Referendum not an option under Constitution: SC

Referendum not an option under Constitution: SC

Subject: Polity

Section: Constitution

Context: Seeking public opinion in a constitutional democracy like India has to be through established institutions. SC said that there is no question of referendum under the country’s Constitution.

Constitution:

It is described as the fundamental law of the land which contains the fundamentals of its polity and on the altar of which all other laws and executive acts of the state are to be tested for their validity and legitimacy.

Constitutionalism

Constitutionalism implies that the exercise of political power, should be bound by limitations, controls, checks and rules whether these exist in the form of a written or unwritten constitution. Constitutionalism becomes a living reality to the extent that these rules curb the arbitrary exercise of power and permit scope for the enjoyment of certain rights by the citizens.

Types of Direct Democracy

• Direct democracy has 4 devices – Referendum, Initiative, Recall and Plebiscite
  • Referendum – procedure in which a proposed legislation is referred to the electorate for acceptance through direct voting.
  • Initiative – method by means of which the people can propose a bill to the legislature for enactment.
  • Recall – way for voters to remove a representative or an officer before the expiry of his/her term, when he fails to discharge his duties properly.
  • Plebiscite – method of obtaining the opinion of people on any issue of public importance. It is generally used to solve territorial disputes.