Podcast
Questions and Answers
What was the constitutional status of India on January 26, 1950, according to the Preamble?
What was the constitutional status of India on January 26, 1950, according to the Preamble?
- Sovereign Republic
- Sovereign Socialist Secular Democratic Republic
- Socialist Secular Democratic Republic
- Sovereign Democratic Republic (correct)
Which of the following best reflects the significance of the Preamble to the Indian Constitution?
Which of the following best reflects the significance of the Preamble to the Indian Constitution?
- It is primarily a historical document outlining the debates of the Constituent Assembly.
- It functions solely as a summary of the articles within the Constitution.
- It serves as an identity card of the Constitution and provides insight into the minds of the constitution makers. (correct)
- It is a legally enforceable document ensuring justice, liberty, equality, and fraternity.
In which of the following cases did the Supreme Court initially declare that the Preamble was not a part of the Constitution?
In which of the following cases did the Supreme Court initially declare that the Preamble was not a part of the Constitution?
- KS Puttaswamy case
- Indra Sawhney case
- Kesavananda Bharati case
- Berubari Union case (correct)
Which of the following objectives is NOT explicitly mentioned in the Preamble of the Indian Constitution?
Which of the following objectives is NOT explicitly mentioned in the Preamble of the Indian Constitution?
Which of the following statements best describes the concept of 'constitutionalism'?
Which of the following statements best describes the concept of 'constitutionalism'?
Which of the following is the most accurate understanding of 'domicile' in the Indian context?
Which of the following is the most accurate understanding of 'domicile' in the Indian context?
What fundamental principle is common between Gandhism and Marxism?
What fundamental principle is common between Gandhism and Marxism?
Which of the following is an essential feature of Indian federalism that safeguards its structure?
Which of the following is an essential feature of Indian federalism that safeguards its structure?
What is the most accurate definition of the term 'State' for constitutional purposes?
What is the most accurate definition of the term 'State' for constitutional purposes?
According to Dicey's concept of the Rule of Law, which of the following is a key element?
According to Dicey's concept of the Rule of Law, which of the following is a key element?
In the Indian context, what does 'bureaucracy' primarily refer to?
In the Indian context, what does 'bureaucracy' primarily refer to?
What is the primary distinction between judicial custody and police custody?
What is the primary distinction between judicial custody and police custody?
What is the significance of the Fifth and Sixth Schedules of the Indian Constitution?
What is the significance of the Fifth and Sixth Schedules of the Indian Constitution?
The PESA Act (Panchayats Extension to Scheduled Areas Act) aims to achieve which of the following?
The PESA Act (Panchayats Extension to Scheduled Areas Act) aims to achieve which of the following?
Which of the following best describes the concept of local self-government?
Which of the following best describes the concept of local self-government?
The 73rd Constitutional Amendment provides for which of the following?
The 73rd Constitutional Amendment provides for which of the following?
Under what circumstances can Parliament legislate on a subject listed in the State List?
Under what circumstances can Parliament legislate on a subject listed in the State List?
What is the primary function of the Vote on Account?
What is the primary function of the Vote on Account?
Which of the following is NOT a discretionary power of the Governor?
Which of the following is NOT a discretionary power of the Governor?
What is the role of the Supreme Court regarding Presidential election disputes?
What is the role of the Supreme Court regarding Presidential election disputes?
Flashcards
India's Status (1950)
India's Status (1950)
The constitutional status of India on January 26, 1950 was a Sovereign Democratic Republic.
Preamble's Insight
Preamble's Insight
The Preamble reflects the minds of the constitution makers.
Constitutionalism
Constitutionalism
Constitutionalism means governments should be limited in power.
