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Questions and Answers

Consider the following statements regarding the legislative process:

  1. A bill must pass both houses of the legislature to become law.
  2. The executive branch plays no role in the creation of legislation.
  3. All laws originate in the lower house of the legislature. Which of the statements is/are accurate?

  • None
  • Only two
  • Only one (correct)
  • All three

Consider the following statements regarding Directive Principles of State Policy (DPSP):

  1. DPSPs are non-justiciable and cannot be enforced by a court of law.
  2. DPSPs impose positive obligations on the state.
  3. DPSPs are not legally enforceable. Which statement is false?

  • Only 1 (correct)
  • Only 1 and 2
  • Only 3
  • Only 2 and 3

Consider the following statements:

  1. Public Interest Litigation (PIL) is considered a cornerstone of judicial activism.
  2. The power of judicial review is explicitly detailed in the Constitution. Which of the statements is/are correct?

  • Neither 1 nor 2
  • Both 1 and 2
  • 2 only
  • 1 only (correct)

With reference to the Directive Principles added by the 42nd Amendment in 1976, consider the following statements:

  1. They include provisions to secure opportunities for the healthy development of children.
  2. DPSPs aim to promote equal justice and to provide free legal aid to the poor.
  3. They relate to the protection and improvement of the environment and safeguarding forests and wildlife. Which of the statements given above is/are correct?

<p>1, 2 and 3 (B)</p> Signup and view all the answers

With reference to Directive Principles of State Policy (DPSPs), consider the following statements:

  1. DPSPs are positive obligations placed upon the State.
  2. Courts can declare a law that violates any DPSP as unconstitutional and invalid.
  3. The concept of DPSP was inspired by the Irish Constitution. Which of the statements given above are correct?

<p>1 and 3 only (D)</p> Signup and view all the answers

Which among the following DPSPs were inserted by the 42nd Amendment Act?

  1. To promote equal justice and to provide free legal aid to the poor (Article 39A).
  2. To take steps to secure the participation of workers in the management of industries (Article 43A).
  3. State to minimize inequalities in income, status, facilities, and opportunities (Article 38). Select the correct combination using the codes given below:

<p>1 and 2 only (C)</p> Signup and view all the answers

Consider the following statements with respect to Articles 33 and 34 of the Constitution:

  1. Article 33 empowers the Parliament to restrict or abrogate Fundamental Rights of members of the armed forces, forces in charge of maintenance of public order, etc.
  2. Article 34 empowers the Parliament to indemnify any act done in connection with the maintenance and restoration of public order with respect to an area where martial law is in force. Which of the statements given above is/are correct?

<p>Both 1 and 2 (B)</p> Signup and view all the answers

Which of the following is the most accurate description of federalism?

<p>A system of government where power is divided between a national government and regional governments. (C)</p> Signup and view all the answers

Which amendment act removed the Right to Property from Fundamental Rights?

<p>44th Amendment Act, 1978 (C)</p> Signup and view all the answers

The Uniform Civil Code, as envisioned in the Directive Principles of State Policy, primarily aims to ensure what?

<p>National integration (B)</p> Signup and view all the answers

Which of the following statements accurately describe the Parliamentary system of government?

<p>India follows a Parliamentary system where the executive is responsible to the legislature. (A)</p> Signup and view all the answers

What is the primary purpose of a Uniform Civil Code, were it to be implemented?

<p>To simplify the complex set of personal laws. (B)</p> Signup and view all the answers

Which article is directly related to the protection and improvement of the environment and the safeguarding of forests and wildlife?

<p>Article 48A (A)</p> Signup and view all the answers

Which article of the Indian constitution makes provision for early childhood care and education to children below the age of six years?

<p>Article 45 (D)</p> Signup and view all the answers

Which of the following principles are characterized as Gandhian principles within the Directive Principles of State Policy?

<p>Organization of village panchayats. (C)</p> Signup and view all the answers

Which of the following falls under liberal and intellectual principles within the Directive Principles of State Policy?

