Unit - 1
Constitution of India
Q1) What do you mean by Indian Constitution?
A1) The Constitution of India is the highest law in India. It establishes the framework that defines the basic political principles, establishes the structure, procedures, powers and obligations of government agencies, and defines the basic rights, principles of directives, and obligations of citizens. It is the longest sovereign constitution in the world and contains 448 articles in 25 parts, 12 schedules, 5 appendices and 98 amendments. In addition to the English version, there is an official Hindi translation. Dr. Bhimrao Ramji Ambedkar is widely regarded as the father of the Indian Constitution. The constitution follows a parliamentary government, and the administration is directly responsible to the legislature. Article 74 stipulates that the Prime Minister of India is the head of government. It also stipulates that the President of India and the Vice President of India will be appointed under Articles 52 and 63. Unlike the prime minister, the president plays a predominantly ceremonial role. The Indian Constitution is essentially a federal government. Each state of India and each Union Territory have its own government.
Q2) What is constitutionalism?
A2) Constitutionalism is a political philosophy based on the idea that government authority comes from the people and should be limited by a constitution that clearly states what the government can and cannot do. The idea is that the state cannot do what it wants to do, but is bound by laws that limit its powers. Constitutionalism has a vibrant history among the British, and that tradition has been passed down to us in other countries, especially as Americans. Let's dig deeper and learn more about constitutionalism.
Q3) Explain members of the Legislative Assembly.
A3) During the World War the Great Britain and her allies had said that they were fighting the war for the freedom of the nations. Many Indian leaders believed that after the war is over, India would be given Swaraj. The British government however had no intention of conceding the demands of Indian people. Changes were introduced in the administrative system as a result of the Montagu-Chelmsford Reforms, called the Government of India Act, 1919.
Government of India Act 1919 was passed by British Parliament to further expand the participation of Indians in the Government of the India. Since the act embodied reforms as recommended by a report of Edwin Montagu {Secretary of State for India} and Lord Chelmsford {Viceroy and Governor General}, it is also called as Montague-Chelmsford Reforms or simply Mont-Ford Reforms. The most notable feature of the act was “end of benevolent despotism” and introduction of responsible government in the India. This act covers 10 years from 1919 to 1929.
Edwin Samuel Montagu had remained the Secretary of State for India between 1917 and 1922. He was a critic of the system by which India was administered. On 20 August 1917, he made a historic declaration in the House of Commons in British Parliament which is called “Montague declaration”. The theme of this declaration was increasing association of Indians in every branch of administration and gradual development of self-governing institutions and responsible government in India.
In November 1917, Montague had visited India to ascertain views from all sections of polity including talks with Gandhi and Jinnah. A report on Constitutional Reforms in India {Mont-Ford Report} was published on 8th July, 1918. This report became the basis of Government of India Act 1919. Key features of this report were as follows:
Increasing association of Indians in every branch of administration.
Gradual development of self-governing institutions with a view to the progressive realization of responsible government in India as an integral part of the British Empire.
Progress towards responsible government in successive stages.
Q4) What is preamble? What are its key points?
A4) A preamble is an introductory statement in a document that explains the document’s philosophy and objectives. In a Constitution, it presents the intention of its framers, the history behind its creation, and the core values and principles of the nation.
The ideals behind the Preamble to India’s Constitution were laid down by Jawaharlal Nehru’s Objectives Resolution, adopted by the Constituent Assembly on January 22, 1947.
Although not enforceable in court, the Preamble states the objects of the Constitution, and acts as an aid during the interpretation of Articles when language is found ambiguous.
Key points of preamble were as follows:
India to remain as an integral part of British Empire. Gradual decentralization of authority with loosening the supreme hold of the central government. Thus, preamble of this act suggested for a decentralized unitary form of government.
The time and manner towards goal of responsible government will be decided by the British Parliament.
Partial responsibility in provinces, but no change in character of the central government.
Q5) What are the features of 1935 Act?