Constitutional Government
Constitutional Government
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Domicile Definition
Domicile Definition
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Gandhi-ism & Marxism
Gandhi-ism & Marxism
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Indian Polity
Indian Polity
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Definition of State
Definition of State
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Parliamentary government
Parliamentary government
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Fundamental rights
Fundamental rights
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Quality in society
Quality in society
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Due precess of law
Due precess of law
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Right against exploitation
Right against exploitation
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Article 37 says
Article 37 says
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International Peace and security
International Peace and security
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Parliamentary Control
Parliamentary Control
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Adjournment motion
Adjournment motion
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Prorogation Necessity
Prorogation Necessity
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PESA Act
PESA Act
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Delimitation Commission
Delimitation Commission
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Study Notes
- Exam is for the English medium civil service aspirants
- The session will discuss previous year questions (PYQs) from Indian Polity
- PYQs will range from 2013 to 2024
- Some pyqs from 2011 and 2012 will be discussed
- Lecture is very important for those targeting prelims 2025 and beyond
- It will help with revision and understanding of concepts
- Focuses on how to study and prepare for the exam
UPSC Subscription Announcement
- 15-month course available
- Offer may end soon, possibly tonight
- Use code "IS English" for the lowest subscription fee
Topic-Based Division of PYQs
- The PYQs have been divided by topic, not just by year
- First: Basics of Indian Polity (Preamble, Union & Territory, Citizenship)
- Second: Fundamental Rights, Directive Principles, Fundamental Duties
PYQ Discussion: Constitutional Status of India on January 26, 1950
- Asked in Prelims 2021
- Preamble considered the "identity card" or philosophy of the Constitution
- At commencement, India was a Sovereign Democratic Republic
- Terms "socialist" and "secular" were added later
- They were added via the 42nd Constitutional Amendment Act of 1976
- "Integrity" was another word added by the 42nd Amendment
- Preamble tells us about four things:
- Creates a legal fiction: "We the People", implying enactment by the people
- Identifies the nature of the Indian State (Sovereign, Democratic Republic)
- States the objectives: Justice, Liberty, Equality, Fraternity, Integrity
- Specifies the date of adoption: November 26, 1949
PYQ Discussion: Reflection of the Constitution Makers' Mind
- Asked in 2017
- The preamble tells us what the constitution is all about
- The preface tells us about the mind of the author
- Preamble also gives insight into the minds of the Constituent Assembly members
- Supreme Court has stated the Preamble unlocks the minds of constitution makers
- Preamble talks about Liberty, equality, fraternity, Justice
PYQ Discussion: Preamble as Part of the Constitution
- Asked in 2020
- In Berubari Union case, Supreme Court initially said Preamble was not part
- In Kesavananda Bharati case (1973), Supreme Court reversed this position
- Preamble was discussed and voted on, like other provisions
- Preamble voted on last to ensure alignment with other articles
- Preamble based on Objectives Resolution by Pandit Nehru
- Objectives Resolution adopted on January 22, 1947
- Preamble is not enforceable in a court of law
- It is used to interpret ambiguous constitutional provisions
- KS Puttaswamy case (2017) about right to privacy illustrates this
KS Puttaswamy case (2017)
- 9 judge bench said, right to privacy is a fundamental right
- Supreme Court looked at the Preamble, Dignity is necessary
- Dignity requires privacy
PYQ Discussion: Objectives Not in the Preamble
- Preamble outlines objectives to be achieved through the Constitution
- Objectives: Justice (social, economic, political), Liberty (thought, belief, expression)
- Economic Liberty is not explicitly mentioned
- Economic Justice is mentioned, but not Liberty
PYQ Discussion: Constitutional Government Definition
- Constitutionalism means governments should be limited in power
- Constitution empowers government but also restricts its authority
- Without limitations, there's a risk of despotic rule
- John Locke: Legitimacy of government relies upon following limitations
- Rule of law is one way constitutionalism is implemented in India
### Statements about a constitutional government
- A constitutional government is limited by the Constitution
- Fundamental rights are restrictions on state power
- Fundamental rights protect individual liberty
- The correct statement is: It places effective restrictions on the authority of the state in the interest of the individual liberty
### What is a constitutional government?
- Not a government by Legislature
- Not a popular government
- Not a multi-party government
- Is a limited government, restricted in power
### Chief purpose of the Constitution?
- Not to secure social justice, economic growth, or maintain national unity, define and limit the powers of the government
### Question on citizenship
- Domicile = Residence + Intention to reside indefinitely
- Domicile is not defined in the Constitution.
