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NATION AND NATIONALITY, STATE AND CITIZENSHIP

The nation and nationality evolve through organic interactive relationships based on ethnocultural factors and processes with shared history within a certain territorial limit. That interactive relationship manifests into a way of life based on patterns of living, resource generation, value addition, sharing, custom, ritual, habit, communication, interaction, symbolism, observation, celebration, and performance. However, the territorial limit imposed a limit on both the area and the resources. Which has a limiting impact on the growing and expanding ways of life based on population growth and the need structures. The limiting impact triggered competition for control of shared natural resources such as land, water, mineral, and forest resources, as well as other limited resource patterns. 1. Nation to State The competition may be interspecific or intraspecific for the display and application of overt or covert power, be it mental, physical, technological, or any other, for the con...

CONSTITUTION: JUDICIAL REVIEW

Two words , " judicial " and " reviews ," become the overarching fulcrum to test the validity , viability , compatibility, or consistency of laws , rules , regulations , orders , decrees , and so on in relation to the constitution of the land in a certain "context." The creatures of the constitution —the legislature, executive, and judiciary—need to perform their duties within the constitutional confines. If the legislature is to legislate and the executive is to execute, then the judiciary is to interpret what is just or unjust to maintain the constitutional balance. In constitutional parlance, all organs need to maintain and perform within their respective spheres. 1. Meaning It entails the "Judiciary" conducting an examination or reexamination, study or restudy, evaluation or reevaluation , retrospection or survey to determine the validity , compatibility, alignment , or consistency of laws , rules , regulations , orders ...

THE CONSTITUTION OF INDIA: FR vs DPSP

The founders of the Constitution of India introduced two beautiful parts: Part-III dealing with the Fundamental Rights (FR)of the people and Part-IV dealing with Directive Principles of State Policy (DPSP) , in the endeavour to move with clear ideals for social and economic democracy. If the former is for assertion and sphere protection, the latter is for forward march to bring about the right order based on socio-economic equality. If one is for individual advancement, the other is for collective advancement. In this scenario, there is every likelihood of spheres encroaching on one another, and the crucial part is balancing roles through check and balance. But for the two entities in their natural scenario, given their freedom, there is every likelihood of friction, conflict, interference, and encroachment. The Constitution makers, in anticipation of such a scenario, devised a well-crafted mechanism by balancing the role of the judiciary under the overall supervision of the Supreme...

THE CONSTITUTION OF INDIA: BASIC FACTS

The Constitution of India is the supreme law of the land, deriving its supremacy from the sovereign authority, the People of India. The fountain source of law in India is the Constitution, which, in turn, gives due recognition to statutes, case law, and customary law consistent with its dispensations. It defines the basic political code, structure, procedures, powers, and duties of government institutions and sets out the fundamental rights, guiding principles, and duties of citizens. The Indian Constitution was drafted at the All Parties Conference in Lucknow in 1928.The parties included the Indian National Congress, the All India Liberal Federation, the All India Muslim League, and the Sikh Central League. The notable members of this committee were: Motilal Nehru as chairman, Sir Ali Imam, Tej Bahadur Sapru, and Subash Chandra Bose. Mukund Ramrao Jayakar and Annie Besant The All Parties Conference received a report in August 1929.The very first article of the report une...

POWER DYNAMICS

In a democracy, power plays are fully constitutional. It is enshrined in the rule book of a given democratic system's legal and constitutional framework.In the game of power, the institutions play their roles as per the established mechanisms earmarked by the constitution, subject to the final interpretation of a certain given institution, mostly the judiciary, in case there is a conflicting jurisdiction.   However, in the case of a system other than a democraic set-up, it varies from a social-political position based on hereditaryship, charisma, or, to an extreme extent, the barrel of a gun, as and when the situational context so demands.  1. Outline Power has an inherent dynamic structure and process .Power dynamism is in relation to a "context specified by time, space, situation, and perception." Power is dynamic in relation to its source, origin, and movement. 2. Power Source: 2.1. Legitimate within the institutional confines of the established constitu...