constitution of india ut1234 Flashcards

(75 cards)

1
Q

What was the role of the Constituent Assembly in the framing of the Indian Constitution?

A

The Constituent Assembly was responsible for drafting and shaping the Indian Constitution, embedding principles of democracy, justice, and equality in governance.

Established in 1946, it provided a legal framework for India’s transition from a British colony to a sovereign nation.

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2
Q

What significance did the diversity of the Constituent Assembly hold?

A

The diversity ensured broad discussions and made the Constitution representative of India’s various backgrounds, regions, and ideologies.

Members included leaders, intellectuals, and social reformers.

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3
Q

How long did it take to frame the Indian Constitution?

A

Nearly three years, with thorough debates and discussions on every aspect.

This included topics from fundamental rights to the federal structure.

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4
Q

What core values did the Constituent Assembly ensure for the Indian Constitution?

A

Secularism, justice, liberty, and equality were enshrined, making democracy the core of governance.

This allowed for peaceful coexistence of all religions.

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5
Q

What was one of the biggest challenges faced by the Constituent Assembly?

A

Integrating over 500 princely states into the Indian Union.

Mechanisms were developed to ensure national unity and governance.

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6
Q

What are Fundamental Rights as per the Indian Constitution?

A

Fundamental Rights are individual liberties guaranteed to citizens, including rights to equality, freedom, and protection against discrimination.

They are justiciable, meaning citizens can seek legal recourse if violated.

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7
Q

What are Directive Principles of State Policy (DPSPs)?

A

DPSPs are guiding principles for governance aimed at ensuring social and economic justice, but they are non-justiciable.

They include principles like equal pay and free education.

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8
Q

How does the Indian Constitution ensure a balance between Fundamental Rights and Directive Principles?

A

The Supreme Court has interpreted both as equally important, ensuring that FRs and DPSPs complement each other in governance.

Key cases include Kesavananda Bharati and Minerva Mills.

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9
Q

What does Article 12 of the Indian Constitution define as ‘State’?

A

The term ‘State’ includes the Government and Parliament of India, State Governments, local authorities, and any institution performing public functions.

This definition has been broadened through judicial interpretations.

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10
Q

What was the outcome of the Ajay Hasia v. Khalid Mujib (1981) case?

A

The Supreme Court ruled that educational institutions receiving government aid can be considered ‘State’ under Article 12.

This expanded the definition of ‘State’ to include private entities performing public functions.

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11
Q

What are the 11 Fundamental Duties as per Article 51A?

A
  1. Abide by the Constitution
  2. Cherish freedom struggle ideals
  3. Protect sovereignty and integrity
  4. Defend the country
  5. Promote harmony
  6. Preserve Indian culture
  7. Protect the environment
  8. Develop scientific temper
  9. Safeguard public property
  10. Strive for excellence
  11. Provide educational opportunities for children

The last duty was added by the 86th Amendment in 2002.

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12
Q

True or False: Fundamental Duties are legally enforceable.

A

False.

They are moral obligations and not legally enforceable.

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13
Q

What was the historical backdrop for framing the Indian Constitution?

A

The Constitution was framed against colonial rule, nationalist movements, and socio-political transformations.

Events like the Non-Cooperation Movement and Quit India Movement emphasized the need for a democratic governance system.

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14
Q

What does the Preamble of the Indian Constitution reflect?

A

The Preamble reflects core values such as Justice, Liberty, Equality, and Fraternity, guiding the interpretation of laws.

It serves as the guiding philosophy of the Constitution.

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15
Q

Fill in the blank: The Constitution of India is a _______ and _______ document.

A

written, comprehensive

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16
Q

What is the significance of the Cabinet Mission Plan (1946) in the context of the Indian Constitution?

A

It proposed the creation of a Constituent Assembly to draft the Constitution, marking a turning point in India’s legal and political future.

This was in recognition of India’s demand for independence.

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17
Q

What does the term ‘single citizenship’ mean in the context of the Indian Constitution?