- Single citizenship and domicile exist in India.
- Domicile can be used for educational institution admissions
- Any citizen can become head of state if they've completed 35 years of age
- Citizenship can be deprived if acquired through fraud
- Citizenship Act of 1955 has three ways to lose citizenship:
- Renunciation (voluntary)
- Termination (acquiring another citizenship)
- Deprivation (fraud or concealment)
### Common Agreement between Gandhi-ism and Marxism
- Both ideologies share the goal of a stateless society
- KL Marx believed in communism, where history ends
- Mahatma Gandhi talked about Ram Raju
### Essential feature of the Indian polity
- Federalism derived from “feedus”
- Federation needs: Dual government, distribution of powers, constitution, Judiciary is independent.
- Indian constitutions are predominantly Quasi Federal
- Sr. Bmay versus Union of India federalism is part of the basic structure of the Constitution
- Best feature: Safeguarded independence of Judiciary
### Feature of Indian federalism
- Independent Judiciary
- Divided powers
- States have unequal representation in Rajya Sabha
- Federalism NOT the result of agreement
### Best Definition of the Term State
- State = Group of people, definite territory, Sovereign
- Not reliant on monarchy or democracy
- Palestine is not a state
- Colony may not equal a state
Superior virtue of democracy
- Intelligence, characters of ordinary men and women called into action
- Requires us to elect the right people
- Not strengthen the executive leadership
- Not a superior individual with dynamism and vision
- Not a band of dedicated party workers
parliamentary system of government
- Whenever you hear this phrase parliamentary form of government you should keep in mind that parliamentary form of government means Council of ministers are responsible to Lo saaba
- government is responsible to the Parliament and can be removed by it
- the government is elected by the people and can be removed by them
### Bureaucracy in the context of India
- Permanent executive
- should be anonymous
- should be non partisan
- Agency implementation of public policy
Fundamental rights
- something that you can claim from the state
- are claims of the citizens against the state
Rule of Law
- Second Corollar of dice's concept of rule of law
- no body shall be punished in body or goods except for a breach of law so unless and until you have violated a law you have committed a crime should not be arrested should not be snatched property not confiscated, equal before law
- It includes limitation of power , equality before law and Liberty and civil rights
### Equality in society
- There are no privileges.
- Equal subjection to all laws.
- Nobody is above the law.
### Legislation
- Unguided and uncontrolled discretion over application of law violates article 14.
- Executive can make arbitrary decisions which would violate article 14.
### Liberial Democracy
- Need Independence of Judiciary
- Separation of powers
### Due process of law
- Principle of natural Justice
### Right To Property In India
- Legal Right
- Available To Any Person
### Right to Privacy
- Protected under article 21 of the Constitution
### Untouchability
- Protection against untouchability means article 17 article 17 says Untouchability is abolished
### Right against exploitation
- Prohibition of Traffic in human beings
- Prohibition of the empowerment of the children in hazardous Industries
- Does Not include abolition of untouchability
### Welfare State
- Ensured by directive principles
### Article 37 says
- Principles are for governance of a country and the state should follow them
### Indian Constitution
- Concentration of wealth violates directive principles
### Provisions contained in part 4
- Principles are to influence the making of laws by the state
### Directive Principles
- Ensure socioeconomic democracy in the country
- Are not enforceable by any court
### Constitution of India promotion of International Peace and security
- Included in Article 51 of the Constitution directive principles of the state policy
### Economic Justice
- Provided in preamble and directive principles
### Gandhiian Principles
- Organizing Village panchaits
- Promoting Cottage industries
### Question 36
- Judicial innovation propounded by the Supreme court in 1973
- Constitution provides for judicial review to safe Garde citizens liberties
### Amendment to the Constitution
- the president of India to give his or her Ascent Correct
- Constitution there is no provision for joint sitting
### Amendments to the Indian Constitution
- can be initiated by an introduction of the bill
- Amendment also requires to be ratified by the legislature of all the states no legislatures of at least half of the states
### Regarding Fundamental Duties
- Constitution does not provide for a punishment
- Constitution does not correlate
### Under the Constitution
- voting is not a fundamental Duty under part three
### Contact of India
- Rights are correlative
Form of government
- Council of Ministers are responsible to Loc saaba
### Total Number Of Ministers
- Not to exceed 15% of the total number of Members
### India is collectively responsible
- the members of both Lo SAA and rajas saaba is eligible
The time of his appointment.
