Question Bank

Q1) What is the goal of the preamble of the Indian constitution? (5)

A1) The preamble of the Indian Constitution is the most important part, which includes the principles of basic rights and directives together, and is also the purpose and ideal of the Constitution. The philosophy of the Constitution is none other than the values, ideals, purposes, and purposes on which the Constitution stands. The first session of the Constituent Assembly was held in New Delhi on December 9, 1946, under the interim chair of Dr. Satin Danand Sinha. On December 11, 1946, Dr. Rajendra Prasad was unanimously elected Chairman of the Constituent Assembly. On 9 December 1946, Pt. Jawaharlal Nehru unanimously approved on 22 January 1947 and moved the "Purpose Resolution" adopted by the Constitutional Assembly. The objective resolution reflects the high ideals and philosophies that influenced the formation of the Indian Constitution at all stages thereafter. The philosophy embodied in these ideals and objective resolutions is truly reflected in the preamble of the Constitution of India. This objective resolution emerges as a sovereign republic with its power and authority from those who should guarantee social, economic and political justice and to each individual as equality of status and opportunity to all. Focused on the concept of India to do, which was a firm determination and commitment to establish a sovereign democratic republic in India.

Q2) Write some points that is reflected in the preamble of the constitution? (7)

A2) The philosophy of the Constitution is reflected in the following preamble:

We, the people of India, constitute India as a sovereign, socialist and secular democratic republic and guarantee all citizens freedom of justice, society, economy, politics, thought, expression, faith, faith and worship. Solely determined to do, Equality of status and opportunity, and promoting among them all. Fraternity that guarantees personal dignity and national unity and integrity

On November 26, 1949, our Constituent Assembly adopted, enacted, and gave it to ourselves. The rest of the Constitution came into effect on January 26, 1950. Thus, the Constitution derives its authority from the Indian people (not a gift from the British Parliament).

The people have the freedom to choose the government and have the right to play an active role in deciding which law governs them. The basic and natural rights of the people are respected by the authority of the government. There must be.

India became republic on her January 26, 1950. India decided to be a member of the Commonwealth of Nations, but did not recognize its loyalty to the royal family. The Constitution of India reiterates the promotion of international peace and the maintenance of fair and prestigious relations between nations (Article 51).

The Constitution imposes equality on all citizens in the question of the choice of representatives who run government agencies. Unlike the theoretical state provisions, the Indian Constitution opens all authority to Indian citizens of all religions.

Government must belong to the people, by the people, for the people. This was to be guaranteed by the introduction of universal suffrage. The government for the people gives our constitution a socialist character. The Constitution promises that all governments will provide equal opportunities for all citizens.

The Constitution of India does not aim to completely abolish property, but to limit it so that it can be used for the benefit of the state. This is aimed at equal opportunity and the abolition of vested interests.

Secular states guarantee religious freedom. The dignity of an individual is respected by the provisions of fair and humane working conditions (Article 42) and a decent standard of living (Article 43). The state of India must play an active role in accelerating the process of achieving social equality based on justice and welfare for all civil groups.

The guiding values ​​of the Indian Constitution can be summarized as including equality, freedom, secularism, socialism and internationalism. These values ​​set the parameters under which the Constitution of India must work.

Q3) Throw some lights on the preamble of the Indian constitution. (8)

A3) A preamble means a preface, a preface, or an introduction to a literary or academic work. This is the first statement that guides the reader, and thus the performer of the instruction, to guidance on performance. The preamble to the Constitution of India, though different in nature, reveals the spirit of Indian society. It reflects the sustainable goals of India's political system, and therefore ideals are required to be achieved through the medium of the Constitution.

The preamble begins as follows:

"We are the people of India, and we are solemnly determined to make India a sovereign, socialist, socialist and democratic country and to ensure the security of all our citizens.”

Justice: social, economic and political.

Freedom: Thought, expression, belief, faith, worship.

Equality: Equality of status and opportunity. And to promote among all of them

Fraternity: Guarantees personal dignity and national unity and integrity.

Adopted and enacted here at the Constituent Assembly on November 26, 1949, and give this constitution to ourselves. Added by the 42nd Constitutional Amendment in 1976. The preamble now needs to be refined word for word according to its hidden values, ideals, purposes, and philosophies.

WE THE PEOPLE OF INDIA means that the people of this country adopt and enact their own legal body, the Constitution. On behalf of the people, his founder and chief designer of the Constitution, Dr. B.R. Ambedkar, created this Constitutional document. Rather than adopting and enacting them themselves, the people are the ones who make the constitution. They are the people who are determined to make up India and their representatives.

Ruler, Socialist, Secular, Democratic Republic:

The Indian people make India a sovereign state. The term "SOVEREIGN" means freed from internal or external control, the Constitution was not a gift from the British Parliament, and therefore the Indian people could build their own legal body. It suggests that you can do it. To this end, they sent representatives to Parliament, the Constituent Assembly. There are no restrictions or restrictions on the borders of the Indian people with the Constitution.

The term "socialist" was not part of the 1950 preamble, but was inserted by the 42nd Constitutional Amendment in 1976. We secure the means of production and guarantee the fair and equitable distribution of daily necessities. The term is said in a partial way to Marx's socialism. All citizens have the right to earn a living and improve their standard of living.

