Indian Constitution Module 3

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Questions and Answers

What is the purpose of admonishing against anti-social activities?

  • To warn people against disrespectful actions (correct)
  • To increase public dissent
  • To promote national unity
  • To enforce more laws

How do fundamental duties influence the constitutionality of law?

  • They invalidate laws passed by legislatures
  • They guarantee freedom of speech
  • They restrict judicial review
  • They assist the Court in determining constitutional validity (correct)

What is one key aspect that the fundamental duties aim to promote?

  • Encouraging constitutional culture (correct)
  • Limiting citizen rights
  • Increasing government power
  • Simplifying legal procedures

Which of the following describes the nature of the Indian government?

<p>It is a Parliamentary form of government (C)</p> Signup and view all the answers

What is often concentrated within the Cabinet in a Parliamentary form of government?

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

What inspires the structure of the Indian Parliamentary government?

<p>Britain's governmental framework (B)</p> Signup and view all the answers

Who appoints the Prime Minister of India?

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

What is the minimum age to be a member of Lok Sabha?

<p>25 years (D)</p> Signup and view all the answers

What role does the Union Executive play in the Indian Constitution?

<p>To execute laws (D)</p> Signup and view all the answers

Which term best describes the concept of 'Cabinet Government'?

<p>Collective responsibility of the executive (B)</p> Signup and view all the answers

Which of the following is a power of the Prime Minister of India?

<p>Decide the Foreign Policy (B)</p> Signup and view all the answers

Which article of the Indian Constitution is related to the appointment of the Prime Minister?

<p>Article 75 (C)</p> Signup and view all the answers

Jawaharlal Nehru was the first Prime Minister of India. What is the tenure period he served?

<p>1947 - 1964 (B)</p> Signup and view all the answers

What is a requirement for someone to hold the office of Prime Minister?

<p>Must be a citizen of India (D)</p> Signup and view all the answers

What role does the Prime Minister have in the Council of Ministers?

<p>Head of the Council (C)</p> Signup and view all the answers

Who is the current Prime Minister of India?

<p>Narendra Modi (A)</p> Signup and view all the answers

What is one of the criticisms of the Directive Principles of State Policy?

<p>They lack legal authority. (D)</p> Signup and view all the answers

When were the Fundamental Duties incorporated into the Indian Constitution?

<p>1976 (D)</p> Signup and view all the answers

Who chairs the Union Cabinet in India?

<p>The Prime Minister (A)</p> Signup and view all the answers

Which of the following is NOT a purpose of the Directive Principles of State Policy?

<p>To create legal obligations on citizens. (A)</p> Signup and view all the answers

What must the members of the Council of Ministers be qualified for?

<p>To be members of either House of the Parliament (B)</p> Signup and view all the answers

Which body holds the true power in India according to the content?

<p>The Council of Ministers (B)</p> Signup and view all the answers

What are the Fundamental Duties inspired by?

<p>The body of the former Soviet Union. (C)</p> Signup and view all the answers

How are the other ministers appointed in the Union Council of Ministers?

<p>On the advice of the Prime Minister (B)</p> Signup and view all the answers

How can the Directive Principles be implemented?

<p>Through amendments to the Fundamental Rights. (B)</p> Signup and view all the answers

What is the role of State Ministers in the Council of Ministers?

<p>They work under the control of Cabinet Ministers (A)</p> Signup and view all the answers

What does the criticism regarding the arrangement of Directive Principles imply?

<p>They are illogically organized. (C)</p> Signup and view all the answers

What is the duration of office specified for the Council of Ministers?

<p>Unlimited duration (A)</p> Signup and view all the answers

Which duty is included in the Fundamental Duties listed in the Indian Constitution?

<p>To follow the Constitution. (A)</p> Signup and view all the answers

Which of the following is NOT a role of the Prime Minister regarding the Council of Ministers?

<p>Supervising the Cabinet directly (C)</p> Signup and view all the answers

What role do the Directive Principles of State Policy play in governance?

<p>They guide long-term development strategies. (A)</p> Signup and view all the answers

What is the primary function of Cabinet Ministers?

<p>To hold charge of specific government departments (B)</p> Signup and view all the answers

What is the primary purpose of the Directive Principles of State Policy (DPSP)?

<p>To guide the state in creating policies for citizens. (D)</p> Signup and view all the answers

Which article of the Indian Constitution defines the term 'state'?