- need not necessarily be a member of one of the houses but must become a member
### Underlining
- Parliament democracy
###Electoral value
- varies from state to state
- Vote of MPS of Lock SAA is more
- is equal to the MP of roys saaba
With the finance bill on money Bill
- the look so but transmits the financial bill the voice subha I can amend or reject this bill
- cannot discuss
###Election on Deputy Speaker
- Deputy elections that is the procedures
Macroeconomic Framework
- because it's mandated by the frpm act
###Consider the following
- correct for 95 but the profits has several both
- 5 times for five times so
###Statements:
- largest committee is the committee of estimate that committee of the Indian partner
the rajas saaba
- number one to this day to consider is the right
- of lock and call for a joint
Consider the following statements related to the election
- president notified and so that
###Statements of No confidence
- no mention
Adjournment Motion
- Adjournment is done by the presiding officer (speaker, deputy speaker, or panel member).
- An adjournment motion requires 50 MPs to appeal to the speaker.
- It involves setting aside the existing agenda to discuss a matter of urgent public importance.
- Discussion on the urgent matter should last over 2.5 hours.
- If the adjournment motion passes by a simple majority, it indicates censure of the government.
- Passage implies the government has potentially lost the confidence of the Lok Sabha.
- The purpose is to enable discussion on a definite matter of urgent public importance.
Parliamentary Control Over Public Finance
- Parliament controls the executive through questions, motions, resolutions, and budget approvals.
- Budget cannot be passed, or money withdrawn from the Consolidated Fund of India without parliamentary approval.
- Cut motions (policy cut, economy cut, token cut) are tools for Parliament's control.
- Parliament exercises financial control by reviewing the annual financial statement and the budget.
- Failure to pass the budget results in the government's defeat in the Lok Sabha, requiring resignation.
- Money withdrawal from the Consolidated Fund needs parliamentary approval via the Appropriation Bill.
- Parliament approves provisions of supplementary grants and vote on account.
- Supplementary grants are subject to parliamentary scrutiny regarding spending justifications.
- There isn't a mid-year or yearly review of government programs by a parliamentary budget office.
- Introducing a finance bill (related to taxation proposals) serves as a control measure.
Vote on Account
- Vote on Account was historically part of every budget.
- It allowed government to spend money for two months after the general budget discussion.
- It addressed the period between the financial year's end and budget approval.
- Rule of lapse: unspent money returns to the Consolidated Fund of India after March 31st.
- Vote on Account is now primarily used in election years when a full budget isn't presented.
- In election years, the new government later presents an interim budget.
Prorogation and Dissolution
- Prorogation of the house by the President requires the advice of the Council of Ministers.
- Adjournment can be "with date and time" or "sine die".
- Adjournment sine die: Presiding officer adjourns the house without setting a date for the next meeting.
- Adjournment sine die precedes the president proroguing the session.
- The President dissolves the Lok Sabha on the Prime Minister's advice save in exceptional circumastances.
- Dissolution of the Lok Sabha can be premature or automatic (at the end of its 5-year term).
- If a no-confidence motion passes, the President is not bound by the defeated PM's advice to dissolve.
Implementing International Treaties
- Parliament can legislate on any part of India to implement international treaties.
- Article 253 of the Constitution allows this without state consent.
- State consent is required under Article 252 when states request Parliament to legislate on a state list subject.