The term "SECULAR" was also not part of the preamble in 1950. It was inserted in the preamble by the 42nd Constitutional Amendment Act of 1976. The term secular emphasizes the fact that the state of India has no state religion and gives all citizens complete freedom of worship and religion. It does not encourage, discourage, or discriminate against any particular religion. This shows the fact that the state is completely neutral. The spirit of secularism guarantees freedom of conscience and the right to freely profess, practice and spread one's own religion, Article 25 of the Constitution. Is fully reflected in. According to former Indian President R. Venkanta Raman, secular India means "India is not pro-religious, non-religious, or anti-religious."

The term "democratic" in the narrow sense refers to the type of government chosen by people based on the idea of ​​universal suffrage. In a broad sense, it refers to the lifestyles of people and various social organizations. The Government of India relies on representative parliamentary democracy, where the government is responsible for sovereign legislative bodies. There are different types of democratic governments, including Presidential (USA), Kingship (England, Australia, New Zealand), and democracy where India has adopted a parliamentary system.

The term "republic" means that the chief of the Indian state is elected as chief and is not a secular ruler by kingship. It also means that the highest power of the state is given to the people and is in the authority of the elected representatives of the people. Also, the term "republic" means that all government offices do not discriminate against all citizens. Means to accept.

Justice, freedom, equality, philanthropy:

In addition, the preamble emphasizes that Indian citizens should receive justice in three ways, such as social justice, economic justice, and political justice. The designers of the Constitution have made this justice arrangement very wise. Without social justice, there can be neither economic justice nor political justice. Indian society composed of caste, class religion, and race. Based on this, discrimination arose among the Indians themselves. Therefore, the Constitution cultivates a healthy and social attitude among people, and the nation must be a nation accordingly. Social justice is often realized only by "being treated unequally is not equal to being treated equally," as in Aristotle.

The next step in preamble justice, which is safe for the Indian people, is financial justice. All his Indian citizens have the right to measure and earn their livelihoods. We need to make employment opportunities available with a view to social justice. The Directive Principles of National Policy make it clear that there is no discrimination between individuals regarding the way they think about their economic status. The state is expected to enact legislation and transform the notion of social and economic justice into reality.

Political justice is possible only when social and economic justice is achieved. Previously, in India and many countries around the world, only wealthy people with high social status were given voting rights. However, the Constitution of India grants all Indian adult citizens universal suffrage without discrimination in caste, race, religion, gender, wealth, status, etc. for political justice.

Therefore, the concept of social, economic and political justice contained in the preamble aims to promote this revolution by promoting the goals of the social revolution and establishing the conditions necessary to achieve it. I will.

The preamble includes that freedom of thought, expression, belief, belief and worship is reserved for Indians. The Constitution of India guarantees citizens the freedom that everyone without prejudice has the right to think and express his or her opinion without prejudice to the freedom of others. They can convert to any religion, worship any god or goddess, and believe in all kinds of philosophies they need. That is the six types of freedom stipulated in Article 19 of the Constitution.

The preamble refers to the equality of all Indian citizens, without discrimination of any kind. He has two perfect equalities, such as equality of position and equality of opportunity. All Indian citizens, regardless of caste, religion, race, gender, language, etc., are treated equally before the law and have equal opportunities to make economic progress. Also, in accordance with Article 16 (4), the state has enacted legislation that clarifies that it has the right to reserve jobs and positions in favor of younger citizens. This provision also facilitates the explanation of justice by providing protective discrimination to the classes of those who have suffered due to the historical situation of the caste system. This is the justice of inequality being treated as inequality.

The preamble also stipulates that the Constitution is guaranteed to promote fraternity among Indians, which guarantees individual dignity and thus national unity and integrity. BR, Chief Architect of the Constitution. "Fraternity is a common sense of brotherhood and, therefore, a principle that brings unity and solidarity to social life," Ambedkar said. "Without the equality and freedom of fraternity, it is not deeper than a paint coat. Would be. " Therefore, diversification of freedom, equality and friendship from the opposite should be seen as forming a "trinity coalition" in the sense that it defeats the very purpose of democracy, not as an individual purpose. Not.

All of the above provisions facilitate the adoption, enactment and provision of the Indian people in the Constitution approved by the Constituent Assembly on November 26, 1949.

Q4) Describe only 10 parts in regard to main body of the constitution. (7)

A4) The main body of the Constitution of India consists of 22parts, 395 articles and 12 schedules and they are elaborated thoroughly in these provisions.

The part I consists of Articles nos.1-4. Article No.2 deals with Name and Territory of the Union and establishment of new states. Article 3 mentions about the provisions of formation of latest states and alteration of areas, boundaries or names of new states. Article 4 provides the amendment of the first and therefore the Fourth schedules and supplemental, incidental and consequential matter concerning Articles nos.1&3.

PART II- CITIZENSHIP:

The part II consists of Article nos. 5 to 11 in reference to citizenship.

Article 5 relate with the citizenship at the commencement of the constitution.

Articles 6-11 provides for rights of citizenship for migrants to and from Pakistan, or outside India and therefore the right of the Parliament to continue and regulate it.

