Open Test

Sovereignty simply implies that India is a state that takes its own decisions ultimately guided by the people. No external agency dictates terms to India. So, 1 is correct.
Statement 2: However, the notion of sovereignty does not seep into the framework of all democratic rights. For e.g. a sovereign state might verywell discriminate between its citizens, for e.g. as Pakistan does with all non-Muslims.
Statement 3: Same applies for freedom of speech and expression. A sovereign state may very well restrict freedom of speech, as it is not an absolute right, even though it is vital to a democracy.
Statement 4: This is only possible in an economic democracy.

Article 31A saves 5 categories of laws from being challenged and invalidated onthe ground of contravention of the Fundamental Rights conferred by Article 14 and Article 19. It includes the following:
Acquisition of estates and related rights by the state;
Taking over the management of properties by the state;
The amalgamation of corporations;
Extinguishment or modification of rights of directors or shareholders of corporations; and
Extinguishment or modification of mining leases.
However, it does not immunize a state law from judicial review, unless it has been reserved for the President”s assent. Under Article 31B none of the Acts and regulations specified in the Ninth Schedule will be deemed to be void on the ground that such Act is inconsistent with, or takes away, or abridges any of the rights conferred under the Fundamental Rights.
However, in I.R Coelho case, the Supreme Court ruled that there cannot be a blanket immunity for the laws placed under the Ninth Schedule. Hence, all laws placed after April 24, 1973, under the Ninth Schedule are open to judicial review.
The Twenty-fifth Amendment of the Constitution of India, officially known as The Constitution (Twenty-fifth Amendment) Act, 1971, curtailed the right to property and permitted the acquisition of private property by the government for public use, on the payment of compensation, which would be determined by the Parliament and not the courts.
The Amendment also exempted any law giving effect to Articles 39 (B) and (C) of the Directive Principles of State Policy from judicial review, even if it violated the Fundamental Rights. In the Kesavananda Bharati v/s the State of Kerala case, the Supreme Court observed that part of the 25th Constitution Amendment, which prevented judicial review of any law that gives effect to the Directive Principles, was declared unconstitutional. Hence, only statement 1 is correct.

o A Constitution performs the following basic functions:
To provide a set of basic rules that allow for minimal coordination amongst members of a society.
To specify who has the power to make decisions in a society. It decides how the government will be constituted.
To set some limits on what a government can impose on its citizens. These limits are fundamental in the sense that the government may never trespass them.
To enable the government to fulfill the aspirations of a society and create conditions for a just society.
o Hence, all the statements are correct.

o Statement 1 is not correct: While most of the fundamental rights are available against the state, a number of them are also available against private citizens and private corporations -:
Article 17 (against untouchability) and Article 23 (forced labor) are available against private individuals.
Article 15 (no discrimination against Religion, race, caste, sex, place of descent only, so economic discrimination is present) and Article 24 (child labor) are available against private corporations.
o Statement 2 is not correct: The constitution doesn”t define the term Untouchability”.
o Statement 3 is not correct: Untouchability refers to the social disabilities imposed on certain castes.
Thus, it doesn”t cover the social boycott of a few individuals or their exclusion from religious service, etc.
Hence, the practice of social boycott of a family for not permitting a lower caste in its house will not amount to practicing untouchability.

o The phrase Directive Principles of State Policy” denotes the ideals that the State should keep in mind while formulating policies and enacting laws. These are the constitutional instructions or recommendations to the State in legislative, executive and administrative matters.
o Although these directives are non-justiciable, they are fundamental to the governance of the country. Dr. B R Ambedkar had pointed out that the Directives have great value because they lay down that the goal of Indian polity is economic democracy” as distinguished from political democracy”.Sir B N Rau, the constitutional advisor to the Constituent Assembly, stated that the Directive Principles are intended as moral precepts for the authorities of the state. They have at least an educative value.” The Constitution does not aim at preparing the masses for a communist struggle. While some directive principles draw on Indian traditions (eg: organization of village panchayats), as a category they do not rely on ancient Indian wisdom to solve the problems of the modern world (eg: organization of agriculture and animal husbandry on modern and scientific lines).

The Indian Federation is not the result of an agreement among the states like the American Federation.
•The Indian states have no right to secede from the federation.
TERRITORY OF INDIA : Wider expression than the ‘Union of India’ because it includes not only the states but also union territories and territories that may be acquired by the Government of India at any future time.
UNION OF INDIA
It is narrower as compared to territory of India because it includes only states.

The Constitution of India is described as quasi-federal. It establishes a federal system of government. Some of the features of a federal system of government are as follows – Rigidity of Constitution,Independent judiciary ,Bicameralism, A written Constitution and Supremacy of Constitution.
However, the Indian Constitution also contains a large number of unitary or non-federal features, like – integrated judiciary, appointment of state governor by the Centre, all-India services, single citizenship, flexibility of Constitution, a strong Centre, single Constitution, emergency provisions, etc.
·Integrated Judiciary- It is a Unitary feature of the Constitution where supreme court is at the top below which there is a high court in state.This single system of courts enforces both central and state laws.
·Single Citizenship means a person is a citizen of India only and not of the respective states.it is one of the Unitary Features.
·Supremacy of Constitution- Constitution is the supreme law of the land; and all state organs including parliament, judiciary, states etc. are bound by it. They must act within the limits set by the Constitution. This is a feature of the Federal system of Government.
·Bicameralism-is the practice of having a legislature divided into two separate assemblies, chambers, or houses. In India it is divided in Lok sabha and Rajya Sabha.It is one of the features of the Federal system of Government.

The Preamble provides the source of authority of the Constitution as the people of India.
The Preamble provides liberty of thought, expression, belief, faith and worship. ·
The Preamble has been amended only once through 42nd Constitutional Amendment Act, 1976 which added three new words— Socialist, Secular and Integrity— to the Preamble.
In the Berubari Union case, the Supreme Court held that the Preamble is not a part of the Constitution. It is in the Kesavananda Bharati case that the Supreme Court held that the Preamble is part of the Constitution.

Statement 1 is not correct : The democratic polity, as stipulated in the Preamble is based on the doctrine of popular sovereignty, i.e. possession of supreme power by the people.
·The term ‘democratic’ used in the Preamble in the broader sense embracing not only political democracy but also social and economic democracy.
· Statement 3 is correct : Article 326 provides that the elections to Lok Sabha and the State Legislative Assemblies be on the basis of adult suffrage. Thus, it establishes political democracy in the country.

The union territories have been created for a variety of reasons.
These are:
(1) Political and administrative consideration—Delhi and Chandigarh.
(2) Cultural distinctiveness—Puducherry, Dadra and Nagar Haveli Daman and Diu.
(3) Strategic importance—Andaman and Nicobar Islands and Lakshadweep.
(4) Special treatment and care of the backward and tribal people—Mizoram, Manipur, Tripura and Arunachal Pradesh which later became states.

o The provisions in the Indian Constitution which deals with women rights and their welfare are as follows:-
Article 14 expresses that the State shall not deny to any person the equality before the law and equal protection of laws with in the territory of India.
Article 15 (1) prohibits the State to discriminate against any citizen on the grounds only of religion, race, caste, sex, place of birth or any of them.
Article 15 (3) permits the State to make special provisions for women and children.
Article 16 provides that there shall be equality of opportunity for all citizens and they shall not be discriminated on the basis of religion, race, caste and sex.
Article 39 (A) of the Constitution provides that the state in particular direct its policy towards securing that citizen, men and women equally, have the right to an adequate means of livelihood.
Article 39(E) of the Constitution provides that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength.
Article 51 (A)(E) of the Constitution provides that it will be the duty of every citizen to renounce practices derogatory to the dignity of women.

o Fundamental Rights are not absolute , it means that they can be subjected to reasonable restrictions. For example, right to absolute freedom of expression can lead to defamation, incitement to an offense etc.
o Fundamental Rights are not “sacrosanct”, it means that they can be repealed or modified by amending the Constitution.
o Fundamental Rights as the Political Rights of people means that there are limitations on the executive”s arbitrary power.

o Rule of law refers to the supremacy of law: that society is governed by law and this law applies equally to all persons, including government and state officials.
o Following basic principles of constitutionalism, common institutional provisions used to maintain the rule of law include the separation of powers, judicial review, the prohibition of retroactive legislation and habeas corpus. Genuine constitutionalism, therefore, provides a minimal guarantee of the justice of both the content and the form of law.
o On the other hand, constitutionalism is safeguarded by the rule of law. Only when the supremacy of the rule of law is established, can supremacy of the Constitution exist. Constitutionalism additionally requires effective laws and their enforcement to provide structure to its framework. o Hence, both the statements are correct.