- Example: The Lokpal and Lokayuktas Act of 2013 was enacted following the UN Convention Against Corruption.
Special Powers of the Rajya Sabha
- Article 67 Clause B: Removal of the Vice President.
- Article 249: Power to authorize Parliament to legislate on state list subjects with a 2/3 majority.
- Article 312: Creation of new All India Services.
- Does not include changing state territories/names or amending presidential election procedures.
Presidential Elections
- Supreme Court has exclusive jurisdiction over presidential election disputes.
- Actions taken by a President remain valid even if their election is later deemed void by the Supreme Court.
- Presidential elections cannot be postponed due to vacancies in the Electoral College.
- Electoral College: Elected members of both houses of Parliament and state legislative assemblies.
- There is no constitutionally prescribed time limit for the President to decide on a bill.
Sessions of Parliament
- The president can summon a parliament session at any location she deems fit.
- The Constitution does not mandate three sessions per year.
- Though, the parliament traditionally has budget, monsoon, and winter sessions.
- The time gap between the last day of one session and the first day of the next should not exceed 6 months.
- There is no set minimum number of days the parliament must convene annually.
Governor's Role
- Saria Commission (1983-1988) suggested the governor should be a detached political figure from outside the state.
- The commission advised against appointing a member of the ruling party as governor in an opposition-ruled state.
- The commission suggested removing the "doctrine of pleasure".
President's Rule
- President's Rule (Article 356) is imposed when the President believes that the constitutional machinery has broken down.
- The council of ministers is immediately removed during President's Rule.
- The legislative assembly may be dissolved or kept under suspended animation.
- The dissolution of local bodies or fundamental rights are not results of President's Rule.
Parliamentary Control of Council of Ministers
- Parliament controls the Council of Ministers through adjournment motions and question hour.
- In the question hour Members can ask Starred and unstarred questions, or short duration questions.
- The answers can be oral in person or submitted in written format.
- Supplementary questions also serve as checks & balances.
Discretionary Powers of the Governor
- ill advisedly, the Governor has the power to act without the aid and advice of the Council of Ministers.
- Discretionary powers are not defined in the Constitution, and Governor decides what constitutes a discretionary power.
- Discretionary powers include:
- Sending a report to the President recommending President's Rule.
- Reserving bills passed by the state legislature for presidential consideration.
- Not discretionary:
- Appointing other ministers (done on the advice of the chief minister).
- Making rules to conduct state government business(only done on the chief minister's advice).
Legislation on State List
- Parliament can legislate on any item in the state list.
- It requires a resolution passed by the Rajya Sabha with a 2/3 majority of members present and voting.
Legislative Councils
- Legislative Councils exist in states like Andhra Pradesh, Telangana, Maharashtra, Bihar, UP, and Karnataka.
- Not all states have legislative councils.
- The constitution does not provide specific rules for number of legislative council, but generally, minimum number is 40, up to 1/3 of the legistlative assembly.
- The legislative assemblies elect/nominate.
- The governor does not nominate the chairman of the legislative council.
- The chairman is elected from among the members of the legislative council (MLCs).
Constitutional Amendments and Judicial Interpretation
- The First Constitutional Amendment inserted Article 15 Clause 4 to address judicial interpretations of fundamental rights.
- This amendment was a response to the belief that directive principles were being considered inferior to fundamental rights.
- The First Amendment was enacted after land reform and zamindari abolition acts were declared unconstitutional for violating fundamental rights under Articles 14, 19, and 31.
- Article 31A and Article 31B were added, and the 9th Schedule was included in the Constitution through the First Amendment.
- The First Amendment also introduced a reasonable restriction to freedom of speech and expression based on public order.
Reservation Policies and Constitutional Requirements
- The Supreme Court in the Indra Sawhney v. Union of India case (1991-93) affirmed the constitutionality of OBC reservations in public employment, subject to five conditions.
- The five conditions include demonstrating social and educational backwardness, inadequate representation in administration, applying the creamy layer concept, not exceeding 50% reservation (unless in extraordinary situations), and not affecting efficiency in administration.
