2nd set Flashcards
(102 cards)
1
Q
What does Article 1 of the Indian Constitution state?
A
India, that is, Bharat shall be a Union of States
2
Q
What is specified in Article 1(2) of the Indian Constitution?
A
Name and territory of the state is specified in the First schedule of the constitution
3
Q
What is the difference between Union of States and Territory of India?
A
States share power with the union government, whereas territories are directly governed by the union government
4
Q
What does Article 1(3) state about the territories of India?
A
The territories of India shall comprise:
* The territory of the states
* The union territories specified in the 1st schedule
* Other territories as may be acquired
5
Q
What does ‘Union’ include according to the Constitution?
A
Only states qualified for sharing the Federal system and eligible for sharing power between the union/central Government
6
Q
Give examples of territories acquired by India.
A
- Dadra and Nagar Haveli, Daman and Diu, Goa from Portuguese
- Puducherry from French Government
- Sikkim by referendum
7
Q
What power does Article 2 grant to Parliament?
A
Admission or establishment of new states
8
Q
What powers does Article 3 give to Parliament?
A
To alter the territory or integrity of its units/states without the state’s consent
9
Q
What are the procedures outlined in Article 3 for altering states?
A
- Recommendation of the President
- President refers to the state
- Views of the state legislature may be accepted or rejected
- No need to refer for union territories
10
Q
What does Article 4 state about amendments under Articles 2 and 3?
A
Amendments to the First and Fourth Schedules can be made by a simple majority and ordinary legislative process
11
Q
Can Indian territory be ceded to a foreign country?
A
Only by amending the Constitution under Article 368
12
Q
What was the recommendation of the Dhar Commission regarding state reorganization?
A
Reorganization based on administrative convenience rather than linguistic factors
13
Q
What did the Fazal Ali Commission recommend for state reorganization?
A
Language as the basis for reorganization but rejected ‘one language-one state’ theory
14
Q
What are the essential conditions for a country to be considered federal?
A
- Dual government
- Distribution of power
- Supremacy of the constitution
- Independent judiciary
15
Q
How does the Indian Constitution differ from typical federal systems?
A
- Mode of formation under Government of India Act 1935
- States were not sovereign entities before Independence
- Residuary power assigned to the union
- No separate constitution for states
16
Q
What is the significance of citizenship in India?
A
Ensures full and equal membership of a political community
17
Q
What does Article 5 of the Constitution state about Indian citizenship?
A
Defines who is a citizen based on domicile and birth in India
18
Q
What does Article 9 state regarding citizenship?
A
Individuals who voluntarily acquire the citizenship of a foreign state cannot be citizens of India
19
Q
How can citizenship be acquired according to the Citizenship Act 1955?
A
- By Birth
- By Descent
- By Registration
- By Naturalisation
- By incorporation of territory
20
Q
What are the grounds for termination of Indian citizenship?
A
- Renunciation
- Termination due to acquiring foreign citizenship
- Deprivation by the Central government
21
Q
What does the Citizenship Amendment Act 2019 propose?
A
Certain illegal migrants from Afghanistan, Bangladesh, and Pakistan will not be treated as illegal if they belong to specified religious communities and came before 31st December 2014
22
Q
What is the National Register for Citizens?
A
Contains names of all genuine Indian citizens and basic demographic profiles
23
Q
What is the purpose of the National Population Register?
A
Contains names of residents in India, irrespective of citizenship, and collects demographic and biometric data
24
Q
What are Fundamental Rights?
A
Entitlements or justified claims of individuals recognized by the Constitution
25
What is the historical background of Fundamental Rights in India?
* 1928 Nehru Report
* 1931 Karachi Session
* 1945 Tej Bahadur Sapru Report
26
What rights are only for citizens as per the Indian Constitution?
* Article 15(2) - Prohibition of discrimination
* Article 16 - Equality of opportunity
* Article 19 - Protection of certain rights
* Article 29 - Protection of interests of minorities
* Article 30 - Right of minorities to establish educational institutions
27
What does Article 12 define as 'the State'?
