3. Salient Features of Indian Constitution Flashcards
(326 cards)
1
Q
What is the significance of the Preamble of the Indian Constitution as a social contract?
A
The Preamble serves as a social contract by outlining the fundamental values and principles that guide the nation, reflecting the aspirations of the people and establishing the framework for governance and justice.
2
Q
What are the founding principles that define India’s Constitution?
A
The founding principles include justice, liberty, equality, and fraternity, which aim to promote the dignity of the individual and the unity and integrity of the nation.
3
Q
What is the purpose of the Fundamental Duties in the Indian Constitution?
A
The main goal is to generate civic responsibility among citizens, encouraging them to contribute positively to society and uphold the Constitution.
4
Q
What is the basic structure doctrine in the Indian Constitution?
A
The basic structure doctrine asserts that certain fundamental features of the Constitution cannot be altered or destroyed by amendments, ensuring the preservation of the Constitution’s core values.
5
Q
What is the significance of Article 32 of the Indian Constitution?
A
Article 32 provides the right to constitutional remedies, allowing individuals to approach the Supreme Court for the enforcement of their fundamental rights.
6
Q
How do the Directive Principles of State Policy relate to socio-economic justice?
A
They aim to establish a framework for achieving socio-economic justice by guiding the state in policy-making and ensuring that the rights and needs of the citizens are met.
7
Q
What is Ambedkar’s vision of constitutionalism?
A
Ambedkar’s vision emphasizes the importance of social justice, equality, and the protection of individual rights, advocating for a Constitution that serves the marginalized.
8
Q
What is the relevance of the Right to Privacy in the context of the right to life?
A
The Right to Privacy is considered intrinsic to the right to life, protecting individuals’ personal autonomy and dignity.
9
Q
What is the significance of the Preamble in the Indian Constitution?
A
The Preamble reflects the collective vision and aspirations of the nation, guiding the interpretation of the entire Constitution and its values.
10
Q
How does the Preamble aim to secure social welfare?
A
The Preamble commits to securing social, economic, and political justice, as well as ensuring the dignity of the individual.
11
Q
What does the Preamble signify about India’s governance?
A
The Preamble signifies India as a democratic republic, assuring democratic, social, and economic justice.
12
Q
How does the Preamble promote unity in diversity?
A
The Preamble promotes the unity of the nation while embracing its vast diversity, serving as a key to the Constitution.
13
Q
What role does the Preamble play in safeguarding fundamental rights?
A
The Preamble assures to secure for all citizens the fundamental rights outlined in the Constitution.
14
Q
What is the Preamble’s status according to the Supreme Court in the Berubari Case?
A
In the Berubari Case (1960), the Supreme Court held that the Preamble is not a part of the Constitution.
15
Q
What is the significance of the Preamble in the Indian Constitution as established in the Kesavananda Bharati v. State of Kerala case?
A
The case established that the Preamble is a part of the Constitution and integral to its interpretation.
16
Q
How did the A.K. Gopalan Vs State of Madras case interpret the role of the Preamble in constitutional interpretation?
A
The case held that the Preamble is not essential for interpreting the Constitution and should only be used when there is ambiguity.
17
Q
What was the conclusion of the Berubari Union Case regarding the Preamble’s role?
A
The Berubari Union Case concluded that the Preamble is not a source of substantive power but can assist in interpretation when there is ambiguity.
18
Q
What does the term ‘Sovereign’ signify in the context of the Preamble to the Indian Constitution?
A
The term ‘Sovereign’ signifies India’s autonomy and independence, as highlighted in Article 1.
19
Q
How does the Preamble reflect the principle of ‘Socialist’ in the Indian Constitution?
A
The principle reflects a commitment to social and economic justice, exemplified by initiatives like the National Rural Employment Guarantee Act (NREGA).
20
Q
What does the Preamble’s principle of ‘Secular’ entail in the Indian Constitution?
A
The principle entails maintaining neutrality in religious matters, ensuring that no religion is favored.
21
Q
What is the importance of ‘Democratic’ principles as outlined in the Preamble?
A
‘Democratic’ principles emphasize free elections, active citizen participation, and equality under the law.
22
Q
How does the Preamble address the concept of ‘Justice’ in the Indian Constitution?
A
The Preamble emphasizes the elimination of caste-based discrimination and promotes social justice.
23
Q
What role does ‘Liberty’ play according to the Preamble of the Indian Constitution?
A
‘Liberty’ includes freedom of speech, allowing citizens to express themselves and critique the government.
24
Q
How does the Preamble promote ‘Equality’ in the context of Indian democracy?
A
The Preamble promotes ‘Equality’ by highlighting the interdependence of democracy and socialism.
25
What does 'Fraternity' signify in the context of the Preamble to the Indian Constitution?
'Fraternity' signifies the importance of acknowledging and fostering a sense of brotherhood among citizens.
26
What does the term 'socialist' in the Preamble signify in the context of economic reforms since 1991?
It signifies a commitment to social and economic justice, reflecting a mixed economy where both public and private sectors coexist.
27
How have economic policies in India evolved since 1991 in relation to the term 'socialist' in the Preamble?
Economic policies have evolved to emphasize liberalization, privatization, and globalization while maintaining a commitment to social welfare.
28
What is the significance of social welfare in the context of socialism as understood in India?
Social welfare focuses on ensuring social and economic justice, addressing poverty and inequality.
29
What role does the Preamble play in balancing various ideals in Indian society?
The Preamble balances ideals such as socialism, secularism, and democracy, essential to uphold the diverse nature of Indian society.
30
How is secularism defined in the context of India as a secular state?
Secularism is defined by its commitment to maintaining equal respect for all religions and ensuring religious freedom.
31
What is the principle of Equal Treatment in Indian Secularism?
Equal Treatment prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.
32
What does Article 25 guarantee in the context of Indian Secularism?
Article 25 guarantees the right to freedom of religion, allowing citizens to practice any religion of their choice.
33
What is the significance of the S.R. Bommai v. Union of India case regarding Indian Secularism?
The case emphasized that secularism is one of the basic features of the Constitution.
34
What are the two key models of Indian Secularism discussed by scholars?
The two models are the Principled Distance Model and the Politically Negotiated Model.
35
What are the seven features of Indian secularism outlined by Rajiv Bhargava?
The seven features include Equidistance, Freedom of Religion, Interventions for Social Justice, and Protection of Religious Minorities.
36
What is the significance of Article 30 in the context of religious minorities?
Article 30 safeguards the interests of religious minorities, allowing them to establish educational institutions.
37
What does State Neutrality mean in the context of Indian secularism?
State Neutrality means the state maintains neutrality in religious matters and does not promote any religion.
38
What is the Principled Distance Model of secularism as proposed by Rajeev Bhargava?
The model advocates that the state should maintain an equal distance from all religions.
39
How does Ashutosh Varshney view the challenges of religious diversity in India?
He highlights the need for Indian secularism to effectively manage religious pluralism while fostering social harmony.
40
What is T.N. Madan's perspective on Indian secularism?
He acknowledges the uniqueness of Indian secularism, accommodating a variety of religious beliefs.
41
What does Rajni Kothari suggest about the concept of fraternity in Indian secularism?
He emphasizes the need to expand the concept of fraternity to ensure that religious diversity leads to unity.
42
How does Balveer Arora describe the essence of Indian secularism?
He describes it as allowing state intervention in religious affairs to regulate them, not to propagate any religion.
43
What role does the Preamble of the Indian Constitution play in the socio-political context?
The Preamble serves as a guide to understanding the present socio-political situation in India.
44
How does Granville Austin describe the Preamble of the Indian Constitution?
He describes it as the 'identity card of the Constitution,' emphasizing its significance.
45
What is the significance of Justice and Equality in the Preamble?
The reference to justice and equality is relevant in the context of social justice movements.
46
How does the Preamble address Secularism in India?
The commitment to secularism is crucial in the face of religious diversity.
47
What role does Liberty and Freedom play according to the Preamble?
The emphasis on liberty and freedom serves as a compass in discussions on individual rights.
48
What does the Preamble say about Fraternity?
The call for fraternity underscores the importance of social cohesion and unity.
49
What is Upendra Baxi's perspective on Liberty?
He emphasizes that 'Liberty is a rule of decision in law, like justice is a rule of decision in morality.'
50
What is the Preamble's role as a Vision Statement?
The Preamble outlines the aspirations and values of the nation, setting the tone for the Constitution.
51
How does the Preamble function as a guiding principle for legal interpretation?
It provides a clear ethos for interpreting the Constitution's articles and provisions.