<p>Article 36 (B)</p> Signup and view all the answers

Which of the following is NOT one of the aims of the Directive Principles of State Policy?

<p>Establishing a capitalist economy. (C)</p> Signup and view all the answers

What is the legal status of Part IV of the Indian Constitution regarding enforceability?

<p>Not enforceable in any court of law. (D)</p> Signup and view all the answers

From which constitution were the Directive Principles of State Policy adopted?

<p>Irish Constitution (C)</p> Signup and view all the answers

Which article of the DPSP ensures free legal aid?

<p>Article 39-A (A)</p> Signup and view all the answers

What do the Directive Principles of State Policy primarily aim to promote?

<p>Welfare and justice for all citizens. (D)</p> Signup and view all the answers

Which of the following articles focuses on nutrition and public health?

<p>Article 47 (D)</p> Signup and view all the answers

What is the primary role of Deputy Ministers?

<p>To assist senior ministers with responsibilities (D)</p> Signup and view all the answers

Which of the following is NOT a category of ministers in the council?

<p>Single Charge Minister (B)</p> Signup and view all the answers

Who leads the executive of the Government of India?

<p>Prime Minister (C)</p> Signup and view all the answers

In the absence of the Prime Minister, who presides over the government?

<p>Deputy Prime Minister (B)</p> Signup and view all the answers

Which category of ministers does not report to a Cabinet Minister?

<p>Minister of State (Independent charge) (A)</p> Signup and view all the answers

What is the main function of the Union Executive in Indian democracy?

<p>To coordinate all branches of administrative and executive bodies (D)</p> Signup and view all the answers

Which of the following statements best describes the role of the Prime Minister?

<p>Is the leader of the executive and oversees government operations (A)</p> Signup and view all the answers

Which category is responsible for deciding portfolios associated with senior ministers?

<p>Prime Minister (C)</p> Signup and view all the answers

Flashcards

Directive Principles of State Policy (DPSPs)

Guidelines for the government to create policies aiming to ensure the well-being of the people.

What is the purpose of DPSP

The DPSPs are aspirational principles that serve as objectives for the Indian government.

Where are DPSPs found in the Indian Constitution?

Articles 36 to 51 in Part IV of the Indian Constitution list these principles.

What are the main types of justice addressed by the DPSP?

Articles 38 to 40 outline the government's responsibility to achieve social justice, political justice, and economic justice.

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Are DPSPs directly enforceable in court?

They are not legally enforceable by citizens through courts, but they influence the government's decision-making process.

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What is the fundamental purpose of DPSPs?

These principles aim to establish economic and social democracy, promoting a welfare state.

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Which article specifically states the non-justiciable nature of DPSPs?

Article 37 clearly states that DPSPs are non-justiciable, meaning not enforceable through courts.

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Where does India's DPSP concept originate from?

Taken from the Irish Constitution, they were considered novel features by B.R. Ambedkar.

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Union Cabinet

The highest decision-making body in India composed of key ministers from the Union Council of Ministers.

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Appointment of Council of Ministers

The Prime Minister appoints the Council of Ministers with the President's approval.

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Prime Minister's Role in Communication

The Prime Minister informs the President about all administrative decisions made by the Council of Ministers.

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Qualifications for Council of Ministers

Members of the Council of Ministers must be elected members of either the Lok Sabha (Lower House) or Rajya Sabha (Upper House).

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Council of Ministers' Power

The Union Executive, consisting of the Council of Ministers, exercises power alongside the Legislative Assemblies.

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Cabinet Ministers

These ministers are directly responsible for the implementation of specific policies and decisions within their assigned departments.

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State Ministers

State ministers assist Cabinet Ministers, representing different regions and working under their guidance.

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Categories of Council Ministers

The Council of Ministers, appointed by the Prime Minister, are categorized into Cabinet Ministers, Ministers of State, and Deputy Ministers.

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How do Fundamental Duties Admonish Against Anti-Social Activities?

These duties act as a warning against actions that harm the nation, like flag burning, destroying public property, or disrupting public peace.

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How Do Fundamental Duties Help Determine Law Constitutionality?

Fundamental duties provide a basis for the court to assess the constitutionality of laws. If a law supports a fundamental duty, it's likely to be deemed constitutional.

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What is the Purpose of Fundamental Duties?

