Polity Prelims 2022 PDF

All Inclusive Static Crash Course Prelims 2022 Class-1 : Polity MAKING OF THE CONSTITUTION. GoI Act 1935 & IIA 1947 Article 395...

All Inclusive Static Crash Course Prelims 2022 Class-1 : Polity MAKING OF THE CONSTITUTION. GoI Act 1935 & IIA 1947 Article 395 repealed Original Constitution had: Preamble, 395 articles in 22 parts, 08 schedules Now: Preamble, 470 articles in 25 parts, 12 schedules ❖ 26-11-1949: Constitution adopted & enacted; few articles came into force ❖ 26-01-1950: Commencement of Constitution (as given in article 394) X Constitution came into force/effect on 26 November 1949 ✓ Constitution came into force/effect on 26 January 1950 Prelims 2005: Consider the following statements: 1. The Constitution of India has 20 parts 2. There are 390 articles in the Constitution of India in all Important facts about CA: 3. Ninth, Tenth, Eleventh and Twelfth schedules were added to the ❑ Elephant: seal (symbol) Constitution of India by the Constitution (Amendments) Acts ❑ Gandhi: not its member Which of the statements given above is/are correct? ❑ BN Rau: Advisor (a) 1 and 2 (b) 2 only (c) 3 only (d) 1, 2 and 3 ❑ HVR Iyengar: Secretary Constituent Assembly: ❑ Total membership was to be 389 ▪ Provinces 292, Chief Comm. Provinces 4, Princely states 93 (but did not nominate) ❑ It was a multi-party indirectly elected body, not based on adult franchise ▪ Members were elected by provincial assemblies by proportional representation. ▪ Elections to 296 seats done in July-August 1946; INC 208, ML 73 ❑ It was constituted in November 1946 ▪ under scheme formulated by Wavell plan Cabinet Mission Plan ❑ Fully sovereign body: ▪ could frame any Constitution, could alter any law made by British Parliament for India ❑ It acted as the first Parliament of independent India (enacted ordinary laws) ▪ Dr. Rajendra Prasad chaired sittings of the House when it met as Constituent Assembly ▪ GV Mavalankar presided over as Speaker when the House met as Legislature Prelims 1993: Prelims 2002: Which of the following statements regarding the Members of Constituent Assembly were Constituent Assembly are true? a) nominated by the British Parliament 1. It was not based on adult franchise b) nominated by the Governor General 2. It resulted from direct elections 3. It was a multi-party body c) elected by the Legislative Assemblies 4. It worked through several committees of various provinces Select the correct answer from the codes given below: d) elected by the Indian National (a) 1, 2 (b) 2 , 3 (c) 1, 3, 4 (d) 1, 2 , 3, 4 Congress and Muslim League CA also performed following functions: Changes to CA by Indian ❑ 1947 July 22: adopted national flag (before independence) Independence Act 1947 ❑ 1949 May: ratified membership to ✓Commonwealth X UN (an Act of British Parliament) ❑ 1950 January 24: 1) Became fully sovereign body → adopted the national anthem 2) Strength reduced to 299 → adopted the national song 3) CA also became Legislative → elected Dr. Rajendra Prasad as first President of India body (Parliament) I read I forget, I see I remember See explanation of this PDF on www.youtube.com/c/allinclusiveias Prelims 2022 Static Crash Course Class-1 : Polity Page-01 © All Inclusive IAS  8 major Committees Chairman Drafting Committee B R Ambedkar States Committee (to negotiate with states) J L Nehru Union Powers Committee J L Nehru Union Constitution Committee J L Nehru Provincial Constitution Committee Sardar Patel Advisory Committee on FRs, Minorities, Tribal, Excluded areas Sardar Patel Rules of Procedure Committee Rajendra Prasad Steering Committee Rajendra Prasad Drafting committee of Constituent Assembly: Prelims 1996: 1) B.R. Ambedkar (Chairman) B.R. Ambedkar was elected to CA from: 2) Alladi Krishnaswamy Ayyar a) West Bengal (initially) 3) T.T. Krishnamachari (He replaced DP Khaitan) b) Bombay Presidency (later) 4) N. Gopalaswamy Ayyangar c) then Madhya Bharat 5) N. Madhava Rau (He replaced BL Mitter) d) Punjab 6) K.M. Munshi https://rajyasabha.nic.in/rsnew/constituent_asse 7) Syed Mohammad Saadullah mbly/constituent_assembly_mem.asp Objectives Resolution: ✓ Moved by Nehru on 13-12-1946; adopted by Assembly on 22-01-1947 (before independence) ✓ Its modified version forms the Preamble Some features: ✓ People as source of power; Republic, Justice, Liberty, Equality ✓ Union of States; Residuary power to states; Safeguards for tribals, minorities, backward classes ✓ Promote world peace and welfare of mankind SALIENT FEATURES OF THE CONSTITUTION. Secularism: Lengthiest Written Constitution because: ✓ Western (negative) concept: complete ✓ 1935 act was bulky separation between religion and State. ✓ India's vast size and diversity ✓ Indian (positive) concept: equal respect to ✓ Single Constitution for Centre and States all religions or protect all religions equally. ✓ Dominance of legal luminaries in CA India is a secular country: ✓ Administrative details also included, which ✓ India does not have any official religion in other countries are left to legislature ✓ Officially, India is "Republic of India", Pakistan is "Islamic Republic of Pakistan" Prelims 1986: Prelims 1981: Constitution does not recognise the caste What does secularism mean? system because a) State patronising all religions a) India is secular b) State having its own religion b) It leads to inequality which is against c) State having no official religion and citizens are the Constitution free to follow any religion or faith c) It leads to untouchability d) State having one official religion and showing d) All of the above respect to all other religions Universal Adult Franchise: Prelims 2017: ✓ Article 326: adult suffrage for Right to vote and to be elected in India is a: elections to LS and SLA, age 21 (a) Fundamental right (b) Natural right ✓ 61st amendment 1988: age (c) Constitutional right (d) Legal right reduced to 18 Source: Article 326, UPSC answer key, NCERT class-9,11 I read I forget, I see I remember See explanation of this PDF on www.youtube.com/c/allinclusiveias Prelims 2022 Static Crash Course Class-1 : Polity Page-02 © All Inclusive IAS  Source Features Borrowed Federal Scheme, Governor, Important: GoI Act Judiciary, Public Service Commissions, FR → USA 1935 Emergency provisions FD → USSR Administrative details DPSP → Ireland Parliamentary system, Bicameralism, Nomination to RS → Ireland Legislative procedure, Rule of Law, Emergency → 1935, Germany Britain Parliamentary privileges, Cabinet system Federation → 1935, Canada Single citizenship, Writs Parliamentary system → UK Fundamental Rights Single citizenship → UK Judicial review, Independence of judiciary USA Removal of SC and HC judges Concurrent list → Australia Impeachment of President Post of vice President DPSP, Nomination to Rajya Sabha Ireland Method of election of President Strong Centre, France Residuary powers with Centre USSR Canada Appointment of Governors by Centre Advisory jurisdiction of SC Concurrent List, Joint sitting Australia Freedom of trade & commerce France Weimar Suspension of FRs during Emergency Constitution of Germany USSR FDs, Ideals of justice in Preamble France Republic, Liberty Equality Fraternity Procedure for amending Constitution South Africa Election to Rajya Sabha Japan Procedure established by Law Schedule Subject matter 1st Name and territory of States and UTs Emoluments/allowances/privileges of: (think of three organs and CAG) ▪ President, Governors 2nd ▪ Speaker, Dy. Speaker, Chairman, Dy. Chairman of LS/RS/SLA/SLC ▪ Judges of SC and HCs ▪ CAG Oath for: (think of three organs and CAG) ▪ Union/State Ministers 3rd ▪ MP/MLA/MLC; Candidates for election to LS/RS/SLA/SLC ▪ Judges of SC and HCs ▪ CAG 4 th Allocation of Rajya Sabha seats to States/UTs 5th Administration and control of Scheduled Areas and Schedules Tribes 6 th Administration of Tribal areas in Assam, Tripura, Meghalaya, Mizoram (ATM-Machine) 7th Union List 100 (97), State List 61 (66), Concurrent List 52 (47) 8 th Languages recognized by Constitution 22 (14) 9th Added by 1st Amendment 1951 to protect laws from judicial review 10 th Added by 52nd Amendment 1985, Anti-defection law 11th Added by 73rd Amendment 1992, Panchayat’s power & responsibility 12 th Added by 74th Amendment 1992, Municipality's power & responsibility I read I forget, I see I remember See explanation of this PDF on www.youtube.com/c/allinclusiveias Prelims 2022 Static Crash Course Class-1 : Polity Page-03 © All Inclusive IAS  Prelims 2001: Prelims 2004: If a new State of the Indian Union is to Which one of the following statements correctly be created, which one of the describes Fourth Schedule of the Constitution? following Schedules of the a) It contains scheme of distribution of powers Constitution must be amended? between Union and States a) First b) It contains languages listed in the Constitution b) Second c) It contains provisions regarding administration of c) Third tribal areas d) Fifth d) It allocates seats in Council