Evolution and Philosophy of Indian Constitution

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Questions and Answers

What was the primary stance of the Simon Commission regarding the enumeration of Fundamental Rights?

It opposed the enumeration of Fundamental Rights. (correct)

It suggested a temporary postponement of the enumeration.

It deemed the enumeration of Fundamental Rights necessary.

It supported the enumeration of Fundamental Rights.

Which committee expressed the opinion that Fundamental Rights should be expressly guaranteed in the Constitution?

The Joint Select Committee

The Sapru Committee (correct)

The Simon Commission

The British Cabinet Mission

What significant right under Article 32 does the Indian Constitution provide?

The right to form political parties

The right to move the Supreme Court for enforcement of Fundamental Rights (correct)

The right to education

The right to free speech

Which feature distinguishes the Indian Constitution regarding Fundamental Rights according to Seervai?

It has a chapter on Fundamental Rights with enforcement provisions. Signup and view all the answers

What does the English Bill of Rights, 1689, primarily declare?

Basic freedoms claimed by Englishmen Signup and view all the answers

In what context does the doctrine of Ultra vires not apply according to the document?

To Acts made by the British Parliament Signup and view all the answers

What does Article 32 of the Indian Constitution relate to?

The enforcement of Fundamental Rights Signup and view all the answers

Which writs are considered essential components of judicial review power in the context of the Indian Constitution?

Habeas corpus, mandamus, certiorari, prohibition and quo warranto Signup and view all the answers

What is the origin of the idea of constitutionalism based on?

Answers to three fundamental questions about government Signup and view all the answers

According to Aristotle, what is the nature of human beings?

Political and social animals Signup and view all the answers

What does Robert M MacIver suggest about the necessity for regulation in a family?

It mirrors the growth of government regulation Signup and view all the answers

How does MacIver differentiate between 'state' and 'government'?

The state is the organization, while government is merely its organ Signup and view all the answers

What necessity does the content suggest led to the formation of laws and government?

The growth of human relationships and communities Signup and view all the answers

Which statement best represents the essence of constitutional law?

It is a framework for organizing a state Signup and view all the answers

What is implied as a primary concern in establishing a government?

To prevent tyranny and abuse of power Signup and view all the answers

According to the content, what role does community play in the concept of governance?

It is essential for political organization Signup and view all the answers

What powers does Article 352 of the Indian Constitution grant the Union Government during emergencies?

It grants the Union the power to impose emergency and take sweeping actions. Signup and view all the answers

Which articles in Schedule VII pertain to the powers related to foreign policy exclusively entrusted to the Union?

Articles 246 along with Entries 10 to 16 of List I. Signup and view all the answers

Under Article 254(1), which law prevails in the event of a conflict between state law and central law?

Central law will prevail unless reserved for Presidential consideration. Signup and view all the answers

What does Article 253 empower the Parliament to do?

Make any law for enforcing treaties and international decisions. Signup and view all the answers

What role does Article 200 play regarding state laws?

It allows for state laws to be reserved for Presidential consideration. Signup and view all the answers

What obligation does Article 324(6) impose on the President and State Governors?

To provide necessary staff for the Election Commission's functions. Signup and view all the answers

During a state of emergency affecting war powers, which article confers authority to the Union?

Article 246 relates to defense and emergency powers. Signup and view all the answers

What dependency does the Union Government have on states concerning national programmes?

The Union depends on states for local administration and national elections. Signup and view all the answers

What was the primary reason for the formation of the Indian Union?

The unification of several princely states Signup and view all the answers

What are the three lists that define the division of powers in the Indian Federation?

Union, States, and Concurrent Lists Signup and view all the answers

Which statement best reflects Ambedkar's view on the Indian Federation?

It is a union that is indissoluble. Signup and view all the answers

How does the Indian Constitution's federal structure differ from the American Constitution's?

India has a stronger center and a flexible federal structure. Signup and view all the answers

What led to the recognition of Jammu and Kashmir's special status in the Indian Union?

The Twenty Second Amendment to the Constitution Signup and view all the answers

In what way was the Indian federation comprised originally?