A5) The features of the act are:
Features of the Act
1. It provided for the establishment of an All-India Federation consisting of provinces and princely states as units. The Act divided the powers between the Centre and units in terms of three lists—Federal List (for Centre, with 59 items), Provincial List (for provinces, with 54 items) and the Concurrent List (for both, with 36 items). Residuary powers were given to the Viceroy. However, the federation never came in being as the princely states did not join it.
2. It abolished dyarchy in the provinces and introduced ‘provincial autonomy’ in its place. The provinces were allowed to act as the autonomous units of administration in their defined spheres. Moreover, the Act introduced responsible governments in provinces, that is, the governor was required to act with the advice of ministers responsible to the provincial legislature. This came into effect in 1937 and was discontinued in 1939.
3. It provided for the adoption of dyarchy at the Centre. Consequently, the federal subjects were divided in reserved subjects and transferred subjects. However, this provision of the Act did not come into operation at all.
4. It introduced bicameralism in six out of eleven provinces. Thus, the legislatures of Bengal, Bombay, Madras, Bihar, Assam and the United Provinces were made bicameral consisting of a legislative council (upper house) and a legislative assembly (lower house). However, many restrictions were placed on them.
5. It further extended the principle of communal representation by providing separate electorates for depressed classes (scheduled castes), women and labour (workers).
6. It abolished the Council of India, established by the Government of India Act of 1858. The secretary of state for India was provided with a team of advisors.
7. It extended franchise. About 10 per cent of the total population got the voting right.
8. It provided for establishment of a Reserve Bank of India to control currency and credit of the country.
9. It provided for the establishment of not only a Federal Public Service Commission but also a Provincial Public Service Commission and Joint Public Service Commission for two or more provinces.
10. It provided for the establishment of a Federal Court, which was set up in 1937.
Q6) What are the salient features if the Indian Constitution?
A6) Salient features and characteristics of the Constitution of India
1. World's Longest Constitution
The Indian Constitution contains 395 articles and 12 schedules, making it world's longest written constitution. Just compare it with other countries Constitutions. For example, the UK has no written constitution, while the US Constitution contains only seven articles.
Not only have this but since 1951 about 90 articles and more than 100 amendments been added. However, since articles are not added separately as part of an existing article (e.g., Article 21A, 35A etc.) the total number of articles remains same at 395.
2. Taken from various sources
The Indian Constitution was framed from multiple sources including the 1935 Government of India Act and Other Countries Constitutions.
3. Federal System with Unitary Features
Federal System with the Unitar the Indian Constitution includes all the federal characteristics of the governance such as dual government system (center and state), division of powers between the three state organs (executive, judiciary and legislature), constitutional supremacy, independent judiciary and bicameralism (lower and upper house).
Nevertheless, the Indian Constitution is unique in that form it includes many unitary features such as a strong center, all India services common to the center and the states, emergency provisions that can transform the Constitution into a unitary one if necessary, appointment of governors by president on advice of the center, etc.
Indeed, Article 1 clearly states that India is a ' Union of States ' rather than a federation of States. In India, the states did not come together to form the center (or Union) like in the case of the USA which is the purest form of a federation. Rather, for administrative convenience, it is the center that created the states. Article 3 of the Indian Constitution gives Parliament the sole authority to create new states clearly indicating that the Indian Constitution is of a unitary nature with certain federal characteristics.
4. Parliamentary Form of Government
On the pattern of the British parliamentary system of government, the Indian Constitution has opted for the parliamentary form of government. The key characteristics of the parliamentary form of government are:
d. Prime Minister's or chief minister's leadership in the state
e. Lower house dissolution (Lok Sabha and the state assemblies)
f. Government form of the Cabinet
5. Balance between the Sovereignty of Parliament and the Judicial Supremacy
A fine balance has been struck between the parliamentary sovereignty and judicial supremacy by the Indian Constitution. The Supreme Court is vacuumed by Articles 13, 32 and 136 with the power of judicial review. By its power of the judicial review, it can strike down any parliamentary law as unconstitutional.
On the other hand, the Parliament, being a representative of the people's will, has the authority to make laws, and it can also amend the major part of the Constitution through its video vested powers under Article 368.
6. Independent and Integrated Judicial System
In India, unlike the United States where there is a two-tiered judiciary, a single judicial system prevails with the Supreme Court at the top, the State and District High Courts and other subordinate courts below and subject to the supervision of the High Courts.