PART III- FUNDAMENTAL RIGHTS:

Part III deals with Fundamental Rights for Indian Citizen elaborated in the Article nos12 to 35.

The fundamental Rights are the right to Equality, Right to Freedom, Right against Exploitation, Right to Religion, Cultural and educational Rights and Right to Constitutional Remedies.

The right to Property was deleted by the 44th Constitutional Amendment Act, 1978.

PART IV- DIRECTIVE PRINCIPLES OF STATE POLICY:

It includes Articles from 36 to 51 wherein the constitution has directed the state to be welfare state and execute the values, principles of equality, liberty, justice, social justice, health, industrialization, education generally and of weaker sections, etc. Thought the govt... Can’t be pulled in the court for the violation of the Directive Principles but it's also taken as an obligation of the govt. On become the welfare state. Because of fear of not getting elected again, the govt. Must do the public works continuously and is elaborated in their part.

PART IV –FUNDAMENTAL DUTIES:

In the 1950’s originally the constitution didn't contain separate Fundamental Duties for the citizens of India because it was natural that everyone respects everybody’s Fundamental Rights. But by the 42nd Constitutional Amendment Act, 1976 it had been separately provided for the 11 fundamental duties for the Indian citizens.

PART V- THE UNION:

The Part V contains 5 chapters associated with individual subject. Chapter I am titled as ‘THE EXECUTIVE’ and contain Articles from 52 to 78.

Articles 52 to 73 deals with the powers and functions of the President and vice president Articles 74 & 75 provides for the formations of Council of Ministers and its functions. Article 76 makes provisions of appointment and powers, functions of Attorney General of India. Articles 77 & 78 pertain to conduct of state Business and functions and duties of Prime Minister.

Chapter II is titled as ‘Parliament’ and contain Articles from 79 to 122.

Articles 79 to 88 deals with formation and constitution of Parliament Articles 89 to 98 provides for the officers of the Parliament. Article 99 to 100 deals with the conduct of Business of the Parliament.

An article 101 to 104 makes mention of disqualification of members and therefore the vacant seats.

Articles 105 and 106 deals with the Powers, Privileges and Immunities of Parliament and its Members

Articles 107 to 111 provide for the Legislative Procedures of the Parliament Articles 112 to 117 are associated with Procedure of Parliament in Financial Matters.

Articles 118 to122 provides for the procedure Generally of the Parliament.

Chapter III is titled as ‘LEGISLATIVE POWERS OF THE PRESIDENT’.

In this chapter Article 123 explains the powers of the President during recess of the Parliament to promulgate ordinances.

Chapter IV is titled as ‘THE UNION JUDICIARY’ and contain Articles 124 to 147. These Articles provide for the composition, powers and jurisdiction of Supreme Court of India. Article 143 mentions the powers of the President to consult Supreme Court.

Chapter V- titled as ‘COMTROLLER AND AUDITOR GENERAL OF INDIA’. This chapter contain Articles 148 to 151 and elaborates the appointment, duties, powers of (CAG) Controller and Auditor General of India.

PART VI THE STATES:

This part contains VI chapters and Articles from 152 to 237 regarding the State Level provisions. Chapter I is concerning General wherein Article 152 defines the State and its limits. Chapter II is titled as ‘THE EXECUTIVE’ and lies in the Articles from 153 to 167. Article nos.153 to 162 elaborates the Governor, its appointment, powers and functions thus far Articles nos.163 and 164 details about Council of Ministers. Article no.165 provides for ‘The Advocate General of State’.

Articles 166 to 167 deals with ‘Conduct of government Business’ in states, duties of Chief Ministers etc

Chapter III is titled as ‘THE STATE LEGISLATURE’ and contain Articles from 168 to 212. Articles 168 to 177 explain generally the constitution of Legislature in States, legislative assembly and legislative council.

Articles 178 to 187 talks of officers of the State Legislature like the Speaker, Deputy Speaker of Assembly, Chairman and Deputy Chairman of Council, Secretariat etc.

Articles 188 to 189 mentions of ‘Conduct of Business of Legislature’

Articles 190 to 193 elaborates the disqualification of members ( MLA’s and MLC’s) because of vacation of seat or the other reason. Articles 194 and 195 provides for the powers, privileges etc. of the houses of Legislatures and their members.

Articles 196 to 201 explain the Legislative Procedure like passing the Bills etc. whereas Articles 202 to 207 provide for the Procedure of Legislature in reference to Financial Matters.

Articles 208 to 212 deals with procedure generally wherein rules are explained

Chapter IV titled as ‘LEGISLATIVE POWERS OF THE GOVERNOR’ which are explained by the Article no.213. E.g. Power of Governor to promulgate Ordinances during recess of Legislature

Chapter V titled as ‘THE HIGH COURTS within the STATES’ contain Articles 214 to 231 which provides for the appointment, powers and jurisdiction of the High Courts within the States.

Chapter VI titled as ‘SUBORDINATE COURTS’ and contain Articles 233 to 237 and detail about the appointment, powers and jurisdiction of district and subordinate judges. Article 232 has been repealed from the constitution.