o Statement 1 is correct and statement 2 is not correct: An Indian citizen who is ordinarily residing outside India and holds an Indian Passport is considered as Non-Resident Indian. Since he carries an Indian passport so he does not require visa whenever he intends to travel to India.
o Statement 3 is not correct: An NRI can have voting rights.
According to the provisions of the Representation of the People (Amendment) Act, 2010, a person who is a citizen of India and who has not acquired the citizenship of any other country and is otherwise eligible to be registered as a voter and who is absenting from his place of ordinary residence in India owing to his employment, education or otherwise is eligible to be registered as a voter in the constituency in which his place of residence in India as mentioned in his passport is located.

o Article 21 (Protection Of Life And Personal Liberty) states that no person shall be deprived of his life or personal liberty except according to procedure established by law. This article is available for both for citizen and non-citizen.
o Recently, the Supreme Court has ruled that a fundamental right under Article 19/21 can be enforced even against persons other than the State or its instrumentalities.
Grounds: SC relied on the 2017 verdict in Puttaswamy Case that upheld privacy as a fundamental right.
SC also referred to the landmark New York Times vs. Sullivan case.
In this case, the US Supreme Court found that defamation law, as applied by the State against The New York Times, was inconsistent with the Constitutional guarantee of the freedom of speech and expression.
The SC also said that this was a shift in US law from a “purely vertical approach” to a “horizontal approach.”
The court took this view while ruling that the right of free speech and expression guaranteed under the Article 19(1)(a) cannot be curbed by any additional grounds other than those already laid down in Article 19(2).
o Supreme Court through various judgments declared the following rights as part of Article 21:
The right to go abroad.
The right to privacy.
The right against solitary confinement.
The right against hand cuffing.
The right against delayed execution.
The right to shelter.
The right against custodial death.
The right against public hanging.
Doctors assistance
Hence, both the statements are correct.

o Indian Independence Act was passed in 1947.
o It ended the British rule in India and declared India as an independent and sovereign state from August 15, 1947.
o It provided for the partition of India and creation of two independent dominions of India and Pakistan with the right to secede from the British Commonwealth. The Constitution as adopted on November 26, 1949, contained a Preamble, 395 Articles and 8 Schedules. Some provisions of the Constitution pertaining to citizenship, elections, provisional parliament, temporary and transitional provisions, and short title contained in Articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392 and 393 came into force on November 26, 1949 itself.
o India became a federal, democratic republic after its constitution came into effect on 26 January 1950. Hence statement 1 is not correct.The remaining provisions (the major part) of the Constitution came into force on January 26, 1950. This day is referred to in the Constitution as the date of its commencement”, and celebrated as the Republic Day.
o Republic and the ideals of liberty, equality and fraternity in the Preamble are borrowed from French Constitution. Hence statement 2 is correct. In a republic, the head of the state is always elected directly or indirectly for a fixed period. In India President is head of the state and is indirectly elected while in the USA, he is directly elected. The term republic” in our Preamble indicates that India has an elected head called the president. He is elected indirectly for a fixed period of five years. Hence statement 3 is not correct.

o Constitutional monarchy is a system of government in which a monarch (king/queen) shares power with a constitutionally organized government. Constitutional monarchy differs from absolute monarchy (in which a monarch holds absolute power), in that constitutional monarchs are bound to exercise theirpowers and authorities within the limits prescribed within an established legal framework. Hence statement 1 is correct.
o While monarchy is unelected, unlike an elected presidency, constitutional monarchy allows for certain powers of the monarch to be limited and balanced by an elected body in the form of a Parliament of elected ministers. It is often seen that constitutional monarchy possesses two central positive features:
While presidents may see themselves in terms of a limited term of office, with them often being “retired” from other posts into the presidency, constitutional monarchy tends to involve a professional life-long commitment.
Monarchs often do not represent specific political views, and that they provide stability or act as a symbol of the state or nation. Hence statement 2 is correct.
o Constitutional monarchies:
o In Europe: United Kingdom, Netherlands, Belgium, Norway, Denmark, Spain, Luxembourg, Monaco, Liechtenstein, Sweden etc.
o In Asia: Japan, Thailand, Bhutan etc Hence Statement 3 is not correct.
o Hence option (A) is the correct answer.

Following are the features prescribed in the Preamble of the Constitution:
● Source of the authority of the Constitution: The Preamble states that the Constitution derives its authority from the people of India.
● Nature of Indian State: Sovereign, Socialist, Secular, Democratic and Republican polity.
● Objectives of the Constitution: It specifies justice, liberty, equality and fraternity as the objectives.
● Date of adoption of the Constitution: November 26, 1949, as the date.
● The form of Liberties: Liberty of thought, expression, belief, faith and worship.
● The form of equalities: Equality of status and of opportunity.
● Ideals of Justice: Social, Economic and Political
However, two things should be noted:
(1) The Preamble is neither a source of power to legislature nor a prohibition upon the powers of the legislature (Nothing is mentioned about any of the things in the Preamble). Hence, statement 2 is incorrect.
(2) It is non-justiciable, that is, its provisions are not enforceable in courts of law.

o Fundamental duties are contained in article 51A of Indian constitution. They were inserted by 42nd Constitution amendment on the recommendations of Swaran Singh Committee.
o Statement 1 is correct: Article 51A (A) – To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional diversities, to renounce practices derogatory to the dignity of women;
o Statement 2 is correct: Article 51A (C) – To uphold and protect the sovereignty, unity and integrity of India;
o Statements 3 and 4 are not correct: Raising voice against injustice and supporting bonafide government initiatives are not a part of fundamental duties.
o Complete list of Fundamental Duties
o It shall be the duty of every citizen of India:
to abide by the constitution and respect its ideal and institutions;
to cherish and follow the noble ideals which inspired our national struggle for freedom;
to uphold and protect the sovereignty, unity and integrity of India;
to defend the country and render national service when called upon to do so;
to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional diversities, to renounce practices derogatory to the dignity of women;
to value and preserve the rich heritage of our composite culture;
to protect and improve the natural environment including forests, lakes, rivers, and wild-life and to have compassion for living creatures;
to develop the scientific temper, humanism and the spirit of inquiry and reform;
to safeguard public property and to abjure violence;
to strive towards excellence in all spheres of individual and collective activity, so that the nation constantly rises to higher levels of endeavor and achievement.
to provide opportunities for education to his child or ward between the age of six and fourteen years. (Added by the 86th Constitutional Amendment)

The Citizenship Act 1955 describes the “deprivation” as one of the means of loss of Citizenship which is a compulsory termination of Indian Citizenship by the Central government, if:
i) The citizens have obtained the citizenship by fraud; Thus, statement 1 is correct.
ii) The citizen has shown disloyalty to the Constitution of India; Thus, statement 2 is correct.
iii) The citizen has unlawfully traded or communicated with the enemy during a war;
iv) The citizen has, within five years after registration or naturalization, been imprisoned in any country for two years; and Thus, statement 3 is incorrect.
v) The citizen has been ordinarily resident out of India for seven years continuously. Thus, statement 4 is correct.

In India, the Prime Minister enjoys a preeminent place in the government. The Council of Ministers cannot exist without the Prime Minister. The Council comes into existence only after the Prime Minister has taken the oath of office. The death or resignation of the Prime Minister automatically brings about the dissolution of the Council of Ministers, but the demise, dismissal or resignation of a minister only creates a ministerial vacancy. The Prime Minister acts as a link between the Council of Ministers on one hand and the President, as well as the Parliament, on the other. It is this role of the Prime Minister which led Pt. Nehru to describe him as “the Linchpin of Government”.
It is also the constitutional obligation of the Prime Minister to communicate to the President all decisions of the Council of Ministers relating to the administration of the affairs of the Union and proposals for legislation. The Prime Minister is involved in all crucial decisions of the government and decides on the policies of the government.

o A Presidential System is a form of government in which the president is the chief executive and is elected directly by the people.
In this system, all three branches – executive, legislative, and judiciary – are constitutionally independent of each other, and no branch can dismiss or dissolve any other.
o Features of the presidential system:
Head of the state is popularly elected. Hence statement 1 is correct.
The head of state is also the head of the government (cabinet). Hence statement 2 is not correct.
The executive is constitutionally independent of the legislature in respect to the duration of his or their tenure and responsible to it for his or their political policies. Hence statement 3 is not correct.
During his tenure parliament can neither appoint nor remove the government except according to the impeachment process.The president is not a part of the legislature. The president is also not merely the titular executive but he is the real executive and actually exercises the power, which the constitution and the law confer upon him. Executive power is thus vested in an independently electedpresident who is not directly accountable to or removable by the parliament. This type is found in the USA and in many Latin American countries.

The Supreme Court in order to adopt the principle of “sustainable development” and to give effect to the fundamental duties as enshrined under Article 51 (A) (g) i.e. to protect and improve the natural environment, provided the provision under Article 21 of the Part III i.e. Fundamental Rights and Article 48A of the DPSP. The Supreme Court held the “Precautionary Principle” and “Polluter Pays Principle” as acceptable as a part of the law of the country and provisioned to be implemented by the court of law.