of States Prelims 2015: Prelims 2019: The provisions in the Fifth Schedule and Sixth Under which schedule of the Constitution of Schedule in Constitution are made in order to India can the transfer of tribal land to private a) protect the interests of Scheduled Tribes parties for mining be declared null and void? b) determine the boundaries between states a) Third Schedule c) determine the powers, authorities, and b) Fifth Schedule responsibilities of Panchayats c) Ninth Schedule d) protect the interests of all border States d) Twelfth Schedule Prelims 2019: Prelims 2014: Ninth Schedule was introduced in the Which one of the following Schedules of the Constitution of India during the prime Constitution of India contains provisions membership of regarding anti-defection? a) Jawaharlal Nehru a) Second Schedule b) Lal Bahadur Shastri b) Fifth Schedule c) Indira Gandhi c) Eighth Schedule d) Morarji Desai d) Tenth Schedule PREAMBLE OF THE CONSTITUTION. ✓ Introduction/preface to constitution ✓ Soul of Constitution; Jewel set in the Constitution; Identity card of the Constitution ✓ Based on ‘Objectives Resolution’ moved by Nehru on 13-12-1946 and adopted by CA on 22-01-1947 ✓ US Constitution was the first to begin with a preamble Preamble reveals: ❑ Source of authority of Constitution: people of India ❑ Nature of Indian State: sovereign socialist secular democratic republic ❑ Objective of Constitution: justice, liberty, equality, fraternity ❑ Date of adoption & enaction of Constitution: 26-11-1949 I read I forget, I see I remember See explanation of this PDF on www.youtube.com/c/allinclusiveias Prelims 2022 Static Crash Course Class-1 : Polity Page-04 © All Inclusive IAS  Prelims 2021: What was the exact constitutional status of India on 26 th January, 1950? a) A democratic Republic b) A Sovereign Democratic Republic c) A Sovereign Secular Democratic Republic d) A Sovereign Socialist Secular Democratic Republic Prelims 2013: ‘Economic Justice’ as one of the objectives of the Indian Constitution has been provided in a) the Preamble and the Fundamental Rights b) the Preamble and the Directive Principles of State Policy c) the Fundamental Rights and the Directive Principles of State Policy d) None of the above Prelims 2017: Prelims 2017: Which of the following objectives is not embodied The mind of the makers of the Constitution of in Preamble to the Constitution of India? India is reflected in which of the following? a) Liberty of thought a) The Preamble b) Economic liberty b) The Fundamental Rights c) Liberty of expression c) The Directive Principles of State Policy d) Liberty of belief d) The Fundamental Duties ✓ Preamble was enacted after rest of the Constitution (so that its in conformity with Constitution) ✓ Motion to make Preamble part of Constitution was passed by Constituent Assembly ✓ Preamble is non-justiciable, i.e. its provisions are not enforceable in courts of law. ✓ Preamble is neither a source of power to legislature nor a prohibition upon powers of legislature. ✓ Preamble can be amended (ruled by SC in Kesavanand Bharti case 1973) ✓ 42nd amendment 1976 added the words - Socialist, Secular, and integrity Part of Use to interpret Constitution? Constitution? 1960 Berubari Union case No Yes, in case of ambiguity 1973 Kesavanand Bharti case Yes Yes Same in all following cases Prelims 2020: The Preamble to the Constitution of India is a) a part of the Constitution but has no legal effect b) not a part of the Constitution and has no legal effect either c) a part of the Constitution and has the same legal effect as any other part d) a part of the Constitution but has no legal effect independently of other parts I read I forget, I see I remember See explanation of this PDF on www.youtube.com/c/allinclusiveias Prelims 2022 Static Crash Course Class-1 : Polity Page-05 © All Inclusive IAS  UNION AND ITS TERRITORY. ❑ Article 1: India, that is Bharat, shall be a Union of States Territory of India = State + UT + any future acquisitions ❑ Article 2: Parliament can add new states ❑ Article 3: Parliament can change boundary/name of existing states ❑ Article 4: Laws made under articles 2&3 (to amend Schedules 1&4) are not constitutional amendments under article 368 Note: ❑ ‘Union of States’ instead of ‘Federation of States’ because: ✓ India is not result of an agreement among the states (e.g. USA) ✓ States have no right to secede from the federation ✓ India is divided into states only for administrative convenience ❑ Article 2 is for adding new territory e.g. Goa, Sikkim, Puducherry, D&D, D&N Haveli ❑ Article 3 is for existing territory e.g. Telangana, Uttarakhand, Jharkhand, Chhattisgarh Bill under article 3: Bill under article 3 needs: ✓ President must refer the Bill to State legislature ✓ Simple majority in both LS & RS (no need if UT) X Special majority in both LS & RS ✓ Irrespective of response, Prez recommends Bill to X Special majority in both LS & RS be introduced in Parliament and ratification by half of the States To settle border dispute: To cede Indian territory: ✓ Executive action is sufficient ✓ Executive action is insufficient ✓ Constitutional amendment not needed ✓ Amendment u/a 368 is necessary Destructible States: ✓ India is described as ‘an indestructible union of destructible states’ (-Ambedkar) ✓ USA is described as ‘an indestructible union of indestructible states’ Reason: Indian Parliament can redraw political map of India without States consent. Remember: Territorial integrity or continued existence of any state is not guaranteed by Indian Constitution. ‘Territory of India’ is a wider expression than ‘Union of India’ ▪ Union of India includes only states ▪ Territory of India includes states, Union Territories and future acquisitions State reorganization 1951 1961 1971 1981 1991 2001 2011 Himachal 1952 1962 1972 1982 1992 2002 2012 Mani, Megha, Tripura 1953 1963 1973 1983 1993 2003 2013 Andhra Nagaland 1954 1964 1974 1984 1994 2004 2014 Telangana 1955 1965 1975 1985 1995 2005 2015 Sikkim 1956 1966 1976 1986 1996 2006 2016 Haryana 1957 1967 1977 1987 1997 2007 2017 Arunachal, Goa, Mizo 1958 1968 1978 1988 1998 2008 2018 1959 1969 1979 1989 1999 2009 2019 1960 1970 1980 1990 2000 2010 2020 Gujarat, Maharashtra Uttara, Chhat, Jhark I read I forget, I see I remember See explanation of this PDF on www.youtube.com/c/allinclusiveias Prelims 2022 Static Crash Course Class-1 : Polity Page-06 © All Inclusive IAS  Prelims 2007: 29 Indian states on 26th January 1950: Which of the following is correct chronological ▪ Part-A (09): Governor’s provinces order of formation as full States of Indian Union? ▪ Part-B (09): Princely states with legislatures (a) Sikkim-Arunachal Haryana ▪ Part-C (10): Chief Commissioners Provinces (b) Nagaland-Haryana-Sikkim-Arunachal Pradesh and some princely states (c) Sikkim-Haryana-Nagaland-Arunachal Pradesh ▪ Part-D (01): Andaman & Nicobar islands (d) Nagaland-Arunachal Haryana 1948 Dhar Commission by Govt; JVP committee by Congress X Linguistic basis; (Linguistic Provinces Commission) ✓ Administrative convenience 1953 First linguistic state Andhra created Report in 1955; States Reorganisation (Fazal Ali) Commission Accepted linguistic basis 1956 States Reorganisation Act 1956 14 states and 6 UTs created 7th Constitution Amendment Act 1956 1960 Bombay Reorganisation Act, 1960 Bombay divided into Maharashtra and Gujarat 1966 Punjab Reorganisation Act, 1966 Punjab divided to create Shah Commission Haryana and Chandigarh CITIZENSHIP. Part-II Articles 5 to 11 deals with citizenship: Constitution: Article 5 : Citizens at commencement of Constitution ✓ It identifies citizens as on 26-01-1950 Article 11 : Parliament to regulate right of citizenship ✓ It does not deal with acquisition or loss of (Hence came Citizenship Act, 1955) citizenship subsequent to commencement Constitution denies following Fundamental Rights to aliens: ❑ Article 15 - Right against discrimination on grounds of religion, race, caste, sex or place of birth. ❑ Article 16 - Right to equality of opportunity in the matter of public employment. ❑ Article 19 - Right to freedom of speech and expression, assembly, association, movement, residence and profession. ❑ Articles 29 & 30 - Cultural and educational rights. Do aliens enjoy Right to Privacy? Yes, as its part of Article 21 Do aliens enjoy Right to assemble peacefully? No, its part of Article 19 Prelims 1984: Prelims 1999: A good citizen is one who is British citizen staying in India cannot claim Right to a) Conscious of social obligations a) Freedom of trade and profession b) Not bothered about anything b) Equality before the Law c) Educated c) Protection of life and personal liberty d) Rich in cultural heritage d) Freedom of religion Acquisition of citizenship: Loss of citizenship: 1) by birth 1) by Renunciation : giving up Indian citizenship. Minor children 2) by descent also lose citizenship, but can resume it on becoming major. 