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Questions and Answers
What is one of the fundamental rights that was deleted from the list of fundamental rights?
What is one of the fundamental rights that was deleted from the list of fundamental rights?
Which article guarantees equality before the law and equal protection of law?
Which article guarantees equality before the law and equal protection of law?
During a National Emergency, which fundamental rights cannot be suspended?
During a National Emergency, which fundamental rights cannot be suspended?
How many fundamental rights are currently recognized in the Constitution after the amendment?
How many fundamental rights are currently recognized in the Constitution after the amendment?
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Which article prohibits discrimination on grounds of religion, race, caste, sex, or place of birth?
Which article prohibits discrimination on grounds of religion, race, caste, sex, or place of birth?
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Which right is linked with the abolition of untouchability?
Which right is linked with the abolition of untouchability?
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What is the significance of Article 32 in the context of fundamental rights?
What is the significance of Article 32 in the context of fundamental rights?
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Which of the following is NOT covered under the rights guaranteed by Article 19?
Which of the following is NOT covered under the rights guaranteed by Article 19?
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Which of the following is a fundamental right protected under Article 21?
Which of the following is a fundamental right protected under Article 21?
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What significant change occurred to the Preamble in 1976?
What significant change occurred to the Preamble in 1976?
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Which article prohibits the employment of children below the age of 14?
Which article prohibits the employment of children below the age of 14?
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What is stated in Article 25 regarding freedom?
What is stated in Article 25 regarding freedom?
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What does Article 29 protect?
What does Article 29 protect?
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Which article allows individuals to move the Supreme Court for the violation of fundamental rights?
Which article allows individuals to move the Supreme Court for the violation of fundamental rights?
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What is the significance of the Preamble as stated by the Supreme Court?
What is the significance of the Preamble as stated by the Supreme Court?
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Which Article was omitted by the 44th Amendment Act?
Which Article was omitted by the 44th Amendment Act?
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Which of the following is NOT one of the fundamental duties listed in Article 51 A?
Which of the following is NOT one of the fundamental duties listed in Article 51 A?
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Which fundamental duty pertains specifically to environmental preservation?
Which fundamental duty pertains specifically to environmental preservation?
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The fundamental duty that emphasizes scientific temper and spirit of inquiry is which of the following?
The fundamental duty that emphasizes scientific temper and spirit of inquiry is which of the following?
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Which amendment added the 11th fundamental duty relating to education?
Which amendment added the 11th fundamental duty relating to education?
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What is the nature of the Directive Principles of State Policy?
What is the nature of the Directive Principles of State Policy?
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Which of the following duties encourages promoting unity and integrity in the nation?
Which of the following duties encourages promoting unity and integrity in the nation?
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The fundamental duty of citizens to strive for excellence applies to which areas?
The fundamental duty of citizens to strive for excellence applies to which areas?
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Which of the following reflects the inseparability of duties and rights as per the Swaran Singh Committee?
Which of the following reflects the inseparability of duties and rights as per the Swaran Singh Committee?
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Study Notes
Indian Polity in Short
- The Constitution of India was framed by a Constituent Assembly set up under the Cabinet Mission plan (1946).
- The Constituent Assembly took 3 years (2 years, 11 months, and 18 days) to draft the Constitution.
- During this time, the Assembly held 11 sessions covering a total of 165 days, with 114 days dedicated to the discussion and consideration of the Draft Constitution.
- Assembly members were chosen by indirect election from Provincial Legislative Assemblies, following the Cabinet Mission's recommendations.
- The total membership was initially 389, which reduced to 299 due to the partition under the Mountbatten Plan (1947).
- World War II ended on May 9, 1945, leading to the announcement of British Government's Indian Policy and the establishment of a constitution-drafing body.
- The Cabinet Mission (Lord Pethick Lawrence, Stafford Cripps, A V Alexander) was instrumental in laying down the constitution drafting procedures.
- The first interim national government was announced on August 24, 1946, and constituted on September 2, 1946, led by Pandit Nehru.
- The Constituent Assembly's formation involved the election of members from provincial assemblies. Important figures included Rajendra Prasad, Sardar Patel, Maulana Abul Kalam Azad, and Shyama Prasad Mukherjee.
Committees
- A Committee on Rules of Procedure was chaired by Rajendra Prasad.
- Jawaharlal Nehru chaired the Steering Committee.
- Finance and Staff Committee was formed.
- An Ad Hoc Committee on the National Flag was established.
- A States Committee, Union Powers Committee, Union Constitution Committee, Advisory Committee on Fundamental Rights (Minorities and Tribal Areas), Drafting Committee, House Committee, Committee on the Functions of the Constituent Assembly, Minorities Sub-Committee, Fundamental Rights Sub-Committee, and North-East Frontier Tribal Areas and Assam Exluded & Partially Excluded Areas Sub-Committee were formed
- BR Ambedkar chaired the Drafting Committee.
