Polity 2021 Flashcards by Naveen Kumar

Under the Indian constitution, concentration of wealth violates?

The Directive Principles of State Policy

Article 39(c) states that the economic system should not result in wealth concentration detrimental to the common good.

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What rights are guaranteed under Article 39 of the Directive Principles of State Policy?

(a) Adequate means of livelihood
(b) equitable distribution of resources
(c) prevention of accumulation of wealth
(d) equal pay for equal work
(e) protection of health of workers
(f) healthy development of children

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What does the Right to Equality signify in the Indian Constitution?

All people should be treated equally and without discrimination

It ensures no individual is denied societal opportunities based on arbitrary criteria.

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What is the essence of the Right to Freedom in the Indian Constitution?

Citizens can voice their opinions freely and engage in pursuits without undue restrictions.

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Define the term ‘welfare’ in the context of government programs.

A range of government programs providing financial or other aid to individuals or groups who cannot support themselves.

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What is the legal status of the Right to Property in India as per Article 300-A?

Legal right available to any person

It was removed from Fundamental Rights by the 44th Amendment Act, 1978.

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What was India’s constitutional status on 26th January, 1950?

A Sovereign Democratic Republic

The terms Socialist and Secular were added by the 42nd Amendment Act, 1976.

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What is celebrated on 26th November every year in India?

Constitution Day

It marks the adoption of the Constitution in 1949.

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What does constitutional government mean?

A government limited by the terms of the Constitution.

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Which statements about Bharat Ratna and Padma Awards are not correct?

1, 2 and 3

Bharat Ratna and Padma Awards are not titles under Article 18(1) and can be awarded without a limit.

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What are the first three gallantry awards instituted in India?

Param Vir Chakra
Maha Vir Chakra
Vir Chakra

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What is the key difference between Police Custody and Judicial Custody?

Police Custody involves detention at a police station, while Judicial Custody involves detention in jail.

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Which statement about parole is correct?

State Governments have their own Prisoners Release on Parole Rules.

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True or False: Parole can be claimed as a matter of right by a prisoner.

False

Parole is granted based on sufficient cause, not as a right.

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What is the nodal agency at the national level for implementing the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006?

Ministry of Tribal Affairs

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Which ministry is the nodal agency for the implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006?

Ministry of Tribal Affairs

The Union Ministry of Tribal Affairs (MoTA) deals with forest and livelihood objectives at the national level.

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What does the Forest Rights Act, 2006 deal with?

Rights of communities that dwell in forests over land and resources

It recognizes and vests forest rights in Forest Dwelling Scheduled Tribes (FDST) and Other Traditional Forest Dwellers (OTFD).

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What are the four types of rights identified by the Forest Rights Act?

Title rights
Use rights
Relief and development rights
Forest management rights

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Fill in the blank: A legislation that confers uncontrolled discretionary powers on authorities violates _______.

Article 14

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What does Article 14 of the Indian Constitution state?

The State shall not deny equality before the law

It emphasizes the absence of arbitrary power and equal protection of the laws.

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Which of the following indicates that the Indian polity is federal in character?

The independence of the judiciary is safeguarded

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Define the term ‘State’.

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A community of persons permanently occupying a definite territory independent of external control and possessing an organized government.

Which article allows for a retired judge of the Supreme Court of India to be called back to sit?

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Article 128

True or False: A High Court in India has the power to review its own judgment.

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True

Which of the following statements about Indian citizenship is correct?

There is only one citizenship and one domicile.

Fill in the blank: The best safeguard of liberty in a liberal democracy is the _______.

Separation of powers

How does the Indian parliamentary model differ from the British model?

The power of the parliament to legislate is limited in India.

What is the concept of parliamentary sovereignty in the UK?

Parliament is the supreme legal authority that can create or end any law.

What is the role of a Constitution Bench in the Supreme Court?

To decide substantial questions of law pertaining to the interpretation of the Constitution.

List the four elements that constitute a State.

* Population * Territory * Government * Sovereignty

Which article provides for the separation of the judiciary from the executive?

Article 50

What is the significance of Article 361?

It states that the President or the Governor shall not be answerable to any court for their office's powers and duties.

True or False: An Indian citizen who voluntarily acquires the citizenship of another country retains their Indian citizenship.

False

What are the three ways a person can lose Indian citizenship under the Citizenship Act?

* Renunciation * Termination * Deprivation

What type of constitution does the UK possess?

An uncodified or unwritten constitution ## Footnote It is shaped by conventions, statutes, historical documents, and judicial precedents.

What is the primary feature of India's constitution?

A written constitution embodied in a comprehensive single document ## Footnote Articles like Article 21 (Right to Life and Personal Liberty) and Article 19 (Freedom of Speech and Expression) explicitly define fundamental rights.

How can the UK constitution be amended?

Through a simple majority in Parliament ## Footnote There is no clear distinction between ordinary and constitutional laws.

What is the amendment process for the Indian constitution?

Requires special majority support in Parliament (Article 368) ## Footnote It also has a feature of flexibility (Simple Majority).

Does the UK adhere to a formal separation of powers doctrine?

No, Parliament maintains supremacy ## Footnote In contrast, India has a well-defined separation of powers within the constitution.

What article in the Indian constitution establishes the separation of the judiciary from the executive?

Article 50 ## Footnote Article 13 empowers the judiciary to review laws that violate fundamental rights.

What type of state does the UK function as?

A unitary state ## Footnote Sovereignty is centralized at Westminster.

What type of state does India operate as?

A federal state ## Footnote Authority is distributed between the central government and state governments, as outlined in Articles like Article 245 and Article 246.

What is the traditional authority of British courts regarding legislation?

Limited authority in reviewing and invalidating legislation on constitutional grounds ## Footnote This is due to parliamentary supremacy.

What power does India's judiciary hold?

The power of judicial review ## Footnote This allows the examination and annulment of laws enacted by Parliament or state legislatures for constitutional violations.

What is the Basic Structure Doctrine?

A doctrine empowering the judiciary to assess and strike down constitutional amendments that compromise the fundamental structure of the Constitution ## Footnote The UK lacks an equivalent concept.

In which case was the Right to Privacy declared a fundamental right in India?

Puttaswamy v. Union of India case, 2017 ## Footnote Right to privacy is part of the right to life and personal liberty under Article 21.

Under which Article of the Indian constitution is the Right to Privacy protected?

Article 21 ## Footnote It is intrinsic to the right to life and personal liberty.

What are the three tests that state action must pass to restrict the right to privacy?

* Legislative mandate * Pursuing a legitimate state purpose * Proportionality ## Footnote The action must be necessary in a democratic society and the least intrusive option.

What committee was appointed by the government to address data protection?

B N Srikrishna Committee ## Footnote It submitted its report in July 2018.

What does the Information Technology Act, 2000 provide for?

Safeguards against certain breaches related to data from computer systems ## Footnote It includes provisions to prevent unauthorized use of computers and data.

What restriction was placed on candidates contesting in Lok Sabha elections as per the Representation of the People Act, 1951?

Restricted to contesting in two constituencies ## Footnote This was amended in 1996.

Who bears the cost of bye-elections if a candidate wins in multiple constituencies?

The Election Commission of India (ECI) ## Footnote There is no provision for the party to bear the cost.

What were the recommendations of the Gopalaswami Ayyangar Committee regarding departmental structure?

A department should be identified with a Secretary’s charge and a Ministry with a Minister’s charge ## Footnote This was to ensure a formal distinction between the roles.

Polity 2021 Flashcards

(53 cards)