52
What does the Preamble reflect about the Constituent Assembly's ideals?
It captures the essence of the debates and thoughts of the founding fathers.
53
How does the Preamble serve as a tool for social change?
Its assertion of social justice aims to address historical injustices and promote equity.
54
What is the legal standing of the Preamble in landmark cases?
In landmark cases, the Supreme Court upheld the Preamble as an integral part of the Constitution.
55
Why is the Preamble considered an educational tool?
It serves as an essential educational tool that informs citizens about their rights and duties.
56
What is the significance of the Preamble in contemporary India?
It encapsulates the core values that guide the nation's democratic ethos and legal interpretations.
57
How does the Preamble address issues of justice, liberty, and equality in India?
Its commitment is central in addressing contemporary issues such as social and economic disparities.
58
What role does the Preamble play in promoting secularism in India?
Its commitment to secularism provides a framework for navigating religious pluralism.
59
How does the Preamble influence the promotion of fraternity in India?
Its call for fraternity guides efforts to promote social cohesion and unity.
60
What is the role of the Supreme Court in interpreting the Preamble's principles?
The Supreme Court plays a pivotal role in interpreting the Constitution's principles as highlighted in the Preamble.
61
What is the Preamble's influence on fraternity in India?
The Preamble's call for fraternity guides efforts to promote social cohesion and unity, inspiring initiatives focused on cultural exchange, interfaith dialogues, and communal harmony in a diverse nation.
62
What is the role of the Supreme Court in interpreting the Preamble's principles?
The Supreme Court of India plays a pivotal role in interpreting the Constitution's principles as highlighted in the Preamble, applying its ideals to contemporary challenges through landmark judgments.
63
How does the Preamble relate to environmental concerns in India?
The Preamble's commitment to justice, liberty, equality, and fraternity extends to environmental issues, advocating for ecological justice and reflecting India's commitment to sustainable practices.
64
What are Fundamental Rights in India?
Fundamental Rights are enshrined in Part III (Articles 12 to 35) of the Indian Constitution, guaranteeing individual liberties and freedoms essential for democracy.
65
What historical documents influenced the development of Fundamental Rights?
The Magna Carta (1215) and the English Bill of Rights (1689) established principles that influenced the development of individual rights.
66
Who played a crucial role in shaping the Fundamental Rights in the Indian Constitution?
Dr. B.R. Ambedkar, the Chairman of the Drafting Committee, played a crucial role in shaping the Fundamental Rights in the Indian Constitution.
67
What is the significance of the Kesavananda Bharati case (1973) in relation to Fundamental Rights?
The Kesavananda Bharati case established the doctrine of the 'basic structure' of the Constitution, meaning that Fundamental Rights cannot be abrogated by constitutional amendments.
68
What is the Right to Equality as per the Indian Constitution?
The Right to Equality is guaranteed under Articles 14-18 of the Indian Constitution, ensuring equal treatment and prohibiting discrimination.
69
What role does the Supreme Court of India play regarding Fundamental Rights?
The Supreme Court of India interprets Fundamental Rights and safeguards them, allowing individuals to seek remedies for violations.
70
What are the key Fundamental Rights guaranteed by the Indian Constitution?
Key Fundamental Rights include the Right to Equality, Right to Freedom, Right Against Exploitation, Right to Freedom of Religion, Cultural and Educational Rights, and Right to Constitutional Remedies.
71
What is the significance of Fundamental Rights in the Indian Constitution?
Fundamental Rights are essential for the protection of individual freedoms, safeguarding against state tyranny, promoting equality, ensuring freedom of expression, protecting religious freedom, providing access to justice, and upholding the basic structure of the Constitution.
72
How do Fundamental Rights protect individual liberties?
Fundamental Rights protect individual liberties by ensuring that citizens have freedoms that cannot be infringed upon by the state, as emphasized by Dr. B.R. Ambedkar, who stated that 'Freedom of mind is the real freedom.'
73
What role do Fundamental Rights play in safeguarding against state tyranny?
Fundamental Rights act as a shield against state abuse of power, ensuring that the government does not become authoritarian and infringe upon citizens' rights, as demonstrated in the case of Maneka Gandhi v. Union of India (1978).
74
How do Fundamental Rights promote equality in India?
Fundamental Rights guarantee equal treatment under the law and aim to eliminate discrimination based on religion, race, caste, sex, or place of birth, as stated in Article 15 of the Constitution.
75
What is the importance of the Right to Freedom of Speech and Expression?
The Right to Freedom of Speech and Expression enables citizens to express their views freely, which is crucial for democracy, as upheld in the case of Shreya Singhal v. Union of India (2015).
76
How do Fundamental Rights ensure protection of religious freedom?
Fundamental Rights guarantee the right to freedom of religion, allowing individuals to practice, profess, and propagate their faith, as protected under Article 25 of the Constitution.
77
What is the Right to Constitutional Remedies and its significance?
The Right to Constitutional Remedies (Article 32) empowers citizens to approach the Supreme Court directly in case of violations of Fundamental Rights, highlighting the importance of access to justice.
78
What is the relationship between Fundamental Rights and the basic structure of the Constitution?
Fundamental Rights are considered an essential part of the 'basic structure' of the Constitution, as established in the Kesavananda Bharati case (1973), ensuring that amendments do not violate core constitutional principles.
79
What does Article 32 of the Indian Constitution allow?
Article 32 allows citizens to approach the Supreme Court directly, reinforcing the enforceable nature of Fundamental Rights.
80
What is the significance of Article 14 in the context of Fundamental Rights?
Article 14 ensures equality before the law, emphasizing legal equality for all, as upheld in the case of State of West Bengal v. Anwar Ali (1952).
81
What does the term 'inalienable' refer to in the context of Fundamental Rights?
Inalienable refers to the nature of Fundamental Rights that cannot be taken away, such as the abolition of untouchability in Article 17, which underscores human dignity.
82
How can Fundamental Rights be restricted according to Article 19(2)?
Article 19(2) specifies that Fundamental Rights can be restricted for public order or morality, allowing for reasonable limits as demonstrated in Union of India v. Naveen Jindal (2004).
83
What is the relationship between Fundamental Rights and democracy according to Upendra Baxi?
Upendra Baxi remarked that 'Democracy is meaningless without human rights,' underscoring the importance of Fundamental Rights in a democratic society.
84
What does Article 12 define in the context of Fundamental Rights?
Article 12 defines the term 'State' within the context of Fundamental Rights, establishing the scope of rights applicable to citizens.
85
What is the purpose of Article 32 in the Indian Constitution?
Article 32 establishes the Right to Constitutional Remedies, enabling citizens to seek legal remedies for violations of their Fundamental Rights.
86
What do Articles 14 to 18 collectively enshrine?
Articles 14 to 18 collectively enshrine the Right to Equality, ensuring that all individuals are treated equally before the law.
87
What is the role of the judiciary in relation to Fundamental Rights?
The judiciary acts as the guardian of Fundamental Rights, ensuring their enforcement and protection against state infringement.
88
What does Article 14 of the Indian Constitution ensure?
Article 14 ensures equality for all citizens before the law within the territory of India.
89
What is the significance of Article 15 in the Indian Constitution?
Article 15 prohibits discrimination on grounds of religion, race, caste, sex, or place of birth and empowers the state to make special provisions for disadvantaged groups.
90
What does Article 16 guarantee regarding public employment?
Article 16 ensures equality of opportunity in matters of public employment and prohibits discrimination based on religion, race, caste, sex, descent, place of birth, and residence.
91
What does Article 17 of the Indian Constitution abolish?
Article 17 abolishes 'untouchability' and forbids its practice in any form, aiming to eliminate a historic form of discrimination.
92
What freedoms does Article 19 provide?
Article 19 provides six freedoms, including freedom of speech and expression, freedom to assemble peacefully, and freedom to move throughout the territory of India.
93
How does the Right to Information (RTI) Act enhance democracy according to Amartya Sen?
Amartya Sen argues that access to information is crucial for the effective functioning of democracy and ensuring that government actions are consistent with public interests.
94
What role does Arvind Kejriwal attribute to the RTI Act?
Arvind Kejriwal views the RTI Act as a tool that empowers citizens to hold the government accountable, enabling them to become 'watchdogs of democracy.'
95
What impact does Shailesh Gandhi believe the RTI Act has on government-citizen relations?
Shailesh Gandhi believes the RTI Act is a powerful tool that can change the power dynamics between the government and citizens, making the state more accountable and responsible.
96
What does Venkatesh Nayak advocate for regarding the RTI regime?