Constitutional Reforms
- Acts of 1773, 1781, 1784, 1786, 1793, 1813, 1833, 1853, and 1858 enacted regulations for British India, including the establishment of the Supreme Court, reducing the Executive Council, and various trade regulations.
- The Government of India Act 1919 (Montague-Chelmsford Reforms) introduced dyarchy in the Provincial subjects of administration.
- The Government of India Act 1935 established the All-India Federation under the British Crown.
Parts of the Indian Constitution
- Part I (Articles 1-4): Territory of India
- Part II (Articles 5-11): Citizenship
- Part III (Articles 12-35): Fundamental Rights
- Part IV (Articles 36-51): Directive Principles of State Policy
- Part IV A (Articles 51A): Fundamental Duties
- Part V (Articles 52-151): Government at the Union level
- Part VI (Articles 152-237): Government at the State level
- Part VII (Article 238): Deals with states in Part B of the First Schedule, was repealed.
- Part VIII (Articles 239-241): Administration of Union Territories
- Part IX (Articles 242-243): Territories in Part D of the First Schedule and other territories, was repealed.
- Part X (Articles 244-244A): Scheduled and tribal areas
- Part XI (Articles 245-263): Relations between Union and States
- Part XII (Articles 264-300): Finance; property; contracts; and suits
- Part XIII (Articles 301-307): Trade, commerce, and travel within the territory of India
- Part XIV (Articles 308-323): Services under Union and States
- Part XIV-A (Articles 323A-323B): Administrative tribunals to hear disputes and complaints
- Part XV (Articles 324-329): Elections and Election Commission
- Part XVI (Articles 330-342): Special provisions for certain classes (SCs, STs, and Anglo-Indians)
- Part XVII (Articles 343-351): Official languages
- Part XVIII (Articles 352-360): Emergency provisions
- Part XX (Article 368): Amendment of the Constitution
- Part XXI (Articles 369-392): Special provisions
- Part XXII (Articles 393-395): Short title, commencement, and repeal of the constitution
Schedules of the Indian Constitution
- First Schedule: List of States and Union Territories
- Second Schedule: Salaries of President; Governors; Judges
- Third Schedule: Forms of Oaths and Affirmations
- Fourth Schedule: Allocation of seats in Rajya Sabha
Sources of Indian Constitution
- Government of India Act of 1935
- British Constitution
- US Constitution
- Irish Constitution
- Canadian Constitution
- Australian Constitution
- German Constitution
- French Constitution
- South African Constitution
- Japanese Constitution
- USSR Constitution
Preamble to the Constitution
- The preamble outlines the objectives of the Indian Constitution.
- Key words added by the 42nd Amendment Act (1976): socialist, secular, and integrity.
Fundamental Rights
- Right to Equality (Articles 14-18)
- Right to Freedom (Articles 19-22)
- Right Against Exploitation (Articles 23-24)
- Right to Freedom of Religion (Articles 25-28)
- Cultural and Educational Rights (Articles 29-30)
- Right to Constitutional Remedies (Article 32)
Right to Freedom
- Includes freedom of speech, expression, assembly, association, movement, residence, and settlement.
Fundamental Duties
- A list of ten fundamental duties was added by the 42nd Constitutional Amendment Act (1976).
- Part IV-A in the Constitution.
- Based on the Japanese model.
- Added an 11th fundamental duty by the 86th amendment in 2002.
Citizenship
- Ways to acquire Indian citizenship: birth, descent, registration, naturalization, and incorporation of territory.
Election of the President
- The President is elected by an electoral college consisting of members of both houses of Parliament and elected members of the state legislatures.
- Qualification for election: citizen of India; at least 35 years old; qualified for election as a member of the Lok Sabha.
Impeachment of the President
- President can be removed from office by the process of impeachment.
- Charges of violation of the constitution.
- The resolution must be passed by a majority of not less than 2/3 of the total membership of each house separately.
Legislative Powers of President
- Summons/prorogues both Houses of Parliament.
- Dissolves Lok Sabha, according to the advice of the council of ministers.
- Inaugurates Parliament after general elections and at the beginning of each session.
- Assents to bills passed by Parliament, returns bills for reconsideration.
Executive Powers of President
- Appoints Prime Minister.
- Appoints other members of the Council of Ministers, and distributes portfolios.
- Appoints various other high-ranking officials (Governors, CJ, AG, etc.).
- Commander-in-Chief of the Armed Forces.
Financial Powers of the President
- Recommends money bills to Parliament.
- Appoints finance commission every 5 years.
Judicial Powers of the President
- Appoints judges of the Supreme Court.