<p>Provision for early childhood care and education to children below the age of six years. (D)</p> Signup and view all the answers

Which schedule of The Constitution of India deals with the allocation of seats in the Council of States?

<p>Fourth Schedule (C)</p> Signup and view all the answers

What is the minimum age prescribed by the Constitution of India for a candidate to be elected as a member of the Rajya Sabha (Council of States)?

<p>30 years (A)</p> Signup and view all the answers

As per Article 3, which condition(s) must be met for a bill contemplating changes to a state's area?

<p>Needs prior recommendation from the President. (D)</p> Signup and view all the answers

Which of the following describes India as per Article 1 of the Constitution?

<p>A union of states, implying the states cannot secede. (D)</p> Signup and view all the answers

Regarding constitutional amendment bills, which statement is accurate?

<p>They can be introduced in either the Lok Sabha or the Rajya Sabha. (B)</p> Signup and view all the answers

In which scenario(s) is a special majority as per Article 368 required?

<p>To pass a constitutional amendment bill that alters fundamental rights. (C)</p> Signup and view all the answers

Using its power under Article 368, the Indian Parliament can amend which aspects of the Constitution?

<p>All parts of the Constitution, including Fundamental Rights and Schedules. (C)</p> Signup and view all the answers

Which type of majority could potentially have a variable threshold, depending on the specific circumstances?

<p>Effective Majority. (D)</p> Signup and view all the answers

Which of the following statements accurately describes the type of majority required in the Indian Parliament?

<p>A special majority is required for amending provisions related to the election of the President. (D)</p> Signup and view all the answers

Which of the following statements best captures the relationship between Directive Principles of State Policy (DPSP) and Fundamental Rights?

<p>DPSPs aim for socioeconomic welfare, while Fundamental Rights focus on individual liberties, potentially leading to conflicts. (B)</p> Signup and view all the answers

Which feature is generally considered a fundamental characteristic of a federal system?

<p>Supremacy of the judiciary in interpreting the constitution. (C)</p> Signup and view all the answers

What is the primary implication of India being a 'Union of States' rather than a 'Federation of States'?

<p>The Union is indestructible, and states cannot secede from it. (B)</p> Signup and view all the answers

With reference to the Directive Principles of State Policy (DPSPs) of the Indian Constitution, which of the following statements is incorrect?

<p>All of the above. (D)</p> Signup and view all the answers

Match the following writs with their meanings:

List-I (Writs) : List-II (Meanings)

  1. Mandamus : ‘To have the body of’
  2. Habeas Corpus : ‘We command’
  3. Quo Warranto : ‘By what authority’

Which pair(s) is/are correctly matched?

<p>3 only (B)</p> Signup and view all the answers

Concerning Public Interest Litigation (PIL), consider the following statements:

  1. PIL rests on the principle that any member of the public can initiate legal proceedings on behalf of an aggrieved person.
  2. The Supreme Court, by permitting PIL, has considerably widened the scope of Article 32 of the Constitution.
  3. Through the Concept of PIL, the traditional rule of “Locus Standi” has been considerably relaxed by the Supreme Court.

Which of the above statements is/are correct?

<p>1, 2 and 3 (A)</p> Signup and view all the answers

Consider the following statements regarding Habeas Corpus:

  1. The principle of locus standi is applicable in Habeas Corpus.
  2. The writ can be issued against public authorities as well as private individuals.
  3. It cannot be issued if the detention is legal or on the orders of any court of law.

How many of the statements given above are correct?

<p>Only two (D)</p> Signup and view all the answers

Which sequence accurately represents the chronological order of the following landmark cases?

<p>Shankari Prasad vs. Union of India -&gt; Sajjan Singh vs. State of Rajasthan -&gt; Golaknath vs. State of Punjab -&gt; Kesavananda Bharati vs. State of Kerala (B)</p> Signup and view all the answers

The Supreme Court judgement in the TMA Pai Foundation case is predominantly related to which of the following?

