laxmikant---Salient Features of the Indian Constitution

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Questions and Answers

What transformation does the Indian Constitution undergo during emergencies?

It strengthens the power of the states.

It introduces new federal states.

It allows for the dissolution of the local governments.

It converts to a unitary structure without a formal amendment. (correct)

Which Amendment Act in 1992 recognized rural local governments in the Indian Constitution?

72nd Amendment Act

73rd Amendment Act (correct)

75th Amendment Act

74th Amendment Act

Which of the following Articles was added by the 97th Constitutional Amendment Act regarding co-operative societies?

Article 19 (correct)

Article 243-ZH (correct)

Article 356

Article 43-B (correct)

What type of emergency is declared under Article 356 of the Indian Constitution?

State emergency due to failure of Constitutional machinery Signup and view all the answers

Which aspect of the Indian Constitution is unique compared to other countries' federal structures?

The ability to convert to a unitary system during emergencies Signup and view all the answers

What power does the governor have during the recess of the state legislature?

To promulgate ordinances Signup and view all the answers

What is the role of the Finance Commission as outlined in the Constitution?

To allocate taxes and grants between Union and states Signup and view all the answers

Which article empowers Parliament to legislate on matters in the State List?

Article 249 Signup and view all the answers

What does Article 300A state regarding property rights?

Individuals can only be deprived of property by authority of law Signup and view all the answers

Which article pertains to the administrative tribunals?

Article 323A Signup and view all the answers

What provisions does Article 352 outline?

Proclamation of a national emergency Signup and view all the answers

Which article contains the provisions for the superintendence of elections?

Article 324 Signup and view all the answers

What does Article 265 prohibit regarding taxation?

Imposition of taxes without legal authority Signup and view all the answers

What is the primary reason that the Indian Constitution is considered the lengthiest written Constitution in the world?

It includes numerous amendments and additional articles. Signup and view all the answers

Which amendment is notably referred to as the 'Mini-Constitution' due to its extensive changes?

42nd Amendment Signup and view all the answers

What aspect of the Indian Constitution did the Supreme Court rule cannot be altered through amendments?

The basic structure of the Constitution Signup and view all the answers

Which of the following factors does NOT contribute to the extensive size of the Indian Constitution?

A focus on international laws Signup and view all the answers

Originally, how many articles did the Indian Constitution contain when it was adopted in 1949?

395 Articles Signup and view all the answers

As of 2019, approximately how many articles are present in the Indian Constitution?

470 Articles Signup and view all the answers

Which of the following best describes the nature of the Indian Constitution?

It is a comprehensive document detailing governance and administrative provisions. Signup and view all the answers

Which Part was deleted from the Constitution during amendments since 1951?

Part VII Signup and view all the answers

What distinguishes the Indian Constitution from other written constitutions globally?

It encompasses both central and state governance within one document. Signup and view all the answers

Which of the following amendments is associated with significant changes in the fundamental rights of the Constitution?

44th Amendment Signup and view all the answers

Which provision ensures judges cannot practice law after retirement?

Ban on practice after retirement Signup and view all the answers

What is the nature of the Fundamental Rights as outlined in the Indian Constitution?

Justiciable and enforceable rights Signup and view all the answers

Which of the following rights is NOT guaranteed by the Fundamental Rights in the Indian Constitution?

Right to Education Signup and view all the answers

How can Fundamental Rights be curtailed or repealed?

By a Constitutional Amendment Act Signup and view all the answers

What do the Directive Principles of State Policy primarily promote?

Establishment of a welfare state Signup and view all the answers

Which of the following is true regarding the enforceability of Directive Principles?

They are non-justiciable but fundamental for governance Signup and view all the answers

Which Articles pertain to the Right to Freedom under Fundamental Rights?

Articles 19–22 Signup and view all the answers

What is a key feature of the independence of the judiciary in India?

Fixed service conditions for judges Signup and view all the answers

Which of the following rights cannot be suspended during a National Emergency?

Right to Constitutional Remedies Signup and view all the answers

Which of the following is classified as a socialistic Directive Principle?

Promotion of cottage industries Signup and view all the answers

What is the significance of the Minerva Mills case in relation to the Indian Constitution?

It affirmed the balance between Fundamental Rights and Directive Principles. Signup and view all the answers

Which amendment introduced Fundamental Duties to the Indian Constitution?

42nd Constitutional Amendment Act Signup and view all the answers

Which of the following is NOT one of the eleven Fundamental Duties under Article 51-A?

To serve in the armed forces Signup and view all the answers

Which statement is true regarding the non-justiciable nature of Fundamental Duties?

Fundamental Duties are meant to be a reminder to citizens rather than enforceable laws. Signup and view all the answers

What does the term 'secular' in the Indian Constitution signify?

The absence of any state religion. Signup and view all the answers

Which article guarantees equality before the law in India?

Article 14 Signup and view all the answers

What restriction does Article 15 of the Indian Constitution impose?