Venkatesh Nayak advocates for strengthening and protecting the RTI regime to uphold democratic principles and promote transparency while curbing corruption.
97
How does Anjali Bhardwaj view the RTI Act in terms of government responsiveness?
Anjali Bhardwaj sees the RTI Act as instrumental in ensuring that governments remain responsive to the needs and aspirations of citizens.
98
What protections does Article 20 guarantee?
Article 20 guarantees protection against double jeopardy and self-incrimination, ensuring fair treatment under the law.
99
What is the Right Against Exploitation as defined in Articles 23-24?
The Right Against Exploitation, as defined in Articles 23-24, prohibits trafficking in human beings and forced labor (Article 23) and the employment of children in factories and hazardous jobs (Article 24), aiming to eliminate modern forms of slavery and protect children's rights to education and a safe environment.
100
What does Article 25 of the Indian Constitution guarantee?
Article 25 guarantees the freedom to practice, profess, and propagate any religion, promoting India's secular nature.
101
What is the significance of Article 32 in the Indian Constitution?
Article 32 provides the right to move the Supreme Court for the enforcement of Fundamental Rights, ensuring protection and judicial remedies for citizens' rights, and is considered the 'heart and soul' of the Constitution by Dr. B.R. Ambedkar.
102
What are the types of writs that the Supreme Court can issue under Article 32?
Under Article 32, the Supreme Court can issue writs including habeas corpus, mandamus, prohibition, quo warranto, and certiorari, each serving specific functions for the enforcement of citizens' rights.
103
What does Article 29 of the Indian Constitution protect?
Article 29 protects the rights of minorities to conserve their language, script, or culture, promoting cultural diversity.
104
What is the purpose of Article 30 in the Indian Constitution?
Article 30 guarantees the right of minorities to establish and administer educational institutions, contributing to educational diversity.
105
What is Quo Warranto?
Quo Warranto is a legal proceeding used to challenge the legality of a person's right to hold a public office.
106
What does Certiorari mean in legal terms?
Certiorari refers to the process of transferring a matter from a lower court to a higher court.
107
What is the significance of Article 32 in the Indian Constitution?
Article 32 is significant as it provides citizens a direct path to the Supreme Court for redressal of rights violations and is a cornerstone for protecting Fundamental Rights.
108
How does Article 32 facilitate judicial review?
Article 32 facilitates judicial review by enabling the Supreme Court to examine the constitutionality of legislative and executive actions, thus maintaining the supremacy of the Constitution.
109
What landmark case expanded the interpretation of the right to life under Article 21?
The landmark case Menaka Gandhi v. Union of India (1978) expanded the interpretation of the right to life under Article 21, linking it with the right to live with dignity.
110
What was the outcome of the Kesavananda Bharati v. State of Kerala case?
In the Kesavananda Bharati v. State of Kerala case (1973), the Supreme Court ruled that certain fundamental aspects of the Constitution could not be altered by parliamentary amendments, delineating the basic structure doctrine.
111
What was the controversial decision made during the Habeas Corpus Case (ADM Jabalpur v. Shivkant Shukla, 1976)?
During the Habeas Corpus Case, the Supreme Court controversially held that the right to life and liberty could be suspended during the Emergency, a decision later criticized as a low point in the judiciary's history.
112
What role does Article 32 play in educating the public about their fundamental rights?
Article 32 plays an educational role by raising public awareness about fundamental rights through significant media attention on the Supreme Court's judgments related to it.
113
What is the significance of Article 32 in the context of Fundamental Rights?
Article 32 has been used by the Supreme Court to broaden the scope of Fundamental Rights, allowing for expansive interpretations that address various social issues, such as bonded labor.
114
How has Public Interest Litigation (PIL) evolved in India through Article 32?
Article 32 facilitated the growth of Public Interest Litigation (PIL) in India, enabling citizens and activists to bring broader societal concerns directly to the Court.
115
What role does Article 32 play in protecting minority rights?
Article 32 ensures that marginalized communities can seek judicial protection and redressal, acting as a defender of minority rights.
116
What innovative remedies has the Supreme Court crafted under Article 32?
The Supreme Court has crafted innovative remedies under Article 32, including compensation and rehabilitation for justice.
117
How does Article 32 prevent state excesses?
Article 32 deters governmental overreach by encouraging authorities to adhere to constitutional norms, thus preventing state excesses.
118
In what way does Article 32 promote accountability in governance?
Article 32 allows citizens to hold public officials accountable, ensuring that governance actions are scrutinized and transparent.
119
How does Article 32 reinforce constitutionalism and democracy?
Article 32 reinforces constitutionalism and democratic governance by ensuring that Fundamental Rights are enforceable and practical.
120
What is the rationale behind the reservation policy in India?
The rationale behind the reservation policy is to uplift historically disadvantaged groups, as they may not be able to achieve equality on their own due to historical injustices.
121
What historical background led to the establishment of reservation policies in India?
The roots of reservations in India can be traced back to the British colonial period, but the formal system was initiated after independence in 1947 to rectify historical injustices.
122
What are the key constitutional provisions related to reservations in India?
Key Articles related to reservations include 15(4) for socially and educationally backward classes, 15(5) for economically weaker sections, and 16(4) for public employment.
123
What does Article 46 promote?
Article 46 promotes the educational and economic interests of Scheduled Castes, Scheduled Tribes, and other weaker sections.
124
What was the significance of the M.R. Balaji vs. State of Mysore (1963) judgment?
The Supreme Court ruled that reservations exceeding 50% of the total seats are unconstitutional and that economic considerations alone cannot be the sole basis for reservations.
125
What did the Indra Sawhney vs. Union of India (1992) case establish regarding reservations?
The case upheld the legality of reservations for Other Backward Classes (OBCs) in public employment with a 27% cap and emphasized that reservations should not exceed 50% to exclude the 'Creamy Layer.'
126
What clarification did the E.V. Chinnaiah vs. State of Andhra Pradesh (2005) judgment provide?
The judgment clarified the concept of the 'Creamy Layer' among OBCs, stating that those who have already availed benefits of reservations in public employment should be excluded from further benefits.
127
What conditions did the M. Nagaraj vs. Union of India (2006) judgment lay down for reservations in promotions?
The judgment emphasized that the state should collect quantifiable data to justify reservations for SCs and STs in promotions, assessing 'backwardness' and inadequate representation.
128
What was the ruling in Ashoka Kumar Thakur vs. Union of India (2008) regarding OBC reservations?
The Court ruled that the central government's 27% OBC reservation policy for higher education institutions was valid, stating that backwardness for reservation should be judged by caste, not economic status.
129
What did the Jarnail Singh vs. Lachhmi Narain Gupta (2018) judgment clarify about the 'creamy layer' principle?
The judgment clarified that the 'creamy layer' principle applies to SCs and STs as well, reinforcing the exclusion of the most economically advanced individuals from reservation benefits.
130
What did the Saurav Yadav vs. State of Uttar Pradesh (2020) judgment affirm about reservation limits?
The judgment affirmed that the 50% reservation limit must not ordinarily be exceeded, but recognized extraordinary situations as reasons for exceeding the cap.
131
What was Dr. B.R. Ambedkar's view on reservations?
Dr. B.R. Ambedkar advocated for reservations for SCs and STs, believing they were essential to uplift historically marginalized communities and provide equal opportunities.
132
What is Kancha Ilaiah's perspective on reservations?
Kancha Ilaiah argues that reservations are crucial for rectifying historical injustices and should be extended to other marginalized groups like OBCs, playing a significant role in their upliftment.
133
What criticism did Bhagwan Das have regarding the reservation system?
Bhagwan Das criticized the extension of reservations to OBCs, arguing that they are not the best means to achieve social justice and could lead to more inequality among beneficiary groups.
134
What does Ashwini Deshpande emphasize about reservations?
Ashwini Deshpande emphasizes the need for reservations to combat caste-based inequalities while highlighting the importance of extending benefits to the truly disadvantaged within beneficiary groups.
135
What is Andre Beteille's view on reservations?
Andre Beteille believes that while reservations are crucial for social justice, there is a need to constantly evaluate and refine policies to prevent inefficiencies.
136
What concern does Rajiv Malhotra raise about reservations?
Rajiv Malhotra argues that reservations may create a sense of entitlement and dependency, suggesting alternative ways to uplift marginalized communities.
137
What is the 'creamy layer' in the context of reservation policies?
The 'creamy layer' refers to individuals from reserved categories who have achieved a certain level of economic prosperity and may not require the benefits of reservations. The criteria for identifying the creamy layer have evolved, including debates over the income limit and its periodic revision.