It is the duty of all levels of courts in India to enforce both central and state laws unlike in the US, where federal courts adjudicate on federal matters and state courts on state matters.
Not only is the judiciary system well fully integrated in India, but because of the following provisions it is also independent.
Appointment of judges of Supreme Court and High Courts by collegium system
Removal of judges in Parliament through an impeachment procedure that is very difficult to pass.
Supreme Court judges salaries, pensions, and allowances are charged to India's Consolidated Fund
Power to punish for self – disregard
Ban on judges practice after retirement…etc.
7. Directive Principles of State Policy
In Part IV of the Constitution, Directive Principles of State Policies (DPSPs) aims to make India a welfare state. Therefore, Dr. B.R. Ambedkar calls the Directive Principles as Indian Constitution's novel feature. The Principles of the Directive are inherently unjustifiable, that is, they are not enforceable for their violation by the courts.
Their usefulness, however, lies in their moral obligation to apply these principles to the state in making laws. Such as, the principles of the directive are fundamental to the country's governance.
8. Combination of rigidity and flexibility
The Indian Constitution strikes the fine balance between rigidity and flexibility when it comes to ease of modification. Article 368 lays down two types of modifications:
1. Some provisions may be amended by a special parliamentary majority, i.e., a 2/3rd majority of the members of each House present and vote and majority (i.e., more than 50 %) of each House's total membership.
2. Some other provisions can be amended by the special parliamentary majority and with half of the total states ratifying them. This ensures that with the widest possible majority, the Constitution is amended. At the same time, in the manner of ordinary legislative process, certain provisions of the Constitution can be amended by a simple majority of Parliament. Such amendments are not within the scope of Article 368.
Q7) What are the basic idea about Article 12-35?
A7) Basic idea about Articles 12-35
Articles 12-35 constitute Part III of the Indian Constitution. Let us have a deeper look at the articles which talk about the fundamental duties and rights of an Indian Citizen.
1. Articles 14-18: Right to Equality
These articles talk about the equal rights for all the citizens of the country irrespective of their caste, class, creed, gender, place of birth, or race. It says that there must be equal opportunities with regard to employment and other aspects. These articles also work towards the abolition of orthodox practices that have been taking place in the country.
2. Articles 19-22: Right to Freedom
This is one of the most important rights in the country whose foundation is based on Democracy. The Indian constitution says that the citizens of the country have freedom in various regards. The freedom rights in the Indian Constitution include freedoms of
Expression
Speech
Assembly without arms
Association
Practicing any profession
Residing in any part of the Country
However, these rights are subjective. This further implies that the state has the right to impose restrictions on the rights depending upon the situation.
3. Articles 23-24: Right against Exploitation
These articles talk about exploitation of humans and their rights. It prohibits any activities that encourage the child labor, human trafficking, and other forms of forced labor. This article also prevents the state from imposing any compulsory service for public purposes. Also, while making such compulsions, the state shall not discriminate against anyone on the basis of caste, creed, gender, etc.
4. Articles 25-28: Right to Freedom of Religion
India, a secular country, consists of people from varied religions and faiths and therefore, it becomes of utmost importance that we and the constitution of Indian support freedom of religion. Under the article, the state can be prevented from making the laws that
Might be associated with a specific religious practice.
Opening Hindu religious institutions of a public character.
5. Articles 29-30: Cultural and Educational Rights
These are the articles that work towards the protection of the rights of cultural, religious, and linguistic minorities by aiding them to preserve their heritage and culture. The state is supposed to have no official religion. These articles grant all the citizens the right to worship any religion of their choice. Under these articles, the state cannot hold the right to discriminate against any educational institution on the basis of it being a minority-run institution.
6. Articles 30-35: Right to Constitutional Remedies
These articles bind all the previously mentioned as this right makes sure that all the other fundamental rights are not being violated in any case. If any citizen of the country feels that rights are being violated, they have the right to approach the court and demand justice. Under these articles, the Supreme Court also holds the power of issuing writs against activity that it might find unsuitable.