A

It means that all Indians are citizens of India, ensuring equality under the law.

Unlike some federal countries, India does not recognize dual citizenship.

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18
Q

What ensures that citizens fulfill their social and moral responsibilities?

A

Fundamental Duties

These duties are established in the Indian Constitution.

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19
Q

How do Fundamental Duties promote environmental awareness?

A

By fostering sustainable development

They encourage citizens to be conscious of their environmental responsibilities.

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20
Q

Are Fundamental Duties legally enforceable?

A

No, they are not justiciable but socially significant

They create moral obligations for citizens.

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21
Q

What role do courts play regarding Fundamental Duties?

A

Courts refer to them while interpreting laws

This helps ensure social justice and national integrity.

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22
Q

What is the primary role of Directive Principles of State Policy (DPSPs)?

A

To serve as guidelines for the government

They aim to promote social justice, economic welfare, and democratic values.

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23
Q

What is one utility of DPSPs?

A

Establishing a Welfare State

They guide policies to reduce inequalities and ensure justice.

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24
Q

How do DPSPs influence governance?

A

They provide a framework for policy formulation and law-making

Many welfare schemes are inspired by DPSPs.

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25
What do DPSPs encourage in terms of democracy?
Decentralization of power ## Footnote This promotes participatory governance.
26
What is a key importance of DPSPs in relation to Fundamental Rights?
They are complementary to Fundamental Rights ## Footnote DPSPs strive to make these rights meaningful.
27
Which case upheld the importance of DPSPs in India?
Kesavananda Bharati Case (1973) ## Footnote This case ensured laws implementing DPSPs are not invalidated.
28
What powers does the Supreme Court of India have?
Original jurisdiction, appellate jurisdiction, judicial review, writ jurisdiction, advisory jurisdiction ## Footnote Each serves different functions in interpreting laws.
29
What is the highest judicial authority in India?
The Supreme Court ## Footnote It is established under Article 124 of the Constitution.
30
What is the role of High Courts in India?
They serve as the highest judicial authority in states ## Footnote High Courts handle cases within their territorial jurisdiction.
31
What is a feature of Indian Secularism?
Equal treatment of all religions by the state ## Footnote India does not have an official state religion.
32
Which article guarantees freedom of religion in India?
Article 25 ## Footnote Citizens can profess, practice, and propagate any faith.
33
What are the emergency powers of the President of India?
National Emergency, State Emergency, Financial Emergency ## Footnote These can be declared under Articles 352, 356, and 360.
34
What is one of the privileges of Members of Legislature?
Freedom of Speech in the Legislature ## Footnote This allows MPs and MLAs to speak freely without legal repercussions.
35
What is the composition of the Parliament of India?
Lok Sabha, Rajya Sabha, and the President ## Footnote This structure is established under Article 79.
36
What are the legislative powers of the Parliament?
Makes laws on subjects in the Union List and Concurrent List ## Footnote It can also legislate on State List in national interest.
37
What is the role of the President in legislative functions?
Summons and prorogues sessions of Parliament ## Footnote The President also gives assent to bills.
38
What is a key function of the Supreme Court regarding laws?
Judicial Review ## Footnote The Supreme Court can strike down unconstitutional laws.
39
What are Money Bills and where can they be introduced?
Money Bills can only be introduced in Lok Sabha (Article 110) ## Footnote Money Bills deal with taxation and expenditure.
40
What is the role of the Lok Sabha in financial appropriations?
Grants approval for financial appropriations.
41
How does the Lok Sabha hold the government accountable?
Through question hour, debates, motions, and parliamentary committees.
42
What can the Lok Sabha do to remove the government?
Can remove the government by passing a no-confidence motion.
43
What judicial powers does the Lok Sabha have?