Statement 1 is correct. There is no provision in the Constitution for direct enforcement of any of these Duties.
Statement 2 is incorrect. There is no provision in the Constitution for the sanctions to prevent violation of the Fundamental Duties. There is no legal sanction against their violation mentioned in the Constitution.
Statement 3 is correct. Parliament is free to enforce them by suitable legislation.

o It was in 1934 that the idea of a Constituent Assembly for India was put forward for the first time by Manabendra Nath Roy, a pioneer of the communist movement in India. In 1935, the Indian National Congress (INC), for the first time, officially demanded a Constituent Assembly to frame the Constitution of India. Hence, statement 1 is correct.
o The Constituent Assembly was constituted in November 1946 under the scheme formulated by the Cabinet Mission Plan. Hence, statement 2 is not correct.
o Seats allocated to each British province were to be divided among the three principal communities— Muslims, Sikhs and general (all except Muslims and Sikhs), in proportion to their population.
o The representatives of each community were to be elected by members of that community in the provincial legislative assembly and voting was to be by the method of proportional representation by means of a single transferable vote. Hence, representatives of British provinces were indirectly elected. Hence, statement 3 is correct.

o Article 38 (DPSP) in the Constitution Of India 1949 says: The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life.
o Preamble of our constitution reads as follows: WE, THE PEOPLE OF INDIA, have solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens: JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation; IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.
o Even though the objective of fundamental rights is to ensure political justice, the word “political justice” does not find mention in this part.

o Any citizen of India of full age and capacity can make a declaration renouncing his Indian citizenship.
Upon the registration of that declaration, that person ceases to be a citizen of India. However, if such a declaration is made during a war in which India is engaged, its registration shall be withheld by the Central Government.
o Further, when a person renounces his Indian citizenship, every minor child of that person also loses Indian citizenship. However, when such a child attains the age of eighteen, he may resume Indian citizenship. Hence option (C) is correct.
o Also, India, as well as Canada, have a single citizenship provision. So a person can be acquired either Indian citizenship or Canadian citizenship at a time, but not both simultaneously.

● Statement 1 is incorrect: Objective resolution moved by Nehru in 1946, encapsulated the aspirations and values behind the Constitution.
Based on this resolution, our Constitution gave institutional expression to these fundamental commitments: equality, liberty, democracy, sovereignty and a cosmopolitan identity. Thus, our Constitution is not merely a maze of rules and procedures, but a moral commitment to establish a government that will fulfil the many promises that the nationalist movement held before the people.
● Statement 2 is correct: The basic principle is that the government must be democratic and committed to the welfare of the people. The Constituent Assembly spent a lot of time on evolving the right balance among the various institutions like the executive, the legislature and the judiciary.
● This led to the adoption of the parliamentary form and the federal arrangement, which would distribute governmental powers between the legislature and the executive on the one hand and between the States and the central government on the other hand.

● Statement 1 is correct: The term ‘liberty’ means the absence of restraints on the activities of individuals, and at the same time, providing opportunities for the development of individual personalities. Liberty as elaborated in the Preamble is very essential for the successful functioning of the Indian democratic system.
However, liberty does not mean ‘license’ to do what one likes, and has to be enjoyed within the limitations mentioned in the Constitution itself the liberty conceived by the Preamble or fundamental rights is not absolute but qualified.
The ideals of liberty, equality and fraternity in our Preamble have been taken from the French Revolution (1789–1799).
● Statement 2 is incorrect: Indian brand of socialism is a ‘democratic socialism’ and not a ‘communistic socialism’ (also known as ‘state socialism’) which involves the nationalization of all means of production and distribution and the abolition of private property. Democratic socialism, on the other hand, holds faith in a ‘mixed economy’ where both public and private sectors co-exist side by side. As the Supreme Court says, ‘Democratic socialism aims to end poverty, ignorance, disease and inequality of opportunity. Indian socialism is a blend of Marxism and Gandhism, leaning heavily towards Gandhian socialism.

● Statement 1 and 3 are correct: Directives in Part IV of the Constitution were not enforceable in any manner under the original Constitution.
However, in order to accord primacy to some of the directives over Fundamental rights, the 25th Amendment Act inserted a new Article 31C which contained the following two provisions:
o No law which seeks to implement the socialistic Directive Principles specified in Article 39 (b) and (c) shall be void on the ground of contravention of the Fundamental Rights conferred by Article 14 (equality before law and equal protection of laws) or Article 19 (protection of six rights in respect of speech, assembly, movement, etc).
o Article 39 (b) – They direct the state to secure the equitable distribution of material resources of the community for the common good.
o Article 39 (c) – They direct the state to prevent the concentration of wealth and means of production
● No law containing a declaration for giving effect to such a policy shall be questioned in any court on the ground that it does not give effect to such a policy. However this provision was declared unconstitutional by the Supreme Court in the Minerva Mills case(1980).

While identifying different kinds of inequalities that exist in the society, various thinkers and ideologies have highlighted three main dimensions of equality, viz., political, social and economic. It is only by addressing each of these three different dimensions of equality can we move towards a more just and equal society.
Political Equality – In democratic societies political equality would normally include granting equal citizenship to all the members of the state. Equal citizenship brings with it certain basic rights, such as the right to vote, the freedom of expression, movement and association and the freedom of belief.
These are the rights which are considered necessary to enable the citizens to develop themselves and participate in the affairs of the state. But they are legal rights, guaranteed by the Constitution and laws.
We know that considerable inequality can exist even in the countries which grant equal rights to all the citizens. These inequalities are often the result of differences in the resources and opportunities which are available to the citizens in the social and economic spheres. For this reason, a demand is often made for equal opportunities, or for “a level playing field”. But we should remember that, although political and legal equality by itself may not be sufficient to build a just and egalitarian society, it is certainly an important component of it.
Social Equality – Political equality or equality before the law is an important first step in the pursuit of equality, but it often needs to be supplemented by the equality of opportunities. While the former is necessary to remove any legal hurdles which might exclude the people from a voice in the government and deny them access to the available social goods, the pursuit of equality requires that the people belonging to different groups and communities also have a fair and equal chance to compete for those goods and opportunities.
For this, it is necessary to minimize the effects of social and economic inequalities and guarantee certain minimum conditions of life to all the members of the society — adequate health care, the opportunity for good education, adequate nourishment and a minimum wage, among other things. In the absence of such facilities, it is exceedingly difficult for all the members of the society to compete on equal terms. Where the equality of opportunity does not exist, a huge pool of potential talent tends to be wasted in the society. In India, a special problem regarding equal opportunities comes not just from the lack of facilities, but from some of the customs which may prevail in different parts of the country, or among different groups. Women, for instance, may not enjoy equal rights of inheritance in some groups, or there may be social prohibitions regarding their taking part in certain kinds of activities, or they may even be discouraged from obtaining higher education.
The state has a significant role in such matters. It should make policies to prevent discrimination or harassment of the women in public places or employment, to provide incentives to open up education or certain professions to the women and other such measures. But, social groups and individuals also have a role to play in raising awareness and supporting those who want to exercise their rights.
Economic Equality – At the simplest level, we would say that economic inequality exists in a society if there are significant differences in wealth, property or income between the individuals or the classes. One way of measuring the degree of economic inequality in a society would be to measure the relative difference between the richest and the poorest groups. Another way could be to estimatethe number of people who live below the poverty line. Of course, absolute equality of wealth or income has probably never existed in a society. Most democracies today try to make equal opportunities available to the people in the belief that this would at least give those who have talent and determination the chance to improve their condition. With equal opportunities, inequalities may continueto exist between the individuals, but there is the possibility of improving one”s position in the society with sufficient effort.
Inequalities which are entrenched,
i.e., which remain relatively untouched over generations, are more dangerous for a society. If, in a society, certain classes of people have enjoyed considerable wealth and the power which goes with it, over generations, the society would become divided between those classes and others, who have remained poor over generations.
Over time, such class differences can give rise to resentment and violence. Because of the power of the wealthy classes, it might prove difficult to reform such a society to make it more open and egalitarian.