3) by registration (take oath) 2) by Termination : on acquiring citizenship of another country, 4) by naturalization (take oath) Indian citizenship automatically terminates 5) by incorporation of territory 3) by Deprivation : Central govt. terminating citizenship. e.g. Note: illegal migrant can not disloyalty to Constitution; out of India for 7 years continuously; acquire Indian citizenship unlawfully communicated with enemy during war I read I forget, I see I remember See explanation of this PDF on www.youtube.com/c/allinclusiveias Prelims 2022 Static Crash Course Class-1 : Polity Page-07 © All Inclusive IAS  Citizenship by birth: X A child born in India automatically becomes Indian citizen X Children of foreign diplomats posted in India can get Indian citizenship by birth ✓ A child born today will get citizenship by birth if at least one parent is Indian, and another not an illegal migrant. Citizenship by registration: Citizenship by naturalisation: ✓ Person of Indian origin resided for 7 years in India ✓ Resided in India in last 12 months, and ✓ Spouse/child of Indian citizen before that in 11 out of 14 years And many more…. Conditions apply ✓ Knows one of the languages of 8th schedule Prelims 2005: Consider the following statements: 1. Article 371A to 371I were inserted in the Constitution of India to meet regional demands of Nagaland, Assam, Manipur, Andhra Pradesh, Sikkim, Mizoram, Arunachal Pradesh and Goa. 2. Constitution of India and USA can envisage dual polity (Union and States) but single citizenship. 3. A naturalized citizen of India can never be deprived of his citizenship. Which of the statements given above is/are correct? (a) 1, 2 and 3 (b) 1 and 3 (c) 3 only (d) 1 only Prelims 2021: With reference to India, consider the following statements : 1. There is only one citizenship and one domicile. 2. A citizen by birth only can become the Head of State. 3. A foreigner once granted citizenship cannot be deprived of it under any circumstances. Which of the statements given above is/are correct? (a) 1 only (b) 2 only (c) 1 and 3 (d) 2 and 3 Overseas Citizen of India: → Since 2005, by amending Citizenship Act, 1955 Eligibility: Was Indian citizen on 26th January 1950; or NRIs: They are Indians, so they don't need visa his/her (great/grand) children; and their spouse OCIs: They are NOT Indians, so they need visa Should not be citizen of Pakistan or Bangladesh Govt. has given them lifelong VISA. Rights of OCIs: Not citizen, so can’t vote, get govt job, etc. They have same FRs are other aliens. Same rights as NRIs in education, pursuing profession, adoption, fees at ASI monuments, etc. They are not at par to NRIs in case of acquisition of agricultural or plantation properties. Some restrictions like no Missionary, Tabligh, Journalism, Mountaineering. I read I forget, I see I remember See explanation of this PDF on www.youtube.com/c/allinclusiveias Prelims 2022 Static Crash Course Class-1 : Polity Page-08 © All Inclusive IAS  All Inclusive Static Crash Course Prelims 2022 Class-2 : Polity FUNDAMENTAL RIGHTS. Prelims 2002: Which of the following rights was described by Dr B R Ambedkar as heart & soul of the Constitution? a) Right to freedom of religion b) Right to property c) Right to equality d) Right to Constitutional remedies Articles 14-18: Right to equality Articles 19-22: Right to freedom Articles 23-24: Right against exploitation Articles 25-28: Right to freedom of religion Articles 29-30: Cultural and educational rights Article 32: Right to constitutional remedies Prelims 1995: Prelims 2020: Prelims 2021: Prohibition of discrimination on Which of the following categories A legislation which confers on grounds of religion, etc (Article 15 of Fundamental Rights incorporate executive or administrative of Constitution) is a Fundamental protection against untouchability authority an unguided and Right classifiable under as a form of discrimination? uncontrolled discretionary power in a) Right to Freedom of Religion a) Right against Exploitation matter of application of law violates b) Right against Exploitation b) Right to Freedom which of the following Articles? c) Cultural & Educational Rights c) Right to Constitutional Remedies (a) Article 14 (b) Article 28 d) Right to Equality d) Right to Equality (c) Article 32 (d) Article 44 Prelims 2021: Prelims 2017: ‘Right to Privacy’ is Which of the following are envisaged by Right against Exploitation? protected under which 1. Prohibition of traffic in human beings and forced labour Article of Constitution? 2. Abolition of untouchability (a) Article 15 3. Protection of the interests of minorities (b) Article 19 4. Prohibition of employment of children in factories and mines (c) Article 21 Select the correct answer using the code given below: (d) Article 29 (a) 1, 2, 4 only (b) 2, 3, 4 only (c) 1, 4 only (d) 1, 2, 3, 4 I read I forget, I see I remember See explanation of this PDF on www.youtube.com/c/allinclusiveias Prelims 2022 Static Crash Course Class-2 : Polity Page-09 © All Inclusive IAS Features of Fundamental Rights: ❑ All FRs are available against actions of State ▪ State is defined in Article 12 ▪ It includes Govt and all its agencies, even private companies working on behalf of govt ❑ Some FRs are also available against actions of private individuals ▪ 15(2), 17, 23, 24 ❑ FRs are not absolute but qualified ▪ State can impose restrictions. Courts can decide if its reasonable. ❑ They are not permanent or sacrosanct ▪ Parliament can amend or repeal FRs, but without affecting basic structure ❑ Negative and positive in character: ❑ Some are negative i.e. they impose restriction on State, e.g. 22 ❑ Some are positive i.e. they give privileges to people, e.g. 26 ❑ Supreme Court is defender and guarantor of fundamental rights ▪ Under Article 32, one can directly move SC ▪ To enforce FRs, jurisdiction of SC is original, but not exclusive. (concurrent to HC u/a 226) ❑ Article 13: laws inconsistent with FRs shall be void. ▪ Hence, it provides for judicial review. SC has this power u/a 13, and HCs have this power u/a 226 ❑ Their application to armed forces etc. can be restricted by Parliament (Article 33) ❑ Their application can be restricted during martial law (Article 34) ❑ Some are self-executory, some can be enforced by law ▪ Parliament, not states can make law to enforce FRs (Article 35) Prelims 2020: Consider the following statements: 1. The Constitution of India defines its structure in terms of federalism, secularism, fundamental rights and democracy. 2. The Constitution of India provides for 'Judicial review' to safeguard the citizens' liberties and to preserve the ideals on which the Constitution is based. Which of the statements given above is are correct? (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2 Prelims 1993: Prelims 2017: Which of the following comes under Which one of the following statements is correct? jurisdiction of both High Courts and SC? a) Rights are claims of the State against the citizens a) Disputes between Centre and States b) Rights are privileges which are incorporated in the b) Disputes between States Constitution of a State c) Protection of Fundamental Rights c) Rights are claims of the citizens against the State d) Protection against violation of d) Rights are privileges of few citizens against many Constitution Article 33: ✓ Parliament can restrict FRs of armed forces, police, intelligence agencies, etc. X State legislatures can restrict FRs of armed forces, police, intelligence agencies, etc. ✓ Army/Navy/AF/BSF Act etc impose restrictions on speech, association, etc. ✓ Applicable on all employees (officers, soldiers, cook, tailor, barber, etc) Martial Law (military rule) National Emergency Affects only FRs Also affects Centre-State relations, etc. Govt and ordinary law courts are suspended Not suspended I read I forget, I see I remember See explanation of this PDF on www.youtube.com/c/allinclusiveias Prelims 2022 Static Crash Course Class-2 : Polity Page-10 © All Inclusive IAS  X People have religious rights without any restrictions ✓ People have right to practice (worship/ritual/ceremony) religion ✓ People have right to propagate their religion X People have right to convert others to their religion X No religion instruction shall be provided in any educational institution administered by State ✓ No religion instruction shall be provided in any educational institution wholly maintained out of State funds Rights outside part-III: (aka constitutional rights or legal rights or non-fundamental rights) ❑ 265 → No tax except by authority of law ❑ 300-A → No person shall be deprived of his property save by authority of law ❑ 301 → Trade, commerce and intercourse throughout the territory of India shall be free Right to Property Type of right Compensation Adverse possession Fundamental right? No Compensation is necessary only if: ❖ If someone illegally occupied Constitutional right? Yes a. property was of minority your property for 12 years, and Legal right? Yes educational institution you did not take legal action, Original Constitution had 19(f) & 31: (Article 30) then you lose its ownership. ✓ Fundamental right, but: b. property was under personal ❖ But, govt. cannot use this - can be taken for public purpose cultivation (Article 31-A) method to take over your - compensation is compulsory (Article 31-A was added by 1st property. amendment 1951) 44th Const. Amend. Act 1978: ✓ Removed 19(f) & 31 ✓ Inserted 300-A Remember: ✓ Not a fundamental right ✓ 300-A: no person shall be deprived of his property save by authority of law ✓ Law can take away property ✓ 300-A protects property against executive action ✓ Compensation not necessary X 300-A protects property against legislative action X Prelims 2005: Prelims 2021: Consider the following statements: What is the position of the Right to 1. Article 301 pertains to Right to Property. Article 300-A Property in India? 