- Efficiency in administration, required as per Article 335, is not defined in the Constitution.
Writs and Locus Standi
- If fundamental rights are violated, one can approach the Supreme Court under Article 32 or the High Courts under Article 226.
- Locus standi refers to who can approach the court: traditionally, only aggrieved individuals whose rights have been violated.
- Locus standi does not apply in cases of habeas corpus and quo warranto, allowing any public-spirited individual to approach the court.
- Locus standi applies in cases of mandamus, certiorari, and prohibition, restricting access to aggrieved individuals.
- Mandamus involves approaching the courts to command performance of a public duty when an organization fails to do so.
- Mandamus cannot be issued against a private organization unless it is entrusted with a public duty.
- Mandamus cannot be issued against a company, even if it is a government company, if it is not performing a public duty.
Contempt of Courts Act
- Pursuant to the H.N. Sanyal Committee report, the Contempt of Courts Act was passed, empowering the Supreme Court and High Courts to punish contempt.
- Only the Supreme Court and High Courts, as courts of record, can punish for contempt; District Courts cannot directly punish for contempt, but the High Court can punish on their behalf.
- The Constitution of India does not define civil and criminal contempt; these are defined in the Contempt of Courts Act 1971.
- Parliament is vested with the powers to make laws on contempt of court, and significant amendments were made in 2006.
- A 2006 amendment stated that truth is a valid defense against a contempt charge.
Retired Judges and Review of Judgments
- A retired Supreme Court judge can be called back to preside over a case by the Chief Justice of India with the president's permission and the retired judge's consent.
- A High Court has the power to review its own judgment, but not in the same way as the Supreme Court, which has review and curative petitions.
Separation of Judiciary from Executive
- The state shall take steps to separate the executive from the judiciary, which is a directive principle of state policy.
Parole Rules
- Parole is not a right, and it cannot be guaranteed even if a prisoner makes a sufficient case.
- State governments have their own prisoners' release on parole rules, with prisons under the State List in Schedule 7 of the Constitution.
Judicial Custody vs. Police Custody
- Judicial custody means an accused is in jail under the magistrate's authority; police custody means the accused is in a police lockup.
- During judicial custody, police need court permission to interrogate the suspect; during police custody, police can interrogate at any time.
Impeachment of Judges
- The motion to impeach a Supreme Court judge can be rejected by the Speaker of the Lok Sabha, based on the Judges Inquiry Act.
- The Constitution of India does not define incapacity and proved misbehavior of judges; this is defined in the Judges Inquiry Act of 1968.
- A committee consisting of the Chief Justice of India (or a nominee), a High Court Chief Justice, and a distinguished jurist is set up to investigate allegations.
- The Judges Inquiry Act details the process of impeachment.
- A motion for impeachment requires backing by each House of Parliament with a majority of the total membership of the House and no less than 2/3 of the members present and voting.
- If the committee finds charges are not proven, Parliament cannot remove the judge.
- Parliament may still not proceed even if the committee says the charges have been proven because it requires parliamentary approval and a tough special majority.
Constitutional Amendments and Judicial Review
- The 44th Amendment was primarily introduced to undo the damage caused by the 42nd Amendment.
- The election of the Prime Minister was removed from judicial review by the 42nd Amendment or even before that.
- The Supreme Court struck down the 99th Amendment, which led to the creation of the National Judicial Appointments Commission (NJAC).
- The Supreme Court deemed the NJAC unconstitutional because it violated the independence of the Judiciary and the Primacy of the Chief Justice of India, part of the basic structure.
- Primacy of the Chief Justice of India refers to a virtual veto on judicial appointments; the NJAC did not give such a veto to the Chief Justice.
Article 142 and Plenary Power of the Supreme Court
- Article 142 gives power to the Supreme Court to give any order so as to give complete Justice.
- The Supreme Court is unrestricted by the executive branch.
- The Supreme Court is not constrained in the exercise of its powers by the laws passed by Parliament giving it plenary power.