Statement 1 is incorrect. Backward classes of citizens are not defined in the Constitution. In the Indian context, lower castes are treated as backwards. A caste may by itself constitute a class.
Statement 2 is correct. Identification of backward classes is subject to judicial review.
Statement 3 is incorrect. The backwardness contemplated by Article 16 is mainly social. It need not be both social and educational

o The Constitution provides for categorization of fundamental rights as follows:
Right to equality(Articles 14-18)
Right to freedom(Articles19-22)
i. Protection of six rights regarding freedom of : speech and expression; assembly; associations; movement;residence; and profession (Article 19)
ii. Protection in respect of conviction for offences (Article 20)
iii. Protection of life and personal liberty (Article 21). Hence statement 2 is not correct.
iv. Right to elementary education (Artile 21A)
v. Protection against arrest and detention in certain cases (Article 22)
Right against exploitation (Articles 23 and 24)
i. Prohibition of traffic in human beings and forced labour(Article 23)
ii. Prohibition of employment of children in factories, etc.(Articled 24)
Right to freedom of religion (Article 25-28)
i. Freedom of conscience and free profession, practice and propagation of religion (Article 25). Hence statement 3 is correct.
ii. Freedom to manage religious affairs. (Article 26)
iii. Freedom as to payment of taxes for promotion of any particular religion (Article 27)
iv. Freedom as to attendance at religious instruction or religious worship in certain educational institutions (Article 28)
Cultural and educational rights(Article 29 and 30)
i. Protection of interests (culture and language) of minorities (Article 29). Hence statement 1 is not correct.
ii. Right of minorities to establish and administer educational institutions (Article 30)

In indirect democracy, representatives elected by people exercise the supreme power and thus carry on the government and make the laws. This type of democracy, also known as representative democracy, is of two kinds—parliamentary and presidential.
The term ‘democratic’ is used in the Preamble in the broader sense embracing not only political democracy but also social and economic democracy.

•The American President is both the head of the State and the head of government. As the head of State, he occupies a ceremonial position. As the head of government, he leads the executive organ of government. The doctrine of separation of powers is the basis of the American presidential system.
•The legislative, executive and judicial powers of the government are separated and vested in the three independent organs of the government.

Dual Polity, Written Constitution, Division of Powers, Independent Judiciary are some of the Federal features of the Indian Constitution.
Integrated Judiciary, Single Constitution, Integrated Election machinery, Emergency Provisions are some of the unitary features of the Indian Constitution.

The Constitution does not favour the monopoly or the accumulation of power under one institution. It rather promotes fragmentation of power among the various organs of government like the Legislature, executive and the Judiciary. The Constitution favours the system of internal checks and balances amongst these institutions.
The 42nd Constitutional Amendment Act, 1976 inserted Fundamental duties under Article 51A in Part IV-A of the Constitution. However, the Constitution is silent on the enforcement of these duties. Hence, it does not make the enjoyment of rights conditional upon the fulfilment of the duties.
Conduction of free and fair elections is essential for the functioning of a democracy. However, in the Indian case, citizens have a limited role in making policy decisions as Indian Constitution envisages indirect democracy and not direct. It would be unsuitable to have direct democracy for a vast diverse country like India. Hence, elected representatives play an important role in day-to-day policy decisions and running of administration.
Judges are removed by the special majority of the two houses of the Parliament on the grounds of proved misbehaviour and incapacity. However, to ensure the independence of the Judiciary they are not accountable to the Parliament but to the Constitution itself.

Those matters which in other modern democratic countries have been left to ordinary legislation or established political conventions have also been included in the constitution itself in India. The Constitution of India thus not only contains the fundamental principles of governance but also detailed administrative provisions.
The political part of the Constitution i.e the principle of Cabinet Government and the relations between the Executive and the Legislature have been largely drawn from the British Constitution. This was largely because of familiarity with the system prevailing during colonial times.
The Indian Constitution adopted universal adult franchise as a basis of elections to the Lok Sabha and the state legislative assemblies ever since enactment of the Constitution. The voting age was fixed at 21 years when the constitution was enacted. The 61st Constitutional Amendment Act of 1988 provided that Every citizen who is not less than 18 years of age got a right to vote without any discrimination of caste, race, religion, sex, literacy, wealth and so on.

The word sovereign implies that India is neither a dependency nor a dominion of any other nation, but an independent state. There is no authority or state above it, and it is free to conduct its own affairs (both internal and external). Being a sovereign state, India can also acquire a foreign territory or cede a part of its territory in favour of a foreign state.
The term Republic in our Preamble indicates that India has a president as an elected head. He is elected indirectly for a fixed period of five years. A republic also means vesting of political sovereignty in the people and not in a single individual like a king·
Moreover, it also implies the absence of any privileged class and hence all public offices being opened to every citizen without any discrimination.

Democracy is of two types: direct and indirect. In direct democracy, the people exercise their supreme power directly as is the case in Switzerland.
•There are four devices of direct democracy, namely, Referendum, Initiative, Recall and Plebiscite.
•In indirect democracy, on the other hand, the representatives elected by the people exercise the supreme power and thus carry on the government and make the laws.
•This type of democracy, also known as representative democracy, is of two kinds: parliamentary and presidential.
•The Indian Constitution provides for representative parliamentary democracy under which the executive is responsible to the legislature for all its policies and actions.
•Universal adult franchise, periodic elections, rule of law, independence of judiciary, and absence of discrimination on certain grounds are the manifestations of the democratic character of the Indian polity.

A democratic polity can be classified into two categories– monarchy and republic. In a monarchy, the head of the state (usually king or queen) enjoys a hereditary position, that is, he comes into office through succession, e.g., Britain. In a republic, on the other hand, the head of the state is always elected directly or indirectly for a fixed period, e.g., USA.
Therefore, the term ‘republic’ in our Preamble indicates that India has an elected head called the president. He is elected indirectly for a fixed period of five years.
A republic also means two more things: one, vesting of political sovereignty in the people and not in a single individual like a king; second, the absence of any privileged class and hence all public offices being opened to every citizen without any discrimination.

The legislature and executive wings of the Government fail to discharge their duties under the Constitution and Supreme Court intervenes. – This describes a scenario where the judiciary intervenes due to the failure of other branches of government. It reflects judicial activism.
A higher court intervenes through appeals against the judgments of the lower court. – This is a regular judicial function and does not necessarily indicate judicial activism.
A court monitors the development in a case during the trial period and issues necessary directions. – This indicates judicial oversight and management of legal proceedings, which can be a part of judicial activism.
It encourages Public Interest Litigation and liberalizes the principle of ‘Locus Standi’. – This reflects a proactive approach by the judiciary to allow broader access to justice and address public interest issues. It aligns with judicial activism.
So, the correct answer is (C) Only 1, 3, and 4.

● Statement 1 is correct: A Uniform Civil Code is one that would provide for one law for the entire country, applicable to all religious communities in their personal matters such as marriage, divorce, inheritance, adoption, etc. Article 44 of the Constitution lays down that the state shall endeavor to secure a Uniform Civil Code for the citizens throughout the territory of India. Article 44 is one of the Directive Principles of State Policy. These, as defined in Article 37, are not justiciable (not enforceable by any court) but the principles laid down therein are fundamental in governance.
● Statement 2 is incorrect: Recently, Uttarakhand, the second Indian state and the first after independence, has taken a significant step by implementing a Uniform Civil Code (UCC). This code aims to provide a legal framework for all citizens, irrespective of their religion.

Socialistic Principles
● These principles reflect the ideology of socialism.
They lay down the framework of a democratic socialist state, aim at providing social and economic justice, and set the path towards a welfare state They direct the state:
● To promote equal justice and to provide free legal aid to the poor (Article 39 A).
● To secure the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement (Article 41).
● To make provision for just and humane conditions of work and maternity relief (Article 42).
● To secure a living wage, a decent standard of life and social and cultural opportunities for all workers (Article 43).
● To take steps to secure the participation of workers in the management of industries (Article 43 A).
● To raise the level of nutrition and the standard of living of people and to improve public health (Article 47). Etc

The federal features of the Constitution of India
● Dual Polity: The Constitution establishes a dual polity consisting the Union at the Center and the states at the periphery. Each is endowed with sovereign powers to be exercised in the field assigned to them respectively by the Constitution.
The Union government deals with matters of national importance like defense, foreign affairs, currency, communication and so on. The state governments, on the other hand, look after the matters of regional and local importance like public order, agriculture, health, local government and so on.
● Independent Judiciary: The Constitution establishes an independent judiciary headed by the Supreme Court for two purposes: one, to protect the supremacy of the Constitution by exercising the power of judicial review; and two, to settle the disputes between the Center and the states or between the states.
● Bicameralism: The Constitution provides for a bicameral legislature consisting of an Upper House (Rajya Sabha) and a Lower House (Lok Sabha). The Rajya Sabha represents the states of Indian Federation, while the Lok Sabha represents the people of India as a whole. The Rajya Sabha (even though a less powerful chamber) is required to maintain the federal equilibrium by protecting the interests of the states against the undue interference of the Center.
● Other features of the Federal system of the government: written constitution, Supremacy of the constitution, division of powers, rigid constitution.
● Strong center and all India services are not the feature of the federal system of government.

•Indian Councils Act of 1909 is also known as Morley-Minto Reforms.
•It considerably increased the size of the legislative councils, both Central and provincial.
•It retained official majority in the Central legislative council, but allowed the provincial legislative councils to have nonofficial majority.
•It provided for the first time, for the association of Indians with the executive councils of the Viceroy and Governors. Satyendra Prasad Sinha became the first Indian to join the Viceroy’s executive council. He was appointed as the Law Member.
•It introduced a system of communal representation for Muslims by accepting the concept of ‘separate electorate’.