Includes government and parliament of India, state governments, and local authorities
28
What does Article 13 declare?
All laws inconsistent with or in derogation of Fundamental Rights shall be void
29
What does Article 13 declare about laws inconsistent with fundamental rights?
All laws that are inconsistent with or in derogation of any of the fundamental rights shall be void.
## Footnote
It implicitly provides for the doctrine of judicial review.
30
What types of laws are included in the term 'law' as per Article 13(3)?
* Permanent laws enacted by the Parliament or state legislatures
* Temporary laws like ordinances issued by the president or state governors
* Statutory instruments in the nature of delegated legislation
* Non-legislative sources of law, such as custom or usage having the force of law.
31
Is a Constitutional Amendment under Article 368 considered a law according to Article 13?
No, according to Article 13(4), it does not apply to any amendment of the Constitution made under Article 368.
## Footnote
This was inserted by the Constitution (Twenty-fourth Amendment) Act, 1971.
32
What does Article 14 guarantee?
The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.
33
What is meant by 'Equality before Law' as per Article 14?
Absence of any special privileges; inspired by the British concept, similar to Dicey’s Rule of Law.
34
What are the exceptions to immunity under Article 361?
* The president or Governor shall not be answerable to any court for the exercise and performance of their office
* No criminal proceedings shall be instituted against them during their term
* No civil proceedings shall be questioned against them while in office.
35
What does the concept of 'Equal protection of Law' imply?
Among equals, the law should be equal and equally administered; it allows for differentiation in different circumstances.
## Footnote
Encourages affirmative action.
36
What does Article 15 prohibit?
Discrimination on grounds of religion, race, caste, sex, or place of birth.
37
Who does Article 15 apply to?
It is available only to citizens and prohibits discrimination by both the state and private individuals.
38
What are the exceptions under Article 15?
* Special provisions for women and children under Article 15(3)
* Special provisions for socially and educationally backward classes under Article 15(4)
* Special provisions for Economically Weaker Sections under Article 15(6).
39
What is the aim of Article 16?
To ensure equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.
40
What are the exceptions provided in Article 16?
* Parliament can prescribe residence as a condition for certain employment
* Reservation of appointments for any backward class not adequately represented in state services.
41
What was the outcome of the M.R. Balaji case regarding reservation?
Set a maximum limit for reservation at 50% to ensure merit and efficiency.
42
What does Article 17 state regarding untouchability?
Untouchability is abolished and its practice in any form is forbidden.
43
What is the significance of Article 18?
No title shall be conferred by the State, except for military or academic distinctions.
44
What does Article 19 guarantee?
Six rights related to freedom for all citizens, including freedom of speech and expression, assembly, association, movement, residence, and profession.
45
What does Article 20 protect?
Protection against conviction for offences, ensuring no one is punished under a law that was not in force at the time of the offence.
46
What does Article 21 state regarding the right to life?
No person shall be deprived of his life or personal liberty except according to procedure established by law.
47
What are some unenumerated rights recognized under Article 21?
* Right to livelihood
* Right to privacy
* Right to shelter
* Right to health
* Right to free education up to 14 years of age
* Right to free legal aid.
48
What case established that the Right to privacy is protected under Article 21 of the Constitution?
Puttaswamy vs UOI
## Footnote
This case held that the Right to privacy is an intrinsic part of the Right to life and personal liberty.
49
What does Article 21 A of the Constitution guarantee?
Right to Education for children aged six to fourteen years
## Footnote
This was inserted by the 86th Constitutional Amendment Act, 2002.
50
What rights are guaranteed under Clause 1 of Article 22?
Right to be informed about the grounds of arrest and the right to consult a legal practitioner of one's choice
## Footnote
This clause ensures that no person shall be detained without being informed of the grounds for arrest.
51
What does Clause 2 of Article 22 state?
