Article

Though the Collegium System was instituted in the Third Judges Case (1998) to ensure the separation of powers between the executive and judiciary and to maintain independence of the judiciary, some recent decisions taken by the Supreme Court has highlighted the flaws of collegium system.

In the Constitution the office of Governor was constituted (Article 153) to stand as a bulwark against secessionism as well as to provide legislative expertise to the newly formed states. The constitutional fathers intentionally created adversarial relationship between the Governor and Chief Minister so as to ensure the letter and spirit of the constitution is followed. However political immaturity has always resulted in conflict between the two constitutional posts.

The Citizenship Amendment Act, 2019 received President’s assent on 12 December, 2019. It aims to make changes in the Citizenship Act, 1955, Foreigners Act, 1946 and the Passport (Entry into India) Act, 1920, if the illegal migrants belong to religious minority groups of Hindu, Sikh, Buddhist, Jain, Parsi, and Christian from neighboring countries of Pakistan, Afghanistan and Bangladesh.

Article 370 is the first Article of Part XXI of the Constitution which is titled ‘Temporary, Transitional and Special Provisions’. However Article 370(3) permits deletion by a Presidential Order. Article 370 was discriminatory as it restricted parliament’s power to extend central law in the state. On subjects of Defence, External Affairs and Communications — it needed “consultation” while for extending laws on remaining subjects, “concurrence” of the state government was mandatory.