They go beyond mere formalities and aim to bring about positive change in Indian society.

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What is a Parliamentary Form of Government?

The concept of a Parliamentary government involves the executive branch being accountable to the legislative branch. The cabinet, which holds executive power, is responsible to the legislature.

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What is the Union Executive?

The Union Executive is the most powerful part of the Indian government, responsible for executing laws.

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What Form of Government Does India Have?

India adopted a Parliamentary form of government inspired by the British model.

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Why Is the Union Executive Important?

The Union Executive is a significant part of India's governing system, tasked with executing laws effectively.

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What are Some Examples of Countries With Parliamentary Governments?

The Parliamentary form of government, where the executive is accountable to the legislature, is common in countries like Japan, Canada, and Britain.

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What is the legal force of Directive Principles of State Policy?

Directive Principles are guidelines for the government to strive for, but they are not legally enforceable. They aim to achieve social and economic justice and improve the overall quality of life.

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Can Directive Principles contradict Fundamental Rights?

Directive Principles can be used to interpret Fundamental Rights, but they cannot be used to overturn or oppose them.

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What are Fundamental Duties?

Fundamental Duties are guidelines for citizens to uphold, aiming to promote national unity, social harmony, and ethical conduct.

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When were Fundamental Duties included in the Indian Constitution?

They were added to the Constitution in 1976, influenced by the former Soviet Union, to emphasize the importance of civic duty and national unity.

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What is the inspiration behind Fundamental Duties?

Fundamental Duties are inspired by the ideals of Indian leaders, reformers, and philosophers, reflecting the values of Indian society.

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How many fundamental duties are there?

There are eleven fundamental duties, including respecting the Constitution, promoting harmony, and contributing to national progress.

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Why Are Fundamental Duties Important?

Fundamental Duties are a crucial part of the Indian Constitution, shaping the conduct of citizens and the government to create a more responsible society.

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Are Fundamental Duties legally enforceable?

Fundamental Duties are not directly enforceable by law, but they play a crucial role in building a strong and responsible society.

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How is the Prime Minister of India appointed?

The Prime Minister of India is appointed by the President based on the provisions of Article 75 and Article 84 of the Indian Constitution.

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Who typically becomes the Prime Minister of India?

The leader of the majority party in the Lok Sabha is generally chosen by the President to become the Prime Minister.

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What are the qualifications to become the Prime Minister?

The Prime Minister must be a citizen of India, a member of either the Rajya Sabha or Lok Sabha, and must be at least 30 years old if a Rajya Sabha member or 25 years old if a Lok Sabha member.

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What are some of the Prime Minister's key powers?

The Prime Minister is responsible for determining India's foreign policy, acting as the head of the Central Government, leading the majority party in Parliament, and serving as the leader of the house.

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Describe the Prime Minister's authority over other ministers and emergency situations.

The Prime Minister has the authority to allocate ministerial portfolios, request resignations from ministers, and recommend to the President the declaration of an emergency in cases of external aggression, rebellion, or war.

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What is the role of the Council of Ministers?

The Prime Minister heads the Council of Ministers, which is the primary executive body of the Indian government.

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How is the Prime Minister connected to the Parliament?

The Prime Minister is the leader of the majority party or coalition that has control of the Parliament.

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What additional roles might the Prime Minister hold?

The Prime Minister is also the head of several important organizations.

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Prime Minister

The highest ranking member of India's executive branch, leading the Council of Ministers, and responsible for overall governance.

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Minister of State (Independent charge)

A junior Minister with their own independent portfolio, not reporting to a Cabinet Minister.

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Parliamentary Secretaries

The fourth category of Ministers, assisting senior Ministers with their responsibilities and duties under the Prime Minister's guidance.

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Deputy Ministers

Assisting both Cabinet and Ministers of State with their political and administrative responsibilities under the Prime Minister's guidance.

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Deputy Prime Minister

This individual presides as Prime Minister in the latter's absence or as the most senior Cabinet Minister.

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Council of Ministers: Ranking

The council of ministers comprises five categories, arranged in descending order of rank: Prime Minister, Deputy Prime Minister, Cabinet Ministers, Ministers of State, and Parliamentary Secretaries.

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Union Executive: Importance

The Union Executive is a vital organ of India's democracy, providing the framework for administration and governance.