•The representatives to Constituent Assembly are not directly elected by people of India.
•The representatives (to Constituent Assembly) of each community were to be elected by members of that community in the provincial legislative assembly and voting was to be by the method of proportional representation by means of single transferable vote.
•The representatives of the princely states were to be nominated by the heads of the princely states.
•The representatives of the princely states, who had stayed away from the Constituent Assembly, gradually joined it. On April 28, 1947, representatives of the six states were part of the Assembly.
•The Constituent Assembly was a made a fully sovereign body by the Indian Independence Act of 1947.

The seats are allotted to the states in the Rajya Sabha on the basis of population. Hence, the number of representatives varies from state to state.
Its federal features include a written constitution, rigid constitution, distribution of powers between Centre and states, Independent judiciary, bicameral legislature etc. However, it also includes features like single citizenship, the appointment of governors, emergency provision etc which are unitary features.

•Preamble of Indian Constitution is taken from American Constitution.
•Preamble is not enforceable in a court of law.
•It has been amended by the 42nd constitutional Amendment Act (1976), which added three new words—socialist, secular and integrity.

‘Territory of India’ is wider expression than ‘Union of India’ because latter includes only states while the former includes not only the states but also union territories and territories that may be acquired by the Government of India at any future time.
The names of states and union territories and their territorial extent are mentioned in the first schedule of the Constitution.
India acquired several foreign territories such as Dadra and Nagar Haveli; Goa, Daman and Diu; Puducherry; and Sikkim since commencement of the Constitution.

Loss of Citizenship
•By Renunciation Any citizen of India of full age and capacity can make a declaration renouncing his Indian citizenship.
•By Termination When an Indian citizen voluntarily (consciously, knowingly and without duress, undue influence or compulsion) acquires the citizenship of another country,
•By Deprivation It is a compulsory termination of Indian citizenship by the Central government, if:
othe citizen has obtained the citizenship by fraud:
othe citizen has shown disloyalty to the Constitution of India:
othe citizen has unlawfully traded or communicated with enemy during a war;
othe citizen has, within five years after registration or naturalisation, been imprisoned in any country for two years; and the citizen has been ordinarily resident out of India for 7years continuously.

•They are not sacrosanct and can be amended.
•They are available against states and Private Individual also.
•Fundamental rights put check and balances on Executive and legislature.

● Statement 1 is Incorrect: According to Article 1, the territory of India can be classified into three categories: 1. Territories of the states 2. Union territories 3. Territories that may be acquired by the Government of India at any time. The Territory of India is a wider expression than the Union of India as ‘Union of India’ includes only states.
● Statement 2 is Incorrect: Territory of India includes not only the states, but also union territories and territories that may be acquired by the Government of India at any future time and Union of India includes only states. The states are the members of the federal system and share a distribution of powers with the Centre. The union territories and the acquired territories, on the other hand, are directly administered by the Central government.

● Statement 1 is Incorrect: Article 2 deals with admission or establishment of new States:
Parliament may by law admit into the Union, or establish, new States on such terms and conditions, as it thinks fit . Article 2 grants two powers to the Parliament:
(1) the power to admit into the Union of India new states; and
(2) the power to establish new states.
• The first refers to the admission of states which are already in existence while the second refers to the establishment of states which were not in existence before.
• Also Article 2 relates to the admission or establishment of new states that are not part of the Union of India. If there is any territory which is not a part of India, then that would be included into India under Article 2.. E.g. Sikkim.
Sikkim was thus included in India under article 2.
• Statement 2 is/are Incorrect: Article 3 provides for formation or changes into existing states of India. If there is any territory which is part of India, then that will come under article 3. Eg. Telangana .Notably, Article 3 relates to the formation of or changes in the existing states of the Union of India.

Directive Principles, though non-justiciable in nature, help the courts in examining and determining the constitutional validity of a law. The Supreme Court has ruled many a times that in determining the constitutional validity of any law, if a court finds that the law in question seeks to give effect to a Directive Principle, it may consider such law to be ‘reasonable’ in relation to Article 14 or 19 and thus save such law from unconstitutionality.
In Minerva Mills case, the Supreme Court held that ‘the Indian Constitution is founded on the bedrock of the balance between the Fundamental Rights and Directive Principles. To give absolute primacy to one over the other is to disturb the harmony of the Constitution.

The provision for Uniform Civil Code has been provided under Article 44 of the Constitution which reads that “The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.”
In the Champakam Dorairajan case (1951), the Supreme Court held that in case of any conflict between the Fundamental rights and directive principles of state policy, the former would prevail.
In the Golaknath case (1967), the Supreme Court held that Parliament cannot take away or abridge any of the Fundamental Rights.
25th Constitutional Amendment Act (1971) inserted a new Article 31C – Saving of laws giving effect to certain Directive Principles.

American Constitution: 1st to begin with preamble.
•Preamble of Indian Constitution is based upon Objective Resolution drafted & moved by Pandit Nehru on 13 December 1946 and adopted by Constituent Assembly on 22 January 1947.
•Amended only once by 42 nd Amendment 1976: added 3 new words- Socialist, Secular & Integrity.
•The preamble embodies the basic philosophy and fundamental values- political, moral and religious on which constitution is based.
•Contains the grand and noble vision of the Constituent Assembly, and reflects the dreams and aspirations of the founding fathers of the Constitution.
•Preamble is neither a source of power to the legislature nor a prohibition on powers of legislature.
•It is non-justiciable – non enforceable in courts of law.
•Preamble resembles the Declaration of Independence of the United States of America – M. Hidayatullah.
•Preamble was enacted by the Constituent Assembly after the rest of the Constitution was already enacted to ensure its conformity with the Constitution.
•“We the people of India” – Emphasizes that the constitution is made by and for the Indian people. It emphasizes the “concept of popular sovereignty”.

The parliamentary system in India is largely based on the British parliamentary system. However, it never became a replica of the British system and differs in several aspects.
India has a republican system in place of British monarchical system. The Head of the State in India (that is, President) is elected, while the Head of the State in Britain (that is, King or Queen) enjoys a hereditary position.
The British system is based on the doctrine of the sovereignty of Parliament, while the Parliament is not supreme in India and enjoys limited and restricted powers due to a written Constitution, federal system, judicial review and fundamental rights.
Britain has the system of legal responsibility of the minister while India has no such system. Unlike in Britain, the ministers in India are not required to countersign the official acts of the Head of the State.
‘Shadow cabinet’ is a unique institution of the British cabinet system. There is no such institution in India.

The Directive Principles are non-justiciable in nature, that is, they are not legally enforceable by the courts for their violation. Therefore, the government (Central, state and local) cannot be compelled to implement them. Nevertheless, the Constitution (Article 37) itself says that these principles are fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.
The Directive Principles, though non-justiciable in nature, help the courts in examining and determining the constitutional validity of a law. The Supreme Court has ruled many a times that in determining the constitutionality of any law, if a court finds that the law in question seeks to give effect to a Directive Principle, it may consider such law to be reasonable‘ in relation to Article 14 (equality before law) or Article 19 (six freedoms) and thus save such law from unconstitutionality.
The Fundamental Rights are meant for promoting the ideal of political democracy. They prevent the establishment of an authoritarian and despotic rule in the country, and protect the liberties and freedoms of the people against the invasion by the State. They operate as limitations on the tyranny of the executive and arbitrary laws of the legislature.

DPSPs are positive obligations on the State. The courts can’t declare a law violative of any DPSPs as unconstitutional and invalid. The concept of DPSP has been borrowed from the Irish Constitution.
The Directive Principles constitute a very comprehensive economic, social and political programme for a modern democratic State. They aim at realising the high ideals of justice, liberty, equality and fraternity as outlined in the Preamble to the Constitution.
The Directive Principles, though non-justiciable in nature, help the courts in examining and determining the constitutional validity of a law.

In India, the right to vote is provided by the Constitution and the Representation of People’s Act, 1951, subject to certain disqualifications. Article 326 of the Constitution guarantees the right to vote to every citizen above the age of 18. Further, Section 62 of the Representation of Peoples Act (RoPA), 1951 states that every person who is in the electoral roll of that constituency will be entitled to vote. And rest other options are fundamental duties.

Statement 1 is correct. The freedom of assembly under article 19 of the Constitution does not include the right to strike. Also, the assembly must be peaceful and unarmed.
This provision does not protect violent, disorderly, riotous assemblies, or one that causes breach of public peace or one that involves arms.
Statement 2 is correct. Every citizen has the right to assemble peaceably and without arms. It includes the rightto hold public meetings, demonstrations and take out processions. This freedom can be exercised only onpublic land.
Statement 3 is incorrect. The State can impose reasonable restrictions on the exercise of right of assemblyon two grounds, namely, sovereignty and integrity of India and public order including the maintenance of traffic in the area concerned.

