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Constitution Of India > Unit 2 > Flashcards

Unit 2 Flashcards

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1
Q

When you do any change in the constitution of India where would it be reflected, in which Article?

A

Article 368

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2
Q

How Many Articles are there currently in COI?

A

470 Articles
25 Parts
12 Schedule

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3
Q

What does the Basic Structure of the Indian Constitution signify?

A

It signifies core principles that cannot be changed, even by Parliament.

These principles serve as the foundation of the Constitution.

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4
Q

What happens if Parliament tries to amend the Constitution?

A

Parliament can amend the Constitution, but cannot alter its Basic Structure.

This principle was established in the Kesavananda Bharati case.

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5
Q

Which case established the concept of the Basic Structure in the Indian Constitution?

A

The Kesavananda Bharati case in 1973.

This case was pivotal in defining the limits of Parliament’s power to amend the Constitution.

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6
Q

True or False: Parliament can destroy the Basic Structure of the Constitution.

A

False.

The Supreme Court ruled that while Parliament can amend the Constitution, it cannot destroy its Basic Structure.

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7
Q

Fill in the blank: The Basic Structure of the Indian Constitution acts as a _______.

A

[foundation or backbone]

These principles support the integrity and identity of the Constitution.

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8
Q

What type of system does India’s Constitution create?

A

A federal system, meaning power is shared between the Centre (Union) and the States.

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9
Q

What are the key features of a federation included in India’s Constitution?

A
  1. Two governments (Centre and States)
  2. Division of powers
  3. Written Constitution
  4. Supreme authority of the Constitution
  5. Constitution is rigid (can’t be changed easily)
  6. Independent courts
  7. Two houses of Parliament (bicameralism)
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10
Q

How many governments are there in India’s federal system?

A

Two governments: the Centre and the States.

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11
Q

What is meant by the division of powers in India’s Constitution?

A

Powers are divided between the Centre and the States.

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12
Q

What type of Constitution does India have?

A

A written Constitution.

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13
Q

What is the supreme authority in India’s legal framework?

A

The Constitution.

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14
Q

Is India’s Constitution rigid or flexible?

A

It is rigid, meaning it can’t be changed easily.

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15
Q

What role do independent courts play in India’s Constitution?

A

They ensure the rule of law and protect rights.

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16
Q

What is bicameralism in the context of India’s Parliament?

A

India has two houses of Parliament.

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17
Q

Is India a pure federation?

A

No, India is not a pure federation.

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18
Q

What are some unitary features of India?

A

India has several unitary features, including:
1. The Centre is more powerful than states.
2. Only one Constitution for both Centre and States.
3. Only one citizenship for all Indians.
4. The Centre appoints the Governor of each state.
5. Emergency provisions make the Centre more powerful.
6. One judiciary for the whole country.
7. All-India Services (like IAS, IPS) are controlled by the Centre.

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19
Q

Is the word ‘federation’ used in the Constitution?

A

No, the word ‘federation’ is not used anywhere in the Constitution.

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20
Q

What does Article 1 call India?

A

Article 1 calls India a ‘Union of States’.

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21
Q

What does ‘Union of States’ imply about the formation of India?

A

It implies that India was not formed by an agreement between states.

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22
Q

Can states leave or break away from India?

A

No, states cannot leave or break away from India.

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23
Q

What system does India follow?

A

India follows the British Parliamentary System, not the American Presidential System.

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24
Q

Where is the parliamentary system used in India?

A

This system is used both at the Centre (Parliament) and in the States (State Assemblies).