The right to be produced before a magistrate within 24 hours of arrest
## Footnote
Excludes time necessary for the journey from the place of arrest to the court.
52
Under Article 22, who is exempt from the rights provided in clauses (1) and (2)?
Enemy aliens and persons arrested under preventive detention laws
## Footnote
Article 22(3) specifies these exemptions.
53
What is preventive detention?
Detention of a person without trial to prevent them from committing a wrongful act
## Footnote
It differs from punitive detention.
54
What are the grounds for preventive detention authorized by the Constitution?
* Security of the state
* Maintenance of public order
* Maintenance of essential supplies and services
* Reasons connected with defence or foreign affairs
## Footnote
The Constitution allows the legislature to make provisions for preventive detention.
55
What does Article 23 prohibit?
Traffic in human beings and forced labour
## Footnote
It applies against both individuals and the state.
56
What exceptions does Article 23 provide regarding forced labour?
Compulsory service for public purposes
## Footnote
This does not prohibit forced labour as punishment for a criminal offence.
57
What does Article 24 state regarding child labour?
No child below the age of fourteen years shall be employed in hazardous work
## Footnote
This article imposes an absolute restriction on child labour.
58
What rights are ensured under Article 25 regarding freedom of religion?
* Freedom of conscience
* Right to profess, practice, and propagate religion
## Footnote
This right is subject to public order, morality, and health.
59
What does Article 26 allow for religious denominations?
Right to manage their own affairs in matters of religion
## Footnote
This includes establishing and maintaining institutions for religious purposes.
60
What does Article 27 prohibit?
Compulsion to pay taxes for the promotion of any particular religion
## Footnote
The state cannot use tax revenue to favor any religion.
61
What does Article 28 state about religious instruction in state-funded educational institutions?
No religious instruction shall be provided in institutions wholly maintained out of state funds
## Footnote
Exceptions apply if the institution is established under a trust requiring religious instruction.
62
What is the definition of minorities as recognized by the Constitution?
Non-dominant groups with distinct culture, language, and script
## Footnote
The Constitution recognizes linguistic and religious minorities.
63
What does Article 29 guarantee for minorities?
* Right to conserve distinct language, script, or culture
* Right to admission in state-funded educational institutions without discrimination
## Footnote
This applies to any section of citizens.
64
What rights does Article 30 grant to minorities?
Right to establish and administer educational institutions of their choice
## Footnote
The state cannot discriminate against minority-managed institutions in granting aid.
65
What change regarding property rights was made by the 44th Amendment Act of 1978?
Article 31A was repealed, and property rights were made a constitutional right under Article 300A
## Footnote
This states that no person shall be deprived of property except by authority of law.
66
What is the significance of Article 32 in the Constitution?
Right to move the Supreme Court for enforcement of rights
## Footnote
It is considered the cornerstone of the Constitution's framework.
67
What is a writ of habeas corpus?
A writ to address illegal detentions and wrongful arrests
## Footnote
It may be issued against any person, official or private.
68
What does a writ of mandamus command?
Directing public officials to perform a statutory duty
## Footnote
It cannot be issued against the President or Governor.
69
What is the purpose of a writ of prohibition?
To direct authorities to stop proceedings that exceed their jurisdiction
## Footnote
It is preventative, not curative.
70
What does a writ of certiorari allow?
Re-examination of orders given by lower authorities
## Footnote
It can be used to transfer cases or quash lower court orders.
71
What is the purpose of a writ of prohibition?
Directs inactivity of judicial and quasi-judicial authorities
## Footnote
Unlike mandamus, which directs activity, prohibition focuses on preventing actions.
72
What does the writ of certiorari do?
Re-examines orders from judicial, quasi-judicial, or administrative authorities
## Footnote
It can transfer cases or squash orders and is not available against legislative bodies.
73
What is the meaning of 'Quo-Warranto'?
'By what authority or warrant'
## Footnote
It questions the legality of a person's claim to a public office.
74
Which article allows Parliament to empower other courts to exercise Supreme Court powers?