Judicial Review
- Judicial review is the power of the Judiciary to pronounce upon the constitutionality of laws and executive orders.
- Judicial review is not only about laws passed by the legislature; it is also about the rules issued by the executive.
- The courts can get into the intention of the legislature behind enacting those laws.
Custodian of the Constitution
- According to the UPSC answer key, the Supreme Court of India is the custodian of the Constitution of India.
Number of Judges in the Supreme Court
- The power to increase the number of judges in the Supreme Court is vested in Parliament as per Article 124.
- Parliament can pass an ordinary law through simple majority to increase the number of judges.
Original Jurisdiction of the Supreme Court
- The power to increase the number of judges in the Supreme Court is vested in Parliament.
- Federal disputes between the Center and the state or between states come under the original and exclusive jurisdiction of the Supreme Court.
- Original jurisdiction allows a case to be filed directly in the Supreme Court, not through an appeal.
- Exclusive jurisdiction means that only the Supreme Court has the power to hear and determine the case.
- The Supreme Court has original, but not exclusive, jurisdiction over fundamental rights violation cases.
Writ of Prohibition
- A writ of prohibition is issued by a superior court (Supreme Court or High Court) to lower courts.
- It is issued to stop a lower court from continuing proceedings in a particular case.
Autonomy of the Supreme Court
- To safeguard the autonomy of the Supreme Court, its judges are appointed by the president after consulting the Chief Justice of India.
- The judges remain in office till a well-defined tenure and do not hold office at the pleasure of the president.
- The Supreme Court has the power to punish for its contempt.
- Salaries of the judges are charged on the Consolidated Fund of India, insulated from the legislature's vote.
- The appointment of officers and staff of the Supreme Court are made by the Chief Justice of India, not by the government.
Fifth Schedule and Sixth Schedule of the Constitution
- The Fifth Schedule protects the economic interests, such as sale of tribal land to non-tribals, in States other than Assam, Meghalaya, Mizoram, and Tripura.
- The Sixth Schedule protects not only the economic interests but also social customs and culture of the areas in Assam, Meghalaya, Mizoram, and Tripura.
- A consequence of a Fifth Schedule is preventing the transfer of land of tribal people to non-tribals.
- The provisions in the Fifth and Sixth Schedules in the Constitution of India are made to protect the interests of the Scheduled Tribes.
Administration of Scheduled Areas
- Within a state, the notification of an area as a scheduled area takes place through an order of the president.
- The governor has the responsibility to administer that scheduled area.
- The largest administrative unit under the scheduled area is the district, and the lowest unit is the cluster of villages in the block.
- The governor has responsibility to submit an annual report to the president over the scheduled area.
Anti-Defection Law
- The law specifies that a nominated legislator can join a political party within 6 months of being appointed to the House; they cannot join after 6 months.
- The law does not provide any time frame within which the presiding officer has to decide on a disqualification petition.
- The 10th Schedule, added by the 52nd Constitutional Amendment Act 1985, contains provisions regarding the anti-defection rules.
Local Self-Government
- Local self-government, like panchayats and municipalities, is best explained as an exercise in democratic decentralization.
- It is also considered an aspect of direct democracy as it involves intensely participatory democracy at the grassroots level.
Panchayats
- The minimum age prescribed for any person to be a member of a panchayat is 21 years.
- A panchayat reconstituted after premature dissolution continues only for the remainder of the period.
Northeastern Council
- The Northeastern Council was established by the Northeastern Council Act of 1971.
- The members include the governor and chief minister of constituent states and three members nominated by the president.
Gram Nyayalayas Act
- Gram Nyayalayas are statutory courts created in 2009 to give Justice at the doorstep through mobile courts.
- Gram Nyayalayas can hear both civil as well as criminal cases.
- The Act allows local social activists as mediators or conciliators.
PESA Act
- The PESA Act (Panchayat Extension to Scheduled Areas Act) extends panchayat provisions to Scheduled Areas under Schedule Five of the Constitution.