Statement 1 is incorrect: Article 20 of the Constitution grants protection against arbitrary and excessive punishment to an accused person, whether citizen or foreigner or legal person like a company or corporation.
● Statement 2 is correct: Article 20 contains three provisions-
i) ex-facto law
ii) No double jeopardy
iii) No self incrimination
● An ex-facto law is one that imposes a penalty retrospectively. The enactment of such a law is prohibited by first provision of Article 20.
However this limitation is imposed only on criminal laws and not on civil laws or tax laws.
● Statement 3 is correct: The protection against double jeopardy is available only in proceedings before a court of law or a judicial tribunal. It is not available in proceedings before departmental or administrative authorities as they are not of judicial nature.

● Statement 1 is incorrect: Article 32 confers the right to remedies for the enforcement of the Fundamental rights of an aggrieved citizen. In case of enforcement of Fundamental Rights, the jurisdiction of the Supreme court is original but not exclusive. It is concurrent with the jurisdiction of the high court under article 226.
● Statement 2 is incorrect: Parliament can empower any other court to issue directions, orders and writs of all kinds. However this can be done without prejudice to the powers conferred on the Supreme and high court.
● Statement 3 is correct: The violation of a fundamental right is the sine qua non for the exercise of the right conferred by article 32. In other words, the Supreme Court under Article 32 cannot determine a question that does not invoke Fundamental rights.

Article 21 of the Constitution is a fundamental right which reads as follows:
“No person shall be deprived of his life or personal liberty except according toprocedure established by law.”
Though this Article does not explicitly mention the environment, the Supreme Court and the various High Courts of the country have given a wider interpretation to the word “life” in this Article.
The Supreme Court in Subhas Kumar V. State of Bihar (AIR 1991 SC 420) heldthat right to environment is a fundamental right of every citizen of India and is included in the “right to life” guaranteed under Article 21 of the Constitution of India.
A Public Interest Litigation (PIL) is maintainable in the High Court or Supreme Court at the instance of affected persons or even by a group of social workers or journalists for prevention of pollution.

Statement 1: Fundamental Rights protect citizens against the arbitrary and absolute exercise of power by the State. For e.g. the right to free speech also includes the right to criticize the government; the right to life and liberty means the state cannot take away one life without a valid law.
Statement 2: For e.g. Articles 29-30 provide minorities with a right to conserve their religion and cultural heritage. In Niyamgiri hills Odisha (a tribal region), SC declared Vendant mining as ultra vires the constitution since it polluted the hill which was considered as sacred by the tribals. So, 2 is correct.

● Statement 1 is incorrect: The division of powers is in favor of the Center and highly inequitable from the federal angle:
o Firstly, the Union List contains more subjects than the State List.
o Secondly, the more important subjects have been included in the Union List.
o Thirdly, the Center has overriding authority over the Concurrent List.
o Finally, the residuary powers have also been left with the Center.
● Statement 2 is incorrect: The process of constitutional amendment is less rigid than what is found in other federations. The bulk of the Constitution can be amended by the unilateral action of the Parliament, either by simple majority or by special majority. Further, the power to initiate an amendment to the Constitution lies only with the Center.
● Statement 3 is incorrect: The governor, who is the head of the state, is appointed by the President. He holds office during the pleasure of the President. He also acts as an agent of the Centre. Through him, the Centre exercises control over the states. The governor is empowered to reserve certain types of bills passed by the state legislature for the consideration of the President.
● Statement 4 is correct: The Constitution establishes an independent judiciary headed by the Supreme Court for two purposes: one, to protect the supremacy of the Constitution by exercising the power of judicial review; and two, to settle the disputes between the Centre and the states or between the states. The Constitution contains various measures like security of tenure to judges, fixed service conditions and so on to make the judiciary independent of the government.

Statement 1: To prevent conflicts between the centre and the State, there is an independent judiciary to settle disputes. The more independent the judiciary is, the more effectively it will be able to settle the disputes and enforce rule of law rather than the domination of the Centre.
The judiciary has the powers to resolve disputes between the central government and the States on legal matters about the division of power.
Statement 2: Certain subjects, which concern the nation as a whole, for example, defence or currency, are the responsibility of the union or central government.
Regional or local matters are the responsibility of the regional or State government.
Appropriate division of responsibility at the appropriate level (for e.g. local sanitationat the PRIs level and national defence at the Central level) is called principle of subsidiarity.

Statement 1: This is a provision under A355 of the constitution. It says, “It shall be the duty of the Union to protect every State against external aggression and internal disturbance and to ensure that the government of every State is carried on in accordance with the provisions of this Constitution.”
Statement 2: President”s Rule is applied under this case under Article A356 of the Constitution.
It can also be applied when the state government has wilfully disobeyed the directions of the Central government and disturbed the constitutional distribution of executive power.

All statements are correct.
Functions of a Constitution are –
1) The first function of a constitution is to provide a set of basic rules that allow for minimal coordination amongst members of a society.
2) The second function of a constitution is to specify who has the power to makedecisions in a society. It decides how the government will be constituted.
3) The third function of a constitution is to set some limits on what a government can impose on its citizens. These limits are fundamental in the sense that government may never trespass them.
4) The fourth function of a constitution is to enable the government to fulfil theaspirations of a society and create conditions for a just society.

Before 15 August 1947, peaceful negotiations had brought almost all stateswhose territories were contiguous to the new boundaries of India, into the Indian Union.The rulers of most of the states signed a document called the “Instrument of Accession” which meant that their state agreed to become a part of the Union of India. Accession of the Princely States of Junagadh, Hyderabad, Kashmir and Manipur proved more difficult than the rest. The issue of Junagarh was resolved after a plebiscite confirmed people”s desire to join India.
Statement 1 is correct. Hyderabad, the largest of the Princely States was surrounded entirely by Indian territory. Some parts of the old Hyderabad state are today parts of Maharashtra, Karnataka and Andhra Pradesh.
Statement 2 is correct. Operation Polo was the code name of the Hyderabad “police action” in September 1948, by the then newly independent Dominion of India against Hyderabad State. It was a military operation in which the Indian Armed Forces invaded the Nizam-ruled princely state, annexing it into the Indian Union.
Statement 3 is incorrect. Manipur was the first part of India to hold an election based on universal adult franchise.

The National Commission for Scheduled Tribes, shall consist of a Chairperson, Vice-Chairperson and three other Members and the conditions of service and tenure of office of the Chairperson, Vice- Chairperson and other members so appointed shall be such as the President may determine.
The Commission is vested with powers of a civil court having authority to: Summon and enforce attendance of any person and examine on oath; Discovery & production of any documents, Receive evidence on affidavits; Requisition any public record or copy thereof from any court or office; Issue Commissions for examination of witnesses and documents; and Any matter which President, by rule, may determine.
The Union Minister of Tribal Affairs does not serve as an Ex-officio Vice- Chairperson of the Commission.

The conditions in which, the constitutional position of the Legislative Council is equal with that of the Legislative Assembly are:
i) Introduction and passage of Ordinary Bills. However, in case of disagreement between the two Houses, the will of the assembly prevails over that of the council.
ii) Approval of ordinances issued by the governor.
iii) Selection of ministers including the chief minister. Under the Constitution the, ministers including the chief minister can be members of either House of the state legislature. However, irrespective of their membership, they are responsible only to the assembly.
iv) Consideration of the reports of the constitutional bodies like State Finance Commission, state public service commission and Comptroller and Auditor General of India.
v) Enlargement of the jurisdiction of the state public service commission.
However, the Legislative Council does not participate in the election of the representatives of the state in the Rajya Sabha.

The International Criminal Court (ICC) is the court of last resort for prosecution of genocide, war crimes, and crimes against humanity.
• International Criminal Court (ICC) (not ICJ)is the first permanent, treaty based, international court established to help end impunity for the perpetrators of the most serious crimes of concern to the international community.
Its founding treaty, the Rome Statute, into force on July 1, 2002.
• Funding : Although entered States Parties pay the majority of the Court’s costs, it also accepts contributions from governments, international organisations, individuals, corporations, and othe entities. The Assembly of States Parties , the Court’s management supervision and legislative body, is made up of one delegate party from each state.