Article 32(3)
## Footnote
High Courts can also exercise powers under Article 226.
75
What is the significance of Article 33?
Parliament can modify the application of Fundamental Rights for armed forces or intelligence organizations
## Footnote
Example: Civil Services (Pension) Rules, 1972.
76
What does martial law mean according to Article 34?
Military rule where civil administration is run by military authorities
## Footnote
It is different from national emergency as defined in Article 352.
77
What does Article 35 empower Parliament to do?
Make laws to give effect to specified Fundamental Rights
## Footnote
It ensures uniformity across India.
78
What is the purpose of Article 31A?
Saves laws providing for acquisition of estates against Articles 14 and 19
## Footnote
Must be reserved for the president's consideration.
79
What does Article 31B ensure?
Validation of acts and regulations included in the Ninth Schedule
## Footnote
Subject to judicial review for laws placed under it after April 24, 1973.
80
What is stated in Article 265?
No tax shall be levied or collected except by authority of law
## Footnote
This is part of the rights outside Part III.
81
What is the significance of Article 300-A?
No person shall be deprived of property save by authority of law
## Footnote
This is another right outside Part III.
82
What does Article 301 guarantee?
Trade, commerce, and intercourse throughout India shall be free
## Footnote
This is part of the rights outside Part III.
83
What is the objective of the Directive Principles of State Policy (DPSP)?
To create a welfare state
## Footnote
It is not merely a police state.
84
What articles encompass the DPSP?
Articles 36-51
## Footnote
They provide comprehensive economic and social policy guidelines.
85
What does Article 37 state about DPSP?
DPSP guidelines are non-enforceable and non-justiciable in court
## Footnote
They are fundamental in the governance of the country.
86
What are the three main things listed in the DPSP?
* Goals and objectives for society
* Rights beyond Fundamental Rights
* Policies the government should adopt
87
What is the classification of DPSP according to some scholars?
* Socialistic principles
* Gandhian principles
* Liberal and intellectual principles
88
What does Article 38 focus on?
Promoting the welfare of the people and minimizing income inequality
## Footnote
It is part of socialistic principles.
89
What is guaranteed by Article 39(a)?
Right to an adequate means of livelihood for both men and women
## Footnote
It is part of socialistic principles.
90
What does Article 39(b) promote?
Equitable distribution of resources
## Footnote
Ownership and control of resources should serve the common good.
91
What does Article 39(c) prevent?
Concentration of wealth in few hands
## Footnote
Example: Nationalization of banks.
92
What does Article 39(d) ensure?
Equal pay for equal work
## Footnote
Example: Equal remuneration act 1976.
93
What does Article 41 provide for?
Right to work, education, and public assistance in certain cases
## Footnote
Includes provisions for unemployment and old age.
94
What is the focus of Article 42?
Provision for just and humane conditions of work and maternity relief
## Footnote
Example: Maternity benefit amendment act 2017.
95
What does Article 47 mandate?
Duty of the State to raise nutrition levels and improve public health
## Footnote
It is part of socialistic principles.
96
What is the essence of Article 40?
Promotion of village panchayats as units of self-government
## Footnote
It reflects Gandhian principles.
97
What does Article 44 advocate for?
Uniform civil code for citizens
## Footnote
It aims for a single law applicable to all in personal matters.
98
What is the main focus of Article 45?
Provision for early childhood care and education for children below six years
## Footnote
Changed in the 86th amendment act 2002.
99
What does Article 51 promote?
International peace and security
## Footnote
Encourages just relations and respect for international law.
100
What was the significance of the 42nd Amendment Act in 1976?
Inserted the term 'Socialist' into the preamble
## Footnote
No definition is provided in the Constitution.
101
What does Article 48 focus on?
Organisation of agriculture and animal husbandry
## Footnote
It aims to preserve and improve breeds and prohibit slaughter.
102
What does Article 43A emphasize?
Participation of workers in the management of industries
## Footnote
It promotes co-operative societies.