138
What are the implications of extending reservations to the private sector?
The extension of reservations to the private sector has sparked debates over practicality, feasibility, and potential impact on economic growth and employment, as the Indian Constitution currently provides for reservations in government jobs and educational institutions only.
139
What is the significance of the 50% limit on reservations set by India's Supreme Court?
The 50% limit on total reservations, including those for SCs, STs, and OBCs, is significant as it aims to maintain a balance in representation. Breaching this cap has led to legal challenges and debates about the constitutional validity of such actions, as seen in Tamil Nadu's attempt to exceed this limit.
140
How do reservation policies impact political representation in India?
Reservation policies provide reserved seats in local bodies, state legislatures, and Parliament, leading to increased political participation and representation of SCs, STs, and OBCs, thereby enhancing political empowerment as mandated by the 73rd and 74th Constitutional Amendments.
141
What are the concerns regarding the impact of reservations on higher education?
Concerns regarding reservations in higher education include the potential lowering of academic standards and the perpetuation of caste-based identity politics, despite proponents arguing that reservations have increased representation of marginalized communities in this sector.
142
What is Article 17 of the Indian Constitution?
Article 17 of the Indian Constitution is a provision aimed at eradicating untouchability, stating that 'Untouchability' is abolished and forbidden in any form, emphasizing the importance of treating every individual as equal and recognizing untouchability as a violation of human dignity.
143
What are the challenges in implementing Article 17 effectively?
Implementing Article 17 effectively has been challenging due to unreported discriminatory practices and resistance faced by marginalized individuals when seeking legal recourse.
144
How does Dr. B.R. Ambedkar view the abolition of untouchability?
Dr. B.R. Ambedkar viewed the abolition of untouchability as a critical step toward achieving social justice, essential for ensuring equal rights and dignity for all citizens.
145
What limitations have scholars pointed out regarding Article 17?
Scholars have pointed out that despite legal provisions, untouchability persists in various forms, indicating that legislation alone is insufficient for meaningful social change.
146
What is the concept of 'elite capture' in the context of reservations?
'Elite capture' refers to the phenomenon where the more affluent individuals among reserved categories receive the most benefits from reservation policies, undermining the intended support for the disadvantaged.
147
What is the significance of addressing broader structural inequalities beyond reservations?
Addressing broader structural inequalities is significant as it recognizes that reservations alone may not resolve deeper issues of disadvantage related to class, gender, and other intersecting factors.
148
What is the significance of the Right to Information (RTI) Act in India?
The RTI Act promotes transparency and accountability in governance by enabling citizens to request information from public authorities, thereby empowering them and serving as a check on corruption.
149
What are the six freedoms guaranteed under Article 19 of the Indian Constitution?
The six freedoms are: 1) Freedom of speech and expression, 2) Freedom to assemble peacefully without arms, 3) Freedom to form associations or unions, 4) Freedom to move freely throughout the territory of India, 5) Freedom to reside and settle in any part of the territory of India, 6) Freedom to practice any profession or to carry on any occupation, trade, or business.
150
What does 'reasonable restriction' mean in the context of the Right to Freedom in the Indian Constitution?
Reasonable restriction refers to limitations on freedoms that can only be imposed by law, not by executive order, and only for specific situations outlined in the Constitution, such as in the interest of sovereignty or security of the state.
151
How does the RTI Act empower citizens in a democracy?
The RTI Act empowers citizens by allowing them to seek and receive information about government operations, promoting an informed citizenry which is vital for the functioning of a true democracy.
152
What challenges hinder the effective implementation of the Right to Information Act?
Challenges include exemptions under the Act that restrict access to information, which can lead to issues regarding transparency and accountability in government operations.
153
What is the significance of Article 20 in the Indian Constitution?
Article 20 provides protection against double jeopardy and self-incrimination, ensuring that an individual cannot be tried for the same offense more than once and cannot be compelled to testify against themselves.
154
What does Article 21 of the Indian Constitution safeguard?
Article 21 safeguards an individual's right to life and personal liberty, except according to the procedure established by law.
155
What was the outcome of the Supreme Court case Shreya Singhal v. Union of India?
The Supreme Court upheld the right to freedom of speech and expression online by striking down Section 66A of the Information Technology Act, which allowed the arrest of individuals for online posts.
156
What does Article 21A of the Indian Constitution establish?
Article 21A, added by the 86th Amendment Act of 2002, establishes the right to education as a fundamental right for children between the ages of 6 and 14 years.
157
What challenges does the RTI Act face regarding public awareness?
A significant challenge is the lack of awareness among citizens, especially in rural and remote areas, about their rights under the RTI Act, necessitating widespread campaigns to educate them on its effective use.
158
What are the implications of the digital divide on the RTI Act?
The digital divide limits the reach and effectiveness of the RTI Act, as a significant portion of the Indian population does not have access to the necessary technology for digital filing of RTI requests.
159
What was revealed in Subhash Chandra Agarwal's Case regarding RTI?
Subhash Chandra Agarwal's Case was a landmark RTI inquiry that revealed details of controversial land deals involving Robert Vadra, highlighting issues of corruption and transparency.
160
How does the Supreme Court's ruling on the Chief Justice of India relate to the RTI Act?
In 2019, the Supreme Court ruled that the office of the Chief Justice of India comes under the ambit of the RTI Act, emphasizing that transparency does not undermine judicial independence.
161
What does the right to assemble peacefully entail according to the Supreme Court?
The right to assemble peacefully does not include the right to commit violence, as clarified by the Supreme Court in Kedar Nath Singh v. State of Bihar.
162
What is the significance of Article 21 in the Indian Constitution?
Article 21 provides for the protection of an individual's right to life and personal liberty, stating that no person shall be deprived of these rights except according to the procedure established by law. It encompasses a wide range of rights and freedoms, including the right to live with human dignity.
163
What landmark case expanded the scope of Article 21 regarding personal liberty?
The landmark case is Maneka Gandhi v. Union of India (1978), where the Supreme Court emphasized that the right to life and personal liberty cannot be restricted arbitrarily and must be just, fair, and reasonable, thereby upholding procedural safeguards and principles of natural justice.
164
How does the Supreme Court case Kharak Singh v. State of Uttar Pradesh (1963) relate to Article 21?
In Kharak Singh v. State of Uttar Pradesh (1963), the Supreme Court recognized that the right to personal liberty includes the right to privacy, stating that an individual's house cannot be searched without valid grounds and legal procedures, contributing to the establishment of the right to privacy as a fundamental right.
165
What current issues are associated with Article 21 regarding custodial deaths?
Current issues include concerns about custodial deaths and extrajudicial encounters, which raise questions about the excessive use of force and the need for accountability despite legal safeguards.
166
What are the implications of preventive detention laws on Article 21?
Preventive detention laws allow individuals to be detained without trial for extended periods, leading to concerns about violations of an individual's right to personal liberty as protected under Article 21.
167
What ethical debate surrounds euthanasia in the context of Article 21?
The debate surrounding euthanasia involves an individual's right to die with dignity, which remains a significant issue under Article 21, raising legal and ethical questions about end-of-life decisions.
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What is the significance of the right to privacy in relation to Article 21?
The right to privacy is intrinsically linked to the right to life, serving as a critical human right that underpins personal autonomy, dignity, and freedoms essential for a meaningful existence.
169
What does Article 21A of the Indian Constitution entail?
Article 21A mandates that the State shall provide free and compulsory education to all children in the age group of 6 to 14 years, making education a fundamental right.
170
How did the Supreme Court's 'Puttaswamy case' (2017) impact the understanding of privacy in India?
The Supreme Court's 'Puttaswamy case' recognized privacy as a fundamental right under Article 21 of the Constitution, highlighting its importance for human dignity and freedom.
171
What was the outcome of the Unni Krishnan vs. State of Andhra Pradesh (1993) case regarding education?
The Supreme Court emphasized the importance of the right to education and highlighted that the State has a duty to provide education, reinforcing the significance of Article 21A.
172
What role does privacy play in preventing abuse and protecting individual rights?
A safeguarded right to privacy protects against surveillance, data breaches, and invasions of personal space, mitigating risks like domestic violence or harassment.
173
What is the significance of the Mohini Jain vs. State of Karnataka case in relation to the right to education?
The Mohini Jain vs. State of Karnataka case upheld the right to education as a fundamental right, ruling that the government has an obligation to provide education facilities.
174
What does the Right of Children to Free and Compulsory Education Act (RTE Act), 2009 entail?