2. Right to Property is a legal right but not a (a) Legal right available to citizens only Fundamental Right. (b) Legal right available to any person 3. Article 300-A was inserted in the Constitution of (c) Fundamental Right available to India by the Congress Government at the Centre by the 44th Constitutional Amendment. Janta Party citizens only Which of the statement given above is/are correct? (d) Neither Fundamental Right nor (a) 2 only (b) 2 and 3 (c) 1 and 3 (d) 1, 2 and 3 legal right I read I forget, I see I remember See explanation of this PDF on www.youtube.com/c/allinclusiveias Prelims 2022 Static Crash Course Class-2 : Polity Page-11 © All Inclusive IAS Rights and National Emergency: Articles 358 and 359 relate to? impact of National Emergency on FRs Article 358: 19 automatically suspended, only in case of external emergency (added by 44th Amendment) Article 359: President can suspend enforcement of any FRs, but not 20 & 21 (added by 44th Amendment) Note: President’s order u/a 359 must be approved by Parliament Read carefully: X When National emergency is proclaimed, Article 19 is automatically suspended. ✓ When National emergency is proclaimed, Article 19 is automatically suspended, only when it is due to war or external aggression, not armed rebellion. Writ SC vs HC: 1. SC can issue writ only for FR, but HC can issue writ for other legal right also. 2. SC can issue writ throughout India, HC can do so only in its jurisdiction. 3. SC can't refuse to exercise Writ jurisdiction (art 32), but HC can refuse (as 226 is not FR) Who can issue writs? ✓ SC (article 32) ✓ HC (article 226) ✓ any other court empowered by parliament (article 32). Habeas Corpus - (to have the body of) ✓ issued to a detaining authority, to produce the detained person in the court Mandamus - (we command) ✓ issued to a public official / lower court / govt to perform official duties that were not performed Prohibition - (to forbid) ✓ issued by a higher court to a lower court or tribunal, prohibiting it from taking up a case ✓ Reason: lack of jurisdiction, hence Higher court transfers case to itself ✓ Can be against only judicial or quasi-judicial authorities. Certiorari - (to be certified / to be informed) ✓ issued by a higher court to a lower court or tribunal, to transfer to itself or quash the order ✓ Reason: lack of jurisdiction, or error of law ✓ Can be also be against administrative authorities affecting rights of individuals (SC ruled in 1991) ✓ Unlike prohibition which is only preventive, it is both preventive and curative. Quo-Warranto - (by what authority or warrant) ✓ issued to enquire into the legality of the claim of a person to a substantive public office. ✓ Unlike other four writs, it can be sought by non-aggrieved person also. Prelims 1983: Prelims 1985: The greatest hallmark Mandamus means of personal liberty is a) A writ issued by a superior court command that a specified thing be done b) A legal term for prisoner’s right to appear in person and be tried in court a) Mandamus c) A written public declaration of the intentions, opinions or motives of a b) Certiorari sovereign or of a leader, party or body c) Quo Warranto d) The principle of hybridisation, discovered by Gregor Mendel which led to d) Habeas Corpus the improved breeds of plant and animal life Prelims 1996: When the Chief Justice of a High Court acts in an administrative capacity, he is subject to a) the writ jurisdiction of any of the other judges of the High Court b) special control exercised by the Chief Justice of India c) discretionary powers of the Governor of the state d) special powers provided to the Chief Minister in this regard I read I forget, I see I remember See explanation of this PDF on www.youtube.com/c/allinclusiveias Prelims 2022 Static Crash Course Class-2 : Polity Page-12 © All Inclusive IAS  FUNDAMENTAL DUTIES. It shall be the duty of every citizen of India: 1) To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem; 2) To cherish and follow the noble ideals which inspired our national struggle for freedom; 3) To uphold and protect the sovereignty, unity and integrity of India; 4) To defend the country and render national service when called upon to do so; 5) To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women; 6) To value and preserve the rich heritage of our composite culture; 7) To protect and improve the natural environment including forests, lakes, rivers, wildlife and to have compassion for living creatures; 8) To develop the scientific temper, humanism and the spirit of inquiry and reform; 9) To safeguard public property and to abjure violence; 10) To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement; 11) Who is a parent or guardian, to provide opportunities for education to his child, or as the case may be, ward between the age of six to fourteen years. Fundamental duty #11 was added by 86 th constitution amendments in 2002 FR: 21A: State to provide free & compulsory education to all children of 6-14 age 86th Amendment FD: 51A: To provide education to children of 6-14 years age 2002 DPSP: 45: Care & education to all children till 6 years of age Prelims 2012: Which of the following are among Fundamental Duties of citizens laid down in Constitution? 1. To preserve the rich heritage of our composite culture 2. To protect the weaker sections from social injustice 3. To develop the scientific temper and spirit of inquiry 4. To strive towards excellence in all spheres of individual and collective activity. Select the correct answer using the codes given below: (a) 1 and 2 only (b) 2 only (c) 1, 3 and 4 only (d) 1, 2, 3 and 4 Prelims 2017: Prelims 2015: Which of the following statements are true of the To uphold and protect sovereignty, Fundamental Duties of Indian citizen? unity and integrity of India is a 1. A legislative process has been provided to enforce provision made in the these duties. (a) Preamble of the Constitution 2. They are correlative to legal duties. (b) Directive Principles of State Policy Select the correct answer: (c) Fundamental Rights (a) 1 only (b) 2 only (c) Both 1&2 (d) Neither 1 nor 2 (d) Fundamental Duties ✓ FDs are non-justiciable (Justiciable: One can move court against their violation) ✓ FDs are enforceable by law (Parliament can make law to enforce them) ✓ Our Constitution says nothing about their enforcement. ✓ FDs help courts in examining constitutional validity of law. ✓ FDs apply only to citizens, not foreigners. ✓ FDs were introduced by Indira Gandhi govt on recommendation of Swaran Singh Committee ✓ FDs are inspired by USSR constitution. X Enjoyment of FRs is dependent on fulfilment of FDs I read I forget, I see I remember See explanation of this PDF on www.youtube.com/c/allinclusiveias Prelims 2022 Static Crash Course Class-2 : Polity Page-13 © All Inclusive IAS  DIRECTIVE PRINCIPLES OF STATE POLICY. ❑ Constitution divides rights into justiciable and non-justiciable (as advised by Sir B N Rau) ❑ Source: Instrument of Instruction of 1935 GoI Act and Irish Constitution ❑ Article 37: DPSP are fundamental to governance and it shall be the duty of the state to apply them in making laws. ❑ 1971 25th Amendment: ▪ No law for DPSP article 39 b&c shall be void for violating FR of articles 14, 19, 31 ❑ 1976 42nd Amendment: ▪ extended scope of 25th Amendment to all DPSP ❑ 1980 Minerva Mills case: ▪ extension given by 42nd amendment held unconstitutional by SC. ▪ SC also said that absolute primacy of one over other will disturb harmony of Constitution ❑ Present position is that FR enjoy supremacy over the DPSP. Parliament can amend the FR for implementing DPSP (without damaging basic structure of Constitution) Article 39: (b) community resources be distributed to serve common good (c) prevent concentration of wealth and means of production to the common detriment Prelims 2017: Prelims 2020: Consider the following statements: With With reference to the provisions contained in Part IV reference to the Constitution of India, the of the constitution of India, which of the following Directive Principles of State Policy statements is/ are correct? constitute limitations upon 1. They shall be enforceable by courts 1. Legislative function 2. They shall not be enforceable by any court 2. Executive function 3. The principles laid down in this part are to Which of the above statements are correct? influence the making of laws by the state (a) 1 only (b) 2 only Select the correct answer using the code given below (c) Both 1and 2 (d) Neither 1 nor 2 (a) 1 only (b) 2 only (c) 1 & 3 only (d) 2 & 3 only Prelims 2015: Consider the following statements regarding Directive Principles of State Policy: 1. The Principles spell out the socio-economic democracy in the country. 