Indian Constitution Overview

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Questions and Answers

What is the primary role of the Preamble in the Constitution of India?

It outlines the amendment procedure.

It is a source of restrictions and prohibitions.

It aids in the interpretation of statutes and provisions. (correct)

It serves as the supreme power of the Constitution.

Which characteristic of the Indian Constitution highlights its extensive nature?

It consists only of justiciable rights.

It is the lengthiest written constitution in the world. (correct)

It has fewer articles than any other constitution.

It is the most frequently amended constitution.

From which sources has the Indian Constitution drawn its provisions?

It is entirely based on the philosophies of Indian leaders.

Only from the British Constitution.

Solely from the United States Constitution.

Many other countries and the Government of India Act of 1935. (correct)

How is the Indian Constitution classified in terms of rigidity and flexibility?

It uniquely combines rigidity and flexibility. Signup and view all the answers

What type of governmental system does the Constitution of India establish?

A federal system with unitary bias. Signup and view all the answers

Who emphasized that the Constitution of India was framed after examining other constitutions globally?

Dr. B. R. Ambedkar Signup and view all the answers

What distinguishes a rigid constitution from a flexible one?

A rigid constitution requires a special procedure for amendments. Signup and view all the answers

What aspect of governance does the Indian Constitution primarily incorporate from the British Constitution?

Cabinet government and relations between executive and legislature Signup and view all the answers

What is the primary body at the state level responsible for legislation?

State Legislature Signup and view all the answers

Which of the following entities is included in the term 'local government' as defined under Entry 5 of List II of the Seventh Schedule?

Improvement Trust Signup and view all the answers

What was the conclusion of the Ajit Singh v. State of Punjab case regarding village panchayats?

They are included within the meaning of 'local authority'. Signup and view all the answers

Which body is specifically excluded from being considered a State under Article 12?

National Council of Educational Research and Training (NCERT) Signup and view all the answers

What key aspect must be considered to determine if a body is a State according to Article 12?

It must be under pervasive control of the government. Signup and view all the answers

According to Article 12, how is the term 'judiciary' treated?

It is not explicitly mentioned or defined. Signup and view all the answers

What challenges exist regarding the interpretation of the term 'other authorities' in Article 12?

Judicial opinion on its meaning has been inconsistent. Signup and view all the answers

What implication does the lack of definition for 'judiciary' in Article 12 have on legal decisions?

Judicial pronouncements cannot be challenged on fundamental rights grounds. Signup and view all the answers

Who holds the constituent power to amend the Constitution?

Parliament holds the constituent power. Signup and view all the answers

In what instance can state legislatures propose changes to the Constitution?

Adopting a resolution to urge Parliament regarding legislative councils. Signup and view all the answers

What happens if both Houses of Parliament cannot agree on a Constitutional Amendment Bill?

No provision exists for a joint session. Signup and view all the answers

What does Article 14 ensure for the citizens of India?

Equality before law and equal protection of the laws. Signup and view all the answers

What is a major flaw in the amendment procedure highlighted in the content?

The process lacks a fixed timeline for state legislature approvals. Signup and view all the answers

Why is the concept of equality before law important as per Article 14?

It is essential for maintaining society’s liberty and fairness. Signup and view all the answers

What is suggested as a means to address ambiguity in the amendment procedure?

Establishing a special committee for in-depth discussions. Signup and view all the answers

What does 'legal equality' entail as described in the content?

Equal treatment under the law, regardless of personal attributes. Signup and view all the answers

What does Article 21 of the Indian Constitution guarantee?

Right to life and personal liberty Signup and view all the answers

Which case narrowed the interpretation of Article 21 in the early years?

AK Gopalan Case Signup and view all the answers

What significant change did the Maneka Gandhi vs. Union of India case bring to Article 21?

It asserted the interconnection between Articles 19 and 21 Signup and view all the answers

What requirement must be met for a law depriving life or personal liberty to be valid under Article 21?

It must satisfy the requirements of Article 19 Signup and view all the answers

What is described as the 'heart of fundamental rights' by the Supreme Court of India?

Right to life and personal liberty Signup and view all the answers

What does the phrase 'procedure established by law' in Article 21 imply?

Deprivation must follow a legal process Signup and view all the answers

Which case emphasized that procedures depriving life or liberty must be reasonable, fair, and just?

Francis Coralie Mullin vs. Union Territory of Delhi Signup and view all the answers

According to the interpretation of Article 21, what should any procedure for deprivation of rights avoid being?

Arbitrary and whimsical Signup and view all the answers

What key change was made to the law regarding the right to sustenance from a joint Hindu family on September 9, 2005?

The disparity was removed by an amendment. Signup and view all the answers

In which case did the Supreme Court rule in favor of Shah Bano regarding maintenance after her divorce?

Shah Bano Case Signup and view all the answers

What did the Shah Bano Case lead to the recommendation of?

Establishment of a uniform civil code. Signup and view all the answers

What was the basis of the challenge in the Daniel Latifi Case concerning the Muslim Women’s Act?

It contradicted the rights to equality and life. Signup and view all the answers

What was concluded about a divorced Muslim woman's right to maintenance in the Daniel Latifi Case?

She is entitled to lifelong maintenance or until remarriage. Signup and view all the answers

What issue was addressed in the Sarla Mudgal Case regarding Hindu marriages?

