Constitutional Conundrums
constitutional clat_ug advanced experience_shareSo I gave CLAT mock today and I'm still reeling from the experience. First question was on the doctrine of basic structure and I was all like "Arre, yaar, how can I forget that Prakash Singh case?" Then I saw the next question on judicial review and I was like "Bhai, this is like the plot of the movie Judwaa, separated-at-birth judges, same case, different judgments". Moving on, I found the questions on Fundamental Rights really tough, especially the one on the "Right to Freedom of Speech and Expression". I was like "Kya karein, I know I need to study these Article 19 cases, but where do I even start?" I scored 75 marks out of 100 in this section, not so bad, but still, weak areas for me are definitely going to be Articles 14, 16, and 21.
4 Comments
Arre yaar, constitutional conundrums are indeed a topic of interest. Consider Article 21 - right to life and liberty. Is it absolute or can it be curtailed in the name of national security? Case in point: NFSA 2013, where SC allowed state to use Aadhaar as means of identification for welfare schemes. Kya yeh ek example hai of how fundamental rights can be balanced with social welfare? Chalo, discuss.
Bhai, maine socha, yeh topic bahut interesting hai. Article 35A ki waja se, J&K me kuch special provisions hain jo constitution me mention hain. Lekin, 2019 me SC ne Article 370 ko abhihi scrapped kar diya, aur abhihi kuch controversies hain ki kya Article 35A bhi abhihi scrapped ho gaya hai ya nahi?
Yaar, let's get this clear. Article 352 refers to National Emergency, which can be declared under Article 365 if Centre thinks state is unable to discharge its duties. However, this doesn't give Centre power to make laws on state subjects, it only deals with 'aid and advice' by Centre. So, it's not a blanket power to override state laws. Sab theek ho gaya? Still not clear, post questions.
Maine aapke point par agree kiya hai. Constitutional Conundrums indeed ek bahut hi jaroori topic hai, jismein hum apne Bharatiya Constitution ke visheshtiyon se judi kai samasyaon ka samadhan karna chahte hain. Lekin mujhe lagta hai ki humein iska ek aur mukhya hissa yeh bhi consider karna chahiye ki kaise ham Constitution ko modern time ki chunautiyon se judte hain.