2. The provisions contained in these Principles are not enforceable by any court. Which of the statements given above is/ are correct? (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2 Prelims 2015: Prelims 2002: The ideal of Welfare State in the Indian The purpose of the inclusion of DPSP in Constitution is enshrined in its Indian Constitution is to establish: a) Preamble a) political democracy b) Directive Principles of State Policy b) social democracy c) Fundamental Rights c) Gandhian democracy d) Seventh Schedule d) social and economic democracy Prelims 2013: Prelims 2021: According to the Constitution, which of the following Under the Indian Constitution, are fundamental for governance of the country? concentration of wealth violates (a) Fundamental Rights (a) the Right to Equality (b) Fundamental Duties (b) Directive Principles of State Policy (c) Directive Principles of State Policy (c) the Right to Freedom (d) Fundamental Rights and Fundamental Duties (d) the Concept of Welfare I read I forget, I see I remember See explanation of this PDF on www.youtube.com/c/allinclusiveias Prelims 2022 Static Crash Course Class-2 : Polity Page-14 © All Inclusive IAS 42nd Amendment 1976: Secure opportunities for healthy development of children (Article 39) Promote equal justice and provide free legal aid to the poor (Article 39 A) Secure participation of workers in management of industries (Article 43 A) Protect and improve environment to safeguard forests and wild life (Article 48 A) 44th Amendment 1978: Minimise inequalities in income, status, facilities, opportunities (Article 38) 86th Amendment 2002 provide early childhood care and education for all children until six years of age (Article 45) 97th Amendment 2011 Promote co-operative societies (Article 43B) Prelims 1989: Prelims 2017: 42nd Amendment to Constitution Which principle was added to DPSP by 42nd Amendment is notable because it gives a) Equal pay for equal work for both men and women a) Primacy to FRs over DPSPs b) Participation of workers in management of industries b) Primacy to DPSP over FRs c) Right to work, education and public assistance c) Special treatment to J&K d) Securing living wage and human conditions of work to d) Special treatment to Sikkim workers X Constitution classifies DPSPs into categories: Gandhian principles: Socialistic, Gandhian, Liberal-intellectual ▪ Empower village panchayats ▪ Promote cottage industries Socialistic principles: ▪ Promote cooperate societies (Art 43B) ▪ Promote welfare; Secure justice (social, ▪ Promote education & economic interest of economic, political); Minimise inequalities in SC/ST/weaker sections (Art 46) income, status, etc. ▪ Prohibit intoxicating drinks and drugs ▪ Livelihood for all; equal distribution of ▪ Prohibit slaughter of cows (Art 48) resources; equal pay for equal work ▪ Free legal aid to poor (Art 39A) Liberal-Intellectual Principles ▪ Right to work & education; assistance for ▪ Secure Uniform Civil Code (Art 44) unemployed, old age, sick, disabled ▪ Care/education for children till 6 years of age (Art 45) ▪ Humane conditions of work; Maternity relief ▪ Agri and animal husbandry on scientific lines ▪ Living wage for workers ▪ Protect environment (Art 48A) ▪ Participation of workers in industries (Art 43A) ▪ Protect monuments ▪ Better nutrition, standard of living, public ▪ Separate judiciary from executive (Art 50) health ▪ International peace, security, arbitration (Art 51) Prelims 2012: Consider the following provisions under the DPSP as enshrined in the Constitution of India: 1. Securing for citizens of India a uniform civil code 2. Organizing village Panchayats 3. Promoting cottage industries in rural areas 4. Securing for all the workers reasonable leisure and cultural opportunities. Which of the above are the Gandhian Principles that are reflected in the DPSP? (a) 1, 2 and 4 only (b) 2 and 3 only (c) 1, 3 and 4 only (d) 1, 2, 3 and 4 Prelims 2008: Prelims 2002: Which of the following is/are included in DPSP? Which of the following 1. Prohibition of traffic in human beings and forced labour Articles of DPSP deals 2. Prohibition of Consumption except for medicinal purposes of with promotion of international peace and intoxicating drinks and other drugs which are injurious to health security? Select the correct answer using the code given below: (a) 51 (b) 48 A (a) 1 Only (b) 2 Only (c) Both 1&2 (d) Neither 1 nor 2 (c) 43 A (d) 41 I read I forget, I see I remember See explanation of this PDF on www.youtube.com/c/allinclusiveias Prelims 2022 Static Crash Course Class-2 : Polity Page-15 © All Inclusive IAS  Prelims 2020: Other than the Fundamental Rights, which of the following parts of the Constitution of India reflect/reflects the principles and provisions of the Universal Declaration of Human Rights 1948? 1. Preamble 2. Directive Principles of State Policy 3. Fundamental Duties Select the correct answer using the code given below: (a) 1 and 2 only (b) 2 only (c) 1 and 3 only (d) 1, 2 and 3 Prelims 2012: Prelims 2010: Which of the following provisions of Consider the following: Constitution have a bearing on Education? 1. Fundamental Rights 1. Directive Principles of State Policy 2. Fundamental Duties 2. Rural and Urban Local Bodies 3. Directive Principles of State Policy 3. Fifth Schedule 4. Sixth Schedule Which of the above provision of Constitution are 5. Seventh Schedule fulfilled by National Social Assistance Programme Select the correct answer: launched by Government of India? (a) 1 and 2 only (b) 3, 4 and 5 only (a) 1 only (b) 3 only (c) 1, 2 and 5 only (d) 1, 2, 3, 4 and 5 (c) 1 and 3 only (d) 1, 2 and 3 FR vs FD vs DPSP. ✓FD X DPSP To abide by Constitution and respect national flag and national anthem ✓FD X DPSP To promote harmony and brotherhood ✓FD X DPSP To renounce practices derogatory to dignity of women X FD ✓ DPSP To promote equal justice and welfare X FD ✓ DPSP To secure participation of workers in management of industries X FD ✓ DPSP To protect monuments ✓FD X DPSP To preserve heritage and culture X FD ✓ DPSP To provide early childhood care and education for all children till 6 years of age ✓FD X DPSP To provide education to children between the age of 6-14 years ✓FD ✓ DPSP To protect and improve environment, forest, wildlife (FD: 51-A DPSP: 48-A) Both 51-A and 48-A were inserted by 42nd amendment Prelims 2017: In the context of India, which of the following is correct relationship between Rights and Duties? a) Rights are correlative with Duties. b) Rights are personal and hence independent of society and Duties. c) Rights, not Duties, are important for the advancement of the personality of the citizen. d) Duties, not Rights, are important for the stability of the State. Enforceable by law: Enforceable/Justiciable by courts: Parliament can make law to enforce them One can move court against their violation ✓ FR, FD, DPSP ✓ FR X FD, DPSP I read I forget, I see I remember See explanation of this PDF on www.youtube.com/c/allinclusiveias Prelims 2022 Static Crash Course Class-2 : Polity Page-16 © All Inclusive IAS  All Inclusive Static Crash Course Prelims 2022 Class-3 : Polity AMENDMENT OF THE CONSTITUTION. Can be initiated by: Bill can be presented: Can be challenged in: ✓ Rajya Sabha ✓ by private member also ✓ High court ✓ Lok Sabha X only after President’s recommendation ✓ Supreme court X State legislature X Joint sitting possible President must give assent X President X Ordinance can be used can't withhold or return (24th amendment 1971) special majority ▪ FR, DPSP, FD, etc. Article 368 special majority ▪ Schedule 4: allocation of RS seats and ratification ▪ Schedule 7: three lists Constitution by 50% states by ▪ Election of President amendment simple majority ▪ Goods and Services Tax Council; etc… Other articles ▪ Schedule 2 simple majority ▪ Schedule 5 and Schedule 6 ▪ Add new state; alter boundaries/names ▪ Create/abolish state legislative councils Our Constitution is living document because: ▪ Rules of Procedure in Parliament ✓ It can be amended as per needs of society ▪ Quorum in Parliament; salaries of MPs ▪ Use of Official language ✓ It has flexibility of interpretation ▪ Increase powers of SC; etc… But Basic structure should not change. Courts have most important role in this. Prelims 1995: Prelims 2013: Which of the following are matters on which Consider the following statements: constitutional amendment is possible only with 1. An amendment to Constitution can be ratification of legislatures of not less than one initiated by introducing bill in Lok Sabha only half of the States? 