The RTE Act provides detailed guidelines for implementing the right to education, ensuring that every child between the ages of 6 to 14 years has the right to full-time elementary education of satisfactory and equitable quality.
175
What is the 'No Detention Policy' as per the RTE Act?
The 'No Detention Policy' meant that no child admitted in a school shall be held back in any class or expelled until the completion of elementary education, aimed at reducing dropout rates and stress among children.
176
What is the requirement for private schools under the RTE Act regarding seat reservations?
Private schools must reserve 25% of seats for economically disadvantaged communities in their incoming class, ensuring diversity and access to quality education for all.
177
What are some challenges faced in the implementation of the RTE Act?
Challenges include quality of education, infrastructure gaps, inadequate teacher training and vacancies, financial constraints, inclusion issues for marginalized communities, and the impact of the no detention policy.
178
What is Article 23 in the Indian Constitution?
Article 23 prohibits trafficking in human beings and forced labor, declaring these practices illegal and providing for punishment of those involved, with the primary purpose of protecting the dignity and fundamental rights of individuals.
179
What does Article 24 of the Indian Constitution state?
Article 24 prohibits the employment of children under the age of 14 in factories, mines, or hazardous employment, aligning with international standards on child labor to protect children's rights and well-being.
180
What is the significance of religious freedom as outlined in Articles 25-28 of the Indian Constitution?
Religious freedom protects individuals' rights to live, speak, and act according to their beliefs peacefully and publicly, ensuring they do not have to compromise their core values and beliefs to conform to culture or government.
181
What is Article 25 of the Indian Constitution?
Article 25 guarantees every person the right to freely profess, practice, and propagate their religion, ensuring autonomy in following religious beliefs without interference.
182
What does Article 26 of the Indian Constitution provide?
Article 26 grants religious denominations or groups the right to manage their religious affairs, including establishing institutions and preserving customs and traditions.
183
What is the significance of Article 27 in the Indian Constitution?
Article 27 ensures that no person is compelled to pay taxes used for the promotion or maintenance of any religion, protecting individuals from financial burdens related to religions they do not belong to.
184
What does Article 28 state regarding religious instruction in educational institutions?
Article 28 prohibits religious instruction in state-funded educational institutions, ensuring the secular character of education.
185
What was clarified in the Shirur Mutt Case (1954) regarding Article 25?
The Shirur Mutt Case clarified that the term 'religion' in Article 25 includes not only beliefs but also practices regarded as integral to religion.
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What did the Supreme Court rule in the case of Sardar Saifuddin v. State of Bombay (1962) concerning Article 26?
The Supreme Court emphasized that the state can regulate religious practices only to ensure public order, morality, and health, upholding the freedom of religious institutions to manage their affairs.
187
What is the significance of Article 32 in the Indian Constitution?
Article 32 is a powerful tool for the enforcement of fundamental rights, allowing citizens to directly approach the Supreme Court to protect their rights, enabling judicial review, and promoting accountability and constitutionalism.
188
How does the Supreme Court's ruling in D.A.V. College, Jallandhar v. State of Punjab (1971) relate to secularism in education?
The Supreme Court held that religious instruction in state-funded institutions violated Article 28, reinforcing the principle of secularism in state education.
189
What was the original purpose of Article 31 in the Indian Constitution?
Article 31 originally dealt with property rights, but it was significantly amended, and fundamental property rights are no longer part of it due to the government's need for land reforms and social justice programs.
190
What does the Basic Structure Doctrine entail as established in the Kesavananda Bharati v. State of Kerala (1973) case?
The Basic Structure Doctrine holds that while Parliament can amend the Constitution, it cannot alter its 'basic structure,' which includes fundamental rights, ensuring their protection.
191
What role does Public Interest Litigation (PIL) play in the context of Article 32?
PIL acts as a catalyst for addressing societal concerns and ensuring access to justice, allowing individuals to seek judicial intervention for the public good.
192
What is Article 32 in the context of the Indian Constitution?
Article 32 is referred to as a transcendental constitutional remedy available to every citizen, underscoring the importance of fundamental rights and the role of the Supreme Court as a protector of these rights.
193
How does Fali S. Nariman describe the significance of Article 32?
Fali S. Nariman describes Article 32 as not only providing a direct remedy for the enforcement.
194
How does Fali S. Nariman describe the significance of Article 32?
Fali S. Nariman describes Article 32 as not only providing a direct remedy for the enforcement of rights but also as a command to the Supreme Court to protect the supremacy of the Constitution, foundational to India's commitment to constitutional democracy.
195
What role does Upendra Baxi attribute to Article 32 in public interest litigation?
Upendra Baxi views Article 32 as a dynamic tool for public interest litigation (PIL), which the Supreme Court has used to advance and protect the socio-economic rights of marginalized groups, transforming it into a pivotal element of social justice in India.
196
What landmark cases were brought under Article 32 and what was their significance?
Landmark cases such as Kesavananda Bharati v. State of Kerala (1973) and Menaka Gandhi v. Union of India (1978) reinforced the protection of fundamental rights and expanded their interpretation, emphasizing their significance in a democratic society.
197
What is the significance of Article 368 in relation to Fundamental Rights?
Article 368 pertains to the power of Parliament to amend the Constitution, providing a legal framework for amending Fundamental Rights while ensuring that the core principles of these rights, which are part of the Constitution's basic structure, cannot be altered.
198
What limitations does Article 368 impose on amending Fundamental Rights?
Article 368 outlines that while Parliament can amend Fundamental Rights, it cannot alter their core principles or values that are integral to the Constitution's basic structure, as established by the Supreme Court.
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How does judicial review relate to Article 368 and Fundamental Rights?
Judicial review, particularly by the Supreme Court, plays a vital role in interpreting Article 368 related to Fundamental Rights, upholding the basic structure doctrine and striking down amendments that undermine these rights.
200
What does Article 13 of the Indian Constitution state regarding laws contravening Fundamental Rights?
Article 13 declares that any law contravening Fundamental Rights is void, providing a safeguard for these rights within the Constitution.
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What is the doctrine of the basic structure in relation to Article 368?
The doctrine of the basic structure sets clear limitations on the scope of Article 368, ensuring that core principles, including Fundamental Rights, remain protected from amendments that violate them.
202
What are the criticisms regarding the lack of socio-economic rights in the Indian Constitution?
Critics argue that the Indian Constitution emphasizes civil and political rights over socio-economic rights, such as the right to education, healthcare, and employment, which are essential for comprehensive human development.
203
How does vagueness in the language of fundamental rights lead to legal disputes?
The vagueness and ambiguity in the language of some fundamental rights can lead to interpretation issues, resulting in legal disputes and uncertainty in their application.
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What is the significance of fundamental rights in safeguarding individual liberties?
Fundamental rights protect the basic freedoms and liberties of individuals, providing a legal shield against government intrusion and ensuring dignity and autonomy.
205
What concerns exist regarding religious freedom and personal laws in the Indian Constitution?
Concerns have been raised that personal laws based on religious customs can infringe on women's rights, particularly in marriage, divorce, and inheritance matters, highlighting the need for legal reform.
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What is the criticism related to the enforcement of fundamental rights in India?
Critics argue that while fundamental rights are well-documented, their enforcement can be weak or delayed, leading to instances of injustice.
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What are Fundamental Rights and how do they promote equality and social justice?
Fundamental Rights are a set of rights enshrined in the Indian Constitution that promote equality and social justice by prohibiting discrimination on various grounds such as race, religion, gender, and caste, ensuring all citizens have equal access to opportunities.
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How do Fundamental Rights serve as checks on government power?
Fundamental Rights serve as a check on government power by limiting the government's ability to infringe on citizens' freedoms and protecting against arbitrary and authoritarian actions, as emphasized by scholar H.L.A. Hart.
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What legal remedies do Fundamental Rights provide for rights violations?
Fundamental Rights provide individuals with a legal remedy when their rights are violated, allowing citizens to approach the judiciary to seek justice and redress when their rights are threatened.
210
Why is freedom of expression considered vital for human development according to Amartya Sen?
Freedom of expression is considered vital for human development as it enables citizens to express their views, opinions, and beliefs without fear of censorship, fostering a vibrant and democratic society.
211
What is the significance of protecting minority rights as discussed by Iris Marion Young?
Protecting minority rights is significant as it ensures that minority groups are not marginalized or oppressed by the majority, fostering inclusivity and pluralism in a just and democratic society.
212
What are Fundamental Duties in the Indian Constitution?