Marriage under Hindu law can only be dissolved as per the Hindu Marriage Act. Signup and view all the answers

Which Indian Penal Code section pertains to the offense of a second marriage without dissolving a previous Hindu marriage?

Section 494 Signup and view all the answers

What is the significance of the Special Marriage Act enacted in 1954?

It provides for civil marriages outside religious personal law. Signup and view all the answers

Study Notes

The Preamble of the Constitution

The Preamble of the Constitution is now considered part of the Constitution.
It plays an important role in interpreting statutes and provisions of the Constitution.
The Preamble is not the supreme power or source of any restriction or prohibition.

Salient Features of the Indian Constitution

The Indian Constitution is the lengthiest written constitution in the world.
It's a comprehensive, elaborate, and detailed document.
It includes both justiciable and non-justiciable rights.

Sources of the Indian Constitution

The Indian Constitution borrowed provisions from various global constitutions.
Dr. B.R. Ambedkar stated they "ransacked all the known Constitutions of the world".
The structural part derives from the Government of India Act of 1935.
The philosophical part draws inspiration from the American and Irish Constitutions.
The political part borrows elements from the British Constitution.

Rigidity and Flexibility of the Indian Constitution

The Indian Constitution blends rigidity and flexibility in its amending procedure.
It requires a special procedure for amendment, similar to the American Constitution.
It can be amended in the same manner as ordinary laws, similar to the British Constitution.

Federal System with Unitary Bias

The Constitution establishes a federal system of government with a unitary bias.
The Parliament has the power to propose constitutional amendments.
State legislatures cannot introduce bills or proposals for constitutional change, except for a resolution regarding legislative councils.
There's no set time limit for state legislatures to approve amendments and it's unclear if they can revoke their approval.
There's no provision for a joint session if Parliament's houses disagree on a Constitutional Amendment Bill.
The amendment procedure's provisions are ambiguous, leading to court cases.

Local Authorities

The term "Local Authority" includes:
- Local Government: Municipal corporations, improvement trusts, district boards, mining settlement authorities, and other bodies related to local self-government or village administration.
- Village Panchayat: Village panchayats are considered Local Authorities.
- Other Authorities: The term "other authorities" is undefined and its interpretation has been evolving through judicial decisions.

The Concept of State under Article 12

The term "State" in Article 12 includes entities under the control of the government, but not the Judiciary.
This concept is broader than just the government and includes government departments, local bodies, legislatures, etc.
There's no rigid test for determining if a body is considered "State," but it should be financially, functionally, and administratively dominated by the government.

Article 21: Right to Life and Personal Liberty

Article 21 guarantees "Protection of Life and Personal Liberty."
It protects both citizens and foreigners.
It includes the right to life and the right to personal liberty.
This right is protected from the State, including government departments, local bodies, legislatures, etc.

Interpretation of Article 21

The scope of Article 21 has evolved through judicial decisions.
AK Gopalan Case (1950): The Supreme Court initially held that the expression "procedure established by law" embodied the British concept of personal liberty.
Maneka Gandhi vs. Union of India Case (1978): This case expanded the scope, stating that any procedure under law for the deprivation of life or liberty should not be unfair, unreasonable, or arbitrary.
Francis Coralie Mullin vs. Union Territory of Delhi (1981): The court emphasized that any procedure for depriving someone's rights should be reasonable, fair, and just.
Olga Tellis vs. Bombay Municipal Corporation (1985): The court reiterated the need for any procedure that would deprive a person's fundamental rights to conform to fairness and justice.

Right to Equality under Article 14

Article 14 states the State "shall not deny to any person equality before the law or the equal protection of the laws within the territory of India."
It ensures equal treatment for all citizens, regardless of their status.

Equality Before the Law

Equality before the law means everyone is treated equally, without special privileges.
This principle is also known as "legal equality."

The Hindu Marriage Act

It provides for civil marriages outside of religious personal laws.
It offers a framework for marriage dissolution and ensures equality for women in marital matters.

Judicial Interventions in Muslim Personal Law

Shah Bano case (1985): The Supreme Court ruled in favor of a divorced Muslim woman, Shah Bano, based on the provision for maintenance in the All India Criminal Code. This led to recommendations for a uniform civil code.
Daniel Latifi Case: The Muslim Women’s Act (MWA) was challenged, but the Supreme Court affirmed its constitutionality, ensuring divorced Muslim women's right to maintenance for life or until remarriage.
Sarla Mudgal Case: The court clarified that a Hindu marriage solemnized under Hindu law could only be dissolved based on grounds specified in the Hindu Marriage Act. Conversion to Islam and marrying again wouldn't automatically dissolve the Hindu marriage.
John Vallamattom Case: A priest challenged the discriminatory practices within the Church, highlighting the need for equality and non-discrimination.

Conclusion

Constitutional amendments are necessary for adapting the Constitution to changing circumstances and societal evolution.
It ensures harmony between the constitutional framework and government policies.
The need for a Joint Parliamentary Committee for in-depth debate and consensus-building on constitutional amendments.
The proposal for a dedicated committee for considering constitutional amendments.
The emphasis that amendments should be confined to areas that do not alter the core philosophy of the Constitution.

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Description

This quiz covers key aspects of the Indian Constitution, including its Preamble, salient features, and sources of inspiration. Test your knowledge on why the Indian Constitution is unique among the world's constitutions and the various influences that shaped it. Explore the balance between rigidity and flexibility in constitutional law.