Question

describe briefly the criticism of indian constitution?
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Answer 1

Answer:

•The Indian courts have no law enforcement agencies. The police is under state which works on dictates of State/Union government.

•The way the right to equality provision under article 14 and ancillary provision under article 15 and 16 are blatantly misused. There's no check to amount of reservation that can be granted. The reservation system prevalling right now is wholly obselete and contrary to letter and spirit of this provision.

•Though article 44 that is Uniform Civil Code and other directive principles are merely directives, they are in the constitution for name sake.

•Institution of President definitely should have been granted more powers according to me, in a way it could have kept check on other constitutional bodies.

•The way emergency provision has been misused in past. Both under article 352 and 356 plenary power is vested in the hands of government.

•Article 31B and the ninth schedule the way these provisions were misused by granting gew subjects absolute immunity from judicial review before courts came to rescue.

•The absolute power which parliament had to ammend the constitution before the decision for Keshava nand Bharti case was pronounced on 24 April 1973.

•Article 370 the purpose it was meant for is no where near being fulfilled. I think the main problem behind the whole Kashmir issue is article 370 itself which should be repealed now.

•No checks on an amount of power that can be delegated on administrative authority. Legislature sometimes tend to abdicate power vested in it. Unless that place of legislation granting unguided power on an authority is struck by the court, law making power remains delegated on authority who is granted power under a particular act/statute.

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