Fundamental Duties are a set of moral and ethical obligations enshrined in Part IV-A (Article 51A) of the Indian Constitution, emphasizing that citizens have responsibilities toward the nation's well-being and harmony.
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What is the duty of citizens to respect the Constitution as per Article 51A a?
Citizens are duty-bound to respect and abide by the Indian Constitution, which is the supreme law of the land, and uphold the ideals and principles enshrined in it, including democracy, equality, and secularism.
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What does Article 51A b state regarding the national flag and anthem?
Article 51A b states that citizens are expected to show respect to the national flag and the national anthem, highlighting the importance of patriotism and national pride.
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What is the duty of citizens to preserve the cultural heritage of India as per Article 51A c?
Citizens must protect and preserve the cultural and historical heritage of India, encouraging the preservation of India's diverse traditions and cultural assets as stated in Article 51A c.
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What does Article 51A d encourage among citizens?
Article 51A d encourages citizens to promote harmony and a sense of brotherhood among all the people of India, transcending barriers of caste, religion, race, or language.
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What is the significance of Article 51A e in the context of Fundamental Duties?
Article 51A e emphasizes the duty of citizens to protect public property and refrain from violence, highlighting the importance of non-violence and responsible use of public resources.
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What does Article 51A f entail regarding environmental responsibilities?
Article 51A f encourages citizens to be environmentally conscious and take steps to protect and improve the natural environment, aligning with India's commitment to environmental conservation.
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How does Article 51A g promote a rational approach among citizens?
Article 51A g encourages citizens to develop a scientific temper, humanism, and the spirit of inquiry and reform, promoting a rational and evidence-based approach to problem-solving.
220
What is the duty outlined in Article 51A h concerning national defense?
Article 51A h states that citizens should be willing to defend and protect India when required, emphasizing the importance of national defense and security.
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What does Article 51A i emphasize regarding the unity of India?
Article 51A i emphasizes that citizens must uphold the sovereignty, unity, and integrity of India, underlining the commitment to the territorial integrity and political unity of the nation.
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What is the focus of Article 51A j in terms of citizens' responsibilities?
Article 51A j focuses on the expectation that citizens work for the betterment of their educational and economic interests, as well as those of fellow citizens, encouraging mutual support and economic development.
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What does Article 51A k encourage citizens to strive for?
Article 51A k encourages citizens to strive for excellence in all spheres of individual and collective activity, promoting a culture of continuous improvement and the pursuit of personal and national excellence.
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What is the importance of providing educational opportunities as stated in Article 51A l?
Article 51A l underscores the importance of parents or guardians providing educational opportunities for their children between the ages of 6 and 14 years, highlighting education's role in shaping the future of the country.
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How do Fundamental Duties balance individual rights and collective responsibilities?
Fundamental Duties help strike a balance between individual rights and collective responsibilities, emphasizing that the enjoyment of rights should be accompanied by the fulfillment of corresponding duties for a just society.
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What moral foundation do Fundamental Duties provide for citizens?
Fundamental Duties provide a moral and ethical foundation for the behavior and conduct of citizens, emphasizing values like patriotism, respect for cultural heritage, and the promotion of harmony, crucial for a strong society.
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What is Civic Education in the context of Fundamental Duties?
Civic Education refers to the awareness of citizens about their responsibilities towards the nation, instilling a sense of citizenship and belonging among the populace through Fundamental Duties.
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How do Fundamental Duties promote social cohesion?
Fundamental Duties promote social cohesion by encouraging individuals to respect the rights and interests of others, fostering harmony and reducing conflicts along lines of caste, religion, and other divisions.
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What is the significance of the duty to protect the natural environment?
The duty to protect the natural environment is significant as it encourages citizens to actively participate in conservation efforts, aligning with India's commitment to environmental sustainability.
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What does the duty to promote scientific temper entail?
The duty to promote scientific temper entails encouraging a rational and evidence-based approach to decision-making, supporting India's progress in science and technology.
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How do Fundamental Duties inculcate a sense of responsibility among citizens?
Fundamental Duties inculcate a sense of responsibility and accountability among citizens by reminding them that the welfare of the nation is a collective effort and that everyone has a role to play in its progress and well-being.
232
What is the importance of the duty to safeguard national defense and security?
The duty to safeguard national defense and security is crucial as it encourages citizens to support the country in times of need and emphasizes the importance of national unity and integrity.
233
How do Fundamental Duties relate to educational and economic development?
Fundamental Duties relate to educational and economic development by encouraging individuals to promote educational and economic interests and strive for excellence, aligning with India's goals of development.
234
What is the role of the duty to provide opportunities for child education?
The duty to provide opportunities for child education underscores the importance of education in shaping the future of the nation and emphasizes the need for universal access to education.
235
How are Fundamental Rights and Fundamental Duties balanced in India?
Fundamental Rights and Duties are balanced in India by recognizing that while rights grant civil liberties, duties emphasize the responsibilities of citizens towards the nation and society, creating a reciprocal relationship.
236
What are Fundamental Rights and their limits?
Fundamental Rights are the basic human rights guaranteed by the Constitution, subject to reasonable limits to maintain public order, such as the right to assemble peacefully which can be restricted to prevent violence during protests.
237
What is the role of Directive Principles of State Policy (DPSP) in the Indian Constitution?
The Directive Principles of State Policy are non-justiciable guidelines aimed at shaping the social and economic framework of the nation, reflecting ideals of justice, equity, and welfare, and directing the state in its policymaking.
238
How do duties related to environmental protection align with constitutional rights?
The duty to protect the environment complements the constitutional right to a healthy environment, with regulations that limit pollution encouraging sustainable practices among citizens.
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What is the significance of the B.R. Rajam Committee in relation to Directive Principles?
The B.R. Rajam Committee was responsible for formulating the Directive Principles of State Policy, which were influenced by the Directive Principles of Ireland, shaping the governance framework in India.
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How do duties to promote brotherhood relate to rights against discrimination?
Duties to promote brotherhood and non-violence underscore rights against discrimination, fostering unity and peace in a diverse society.
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What are the limitations of Directive Principles of State Policy?
While Directive Principles are fundamental in guiding government policy, they are not legally enforceable and act as a moral and political obligation for the government, unlike fundamental rights which can be enforced by the judiciary.
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What are Directive Principles of State Policy (DPSPs)?
DPSPs are guidelines enshrined in Articles 36 to 51 of the Indian Constitution that aim to promote the welfare of the people, ensure social and economic justice, and achieve a just and equitable society. They are not legally binding but hold political and moral significance in shaping policies and governance.
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What is the significance of Article 37 in the context of DPSPs?
Article 37 declares that the provisions contained in the DPSPs are not enforceable by any court but are fundamental in the governance of the country, emphasizing their importance in guiding state policies.
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How do DPSPs contribute to social and economic justice in India?
DPSPs promote policies aimed at reducing economic disparities and ensuring equal opportunities, such as the Right to Education Act (2009), which mandates free and compulsory education for children aged 6 to 14, significantly improving enrollment rates.
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What role do DPSPs play in establishing a welfare state in India?
DPSPs guide India towards being a welfare state by ensuring that every citizen has access to basic necessities, exemplified by the National Rural Employment Guarantee Act (MGNREGA), which guarantees 100 days of wage employment to every rural household.
246
What is the purpose of advocating for a Uniform Civil Code in the DPSPs?
The DPSPs advocate for a Uniform Civil Code to standardize personal laws across all religions, promoting equality and reflecting efforts towards this principle, such as the Triple Talaq Act, which criminalizes instant divorce.
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How do DPSPs address environmental conservation?
DPSPs underscore the importance of environmental sustainability through laws like the Wildlife Protection Act, 1972, and the Forest Rights Act, 2006, which have contributed to increasing India's forest cover and protecting biodiversity.
248
What is the significance of Article 44 in the Directive Principles of State Policy?
Article 44 encourages the State to secure a Uniform Civil Code for all citizens throughout India, aiming to promote equality and justice in personal laws.
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How do DPSPs promote international peace and security?
DPSPs encourage India to foster global peace and security, as seen through India's active participation in UN peacekeeping missions and consistent contributions of troops.
250
What is the significance of the Separation of Powers in the Indian Constitution?
The Separation of Powers reinforces the independence of the judiciary from the executive, particularly highlighted by the collegium system in judicial appointments, ensuring that the judiciary remains free from executive influence.
251
How do Directive Principles of State Policy (DPSPs) serve as a foundation for welfare legislation?