<p>Minority educational institutes (A)</p> Signup and view all the answers

Regarding the Sajjan Singh vs. State of Rajasthan case (1965), which of the following statements is accurate?

<p>The Supreme Court maintained that Constitutional Amendment Acts are not considered laws under Article 13(2), hence not subject to judicial review. However it was not a unanimous decision (B)</p> Signup and view all the answers

When faced with conflicting constitutional provisions, which interpretive doctrine aims to reconcile them, preventing either from becoming inoperative?

<p>Doctrine of Harmonious Construction (A)</p> Signup and view all the answers

Which of the following best describes the legislative powers distribution in a federal system like India?

<p>Powers are divided between the national and regional legislatures, each having exclusive control over certain subjects. (C)</p> Signup and view all the answers

What is the primary purpose of including Directive Principles of State Policy (DPSPs) in the Indian Constitution?

<p>To promote the welfare of the people and establish a just social order (A)</p> Signup and view all the answers

Which of the following statements accurately reflects the 'basic structure' doctrine?

<p>The concept of the basic structure was first proposed by Justice Mudholkar, and the term 'basic structure' is nowhere mentioned in the law or constitution. (C)</p> Signup and view all the answers

Regarding the Supreme Court's ruling in the I.R. Coelho case (2007), which statements are correct?

<p>The court held that judicial review is a 'basic feature' of the Constitution, which cannot be eliminated by placing a law under the Ninth Schedule, and laws placed in the Ninth Schedule after April 24, 1973, are subject to challenge if they violate fundamental rights or the basic structure. (B)</p> Signup and view all the answers

Which of the following scenarios would be a valid reason for issuing a writ of certiorari?

<p>To transfer a case from a lower court to a higher court for review due to an error of law. (A)</p> Signup and view all the answers

In the Indian context, what does the term 'locus standi' generally refer to?

<p>The right of an individual or party to bring legal action in court. (D)</p> Signup and view all the answers

Which of the following features is indicative of Indian federalism?

<p>A written constitution dividing powers between the center and the states (C)</p> Signup and view all the answers

Flashcards

Directive Principles of State Policy (DPSP)

Non-justiciable principles that guide the state in policy formulation, aiming for social and economic justice.

Public Interest Litigation (PIL)

Legal action taken by the court, for the public, rather than for personal reasons. Usually addresses societal issues.

Judicial Review

The power of the judiciary to review and strike down laws that conflict with the Constitution.

42nd Amendment Act (1976)

A constitutional amendment that brought significant changes including adding certain DPSPs.

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Free Legal Aid

To ensure all citizens, regardless of economic status, have access to legal representation and justice.

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Environmental Protection (DPSP)

To protect and improve the natural environment, including forests and wildlife.

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Article 33

Empowers Parliament to restrict or abrogate fundamental rights of armed forces, police, etc.

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Article 34

Empowers Parliament to indemnify acts done in connection with maintaining/restoring public order in areas under martial law.

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44th Amendment Act, 1978

Removed Right to Property from Fundamental Rights.

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42nd Amendment, 1976

Amended Article 31C relating to saving of laws giving effect to certain directive principles.

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Uniform Civil Code (UCC)

Aims to secure gender equality and national integration by creating uniform laws applicable to all citizens, regardless of religion, in matters of marriage, divorce, inheritance, etc.

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Separation of Powers

The principle that powers are divided among different branches of government (legislature, executive, judiciary) to prevent any one branch from becoming too powerful.

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Article 21 & Environment

Implies a right of the citizens of India to live in a clean, healthy and sustainable environment.

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Article 48A

Directs the State to protect and improve the environment and safeguard forests and wildlife.

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Parliamentary System

A system of government where the executive branch (the government) is drawn from and accountable to the legislative branch (the parliament).

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Uniform Civil Code

Ensures national integration.

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Doctrine of Harmonious Construction

A legal principle where courts interpret laws to avoid contradictions, ensuring both provisions have effect.