- Can grant pardon to a condemned person.
Emergency Powers of President
- National Emergency (Article 352), State Emergency (Article 356), Financial Emergency (Article 360).
Vice President
- Elected by an electoral college comprising members of both Houses of Parliament.
- Qualifications: must be a citizen of India, at least 35 years old, qualified for election as a member of the Rajya Sabha.
- Roles: Acts as ex-officio Chairman of Rajya Sabha; acts as President when the office of President is vacant; discharges the functions of President if the President is unable to perform their duties.
Prime Minister
- Appointed by the President.
- Recommended among the leaders of majority in Lok Sabha.
- Holds office during the pleasure of the president.
Parliament of India
- The Parliament comprises the President of India, Lok Sabha and Rajya Sabha.
- Lok Sabha: Lower House, popularly elected members, originates money bills and handles debates on issues.
- Rajya Sabha: Upper House, elected members from each state, and nominated members, can delay/amend bills but not reject money bills.
- Special Powers: Money bills, confidence motions, national emergencies
Qualifications of Members of Lok Sabha
- Citizen of India, not less than 25 years of age, registered voter, not holding office of profit.
Speaker and Deputy Speaker of Lok Sabha
- Elected from among the members of Lok Sabha.
- Preside over the meetings of the House; their rulings are final.
Special Powers of the Speaker
- Certifies bills as Money Bills.
- Presides over joint sittings of both Houses.
Qualifications to be a Member of Vidhan Sabha
- Citizen of India.
- At least 25 years of age.
- Mentally sound, not bankrupt.
- Name on electoral rolls of the state.
Legislative Council (Vidhan Parishad)
- Permanent body, not dissolved. Members serve six-year terms, staggered election cycles.
- Members elected; one-third by members of local bodies; one-third by members of legislative assembly; one-sixth nominated by the Governor; one-twelfth by graduates.
Governor
- Appointed by President, holds office during the pleasure of President.
- Various executive, legislative, and financial powers.
Discretionary Powers of Governor
- The Governor must act according to the advice of the Council of Ministers headed by the Chief Minister. However, discretionary powers can be used in specific contexts.
Governor's Power of Veto
- The Governor can declare their assent or withhold the assent to the Bill.
- Return a bill to the state legislature for reconsideration (for non-money bills).
- Reserve a bill for the consideration of the President.
Panchayati Raj
- The 73rd Constitutional Amendment (1992) provided for a three-tier system of Panchayats at the village, intermediate, and district levels.
- Compulsory provisions: organization of Gram Sabha; establishment of Panchayats; reservation of seats for SCs, STs; and women; tenure of five years; and State Election Commissions.
- Types of Panchayats: Gram Panchayat, Panchayat Samiti, and Zilla Parishad.
Supreme Court
- The highest judicial body in India, with original, appellate, and advisory jurisdictions.
Qualifications for Supreme Court Judges
- Citizen of India.
- At least five years' experience as a High Court judge or ten years' experience as an advocate.
Removal of Judges of Supreme Court
- Impeachment by both Houses of Parliament (2/3 majority).
High Courts
- Highest judicial body at the state level, with original and appellate jurisdictions.
Writs in Indian Constitution
- Habeas Corpus; Quo Warranto; Mandamus; Certiorari; Prohibition
Union Territories
- Administered by the President through an Administrator appointed by them.
- Parliament has powers to make laws, despite having local legislatures.
Jammu and Kashmir (Special Status)
- Article 370: Grants specific status to Jammu and Kashmir, including separate constitution and allowing the state to have its residuary powers for the state's legislature.
Election Commission
- Independent body with powers for superintendence, direction, and control over elections.
- Composed of a Chief Election Commissioner and other Election Commissioners.
Comptroller and Auditor General (CAG)
- Independent constitutional office.
- Audits all accounts related to all expenditure from the Consolidated Fund of India.
Parliamentary Funds – Consolidated Fund of India
- Article 266 established a consolidated fund.
- The primary fund for the receipt of all government money
- All government revenue is deposited here.
- All government expenditure occurs from this fund.
Contingency Fund of India
- Used for unforeseen expenditures.
- Funds drawn from this fund are subject to approval by the Parliament.
Political Parties
- A recognised political party is either a national or state party.
- Criteria for recognition include winning a minimum percentage of seats in the Lok Sabha, winning a minimum percentage of votes in multiple states, or winning a minimum number of seats.
Important Points Related to the Constitution
- Amendments that have been made to the constitution.
- Important persons who made and helped make the constitution.
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Description
Test your knowledge on the fundamental rights guaranteed by the Indian Constitution in this quiz. It covers important articles and significant amendments related to rights and equality. Answer questions on the history and current status of these rights.