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25
Who is the nominal head in India's parliamentary system?
The President (or Governor) is the nominal (symbolic) head.
26
Who is the real head in India's parliamentary system?
The Prime Minister (or Chief Minister) is the real head.
27
What is Majority Party Rule?
The political party with the majority in the lower house forms the government.
28
What does Collective Responsibility mean?
The Council of Ministers is collectively responsible to the Lok Sabha (or State Assembly). If one fails, all must resign.
29
What is true about Ministers in India?
Ministers are also members of Parliament or the State Legislature.
30
Who leads the government in India?
The Prime Minister (at Centre) or Chief Minister (in States) leads the government.
31
Can the Lok Sabha (or State Assembly) be dissolved?
Yes, it can be dissolved before its full term, especially if no party gets a majority.
32
What is a key difference between India's and Britain's parliamentary systems?
In India, the Parliament is not supreme; it's controlled by the Constitution.
33
What is the sovereignty status of Parliament in Britain?
In Britain, Parliament is sovereign (can make or change any law).
34
What type of head of state does India have?
India has an elected head of state (President) → it's a Republic.
35
What type of head of state does Britain have?
Britain has a hereditary monarch (King/Queen) → it's a Monarchy.
36
What is the principle of Parliamentary Sovereignty?
In Britain, Parliament is the supreme authority and can make or change any law.
37
What does Judicial Supremacy mean?
In the USA, the Supreme Court has the final say and can strike down laws made by the legislature.
38
How does India approach the concepts of Parliamentary Sovereignty and Judicial Supremacy?
India chose a balance between both systems.
39
What power does Parliament have regarding the Constitution?
Parliament can make and change many parts of the Constitution using its amendment powers.
40
What is Judicial Review?
Judicial Review is the power of the Supreme Court to strike down any law made by Parliament if it violates the Constitution.
41
What does 'due process of law' refer to?
'Due process of law' is a flexible and fair approach used in the American Constitution.
42
What does the Indian Constitution use in Article 21?
The Indian Constitution uses 'procedure established by law' in Article 21.
43
How have Indian courts interpreted 'procedure established by law'?
Indian courts have interpreted it to include fairness and justice, similar to the American model.
44
What system does India create by blending British and American ideas?
India blends the British idea of a strong Parliament with the American idea of a strong Judiciary, creating a balanced system.
45
What type of judicial system does India have?
India has an integrated and independent judicial system.
46
What is the structure of India's court system?
At the top is the Supreme Court, followed by High Courts in each state, and then district and lower courts.
47
How do Indian courts handle laws?
All courts deal with both Central and State laws.
48
How does India's judicial system differ from the U.S. system?
In India, there is one unified court system, unlike the U.S., where federal and state courts are separate.
49
What ensures the independence of judges in India?
Judges have security of tenure and their salaries and service conditions are fixed.
50
What does security of tenure for judges mean?
Judges cannot be easily removed from their jobs.
51
Why is the independence of judges important?
It allows judges to make decisions freely, without pressure from the government.
52
Directive Principle for State policy was created by B.R Ambedkar, so in which part of COI is it in?
its in part 4, out of part 25 in COI
53
What is the main aim of Socialistic Directive Principles?
Aim to reduce poverty and improve people's lives ## Footnote These principles are designed to enhance social welfare and equity.
54
What education requirement is included in the Socialistic Directive Principles?
Free and compulsory education up to age 14 ## Footnote This principle emphasizes the importance of education for all children.
55
What does the principle of 'equal pay for equal work' promote?
Fair compensation regardless of gender or other factors ## Footnote This principle aims to ensure gender equality in the workplace.
56
Name a key focus of the Socialistic Directive Principles.
Welfare of workers and poor people ## Footnote This addresses the needs and rights of marginalized groups.
57
What are the Gandhian Directive Principles inspired by?
Mahatma Gandhi’s ideas ## Footnote These principles reflect Gandhi's vision for a just society.
58
What is the role of village panchayats under Gandhian Directive Principles?
Local self-governance in villages ## Footnote This promotes democratic participation and empowerment at the grassroots level.
59
Which groups do the Gandhian Directive Principles support?
Weaker sections (SCs, STs) ## Footnote This support aims to uplift marginalized communities.
60
What do the Gandhian Directive Principles promote in terms of economic activity?
Promotion of cottage industries ## Footnote This encourages local production and self-employment.
61
What is the focus of Liberal-Intellectual Directive Principles?
Fairness, peace, and respect for law ## Footnote These principles emphasize the importance of justice and legal integrity.
62
What does the uniform civil code aim to achieve?
Equality in personal laws for all citizens ## Footnote This aims to eliminate discrimination based on religion or gender.
63
What is the significance of the separation of judiciary from executive?
Ensures independence of the judiciary ## Footnote This is crucial for maintaining checks and balances in governance.
64
What do the Liberal-Intellectual Directive Principles protect?
Environment, forests, and wildlife ## Footnote This reflects a commitment to ecological sustainability.
65
What do the Liberal-Intellectual Directive Principles promote in terms of international relations?
International peace and respect for treaties ## Footnote This emphasizes the importance of global cooperation and diplomacy.
66
What are Fundamental Duties?
A set of 11 moral responsibilities that every Indian citizen is expected to follow ## Footnote Fundamental Duties emphasize the ethical obligations of citizens towards the nation.
67
When were the Fundamental Duties added to the Constitution?
In 1976 by the 42nd Amendment during the Emergency (1975–77) ## Footnote The addition was based on the recommendations of the Swaran Singh Committee.
68
What significant amendment added one more duty related to education?
The 86th Amendment in 2002 ## Footnote This amendment emphasized the importance of education as a duty of citizens.
69
Where are the Fundamental Duties mentioned in the Constitution?
In Part IV-A, under Article 51-A ## Footnote This section outlines the responsibilities expected of Indian citizens.
70
True or False: The Fundamental Duties were part of the original Constitution.
False ## Footnote They were added later, showing a shift towards emphasizing civic responsibilities.
71
How many Fundamental Duties are there?
11 ## Footnote These duties encompass various aspects of civic responsibility and ethical conduct.
72
What does secularism mean in India?
Equal respect and treatment for all religions ## Footnote Secularism in India emphasizes the equal status of all religions without favoring any.
73
What is one key characteristic of the Indian government regarding religion?
Does not have an official religion ## Footnote This characteristic ensures that the state remains neutral in religious matters.
74
True or False: The Indian government favors certain religions over others.
False ## Footnote The government does not discriminate against any religion.
75
What freedom does the Indian government allow regarding religion?
Complete freedom of religion, including the right not to believe ## Footnote This means individuals can choose to follow any religion or none at all.
76
What does the Indian government ensure for all individuals regardless of their religious beliefs?
Equal opportunities for all ## Footnote This principle upholds fairness and equality in societal participation.
77
How take decision during the National Emergency?
President of India
78
What are the types of Emergency in India?
1. National Emergency 2. State Emergency 3. Financial Emergency
79
What are 3 tier of gov of India?
1. Centre 2. State 3. Local (1922)
80
In which part of Constitution is Rural added?
Part 4 of 11th schedule
81
In which part of Constitution is Rural added?
Part 4-A in 12th schedule
82
What is co-operative society?
A group of people with common social/eco needs
83
Due to co-operative society, 3 need articles where added for that, which are they?
During 97th Amendment(2011): Article 19(1)(c) Article 43B Part 4-b

Constitution Of India (2 decks)

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