PART VII even have been repealed as per Article no.238 & seventh Constitutional Amendment Act, 1956

PART VIII- THE UNION TERRITORIES:

This part contains Article 239 to 242 and elaborates the administration of Union Territories, special status to Delhi, the powers and functions of President and therefore the High Court’s etc.

PART IX- THE PANCHAYATS:

This consists of Article 243 and explains the constitution of Panchayat Raj & Local Self Government. It also provides for the constitution of Municipalities its powers and functions. Within the same sub-article there's provision of Finance Commission.

PART X:

This contains Article 244 wherein we discover the provisions of the administration of Scheduled Areas and Tribal Areas like in Assam.

Q5) What are the twelve schedules in the Indian Constitution? (5)

A5) There are 12 Schedules which mentions of varied provisions.

1. First Schedule:

I-The States-List of all States II-The Union Territories.

2. Second Schedule:

Part A- Provisions on the President and also the Governors of States. Part B(Repealed) and Part C mentions of Speakers of LokSabha, RajyaSabha, State Assemblies and Councils.

Part D- Provisions on the Judges of the Supreme Court and of the High Courts.

Part E- Provisions on the Comptroller and Auditor General of India.

3. Third Schedule- Former of Oaths or Affirmations.

4. Fourth Schedule- Allocation of seats within the Council of States.

5. Fifth Schedule- Provisions on the Administration and control of Scheduled Areas and Scheduled Tribes.

Part A- General.

Part B- Administration and Control of Scheduled Areas and Scheduled Tribes.

Part C- Scheduled Areas.

Part D- Amendment of the Schedule.

6. Sixth Scheduled- Provisions on the Administration of Tribal Areas within the States of Assam, Meghalaya, Tripura and Mizoram.

7. Seventh Schedule List I – Union List II-State List.

List III- Concurrent List.

8. Eight Schedule- Languages.

9. Ninth Schedule- Validation of certain Acts and Regulations.

10. Tenth Schedules- Provisions on disqualification on ground of defection.

11. Eleventh Schedule- Powers, authority and responsibilities of Panchayats

12 Twelfth Schedule-Powers, authority and responsibilities of Municipalities, etc.

Q6) What is the meaning of fundamental duty? (5)

A6)  Fundamental Duties in India are guaranteed by the Constitution of India Part IVA in Article 51A. These fundamental duties are recognized as the moral obligations that actually help in upholding the spirit of nationalism as well as to support the harmony of the nation, as well as of the citizens. These duties are designed concerning the individuals and the nation. However, these fundamental duties are not legally enforceable. Furthermore, the citizens are morally obligated by the Constitution to perform these duties. These Fundamental Duties were added by the 42nd Amendment Act in 1976.

Article 51-A of the constitution provides 10 Fundamental Duties of the citizen. These duties can be classified accordingly as relating to the environment, duties towards the state and the nation and also towards self. However, the main purpose of incorporating the fundamental duties is to encourage the sense of patriotism among the country's citizens.

The international instruments, such as, the Universal Declaration of Human Rights and International Covenant on Civil and Political Rights include reference of such fundamental duties. These Fundamental Duties are such commitments that expand to the citizens as well as the state at large. According to the Fundamental Duties, all the citizens should respect the national symbols as well as the constitution of the country. The fundamental duties of the land also intend to uphold the right of equality of all individuals, defend the environment and the public property, to build up scientific temper, to disown violence, to struggle towards excellence and to offer compulsory education. In addition, the 11th Fundamental Duty of the country was added in the year 2002 by the 86th constitutional amendment. It states that every citizen who is a parent or guardian, to offer opportunities for education to his child or, as the case may be, ward between the age of 6 and 14 years.

Q7) What are the fundamental duties of the Indian citizen?  (5)

A7) Fundamental Duties of Indian Citizens are as follows -
a.  To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;

b. To cherish and follow the noble ideals which inspired our national struggle for freedom;

c. To uphold and protect the sovereignty, unity and integrity of India;

d. To defend the country and render national service when called upon to do so;

e. 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;

f. To value and preserve the rich heritage of our composite culture;

g. To protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures;

h. To develop the scientific temper, humanism and the spirit of inquiry and reform;

i. To safeguard public property and to abjure violence;

j. 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

The Fundamental Duties of Indian citizens serve an imperative purpose, as a democratic polity cannot succeed if the citizens refuse to assume responsibilities and duties and are not enthusiastic to be active participants in the process of governance. The Fundamental Duties are considered as the responsibilities which should be performed by each and every civilian of India.

Q8) What is tolerance? What is the importance of tolerance?  (7)

A8) Tolerance is defined as a sense of understanding and respecting the feelings of others. In India as a diversity of religions, castes, beliefs, regions and languages, tolerance is a very important value that all Indians must develop among themselves. In this complex, the opinions of others. Understand that disagreement is a common phenomenon in a country like India, so it is necessary to listen carefully to other opinions expressed by anyone and counter them in a peaceful manner is needed.

Importance of tolerance:

i. Tolerance is an important value in understanding a person's personality (humanity).

Ii. Tolerance guides people to compromise and coordinate in society.

Iii. Tolerance can stop conflicts and conflicts between people and establish peace.