2. If such an amendment seeks to make changes 1. Election of the President in federal character of Constitution, the 2. Representation of States in Parliament amendment also requires to be ratified by 3. Any of the Lists in the 7th Schedule legislature of all the States of India. 4. Abolition of Legislative Council of a State Which of the above statements is/are correct? Choose the correct answer: (a) 1 only (b) 2 only (a) 1, 2 and 3 (b) 1, 2 and 4 (c) Both 1and 2 (d) Neither 1 nor 2 (c) 1, 3 and 4 (d) 2, 3 and 4 Prelims 2019: Consider the following statements: 1. The 44th Amendment to the Constitution of India introduced an article placing the election of the Prime Minister beyond judicial review. 2. The Supreme Court of India struck down the 99th Amendment to the Constitution of India as being violative of the independence of the judiciary. Which of the statements given above is/are correct? (a) 1 only (b) 2 only (c) Both 1and 2 (d) Neither 1 nor 2 I read I forget, I see I remember See explanation of this PDF on www.youtube.com/c/allinclusiveias Prelims 2022 Static Crash Course Class-3 : Polity Page-17 © All Inclusive IAS Year Amend. Related to 1951 1 ❑ 9th schedule 1956 7 ❑ State reorganization 1975 39 ❑ Election of Prez, VP, PM, Speaker beyond judicial review. ❑ Struck down by SC in 1976 for violating Basic Structure. 1985 52 ❑ 10th schedule (Anti Defection law) 1987 56 ❑ Goa became State; Daman & Diu became UT 1988 61 ❑ Lowered voting age from 21 to 18 years for LS and SLA 1991 69 ❑ Delhi got special status, to be called as National Capital Territory of Delhi ❑ Delhi got Legislative Assembly and a Council of Ministers 2001 84 ❑ Froze constituency boundaries till first census after 2026 2003 91 ❑ Restrict the size of council of ministers to 15% of legislative members ❑ Strengthened Anti Defection law 2003 92 ❑ Added four languages (Bodo, Dogri, Santali, Maithili) to 8th schedule 2005 93 ❑ OBC reservation in government and private educational institutions 2014 99 ❑ NJAC National Judicial Appointments Commission ❑ Struck down by SC in 2015 for violating Basic Structure 2015 100 ❑ Exchange of certain Enclaves with Bangladesh 2016 101 ❑ GST 2018 102 ❑ NCBC given Constitutional status 2019 103 ❑ EWS reservation 2019 104 ❑ Extended reservation for SC/ST in LS/SLA for another 10 years ❑ Did not extend reservation for Anglo-Indians in LS/SLA 2021 105 ❑ Restored states' power to make their own OBC lists I read I forget, I see I remember See explanation of this PDF on www.youtube.com/c/allinclusiveias Prelims 2022 Static Crash Course Class-3 : Polity Page-18 © All Inclusive IAS  BASIC STRUCTURE OF THE CONSTITUTION. Prelims 2014: Consider the following statements: A Constitutional Government is one which 1. places effective restrictions on individual liberty in the interest of State Authority 2. places effective restrictions on the Prelims 2020: Authority of the State in the interest of A constitutional government by definition is a individual liberty (a) government by legislature Which of the above statements are correct? (b) popular government (a) 1 only (b) 2 only (c) multi-party government (c) Both 1and 2 (d) Neither 1 nor 2 (d) limited government Basic Structure of Constitution: Disturbing basic structure will X Defined in Constitution X Introduced by 44th amendment cause catastrophic failure X Can be amended by special majority in Parliament ✓ Introduced by SC in Kesavanand Bharti case 1973 24th April 1973, 13 judge bench largest ever Kesavanand Bharti lost the case ✓ Judiciary decides what comes under basic structure From various judgements, following are some of them: (Just learn last two points. For other points, just think of a bill trying to remove that feature) ✓ Supremacy of Constitution Parliament ✓ Limited power of Parliament to amend the Constitution ✓ Secular character of Constitution ✓ Parliamentary system, Separation of powers, Federalism ✓ Welfare state (socio-economic justice) ❑ Article 226: issue order/writ ✓ Harmony and balance between FRs and DPSPs for FR or other purpose ✓ Rule of Law, Principle of Equality ❑ Article 227: HC has ✓ Freedom and dignity of the individual superintendence on courts / ✓ Democracy, Free and fair elections tribunals in its area ✓ Judicial review, Independence of Judiciary ❑ Article 32: approach SC for FR ✓ Powers of SC u/a 32, 136, 141, 142 ❑ Article 136: Special leave petition ✓ Powers of HC u/a 226, 227 (except military tribunal & court martial) Correction: ❑ Article 141: SC decision binding on other courts Page-10 2020 PYQ: First sentence is “Constitution ❑ Article 142: SC can pass any order necessary to of India defines its basic structure…” do “complete justice” Prelims 1985: Prelims 1994: The original structure of the Indian The basic structure theory of the Constitution implies that Constitution cannot be changed. In a) certain features of the Constitution are so essential to it which of the following cases, that they cannot be abrogated Supreme Court gave this verdict? b) fundamental rights cannot be abridged or taken away a) Golak Nath case c) the Constitution cannot be amended except in b) Minerva Mills case accordance with the procedure prescribed in Article 368 c) Kesavananda Bharati case d) the Preamble of the Constitution cannot be amended for it is not a part of the Constitution and at the same d) None of the above time represents its real spirit I read I forget, I see I remember See explanation of this PDF on www.youtube.com/c/allinclusiveias Prelims 2022 Static Crash Course Class-3 : Polity Page-19 © All Inclusive IAS  PARLIAMENTARY SYSTEM. Don’t rattafy the following, just understand the concept! Democratic government Parliamentary govt Presidential govt India, Britain, Canada, Japan USA, Brazil, Russia (semi), Sri Lanka (semi) Westminster model; Responsible govt; Non-parliamentary govt; Cabinet govt; Prime Ministerial govt Non-responsible govt; Fixed Executive govt Executive is responsible to Legislature Executive is not responsible to Legislature Executive is independent for term of office Features: Features: 1. Dual executive 1. Single executive (Prez Head of State; PM Head of Govt) 2. President and legislators elected separately 2. Majority party rule for a fixed term 3. Collective responsibility 3. Non-responsibility 4. Political homogeneity 4. Political homogeneity may not exist 5. Double membership 5. Single membership 6. Leadership of prime minister 6. Domination of president 7. Executive can get legislature dissolved 7. Executive can’t get legislature dissolved 8. Fusion of powers 8. Separation of powers Merits: Demerits: 1. Harmony between legislature and executive 1. Conflict between legislature and executive 2. Responsible government 2. Non-responsible government 3. Prevents despotism 3. May lead to autocracy 4. Wide representation 4. Narrow representation Demerits: Merits: 1. Unstable government 1. Stable government 2. No continuity of policies 2. Definiteness in policies 3. Against separation of powers 3. Based on separation of powers 4. Government by amateurs 4. Government by experts Prelims 2013: Prelims 1993: In the context of India, which of the following principles are The Swaran Singh Committee implied institutionally in parliamentary government? considered the Question of 1. Members of the Cabinet are Members of the Parliament a) more autonomy to Punjab on the model of J&K 2. Ministers hold office till they enjoy confidence in Parliament b) suitability of Presidential form 3. Cabinet is headed by the Head of the State of government for India Select the correct answer: c) precedence of DPSP over FR (a) 1 and 2 only (b) 3 only (c) 2 and 3 only (d) 1, 2 and 3 d) Administrative reforms Prelims 2020: Prelims 2017: A Parliamentary System of Govt is one in which The main advantage of the parliamentary form of a) all political parties in Parliament are represented government is that in Govt a) the executive and independently. b) Govt is responsible to Parliament and can be b) it provides continuity of policy and is more removed by it efficient. c) Govt is elected by people and can be removed by c) the executive remains responsible to the them legislature. d) Govt is chosen by Parliament but cannot be d) the head of the government cannot be removed by it before completion of a fixed term changed without election Prelims 1987: Prelims 2015: India has parliamentary democracy system because There is a Parliamentary System of Government a) Members of the Lok Sabha are elected by public in India because the b) Council of Ministers is responsible to Legislature a) Lok Sabha is elected directly by the people c) of distribution of power between Centre and b) Parliament can amend the constitution States