DPSPs have been the foundation for significant welfare legislation, such as the Minimum Wages Act, 1948, and the Maternity Benefit Act, 1961, which promote social and economic justice by urging the state to secure a living wage and humane working conditions.
252
What role do DPSPs play in promoting education and health in India?
DPSPs advocate for the promotion of educational and public health projects, exemplified by the Right to Education Act (2009), which ensures free and compulsory education for children aged 6 to 14, significantly improving literacy rates and educational standards.
253
How do DPSPs contribute to the upliftment of disadvantaged groups in India?
DPSPs emphasize measures for the support of weaker sections of society, including SCs, STs, and OBCs, through policies like reservations in education and employment, aimed at advancing socio-economic equality.
254
What is the view of Dr. B.R. Ambedkar on the importance of DPSPs?
Dr. B.R. Ambedkar viewed DPSPs as fundamental to the Constitution, essential for achieving social and economic transformation in Indian society, and emphasized the need to address social inequalities and achieve social justice.
255
How does Granville Austin describe the role of DPSPs in the Indian Constitution?
Granville Austin described DPSPs as the 'conscience' of the Constitution, representing the moral and ethical commitments of the state towards its citizens and providing the constitutional philosophy of the government's socio-economic obligations.
256
What is Justice V.R. Krishna Iyer's perspective on DPSPs?
Justice V.R. Krishna Iyer viewed DPSPs as a crucial aspect of the Constitution that guides the state in fulfilling its socio-economic responsibilities towards its citizens.
257
What are Directive Principles of State Policy (DPSPs)?
DPSPs are guidelines set out in the Constitution of India to promote social justice, equity, and the welfare of the people, serving as a guiding light for the judiciary in interpreting laws.
258
How do Fundamental Rights and Directive Principles of State Policy (DPSPs) relate to each other?
Fundamental Rights protect individual liberties, while DPSPs emphasize societal welfare. The Constitution aims to strike a balance between the two, ensuring that individual rights are protected while also promoting the betterment of society.
259
What role does the judiciary play in the relationship between Fundamental Rights and DPSPs?
The judiciary plays a crucial role in reconciling conflicts between Fundamental Rights and DPSPs by interpreting these provisions to harmonize both sets, ensuring that neither takes precedence over the other.
260
What is the significance of the example of Article 17 in the context of Fundamental Rights and DPSPs?
Article 17 bans untouchability as a Fundamental Right, but reservation laws, which are part of DPSPs, may impose limitations on the right to equality, highlighting the dynamic tension between individual rights and societal welfare.
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What is meant by the term 'Progressive Realization' in the context of DPSPs?
Progressive Realization refers to the idea that DPSPs serve as a roadmap for the government to gradually fulfill socio-economic goals through legislative and policy measures over time, considering available resources and needs.
262
What common goals do Fundamental Rights and Directive Principles of State Policy (DPSPs) share?
Both Fundamental Rights and DPSPs aim to create a just and equitable society, focusing on individual liberties and collective welfare, respectively, while promoting social justice and the common good.
263
What are Directive Principles of State Policy (DPSP)?
DPSP are guidelines set out in the Indian Constitution that aim to ensure social and economic justice, providing a moral and social compass for governance, especially in the context of liberalization and globalization.
264
How do DPSPs promote social justice and reduce income disparities?
DPSPs emphasize equitable distribution of resources and opportunities, guiding policies like the Mahatma Gandhi National Rural Employment Guarantee Act (NREGA) to ensure economic benefits reach marginalized sections.
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What role do DPSPs play in promoting equality and affirmative action?
DPSPs encourage reducing inequalities and promote equal opportunities, exemplified by reservations in education and government jobs for Scheduled Castes and Scheduled Tribes.
266
What is the significance of the Right to Education Act in relation to DPSPs?
The Right to Education Act reflects the DPSPs' advocacy for free and compulsory education, ensuring that children have access to education as a fundamental right.
267
How do DPSPs address public health and affordable healthcare?
DPSPs call for public health and affordable healthcare, with schemes like Ayushman Bharat aligning with these principles to ensure healthcare accessibility for all.
268
What is a constitutional amendment?
A constitutional amendment is a formal change or modification made to the written text of a constitution, allowing alterations, additions, or deletions to its fundamental framework.
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What was the ruling in the Kesavananda Bharati vs. State of Kerala case regarding constitutional amendments?
The Supreme Court ruled that while Parliament can amend almost any part of the Constitution, it cannot alter its basic structure, establishing a key limitation on the power of amendments.
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Why are constitutional amendments necessary in a democratic system?
Constitutional amendments are necessary to adapt to changing needs, allowing a constitution to evolve with new circumstances, challenges, and aspirations of the people.
271
What is the significance of the 73rd and 74th Constitutional Amendments in India?
The 73rd and 74th Constitutional Amendments, introduced in 1992, empower local self-government bodies (Panchayats and Municipalities), reflecting the need for decentralized governance in a changing society.
272
What was the purpose of the 1st Amendment to the Indian Constitution in 1951?
The 1st Amendment corrected errors in the fundamental rights provisions to ensure that the government could impose restrictions on freedom of speech and expression when needed for public order.
273
How did the 42nd Amendment in 1976 impact the Indian Constitution?
The 42nd Amendment added the right to education as a fundamental right under Article 21A, recognizing the importance of education in society.
274
What does the 44th Amendment in 1978 reflect about the Indian Constitution?
The 44th Amendment amended the Constitution to reflect the nation's commitment to the principles of democracy, secularism, socialism, and integrity, ensuring its relevance to contemporary values.
275
What is the role of the 91st Amendment in maintaining checks and balances in the Indian government?
The 91st Amendment adjusted the constitutional provisions related to the size of the Council of Ministers to maintain a balance between the executive and the legislature in India's democratic system.
276
What social issues did the 103rd Amendment in 2019 address?
The 103rd Amendment provided for a 10% reservation in educational institutions and government jobs for economically weaker sections of society, reflecting changing dynamics of social justice.
277
What does Article 368 of the Indian Constitution outline?
Article 368 outlines the amendment procedure of the Indian Constitution, indicating that some provisions require a special majority for amendment while others can be amended by a simple majority, demonstrating both rigidity and flexibility.
278
What are considered non-amendable provisions in the Indian Constitution?
Non-amendable provisions include fundamental rights and certain basic features like secularism and federalism, which are core values of the Constitution and cannot be altered.
279
What is the requirement for amendments that need a special majority in the Indian Parliament?
Amendments requiring a special majority must be passed by a two-thirds majority of the members present and voting in both houses of Parliament and then ratified by a majority of states.
280
What is the significance of the 42nd Amendment in the context of the Indian Constitution?
The 42nd Amendment, introduced in 1976, established special majority requirements for certain amendments, increasing the complexity of amending the Constitution to protect its basic structure and federal principles.
281
What does ratification by states imply in the amendment process of the Indian Constitution?
Ratification by states means that for certain amendments affecting federal relations or state subjects, they must be ratified by at least half of the states, emphasizing the federal nature of the Indian Constitution.
282
What is the role of judicial review in the context of constitutional amendments in India?
Judicial review allows the Supreme Court of India to determine whether an amendment violates the basic structure or the fundamental rights of the constitution, ensuring that amendments cannot destroy the essential character of the Constitution.
283
What makes the Indian Constitution the lengthiest written constitution in the world?
The Indian Constitution is considered the lengthiest written constitution due to its comprehensive nature, consisting of over 145,000 words and more than 450 articles.
284
How does the Indian Constitution reflect a federal structure with unitary features?
India's federal structure includes a strong unitary bias, allowing the central government to take over state governments in certain situations, as provided in Article 356, ensuring unity in diversity.
285
What is the significance of the parliamentary system in the Indian Constitution?
The parliamentary system in India is a unique blend of the British and American systems, with the President as the head of state and the Prime Minister as the head of government, defined by Articles 74 and 75 of the Constitution.
286
What is a Simple Majority in the context of constitutional amendments in India?
A Simple Majority refers to the requirement that some amendments can be passed by a simple majority in both houses of Parliament, typically pertaining to internal matters such as changing the name of a state or altering its boundaries.
287
What is a Special Majority as defined in Article 368 of the Indian Constitution?
A Special Majority requires that most amendments must be passed by a specific number of members in both houses of Parliament, usually a two-thirds majority of the members present and voting, and then ratified by a majority of states.
288
What does Ratification by States entail in the context of constitutional amendments?
Ratification by States means that certain amendments affecting federal relations or state subjects must be ratified by at least half of the states, emphasizing the federal nature of the Indian Constitution.
289
What is the significance of Judicial Review in the context of constitutional amendments?
