Important Sources of the Indian Constitution

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Questions and Answers

Which document is the source of the concept of 'Fundamental Rights' in the Indian Constitution?

  • United States Constitution (correct)
  • Canadian Constitution
  • French Constitution
  • British Constitution

What aspect of government structure is primarily contributed by the Canadian Constitution to the Indian Constitution?

  • Independent judiciary
  • Parliamentary form of government
  • Strong central government (correct)
  • Federal structure with strong local governance

The Directive Principles of State Policy in the Indian Constitution are inspired by which country's constitution?

  • Ireland (correct)
  • United States
  • France
  • Australia

Which provision allows the Union to suspend Fundamental Rights during an emergency?

<p>Emergency powers from the Constitution of Germany (A)</p> Signup and view all the answers

What principle does the Preamble of the Indian Constitution emphasize as inspired by the French Constitution?

<p>Equality and Liberty (B)</p> Signup and view all the answers

Which country's constitution influenced the process for the amendment of the Indian Constitution?

<p>Soviet Union (B)</p> Signup and view all the answers

The Election of the President of India is influenced by which country's constitution?

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

What concept regarding the legislature's power is sourced from the Australian Constitution in the context of the Indian Constitution?

<p>Concurrent List (B)</p> Signup and view all the answers

Which of the following writs is NOT mentioned as a power of the Supreme Court under Article 32?

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

What does the Basic Structure Doctrine imply regarding the amendment of the Constitution?

<p>Certain basic features of the Constitution are unamendable. (A)</p> Signup and view all the answers

Which feature of the Indian Constitution emphasizes the judiciary's role in interpreting the Constitution?

<p>Judicial Review (D)</p> Signup and view all the answers

What are the six fundamental rights mentioned in the Indian Constitution?

<p>Right to Freedom, Right to Right to Equality, Right against Exploitation, Right to Freedom of Religion, Cultural and Educational Rights, Right to Constitutional Remedies (A)</p> Signup and view all the answers

Which Article of the Indian Constitution allows High Courts to issue directions and writs?

<p>Article 226 (A)</p> Signup and view all the answers

What must a government order have to be nullified through Judicial Review?

<p>It must be unconstitutional. (C)</p> Signup and view all the answers

Which of the following is NOT considered a Fundamental Right in the Indian Constitution?

<p>Right to Property (D)</p> Signup and view all the answers

How does the Indian Constitution's provision for Fundamental Rights compare to the United States?

<p>It provides a similar legal framework for protecting citizen rights. (C)</p> Signup and view all the answers

What major legal question was addressed in the Kesavananda Bharati vs State of Kerala case in 1973?

<p>Whether the basic structure of the Constitution is amendable. (A)</p> Signup and view all the answers

Which provision from the Indian Constitution relates to the impeachment of the President?

<p>Article 61 (C)</p> Signup and view all the answers

Which amendment did Indira Gandhi attempt to use to avoid prosecution during the Emergency in 1975?

<p>39th Amendment (B)</p> Signup and view all the answers

What does Article 124(4) of the Indian Constitution specifically govern?

<p>Removal of Supreme Court judges. (B)</p> Signup and view all the answers

Which aspect of the Irish Constitution has influenced the Indian Constitution?

<p>Directive Principles of State Policy. (C)</p> Signup and view all the answers

In which case did Justice JR Madholkar dissent against the Supreme Court's stance on constitutional amendments?

<p>Sajjan Singh vs State of Rajasthan (A)</p> Signup and view all the answers

What is a key feature of the Directive Principles of State Policy (DPSP) in the Indian Constitution?

<p>They serve as guidelines for law making. (D)</p> Signup and view all the answers

What was the outcome of Chief Justice Ray's attempt to review the Kesavananda Bharati judgement?

<p>It was struck down by a majority of 12:1. (D)</p> Signup and view all the answers

Flashcards

Article 32

Guarantees the right to move the Supreme Court for enforcing fundamental rights.

Article 226

Grants High Courts power to issue writs for enforcing fundamental rights.

Fundamental Rights

Basic human rights granted to citizens, ensuring equal stance in society.

Judicial Review

Power of judiciary to interpret Constitution and nullify unconstitutional orders.

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Writs

Legal orders issued by courts for enforcing rights, including habeas corpus, mandamus, etc.