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Study Notes

Indian Constitution - Module 3

  • The module focuses on Directive Principles of State Policy (DPSP), Fundamental Duties, and the Union Executive.

Directive Principles of State Policy (DPSP)

  • DPSPs are guidelines for the state's policies for its citizens.

  • They guide the state when forming policies and enacting laws.

  • DPSPs are meant to be kept in mind by the state when formulating policies.

  • Citizens have no power to enforce DPSPs.

  • They are considered as 'instruments of instructions' in the Government of India Act, 1935.

  • DPSPs aim to establish socio-economic justice and pave the way for a welfare state.

  • The core concept behind DPSP is to create a 'Welfare State' rather than a 'Police State', aiming to achieve social and economic democracy.

  • Part IV of the Indian Constitution lists DPSPs from Articles 36 to 51.

  • Examples of DPSP Articles

    • Article 36: Defines the term "state".
    • Article 37: DPSPs are not enforceable by any court of law.
    • Article 38: Social, Political and Economic Justice.
    • Article 39: Principles of Policy.
    • Article 39-A: Free Legal aid.
    • Article 40: Organization of Panchayats.
    • Article 42: Securing just and humane work and maternity relief.
    • Article 43: Fair wages and a decent standard of life.
    • Article 43-A: Workers' participation in management.
    • Article 43-B: Promotion of Cooperatives.
    • Article 44: Uniform Civil Code.
    • Article 45: Infant and Child Care
    • Article 47: Nutrition, standards of living, and public health
    • Article 48: Scientific agriculture and animal husbandry
    • Article 48-A: Environment and Wildlife Protection
    • Article 49: Protection of monuments and places of national importance.

Classification of DPSPs

  • Socialistic Principles (Examples: Articles 38, 39, 39A, 41, 42, 43, 43A & 47)
  • Gandhian Principles
  • Liberal-Intellectual Principles (Examples: 48A, 44, 45)

Amendments to DPSPs

  • 42nd Amendment: Added Articles 39, 39A, 43A, and modified Article 43.

  • 44th Amendment: Amended Article 38(2) of the DPSPs

  • 86th Amendment: Changed the subject of Article 45 and brought it within the ambit of fundamental rights as Article 21A

  • 86th & 1992 Amendment: Added Article 43-B to the list of DPSP

Fundamental Duties

  • Fundamental duties are an important part of the Indian Constitution.

  • Prescribed duties embodying the highest ideals of great saints, philosophers, reformers, and leaders.

  • The original Constitution did not include Fundamental Duties.

  • Added by the 42nd Amendment to the Constitution of India in 1976, based on the recommendations of the Swaran Singh Committee.

  • Inspired by those of the former Soviet Union.

  • Examples of Fundamental Duties

    • Abide by the Constitution
    • Respect National Flag and Anthem
    • Follow ideals of the freedom struggle
    • Protect Sovereignty and Integrity of India
    • Defend the country
    • Preserve Natural Environment
  • Other Fundamental Duties

    • Develop scientific temperament
    • Safeguard Public Property
    • Avoid violence
    • Strive for excellence
  • Purpose of Fundamental Duties: To fulfil high ideals and objectives

    • Serve as a constant reminder to all citizens
    • Help in the development of a democratic conduct and anti-social activities
    • Help determine the constitutionality of any laws

Union Executive

  • The Union Executive is the most important law body and executes laws.

  • Due to its importance, the Union Executive is the most significant branch of Indian government.

  • The Union Executive authorizes and implements laws.

  • It consists of the President, Vice-President, Prime Minister, and Council of Ministers.

  • President's Role

    • Is the Head of the State and the Union Executive
    • Exercises executive power under the supervision and direction of the Prime Minister and the Council of Ministers.
    • Article 52 states that there shall be a President
    • Has certain allowances and privileges.
  • Prime Minister's Role

    • Selected by the people's representatives from the Lok Sabha
    • Leader of the Parliament and chief head of the Government
    • Heads the Council of Ministers.
  • Union Cabinet Ministers

    • This ministry department holds the charge of the variant department of the Indian Government
    • State ministers
    • Deputy ministers
    • Parliamentary Secretaries

Conclusion

  • This module details the core concepts of the Indian Constitution, including the Directive Principles of State Policy, Fundamental Duties, and the Union Executive.
  • It helps students understand the importance of these components in a modern economy to build the welfare state.

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