Iv. In a complex society like India, the pursuit of a harmonious relationship is the first condition, and only tolerance can maintain it.

v. Tolerance helps democratic societies flourish and prosper.

Vi. Also, teach the person a liberal way of thinking about disagreements.

Vii people can respect the perspectives of others, even if they disagree with their beliefs.

Viii. Tolerance is an important value to achieve if India wants to prosper economically and become a great power.

Ix. Tolerance makes it possible to establish equality between humans and implement the provisions of the Constitution.

x. Tolerance helps reduce conflicts between groups such as communism, casteism, linguistics, and regionalism, and can build community harmony as a possible goal of the Indian Constitution.

Therefore, tolerance can promote national integration, establish national unity, and inculcate patriotism among its citizens.

Q9) What is  the significance of peace and harmony? (5)

A9) The significance of peace and communal harmony.

It improves the financial overall performance of the country.

Helps convey cooperation amongst humans in distinctive communities.

It fosters a feel of brotherhood and decreases network conflicts.

It brings fulfilment to the lifestyles of each individual.

Reduce social crime.

Promote innovation.

This permits us to stay in a higher international and create a higher international for the following generation.

Q10) Write any five basic features of Indian constitution   (8)

A10) The founding fathers of our charter studied the numerous constitutions to be had with inside the numerous nations of the arena and collected the selected concepts which is probably appropriate to Indian social-political, economic, cultural, non secular conditions. The Constitution of India has supplied the Indian citizen the great of the gadgets for main a satisfied and non violent life. Therefore, the crucial capabilities of it are as follows:-

The Lengthiest Written Constitution in the World:

When Indian Constitution changed into prepared, it had 395 articles nine schedules and 12 parts. It is maximum precise written record. The USA charter has best 7 articles, the Australian charter has 128 articles and consequently the Constitution of Canada has 147 articles. Indian Constitution offers the info of administrative machinery, execution, law and implementation info of the judiciary. The country  like England has no written Constitution at all.

According to the Constitutional Amendment no ninety two in the year, 2003, the Indian charter is consisted of 447 Articles, 12 schedules and 26 parts.

Popular Sovereignty:

It is really said withinside the preamble that India isn't always beneathneath any outdoor control. It’s a sovereign state beneathneath the human beings. The human beings may have proper to choose their representatives to rule for themselves to the govt. Hence, India capabilities a democratic device of state. Any citizen who's above 18 years elderly no matter religion, creed, caste, region, property, wealthy or bad, individual can execute grownup franchise and feature his represented for his/her welfare. It is very of tremendous provision inthe charter that the man or woman can also be from dire poverty or from an Industrialist may have proper to at least one vote and one vote may have one value. Therefore, famous sovereignly is extraordinarily vital function of the Constitution of India.

Partly Rigid and Partly Flexible:

When we study our constitutional record then we come to apprehend that sometime, someplace the articles of the charter are very inflexible to shape any change and someplace a few articles are without problems amended constant with the state of affairs exists. The article 368 of the Constitution gives for the change. At the identical time, simply in case of Jammu & Kashmir, the parliament possesses restricted rights to intrude withinside the affairs of this state. As towards this, during57 yrs. There are ninety two amendments are made withinside the charter and states like Nagaland , Sikkim, Jharkhand, Chhattisgarh etc. are newly created. Many articles are delivered constant with the existing context.

Provision of Fundamental Rights:

The charter of India ensures the fundamental Rights to every person no matter birth, caste, creed, sex, religion, race, language, region, age, education, wealthy, bad etc.: Articles from 12 as much as 35 mentions of Fundamental Rights.

The Fundamental Rights are as follows: - .

1) Right to Equality (equality earlier than regulation for everyone).

2) Right to Liberty (consists of freedoms).

i) Freedom of speech and expression;

Ii) Freedom of assembly;

Iii) Freedom of exercise any career or occupation;

Iv) Freedom of union or expert organization;

v) Freedom of staying everywhere in India;

Vi) Freedom to transport everywhere in India;

3) Right to freedom of faith.

4) Right towards Exploitation.

5) Cultural and educational Rights.

6) Right to Constitutional Remedies.

i) Habeas Corpus,

Ii) Mandamus,

Iii) Prohibition,

Iv) Quo-Warranto and

v) Certiorari.

The Right to Property are deleted from the Constitution in 1979 via way of means of forty fourth change.

* Article 17 of the charter have abolished the exercise of Untouchability and it is taken into consideration an offence cognizable.

* Article 23 prohibits pressured labour.

Thus via way of means of the availability of Fundamental Rights the charter have woven the thread of team spirit of the Indians.

The founding fathers of our charter studied the numerous constitutions to be had with inside the numerous nations of the arena and collected the selected concepts which is probably appropriate to Indian social-political, economic, cultural, non secular conditions. The Constitution of India has supplied the Indian citizen the great of the gadgets for main a satisfied and non violent life. Therefore, the crucial capabilities of it are as follows:-

The Lengthiest Written Constitution in the World:

When Indian Constitution changed into prepared, it had 395 articles nine schedules and 12 parts. It is maximum precise written record. The USA charter has best 7 articles, the Australian charter has 128 articles and consequently the Constitution of Canada has 147 articles. Indian Constitution offers the info of administrative machinery, execution, law and implementation info of the judiciary. The country  like England has no written Constitution at all.