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Sajjan Singh Case (1965) - Key Point

Constitutional Amendment Act is not a law under Article 13(2), so it's not subject to judicial review.

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I.R. Coelho Case (2007) - Key Points

Judicial review is a basic feature, laws under the Ninth Schedule post-1973 can be challenged if they violate fundamental rights.

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Judicial Review Definition

The power of courts to invalidate laws that violate constitutional limits.

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Kesavananda Bharati Case

Landmark case affirming Parliament's power to amend the Constitution but not its basic structure.

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Mandamus

A writ meaning 'We command,' ordering a public official to perform their duty.

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Habeas Corpus

A writ meaning 'To have the body of,' protecting against unlawful imprisonment.

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Quo Warranto

A writ questioning the legality of a person's claim to hold a public office.

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Locus Standi

The principle that only a person whose rights are violated can approach the court.

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Habeas Corpus & Locus Standi

Allows anyone to approach the court on behalf of an aggrieved person, particularly if they can't do so themselves.

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Habeas Corpus - who against?

A writ that can be issued against both public authorities and private individuals.

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Habeas Corpus Limitations

Habeas Corpus cannot be issued if the detention is legal or based on a court order.

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TMA Pai Foundation Case

Relates to the rights of minority educational institutions in India.

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Constitutional Amendment Bills

Constitutional amendment bills can be introduced in either the Lok Sabha or Rajya Sabha and are considered as per Article 368.

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Article 368 Special Majority Cases

To pass a constitutional amendment bill that does not affect federalism; Removal of CEC/CAG; Removal of judges of SC/HC.

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Parliament's Amending Power (Article 368)

Amend Fundamental duties, Fundamental Rights and Schedules.

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Variable Threshold Majorities

Simple majority and Effective majority.

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Simple Majority

Used in a No-confidence motion and passing of ordinary law.

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Bill altering state area (Article 3)

Requires a prior recommendation from the President.

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Bill affecting federalism

Need to pass a constitutional amendment bill that affects federalism requires special majority of the parliament and consent by the state legislature.

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Impeaching the President

Highest form of majority In the Indian constitution is not applicable to impeach the president.

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Study Notes

Limited Government

  • A limited government refers to an accountable government with limited powers

Unwritten Constitutions

  • In unwritten constitutions, constitutional laws and ordinary laws are made through the same majorities
  • Unwritten Constitutions have Parliamentary sovereignty

Constituent Assembly Members from Provinces

  • Members of the Constituent Assembly from the Provinces were indirectly elected by the Provincial Legislative Assemblies

Indian Constitution

  • Indian Constitution is a written constitution

Constitution vs. Constitutionalism

  • Political systems need constitutionalism to avoid authoritarianism

Correct Article and Provision Pairings

  • Article 17 is paired with the Provision: Abolition of untouchability
  • Article 15(3) is paired with the Provision: Special provisions for women and children
  • Article 16(4) is paired with the Provision: Reserving government posts for backward classes
  • Article 30 is paired with the Provision: Establishing educational institutions by religious & linguistic minorities

Inner Line Permit System

  • The Inner Line Permit system is most likely to infringe the Right to Movement for tribal areas

Countries with Written Constitutions

  • None of the statements are correct

Indian Constitution Features

  • Parliamentary Democracy, Fundamental Rights, and Separation of Powers, are features of the Indian Constitution
  • Dual citizenship is not a feature

States' Constitutions and Dual Citizenship in India

  • None of the states in India can have a separate constitution
  • None of the states enjoy dual citizenship

Supremacy in the USA and the UK

  • There is no supremacy of Parliament in the USA
  • There is no supremacy of Judiciary in the UK

Features of the Indian Constitution and Their Sources

  • Fundamental Rights are borrowed from the U.S.A.
  • Parliamentary system of government is borrowed from the U.K.
  • Constitutional Amendment is borrowed from South Africa.
  • Directive Principles of State Policy are borrowed from Ireland

Vital Role of the Comptroller and Auditor General (CAG)

  • The office of Comptroller and Auditor General (CAG) is vital to ensure financial scrutiny of the Government
  • The office of CAG has not been borrowed from the British Parliament.

