Polity 2023 Flashcards
(62 cards)
What does ‘Due Process of Law’ mean?
(a) The principle of natural justice or/ (c) Fair application of law
Due process ensures fair treatment through the judicial system.
What historical document is often attributed as the origin of due process?
Magna Carta
The Magna Carta is a 13th-century document outlining the relationship between the English monarchy and its subjects.
What are the core requirements of due process of law?
- Fair and reasonable procedures
- Right to be heard
- Right to present evidence
- Fair treatment before government action
Due process protects individuals from arbitrary state actions.
Which Indian entity has the power to declare laws unconstitutional if they violate due process?
The Supreme Court of India
This power allows the Court to strike down unjust laws.
What are the four elements of ‘Fair Procedure’?
- Notice
- Opportunity to be heard
- Impartial tribunal
- Orderly procedure
Fair Procedure is essential for upholding due process.
Which amendments to the US Constitution outline due process?
5th and 14th Amendments
These amendments ensure that no person is deprived of life, liberty, or property without due process.
In India, which Act governs the management and administration of prisons?
Prisons Act, 1894
This Act allows state governments to manage prisons with their own rules.
What is the main focus of the Model Prisons Act 2023?
Transforming prisons into reformative and correctional institutions
The Act aims to rehabilitate inmates and prepare them for reintegration into society.
List some key features of the Model Prisons Act 2023.
- Security assessment and segregation of prisoners
- Individual sentence planning
- Grievance redressal
- Establishment of a prison development board
- Use of technology in administration
This Act aims to modernize prison management and promote inmate welfare.
Is the Model Prisons Act, 2023 binding on states?
No
It serves as a guiding document for states, which have the authority to create their own laws regarding prisons.
What is the chief purpose of a Constitution?
It defines and limits the powers of government
A constitution establishes the framework for government authority and citizen rights.
What are the functions of a Constitution?
- Provide basic rules for society
- Specify decision-making authority
- Set limits on government power
- Enable government to fulfill societal aspirations
- Express fundamental identity of a people
These functions ensure the governance framework is fair and just.
Which Constitutional Amendment in India was enacted to address judicial interpretations of Fundamental Rights?
1st Amendment
This Amendment was introduced to clarify and secure the validity of certain laws concerning fundamental rights.
What key changes did the 1st Amendment introduce to Article 19?
- Added restrictions on free speech: public order, friendly relations with foreign states, incitement to an offence
- Made restrictions reasonable and justiciable
These changes were made to address concerns from judicial interpretations.
What is the significance of the Ninth Schedule in the context of the 1st Amendment?
It protects certain laws from judicial review
This provision was included to ensure that specific laws remain valid despite challenges.
What does the term ‘fundamental rights’ refer to?
Rights guaranteed to citizens that cannot be violated by the government
Fundamental rights are essential for safeguarding individual freedoms.
What is the definition of a ‘prison’ according to the Prisons Act of 1894?
Any jail or place used for the detention of prisoners under state orders
This definition excludes police custody and subsidiary jails.
What was the intention behind the amendment of Article 19(6) via the First Amendment?
To avoid objections to the power of the state to create any monopoly
The amendment clarified the state’s authority regarding nationalization and monopoly creation.
What does Article 19(6) provide regarding the right to practice any profession?
It allows reasonable restrictions on the right to practice any profession or to carry on any occupation, trade, or business.
What change did the First Amendment introduce to Article 19(6)?
It added a clause allowing the state or state-controlled corporations to carry on any trade, business, or service, removing ambiguity about nationalization.
In the case of Saghir Ahmad v. the State of U.P. and Others (1954), what did the Supreme Court observe regarding monopolies?
The government can create a monopoly in its favor but cannot create a monopoly for third parties.
How many of the following organizations are constitutional bodies: National Commission for Backward Classes, National Human Rights Commission, National Law Commission, National Consumer Disputes Redressal Commission?
Only one.
What is the status of the National Commission for Backward Classes (NCBC)?
It is a constitutional body established by the Constitution (One Hundred and Second Amendment) Act, 2018.
What type of body is the National Human Rights Commission (NHRC)?
It is a statutory body constituted under the Protection of Human Rights Act, 1993.