About United Nation Specialised Agency:
•UN specialized agencies are international organizations working with the UN, in accordance with relationship agreements between each organization and the UN.
Specialized Agencies each have a process for admitting members and appointing their administrative head. Following are the specialised agencies of the United Nation –
Food and Agriculture Organization of the United Nations
oInternational Civil Aviation Organization
oInternational Fund for Agricultural Development
oInternational Labour Organization
o International Monetary Fund
oInternational Maritime Organization
o International Telecommunication Union
oUnited Nations Educational, Scientific and Cultural Organization
o United Nations Industrial Development Organization
oWorld Tourism Organization
oUniversal Postal Union o World Health Organization
oWorld Intellectual Property Organization
o World Meteorological Organization
oWorld Bank Group International Bank for Reconstruction and Development
International Development Association
International Finance Corporation
About IAEA: • The IAEA was created in 1957 in response to the deep fears and expectations generated by the discoveries and diverse uses of nuclear technology. The Agency’s genesis was U.S. President Eisenhower’s “Atoms for Peace” address to the General Assembly of the United Nations on 8 December 1953.
• The Statute of the IAEA was approved on 23 October 1956 by the Conference on the Statute of the International Atomic Energy Agency, which was held at the Headquarters of the United Nations. It came into force on 29 July 1957.
• The International Atomic Energy Agency is the world’s central intergovernmental forum for scientific and technical co-operation in the nuclear field. It works for the safe, secure and peaceful uses of nuclear science and technology, contributing to international peace and security and the United Nations’ Sustainable Development Goals.

It is the duty of the Commission to receive and inquire into a complaint from any person:
o who has not been able to submit an information request because of non-appointment of a Public Information Officer;
o who has been refused information that was requested;
o who has not received response to his information request within the specified time limits;
o who thinks the fees charged are unreasonable;
o who thinks information given is incomplete, misleading or false; and
o any other matter relating to obtaining information. Hence, all statements are correct.

● The Constituent Assembly of India was elected by the Provincial Assemblies in 1946. Except Mahatma Gandhi and M.A. Jinnah the Assembly included all important personalities of India at that time.
● The Constituent Assembly held its first meeting on December 9, 1946. The meeting was attended by 211 members. Dr. Sachchidananda Sinha, the oldest member, was elected as the temporary President of the Assembly, following the French practice.
● Later, Dr. Rajendra Prasad was elected as the President of the Assembly. The Constituent Assembly held its final session on January 24, 1950. The Constitution of India was adopted on November 26,1949 and 284 members actually signed the constitution. The Constitution of India came into force on January 26, 1950.

Article 32 provides remedies for enforcement of fundamental rights conferred by Part III of the Constitution.
Article 32(1) provides that the right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part. A person can move to High Courts under Article 226 of the Constitution. ·
Article 32(4) provides that the right to move the Supreme Court shall not be suspended except as otherwise provided for by this Constitution. This suspension is provided under Article 358 and 359 of the Constitution.

Article 19 originally contained seven rights. But, the ‘right to acquire, hold and dispose of property’ was deleted by 44th Constitutional Amendment Act.
It has been amended by 1st, 16th, 44th and 97th Constitutional Amendment Acts. The 1st Constitutional Amendment Act, 1951 substituted Article 19(2) to provide reasonable restrictions on freedom of speech and expression. 16th Constitutional Amendment Act, 1963 included “the Sovereignty and integrity of India” as a restriction in exercise of rights provided under Article 19. 44th Constititonal Amendment Act, 1978 omitted Article 19(1)(f) which provided fundamental right to property. The 97th constitutional amendment act 2011 gave constitutional status and protection to cooperative societies.
Under Article 358 of the Constitution, it is automatically suspended when national emergency is declared on the ground of war or external aggression not on armed rebellion.

The rule of equality before law is not absolute and there are some exceptions to it.
·Article 361 provides following immunities to President and Governor:
Option A is incorrect: They are not answerable to any court the exercise and performance of the powers and duties of office. There is no time limit in this.
No civil proceedings against the President or Governor shall be instituted during his term of office in any court in respect of any act done by him in his personal capacity, whether before or after he entered upon his office, until the expiration of two months after notice has been delivered to him.
· 44th Constitutional Amendment Act has inserted Article 361A in the Constitution which provides protection to publication of substantially true reports of any proceedings of parliament and state legislatures.
· Article 105 provides that “No member is liable to any proceeding in any court for anything said or any vote given by him in parliament or its committee”

Article 37 provides that “The provisions contained in this Part shall not be enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.” Thus, Article 37 (included originally into the Constitution) makes it clear that DPSPs are non-enforceable by any court.
Article 50 provides that “The State shall take steps to separate the judiciary from the executive in the public services of the State.”

● The Constituent Assembly was constituted in November 1946 under the scheme formulated by the Cabinet Mission Plan.
● Statement 1 is incorrect: The total strength of the Constituent Assembly was to be 389. Of these, 296 seats were to be allotted to British India and 93 seats to the Princely States. Out of 296 seats allotted to British India, 292 members were to be drawn from the eleven governors’ provinces and four from the four chief commissioners’ provinces, one from each.
● Statement 2 is incorrect: Each province and princely state (or group of states in case of small states) were to be allotted seats in proportion to their respective population. Roughly, one seat was to be allotted for every million people. Seats allocated to each British province were to be divided among the three principal communities— Muslims, Sikhs and general (all except Muslims and Sikhs), in proportion to their population.
● The representatives of each community were to be elected by members of that community in the provincial legislative assembly and voting was to be by the method of proportional representation by means of single transferable vote.
● Statement 3 is correct: The representatives of princely states were to be nominated by the heads of the princely states. It is thus clear that the Constituent Assembly was to be a partly elected and partly nominated body. Moreover, the members were to be indirectly elected by the members of the provincial assemblies, who themselves were elected on a limited franchise.

The Central Administrative Tribunal (CAT) was established by an Act of 1985. The Principal seat of CAT is at New Delhi with additional benches in different states. The CAT has been given original jurisdiction in relation to recruitment and all service matters of public servants covered by it.
The Central Administrative Tribunal (CAT) acts as an independent judicial authority i.e. it performs the duties free of influence or control by other actors.
●Article 323A enables the Parliament to take out the adjudication of disputes relating to service matters from the civil courts and the high courts and place it before the administrative tribunals.
●CAT is of statutory origin, as opposed to Supreme Court and high courts which have direct origin from the Constitution. Nevertheless, the 1985 Act, by establishing CAT, has opened a new chapter in the sphere of providing speedy and inexpensive justice to the aggrieved public servants.
●The members of CAT are drawn both from judicial as well as administrative streams so as to give the Tribunal the benefit of expertise both in legal and administrative spheres.

Statement 1 is correct. A finance bill dealing with taxation is considered as a money bill. Thus, it cannot be introduced in the Rajya Sabha. It must be introduced only in the Lok Sabha.
Statement 2 is incorrect. A bill that contains a clause on borrowing of money by the Union government can be introduced in either House of Parliament. A bill which contains a clause on borrowing of money by the union government is not considered as a Money Bill

The United Nations Development Programme (UNDP), 1997, defined governance as “the exercise of economic, political and administrative authority to manage a country’s affairs at all levels. It comprises the mechanisms, processes and institutions, through which citizens and groups articulate their interests, exercise their legal rights, meet their obligations and mediate their differences.”
In 1993, the World Bank defined governance as the method through which power is exercised in the management of a country’s political, economic and social resources for development.
In simple words, Governance is the process and institutions through which decisions are made and authority in a country is exercised. Governance can be used in several contexts such as corporate governance, international governance, national governance and local governance.
Thus governance focuses on the formal and informal actors and institutions involved in decision-making and implementing those decisions.

Unlawful Activities (Prevention) Act:
•First promulgated in 1967 to target secessionistorganisations and considered to be a predecessor of laws such as the (now repealed) Terrorist and Disruptive Activities (Prevention) Act (TADA) and Prevention of Terrorism Act (POTA).
•Aims at: effective prevention of unlawful activities associations in India.
•Unlawful activity refers to any action taken by an individual or association intended to disrupt the territorial integrity and sovereignty of India.
•Under UAPA, both Indian and foreign nationals can be charged.
•It will be applicable to the offenders in the same manner, even if crime is committed on a foreign land, outside India.
•Under the UAPA, the investigating agency can file a charge sheet in maximum 180 days after the arrests and the duration can be extended further after intimating the court.

Delimitation is the process of fixing limits or boundaries of territorial constituencies in a country or a province having a legislative body to represent changes in population over time. The objective is to provide equal representation for equal population segments and a fair division of geographical areas so that no Political Party has an advantage.
In India, the Delimitation exercise is carried out by a Delimitation Commission, whose orders have the force of law and cannot be questioned before any court. These orders come into force on a date to be specified by the President of India on this behalf. The copies of its orders are laid before the House of the People and the State Legislative Assembly concerned, but no modifications are permissible therein by them.