Judicial Review

  • Judicial Review means the Judiciary checking if legislature and executive are working as per the constitution

Presumption of Constitutionality in the Indian Context

  • The judiciary assumes that all legislative and executive steps are constitutional, until proved otherwise

Dr. Ambedkar's Views on the Constitution

  • Dr. Ambedkar did not want to have an elected Governor for the states
  • He initially wanted a Parliamentary system over the presidential system as he thought that the system would be more representative
  • He did not believed that the Indian constitution is indeed a bag of borrowed materials with no unique features.

Preamble of the Indian Constitution

  • The Preamble is based on the Objective Resolution drafted by Pandit Nehru and adopted by the Constituent Assembly
  • The Preamble is not a tool of prohibition upon the powers of the legislature.
  • The words Socialist, Secular, and Integrity were inserted in the preamble by the 42nd Amendment

Word "Secular" and "Liberty"

  • The word "secular "was added not by the 44th constitutional amendment act.
  • Neither of the statement is only correct

Words Added to the Preamble by the 42nd Amendment Act

  • "Socialist" and "Secular" were added to the Preamble through the 42nd constitutional amendment act.

Amendments to the Preamble

  • The preamble has not been amended only once through the 44th constitutional amendment act 1976.
  • Nither of them

Federalism in the Constitution

  • The word "federalism" is not mentioned in the Constitution

Objectives Embodied in the Preamble of the Constitution of India

  • Liberty of thought, expression, belief, faith and worship are embodied

Adjectives Associated with "Republic" in the Preamble

  • The correct order is: Sovereign, Socialist, Secular, Democratic

The Word 'Sovereign'

  • 'Sovereign' word is not part of the Preamble.
  • Correct is Sovereignty

Characteristics of Secularism in India

  • The Indian Constitution embodies the positive concept of secularism.
  • All religions in India have the the same status and support from the state.
  • Constitution makers did not want to establish a religious state in India.

Comparing Indian and Western Secularism

  • The Indian concept of secularism is not similar to the Western concept of secularism
  • All religions in country not according strength

Philosophy of Justice in the Preamble

  • All of the statements are correct

The Term 'Equality'

  • The provision of adequate opportunities for all individuals without any discrimination

What Social Justice Denotes

  • The equal treatment of all citizens without any social distinction based on caste, colour, race, religion, and sex
  • It means it means the absence of privileges being extended
  • Improvement in conditions of sc and st

Implications of Equality in Society

  • The absense of privileges

The Constitutional Status of January 26th 1950

  • A sovereign Dom

Wealth Violates Under The Indian Constitution

  • The Directive Principles of State Policy

Economic Justice Under the Indian Constitution

  • The Preamble and the Directive Principles of State Policy

  • French Revolution inspired the aspirations of Preamble

Regarding India's Preamble

  • The Preamble is a part of the Constitution
  • It can be amended
  • It is non-justiciable in nature

Basis for Limitations on the Right to Freedom of Expression

  • Sovereignty and integrity of India Public order
  • Decency or morality
  • Defamation

Schedules in India

Schedule 1 includes the names of the states of India

  • Schedule 2 deals with salaries of constitutional posts, judges, and public offices like CAG except those exempted from charged expenditure

Preamble of the Indian Constitution regarding Pandit Nehru

  • Preamble based and 42nd amendment

Fundamental Rights Under the Indian Constitution

  • Mentioned under Part 3 of the constitution
  • Upon their violation, you can directly approach the Supreme Court to get remedy

Fraternity in Constitution

  • All is not equal to sec

Provisions Ensuring Fraternity

  • Double citi

A Minority and Majorities in Indian Constitution

Article 29 protects interest of minorities Article 30 includes both minorities and majorities 3. Is right to impart education to children own language

Relating to Tax

Tax for promotion
Fee can levied to some service and safety.

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