No discrimination against citizens on religious grounds Signup and view all the answers

How does the Indian Constitution's Preamble reflect its secular character?

By ensuring liberty of belief, faith, and worship. Signup and view all the answers

Which article allows for the free profession, practice, and propagation of religion?

Article 25 Signup and view all the answers

What does Article 26 ensure for religious denominations in India?

The right to manage religious affairs Signup and view all the answers

Study Notes

### Salient Features of the Indian Constitution

The Indian Constitution is the lengthiest written constitution in the world.
It was originally adopted in 1949 with a preamble, 395 articles (divided into 22 parts) and 8 schedules.
Currently, it has a preamble, about 470 articles (divided into 25 parts) and 12 schedules.
The expansive size is attributed to factors like the vastness of India, historical influences, a single constitution for both the central and state governments, and the influence of legal experts in the Constituent Assembly.

Fundamental Rights

The Indian Constitution guarantees six fundamental rights to citizens:
- 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)
Fundamental Rights are meant to promote political democracy and function as limitations on executive tyranny and arbitrary laws.
They are justiciable, meaning enforceable by courts for violation.
These rights are not absolute and can be subject to reasonable restrictions.
They can be curtailed or repealed through a Constitutional Amendment Act.
Fundamental Rights can be suspended during a National Emergency, except for the rights guaranteed by Articles 20 and 21.

Directive Principles of State Policy

The Directive Principles of State Policy are considered a novel feature of the Indian Constitution.
Found in Part IV, they are classified into socialistic, Gandhian, and liberal-intellectual categories.
They aim to establish a ‘welfare state’ in India by promoting social and economic democracy.
Unlike Fundamental Rights, they are non-justiciable and not directly enforceable by courts.
The Constitution emphasizes their importance in the governance of the country.
They impose a moral obligation on state authorities, with political support (public opinion) being the primary driving force.

Fundamental Duties

Fundamental Duties were added in 1976 by the 42nd Constitutional Amendment Act, during the internal emergency.
The 86th Constitutional Amendment Act of 2002 added another duty.
They are outlined in Part IV-A, Article 51-A, and include:
- Respecting the Constitution, national flag, and national anthem
- Protecting the sovereignty, unity, and integrity of the country
- Promoting common brotherhood among all people
- Preserving the rich heritage of our composite culture
They remind citizens of responsibilities while enjoying their rights.
Like the Directive Principles, they are non-justiciable.

A Secular State

The Indian Constitution upholds a Secular State.
This means it doesn't endorse any specific religion as the official religion of the Indian State.
Secularism is evident in provisions like:
- The inclusion of the term ‘secular’ in the Preamble by the 42nd Amendment Act of 1976.
- Securing liberty of belief, faith, and worship for all citizens.
- Guaranteeing equality before the law and equal protection of the laws (Article 14).
- Prohibiting discrimination based on religion (Article 15).
- Ensuring equal opportunity for all in matters of public employment (Article 16).
- Recognizing the freedom of conscience and the right to freely profess, practice, and propagate any religion (Article 25).
- Providing the right to manage religious affairs for every religious denomination (Article 26).

Emergencies

The Constitution provides for three types of emergencies:
- National Emergency due to war, external aggression, or armed rebellion (Article 352)
- State Emergency (President's Rule) due to the failure of constitutional machinery in a state (Article 356) or non-compliance with central directives (Article 365)
- Financial Emergency due to threats to the financial stability or credit of India (Article 360)
During an emergency, the central government gains significant power and the states come under central control.
This effectively transforms the federal structure into a unitary one without formal constitutional amendment.
This shift from federal to unitary during emergency situations is a unique characteristic of the Indian Constitution.

Three-Tier Government

Initially, the Indian Constitution, like other federal systems, established a dual polity with provisions for the center and states.
The 73rd and 74th Constitutional Amendment Acts (1992) introduced a third tier of government, local government, which is unique to the world.
The 73rd Amendment gave constitutional recognition to Panchayats (rural local governments) by adding Part IX and Schedule 11.
The 74th Amendment recognized Municipalities (urban local governments) by adding Part IX-A and Schedule 12.

Co-operative Societies

The 97th Constitutional Amendment Act of 2011 granted constitutional status and protection to co-operative societies.
It made the following changes:
- Made the right to form co-operative societies a fundamental right (Article 19).
- Added a new Directive Principle of State Policy on promoting co-operative societies (Article 43-B).
- Introduced Part IX-B, titled "The Co-operative Societies" (Articles 243-ZH to 243-ZT).
The new Part IX-B aims to ensure that co-operative societies function democratically, professionally, autonomously, and economically sound.

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Description

This quiz covers the key aspects of the Indian Constitution, including its length, structure, and the fundamental rights it guarantees to citizens. Learn about the historical context and significance of each fundamental right as per various articles. Test your knowledge on the vital features that uphold democracy in India.