- It does not aim to create autonomous regions in tribal areas.
- It's objectives includes to provide them self-governance to protected areas.
- It's objective includes to recognize their rights over minor forest areas.
- It's objective is to free tribal people from exploitation, such as land transfer to non-tribal people.
73rd and 74th Constitutional Amendments
- The 73rd Amendment provides for the establishment of a State Election Commission to conduct elections to panchayats.
- The 73rd Amendment provides for the establishment of a State Finance Commission.
- The 73rd Amendment provides for the establishment of District Planning Committee.
Right to Vote and be Elected
- The right to vote and be elected in India is a constitutional right, provided under Article 326.
Lok Sabha and State Assembly Elections
- In the election for the Lok Sabha or State Assembly, the winning candidate must get the highest number of votes, not necessarily the outright majority.
- According to provisions laid down in the constitution of India, the speaker's post goes to the majority party this is incorrect.
Contesting Elections
- In India, there is a law restricting the candidates from contesting in one Lok Sabha election from more than two constituencies.
President's Rule Under Article 356
- If the president of India exercises powers under Article 356 related to President's Rule in a state, the Assembly of that state is not automatically dissolved; it is kept under suspended animation.
- Article 19 is not suspended; fundamental rights are unaffected.
- The president cannot make laws for that state.
- The powers of the legislature of that state shall be exercisable by or under the authority of the parliament.
Non-Constitutional Bodies
- The following do not find mention in the Constitution: the National Development Council, the Planning Commission, and a Zonal Council.
Delimitation Commission
- The orders of the Delimitation Commission cannot be challenged in any court of law.
- When the orders of the delimitation commission are laid before the loksabha or State Legislative Assembly, they cannot affect any modifications on these rules.
- Four Delimitation Commissions have been constituted by the government of India till December 2023.
Scheduled Tribes
- The president recognizes and declares any community of that state as a scheduled tribe but not the governor . A president does that on the basis of the law passed by the parliament.
- A community declared as a Scheduled Tribe in one state need not be so in another state.
Constitutional Amendments
- According to article 368 parliament may amend any provision of the constitution by way of adding , varying, or repealing something.
Eligibility of a Minister
- According to constitution of India a person who is eligible to vote and can be made a minister in a state for 6 months even if he is not a member of the state legislature- this is incorrect since a person is only eligible at 18 , whereas you must 25 to be able to be the house.
- As stated in the representation of people act a person convicted of a criminal offense and senten to imprisonment for 5 years is permanently disqualified from contesting an election even after his release from prison- no that is incorrect, since there are different clause for why people are disqualified. But one of them includes that they will be barred for 6 years.
Parliamentary Democracy Model
- Parliament is Sovereign as is the example that I almost always give in the word of in the words of ding British Parliament is Sovereign because it can do anything except convert a man into a woman or a woman into a man because there is no limitation on the powers of the parliament there are no fundamental rights binding on the parliament in Britain Britain British Parliament can do everything because it is Sovereign
- As regards legislation the British Parliament to supreme or Sovereign but in India the power of parliament is to legislate is limited limited by fundamental rights limited by the basic structure Doctrine
- In India matters related to constitutionality of an amendment of an act of the parliament are referred to Constitution bench by the Supreme Court Constitution benches five judges or more
Election to LokSabha
- For election to loksabha and nomination paper can be filed by any citizen of India whose name appears in the Electoral role of a constituency that person is eligible to contest so C is the right answer
Bharat Ratna and Padma Awards
- Bhat ratna and Padma wats are titles under the meaning of article 18- this is incorrect
- Padma Awards which were instituted in the year 1954 were suspended only once- no, it has happened twice The number of awards is restricted to a maximum of five in a particular year all the statements are not correct although now since it is part of the rule and rules can be changed at any point by the executive that is why last year bat ratna was awarded to five individuals
Cabinet Secretariat Function
- The functions of the cabinet include - - preparation of agenda for cabinet meetings - giving secretarial assistance to Cabinet committees
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