(Interview) UPSC Interview By brotherhoodwins.blog.com (Dr. K.K. Paul Board)

UPSC Interview By Dr. K.K. Paul Board

Chairman Dr. K.K. Paul, 2 male and 2 female members. (Afternoon Session, 3rd to be called in)

Buzzer; the Orderly opens the door for me.

I ask “May I come in Sir”. Somebody said “come in”.

During entering I saw that the Chairman is going through my summery sheet.

I enter; went near my chair and wished the board; the members were not interested in wishes.

Asked to sit down by Chairman.

Chairman: Dr. K.K. Paul. A very smart and goodlooking gentleman.

CM: What is your Name?

Me: Sir…..Name

CM: And Date of Birth

Me: Sir…..DOB

CM: And Roll number

Me: Sir…..Roll no.

CM: So you are from Law; tell me the difference between Due Process of Law and Procedure established by Law?

Me: Sir, Procedure Established by Law is any procedure which may be established by a duly enacted legislation or made by the administration while Due process of Law involves the principles of natural justice. Here the Law itself have to be just and can be questioned in the Courts.

CM: When this Due Process did enter our constitution?

Me: Sir, In Menaka Gandhi’s case in 1978.

CM: Tell me what happened in the Menka Gandhi case?

Me: Sir, the passport of Menaka Gandhi was impounded by the airport authorities and proper hearing was not given to her. The Supreme Court held that the principles of natural jutice have not been followed and struck down the decision of the authorities.

CM: In How many ways the constitution of India can be amended?

Me: In 3 ways sir; First is by simple majority in the Parliament whereby boundries of States can be changed under Article 3,4 and few other provisions too; the second is by a special majority of two third of members voting along with an absolute majority of the total number of members and third is by special majority plus absolute majority plus ratification by half of the States.

CM: What was held in Golaknath case?

Me: It was held that Fundamental Rights comprising Chapter-3 of the Constitution are transcendental and cannot be amended futher a new doctrine of prospective overruling was laid down.

CM: That is fine but something more was there?

Me: Sir, it was held that Article 368 only prescribes the Procedure to amend the Constitution and not the powers.

CM: Yes this was the most important thing. Ok, What was the ratio of Judges of Golaknath case?

Me: Sir, 6:5 judges. (Chairman tried to recall)

CM: What happened after Golaknath?

Me: Sir, the Parliament brought the 24th and 25th amendment. The 24th amendment inserted that Art. 368 includes the power to amend the constitution and a clause was also added which I do not exactly remember.

CM: Then what happened?

Me: These amendments were challenged in the Keshwanand Bharti case where it was held that the Parliament can amend the constitution but it cannot alter the basic structure of the constitution.

CM: And Minerva Mills case?

Me: In this case the basic structure doctrine was confirmed sir.

CM: Tell me what was the matter?

Me: Sir, the 42nd amendment gave primacy to all Directive principles that is Chapter-4 over Chapter-3 that is Fundamental Rights. This was held to be violative of basic structure of the constitution.

CM: You have a hobby Calendar reform, What is it?

Me: Sir, actually we use 2 calendars; the first is the Gregorian Calendar which starts from 1st January and the second is our religious calendar. Our religious Calendar is faulty sir; the Calender reform committee presided by Dr. Meghnada Saha in 1955 suggested reforms which have not been carried out till date and the result is that….(Chairman interrupted)

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