c) Rajya Sabha cannot be dissolved d) of a single constitutional framework d) Council of Ministers is responsible to Lok Sabha I read I forget, I see I remember See explanation of this PDF on www.youtube.com/c/allinclusiveias Prelims 2022 Static Crash Course Class-3 : Polity Page-20 © All Inclusive IAS  Prelims 2017: Out of the following statements, choose the one that brings out the principle underlying the Cabinet form of Government: a) An arrangement for minimizing the criticism against the Government whose responsibilities are complex and hard to carry out to the satisfaction of all. b) A mechanism for speeding up activities of Govt whose responsibilities are increasing day by day c) A mechanism of parliamentary democracy to ensure collective responsibility of Govt to people d) A device for strengthening hands of head of Govt whose hold over people is in a state of decline Britain India Constitutional Monarchy (Hereditary) Republic (elected) Parliament Sovereign Parliament not sovereign/supreme (no written Constitution) (written Constitution, federal system, judicial review and fundamental rights) Only MPs made Minister Non-MP can be minister for 6 months Legal responsibility of Minister No (ministers countersign official acts) PM from Lower House (House of Commons) Any House ( LS / RS ) Shadow cabinet No Prelims 1993: Prelims 1979: Prelims 1998: Which of the following is a President of India has same The Indian parliamentary system is feature common to both the different from the British parliamentary constitutional authority as Indian and American Federation? system in that India has a) British Monarch a) A single citizenship a) both a real and a nominal executive b) President of U.S.A b) Three lists in Constitution b) a system of collective responsibility c) President of Egypt c) Dual judiciary c) Bicameral legislature d) A federal Supreme Court to d) President of U.S.S.R d) the system of judicial review interpret constitution Prelims 2021: We adopted parliamentary democracy based on the British model, but how does our model differ from that model? 1. As regards legislation, the British Parliament is supreme or sovereign but in India, the power of the Parliament to legislate is limited. 2. In India, matters related to the constitutionality of the Amendment of an Act of the Parliament are referred to the Constitution Bench by the Supreme Court. Select the correct answer using the code given below. (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2 https://www.supremecourt.uk/faqs.html I read I forget, I see I remember See explanation of this PDF on www.youtube.com/c/allinclusiveias Prelims 2022 Static Crash Course Class-3 : Polity Page-21 © All Inclusive IAS  FEDERAL SYSTEM. Constitution Central Govt Central Govt State Govt State Govt Federal govt. Unitary govt. Constitution divides power b/w center & states, Central govt. has all powers; states (if any) derive both operate independently. e.g. USA power from center. e.g. Britain Dual govt. Single govt., which may create regional govt. Written constitution Maybe written (France) or unwritten (Britain) Division of powers All powers with national government Supremacy of Constitution Maybe (Japan), may not be (Britain) Rigid constitution Rigid (France), flexible (Britain) Independent Judiciary May or may not be Bicameral legislature Bicameral (Britain), Uni-cameral (China) Federal features of Indian Constitution Unitary features of Indian Constitution 1. Dual polity 1. Single Constitution 2. Written Constitution 3. Division of powers 2. Strong centre 4. Supremacy of Constitution 3. States not indestructible 5. Rigid Constitution 4. Flexibility of the Constitution 6. Independent Judiciary 5. No equality of state representation 7. Bicameralism 6. Emergency provisions Indian federation resembles Canada: 7. Single citizenship a) using the term ‘Union’ 8. Integrated Judiciary b) formation, i.e. by way of disintegration 9. All-India Services c) Central govt. more powerful than states 10. Integrated audit machinery 11. Parliament’s authority over state list Prelims 1992: 12. Appointment of Governor Constitution of India borrowed scheme of 13. Integrated Election machinery Indian Federation from the Constitution of 14. Veto over state bills (a) USA (b) Canada (c) Ireland (d) UK Prelims 1994: Prelims 2018: Which of the following determines that Indian In the federation established by Govt of India Constitution is Federal? Act 1935, residuary powers were given to a) A written and rigid Constitution (a) Federal Legislature b) An independent Judiciary (b) Governor General c) Vesting of residuary powers with Centre (c) Provincial Legislature d) Distribution of powers between Centre & States (d) Provincial Governors Prelims 2021: Prelims 2017: Which of the following in Indian polity is an Which one of the following is not a feature of essential feature that indicates that it is Indian federalism? federal in character? a) There is an independent judiciary in India. a) Independence of judiciary is safeguarded b) Powers have been clearly divided between b) Union Legislature has elected the Centre and the States. representatives from constituent units c) Union Cabinet can have elected c) The federating units have been given representatives from regional parties unequal representation in the Rajya Sabha. d) Fundamental Rights are enforceable by d) It is the result of an agreement among the Courts of Law federating units. I read I forget, I see I remember See explanation of this PDF on www.youtube.com/c/allinclusiveias Prelims 2022 Static Crash Course Class-3 : Polity Page-22 © All Inclusive IAS  All Inclusive Static Crash Course Prelims 2022 Class-4 : Polity CENTRE-STATE RELATIONS. Parliament can legislate for State List: ✓ During President’s rule ✓ During a National Emergency ✓ To implement international agreements ✓ When RS passes resolution by 2/3rd majority ✓ When two or more states pass resolution (then those states lose power) Union list: Prelims 2013: ❑ Rail, Air, Port, Post, Telegraph Parliament can make any law for whole or any part of India ❑ Banking, Currency, Insurance for implementing international treaties ❑ Stock exchange, Foreign trade (a) with the consent of all the States ❑ Labour/safety in mines/oilfields (b) with the consent of the majority of States ❑ Fisheries beyond territorial water (c) with the consent of the States concerned ❑ Tax: Income, Corporation, Capital (d) without the consent of any State Concurrent list: 42nd amendment transferred 5 subjects from State list to ❑ Education Concurrent List: ❑ Forest, protection of animals (a) Education (b) forests (c) weights & measures ❑ Trade Union (d) protection of wild animals and birds ❑ Adulteration (e) administration of justice (constituting courts except SC/HC) ❑ Population control, family planning ❑ Adoption, Succession Residuary powers: (for matters not in any list, e.g. cyber laws) ❑ Transfer of property other than agri land ✓ Centre (India, Canada, GoI Act 1935) ❑ Economic and Social Planning ✓ States (USA, Australia, Objectives Resolution) State list: Constitution divides b/w Centre & States: ❑ Health, Sanitation, Liquor ✓ Legislative power ❑ Agri, Tax on agri income ✓ Executive power ❑ Animal husbandry, Fisheries ✓ Financial power ❑ Trade & Commerce X Judicial power (integrated judiciary) ❑ Capitation tax, Treasure trove ❑ Land, Police, Prison Predominance of Union law: ❑ Local govt Union law prevails over State law in case of conflict/overlap Prelims 2004: Prelims 1992: With reference to the Constitution of India, Which one of the following is not in the which one of the following pairs is not correctly State List under the Constitution of India? matched? (a) Fisheries (a) Forests: Concurrent List (b) Agriculture (b) Stock Exchanges: Concurrent List (c) Insurance (c) Post Office Savings Bank: Union List (d) Betting and Gambling (d) Public Health: State List I read I forget, I see I remember See explanation of this PDF on www.youtube.com/c/allinclusiveias Prelims 2022 Static Crash Course Class-4 : Polity Page-23 © All Inclusive IAS Borrowing by Centre and States: ✓ Centre can borrow from within or outside India, on security of Consolidated Fund of India, but within limit set by Parliament. ✓ State can borrow from within India, on security of Consolidated Fund of State. ✓ State cannot borrow without Centre's permission, if it still owes Centre money. Centre-State relations: 1966: First ARC under Morarji Desai followed by K Hanumanthayya 1969: Rajamannar Committee by Tamil Nadu Govt 1973: Anandpur Sahib Resolution by Akali Dal 1977: West Bengal Memorandum by WB govt 1983: Sarkaria Commission for Centre-State relations 2005: Second ARC under Veerappa Moily 2007: Punchhi Commission for Centre-State relations Prelims 1984: Prelims 2008: Sarkaria Commission has For which one of following reforms was a Commission set been set up to study up under the Chairmanship of Veerappa Moily by the (a) Centre-State