The Citizenship Act 1955 describes the deprivation as one of the means of loss of Citizenship which is a compulsory termination of Indian Citizenship by the Central government, if:
the citizens has obtained the citizenship by fraud;
the citizen has shown disloyalty to the Constitution of India;
the citizen has unlawfully traded or communicated with the enemy during a war;
the citizen has, within five years after registration or naturalization, been imprisoned in any country for two years; and
the citizen has been ordinarily resident out of India for seven years continuously.

o The phrase Directive Principles of State Policy” denotes the ideals that the State should keep in mind while formulating policies and enacting laws. These are the constitutional instructions or recommendations to the State in legislative, executive and administrative matters.
o Although these directives are non-justiciable, they are fundamental to the governance of the country. Dr. B R Ambedkar had pointed out that the Directives have great value because they lay down that the goal of Indian polity is economic democracy” as distinguished from political democracy”.Sir B N Rau, the constitutional advisor to the Constituent Assembly, stated that the Directive Principles are intended as moral precepts for the authorities of the state. They have at least an educative value.” The Constitution does not aim at preparing the masses for a communist struggle. While some directive principles draw on Indian traditions (eg: organization of village panchayats), as a category they do not rely on ancient Indian wisdom to solve the problems of the modern world (eg: organization of agriculture and animal husbandry on modern and scientific lines).

In ordering the release of Rajiv Gandhi assassination case convict A G Perarivalan, the Supreme Court invoked the extraordinary power conferred on the court under Article 142 of the Constitution.
Article 142 provides discretionary power to the Supreme Court as it states that the Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it.

Statement 1 is incorrect. In many cases such as passing of non-money bills, constitutional amendments, election and impeachment of President and removal of Vice President, the powers of Lok Sabha and Rajya Sabha are co-equal. And many other situations such as initiating, rejecting or amend money bills or removal of Council of Members, Lok Sabha has more powers than the Rajya Sabha.

It was the Kesavananda Bharati case that brought this doctrine into the limelight. It held that the “basic structure of the Indian Constitution could not be abrogated even by a constitutional amendment”. The judgement listed some basic structures of the constitution as:
Supremacy of the Constitution,
Unity and sovereignty of India
Democratic and republican form of government
Federal character of the Constitution
Secular character of the Constitution
Separation of power
Individual freedomOver time, many other features have also been added to this list of basic structural features. Some of them are:
Rule of law
Judicial review
Parliamentary system
Rule of equality
Harmony and balance between the Fundamental Rights and DPSP
Free and fair elections
Limited power of the parliament to amend the Constitution
Power of the Supreme Court of India under Articles 32, 136, 142 and 147
Power of the High Court under Articles 226 and 227
Any law or amendment that violates these principles can be struck down by the SC on the grounds that they distort the basic structure of the Constitution.
Hence, options 1, 2 and 4 are correct.

Option A is correct.
Articles 358 and 359 describe the effect of a National Emergency on the Fundamental Rights. Article 358 deals with the suspension of the Fundamental Rights guaranteed by Article 19, while Article 359 deals with the suspension of other Fundamental Rights (except those guaranteed by Articles 20 and 21).
According to Article 358, when a proclamation of national emergency is made, the six Fundamental Rights under Article 19 are automatically suspended. No separate order for their suspension is required.
During a national emergency, the right to move the Court for the enforcement of all Fundamental Rights other than the right to protection in respect of conviction for offences (Article 20) and the right to life and personal liberty (Article 21) can be suspended.
The 44th Amendment Act of 1978 restricted the scope of Article 359 in two ways:
(i) The President cannot suspend the right to move the Court for the enforcement of fundamental rights guaranteed by Articles 20 to 21 i.e., the right to protection in respect of conviction for offences (Article 20) and the right to life and personal liberty (Article 21) remain enforceable even during emergency.
(ii) Only those laws which are related with the emergency are protected from being challenged and not other laws. Also, the executive action taken only under such a law is protected.

The parliamentary system of government has the following merits:
Harmony Between Legislature and Executive – The executive is a part of the legislature and both are interdependent at work.
Responsible Government – The ministers are responsible to the Parliament for all their acts of omission and commission. Hence, statement 1 is correct.
Prevents Despotism-The Executive authority is vestine group Individuals(council ofministers)and not in a single person.
Ready Alternative Government- Incase the ruling party loses its majority, the Head of the State can invite the opposition party to form the government.
Wide Representation – In a parliamentary system, the executive consists of a group of individuals (i.e., ministers who are representatives of the people). Hence, it is possible to provide representation to all sections and regions in the government. Hence, statement 2 is correct.
Some of the demerits of the parliamentary system of government:
No Continuity of Policies – The parliamentary system is not conductive for the formulation and implementation of long term policies. This is due to the uncertainty of the tenure of the government. A change in the ruling party is usually followed by changes in the policies of the government. Hence, statement 3 is incorrect.
Unstable Government – The parliamentary system does not provide a stable government.
There is no guarantee that a government can survive its tenure. The ministers depend on the mercy of the majority legislators for their continuity and survival in office. A no-confidence motion or political defection or evils of multiparty coalition can make the government unstable. Hence, statement 4 is incorrect.

The Parliament in India has two houses. When there are two houses of the legislature, it is called a bicameral legislature. The two Houses of the Indian Parliament are the Council of States or the Rajya Sabha and the House of the People or the Lok Sabha.
Statement 1 is correct. Countries with large size and much diversity usually prefer tohave two houses of the national legislature to give representation to all sections in the society and to give representation to all geographical regions or parts of the country.
Statement 2 is incorrect. There was no such condition of becoming a member ofCommonwealth of Nations.
Statement 3 is correct. A bicameral legislature makes it possible to have every decision reconsidered. Every decision taken by one house goes to the other house for its decision. This means that every bill and policy would be discussed twice. This ensures a double check on every matter. Even if one house takes a decision in haste, that decision will come for discussion in the other house and reconsideration will be possible.

Statement 1 is correct. “Negative liberty” seeks to define and defend an areain which the individual would be inviolable, in which he or she could “do, be or become” whatever he or she wished to “do, be or become”. This is an area in which no external authority can interfere. It is a minimum area that is sacred and in which whatever the individual does, is not to be interfered with.
The existence of the “minimum area of non-interference” is the recognition that human nature and human dignity need an area where the person can act unobstructed by others.
Statement 2 is correct. Positive liberty recognizes that an individual can be free only in society (not outside it) and hence tries to make that society such that it enables the development of the individual whereas negative liberty is only concerned with the inviolable area of non-interference and not with the conditions in society, outside this area, as such.
Positive Liberty is concerned with looking at the conditions and nature of the relationship between the individual and society and of improving these conditions such that there are fewer constraints to the development of the individual personality.

The constitution of a country is a set of written rules that are accepted by all people living together in a country. Constitution is the supreme law that determines the relationship among people living in a territory (called citizens) and also the relationship between the people and government. A constitution does many things:
First, it generates a degree of trust and coordination that is necessary for different kind of people to live together;
Second, it specifies how the government will be constituted, who will have power to take which decisions;
Third, it lays down limits on the powers of the government and tells us what the rights of the citizens are; and
Fourth, it expresses the aspirations of the people about creating a good society.

Statement 1: The fundamental provisions of the constitution cannot be unilaterallychanged by one level of government. Such changes require the consent of both the levels of government. For e.g. Central govt. In India cannot usurp all powers of the states in the state list of the 7th schedule.
Statement 2: Suppose, if any one government resolved the disputes between federalconstituents, there will be a violation of natural justice. So, an independent judiciary is needed.

o Directive principles of state policy (DPSPs) are non-justiciable in nature as per Article 37 of Indian constitution. Hence, they are not legally enforceable by the courts for their violation. Following were the reasons for keeping them non-justiciable –
o Statement 1 is correct: DPSPs are aimed at establishing socio-economic democracy which requires huge resources for their implementation. However, the country didn”t possess sufficient financial resources at the time of framing to implement them.
o Also, at the time of framing India was marked by the presence of vast diversity and backwardness. Framers of the constitution held that these would stand in the way of implementation of DPSPs. It must be noted that cultural diversity as such was not the reason which continues to be an integral component of Indian society. It was the vast diversity w.r.t problems, priorities etc. and the backwardness of people w.r.teducation, health, skills etc. which stood in the way of implementation of DPSPs.
o Constitution framers thought that newly born independent Indian state with its many pre-occupations might be crushed under the burden unless it was free to decide the order, the time, the place and the mode of fulfilling them.
o Statement 2 is correct: Constitution framers also believed more in awakened public opinion rather in-court procedures as the ultimate sanction for the fulfillment of these principles.

The Minority Rights provided in the Constitution provides for
● Right of any section of the citizens” to “conserve” its “distinct language, script or culture (Article 29 (1) )
● Right of all Religious and Linguistic Minorities to establish and administer educational institutions of their choice (Article 30 (1) )
● Freedom of Minority-managed educational institutions from discrimination in the matter of receiving aid from the State (Article30(2) )
● Special provision relating to the language spoken by a section of the population of any State (Article 347)
● Provision for facilities for instruction in mother-tongue at primary stage (Article 350 A)
● Provision for a Special Officer for Linguistic Minorities and his duties (Article 350 B)