According to the Constitutional Amendment no ninety two in the year, 2003, the Indian charter is consisted of 447 Articles, 12 schedules and 26 parts.

Popular Sovereignty:

It is really said withinside the preamble that India isn't always beneathneath any outdoor control. It’s a sovereign state beneathneath the human beings. The human beings may have proper to choose their representatives to rule for themselves to the govt. Hence, India capabilities a democratic device of state. Any citizen who's above 18 years elderly no matter religion, creed, caste, region, property, wealthy or bad, individual can execute grownup franchise and feature his represented for his/her welfare. It is very of tremendous provision inthe charter that the man or woman can also be from dire poverty or from an Industrialist may have proper to at least one vote and one vote may have one value. Therefore, famous sovereignly is extraordinarily vital function of the Constitution of India.

Partly Rigid and Partly Flexible:

When we study our constitutional record then we come to apprehend that sometime, someplace the articles of the charter are very inflexible to shape any change and someplace a few articles are without problems amended constant with the state of affairs exists. The article 368 of the Constitution gives for the change. At the identical time, simply in case of Jammu & Kashmir, the parliament possesses restricted rights to intrude withinside the affairs of this state. As towards this, during57 yrs. There are ninety two amendments are made withinside the charter and states like Nagaland , Sikkim, Jharkhand, Chhattisgarh etc. are newly created. Many articles are delivered constant with the existing context.

Provision of Fundamental Rights:

The charter of India ensures the fundamental Rights to every person no matter birth, caste, creed, sex, religion, race, language, region, age, education, wealthy, bad etc.: Articles from 12 as much as 35 mentions of Fundamental Rights.

The Fundamental Rights are as follows: - .

1) Right to Equality (equality earlier than regulation for everyone).

2) Right to Liberty (consists of freedoms).

i) Freedom of speech and expression;

Ii) Freedom of assembly;

Iii) Freedom of exercise any career or occupation;

Iv) Freedom of union or expert organization;

v) Freedom of staying everywhere in India;

Vi) Freedom to transport everywhere in India;

3) Right to freedom of faith.

4) Right towards Exploitation.

5) Cultural and educational Rights.

6) Right to Constitutional Remedies.

i) Habeas Corpus,

Ii) Mandamus,

Iii) Prohibition,

Iv) Quo-Warranto and

v) Certiorari.

The Right to Property are deleted from the Constitution in 1979 via way of means of forty fourth change.

* Article 17 of the charter have abolished the exercise of Untouchability and it is taken into consideration an offence cognizable.

* Article 23 prohibits pressured labour.

Thus via way of means of the availability of Fundamental Rights the charter have woven the thread of team spirit of the Indians.

Q11) Examine the importance of fundamental duties. (5)

A11) Importance of fundamental duties are:

Q12) Explain the following features of Indian Constitution. (12)

A12) Following are the features of Indian Constitution

Fundamental Rights: Provision of Fundamental Rights:

The charter of India ensures the fundamental Rights to every person no matter birth, caste, creed, sex, religion, race, language, region, age, education, wealthy, bad etc.: Articles from 12 as much as 35 mentions of Fundamental Rights.

The Fundamental Rights are as follows: - .

1) Right to Equality (equality earlier than regulation for everyone).

2) Right to Liberty (consists of freedoms).

i) Freedom of speech and expression;

Ii) Freedom of assembly;

Iii) Freedom of exercise any career or occupation;

Iv) Freedom of union or expert organization;

v) Freedom of staying everywhere in India;

Vi) Freedom to transport everywhere in India;

3) Right to freedom of faith.

4) Right towards Exploitation.

5) Cultural and educational Rights.

6) Right to Constitutional Remedies.

i) Habeas Corpus.

Ii) Mandamus.

Iii) Prohibition.

Iv) Quo-Warranto and

v) Certiorari.

* The Right to Property are deleted from the Constitution in 1979 via way of means of forty fourth change.

* Article 17 of the charter have abolished the exercise of Untouchability and it is taken into consideration an offence cognizable.

* Article 23 prohibits pressured labour.

Thus via way of means of the availability of Fundamental Rights the charter have woven the thread of team spirit of the Indians.

Federal System:

Federal characteristics of the Indian Constitution

1. Two  pairs of governments

India has two governments, the coalition government and the central government. The central government takes care of the whole country, and the state government works primarily for the state. The work of both governments is different.

2. Separation of powers

The authority between the central and state governments is divided by the Constitution of India. The seventh schedule of the Indian Constitution shows how the separation of powers takes place between the state and central governments. Both the central and state governments have separate powers and responsibilities.

The 7th schedule of the Indian Constitution consists of a union list, a state list, and a simultaneous list.

Union list

States list

Simultaneous list

3. Constitution

India has one of the largest constitutions in the world, consisting of 22 parts of 395 articles and 12 schedules. All articles of the Constitution of India are clearly written down and discussed in full detail.

4. Constitutional superiority

The Constitution of India is considered the supreme law of land. No law can be enacted or passed against the Indian Constitution. The Constitution of India is, among other things, the citizens and organizations of the country.