Judicial Review allows the Supreme Court of India to determine whether an amendment violates the basic structure or fundamental rights of the constitution, ensuring that amendments cannot destroy the essential character of the Constitution.
290
What is the Basic Structure Doctrine?
The Basic Structure Doctrine posits that certain fundamental features of the Constitution cannot be altered or destroyed through amendments by Parliament, as established by the Supreme Court in the Kesavananda Bharati case.
291
How do amendments in India reflect social changes?
Amendments in India often reflect evolving social dynamics, addressing issues such as social justice, gender equality, and caste-based discrimination, exemplified by amendments extending reservation benefits to women and economically weaker sections.
292
What is the basic structure doctrine?
The basic structure doctrine is a judicial principle established by the Supreme Court in the Kesavananda Bharati case, which asserts that the Constitution has an inherent basic structure consisting of essential features like democracy, rule of law, separation of powers, and judicial review, which cannot be altered by Parliament.
293
What was the significance of the Kesavananda Bharati case?
The Kesavananda Bharati case was significant because it established the basic structure doctrine, limiting Parliament's power to amend the Constitution by asserting that certain fundamental features of the Constitution cannot be altered, thus protecting the democratic framework.
294
How does the basic structure doctrine protect the Constitution?
The basic structure doctrine protects the Constitution by ensuring that its core values and essential features remain intact against transient political changes, thereby safeguarding democratic integrity and the foundational ethos of the Constitution.
295
What role did the Minerva Mills case play in relation to the basic structure doctrine?
In the Minerva Mills case, the Supreme Court applied the basic structure doctrine to strike down provisions of the 42nd Amendment that violated principles of limited government and separation of powers, reinforcing the doctrine's significance in maintaining constitutional integrity.
296
What is Article 368 of the Indian Constitution?
Article 368 of the Indian Constitution outlines the process for amending the Constitution, granting Parliament the authority to make amendments, but it does not allow for alterations to the basic structure of the Constitution as established by the Supreme Court.
297
What is the basic structure doctrine?
The basic structure doctrine is a judicial principle that serves as a check on the powers of a majoritarian government, ensuring that fundamental rights and essential democratic principles are upheld.
298
What was the significance of the Kesavananda Bharati case?
The Kesavananda Bharati case was significant as it established that the Constitution's original intent and democratic vision would not be dismantled by transient political majorities, thereby protecting its basic structure.
299
How did the Supreme Court apply the basic structure doctrine in Minerva Mills v. Union of India?
In Minerva Mills v. Union of India, the Supreme Court struck down clauses of the 42nd Amendment that prioritized Directive Principles over Fundamental Rights, as it disturbed the balance between these integral features of the Constitution.
300
What concerns did scholars raise about the amendment procedure in India?
Scholars raised concerns about the complexity and lengthy process of constitutional amendments, lack of popular participation, federal asymmetry, and the potential overuse of amendments that could dilute the Constitution's stability.
301
What criticism did Upendra Baxi have regarding the amendment procedure?
Upendra Baxi criticized the lack of direct participation by the people in the amendment procedure, suggesting that greater citizen involvement through referendums or consultations could enhance the democratic character of the process.
302
What impact does the basic structure doctrine have on legislative authority?
The basic structure doctrine puts a judicial check on the powers of Parliament, ensuring that any amendment to the Constitution must conform to the overarching principles and ethos laid out in the original document.
303
What are the implications of the frequent use of amendments as noted by Granville Austin?
Granville Austin expressed concerns that the frequent use of amendments may dilute the Constitution's stability and permanence, recommending a more restrained approach focusing on essential changes.
304
What is the criticism regarding the bypassing of fundamental rights in amendments?
Legal scholars like Nani Palkhivala criticized specific amendments that curtailed fundamental rights, emphasizing the need to protect individual liberties and ensure the Constitution's protective framework remains robust.
305
What is the significance of the First Constitutional Amendment Act, 1951?
It introduced provisions for socially and educationally backward classes, validated land reform laws, and added the Ninth Schedule to protect laws from judicial review.
306
What changes were made by the Seventh Constitutional Amendment Act, 1956?
It reorganized states on a linguistic basis, leading to the creation of linguistic states, which contributed to administrative efficiency and linguistic harmony.
307
What was the impact of the Twenty-Fourth Constitutional Amendment Act, 1971?
It abolished the privy purse to former rulers of princely states, marking the end of princely privileges and integrating them into the Indian democratic framework.
308
Why is the Forty-Second Constitutional Amendment Act, 1976 referred to as the 'Mini Constitution'?
It introduced significant changes aimed at reinforcing economic and social democracy, including the addition of words to the Preamble and the introduction of Fundamental Duties.
309
What are the Fundamental Duties introduced by the Forty-Second Constitutional Amendment Act, 1976?
They include respecting the Constitution, promoting harmony, and safeguarding public property, emphasizing social responsibility and civic morality.
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How did the Forty-Second Constitutional Amendment Act, 1976 affect the Directive Principles of State Policy?
It clarified that the Directive Principles are fundamental to governance, aiming to establish a welfare state and promote socio-economic development.
311
What limitations on judicial review were imposed by the Forty-Second Constitutional Amendment Act, 1976?
It placed restrictions on judicial review in matters related to estate acquisition and agricultural land ceilings to prevent interference in economic reforms.
312
What does the addition of 'secular' and 'integrity' to the Preamble signify?
It reinforces India's status as a secular state, promoting social equality and unity among diverse religious and cultural groups, which is essential for social democracy.
313
What is the Ninety-Third Constitutional Amendment Act, 2005 about?
It allowed for the provision of reservations for Other Backward Classes (OBCs) in educational institutions, marking a significant step toward social justice and inclusivity.
314
What does constitutional morality refer to?
Constitutional morality refers to the adherence to the fundamental principles, values, and norms enshrined in a constitution, promoting justice, equality, liberty, and the rule of law.
315
How did Dr. B.R. Ambedkar view constitutional morality?
Dr. B.R. Ambedkar emphasized that constitutional morality is essential for safeguarding the rights and dignity of individuals and communities, aiming to create a just and inclusive society.
316
What was the significance of the Justice K.S. Puttaswamy vs. Union of India (2017) judgment?
The Supreme Court recognized the right to privacy as a fundamental right, highlighting the protection of individual autonomy as essential for upholding constitutional values.
317
What was the outcome of the Navtej Singh Johar vs. Union of India (2018) case?
The Supreme Court decriminalized consensual same-sex relations, emphasizing constitutional morality and the recognition of LGBTQ+ rights, promoting equality and dignity.
318
What did the Sabarimala Temple Entry Case (2018) judgment entail?
The Supreme Court allowed women of all age groups to enter the Sabarimala temple, rejecting the practice of barring menstruating women, invoking principles of equality and dignity.
319
What is constitutional morality?
Constitutional morality refers to the adherence to the fundamental principles and values enshrined in the Constitution, emphasizing the importance of justice, liberty, equality, and individual rights while ensuring that traditions do not violate these principles.
320
What are the criticisms of constitutional morality regarding cultural practices?
Critics argue that constitutional morality can conflict with cultural and religious practices, leading to perceptions of these practices as unconstitutional if they clash with contemporary values, as seen in the case of 'Jallikattu' in Tamil Nadu.
321
How does constitutional morality interfere with personal beliefs?
Critics contend that an overemphasis on constitutional morality may infringe upon an individual's right to hold personal beliefs and values, as illustrated by disputes over alcohol bans in certain Indian states.
322
What is the concern regarding judicial overreach in the context of constitutional morality?
There are concerns that judges may overstep their bounds in interpreting constitutional morality, potentially influencing social norms and values.
323
What is the perception of certain practices in relation to constitutional morality?
Certain practices may be perceived as unconstitutional if they clash with contemporary values, as seen in the case of 'Jallikattu' in Tamil Nadu.
324
How does constitutional morality interfere with personal beliefs?
Critics contend that an overemphasis on constitutional morality may infringe upon an individual's right to hold personal beliefs and values.
## Footnote
This is illustrated by disputes over alcohol bans in certain Indian states.
325
What is the concern regarding judicial overreach in the context of constitutional morality?
There are concerns that judges may overstep their bounds in interpreting constitutional morality, potentially influencing social norms and values.
## Footnote
This is exemplified by the Sabarimala Temple case in Kerala.
326
Why is the lack of clarity in constitutional morality a concern?
The lack of clear definitions and guidelines surrounding constitutional morality can lead to varying interpretations, complicating issues like free speech and hate speech laws.