As a unitary state with administrative provinces Signup and view all the answers

What mechanism does the Indian Constitution incorporate concerning its federal structure?

Provisions for unitary governance in specific scenarios Signup and view all the answers

What is a significant outcome of the reorganization of States in India?

Creation of four categories of States Signup and view all the answers

What significant change was made to the Indian Constitution by the 42nd Amendment Act in 1976?

Insertion of the term 'Socialist' in the Preamble Signup and view all the answers

Which of the following features reflects the democratic nature of India as per its Constitution?

Active participation of citizens in governance Signup and view all the answers

What does the term 'Secular' imply about the Indian state?

The state treats all religions equally Signup and view all the answers

According to the Constitution, what does the term 'Sovereign' signify?

Complete independence from outside authorities Signup and view all the answers

How many Articles were added to the Constitution between 1950 and 1995?

69 Articles Signup and view all the answers

What structure does the Constitution of India establish?

The structure for both Central and State Governments Signup and view all the answers

What does the term 'Republic' in the Indian Constitution mean?

A government with an elected head of state Signup and view all the answers

Which aspect of the Indian Constitution reflects the incorporation of ideas from the German Reich?

Provisions related to emergency governance Signup and view all the answers

Study Notes

Foundation of Government and Constitutionalism

Three fundamental questions: necessity of government, best form of government, and preventing tyranny initiated the concept of constitutionalism.
Constitution is a framework of doctrines and practices for organizing a state.
Aristotle posited that humans are social and political beings, necessitating community formation and regulations.
Robert M. MacIver connected family governance to municipal governance, explaining the distinction between the state and its government.

Historical Context and Fundamental Rights

Simon Commission (1930) rejected formalizing Fundamental Rights, deeming them ineffective without enforceability.
Indian National Congress in March 1931 advocated for written guarantees of Fundamental Rights in future constitutions.
The Government of India Act 1935 did not include Fundamental Rights, despite demands from the Sapru Committee and the British Cabinet Mission Plan.
Article 32 of the Indian Constitution introduced the right to approach the Supreme Court for enforcing Fundamental Rights.

Structure of Indian Federation

India transitioned to a federation post-independence, uniting various princely states into the Indian Union.
Unlike most federations formed from independent states, India's federation arose from a centralized unitary state.
Indian Constitution made clear delineations of powers between the Union and States through Union, States, and Concurrent Lists.
The special status accorded to Jammu and Kashmir via the Twenty Second Amendment reflects the gradual state reorganization process.

Federal vs. Unitary Characteristics

Constituent Assembly emphasized a strong Center, responding to socio-political conditions.
Ambedkar articulated the dual polity of Indian federalism, balancing strong central authority while allowing state sovereignty.
Provisions enabled the Constitution to assume unitary characteristics in emergency situations, enhancing the Union's powers.

War and Foreign Policy Powers

Exclusive war and foreign policy powers vested in the Union; Article 352 allows for emergency declarations and top-down control.
Article 246 details legislative powers related to defense and foreign policy, centralizing authority during crises.

Concurrent Powers and Legislative Conflicts

The Concurrent List permits both Union and State legislation; Article 254 prioritizes Union laws in case of conflict.
State laws may prevail if reserved for the President's consideration and receive assent, establishing a complex legislative hierarchy.

Administrative Relations and National Programs

Union relies on states for local administration of national programs; Article 324 mandates cooperation for electoral functions.
Constitution has evolved since its inception, currently comprising 443 Articles post-78th Amendment, reflecting ongoing legislative adjustments.

Preamble and Core Values

India is defined as a Sovereign, Socialist, Secular, Democratic Republic in its Preamble.
Sovereignty asserts independence from external authority; socialism indicates state involvement in production and distribution.
Secularism promotes equal treatment of all religions without state preference, while democracy affirms government derived from popular consent.
Republic signifies electing a head of State, contrasting hereditary systems like that in the UK; the President of India serves as the Chief Executive.

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Description

Explore the philosophical and historical roots of the Indian Constitution in this insightful quiz. Analyze key questions surrounding governance and its necessity throughout civilization. Delve into the principles that shape the structure of government as envisioned in the Constitution.