1st set Flashcards
(16 cards)
What is the meaning of Constitutionalism?
Limited form of Government, Adherence to the Rule of Law, Protecting Fundamental Rights
What are the elements of constitutionalism?
- Popular sovereignty
- Ensuring Political and civil liberties
- Representative Limited Government
- Civilian Control of the Military force
- Police governed by Law and Judicial Control
- An Independent Judiciary
What is the meaning of Constitution?
Fundamental principles according to which a state is constituted or governed, ensuring limited form of Government
What are the two main aspects concerned with the Constitution?
- The relation between the Government and the Citizens
- The relation between the different levels of the Government and people
What are the functions of the Constitution?
- Ensure minimal coordination amongst members of society
- How the government will be constituted
- Limits on the powers of the government
- Aspirations of the people
- Fundamental identity of the people
What does the current Constitution consist of?
Preamble, 22 parts, 470 Articles, 12 schedules, 106 Amendments
What is the Preamble?
An introductory statement in a constitution that states the reasons and guiding values of the constitution
What are Schedules in the Constitution?
- Lists that categorize and tabulate policy and bureaucratic activity of the Government
- FIRST SCHEDULE: The States & The Union territories
- SECOND SCHEDULE: Salaries of officials
- THIRD SCHEDULE: Forms of Oaths
- FOURTH SCHEDULE: Allocation of seats in the Council of States
- FIFTH SCHEDULE: Administration and Control of Scheduled Areas
- SIXTH SCHEDULE: Administration of Tribal Areas
- SEVENTH SCHEDULE: Union, State and Concurrent List
- EIGHTH SCHEDULE: Languages
- NINTH SCHEDULE: Validation of certain Acts
- TENTH SCHEDULE: Provisions as to disqualification on ground of defection
- ELEVENTH SCHEDULE: Powers of Panchayats
- TWELFTH SCHEDULE: Powers of Municipalities
What is an Amendment?
The process of making changes in the nation’s fundamental law or supreme law
What does the philosophy of the Indian constitution encompass?
- Political philosophy approach
- Definition of ‘rights’, ‘citizenship’, ‘minority’, ‘democracy’
- Interpretation of ideals embedded in the constitution
- Used to arbitrate between varying interpretations
What are the key features of the Preamble?
- Introduction to the Constitution
- Emphasizes reasons and guiding values
- Inspired from the American constitution
- Contains values from Objective resolution
True or False: The Preamble is a source of power to the legislature.
False
What was concluded in the Kesavananda Bharati v. State of Kerala case regarding the Preamble?
The Preamble is part of the Constitution, amendable but cannot violate basic features
What does the Preamble provide in terms of law and government action?
A standard to examine and evaluate any law and action of government
Fill in the blank: The exact constitutional status of India on 20th January, 1950 is A _______.
[SOVEREIGN DEMOCRATIC REPUBLIC]
What is the status of the Preamble in terms of enforceability?
Non-justiciable, provisions are not enforceable in courts of law