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Basic Structure Doctrine

Judicial principle limiting Parliament's power to amend the Constitution.

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Habeas Corpus

A writ requiring a person under detention to be brought before a court.

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Constitutional Amendment

Formal change to the constitution of a country.

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Major Sources of Indian Constitution

The different countries and constitutions that influenced the creation of the Indian constitution.

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US Constitution Influence

The U.S. Constitution influenced the Indian Constitution in areas like fundamental rights, government structure, and judicial independence.

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British Constitution Influence

The British Constitution influenced parliamentary structure, single citizenship, and the concept of the Rule of Law.

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Canadian Constitution Influence

The Canadian Constitution contributed to understanding of federal systems, dividing powers, and residual powers.

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Irish Constitution Influence

The Irish constitution informed concepts, such as Directive Principles of State Policy, and the method of electing individuals to the Rajya Sabha.

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French Constitution Influence

The French constitution contributed the values of liberty, equality and fraternity to the preamble.

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Australian Constitution Influence

The Australian constitution influenced the internal trade arrangements between different states.

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Soviet Union Constitution Influence

The Soviet Union's constitution inspired the concept of a constitutionally mandated planning commission.

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Kesavananda Bharati case

Landmark ruling (1973) in which the Supreme Court determined that the Indian Parliament cannot amend the Constitution to change its basic structure.

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Impeachment of President

Process to remove the President from office according to Article 61 of the Indian Constitution. Requires support from both houses of Parliament.

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Removal of Judges

Process to remove Supreme Court Judges from office, detailed in Article 124(4) of the Indian Constitution. Includes processes like 'misbehavior and incapacity'.

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Directive Principles of State Policy (DPSP)

Guidelines in Part IV of the Indian Constitution that direct state actions. The state aims to apply these principles when creating laws.

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39th Amendment

Amendment that was deemed invalid due to violating the basic structure doctrine, in the context of Indira Gandhi’s Emergency

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Golak Nath case

1967 Supreme Court case that ruled Parliament could not amend the Fundamental Rights of citizens.

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Study Notes

Important Sources of the Indian Constitution

  • The Indian Constitution is the foundation of Indian democracy, providing a framework for rights and freedoms.
  • The Constitution was adopted on November 26, 1949, and came into effect on January 26, 1950.

Government of India Act 1935

  • The 1950 Constitution stemmed from the 1935 Act, a British-era legislation.
  • The 1935 Act comprised 321 sections and 10 schedules.
  • Key sources of content for the 1935 Act included the Simon Commission Report, Round Table Conference discussions, the 1933 White Paper, and Joint Select Committee reports.
  • The act dissolved provincial dyarchy, establishing a "Federation of India" encompassing British India and princely states.
  • The 1935 act established the Governor's office, centralizing executive power.

Other Sources

  • United Kingdom: The Indian Constitution draws on UK concepts like parliamentary systems of government and the Rule of Law (codified in Article 14).

  • United States of America: The US Constitution influenced fundamental rights (Articles 12–32) and the concept of judicial review.

  • Ireland: Ireland's Constitution is a source for the Directive Principles of State Policy (DPSP), part of the Indian Constitution.

  • Canada: Features of Canadian federation and the advisory jurisdiction of the Supreme Court resemble aspects in the Indian Constitution.

  • France: The Preamble's ideals of liberty, equality, and fraternity originate from the French Constitution.

  • Australia: Provisions related to freedom of trade and commerce and the concurrent list are influenced by the Australian Constitution.

  • South Africa and Germany: Aspects of amending the constitution and the election of the Rajya Sabha members were influenced by constitutions from these countries, as well as emergency provisions.

  • Soviet Union (USSR) and Japan: Additional provisions included fundamental duties, the idea of social, economic, and political justice in the Preamble. A constitutionally mandated planning commission similar to the USSR model, influenced the Indian Constitution.

Key Constitutional Provisions

  • Writs: Supreme Court and High Courts have the power to issue writs for enforcing rights.
  • Judicial Review: The judiciary has the authority to review laws to ensure they comply with the constitution.
  • Impeachment of President/Removal of Judges: Specific procedures for removing the President and judges are set.
  • Single Citizenship: India adopts a single citizenship system for all citizens.
  • Rule of Law: Article 14 ensures equality before the law for every individual.

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