5. Supreme Judiciary

The Supreme Court of India is considered the Supreme Court of the State. The Supreme Court's decision is binding on all courts and has the power to interpret the provisions of the Constitution.

6. Bicameral-legislation

In India, the legislature is bicameral. There are two houses, Lok Sabha and Rajya Sabha. The Senate of Parliament representing the state is Rajya Sabha, and the House of Representatives of Parliament representing the people is Lok Sabha.

The Constitution of India is composed of characteristics of federalism such as division of power, supreme judiciary, two sets of governments, and bicameralism, and clearly shows the nature of the federation. The division of power between the state and central governments shows the federal nature of India, and the judicial dominance shows the absolute power of the Supreme Court to make its decisions the best and bind all courts. I am. However, the authority

Given to the central government is more important than that of the state government.

b.  Independence of Judiciary

Judiciary independence

The United States has adopted a system of separation of powers to ensure judicial independence. However, the constitutional system based on the concept of parliamentary sovereignty excludes the adoption of separation of powers. This is the case in the United Kingdom. This also applies in part to India. In India, the doctrines of parliamentary sovereignty and constitutional sovereignty are mixed. The meaning of judicial independence is the independence of the judge's exercise of function in an unbiased manner, that is, freed from any external force.

The need for judicial independence

Importance of judicial independence

The meaning of judicial independence is still unclear years after its existence. Our constitution by regulation only mentions the independence of the judiciary, but does not really define what the independence of the judiciary is. The main discussion of judicial independence is based on the doctrine of separation of powers, which discusses judicial independence as an institution from the executive branch and the legislature.

The principles of judicial independence are set out in various human rights documents, including the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights (Article 14). There are also some UN standards and European frameworks.

Q13) Explain the nature of Indian State as” Sovereign”, “ Secular” and “ Socialist” .  (12)

A13) Sovereign.

1. India is neither a dependency (colony) nor a dominion of any other nation.
2. It is free independent state and can conduct its internal and external affairs freely.
3. There is no authority above it.
4. Continuing membership of Commonwealth in 1949 does not affect sovereignty.
5. India became member of UN in 1945.
6. India can either acquire a foreign territory or cede a part of its territory to a foreign state.

Secular

The word "secularism" essentially means that national law is constructed independently of religion, in other words, on the basis of the separation of religion and state. Well, is this really going on? Certainly not. There are many examples of legislation enacted with religion in mind, but we have listed some of them. The existence of various personal laws, such as Indian Muslim personal law (which contains Shariah elements), Hindu personal law, and Christian personal law, goes against the concept of secularism itself. The Shabano case, led by Rajiv Gandhi, enacted a law depriving Muslim women of their dependents, thereby neutralizing court verdicts, a typical case of voting banking politics. This is not as secular as you can imagine. There are grants offered to Muslims to go to Hajj, but there are no such grants if Hindus want to go to Amanas Yatra. Hindu temples are controlled by the government, but churches and mosques are not under government jurisdiction. All these examples clearly suggest that Indian political parties, especially parliament, threw secularism into the trash and adopted the concept of pseudo-secularism. In other words, it means the minority appeasement. The current Minister of Interior Rajnath Singh very correctly states that secularism is India's most abused language. Now let's take secular from sovereign, socialist, secular and democratic republics.

India can never be claimed to be a secular country unless unified civil law is enforced and some of these discriminatory laws are abolished.

Socialist

After India's independence in 1947, the Government of India under Jawaharlal Nehru and Indira Gandhi oversaw land reform and nationalization of key industries and the banking sector. With all these measures, India has grown at a snail pace compared to neighboring countries such as Indonesia, South Korea and Taiwan. License Raj was rampant. This disillusioned the general public, especially after the global recession of the late 1970s. There were some reforms initiated by the Rajiv Gandhi government to reduce the license raj, but that was of little importance.

The reforms that changed the Rao1 game took place during the 1991 tenure of PV Nara Singh Harao, with Dr. Manmohan Singh as Finance Minister. The balance of payments crisis has pushed the country to bankruptcy. In exchange for the IMF's bailout, gold was transferred to London as collateral, the rupee was devaluated and economic reforms were forced on India. Controls began to be dismantled, tariffs, tariffs and taxes were reduced, national monopoly was broken, the economy was open to trade and investment, private sectors were encouraged, and globalization was slowly accepted.

The NDA government under Atal Bihari Vajpayee continued these reforms by privatizing poorly performing state-owned enterprises such as VSNL and Maruti Suzuki. The next UPA government began introducing 51% FDI in the retail sector, but had to withdraw due to pressure from allies and opposition. The NDA-2 government under Narendra Modi has opened 15 sectors to FDI and has also withdrawn some investments from companies such as SAIL and Coal India. It also revolutionized the coal industry by ending the central government's monopoly on coal mining.

The above summary clearly suggests that India is not really a socialist country and has been devoted to capitalism over the last 25 years. So we can strike out socialists from sovereign, socialist, secular and democratic republics.

