Competitive federalism

1It assists in meeting regional development goals (Eg) Swadha Bharati Sarvodaya Goals & NLM nayojis SDG India Index, etc

2Para diplomacy of states → vibrant Gujarat. Asymmetric federalism leads to challenges of regionalism, secessionist movements. Sarkaria Commission's recommendation are essential for cooperative federalism and "Ek Bharat Shrestha Bharat".

The Article 124 and 213 of the constitution provide for judicial appointment by the President in consultation with senior judges. (Collegium system)

Collegium system for Judicial appointments

1Merits

1It preserves the independence of the judiciary maintaining the doctrine of separation of powers.

2It provides for a system of effective justice service delivery by maintaining autonomy from executive.

3Reduces the influence of legislative or executive seat might influence the judgements. Maintain impartiality.

4Prevents creation of a nexus among the executive, legislature, judiciary in judicial appointment.

(II) Challenges

1Presence of opacity → and lack of transparency in the constitution of the collegium.

2Prevalence of corruption, nepotism among the collegium appointment translating into higher judicial appointment.

3Form of judicial overreach in interpretation of the term 'consultation' in Article 124, 213

4Delay in appointment of judges

Vacancy in SC, HC judges leading to increase in pendency of cases

Best PracticesUK has a National Judicial Appointments Commission that is consulted periodically.

Judicial appointments need to be reformed, pioneered, restructured to maintain the sanctity of judiciary as the interpreter of citizens right...

The terms 'socialist' and 'secular' were added by the 42nd Constitutional amendment in the Preamble.

Specific meanings of the terms

1Socialist

1The term socialist in Indian context refers to a mixed economic structure in India.

2The public and the private sector co-exist side by side.

3It is different than the Marxian communism that imply abolition of private property and control of state over means of production.

4In the LGB Pant case, the SC noted India's socialism aims to eliminate inequality of opportunity, disease, income. Article 38

5Nag Ara case / noted Indian socialism is a blend of Marxian and Gandhian principles leaning heavily towards Gandhian's socialism

(II) Secular

1The term secular in the Preamble refers to a positive concept of secularism

2It is different than western concept of complete separation of state and religion. (French tradition)

3It is based on the doctrine of the state being equally close to all religion. Article 25-28

4The Indian secularism provides opportunity for freedom of religion for all. It however protects the liberty of the individuals as well based on their principle Shirish Mull case /doctrine of essentiality.

The terms secular, socialist are an indicator of the vision of founding fathers of the Constitution. Hence, Preamble is rightly called the 'Identity card of the Constitution' /Granville Austin/

812 words23 paragraphs

Conclusion

The founding mothers laid a foundation for a shared Republic based on principles of → liberty, equality, fraternity, unity. Asymmetric federalism leads to challenges of regionalism, secessionist movements. Sarkaria Commission's recommendation are essential for cooperative federalism and "Ek Bharat Shrestha Bharat". Judicial appointments need to be reformed, pioneered, restructured to maintain the sanctity of judiciary as the interpreter of citizens right. The terms secular, socialist are an indicator of the vision of founding fathers of the Constitution. Hence, Preamble is rightly called the 'Identity card of the Constitution' /Granville Austin/

90 words

Diagram

Fig: Indicators of asymmetric federalism in India - Shows map of India with marked regions including 5th, 6th Schedule Areas, Article 370 for Jammu and Kashmir, Articles 371, 371G for Nagaland, Mizoram, NE States, and States Advisory Council

Systematic coverage of Fundamental Rights and DPSP
Clear identification of founding mothers' contributions
Good use of article references
Structured presentation with subheadings
Excellent use of diagram to illustrate asymmetric federalism
Comprehensive coverage of constitutional provisions
Good integration of examples
Clear categorization of measures (constitutional, legislative, competitive)
Mentioned Sarkaria Commission recommendations
Good critical analysis of collegium system
Structured presentation with merits and challenges
Mentioned best practices from UK
Clear identification of current issues like pendency
Balanced approach to the debate
Clear distinction between Indian and Western concepts
Good use of case law to support arguments
Systematic comparison of socialist and secular principles
Strong reference to foundational concepts
Excellent concluding quote

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Page 1

Topper

ANKITA PATIL

AIR 1402025

Subject & Paper

GS2GS2

Topic

Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure

Evolution and Features

Gender-sensitive Constitutional Jurisprudence

Writing Stats

997

Total words

Paragraphs

analytical and structured with visual support

Tone