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Q. What is the nature of Indian Constitution? On what grounds is its spirit of federalism
challenged? Mention its important features.
Typically, democratic constitutions are classified into two categories - Unitary and Federal. In a unitary
constitution, all the powers are concentrated in a central authority. The states or the constituents of the
country are subordinate to such central authority. In a federal constitution, powers are distributed among
the center and the states. States are not subordinates of the center. According to Prof. Wheare, the
constitutions of USA, Australia, and Switzerland are prime examples of a federal constitution.
Dr. Ambedkar has categorically said in Constituent Assembly discussions that notwithstanding certain
provisions that centralize the powers, Indian Constitution is essentially federal. Prof. Wheare and some
other academicians, however, are hesitant in calling it a federal constitution and prefer to term it as
"quasi-federal" or "federal with strong centralizing tendency".
Though, it should be noted that even prof. Wheare accepts the existence of certain provisions in the
American constitution, such as dependence of Senate on States, that are contrary to federal character.
However, he says that while the principles of federalism should be rigid, the terminology of "federal
constitution" should be wide. A constitution should be called federal if it displays federal character
predominantly.
The following are the defining features of federalism.
1. Distribution of Powers between center and states.
2. Supremacy of the Constitution.
3. Written Constitution.
4. Rigidity of the Constitution.
5. Independent Judiciary.
All the above characteristics are present in the Indian Constitution. However, there are certain provisions
that affect its federal character.
1. Appointment of the Governor of a State
Art 155 and 156 provide that the Governor, who is the constitutional head of a State, is to be appointed by
the President and stays only until the pleasure of the President. Further, that the Governor can send the
laws made by the state for assent from the President, who can veto the law.
It should be noted that Governor is only a ceremonial held and he works on the advice of council of
ministers. In past 50 yrs, there has been only one case (re Kerala Education Bill), where amendments to
a state law were asked by the center and that too after the opinion of the Supreme Court. Thus, it does not
tarnish the federal character and states are quite free from outside control.
2. Power of the parliament to make laws on subjects in the State list.
Under art 249, center is empowered to make laws on subjects in the state list. On the face of it, it looks a
direct assault on the power of the states. However, this power is not unlimited. It is exercised only on the
matters of national importance and that too if the Rajya Sabha agrees with 2/3 majority. It should be noted
that Rajya Sabha is nothing but the representative of the states. So an approval by Rajya Sabha means that
States themselves are giving the power to the center to make law on that subject.
3. Power to form new states and to change existing boundaries
Under Art 3, center can change the boundaries of existing states and can carve out new states. This should
be seen in the perspective of the historical situation at the time of independence. At that time there were
no independent states. There were only provinces that were formed by the British based on administrative
convenience. At that time States were artificially created and a provision to alter the boundaries and to
create new states was kept so that appropriate changes could be made as per requirement. It should be
noted that British India did not have states similar to the States in the USA.
4. Emergency Provisions
Center has the power to take complete control of the State in the following 3 situations :
1. An act of foreign aggression or internal armed rebellion (Art 352)
2. Failure of constitutional machinery in a state (art 356)
3. Financial Emergency (art 360)
In all the above cases, an elected state government can lose control of the state and a central rule can be
established. In the first case, it is very clear that such a provision is not only justified but necessary to
protect the existence of a state. A state cannot be left alone to defend itself from outside aggression. In the
third case also, it is justified because a financial emergency could cause severe stress among the
population, plunge the country into chaos and jeopardize the existence of the whole country. Such
provisions exist even in USA. The second provision is most controversial. It gives the center the power to
take over the control of a state. However, such an action can be taken only upon the advice of the
governor and such an advice is not beyond the purview of the Supreme Court. In a recent case, Supreme
court ruled that the imposition of Presidential rule in the state of Bihar was unconstitutional.
Thus, it can be safely said that Indian Constitution is primarily federal in nature even though it has unique
features that enable it to assume unitary features upon the time of need.
Features of Indian Constitution
Constitution was written by a committee headed by Dr Ambedkar. Took 2 yrs, 11 mos, 18 days. Adopted
on 26th Nov (celebrated as Law Day), enforced fully on 26th Jan.
1. Longest written constitution - 447 articles, 26 parts, 12 schedules. Original US constitution had 7
articles and Australia had 128.
2. Establishment of sovereign, socialist, secular, democratic, republic.
3. Parliamentary form of govt.
4. Unique blend of Federal and Unitary features
1. Independent and supreme Judiciary - Keshavand Bharati vs State of Kerala & L
Chandra Kumar vs Union of India
2. Advisory Jurisdiction of SC - Art 143 - Does not exist in US constitution.
3. Rigidity and flexibility
4. Emergency Provisions
5. Single Citizenship
6. Single Electorate / Adult Suffrage
5. Positive Secularism - St. Xavier's College vs State of Gujarat , S R Bommai vs Union of
India, Aruna Rai vs Union of India
6. Indian Socialism - Combination of Marxist and Gandhian ideology. Right to work is absent.
7. Economic Democracy
8. Other features
1. Fundamental rights - J Bhagvati in Menaka Gandhi vs Union of India
2. Directive Principles - Unnikrishnan vs State of AP - Directive Principles are as good as
fundamental rights.
3. Fundamental Duties
Q. What do you understand by fundamental rights? Discuss with respect to Indian Constitution.
The general concept of fundamental rights
The rights that are basic to the advancement of the human race are called Fundamental Rights. All other
rights are derived from these rights as direct implications or application of their principles. It is an
accepted belief among the philosophers that these rights are nothing but "natural human rights", which
distinguish between humans and animals and which have been so instrumental in bringing humans from
the stone age to the present age. Among all, the right to life and liberty is considered to be the most basic.
The history of legally enforceable fundamental rights probably starts from Magna Carta, which was a list
of rights extracted from Kind John by the people of England in 1214 AD. This was followed by the "Bill
of Rights" in 1689 in which Englishmen were given certain civil and political rights that could not be
taken away. Later on the French compiled the "Declaration of the rights of Man and of the Citizen" after
the French Revolution in 1789.
The most important advancement in history of fundamental rights occurred when the USA incorporated
certain fundamental rights in the form on "Bill of Rights" in their constitution by the way of first 10
amendments. These rights were deemed to be beyond the vagaries of politics. The protection by the
constitution meant that these rights could not be put to vote and were not dependent on the whims of
politicians or of the majority.
After this, nearly all democracies of the world have given a constitutional sanctity to certain inalienable
rights available to their citizens.
Need for Fundamental Rights
1. Rule of Law
These rights are a protection to the citizens against the govt and are necessary for having the rule of law
and not of a a govt or a person. Since explicitly given by the constitution to the people, these rights dare
not be transgressed by the authority. The govt. is fully answerable to the courts and is fully required to
uphold these rights.
2. First fruits of the freedom struggle
After living in subjugation for such a long time, people had forgotten what is meant by freedom. These
rights give people hope and belief that there is no stopping to their growth. They are free from the whims
of the rulers. In that sense, they are first fruits of the lengthy freedom struggle and bring a sense of
satisfaction and fulfillment.
3. Quantification of Freedom
Even citizens in gulf countries or communist countries are free. Then how is our freedom different from
theirs? The list of fundamental rights is a clear measurement for how free we really are. As an example,
every Indian citizen in free to practice a religion of his choice, but that is not so in the gulf countries. Our
right to speech and expression allows us to freely criticize the govt. but this is not so in China.
Fundamental Rights in India
Technically speaking, the rights specified in Part III (Art 12 to 35) of the constitution are the fundamental
rights available to the citizens of India. In the case of Menaka Gandhi vs Union of India AIR 1978, J.
Bhagvati has said that these rights represent the values that are cherished by the people of this country
since the vedic ages and are calculated to protect the dignity of individual and to create conditions in
which every human being is able to develop his personality to the fullest. These rights are necessary for a
human being for attaining full social, intellectual, and spiritual status.
These rights can be grouped into 6 categories 1. Articles 14-18 Right to Equality
Art. 14 ensures that all citizens are treated equally. It enshrines the principle of "Equality before law and
Equal protection of law". However, this brings us to an important question. Should people living in
unequal circumstance be treated equally? In Indian Constitution, the answer is a resounding no. We have
adopted the mantra of "equal treatment under equal circumstances". This is reflected in Art 15, which,
while prohibits the state from discriminating between the citizens only on the grounds of Caste, Race,
Religion, Sex, and Place of Birth or all of them[ Art 15(1) ], also allows the state to make special
provisions for Women and Children [Art 15(3)] and for Backward classes [Art 15(4)].
Art. 16 takes the same principle further to employment in govt. jobs.
Art. 17 abolishes untouchability and Art. 18 abolishes various titles such as Rai Bahadur that used to be
given in the British rule.
The cases of Lindsley v Natural Carbonic Gas Co, US SC 1910 and Chiranjit Lal v Union of India
SC AIR 1951 are important cases that illustrate the concept of equal protection of the laws. In these
cases, the SC of both the countries held that all persons similarly circumstanced should be treated equally.
Only like should be treated alike and thus a reasonable classification can be done.
Several cases such as Randhir Singh vs Union of India 1982 (Equal pay for equal work) illustrate the
principle of equality.
The SC judgment in Indra Sawhney vs Union of India AIR 1993 incorporates the element of fairness in
dealing with inequalities in the society, while balancing the aspirations of the socially forward classes.
2. Artticles 19-22 Right to Freedom
A citizen of India is given freedom of Speech and Expression, freedom of Assembly, freedom of
Association, freedom of Movement, freedom of Residence, and Freedom of Profession and Occupation
through Art. 19.
Art. 20 gives protection with respect to conviction of offenses. This includes the principles of
ex-post facto law : A person can only be with charged with an offence of an action if the said
action was illegal as per the law of the time when the action was committed.
double jeopardy: A person cannot be charged with the same crime if he has already been
produced before the court and a verdict has been pronounced.
Art. 21, which is the most important and diverse of all the rights to freedom, is the Protection of Life and
Personal Liberty. SC in Menaka Gandhi v Union of India AIR 1978 was a landmark case that
gave wide interpretation of this right. In this case the SC held that his right is not only about having any
kind of life but a life of dignity. The freedom is not just physical but mental as well as spiritual. This
encompasses several rights such as right to travel abroad ( Satvant Singh v Ass. Passport Office AIR
1967) and right to pollution free water and air ( Subhash Kumar vs State of Bihar AIR 1991) . Further,
Constitution Amendment Act 86, 2002 makes free and compulsory education to children under 14 a
fundamental right.
Art. 22 gives protection from illegal arrest or detention. It provides that a person must be informed of the
grounds of arrest as soon as possible, be allowed to speak to a lawyer of his choice, and be produced
before a magistrate within 24 hrs of detention.
3. Art 23-24 Right Against Exploitation
Under Art. 23, the govt. has banned trade in human beings. This includes flesh trade and forced work or
work without pay (begar system).
Art. 24 prohibits children from being employed in factories and hazardous conditions.
4. Art 25-28 Freedom of Religion
Unlike several countries of the world, we are free to practice, profess, and propagate any religion under
Art. 25. Art. 26 allows us to establish and maintain institutions for religious and charitable purposes. It
also gives the right to manage our own religious matters. Art. 27 provides tax benefits for promotion
of religion and art. 28 prohibits religious teaching in govt and govt aided schools.
5. Art 29-30 Cultural and Educational Rights
Art. 29 allows any section of citizens living anywhere in India who have a distinct language, script, or
culture, to preserve the same. Art. 30 allows minorities to establish and maintain educational institutions.
To prevent discrimination, however, art 29(2) prohibits them from discrimination in admissions only on
the grounds of religion, race, caste, language, or any of them.
6. Art 32 Right to Constitutional Remedies
Dr. Ambedkar, the chief architect of our constitution, has said that Article 32 is the soul of our
constitution. All the talk of rights is useless if there is no recourse against their transgression. Under this
article, a citizen is free to go to the Supreme Court for violation of his rights.
Scope of Fundamental Rights
Widest Possible Interpretation
SC in A K Gopalan vs State of Madras AIR 1950 had held that the various rights given under part III
talk about different things and are not be interlinked. This view, however, has been rightly rejected by the
SC in Menaka Gandhi vs. Union of India AIR 1978 case. In this case, J Bhagvati said that the role of
SC should be to interpret these rights in the widest possible manner and it should not attenuate these
rights by being confined to their narrow definition. All these rights are not mutually exclusive and form
an integrated theme of the constitution. J Beg said that their waters must mix to form a grand flow of
unimpeded and impartial justice. Thus, any law that takes away the life or liberty of a person, must also
satisfy the test of reasonableness under art. 14.
Natural Justice and Due Process
In Menaka Gandhi's case, SC has held that any law that takes away the life or liberty of a person under
art. 21, must be just, fair, and reasonable. It must satisfy the principle of natural justice, which is a basic
component of fair procedure under Art. 21. While Art 21 does not contain the "due process" clause of the
American Constitution, the effect is the same because natural justice is a distillate of due process i.e.
natural justices can only be delivered through due process.
Expanding the role of writ of Habeas Corpus
The case of Sunil Batra vs Delhi Admin AIR 1980 has given tremendous power to the writ of Habeas
Corpus. It allows the judiciary to even enforce the fundamental rights in a prison. Even prisoners are
humans and must be treated with dignity. They cannot be stripped off of their fundamental rights, thus
menial or forced work without pay, solitary confinement, degrading punishment, is not allowed. This case
has also allowed people who are not directly involved but have any kind of interest to approach the court.
The objective is to remove injustice wherever it is found in the society.
integrated and has progressed. While the framers had thought about a lot of things, the one thing that they
probably missed was the safeguards against the degrading morality of politicians.
Q. What do you understand by freedom of speech and expression? What restrictions can be applied
on it?
Freedom of speech and expression is the most basic of all freedoms granted to the citizens of India. J
Patanjali Shastri has said in the case of Romesh Thaper vs State of Madras AIR 1950 SC that freedom
of speech and that of the press lay at the foundation of a democratic society, for without free political
discussions, no public education is possible, which is so important for the proper functioning of the govt.
It allows us to freely express our ideas and thoughts through any medium such as print, visual, and voice.
One can use any communication medium of visual representation such as signs, pictures, or movies.
Freedom of speech would amount to nothing if it were not possible to propagate the ideas. Th us, the
freedom of publication is also covered under freedom of speech. Freedom of speech serves 4 purposes
This right is not only about communicating your ideas to others but also about being able to publish and
propagate other people's views as well. Thus, freedom of speech and expression is linked to the people's
right to know. Freedom of speech and expression is a broad term and encompasses several things. The
following are important cases that have determined the extent of this right from time to time.
Right to Know
Prabhu Datt vs Union of India SC AIR 1982 : SC held that right to know news and information about
the functioning of the govt. is included in the freedom of press.
Union of India vs Association for Democratic Reforms SC AIR 2002 : SC held that people have right
to know about the candidate before voting. Thus, the law preventing the Election Commission from
asking for a candidates wealth, assets, liabilities, education and other such information, is invalid.
Right to tell and propagate
LIC vs Manubhai D Shah SC AIR 1992 : In this case, Manubhai wrote an article in LIC's magazie
about the problems with LIC that affected policy holders. LIC published a response to that but did not
give a chance to public a rejoinder. SC held that LIC being a State as per Art 12, must publish his
response. It also held that it does not mean every body has a right to publish in a magazine and this right
should be determined on a case by case basis.
Secretary, Ministary of I & B vs Cricket Association of Bengal SC AIR 1995 : In this historic
judgment, SC has held that one has the right to publicize his expression as well. A game of cricket is an
expression and the organizers have a right to propagate it every where in the world. So Doordarshan must
provide its uplinking facilities to CAB for transmitting the signals out of country. Art 19 (2) does not
allow restrictions on 19 (1) (a) on the grounds of creating monopoly of the govt.
Tata Press Ltd. vs MTNL SCC 1995 SC: In this case, SC held that commercial advertisement is
protected under freedom of speech.
Restrictions on Freedom of Speech and Expression
Every human desires to do many things. However, in a civil society such desires must be curbed to certain
extent in respect of similar desires of other human beings. Thus, no right is an absolute right. Art 19 (2)
says that nothing in Art 19 (1) (a) shall affect the operation of any law or prevent the state from making
any law, in so far as such law imposes reasonable restrictions on exercise of the right conferred by the
said clause in the interest of
public order
defamation
contempt of court
incitement of an offence.
In the original version of this article several grounds such as public order, friendly relations with foreign
states, incitement of an offences were not there. After the historic judgement in the case of Romesh
Thaper vs State of Madras SC AIR 1950, these grounds were added. In that case, Madras Govt.
prevented the entry an circulation of the new paper 'Cross Roads' published by Romesh Thaper, in the
state of Madras. It argued that the circulation of the paper affects public safety. However, SC held that
the public safety falls outside the scope of 19 (2) and thus the govt action was invalid. This decision
prompted the govt. to amend the constitution to include additional grounds as mentioned above.
It is important to note that the current clause mentions the words "reasonable restrictions". Thus, any law
restricting the freedom of speech and expression must satisfy the grounds mentioned in 19(2) and must
also satisfy the criteria of reasonableness. Reasonable restriction means intelligent care and discussion
that the restriction is not beyond what is required for public interest. It should not be arbitrary and
excessive. Further, the restriction can only be imposed by law and not by executive or departmental
decision.
Test of reasonable restrictions
Spanning several cases, SC has laid down the following guidelines :
1. It is the courts and not the legislature that will decide whether a law is reasonable or not.
2. Reasonable means that the law is not arbitrary and the restriction is not beyond what is required
in public interest. The time and duration of the restriction cannot be unlimited.
3. There is no fixed standard for reasonableness. Each case must be decided on its own merits.
4. The restriction must be reasonable from substantiative as well as procedural stand point.
5. Restrictions imposed due to implementation of Directive Principles may deemed to be
reasonable.
6. The test of reasonability must be objective in the sense that it does not matter what a Judge or
Court thinks what is reasonable but what a normal reasonable person would think.
7. The restriction must have a relation to the object that is sought through the law and must not be
excessive.
8. It is the reasonableness of the restriction that a count has to determine and not the reasonableness
of the law itself.
9. Restriction may amount to prohibition.
The following are important cases that have attenuated the scope of this right.
CPI (M) vs Bharat Kumar AIR 1998 SC : In this case SC has held that bundhs called by various
political parties are illegal because they prevent the citizens from exercising their right to freedom. I
Ranjit Udeshi vs State of Mah. AIR 1965 SC : In this case, a bookseller was prohibited from selling
book containing obscene material.
Hamdard Dawakhana vs Union of India AIR 1960 SC : In this case, SC held that obnoxious and
fraudulent advertising is not protected under freedom of speech.
Critical Analysis
Freedom of speech and expression is indeed the most important of all freedoms. However, today, this
right is being routinely suppressed under the guise of morality and decency or public order. Even a slight
criticism of a public leader or past king causes the political parties to involve in damage of public
property. Any book that talks about problems in a religion is banned in the name of public order. It is
extremely unfortunate that the executive, instead of the upholding peoples' right to speech and expression
by preventing unscrupulous element from hurting the author, is more interested in stifling the voice by
banning their works. By doing this they are not doing their job responsibility.
Q. How is the independence of the judiciary ensured? Describe the various jurisdictions of the
Supreme Court of India. Explain the writ jurisdiction of a High Court. What is meant by Judicial
Review?
India has adopted a federal constitution with distribution of powers between center and the states. An
independent judiciary is the essence of the federal character of the constitution. It is imperative that the
judiciary be impartial and independent of the legislative and executive branches of the country to ensure
the functioning of the government in accordance with the constitution. The supreme court, being the
guardian of the constitution, ensures that the fundamental rights of the citizens are not violated. To let the
judiciary fulfill this big responsibility efficiently, the constitution has provided several measures that
ensure the independence of the judiciary. However, owing to the nature of Indian politics, there have been
several attempts by the govt. to extend its supremacy over the judiciary and to reduce its independence.
To understand the dynamics between the govt. and the judiciary, we need to look at the provisions
present in the constitution.
Composition of the Supreme Court
Art 124 specifies that the SC will be composed of a Chief Justice and at most 7 other judges. The number
of other judges has now been increased to 25.
To be appointed as a judge of the supreme court, a person must be a citizen of India and
a) has been a Judge of a High Court for 5 yrs .
b) has been an advocate of a High Court for 10 yrs.
c) in the opinion of the president, a distinguished Jurist.
Appointment of the Judges
The procedure of appointment of the Chief Justice and other judges has created a lot of controversy
because it is the key aspect of the independence of the judiciary. Art 124 specifies that the Chief Justice is
appointed by the president after consulting with the judges of the supreme court and the high courts.
Further, that while appointing other judges, the CJ must be consulted. Thus, the constitution clearly tried
to prevent the executive from having complete discretionary powers in the appointment of the judges.
Until 1973, the senior most judge of the supreme court was appointed as the Chief Justice. However, this
convention was broken when Justice AN Ray was appointed as the CJ by passing 3 more senior judges.
This was seen as a blatant assault on the independence of the judiciary. The govt. pleaded that the word
"consult" does not mean that the president is bound by the advise. He is free to make his own decision.
In 1977, in the case of Union of India vs Sankalchand Seth, which was related to the transfer of a Judge
from one high court to another under art 222, SC held that the President has the right to differ from the
advice provided by the consultants.
Judges Transfer Case 1
In the case of S P Gupta vs Union of India, 1982 SC unanimously agreed with the meaning of the word
'consultation' as determined in the Sankalchand's case. It further held that the only ground on which the
decision of the govt. can be challenged is that it is based on mala fide and irrelevant consideration. In
doing so, it substantially reduced its own power in appointing the judges and gave control to the
executive.
Judges Transfer Case 2
This matter was raised again in the case of SC Advocates on Record Association vs Union of India,
AIR 1982. In this case, the SC overruled the decision of the S P Gupta case and held that in the matter of
appointment of judges of high courts and supreme court, the CJ should have the primacy and the
appointment of the CJ should be based on seniority. It further held that the CJ must consult his two senior
most judges and the recommendation must be made only if there is a consensus among them.
Judges Transfer Case 3
A controversy arose again when the CJ recommended the names for appointment without consulting with
other judges in 1999. The president sought advice from the SC (re Presidential Reference 1999) and a 9
member bench held that an advice given by the CJ without proper consultation with other judges is not
binding on the govt.
As of now, due to the decision in Judges Transfer Case 2, the appointment of the judges in SC and High
Courts are fairly free from executive control. This is an important factor that ensure the independence of
the judiciary.
The following are other provisions that work towards the same goal:
1. Fixed Tenure
A SC Judge has a fixed tenure until retirement age. He cannot be removed except by a presidential order
passed with a simple majority as well as by 2/3 majority of each house of the parliament present and
voting.
No judge has ever been removed by a presidential order in India. The proceedings to remove were started
to Justice V Ramaswamy, but the motion was not approved because lack of required majority.
In the case of C Ramachandran Iyer vs A N Bhattacharjee 1995, pressure was put the the local bar
association on the judge to resign. In this case, the SC held that only the Chief Justice of the SC can be
the prime mover of the action against erring judges. Thus, after this case, action against judges was
allowed only through in-house procedures of the judiciary.
2. Salary
The salary of the judges cannot be changed after the appointment for their disadvantage.
3. Jurisdiction of the courts
The jurisdiction of the SC can be increased but not decreased i.e. their power cannot be curtailed.
4. Art 121
No discussion about the judges in the parliament is permitted as per art 121 except for the discussion
about his removal.
5. Art 129 and 215
Power to punish for its contempt.
The SC and the High Courts have the power to punish anybody for civil and criminal contempt of itself
under art 129 and 215.
6. Art 50 Separation of judiciary from executive
Art 50 urges the state to take steps to separate the judiciary from the executive in the public service of the
state.
7. Appointment of the judges only after consultation with legal experts.
As discussed above, the executive does not have unlimited power over appointment of judges.
8. Art 124(7) Prohibition on practicing before any court
Art 124 prohibits a retired judge from appearing and pleading before any court or tribunal.
Jurisdictions of Supreme Court
Krishnaswamy vs Governer General in Council 1947 - If there is a difference of opinion among High
Courts and if there is no direct decision by SC on that point, it is a substantial question of law that
can permit appeal in SC.
Art 133 Appellate Jurisdiction - Civil
An appeal shall lie to SC from any judgement, decree, or a final order in civil proceedings of a High
Court only if the High Court certifies under 134A that
1. the case involves an substantial question of law of general importance.
2. in the opinion of the High Court, the said question needs to be decided by the SC.
Madan Gopal vs State of Orrisa 1956 - The pecuniary value of a dispute is immaterial. There may be
matters which cannot be measured in money but the decision could have a far reaching effect and such
cases can be permitted to be appealed in SC.
Art 134 Appellate Jurisdiction - Criminal
An appeal shall lie to SC from any judgement, decree, or a final order in criminal proceedings of a High
Court in two ways - with or without a certificate from High Court.
1. Without Certificate
a) If the High Court, on appeal, has reversed an order of acquittal of an accused and sentenced him to
death
b) if the High Court has withdrawn a case before itself from any subordinate court and in such a case
has convicted the accused and sentenced him to death.
2. With Certificate
If the High Court certifies that this is a fit case for appeal to SC.
Siddheshwar Ganguly vs State of WB 1958 - In this case SC issued guidelines for issuing certificated
under 134A. A mere question of fact is not enough but it must also involve a substantial question of law.
Art 135 Federal Court's (the one that existed before the commencement of the constitution) jurisdiction to
be exercised by the SC.
Art 136 Special Leave to appeal by SC
Under this article, the SC is authorized to grant, on its discretion, special leave to appeal from any
judgement, decree, determination, sentence, or order, in any case or matter, passed or made by any court
or tribunal in the territory of India.
Ramakant Rai vs Madan Rai AIR 2004 - Private party can appeal against the acquittal even if the state
govt. hasn't. SC cannot refrain from doing its duty just because a private party and not the state has
appealed against the order.
Pritam Singh vs State AIR 1950 -SC explained how this discretionary power is to be used - Since the
power is exceptional is very wide, it must be used sparingly and in exceptional circumstances. Beyond
this point it is not possible to fetter the exercise of this power by any set formula.
Art 137 Power to review its judgement.
Under exceptional circumstance, the SC may review its judgement.
Art 139 A
Under this article the SC has the power to withdraw before itself any case or cases from High Courts if it
feels that these cases involves the same or similar question of law that is of general importance.
Union of India vs SGPC 1986 - SC may transfer a case from one High Court to another under art 136 if
it feels that the case cannot be dealt with fairly in one High Court due to exceptional circumstances.
Art 143 Advisory Jurisdiction
Art 143 provides that if at any time it appears to the president that a question of law or fact has arisen or is
likely to arise and that the question is of such public importance that expedient opinion of the SC is
required, then he may refer it to the SC. The SC, after such hearing as it may deem fit, will report back to
the president. Under 143(2), the SC is can be asked to give opinion even on matters not permitted under
art 131.
There is no similar provision in the American constitution. In US, the court can give ruling only on
concrete cases.
In re Kerala Education Bill 1953, SC has interpreted the word "may" in clause 1 as it is not bound to
give its opinion. If it has a good reason, it may refuse to express its opinion.
In re Special Courts Bill 1979 case, SC has held that opinions given by it under this jurisdiction are
binding on all courts in the country.
In re Cauvery Disputes Tribunal 1992, SC declared that the ordinance passed by the State of Karnataka
to not follow the order of the tribunal to release water to TN, is unconstitutional.
In the landmark case of Ayodhya Dispute and Advisory opinion 1994, the SC refused to express its
opinion on whether a temple existed on the disputed location because it was superfluous, unnecessary,
and favors a particular religion.
Art 141
Judgement of the SC is binding on all courts, except itself. In the case of Bengal Immunity Co vs State
of Bihar. 1955, SC held that the principle of Stare decisis is not an inflexible rule of law and cannot be
used to perpetuate errors.
Writ Jurisdiction of High Courts
The constitution gives wide powers to all High Courts to ensure that injustice is not tolerated in any
sphere. Art 226 provides that notwithstanding anything in article 32 every High Court shall have power,
throughout the territories in relation to which it exercises jurisdiction, to issue to any person or authority,
including in appropriate cases, any Government, within those territories directions, orders or writs,
including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any
of them, for the enforcement of any of the rights conferred by Part III and for any other purpose.
It is important to note that the power is not only to enforce fundamental rights but for any other purpose,
which makes its powers even wider than Supreme Court. Here, any other purpose means any legal right
of legal duty.
In a landmark case of L Chandra Kumar vs Union of India AIR 1997, SC has held that the power of
judiciary over legislative action vested in a High Court is a basic feature of the constitution and cannot be
removed through constitutional amendment.
Locus Standi : Who can apply
In general, the person whose constitutional right or legal right has been infringed has the right to apply.
However, due to judicial activism, the "doctrine of sufficient interest" has originated. According to this,
any person who is even remotely affected can petition the High Court. It also allows public spirited
persons to file a writ petition for any person or class if that person or class is not able to do so himself due
to poverty or any other reason.
In ABSK Sangh vs Union of India AIR 1991, SC held that even an unregistered trade union has right to
file a petition for redressal of a common grievance.
In the case of Chairman, Railway Board vs. Chandrima Das AIR 2000, SC held that an advocate of
Cal. High Court has sufficient interest in making a public place like a railway station a safe place and so
she has right to demand compensation for the bangladeshi woman gang raped by railway employees.
Scope of Art 226
In the case of Basappa vs Naggapa, AIR 1954, SC has held that the art 226 confers wide powers to
remedy injustice where ever it is found. Art 226 says, "...or writs or the kind of...", which means that it is
not limited only the mentioned types of writs. It can issue orders orders of any kind that the situation may
require. Thus, it makes the scope of Art 226 a lot wider than art 32.
Court Martial and art 226
In a significant case (which case?), Delhi High Court held that section 18 of India Army Act is not beyond
the scope of High Court. While High Court may not interfere in the sentence awarded in a court martial,
such an order cannot be arbitrary and mala fide. Thus, it is open to judicial review.
In the case of Union of India vs R K Sharma, AIR 2001 SC has held that court should not interfere only
on compassionate grounds. Only when there is a perverseness or gross injustice on the face of it, there can
be judicial review.
Dispute between private parties - No Jurisdiction
In Mohan Pandey vs Usha Rani Rajgaria SCC 1992, SC held that the extraordinary jurisdiction of
High Court cannot be exercised in the private party disputes relating to property rights unless there is a
violation of statutory rights by statutory authorities.
Natural Justice
Natural Justice is not exclusively the principle of administrative law. The courts are also bound by the
same principle. Every administrative action must be supported by reasons. The reasons must be recorded
to ensure that there is no arbitrariness.
Territorial extent of writ jurisdictions
Art 226 imposes two limits on HC's writ. First, it can run only in the territorial jurisdiction of the High
Court and secondly the person or authority must lie in that jurisdiction.
In the case of Election Commision of India vs Venkata Rao, AIR 1975 SC held that Madras High Court
cannot issue a writ to ECI because it is based in New Delhi and so is out of its jurisdiction. The law
commission recommended that these are serious limitations and they defeat the very purpose of this
article. So it was amended by 15th amendment in 1963. High Court can now issue a writ even to a central
authority if the cause of action in whole or part arises in its jurisdiction.
In the case of ONGC vs Utpal Kumar Basu SCC 1994, it was held that the averment in the petition did
not disclose that a part of the cause of action arose in the jurisdiction of Calcutta and so High Court does
not have any jurisdiction to entertain the writ petition.
Discretionary Remedy - Not to be exercised if alternate remedy is available
The remedy available in 226 is a discretionary remedy and the High Court has the discretion to accept or
refuse a petition. In general, if a remedy is available elsewhere, writs under 226 are discourages.
However, this does not mean that any remedy available can be a ground for not entertaining the petition
under 226. The remedy must be effective and sufficient. In the case of Vellaswamy v IG Police, Madras
1982, SC held that the remedy under Police Rules of TN was not sufficient and so High Court was wrong
in dismissing the petition.
Effect of Laches or delay
Remedy under 226 should be sought with in a reasonable time. However, High Court may accept a
petition is there is a reasonable cause for delay in seeking justice. Poverty has been held to be reasonable
ground.
Judicial Review
The concept of Judicial Review started from the case of Marbury vs Madison in 1800 in the USA. In
this case, justice John Marshall held that judiciary has inherent power to review actions by legislature
even if no explicit provision is given in the constitution.
Indian Situation
By adopting a written constitution and an independent judiciary, India has provided the rule of law instead
of rule on men to the citizens. However, the rule of law will be rendered useless if the legislature is able to
make laws that violate the fundamental rights of the citizen. Thus, the constitution in Art 13 has provided
the judiciary with the power to review laws made by the legislature. This is called Judicial Review.
Art 13 says:
1. All laws in force in the territory of India immediately before the commencement of this
Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent
of such inconsistency, be void.
2. The State shall not make any law which takes away or abridges the rights conferred by this Part
and any law made in contravention of this clause shall, to the extent of the contravention, be void.
3. In this article, unless the context otherwise requires,
o
(a) law includes any Ordinance, order, bye-law, rule, regulation, notification, custom or
usage having in the territory of India the force of law;
4. Nothing in this article shall apply to any amendment of this Constitution made under article 368.
In the case of L Chandra Kumar vs Union of India SC AIR 1997 held that the power vested in SC by
art 32 and High Court by art 226 over legislative action is a basic feature.
Doctrine of Severability
AK Gopalan vs State of Madras SC AIR 1950 : Only section 14 of Preventive detention act is void and
not the whole act.
Doctrine of Eclipse
Bhikaji vs State of MP SC AIR 1955: Applies to pre-constitutional law
Deep Chand vs State of UP SC AIR 1959: Does not apply to post - constitutional law.
State of Gujrat vs Ambika Mills SC AIR 1974 : Applies to post constitutional law for non-citizens.
Dulare Lodh vs 3rd additional district judge SC AIR 1984: Applies to post constitutional law as well.
Doctrine of Waiver
Basheshar Nath vs Income tax commissioner SC AIR 1959 : Citizen cannot waive right.
Meaning of Law
Keshavanand Bharati vs State of Kerala SC AIR 1973: Rules and regulations made under legislative
power and not amendments.
Q. What is the procedure for amending the constitution? On what grounds an amendment may be
held ultra vires by the Supreme Court?
A rigid constitution is a must in a federal system of governance. In case of Indian constitution, it has been
argued that it is not rigid enough. That there have been 93 amendments in last 50 years proves this fact.
As a comparison, there have been only 27 amendments in the constitution of USA in the past 200 years.
This has been done deliberately to ensure that the constitution can be changed as per the needs of the
times. However, to prevent excessive changes on the whims of the ruling party, sufficient safeguards have
been put.
The procedure of amending the constitution is given in Article 368. It says that the parliament can amend
the constitution under its constituent power. A bill must be presented in either house of the parliament and
must be approved by a majority of each houses and not less than 2/3 majority of each house present and
voting. After such approval the bill is presented to the president for his assent, upon whose assent the
constitution shall stand amended as per the provisions of this article. However, if the amendment seeks to
make a change in
the bill must also be ratified by not less than half of the states before it is presented to the president for his
assent.
For amending articles 5, 169, or 239-A, only a simple majority of both the houses of the parliament is
required.
Power of the parliament to amend the constitution
There has been a lot of controversy on the power of the parliament to amend the constitution. Article 13
of the original constitution said that the state shall not make any law that takes away or abridges the rights
given to the citizens in Part III and any such law made in contravention of this article shall be deemed
void to the extent of contravention. Thus, it seemed that parliament cannot amend the constitution in a
way that takes away the fundamental rights of the citizens.
This logic was first tested by the Supreme Court in the case of Shankari Prasad vs Union of India AIR
1951. In this case, an amendment to add art 31 A and 31 B to the constitution was challenged on the
ground that they take away fundamental right of the citizens and therefore not allowed by article 13. It
was argued that "State" includes parliament and "Law" includes Constitutional Amendments. However,
SC rejected the arguments and held that power to amend the constitution including fundamental rights is
given to the parliament by art 368 and that "Law" is art 13 refers only to ordinary law made under the
legislative powers.
In the case of Sajjan Singh vs State of Raj. AIR 1965, SC followed the judgement given in the case of
Shankari Prasad and held that the words "amendment of the constitution" means amendment of all
provisions of the constitution.
However, in the case of Golak Nath vs State of Punjab, AIR 1971, SC reversed its previous judgement
and held that parliament has no power from the date of this judgement to amend part III of the
constitution so as to take away any fundamental right. It held that "amendment" is a law as meant under
art 13 and so is limited by art 13(2).
To overcome the judgement in the case of Golak Nath, the parliament added another clause in art 13by
the 24th amendment in 1971 It says that this article does not apply to the amendment of the constitution
done under art 368. A similar clause was added in art 368 for clarity in the same amendment, which says
that amendment done under art 368 shall not come under the purview of art 13.
This amendment itself was challenged in the case of Keshavanand Bharati vs State of Kerala AIR
1973. In this case, SC reversed its judgement again and held that "Law" in art 13 only means ordinary law
made under legislative power, The 24th amendment is only clarifying that position and so it is valid.
However, it further held that "amendment" means that the original spirit of the constitution must remain
intact after the amendment. Thus, the basic structure or features of the constitution cannot be changed.
According to C J Sikri, the basic structure of the constitution includes - Supremacy of the Judiciary,
democratic republic, secularism, separation of powers among judiciary, legislative, and the executive, and
the federal character of the constitution.
This judgement was delivered by 7:6 majority and is one of the most important judgements in the history
of independent India. The effect of this judgement can be seen in the case of Indra Sawhney vs Union of
India 1993, where SC prevented the politicians from running amok in the matter of reservation. It this
case it held that inclusion of creamy layer violates the fundamental right of equality, which is a basic
feature of the constitution and so its inclusion cannot be permitted even by constitutional amendment.
Conclusion
During Constituent Assembly Discussions, it was noted that rigid constitutions such as that of USA cause
a lot of problems and is undesirable. Dr. Ambedkar said that flexible federation is a distinguished feature
of the constitution. In the hindsight, it can be said that the safeguards to prevent the spirit of the
constitution were not enough. Politicians have time and again shown that they can modify it easily to
serve their vote based politics.
Q. Explain the emergency provisions of the constitution. What do you understand by proclamation
of Emergency? Describe various types. What are the effects of emergency on fundamental rights?
What are the effects of emergency arisen out of the failure of the constitutional machinery in a
state? What changes have been made by the 44th amendment regarding emergency provisions?
Emergency is a unique feature of Indian Constitution that allows the center to assume wide powers so as
to handle special situations. In emergency, the center can take full legislative and executive control of any
state. It also allows the center to curtail or suspend freedom of the citizens. Existence of emergency is a
big reason why academicians are hesitant to call Indian constitution as fully federal. Emergency can be of
three types - Due to war, external aggression or armed rebellion, failure of constitutional machinery in a
state, or financial emergency. However, technically, Proclamation of Emergency is only done upon
external aggression or armed rebellion. In the second case, it is called Presidential Rule, and in the third
case it is called "Proclamation of Financial Emergency:
Proclamation of Emergency
Art 352 says that if the President is satisfied that a grave emergency exists whereby the security of India
or any part of India is threatened due to outside aggression or armed rebellion, he may make a
proclamation to that effect regarding whole of India or a part thereof.
However, sub clause 3 says that President can make such a proclamation only upon the written advise of
the Union Cabinet. Such a proclamation must be placed before each house of the parliament and must be
approved by each house with in one month otherwise the proclamation will expire.
An explanation to art 352 says that it is not necessary that external aggression or armed rebellion has
actually happened to proclaim emergency. It can be proclaimed even if there is a possibility of such thing
happening.
In the case of Minerva Mills vs Union of India AIR 1980, SC held that there is no bar to
judicial review of the validity of the proclamation of emergency issued by the president under
352(1). However, court's power is limited only to examining whether the limitations conferred by
the constitution have been observed or not. It can check if the satisfaction of the president is valid
or not. If the satisfaction is based on mala fide or absurd or irrelevant grounds, it is no satisfaction
at all.
Prior to 44th amendment, duration of emergency was two months initially and then after approval
by the houses, it would continue indefinitely until ended by another proclamation. However after
44th amendment, the period is reduced to 1 month and then 6 months after approval.
3. if the emergency is declared only a part of the count, the powers in 1 and 2 shall extend to any
other part if that is also threatened.
Art 354
Provisions of art 268 to 279, which are related to taxation, can be subjected to exceptions as deem fit by
the president. Every law such made shall be laid before each house of the parliament.
Art 355 says that it is the duty of the Union to protect States against external aggression.
Art 358
While proclamation of emergency declaring that security of India or any part of the territory of India is
threatened due to war or external aggression, is in operation, the state shall not be limited by art 19. In
other words, govt may make laws that transgress upon the freedoms given under art 19 during such
emergency. However, such a law will cease to have effect as soon as emergency ends. Further, every such
law or very executive action that transgresses upon freedoms granted by art 19 must recite that it is in
relation to the emergency otherwise, it cannot be immune from art 19.
It also says that any acts done or omitted to be done under this provision cannot be challenged in the
courts after the end of emergency.
In the case of M M Pathak vs Union of India AIR 1978, SC held that the rights rights granted by 14 to
19 are not suspended during emergency but only their operation is suspended. This means that as soon as
emergency is over, rights transgressed by a law will revive and can be enforced. In this case, a settlement
that was reached before emergency between LIC and its employees was rendered ineffective by a law
during emergency. After emergency was over, SC held that the previous settlement will revive. This is
because the emergency law only suspended the operation of the existing laws. It cannot completely wash
away the liabilities that preexisted the emergency.
Art 359
This article provides additional power to the president while proclamation of emergency is in operation,
using which the president can, by an order, declare that the right to move any court for the enforcement of
rights conferred by part III except art 20 and 21, shall be suspended for the period the proclamation is in
operation of a shorter period as mentioned in the order. Further, every such law or every executive action
recite that it is in relation to the emergency.
In the case of Makhan Singh vs State of Punjab AIR 1964, SC distinguished between art 358 and 359
as shown below:
Art 358
Art 359
Art 83(2) While the proclamation is in operation, the president may extend the normal life of the Lok
Sabha by one year each time up to a period not exceeding beyond 6 months after proclamation ceases to
expire.
Provisions in case of failure of constitutional machinery is States
Art 356 says that if, upon the report of the Governor of a state, the president is satisfied that the govt. of
the state is cannot function according to the provisions of the constitution, he may, by proclamation,
assume to himself all or any of the functions of the govt, or all or any of the powers vested in the
governor, or anybody or any authority in the state except the legislature of the state. The power of the
legislature of the state shall be exercised by the authority of the parliament.
Under this article, president can also make such incidental and consequential provisions which are
necessary to give effect to the objectives of the proclamation. This includes suspension of any provision
of this constitution relating to any body or authority in the state.
However, this article does not authorize the president to assume the powers vested in the High Courts.
Art 357 provides that in the case of proclamation under art 356
parliament can confer upon the president the power of legislature of the state to make laws or the
power to delegate the power to make laws to anybody else.
the parliament or the president can confer power or impose duties on the Union or Union officers
or Union authorities.
president can authorize the expenditure from the consolidated fund of the stat pending sanction of
such expenditure by the parliament.
of India or the credit of India or of any part of India is threatened, he may make a declaration to that
effect. Under such situation, the executive and legislative powers will go to the center.
This article has never been invoked.
Changes made by 44th Amendment
44th amendment substantially altered the emergency provisions of the constitution to ensure that it is not
abused by the executive as done by Indira Gandhi in 1975. It also restored certain changes that were done
by 42nd amendment. The following are important points of this amendments
Emergency can be revoked by passing resolution to that effect by a simple majority of the houses
present and voting. 1/10 of the members of a house can move such a resolution.
Art 358 - Under this article art 19 will be suspended only upon war or external aggression and not
upon armed rebellion. Further, every such law that transgresses art 19 must recite that it is
connected to art 358. All other laws can still be challenged if they violate art 19.
Art 359, under this article, suspension of the right to move courts for violation of part III will not
include art 20 and 21.
Q1) who is a citizen? How citizenship maybe acquired through domicile? 15 marks
Ans : citizenship is a process by which the state under the constitution confers certain rights ,
civil and political on a person. In other words a person who enjoys full civil and political rights.
There are two types of citizenship:
1)
Dual: Citizenship of the federation and another citizenship of the state. : eg America.
2)
Single citizenship : one citizenship for the whole country. Eg: India.
Articles 5 to 8 deal with citizenship at the commencement of the constitution.
Art 9 to 11 deal with modes of acquisition and loss of citizenship.
How citizenship can be acquired through domicile:
Citizenship by domicile ( art 5)
Domicile means s a permanent home or a place where a person resides with the intention of
permanently remaining there.
Q2) Define state. Explain the tests to determine which other authorities can be included in
the definition.
Ans: State is defined under article 12 of the Indian constitution for the purpose of protection
promotion and enforcement of fundamental rights as provided in the part III of the constitution.
Under art 36 the same definition is used for DPSP unless otherwise provided under part IV. It
does not apply to part XIV or other parts.
The word state includes the following:
1)
Union government and union legislature.
2)
State government and state legislature.
3)
Local authorities and other authorities within the territory of India and under the control of
the government of India.
Local authority refers to local self government.
It can mean municipal committee, mining settlement boards, panchayats or other authorities
legally entrusted by the government to manage or control local funds.
Other authorities: what all it includes.
1) Interpreted first time in shantha bai Vs University of madras. Here the question was whether
the university comes under the definition of state. It was held that though Madras University was
state aided it was a body corporate and does not come within the ambit of state. It was also held
that only bodies exercising government or sovereign function are the test for state. But this was
rejected in ujjambai vs state of UP and held that sales tax officer comes under the definition of
state.
2) Statutory bodies: statutory bodies are those created by a statute and some of them are LIC
ONGC IFC. In Rajasthan vs mohanlal it was held that all authorities created by statute on which
power is conferred upon by law comes within meaning of state under art 12.
3) Agency/ instrumentality of the state: If a body that is an agency or instrumentality of the state
and it is a body corporate registered under the companies act 1956 but it is not a statutory body it
still comes within meaning of state under art 12.
Case law for this is Ramanadayaram shetty vs International airport authority.
The following are the tests to determine if a body is an agency or instrumentality of the state:
1)
Financial resources of the state are the chief funding source.
2)
Deep and pervasive state control.
3)
Functional character is governmental in nature.
4)
If a department is transferred from government to corporations.
5)
Monopoly status is enjoyed and is conferred upon by the state or state protected.
Above test are only illustrative and not exhaustive.
Q3) what is double jeopardy? Explain. 5 marks
Ans: Double jeopardy means double punishment. Here it refers to being punished twice for the
same offence. No person can be punished twice for the same offence.
Case laws: maqbool hussain vs state of Mumbai. Here the accused was caught by the customs for
bringing in gold without declaration from a foreign country. The authorities seized the gold under
the sea customs act and he was also charged under the foreign exchange management act .Here
the prosecution under FEMA did not amount to double jeopardy as the act done under sea
customs act was not a judicial order of a court.
Q4) Indian constitution in neither unitary nor federal but is a mix of both, discuss. 15
marks.
Following are the essentials of a federal constitution:
1)
2)
3)
4)
5)
Distribution of powers.
Supremacy of the constitution.
A written constitution.
Rigidity.
Authority of courts.
Indian constitution possesses all of the above but it modifies the federal principle in the
following:
1)
2)
3)
4)
Appointment of governors.
Parliaments power to legislate in national interest.
Parliaments power to form new states and alter boundaries of existing states.
Emergency provisions.
Thus we can say that the above modification provide for unitary state features also, we can
conclude saying Indian constitution is a mix of both.
Q5) No person shall be deprived of his life or personal liberty except according to procedure
established by law. Discuss with a leading case. 15 marks.
Ans: The right to life and liberty is a fundamental right and includes the following:
1)
2)
3)
4)
5)
Right to privacy.
Right to education.
Right to clean water and air.
Right to livelihood.
Right to die is not a fundamental right.
All of the above are rights which cannot be taken away except under a procedure established by
law.
Maneka Gandhi case gives us a new dimension on this aspect.
Maneka Gandhi vs union of India.
The meaning and content of words personal liberty came up for consideration to the Supreme
Court. In this case the SC gave the widest possible interpretation to personal liberty.
Facts of the case: The petitioners passport was impounded by central government the act
authorized the central government to do so if it was in the general public interest. The
government of India declined to give reasons for the action in the name of public interest. The
petitioner challenged this on the basis that there was no hearing given to seize the passport nor
was there any reason given by the government. However the government disclosed in affidavit
that the petitioners presence may be needed in connection with proceedings of a commission of
inquiry.
The attorney general filed a statement that the petitioner could make a representation in respect of
impounding the passport that the rep would be dealt with expeditiously in accordance with law.
The sc also held that the govt was not justified in withholding the reasons for impounding the
passport from the petitioner.
It was held that the procedure thus est. by the act for impounding a passport is in conformity with
the requirement of art 21 and is not violative of that article.
Following conditions have to be fulfilled before a person is deprived of his property.
1)
2)
3)
4)
Q6) can preamble be amended under article 368? Answer with the aid of a decided case.
The preamble can be amended or not under article 368 can be understood with the following
landmark case.
Keshavananda bharati vs state of kerala :
Facts of the case : In that case attorney general argued that by virtue of amending power in article
368 even preamble can be amended. It was said that since preamble was a part of the constitution
it could be amended like any other provision of the constitution. The petitioners how ever
contended that the amending power in article 368 is limited. The preamble creates implied
limitation on the power of amendment. The preamble contains basic elements of our constitution.
Amending power cannot be used to destroy these basic features. It was argued on the basis that
preamble is not part of constitution. The Supreme Court held that preamble is a part of our
constitution . On the question whether preamble can be amended or not it was held that preamble
is part of our constitution it can be amended subject to this condition that basic features present in
preamble cannot be changed. It was held that these basic features are our edifice of our
constitution and that if these features are amended the whole system will collapse. No one can
suggest these words are ambiguous in any manner. The amending power cannot result in the
constitution being changed in such a way that it ceases to be a sovereign democratic republic. It
would only wreck the constitution.
Q7) A magistrate issues an order authorizing investigating officer to take specimen
handwriting and fingerprints of Mr. x an accused against his willingness. X challenges the
order stating that it violates his Fundamental right under article 20(3) . Decide.
In state vs m Krishna Mohan the SC has held that taking of specimen handwriting and fingerprint
from accused is not prohibited under article 20(3) as being witness against himself.
Q.1 When was Indian Independence Act passed, by whom and on the basis of what plan?
Ans. Thee Indian Independence Act was passed by the British Parliament on 5th July in 1947. This act
was passed to give effect to the Mountbatten plan creating the two independent states of India and
Pakistan.
Q.2- What were the options before the Indian native states in the Indian Independence Act?
Ans. The Indian Independence Act gave three options to the Indian native states(1) to join India(2)
to join Pakistan(3) to remain Independent.
Q.3 -Who drafted the Indian Constitution?
Ans. The Indian constitution was drafted by the Drafting Committee of the Constituent Assembly.
Q.4 -Who was the chairman of the Constituent Assembly? Who was the Chairman of the Drafting Committee?
Ans. Dr. Rajendra Prasad was the Chairman of Constituent Assembly. Dr. B.R. Ambedkar was the
Chairman of Drafting Committee.
Q.5 -When was the Constitution adopted?
Ans. The constitution was adopted on 26th November 1949.
Q.6 -When did the Constitution come into force?
Ans. The constitution came into force on 26th January 1950.
Q.7 -According to the Preamble India is what kind of state?
Ans. According to the original preamble India is a Sovereign, Democratic Republic. By 42nd
amendment of the constitution India is made also a Socialist and Secular state.
Q.8 -What are the political ideals, according to the Preamble India seeks to secure?
Ans. India seeks to secure to her people:
Justice: Social Economic and Political.
Liberty: of thought, expression, belief, faith and worship
Equality: of status and opportunity, and Fraternity, assuring the dignity of the individual and unity of the
nation.
Q.9 -How many Arts, are there in the Indian Constitution?
Ans. The original constitution had 395 Arts and 7 schedules. Now after the 80th amendment of the
constitution there are 405 Arts and 10 schedules in the constitution.
Q.10 -What is meant by Secular and Socialist as described in the Preamble?
Ans. The preamble describes India to be a secular state. It means that there is no established religion in
India and that state does not give any preference to any religion in India.
The 42nd amendment of the Indian constitution makes India a socialist state. It means that the state shall
abolish private ownership of the means of production and distribution. This however has not yet been
achieved. On the other hand the state now encourages private ownership.
Q.11 Bring out the significance of the terms Sovereign, Democratic Republic as mentioned in the Preamble.
Ans. India is a sovereign state. It means the state in India is the supreme authority over all men and all
associations within the country and is absolutely free from any outside control.
India is democratic. It means that in India all governments are formed on the basis of popular support.
India is republic. It means all offices of the state from the highest to the lowest are held on the basis of
merit and no office of the state is held on the basis of hereditary right.
Q.1 2- How many states and union territories are there in the Indian Union?
Ans. There are 25 states and 7 union territories in the Indian Union.
Q.13 Which State of the Indian Union has a separate Constitution?
Ans. The state of Jammu and Kashmir has a separate constitution.
Q.14 What is the importance of Arts 370 of the Constitution?
Ans. This Art gives the state of Jammu & Kashmir a separate constitutional status. Laws passed by the
Indian Parliament apply to Jammu & Kashmir if they are accepted by the J. K. legislature.
Q.23 What are the freedoms granted to citizens by Art 19 of the Constitution?
Ans. Art 19 of the constitution grants six freedoms to the citizens They are right to freedom of
(I) expression, (2) to assemble peaceably and without arms (3) to form association, (4) to move freely in
India, (5) to five anywhere in India and (6) to adopt any profession or business.
Q.24 What Art of the Constitution forbids use of titles or honor conferred by foreign states?
Ans. Art 18.
Q.25 Is the right to work and employment recognized by Constitution?
Ans. No. The directive principle of the constitution declares right to work and employment as desirable.
But the directives are non- justiciable in character.
Q.26 Are the conferment of honour like Bharat Ratna or Padma Bibhusun violative of right to equality under Art.
114?
Ans. No, because Bharat Ratna, Padma Bibhusun etc. are not considered as titles. They cannot be used
before or after the names of the persons on whom they are conferred.
Q.27 How the Indian Constitution seeks to protect children against exploitation?
Ans. Arts 24 of the constitution forbids employment of children in factories, mines, or in hazardous
works.
Q.28 What categories of people can be imprisoned without trial?
Ans. Under Arts 22 (3) of the constitution enemy aliens and persons arrested under preventive detention
Acts can be imprisoned without trial.
Q.29 India is a Secular State. What does it mean?
Ans. Indian secularism means that the state does not have any established religion, that people are free
to practice and profess any religion and that the state does not show any preference to any religion.
Q.30 -What Arts of the Constitutions confer right to freedom of religion?
Ans. Arts 25 to 28 confer right to freedom of religion on the citizens.
Q.38 In what chapter of the Constitution and in what Arts are the Directive principles of the Constitution given?
Ans. In chapter IV Arts 35-51 the directive principle of the constitution are given.
Q.39 -What is the principal difference between the directive principles and the fundamental rights?
Ans. The fundamental rights are justiciable while the directive principals are non-justiciable i.e. the
fundamental rights are enforced by the courts while the directives are not enforced by the courts.
Q.40 -Name four important directives given in the Indian Constitution?
Ans. (1) The states should provide help in cases of old age, unemployment and disability. (2) State
should strive to reduce inequality between individuals, groups and professions (3) State should promote
and foster rural cottage industries. (4) The state should provide compulsory free primary education to
children below 14 years if age.
Q.41 Name two directives based on the ideal of socialism?
Ans. (A) The state should prevent concentration of the ownership of the means of production in the
hands of the few (Art. 39c).
(B) The state should provide help and assistance in case of unemployment and disability.
Q.42 -What directive is based on a Gandhian ideal?
Ans. -Art 45 of the constitution directs the state to promote and foster Panchayeti Raj in India.
Q.43 -What are the value and importance of the directive principles?
Ans. The directive principles though non-justiciable are not worthless. Sir B.N. Rao contends that the
directives are moral precepts. K.M. Panikkar holds that the directives promise India to achieve economic
socialism or economic democracy.
Q.44 -What directive aims to secure separation of the executive from the judiciary?
Ans. Art 50 of the constitution direct the state to separate the executive from the judiciary. This is
important to secure the independence of the judiciary from executive control and influence.
government. In India there are three liststhe Union list, the State list and the Concurrent list. The
residues belong to the centre.
Q. 52 Under what circumstances the union government can legislate on subjects in the state list?
Ans. On three occasions the Union government may legislate on state subjects.(i) to give effect to an
international treaty, (ii) when the Rajyasabha by 2/3 majority authorized the Parliament under Art 249 to
legislate on any state subject, (iii) when one or more states request the union government to legislate on
any state subject.
Q. 53 Under what Art the President may constitute Inter State Councils and for what purpose?
Ans. Under Arts 263 of the Indian constitution the President may constitute Inter State Councils to
regulate the relations between the centre and the states or between the states.
Q. 54 Name four important subjects in the Union list?
Ans. Defence, Foreign relations, Citizenship and Banking are four important subjects in the Union list.
Q. 55 Name four important subjects in State list?
Ans. (i) Land Revenue, (ii) Law and order, (iii) Local government, (iv) Education up to the secondary
level.
Q. 56 What do you mean by Concurrent list? Name four important subjects in Concurrent list.
Ans. The concurrent list mentions the subjects on which the union and the state governments, both can
legislate but in case of conflict between a union and state law the union law prevails. Administrative and
criminal law, vagrancy, forests, protection of wild animals and birds are four important subjects in the
concurrent list.
Q. 57 Mention two circumstances when the Union Government can issue directives to the State Governments.
Ans. The union government may issue directive to the state government for the protection of the
Railways and Ports and also on subjects considered important in the national interest.
Q. 58 What is meant by residual powers?
Ans. In a federal constitution powers not mentioned in any list of powers given to the centre or the
states is known as the residual power. In India the residuary belongs to the union government.
Q. 59 Mention two taxes the proceeds of which are divided between the union and the state governments.
Ans. Non-agricultural income tax and excise duties except on cosmetics and medicines.
Q. 60 Mention four subjects on which the state government may impose taxes.
Ans. The state government may realize (i) sales tax, (ii) land revenue, (iii) amusement tax and taxes on
(iv) transportations.
15. Who set forth the main objectives of the Constituent Assembly in the form of the Objective
Resolution ?
Answer: Jawaharlal Nehru
16. How many articles are there in the Indian Constitution ?
Answer: 448 Articles
17. How many Fundamental Rights have been guaranteed by the Indian Constitution ?
Answer: 6(six)
18. How many Fundamental Duties have been assigned to the citizens of India ?
Answer: 10(ten)
19. Who appoints the Prime minister of India ?
Answer: The President of India
20. How is the President of India elected ?
Answer: Every elected member of the legislative assembly of a State shall have as many votes as there
are multiples of one thousand in the quotient obtained by dividing the population of the state by the total
number of elected members of the Assembly;
21. What is the name of the Upper House of the Indian Parliament?
Answer: Rajya Sabha
22. What is the name of the Lower House of the Indian Parliament?
Answer: Lok Sabha
23. Who presides over the session of the Lok Sabha?
Answer: The Speaker
24. Who presides over the session of the Rajya Sabha?
Answer: The Vice-President of India
25. which article give special status to Jammu & Kashmir ?
Answer: Article 370
26. Who appoints the Governors of States?
Answer: The President of India
27. What is the total number of members in the Lok Sabha?
Answer: 552
28. What is the number of elected members in the Lok Sabha?
Answer: 530
29. How many members constitute the Rajya Sabha?
Answer: 250
30. How are the members of the Rajya Sabha elected?
Answer: Membership is limited to 250 members, 12 of whom are nominated by the President of India for
their contributions to art, literature, science, and social services.
31. who designed rupee symbol?
Answer: symbols adoption in July 2010 by D Udaya Kumar
12. Under which Government of India Act, Federation and Provincial Autonomy were introduced in India
20. In the Govt. of India Act 1935, who was authorised to make a law on the Provincial subject
(A) Governor
(B) Governor General
(C) Federal Legislature
(D) None of the above
21. Which Constitution is in the written form for the first time by an elected body during the Modern
period
(A) India
(B) America
(C) Britain
(D) France
22. Who was the de facto Prime Minister at the time of evolution of the Indian Constituent Assembly
(A) Moti Lal Nehru
(B) Sardar Ballabh Bhai Patal
(C) Jawahar Lal Nehru
(D) H. N. Kunzru
23. Who boicotted the Indian Constituent Assembly
(A) Unionist Muslim
(B) Muslim League
(C) Unionist Scheduled Caste
(D) Krishak Poja
24. In the Constituent Assembly, which parties were members
(A) Congress, Muslim League, Unionist Muslim
(B) Unionist Scheduled Caste, Krishak Poja, Scheduled Castes Federation, Sikh (Non Congress)
(C) Communists, Independents
(D) All the above
25. Which party said that Indian Constituent Assembly does not have a fully representative character
(A) Congress
(B) Muslim League
(C) Unionist Muslim
(D) Unionist Scheduled Castes
26. After independence, who decided to determine the Future Constitution of India
(A) Jawahar Lal Nehru
(B) Sardar Ballabh Bhai Patel
(C) Constituent Assembly
(D) None of the above
27. Whom the Indian Constituent Assembly represented
(A) Fully representative of the Hindus
(B) Fully representative of the State in India
(C) Fully representative of the Provinces in India
(D) Fully representative of the States and Provinces in India
28. Through which offer, the British Government authoritatively supported a Constituent Assembly for
making the Indian Constitution
(A) August offer
(B) Viceroy offer
(C) Sir Strafford Cripps offer
(D) None of the above
29. Who supported the views of the Constituent Assembly for making the Indian Constitution
(A) Sardar Patel
(B) Gandhiji
(C) Jinnah
(D) None of the above
30. Gandhiji wrote which article in the Harijan of 19th November 1939 to support the formation of
Constituent Assembly for making the Constitution of India
(A) The need of Constitution
(B) Formation of Constituent Assembly
(C) The only way
(D) The way
31. Which Party supported formation of a Constituent Assembly
(A) Congress
(B) Muslim League
(C) Unionist Muslim
(D) Unionist Scheduled Castes
32. When did Constituent Assembly adopt a national Flag
(A) 22nd Aug. 1947
(B) 22nd July 1947
(C) 22nd Jan. 1947
(D) 22nd Oct. 1947
33. Did the Constituent Assembly exist at the time of Indian Independence
(A) No
(B) Only idea emerged
(C) Yes
(D) Uncertainty regarding formation of said Assembly
34. Who was the last British Governor General who addressed the Constituent Assembly
(A) Lord Attlee
(B) Lord Mount Batten
(C) Lord Bentick
(D) None of the above
35. When did the Constituent Assembly passed a resolution for translation of the Constitution of India
into Hindi and other many languages of India
(A) 17th Sep. 1949
(B) 17th Oct. 1949
43. In the final form of the Constitution adopted by the Constituent Assembly, how many Articles and
Schedules were there
(A) 397 Articles and 9 Schedules
(B) 395 Articles and 4 Schedules
(C) 396 Articles and 7 Schedules
(D) 395 Articles and 8 Schedules
44. In the Constituent Assembly how many total number of Amendments were proposed in the Draft
Constitution
(A) Approx. 7935
(B) Approx. 7892
(C) Approx. 7365
(D) Approx. 2473
45. What was the expenditure made by the Constituent Assembly while framing the Constitution of India
72. Who elected Dr. Rajendra Prasad as the First President of India
(A) Constituent Assembly
(B) Legislative Assembly
(C) Council of State
(D) Lok Sabha
73. In the Constituent Assembly who proposed the name of Dr. Rajendra Prasad as President of India
(A) Jawaharlal Nehru
(B) Sardar Patel
(C) A & B
(D) None of the above
74. Which is our National anthem
(A) Jana Gana Mana
(B) Vande Matram
(C) A & B
(D) None of the above
75. When did the Constituent Assembly adopt National Anthem
(A) 25th Jan. 1950
(B) 26th Jan. 1950
(C) 24th Jan. 1950
(D) 29th Jan. 1950
76. In the last session of the Constituent Assembly which song was sung
(A) Jan Gana Mana
(B) Vande Matram
(C) A & B
(D) None of the above
77. Which women presented National Flag in the Constituent Assembly
(A) Smt. Sarojini Naidu
(B) Smt. Hansa Mehta
(C) Smt. Indira Gandhi
(D) None of the above
78. In the Indian National Flag, what does Ashokas wheel represent
(A) Wheel of the Truth
(B) Wheel of the Moral
(C) Wheel of the Dharm
(D) Wheel of the Law
79. In the National Flag, what does green colour represent
(A) Animals
(B) Soil
(C) Human Nature
(D) Spiritual Philosophy
96. Who was be Deputy Prime Minister of India at the time of Provisional Parliament
(A) Jawahar Lal Nehru
(B) Sardar Ballabh Bahi Patel
(D) Maulana Abdul Kalam Azad
(D) Gulzarilal Nanda
97. Which occupation was represented more in the Provisional Parliament
(A) Agriculturists
(B) Businessmen
(C) Teachers/Academicians
(D) Lawyers
98. From which area, more members were represented in the Provisional Parliament
(A) Rural area
(B) Urban area
(C) Municipalities
(D) Panchayats
99. When did the first Lok Sabha function
(A) 1952-1956
(B) 1953-1957
(C) 1952-1957
(D) None of the above
100. Who was the Prime Minister of India in the first Lok Sabha
(A) Pandit Govind Ballabh Pant
(B) Jawahar Lal Nehru
(C) Abdul Kalam Azad
(D) C. D. Deshmukh
101. Who was the Minister of Home Affairs in the first Lok Sabha
(A) Jagjivan Ram
(B) C. D. Deshmukh
(C) Pandit Govind Ballabh Pant
(D) Abdul Kalam Azad
102. Who was the first Speaker of the First Lok Sabha
(A) G.V. Mavalankar
(B) C. D. Deshmukh
(C) Dr. S. Radhakrishnan
(D) Pandit Govind Ballabh Pant
103. Who was the chairman of the Rajya Sabha at the time of fist Lok Sabha
(A) N.C. Chatterjee
(B) Dr. S. Radhakrishnan
(C) A. K. Gopalan
(D) Mahavir Tyagi
127. Under the British Rule, who was the First Deputy President of Central Legislative Assembly
(A) Shri Sachchidananda Sinha
(B) Shri Abdul Matia Chaudhary
(C) Sir Muhammad Yakub
(D) Shri R. R. Shamnukhaym Chetty
128. Before Indian Independence, how was the Post of Deputy Speaker in the Central Legislative
Assembly called
(A) Vice President
(B) Vice Chairman
(C) Deputy President
(D) None of the above
129. Who was the last Deputy President of Central Legislative Assembly during the British Period
(A) Sir Muhammad Yamin Khan
(B) Shri Abdul Matia Chaudhary
(C) Sir Muhammad Yakub
(D) Shri R. R. Shamnukham Chetty
130. Who was the Deputy Speaker of the Constituent Assembly (Legislative)
(A) Shivaraj Patil
(B) G. Laxman
(C) S.V. Krishnamurthy Rao
(D) M. A. Ayyangar
131. Who was the Deputy Speaker of the First Lok Sabha
(A) M. A. Ayyangar
(B) Sardar Hukam Singh
(C) M. Thambidurai
(D) None of the above
132. Who was the Prime Minister at the time of Second Lok Sabha
(A) Lal Bahadur Shastri
(B) Pt. Jawahar Lal Nehru
(C) Narsimha Rao
(D) I. K. Gujral
133. Who was the First Lok Sabha Speaker unanimously elected
(A) Hukam Singh
(B) Dr. G.S. Dhillon
(C) M.A. Ayyangar
(D) B.R. Bhagat
134. In the First Lok Sabha Election, what was the expenditure incurred
(A) Rs. 10.45 crore
(B) Rs. 5.90 crore
(C) Rs. 7.81 crore
(D) Rs. 14.43 crore
135. Who said As President, I have no eyes but constitutional eyes. I cannot see you
(A) Dr. Rajendra Prasad
(B) Dr. Radhakrishnan
(C) Abraham Lincoln
(D) Mahatma Gandhi
136. When was the First Lok Sabha dissolved
(A) 4th April 1957
(B) 3rd April 1957
(C) 6th April 1957
(D) 8th April 1957
137. In the First Lok Sabha, what was the Representation of Women
(A) 27
(B) 34
(C) 22
(C) 39
138. In the First Lok Sabha, how many seats were
(A) 500
(B) 499
(C) 544
(D) 521
139. In which two Lok Sabhas Women Representation was equal
(A) First and Sixth Lok Sabha
(B) First and Eighth Lok Sabha
(C) First and Fifth Lok Sabha
(D) First and Ninth Lok Sabha
140. Which Prime Minister of India imposed President Rule for more number of times
(A) Jawahar Lal Nehru
(B) Lal Bahadur Shastri
(C) N. D. Deva Gowda
(D) Indira Gandhi
141. During the time of Jawahar Lal Nehru, how many Times Presidents Rule was reproduced
(A) Seven
(B) Two
(C) Zero
(D) Four
142. During Lal Bahadur Shastri time, how many times President Rule was imposed
(A) Four
(B) Ten
(C) Two
(D) Fifteen
143. During the time of Indira Gandhi, what was the number of Presidents Rule imposed
(A) 16
(B) 48
(C) 4
(D) 6
144. During the time of Morarji Desai and Charan Singh, what was the number of times President Rule
imposed
(A) 16
(B) 4
(C) 5
(D) 10
145. In Rajeev Gandhi time, how many times President Rule was imposed
(A) 15
(B) 20
(C) 5
(D) 6
146. At the time of V. P. Singh, how many times Presidents Rule was imposed
(A) 2
(B) 6
(C) 7
(D) 8
147. During the period of Chandra Shekhar, how many times Presidents Rule was imposed
(A) 9
(B) 4
(C) 3
(D) 11
148. During the time of P. V. Narsihmha Rao, what was the number of Presidents Rule
(A) 90
(B) 100
(C) 7
(D) 11
149. At the time of H. D. Deva Gowda, what was the number of Presidents Rule
(A) 2
(B) 5
(C) 13
(D) 16
150. Under which Article of the Constitution of India, Constitution of Parliament has been defined
(A) 80
(B) 79
(C) 82
(D) 81
151. Who nominates 12 members in the Council of State
(A) Chairman of Rajya Sabha
(B) Deputy Chairman of Rajya Sabha
(C) President of India
(D) Prime Minister of India
152. Members of Rajya Sabha are elected by which members
(A) Lok Sabha
(B) Legislative Assembly
(C) Council of State
(D) Legislative Council
153. Representative of Union territories in the Council of State shall be choosen in such a manner as
decided by
(A) As prescribed by law in the Assembly
(B) As prescribed by law by State
(C) As prescribed by law by the Union
(D) As prescribed by law in the Parliament
154. How many members represented Union territories in Lok Sabha
(A) 20
(B) 21
(C) 22
(D) 23
155. For a Election to Lok Sabha, each State shall be divided into
(A) Constituencies
(B) Territorial Constituencies
(C) Union Constituencies
(D) State Constituencies
156. How many members are fixed for Lok Sabha
(A) 501
(B) 551
(C) 530
(D) 506
157. In which Article of the Constitution of India, duration of House of Parliament has been mentioned
(A) 83
(B) 84
(C) 85
(D) 88
158. Which House shall not be a subject for dissolution
(A) Lok Sabha
166. Within which period the President has to summon session of the Parliament
(A) Six Months
(B) Five Months
(C) Four Months
(D) Three Months
167. Under which Supreme Court Judgment, action of the President to summon, prorogue and dissolve
either of the Houses of the Parliament shall be unconstitutional if acted without advice of Council of
Ministers
(A) Indira Gandhi vs. Raj Narain A.I.R. 1975 S.C. 2299
(B) Rao vs. Indira Gandhi A.I.R. 1971 S.C. 1002
(C) Anandan vs. Chief Secretary, A.I.R. 1966 S.C 657
(D) None of the above
168. In the event of dissolution of Lok Sabha, who need not resign or get dismissed immediately
(A) Prime Minister
(B) Home Minister
(C) Union Council of Ministers
(D) None of the above
169. Under which Constitutional Article, President has the right to address and send message to the
Parliament
(A) 84
(B) 83
(C) 85
(D) 86
170. Under which Constitutional Article, President has the right for Special Address to the Parliament
(A) 87
(B) 88
(C) 89
(D) 90
171. Which law officer shall have the right to speak in both the Houses of Parliament
(A) Solicitor General
(B) Advocate General
(C) Attorney General
(D) Legal Advisor
172. Which Article of the Constitution of India mentioned the posts of the Chairman and Deputy
Chairman of Rajya Sabha
(A) 90
(B) 89
(C) 93
(D) 94
173. Whom the Rajya Sabha has the power for removal
(A) Speaker
(B) Deputy Speaker
(C) Council of President
(D) Deputy Chairman
174. During the absence of the Chairman, who runs the Rajya Sabha ?
(A) Deputy Chairman
(B) Prime Minister
(C) Home Minister
(D) Parliamentary Affairs Minister
175. Under which Article, House of the People can have the Speaker and Deputy Speaker
(A) 95
(B) 93
(C) 98
(D) 96
176. What is the period laid down by the Constitution before the proposal for removal of Speaker and
Deputy Speaker of Lok Sabha can be taken up by a resolution in the Lok Sabha
(A) 15 Days
(B) 18 Days
(C) 16 Days
(D) 14 Days
177. In Lok Sabha, who can not preside in the House while a Resolution for Removal from his office is
under consideration
(A) Speaker
(B) Deputy Speaker
(C) A & B
(D) None of the above
178. Under which Article Salaries and allowances of the Chairman and Deputy Chairman of Rajya Sabha
and Speaker and Deputy Speaker of Lok Sabha are mentioned
(A) 97
(B) 96
(C) 95
(D) 94
179. Which Article mentions the conduct of business of the Houses of Parliament
(A) 99
(B) 100
(C) A & B
(D) None of the above
180. Who appoints each member of either of the Houses of the Parliament after notification is received
from the Election Commission
(A) President
189. What is the meaning of the adjournment motion under Parliamentary procedure
(A) Member draws attention regarding important subject-matter
(B) Member wants the House to discuss his subject-matter
(C) Member wants to raise complicated issue
(D) Member wants to draw the attention of the House to way recent matter of urgent public importance
having serious consequences.
