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Question

"We are under the Constitution, but the constitution is what the Judges say it is ". Besides U.S.A. to which one of the following countries can this be applicable ?

The correct answer is
India

The statement "We are under the Constitution, but the constitution is what the Judges say it is" highlights the significance of judicial interpretation in defining the scope and meaning of a constitution. This principle is strongly associated with countries that have a robust system of judicial review.

Judicial Interpretation and Constitutional Applicability

The United States has a long-established tradition of judicial review, where the Supreme Court's interpretations of the Constitution are considered definitive. The quote implies a similar scenario in another country.

  • India possesses an independent judiciary with the power of judicial review. The Supreme Court of India plays a critical role in interpreting the Constitution, similar to the U.S. Supreme Court. Landmark cases have established the judiciary's authority to review legislation and executive actions, and its interpretations significantly shape constitutional law.
  • U.K. operates under the principle of parliamentary sovereignty, where Parliament is the supreme legal authority. While courts interpret laws, they traditionally cannot strike down primary legislation passed by Parliament based on constitutional grounds.
  • Switzerland has judicial review, but its federal structure and specific constitutional conventions differ from the direct implication of the quote regarding judicial supremacy in defining the constitution itself.
  • Russia has a Constitutional Court, but the extent of its power and independence compared to the U.S. or Indian judiciary is subject to different political and legal contexts.

Therefore, India's constitutional framework, particularly its strong judicial review and the Supreme Court's role in interpreting constitutional provisions, makes the statement most applicable besides the U.S.A.

Conclusion

The principle that the constitution is ultimately defined by judicial pronouncements is highly relevant to India due to its powerful system of judicial review.

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Important Questions from Parties and the Party Systems in India

  1. Match List-I with List-II and select the correct answer from the codes given below :
     

    List-I (Leaders)List-II (Political Parties)
    (a) Ram Vilas Paswan(i) Samajwadi Party
    (b) H.D. Kumarswamy(ii) Nationalist Congress Party
    (c) Praful Patel(iii) Janata Dal (Secular)
    (d) Akhilesh Yadav(iv) Lok Janshakti Party


    Codes :
     

  2. Who of the following is associated with the concept "Congress System" ?
  3. Given below are two statements, one labelled as Assertion (A) and the other labelled as Reason (R) :
    Assertion (A) : The transformation of the party system in India has centralized power at tier two of the government, namely at the State level.
    Reason (R) : Regional parties have less willingness to decentralize power.
    Codes :
  4. Match List - I with List - II and select the correct answer from the codes given below :
    List - I (Student Organization)List - II (Party Affiliation)
    (a) Akhil Bharatiya Vidyarthi Parishad(i) CPI
    (b) All Indian students federation(ii) CPIM
    (c) National Students Union of India(iii) BJP
    (d) Students Federation of India(iv) Congress (I)

    Codes :
  5. Match List - I with List - II and select the correct answer from the code given below :
     

    List - I (State)List - II (State Parties)
    (a) Bihar(i) Apna Dal
    (b) West Bengal(ii) Indian National Lok Dal
    (c) Uttar Pradesh(iii) Revolutionary Socialist Party
    (d) Haryana(iv) Lok Janshakti Party
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