Q14) Why Indian Constitution is known as the lengthiest Constitution in the world?                                                                                                                                                          (5)

A14) Indian Constitution is known as the lengthiest Constitution due to the following reasons:

1. Many Constitutional Mixtures: The Indian Constitution is a mixture of constitutions. The Constitutional Framer has studied the various constitutions of the world, incorporating only the best features and paying attention to the flaws encountered. For example, the concept of basic rights is inspired by the American Constitution. In the United States, basic rights are absolute, but in India there are reasonable restrictions due to public order and morals, etiquette, and morality. In terms of the Constitution of India being a "borrowing constitution," Dr. Bimlao Ambedkar said: More than 100 years have passed when the first written constitution was drafted. Since then, many other countries have reduced their constitutions in writing ... Given these facts, all the constitutions of the main provisions need to be similar. Even if there is a new constitution built at the end of the day, it is only a variation made to eliminate flaws and meet the needs of the country. "

The rules obtained from the various sources are as follows:

Indian Governance Act of 1935

Federal system

Governor's office

Judiciary

Public Service Committee

Emergency preparation

Management details

United Kingdom

Parliamentary government

Rule of law

Legislative procedure

Single citizenship

Cabinet system

Privileged warrant

Parliamentary privileges

Bicameral system

Ireland

National Policy Directive Principles

Nomination of members to Large Yasaba

How to elect the president

United States of America

Impeachment of the president

Functions of President and Vice President

Dismissal of judges in the Supreme Court and the High Court

Basic rights

Judicial review

Judiciary independence

Preamble to the Constitution

Canada

Federation with a strong center

Remainder vesting at the center

Appointment of Governor by Center

Supreme Court Advisory Jurisdiction

Australia

2. Detailed administrative rules: Constitutional lawmakers provide very detailed rules on domestic administrative procedures and functions. In this order, another article is provided that provides details on the functioning of the judiciary (Articles 124-147 for Union, Articles 214-231 for State), Election Commission (Article 324). ), Civil Service Committee (Articles 315 to 323), Judiciary Class Committee (Article 334B), Scheduled Castes (Article 338), Scheduled Tribes (Article 338A), etc. Apart from these, it also provides the functions of the Governor-General of India (Article 76), the Legal Officer, and each Legal Officer. State (Article 165), Legal Officers and Audit & Supervisory Board Members (Articles 148-151), Language Minority Special Officers (Article 350B), etc.

3. Inclusion of Unit Provisions: The US Constitution deals only with federal activities, not states. The Constitution of India provides provisions for both the Union and its units, the states. There is Part V (Articles 52-151) dealing with coalitions and Part VI (Articles 152-237) related to state regulations. Apart from these, there are Part VIII (Article 239 – 242), which deals with Union Territory, and Part IX (A) (Article 234p – 243zq), which deals with Panchayati and municipalities.

4. Special provisions for states: These states are given various special provisions to meet local issues and requirements in a particular state. As with its founding, there are the following articles dealing with the special status of the following states:

Article 370 – Jammu and Kashmir

Article 371 – Maharashtra and Gujarat

Article 371a – Nagaland

Article 371b – Assam

Article 371c – Manipur

Article 371d – Andhra Pradesh

Article 371f – Sikkim

Article 371g – Mizoram

Article 371h – Arunachal Pradesh

Article 371i – Gore

Article 371j – Karnataka

Apart from these, there are many provisions such as basic rights, national policy directive principles, basic obligations, strict and flexible processes of amendment, judicial review, legislative and administrative powers, official language, anti-deficiency law. Our Constitution, "The Longest Constitution in the World".

Q15) What do you understand by National Policy of Directive Principles? (8)

A15) The Directive Principles of National Policy (DPSP) are set out in Articles 36-51 of Article IV of the Constitution of India. DPSP is taken from the Irish Constitution. Dr. B. R. Ambedkar described these principles as "new features" of the Constitution.

The Constitution of India sets out specific directive principles of national policy that are the basis of national governance. Since these principles constitute a very comprehensive social, economic and political program for modern welfare states, it is the duty of each Indian state to apply these principles while enacting legislation.

These principles emphasize that the state seeks to promote the well-being of people by providing basic facilities such as shelters, food and clothing.

Unlike basic rights, the Directive Principles of National Policy (DPSP) are inherently non-binding and cannot be enforced by courts for breach. However, they impose moral obligations on state authorities to do so.

Characteristics of National Policy Directive Principles (DPSP)

1. It represents the ideals that a nation should keep in mind as it formulates policies and enacts legislation.

2. This is similar to the "Instructions" listed in the 1935 Indian Governance Act. In the words of Dr. BR Ambedkar, "The Directive Principles are like the governor-general and the instructions issued to the governor-general. The governor-general of the Indian colony by the British government under the Indian Governance Act of 1935.

What is called a directive principle is simply another name for the means of instruction. The only difference is that they are instructions to the legislature and the executive branch.

3. It is a very comprehensive economic and social for modern democracies, aimed at achieving the high ideals of justice, freedom, equality and friendship, as outlined in the preamble to the Constitution. Consists of a target and political program. They embody the concept of a "welfare state" that did not exist in the colonial era.

4. They are essentially unjustifiable, which means that they are not legally enforceable by the court for their breach.

5. Although not justified in nature, the Directive Principles help courts investigate and determine the constitutional validity of the law.