Impeachment of the President (Article 61) and removal of judges of Supreme Court and High Courts (Articles 124 & 217).
44
What electoral functions does the Lok Sabha perform?
Elects the President of India (Article 54) and Vice President (Article 66).
45
What emergency powers does the Lok Sabha possess?
Approves National Emergency (Article 352), State Emergency (Article 356), and Financial Emergency (Article 360).
46
What is the composition of a State Legislature?
Unicameral Legislature or Bicameral Legislature ## Footnote Unicameral has only the Legislative Assembly (Vidhan Sabha), while Bicameral includes both Legislative Assembly and Legislative Council (Vidhan Parishad).
47
What legislative powers does the State Legislature have?
Can make laws on State List and Concurrent List subjects.
48
What financial powers does the State Legislature possess?
Approves the state budget and taxation policies.
49
Where must Money Bills originate in a State Legislature?
Money Bills must originate in the Legislative Assembly.
50
How does the State Legislature ensure executive accountability?
Ensures accountability of the Chief Minister and Council of Ministers.
51
What judicial powers does the State Legislature have?
Can recommend the removal of state governors and judges.
52
What electoral functions does the State Legislature perform?
Participates in the election of the President of India and elects representatives to the Rajya Sabha.
53
What emergency powers does the State Legislature have?
Limited role, but can recommend President’s Rule (Article 356) in case of constitutional breakdown.
54
What is the Preamble of the Indian Constitution?
The introductory statement reflecting the ideals, objectives, and philosophy of the Constitution.
55
When was the Preamble adopted and when did it come into force?
Adopted on 26th November 1949 and came into force on 26th January 1950.
56
What does the Preamble declare about India?
India is a Sovereign, Socialist, Secular, Democratic Republic.
57
What are the characteristics of the Preamble?
* Reflects the Basic Structure of the Constitution * Not an Enforceable Law * Dynamic and Evolving * Inspirational and Guiding Document
58
What is the significance of the Preamble?
* Defines the Vision of the Constitution * Supports Constitutional Interpretation * Represents the Will of the People * Guarantees Social and Economic Justice * Promotes Unity and Fraternity
59
What are Fundamental Rights?
Basic human freedoms guaranteed by the Indian Constitution.
60
Where are Fundamental Rights enshrined?
In Part III (Articles 12 to 35) of the Indian Constitution.
61
What are the characteristics of Fundamental Rights?
* Universal * Enforceable * Not Absolute * Dynamic * Justiciable
62
What is the importance of Fundamental Rights?
* Protects Individual Liberties * Promotes Social Justice * Strengthens Democracy * Preserves Human Dignity * Ensures Rule of Law
63
What are the kinds of Fundamental Rights?
* Right to Equality (Articles 14-18) * Right to Freedom (Articles 19-22) * Right Against Exploitation (Articles 23-24) * Right to Freedom of Religion (Articles 25-28) * Cultural and Educational Rights (Articles 29-30) * Right to Constitutional Remedies (Article 32)
64
What does Article 14 guarantee?
Equality before law.
65
What does Article 15 prohibit?
Discrimination based on religion, caste, sex, or place of birth.
66
What does Article 19 grant?
Freedoms like speech, movement, assembly, and profession.
67
What does Article 21 guarantee?
Right to life and personal liberty.
68
What does Article 32 enable individuals to do?
Approach the Supreme Court for enforcement of rights.
69
What are the main functions of the Parliament of India?
* Legislative Powers * Financial Powers * Executive Control and Accountability * Judicial Powers * Electoral Functions * Emergency Powers
70
What is the primary function of Parliament?
Lawmaking.
71
What financial powers does Parliament have?
* Controls taxation and government spending * Approves the Union Budget * Grants financial resources for national development
72
What is the role of Parliament in ensuring executive accountability?
* Question Hour * Zero Hour * Debates and Discussions * No-Confidence Motion
73
What judicial powers does Parliament hold?
Authority to impeach the President and remove judges of the Supreme Court and High Courts.
74
What electoral functions does Parliament perform?
Elects the President and Vice President of India.
75
What emergency powers does Parliament have?
* National Emergency (Article 352) * State Emergency (Article 356) * Financial Emergency (Article 360)