relations Government of India? (b) Inter-State relations (a) Police Reforms (c) Financial aid to States (b) Tax Reforms (d) Splitting of LIC (c) Reforms in Technical Education (d) Administrative Reforms I read I forget, I see I remember See explanation of this PDF on www.youtube.com/c/allinclusiveias Prelims 2022 Static Crash Course Class-4 : Polity Page-24 © All Inclusive IAS  INTER-STATE RELATIONS. Article 262: inter-state water disputes Article 263: inter-state disputes Inter-State Council: ❑ Set up u/a 263, but not permanent Constitutional body (think of ECI) ❑ Set up by a Presidential order in 1990, on recommendation of Sarkaria Commission ❑ To promote coordination, dialogue, etc. ❑ All States & Union Territories have representation. ❑ From Centre, PM + 6 Cabinet minsters (including HM) CM/Governor CM/Administrator Chairperson Can it discuss some Inter-State Council Secretariat: Standing Committee: legal controversy b/w ❑ Set-up in 1991 ❑ set-up in 1996 governments? ❑ Headed by a secretary to the Central govt. ❑ Union HM is Chairman Yes, but its decision is advisory (SC decision ❑ Since 2011, also functioning as secretariat ❑ 5 Union Cabinet ministers u/a 131 is binding) of Zonal Councils. ❑ 9 CMs ISC Five Zonal Councils North-Eastern Council Constitutional Statutory Statutory Type of body (Article 263) (States Reorganization Act, (North Eastern Council Act, 1956) 1971) Chairman PM Union HM Union HM Vice-Chairman -- CMs by rotation MoS in Ministry of DoNER Prelims 2013: Which of these bodies do not find mention in Constitution? Zonal Councils 1. National Development Council 2. Planning Commission 3. Zonal Councils Select the correct answer using the codes given below. (a) 1 and 2 only (b) 2 only (c) 1 and 3 only (d) 1, 2 and 3 Prelims 1995: Which of the following are extra-constitutional and extra-legal device(s) for securing cooperation and coordination between the States in India? 1. National Development Council 2. The Governor’s Conference 3. Zonal Councils National Development Council: 4. Inter-State Council ❑ Neither constitutional nor statutory body Codes: ❑ First meeting 1952; last 2012 (a) 1 and 2 (b) 1, 2 and 3 ❑ Composition similar to NITI's Governing Council (c) 3 and 4 (d) 4 only ❑ No work assigned, no meetings I read I forget, I see I remember See explanation of this PDF on www.youtube.com/c/allinclusiveias Prelims 2022 Static Crash Course Class-4 : Polity Page-25 © All Inclusive IAS  EMERGENCY PROVISIONS. National Emergency State Emergency Financial Emergency Article 352 356 360 Orders issues by President Parliament’s Within a month Within two months approval If Lok Sabha 30 days from the first sitting of the Lok Sabha after its reconstitution, provided dissolved the Rajya Sabha has in the meantime approved it. Majority Special majority Simple majority ❑ Six months ❑ after 1 year only if National Indefinitely until Duration Six months Emergency and ECI certifies revoked ❑ max 3 years Re-approval Same as approval Not needed By President anytime Revocation Or if LS (not RS) passes By President anytime resolution 1962-68 External More than 100 times How many 1971-77 External First in 1951 in Punjab Never times 1975-77 Internal Never: Chhattisgarh, Telangana Declaration of Emergency can be challenged in Court? Yes National Emergency: ❑ It can continue indefinitely, if re-approved by Parliament every six months. ❑ It can be limited to specified part of India by President (42nd Amendment) ❑ Parliament can extend term of LS/SLAs one year at a time, any number of times ❑ 44th Amendment Act 1978: ❑ It replaced ‘internal disturbance’ with ‘armed rebellion’. ❑ Prez needs written recommendation from cabinet (not PM) to declare Nat. Emergency. ❑ State govt are not suspended, but come in complete control of Centre. ❑ Parliament can make law on state list. If parliament not in session, Prez can issue ordinance. ❑ President can modify constitutional distribution of revenue between Centre and States. President’s Rule: proclaimed u/a 356 on two grounds State not acting as per Constitution State fails to comply with any direction from Centre (mentioned in 356) (mentioned in 365) President’s rule can be imposed if: During President's Rule: ✓ Hung assembly after elections ✓ Council of Ministers dismissed ✓ Govt resigns and no other party is able to form govt. ✓ State assembly either suspended ✓ Constitutional direction by Centre is disregarded by State or dissolved ✓ State govt is acting against the Constitution ✓ No impact on Fundamental rights X Maladministration, corruption, financial exigencies ✓ No impact on power of High Court X Governor recommends Prez rule on his own assessment, without allowing govt to prove majority on floor of house I read I forget, I see I remember See explanation of this PDF on www.youtube.com/c/allinclusiveias Prelims 2022 Static Crash Course Class-4 : Polity Page-26 © All Inclusive IAS  Prelims 2003: Prelims 2017: Which one of the following Articles of the Which of the following are not necessarily the Indian Constitution provides that it shall be consequences of proclamation of President's the duty of the Union to protect every State rule in a State? against external aggression and internal 1. Dissolution of State Legislative Assembly disturbance? 2. Removal of Council of Ministers in the State (a) Article 215 (b) Article 275 3. Dissolution of local bodies (c) Article 325 (d) Article 355 Select the correct answer: (a) 1 and 2 only Article 355 → It is duty of Centre to : (b) 1 and 3 only ✓ Protect every state from external aggression (c) 2 and 3 only and internal disturbance (d) 1, 2 and 3 ✓ Ensure that State govt act as per Constitution Prelims 2006: Prelims 2018: Consider the following statements: If the President of India exercises his power as 1. The Rajya Sabha alone has the power to provided under Article 356 of the Constitution declare that it would be in national interest in respect of a particular State, then for the Parliament to legislate with respect a) the Assembly of the State is automatically to a matter in the State List. dissolved 2. Resolution approving the Proclamation of b) the powers of the Legislature of that State Emergency are passed only by Lok Sabha. shall be exercisable by or under the Which of above statements are correct? authority of the Parliament (a) 1 only (b) 2 only c) Article 19 is suspended in that State (c) Both 1and 2 (d) Neither 1 nor 2 d) the President can make laws relating to that State Prelims 2007: Article 360: when financial stability or credit of India or any part of its territory is threatened Consider the following statements in respect of financial emergency under Article 360 of the Constitution of India: 1. A Proclamation of financial emergency issued shall cease to operate at the expiration of two months, unless before the expiration of that period it has been approved by the resolution of both houses of Parliament. 2. If any proclamation of financial emergency is in operation, it is competent for the president of India to issue directions for the reduction of salaries and allowances of all or any class of persons serving in connection with the affairs of the Union but excluding the Judges of the Supreme Court and the High Courts. Which of the statements given above is/are correct? (a) 1 only (b) 2 only (c) Both 1and 2 (d) Neither 1 nor 2 I read I forget, I see I remember See explanation of this PDF on www.youtube.com/c/allinclusiveias Prelims 2022 Static Crash Course Class-4 : Polity Page-27 © All Inclusive IAS  PRESIDENT. President: Qualifications: ❑ Part of Executive (Prez/VP/PM/CoM/AG) ❑ Citizen (But in USA he should be citizen-by-birth) ❑ Part of Parliament (Prez, LS, RS) ❑ 35 years; qualified for LS election; no OoP ❑ Head of State, not Head of Govt ❑ 50 electors each as proposers and seconders ❑ All Executive actions taken in his name ❑ ₹15,000 deposit with RBI; forfeited if < 1/6th votes Elections: Oath: ❑ by electoral college of elected MPs & MLAs (including Delhi/Puducherry) ❑ to preserve, ❑ Non-participants: Nominated MP/MLA; MLC; MLA of dissolved assembly protect and defend ❑ PR by single transferable vote; not FPTP; this ensures absolute majority Constitution & law ❑ Secret ballot; Conducted by ECI; Returning Officer is LS/RS Secy General ❑ Given by CJI / ❑ Disputes inquired and decided by Supreme Court senior most SC ❑ Even if election is declared void, actions already taken are not void Judge Impeachment: Term: ❑ for violation of Constitution (not defined) ❑ 5 year term (or until successor comes) ❑ for proven misbehaviour? No ❑ Resigns to VP (not CJI); VP informs L S Speaker ❑ by LS and RS MPs (elected and nominated) ❑ Re-election any no. of times (USA total two terms) ❑ Pass by 2/3rd of strength in each house Immunity: Vacancy: (death, resign, etc... but not expiry of term) ❑ Official acts: ❑ Acting Prez: VP → CJI → senior-most SC judge → personal immunity from legal liability ❑ Hold elections within 6 months ❑ Personal acts: