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Published by Mahendra Pande

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Published by: Mahendra Pande on Feb 13, 2012
Copyright:Attribution Non-commercial


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Polity & Constitution: Compendium
1. How a Chief Election Commissionar be Removed?2. Can Preamble of Indian Constitution be amended?3. What is the procedure of constitutional amendments?4. What are categories of Fundamental Rights?5. What is suspension of Fundamental Rights?6. What is a Writ and what are Types of writs?7. What is meaning of Judicial Review?8. What are Directive Principles of State Policy ?9. What are Fundamental Duties?
1. How a Chief Election Commissionar be Removed?
The President appoints Chief Election Commissioner and Election Commissioners. Theyhave tenure of six years, or up to the age of 65 years, whichever is earlier. They enjoythe same status and receive salary and perks as available to Judges of the Supreme Courtof India. The Chief Election Commissioner can be removed from office only throughimpeachment by Parliament.
2. Can Preamble of Indian Constitution be amended?
Supreme Court in the Kesavananda Bharti case in 1973 overruled its earlier decision andheld that the Preamble is a part of the Constitution and is subject to the amendingpowers of the Parliament as any other provisions of the Constitution, provided the basicstructure of the Constitution is not destroyed. The Constitution (42 Amendment) Act1976, in fact amended the Preamble and added three new words viz., Socialist, Secularand Integrity, to the Preamble.
3. What is the procedure of constitutional amendments?Article 368 deals with amendment procedure of the Constitution
. A Bill for the purposeof amendment of the Constitution could be initiated in either house of Parliament andnot in any state legislature. The Constitution lays down three different procedures for theamendment of various provisions of the Constitution.1) Certain provisions of the Constitution can be amended by the Parliament by simple
majority. These include provisions relating to the creation of new states, reconstitutionof existing states, creation or abolition of upper chambers in the state legislatures etc.(2) The provisions that effect federal structure could be amended only if they are passedin each House(a) by a majority of the total membership of that House and(b) by a majority of not less than two- thirds of the members of that House present andvoting , and(c) thereafter ratified by the legislature of not less than one half of the states byresolutions to that effect passed by those legislatures before the bill was presented to thePresident for assent. Provisions that can be amended , this way, include election of thePresident, powers of the Union and state executive, Union judiciary, High courts,amendment procedure etc.(3) But a major portion of the Constitution can be amended by the special majority, i.e.(a) a majority of total membership of each house and(b) by a majority of not less than two- thirds of the members of that house present andvoting.
4. What are categories of Fundamental Rights?
Originally the Constitution classified the Fundamental Rights into seven categories
butwith the elimination of right to property from the list of Fundamental Rights by the44th Amendment in 1979,
there are now six categories of rights.A. Right to Equality-Articles 14 to 18
Article 14:
Equality Before Law
Article 15:
Prohibition of discrimination
Article 16:
Equality of Opportunity
Article 17:
Abolition of Untouchables
Article 18:
Abolition of TitlesB. Right to particular freedoms-Articles 19 to22
Article 19:
Fundamental Freedoms of Citizens
Article 20:
Protection against Arbitrary conviction
Article 21:
Protection of Life and Liberty
Article 22:
Protection against Arrest and Detention
C. Right against exploitation –Articles 23-24
Article 23:
Prohibition of Traffic in human beings and forced Labour
Article 24:
Prohibition of Employment of ChildrenD. Right to freedom of religion-Articles 25 –28
Article 25:
Freedom of Profession and Propagation of Religion
Article 26:
Freedom to Manage Religions Affairs
Article 27:
Freedom from paying taxes for the promotion of any Religion
Article 28:
Freedom to attend or abstain from religious functionsE. Cultural and Educational Rights-Articles 29-30
Article 29:
Right to maintain Language, Script and Culture
Article 30:
Right to establish and administer educational institutionsF. Right to Constitutional Remedies-Articles 32-35
5. What is suspension of Fundamental Rights?
The constitution provides for a suspension of fundamental rights during an emergency.However, such a suspension automatically ends when the emergency ceases or when thePresident withdraws it.
When the President makes a proclamation of emergency under  Article 352 the freedoms guaranteed under Article 19 are automatically suspended 
.However, an important change has been introduced by the 44th Amendment Act 1978.This Amendment prohibits the suspension of Articles 20 and21 even during a nationalemergency. The President can suspend other Fundamental Rights through specific orders,but these orders must be approved by the Parliament.
6. What is a Writ and what are Types of writs?
As per the Right to Constitutional Remedies-Articles 32-35, A citizen has right to move tothe courts for securing the fundamental rights. Citizens can go to the Supreme Court orthe high Courts for getting their fundamental rights enforced. It empowers the Courts toissue directions or orders or writs for this purpose.Types of Writs:1.
Habeas corpus
means “to have the body .“ It is in the nature of an order calling upon a

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