Herein, the parliament holds the power control the rights that are being given to –
Army personnel
Bureaucrats
Members in charge of maintenance of public order.
Q8) What are the types of Writs of the fundamental rights?
A8) The different types of writs are -:
1. Habeas Corpus
The Latin meaning of the word is, ‘may have the body’. This writ is issued in regard to call an illegally detained person, to be present in front of the court. Further proceedings of the court decide whether the person needs to be in the detention of the law or to be let free. This writ is used in the cases when –
2. Mandamus
The means of the word, ‘Mandamus’ is ‘We command’. it's a notice that's offered by the court to the general public body, judicature, public official, government, or judicature in relevance reminding them of their duties that they need been ignoring for a short while. Thanks to its reminding principle, some individuals additionally term it to be a ‘wakening call’. However, a judicial writ cannot be issued against a personal individual or a personal body, if their duty isn't necessary, to enforce some reasonably a personal contact, against the governors of the president of the state, or against the operating chief.
3. Prohibition
This judicial writ legal document legal instrument official document instrument} is additionally popularly referred to as the writ of ‘Stay Order’. It may be issued to associate degree judicature or a quasi-judicial body so as to ban them from carrying forward the proceedings of a specific case. This legal document will solely be issued against a legal body.
4. Certiorari
Which means of ‘Certiorari’ is ‘to certify’. This legal document may be issued by the Supreme Court or the state supreme court to reverse the order that has already been gone by associate degree judicature, quasi-judicial authority, or a judicature.
5. Quo-Warranto
This term suggests that, ‘What is your Authority?’ This legal document is issued in relevance prohibiting an individual from holding a place to that he's not entitled to. The legal document expects the involved person to clarify the court of law concerning the authority to that is holding a place. Per his rationalization, the court will take additional selections on whether or not he shall be allowed or the place has to be vacated.
Q9) What are the criticism of elementary Rights of Bharat?
A9) Some of the criticisms that the elemental rights of our country have received over the years embody.
1. Lack of Clarity
As explicit by Sir Ivor Jennings, the Indian constitution could be a treat for the lawyers. This was aforementioned as a result of it's believed that the Constitution of Bharat was created by the lawyers, for the lawyers. The difficult terms within the Constitution square measure on the far side the understanding of a commoner. The terms used square measure imprecise and ambiguous in nature.
2. Suspension of rights throughout emergency
During a national emergency, the parliament holds the correct to suspend the elemental rights of the voters of the country. Hence, they're not utterly within the hands of the voters, however the authorities hold the powers to suspend them as and once required.
3. Excessive Limitations
It is believed that the elemental rights don't seem to be clearly explicit and additionally hold plenty of limitations to them. These rights square measure subjected to variety of exemptions and restrictions. The critics believe that once the constitution grants its voters elementary rights with one hand, it additionally takes them away with the opposite.
4. No Social and Economic Rights
The fundamental rights solely carries with it political rights and no social or economic rights square measure visible within the list. No rights like Right to Social Security, Right to education, Right to figure square measure mentioned within the list of elementary rights. Shall even be noted that these rights square measure granted to the voters in a number of the opposite advanced Democratic nations.
5. An upscale Remedy
It states that if any of the rights of a national is profaned, then he has the authority to approach the court. But one cannot ignore the actual fact that the court proceedings demand plenty of cash and energy. A standard man thinks double before approaching the court to urge his rights.
Q10) What are the fundamental duties of the Indian Constitution?
A10) The fundamental duties are as follows:
1. To abide by the Constitution and respect its ideals and establishments, the flag, National Anthem;
2. To care for and follow the noble ideals that impressed our national struggle for freedom;
3. To uphold and defend the sovereignty, unity and integrity of India;
4. To defend the country and render service once referred to as upon to do;
5. To push harmony and therefore the spirit of common brotherhood amongst all the folks of Bharat and to renounce practices disparaging to the dignity of women;
6. to price and preserve the made heritage of our composite culture;
7. To safeguard and improve the natural environments together with forests, lakes, rivers and wildlife;
8. To develop the scientific temper, humanism and therefore the spirit of inquiry and reform;
9. To safeguard belongings and to not use violence; and
10. To serve towards excellence altogether spheres of individual and collective activity.
Besides, a replacement duty has been value-added once the passage of Right to Education Act, 2009. “A parent or guardian has got to give opportunities for the education of his child/ward between the age of six and fourteen years.
Q11) Explain the Directive Principle of state Policy.
A11) Directive principles
These are enclosed partially IV of the Constitution. For the framing of sure Laws, the govt. needs sure pointers. These are enclosed within the Directive Principles of State Policy. Per Article thirty-seven, they're not enforceable by the courts. It simply lays down {the elementary the elemental the basic} principles and pointers on that {they are} based mostly are fundamental pointers for governance that the State got to follow whereas planning the laws. Stress is on the Welfare of State Model.
The institution of Directive Principles of State Policy is in accordance with sure articles of the Constitution of Bharat.
Allow us to explore a lot of regarding the importance of those articles.
Article 37: Non-enforceability in court
Article 39A: Securing participation of staff in management of industries
Article forty-one – 43: Mandate the state to endeavour to secure to any or all voters right to figure, salary, security, maternity relief and an honest customary of living
Article 43:
Promotion of industries
Establishment of many Boards for the promotion of textile and different handlooms
Article 45:
Free and mandatory education to kids between people of 6-14
After 2002 modification childhood care ordinance was shifted to below half dozen years
Article 47:
Raise the quality of living and improve public health
Prohibition of consumption of intoxicating drinks and medicines injurious to health
Article 48:
Organize agriculture and husbandry on trendy and scientific lines
Article 48A: Protection of the atmosphere and safeguard the forests and life of the country.
Article 49: Preservation of monuments and objects of national importance
Q12) Write the importance and implementation of the Directive Principle of State Policy (DPSP).
A12) Importance of DPSP
The DPSP covers Articles 36-51 of Part IV of the Constitution.
It refers to the protection of women in the country, environmental protection, rural growth and development, decentralization of power, unified civil law, etc., which are essential in making the law for the "welfare state". It is considered to be some of the things.
It cannot be justified, but it does provide a set of guidelines for the government to function domestically.
Implementation of directive principles
As mentioned above, unlike the basic rights guaranteed by the Constitution of India, the Directive Principles have no legal sanctions and cannot be enforced in court. However, the state is making every effort to implement the Directive Principles in as many areas as possible. Notable implementation is the 86th Constitutional Amendment in 2002, which inserts a new article, Articles 21-A, requiring free education for children under the age of 14. The Cruelty Prevention Act, some Land Reform Act, and the Minimum Wage Act (1948), which protect the interests of SC and ST, are some other examples of the implementation of the Directive Principles. Based on the guidelines of the Directive Principles, the Indian Army participated in 37 United Nations peacekeeping operations.
Q13) Write four points of corporation and coordination between the centre and therefore the states.
A13) The constitution lays down numerous provisions to secure cooperation and coordination between the centre and therefore the states. These include:
(i) Article 261 states that "Full religion and credit shall be throughout the territory of India to public acts, records and judicial proceedings of the Union and of each State".
(ii) Per Article 262, the parliament might by law offer for the judgement of any dispute or criticism with reference to the utilization, distribution or management of the waters of, or in, any inter-State stream or stream vale.
(iii) Article 263 empowers the President to determine Associate in Nursing inter-State Council to discuss and advise upon disputes between states, to analyze and discuss subjects within which some or all of the States, or the Union and one or additional of the States, have a standard interest.
(iv) As per Article 307, Parliament might by law appoint such authority because it considers applicable for completing the needs of the constitutional provisions associated with the inter-state freedom of trade and commerce.
Q14) Write the functions of Inter – State Council.
A14) Functions of Inter-State Council
1. Inquiring and advising upon disputes which can have emerged between the States:
2. Work and discussing subjects during which the States of the Union contains a common interest.
3. Creating suggestions on any such subject, for the higher coordination of policy and action with reference to that subject.
Q15) Why 26 November is observed as Indian Constitution Day or Samvidhan Divas?
A15) Constitution Day which is also known as Samvidhan Divas is celebrated on 26 November each year to commemorate the adoption of Indian Constitution. On this day in 1949 the Constituent Assembly of India adopted the Constitution of India that came into effect on 26 January 1950. Government of India declared 26 November as Constitution Day on November 2015 on an occasion of B. R. Ambedkar’s birth anniversary.
Q16) What are the features of the Parliamentary form of government?
A16) Nominal and actual administrative officers: The president is that the nominal administrative officer (de jure administrative officer or nominal administrative officer), and therefore the prime minister is that the actual administrative officer (de facto administrative officer). Therefore, the president is that the head of state and therefore the prime minister is that the head of state.
Majority Rule: Political parties that secure a majority seat in Lok Sabha form the govt. The leader of the party is appointed by the president as prime minister. Other ministers are appointed by the president on the recommendation of the prime minister. However, if there's no party to win the bulk, a coalition government are often invited from the president to determine a government.
Collective Responsibility: this is often a fundamental of parliamentary government. The Minister is jointly responsible to Parliament.
Double membership: Ministers are members of both the legislature and therefore the Executive Office of the President.
Prime Minister's Leadership: The Prime Minister plays a leadership role during this government system. He's the leader of the Council of Ministers, the leader of parliament, and therefore the leader of political parties. In these positions, he plays a crucial and really important role within the functioning of state
Q17) What is the status of the President of India in Parliamentary form of government?
A17) Position of the President
Protecting and protecting the Constitution and the laws of the land is the primary duty of the President of India. He has the power to summon and provoke both homes. He can also disband Lok Sabha.
The bill can only become law after it has been approved by the president. The federal cabinet should advise the president to carry out his duties with the prime minister. The President appoints the Chief Justice of India, the Prime Minister and other members of the Council of Ministers.
He appoints 12 celebrities from various disciplines to Rajya Sabha and submits annual financial statements to Congress. He can declare war or conclude peace on the advice of the Prime Minister and his minister. He has the power to give amnesty and declare an emergency.
Q18) What do you mean by Constitutional Amendment?
A18) A constitutional amendment is a formal written change to a national or state constitution. In order to amend the Constitution and guide it to reflect the reality of life, there is a strong need to amend the Constitution. There are two types of amendments, and there are various ways to amend the constitution.
Amendments to the Constitution mean changing certain provisions or updating some external features to meet the requirements of the day. In order for the Constitution to reflect the reality and needs of the day, provisions for constitutional amendment are needed.
Type of amendments:
Within Article 368 of the Constitution, there are two types of amendments to the Indian Constitution.
1. Only the parliamentary special majority
2. Ratification of half of the states by the parliamentary special majority and the simple majority.
Q19) State the criticisms of the constitutional amendment.
A19) The criticisms of the constitutional amendment are as follows.
1. India, unlike many other countries, does not have a permanent constitutional amendment body and all efforts are relatively naive and made by amateur parliaments.
2. The Legislature has no other scope to initiate amendments, except that it has the authority to initiate the establishment or abolition of the Legislative Council. This not only makes the Indian Constitution a central monopoly, but also makes it too strict for the state.
3. The existence of two houses in Congress makes it difficult to pass the Constitutional Amendment Act due to the disagreement between the two houses.
4. There is almost no difference between the normal legislative function and the constitutional amendment function.
5. There are too many loop holes. For example, if the ruling party cannot gather a majority of two-thirds of the total power, as it could modify the impeachment process to reduce two-thirds of the total power to two-thirds of the current power and vote., Can be devised at any time. A technique that suits his way.
6. There is no time frame for the state legislature to ratify
7. There is no time frame for the President to agree
K.G explains the constitutional amendment procedure of the Indian Constitution. Barakrishnan (formerly CJI) correctly states that the constitutional amendment strikes a good balance between flexibility and rigidity. In addition, Granville Austin, a prominent scholar of the Indian Constitution, said: It looks complicated, but it's just diverse. "
Q20) Write a short note on three sorts of emergency under the Indian Constitution.
A20) There are three sorts of emergencies under the Indian Constitution.
A. National Emergency (Article 352):
This emergency occurs if the President is convinced that a significant emergency exists, which threatens the central government are going to be all strong in an emergency and therefore the state is going to be under the control of the union
All federal systems are placed within the close sort of federalism that creates up America. regardless of the outcome, it cannot change its shape or shape
This emergency occurs if the President is convinced that a significant emergency exists, which threatens
India or a number of India's security by either war or an external attack or armed rebellion. The President stipulates that an emergency declaration could also be made regarding: the entire of India or a neighbourhood of it which will be laid out in the proclamation.
If the president is convinced that there's an imminent danger of war, external attack, or armed rebellion, he can declare an emergency even before the particular outbreak. Therefore, the particular occurrence of the event mentioned within the art. 352 isn't required. An imminent risk of war, external attack, or armed rebellion is acceptable for declaring an emergency.
The President shall not issue a proclamation without consulting the Union Cabinet (i.e., the Council of Ministers and therefore the Prime Minister). it's been informed to him in writing that such a declaration could also be issued. this suggests that emergencies are declared only on the idea of the suitability of the cupboard, not just the recommendation of the Prime Minister.
B. President’s Rule (Article 356):
The president may act on the basis of the governor's report, or may issue a proclamation if he is pleased that a situation has arisen in which the state government is unable to fulfil its obligations in accordance with the provisions of the Constitution. This concludes that the president can act without the governor's report.
Article 355 justifies the Center's obligation to ensure that the state government continues in accordance with the provisions of the Indian Constitution. In such situations, the presidential proclamation is called a "state constitutional machine failure proclamation."
C. Financial Emergency (Art 360)
This allows the President to declare a financial emergency if he is satisfied with a situation that threatens the financial stability or homeostasis or credit of a part of India or its territory. In other words, whenever the president claims that India's economy is at stake, he may declare this emergency.
Q21) What are the main features of 73rd amendment Act.
A21) Gram Sabkha or village rally as a decentralized governance deliberative body. It is conceived as the basis of the Panchayati system.
Q22) Explain Right to Equality.
A22) Right to Equality
Equality before the law (Article 14)
Article 14 treats all people the same from a legal point of view. This provision states that all citizens are treated equally before the law. National law protects everyone equally. Under the same circumstances, the law treats people the same.
Prohibition of discrimination (Article 15)
This article prohibits discrimination in any way. Citizens shall not be subject to liability, disability, restrictions, or conditions for: just because of race, religion, caste, place of birth, gender, or any of them.
Access to public places
Use of tanks, wells, ghats, etc. maintained by the country or for the general public. The article also states that despite this article, special provisions can be made for women, children, and younger classes.
Equal Opportunity on Public Employment Issues (Article 16)
Article 16 provides all citizens with equal employment opportunities in state service. Citizens must not be discriminated against for public employment or appointment on the basis of race, religion, caste, gender, place of birth, descendants or place of residence. Exceptions to this can be made to provide special provisions to the lower classes.
Abolition of untouchables (Article 17)
Article 17 prohibits the practice of untouchables. Dalits are abolished in all forms. Any obstacle resulting from untouchables is a crime.
Abolition of titles (Article 18)
Article 18 abolishes the title the State shall not award any title except those that are academic or military titles. This article also prohibits Indians from accepting foreign titles. This article discontinues titles awarded by British people such as Rai Bahadur and Khan Bahadur. Awards such as Padma Shuri, Padma Boushan, Padma Bibushan, Bharat Ratan and military Honors such as Ashok Chakra and Parambil Chakra do not belong to this category.
Q23) What are the freedom given to Indian Citizen under Article 19?
A23) Article 19 of the Constitution of India provides and protects all citizens of India the following types of freedoms –
a) Freedom of speech and expression.
b) Freedom to meet peacefully and without weapons.
c) Freedom to form an association or union.
d) Freedom to move freely across India's territory.
e) Freedom to live and settle anywhere in Indian territory.
f) Freedom to practice any profession, or to carry out any profession, trade, or business.
Article 19 (1) (a) – Freedom of speech and expression -
Freedom of speech is an integral part of a democratic country. It is the foundation of civilization, without which freedom of thought would be diminished. Freedom of speech and expression provides the right to express opinions freely without fear through any medium. The word "press" is also included in this regulation.
Article 19 (1) (b) – Freedom of Assembly –
The Constitution recognizes our right to hold meetings and hold lines. These processes and meetings may be restricted due to public order and morals and sovereignty.
This article has also been revived and interpreted several times by the Apex Court. Section 144 (6) of the CRPC may be imposed by the Government of India in some areas that make unlawful sessions of five or more people.
Article 19 (1) (c) - Freedom of association or trade union -
The Constitution of India states that all citizens of India have the right to form associations and trade unions. The Constitution of India declares that no citizen has a fundamental right under Article 19 paragraph 1 letter c to be a voluntary association or a cooperative. The right to be a member of the same is based on the provisions of the law. The right to be or continue to be a member of a society is therefore a legal right.
Article 19 (1) (d) - Freedom to move freely throughout Indian territory -
No person can be prevented from moving from one part of the state to another. The freedom of movement under Article 19 enables us to move from one state to another and anywhere within the state. There are also certain exceptions to this freedom.
Article 19 (1) (e) - Freedom of residence and establishment in any part of Indian territory -
As citizens of India, we can reside in any part of the country that is subject to certain state-imposed restrictions. An Indian citizen can reside in any state except the states of Jammu and Kashmir.
Article 19 (1) (g) - Freedom to pursue an occupation or to pursue an occupation, trade or business -
Part 12 (Articles 301-307) of the Constitution of India also lists the provisions relating to trade, industry and transport. The aim is to remove obstacles to international and domestic trade and trade relations.
Article 19 (1) (g) protection is available only to the citizens of India, while Article 301 is available to all.
Q24) Explain Right to Die.
A24) Right to Die
The right to life gives the person a full right to life and stipulates that the state cannot interfere with this right without going through the procedures stipulated by law. But what if a person chooses to end his life? Can he interfere with his own right to life?
Criminals of Article 309 of the Indian Criminal Code, 1860 commit suicide, and convicted persons face up to two years in prison and / or fines.
On the other hand, Article 306 criminalizes the perpetrator of suicide, that is, the support given by a person in the process of suicide by another person.
You might say that such a view is inhumane. Because people, especially those who are depressed or frustrated to die, should not be criminalized for attempting suicide. A person has the right to life, which of course should also mean the right to end his life.
Such a view is P. Taken by court in the case of the Latium vs. India Union (1994).
Q25) What is the qualitative difference between a Quick Trial and a Fair Trial?
A25) The qualitative difference between a Quick Trial and a Fair Trial
Prompt and fair trials are an inviolable element of the judicial process and must work hand in hand for the best possible control of natural justice. All parties to the proceedings have the right to a reasonably prompt decentralization of justice, as well as fair treatment and decision by the court.
However, there are qualitative differences between these two factors. Seen at face Value, the principle of fair trial, holds more valuable value in the judicial process as its denial directly deprives the right of a person to be properly inspected before being convicted. I can say. Justice must not only be done, but it must appear to be clearly done. Therefore, the principle of fair trial must always be adhered to.
Q26) What is emergency? Name its types.
A26) Emergency and Article 21
An emergency is a situation that requires immediate action by state authorities to deal with a dangerous situation, including a domestic rebellion, an external attack, or a financial bankruptcy. In India, emergencies fall into one of these three types-
a) National Emergency
b) Constitutional machine failure in the state (and therefore presidential rules)
c) Financial Emergency
In emergencies, people's freedom can be temporarily suspended because the state needs to prevent mayhem and deal effectively with dangerous situations. Article 359 of the Constitution of India empowers the President to suspend the basic rights of those granted in Part III for a certain period of time. However, this is not without exceptions.
Article 21, which recognizes the right to life and personal freedom, is one of two rights that authorities cannot suspend in the event of an emergency. Except as required by law, no one is deprived of life or personal liberty, and this procedure must not be arbitrary or unreasonable (as permitted in the Maneka Gandhi case).
This non-suspension provision of Article 21 was brought about by the 44th Constitutional Amendment in 1978, which amended Article 359 to exclude Articles 20 and 21 from its scope.
