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‘The process of interpretation of the Constitution of India has undergone a sort of evolution since its inception’. Examine the above statement with examples. (15 Marks)

Mentor’s comment:

  • https://www.thehindu.com/opinion/lead/the-four-phases-of-constitutional-interpretation/article30653706.ece
  • In the intro, briefly explain one of the most important roles of the judiciary i.e. interpretation of the Constitution.
  • In the body, explain the approach adopted by the judiciary in various cases in the interpretation of the Constitution-for ex. A. K. Gopalan,  Maneka Gandhi and Keshavanand Bharati to the expansion of the right to life in Article 21 and how these changes are sort of process of evolution and testament to the fact that the Constitution is a living document.
  • In conclusion state the importance of evolution in the process of the interpretation to keep the Constitution in synch with changing times.

Comments

7 responses to “‘The process of interpretation of the Constitution of India has undergone a sort of evolution since its inception’. Examine the above statement with examples. (15 Marks)”

  1. sri lakshmi Avatar
    sri lakshmi

    Please check my answer. Thank you sir

    1. Parth Verma Avatar
      Parth Verma

      Always underline imp parts of your answers.
      Highlight your subheadings prominently.
      The overall content is good but not the execution.
      The reason being, you have discussed different phases in big paragraphs which makes the content bulky and over-explained.
      Rather, under the subheadings of those phases, write these points in bullet format. That will make your answer crisper and light.
      Always try to make your answer stand out from the rest. Hence you can also use flowcharts and diagrams to make your point.
      The overall content and references given in the answer through various cases are perfectly fine.

    2. sri lakshmi Avatar
      sri lakshmi

      thank you sir. i will work on it. especially the structure

  2. sudama sharma Avatar
    sudama sharma

    MOJO0125M00A74150084

    1. Parth Verma Avatar
      Parth Verma

      The main body of the answer lacks depth and things are repetitive.
      Divide the answer in the main body into various phases and discuss how in those phases, Indian judiciary interpreted our constitution.
      In the 1st phase, it interpreted only the meaning of the texts; then in the 2nd phase it went into the appeal of several of its earlier judgements and it affected the way we saw our constitution. It also went into the idea of Basic Structure doctrine and hence, decided what can be altered and what not. (You have over-discussed basic structure doctrine)
      Then in the 3rd phase, SC derived new concepts and ideas in the constitution which were hitherto missing.
      In the 4th phase, the judiciary went into the discussion on the original purpose of the constitution and what were the reasons and thoughts of the constitution-makers.
      Then briefly mention its overall impact and end the answer.
      Write a comprehensive answer.
      There is no point in discussing 3 points repetitively. It is better to discuss more dimensions with a little bit of discussion.

  3. Unnati Chauhan Avatar
    Unnati Chauhan

    MOJO0101500D20984167

    1. Parth Verma Avatar
      Parth Verma

      Good structure in the answer.
      The coverage is decent in all parts of the answer.
      Good content.
      The content overall is quite well explained.
      Could use flowcharts in your answers to use space in a better manner and bring in the X-factor.