190. Who has the power to accept adjournment in the House
(A) Prime Minister
(B) Home Minister
(C) Speaker in the Lok Sabha and Chairman in the Rajya Sabha
(D) All the above
191. Which authority in the Parliament has the right to adjourn the House
(A) Speaker of Lok Sabha and Chairman of Rajya Sabha
(B) President
(C) Parliamentary Affairs Minister
(D) Prime Minister
192. Who has the power to present adjournment motion in Lok Sabha and Rajya Sabha
(A) Minister
(B) Deputy Speaker
(C) Prime Minister
(D) Member of the said House
193. In the Parliament, every Bill has to pass through which stages of Reading before it becomes act
(A) First Reading
(B) Second Reading
(C) Third Reading
(D) All the above
194. When a Bill is passed by the Parliament and the President, what is the status of the name
(A) Law
(B) Bill approved
(C) Bill exercised for administration
(D) Government procedure
195. Which two houses, can have a joint sitting
(A) Legislative Assembly and Parliament
(B) Lok Sabha and Rajya Sabha
(C) Council of State and Legislative Council
(D) None of the above
196. When does the President assent the Bill
(A) Lok Sabha passes the Bill
(B) Rajya Sabha passes the Bill
(C) Lok Sabha and Rajya Sabha both passed the Bill
(D) None of the above
197. In India, when does the financial year commence
(A) First April
(B) Second April
(C) First March
(f) Fifteenth March
198. On the subject of budget, demands for grant are arranged in which way
(A) Prime Minister
(B) Finance Minister
(C) Ministry wise
(D) All the above
199. In how many parts, the Budget is presented in Lok Sabha
(A) One
(B) Two
(C) Three
(D) Four
200. How are the parts of the Budget known as
(A) General Budget
(B) Railway Budget
(C) A & B
(D) None of the above
201. In the Parliament, what is the meaning of the Government Bill
(A) Bill presented by Ruling Party member
(B) Bill approved by the Government
(C) Only the Prime Minister presents the Bill
(D) A Bill introduced by any Minister in either of the Houses of the Parliament
202. In the Second Reading, what kind of process is adopted to approve the Bill
(A) A general discussion on the Bill
(B) Clause by clause consideration of the Bill
(C) A & B
(D) None of the above
203. Who has the authority to call a joint sitting of the two Houses of Parliament
(A) Prime Minister
(B) President
(C) Member of Lok Sabha
(D) Member of Rajya Sabha
204. Who has the power to accord his assent or withhold his assent to a Bill passed by the parliament
(A) President
212. In what way our Indian Parliament is not Sovereign or Supreme with respect to the Constitution
(A) In the Preamble, Constitution of India defines people of India as Sovereign
(B) Written Constitution of India
(C) Separation of Power and Checks and Blanees between the three constitutional organ
(D) All the above
213. Who has said that basic features of the Indian Constitution do not amount to a change
(A) Prime Minister
(B) Parliament
(C) Supreme Court of India
(D) Government
214. What is the nature of Indias political system
(A) Presidential System
(B) Parliamentary System
(C) A & B
(D) None of the above
215. Which Constitutional Article was very much affected in the Supreme Court Judgement of
Kesavanand Bharti vs. State of Kerala
(A) Article 352
(B) Article 368
(C) Article 351
(D) Article 342
216. Which constitutional article emopowers amendment in the Constitution of India
(A) Article 368
(B) Article 356
(C) Article 357
(D) Article 359
217. Which constitutional organ has the power to amend Constitution of India
(A) Judiciary
(B) Executive
(C) Legislative
(D) Parliament
218. On which subject, Parliament has the power to amend the Constitution and the same also need
ratification by the State Legislature
(A) Articles 54, 55, 73, 162 and 241 or Chapter IV of Part V, Chapter V of Part VI or Chapter I of Part XI
(B) Any of the Lists in the Seventh Schedules of the representation of State on Parliament
(C) The Provisions of Article 368
(D) All the above
219. Under which Constitutional Amendment Act, Article 368 of the Constitution was amended for the
first time
(A) 25th Amendment Act
(B) 26th Amendment Act
227. How many judges of the Supreme Court were in the Bench to describe the basic structure of the
Constitution for the first time in the landmark Judgement Kesavananda vs. State of Kerala
(A) Article 13
(B) Article 12
(C) Article 14
(D) Article 15
228. Under which Chief Justice of India, the Constitution Bench described the basic structure of the
Constitution for the first time
(A) Mr. Justice J. M. Shelat
(B) Mr. Justice J. S. Verma
(C) Mr. Justice C. J. Sikri
(D) Mr. Justice K. V. Chandrachud
229. In which Supreme Court Judgement, it has been pronounced that Parliament cannot enlarge its own
powers by making itself new Constitution
(A) Sasanka vs. Union of India
(B) Kesavananda vs. State of Kerala
(C) Minerva Mills vs. Union of India
(D) Sankari Prasad vs. Union of India
230. What is the nature of the Indian Constitution
(A) Rigid Constitution
(B) Flexible Constitution
(C) A & B
(D) None of the above
231. Which Articles in the Indian Constitution represent emergency provisions
(A) Article 348-354
(B) Article 352-360
(C) Article 359-361
(D) Article 368-380
232. Under which article of the Indian Constitution proclamation of emergency has been defined
(A) Article 352
(B) Article 353
(C) Article 354
(D) Article 358
233. Which article in the Constitution of India defines effect of proclamation of Emergency
(A) Article 356
(B) Article 353
(C) Article 354
(D) Article 257
234. Which Constitutional Article defines that only the union has the power to protect states against
external aggression and internal disturbance
(A) Article 359
242. Which constitutional article defines the Bar to interference by Courts in disputes arising out of
certain treaties, agreements, etc.
(A) Article 363
(B) Article 370
(C) Article 371
(D) Article 372
243. Which constitutional article abolished the Privy Purses
(A) Article 374
(B) Article 392
(C) Article 363A
(D) Article 364
244. Which constitutional article defines the effect of failure to comply with or to give effect to direction
given by the Union
(A) Article 356
(B) Article 367
(C) Article 368
(D) Article 365
245. Which constitutional article defines the various definitions of constitutional subject
(A) Article 366
(B) Article 369
(C) Article 375
(D) Article 378
246. Which Fundamental Rights Article is not in operation during the emergency
(A) Article 22
(B) Article 19
(C) Article 23
(D) Article 24
247. Which constitutional organ has wider powers when emergency is in operation
(A) Executive
(B) Legislative
(C) Judiciary
(D) A & B
248. Which organ does not have the right to question and justify as null and void the law which violates
Fundamental Rights article?
(A) Executive
(B) Judiciary
(C) Legislative
(D) None of the above
249. Who has the power to declare that citizen has no right to move any court for the enforcement of the
rights conferred by Part 3 of Fundamental Rights during the course of emergency
(A) Executive
(B) President
(C) Governor
(D) Prime Minister
250. Which Fundamental Rights article is enforceable during the period of emergency
(A) 20
(B) 21
(C) A & B
(D) None of the above
251. Through which constitutional amendment in article 359, it has been laid down that Fundamental
Rights under articles 20 and 21 are enforceable during the operation of emergency
(A) 44th Amendment Act
(B) 46th Amendment Act
(C) 45th Amendment Act
(D) 48th Amendment Act
252. On whose satisfaction period of emergency shall be extended for operation in case security of India
or any part of the Indian territory is threatened
(A) Prime Minister
(B) Home Minister
(C) President of India
(D) Vice-President of India
253. Article 20 of the Fundamental Rights represents which subject
(A) Equality of opportunity in matters of public employment
(B) Protection in respect of Conviction of Offence
(C) Protection of life and personal liberty
(D) None of the above
254. Article 21 of the Fundamental Rights deals with which subject
(A) Protection of certain rights regarding freedom of speech,
(B) Protection in respect of conviction of offence
(C) Protection against arrest and detention in certain cases
(D) Protection of life and personal liberty
255. Who declares the financial emergency
(A) President
(B) Prime Minister
(C) Finance Minister
(D) None of the above
256. After declaration of financial emergency by the President, what is the period of operation without
approval by the Parliament
(A) Three Months
(B) Four Months
264. Under which constitutional articles, newspapers do not have the right to publish report of the
proceedings of a secret session of either of the Houses of Parliament or Legislative Assembly &
Legislative Council
(A) 361
(B) 361A
(C) 361B
(D) 361C
265. Spell out the condition under Article 361A by which any person or newspaper cannot be sued for
legal proceeding if any report of proceedings of Parliament and State Legislature is published
(A) The report must be a report of the `procedings of a House of the Union or a State Legislature. Hence,
it must be relevant to a motion or other business before the House, and must not have been expunged
(B) It must be a report as distinguished from one article or `Comment.
(C) Such report must be substantially true. Hence, an extract or a garbed or perverted report would not be
protected. The reporting must not be actuated by malice
(D) All of the above
266. Any Court including Supreme Court does not have constitutional right under Article 143 to exercise
jurisdiction over any dispute arising out of any provision of which agreements that were in operation
before commencement of the Constitution
(A) Treaty, Agrrement
(B) Covenant, Engagement
(C) Sanad
(D) All of the above
267. What is the meaning of Indian State in the Constitution
(A) Any territory recognised by President of India
(B) Any territory before commencement of Indian Constitution by the British ruler
(C) Any territory which government of the Dominion of India recognised
(D) B & C
268. Before which Constitutional Amendment, Prince, Chief or other person were recognised by the
President of India as the Ruler of the Indian State
(A) 26th Amendment Act 1971
(B) 24th Amendment Act 1971
(C) 16th Amendment Act 1963
(D) 17th Amendment Act 1964
269. Under which Constitutional Amendment Privy Purses were abolished
(A) 36th Amendment Act 1975
(B) 26th Amendment Act 1971
(C) 16th Amendment Act 1963
(D) 17th Amendment Act 1964
270. Under which Constitutional Article, Union Government has the power to give direction to the State
Govt. regarding any of the provisions of the Constitution
(A) Article 368
(B) Article 362
(A) Ensure that every State Minister should act in accordance with the advice of Chief Minister
(B) Ensure that Governor acts under advice of the Chief Minister
(C) Ensure that Governance in the State is in accordance with the Constitution
(D) All of the above
273. What is the meaning of Foreign State as given in our Indian Constitution
(A) Federal State
(B) Commonwealth State
(C) Nation
(D) Any State other than India
274. Which Constitutional article defines the work of Administrative Tribunal
(A) Article 323A
(B) Article 233B
(C) Article 223B
(D) None of the above
275. Under which part of the Constitution, Tribunals have been defined
(A) Part Four
(B) Part Seven
(C) Part Fifteen
(D) Part Ten
276. What are the subjects for adjudication or trial by Administrative Tribunal
(A) Private sector employee recruitment disputes
(B) Decide on recruitment in Public sector
(C) Dispute and complaints with respect to recruitment and condition of service of persons appointed in
the public services in connection with the officers of the Union or of any State or of any local or other
Authority within the territory of India
(D) None of the above
277. Administrative Tribunal is meant for whom
(A) Union
(B) Each State
(A) 23
(B) 24
(C) 21
(D) 22
331. Under Article 326, what was the Constitutional requirment for the Indian citizen not to become
eligible as a voter
(A) Non Resident
(B) Unsoundness of Mind
(C) Crime or Corrupt or Illegal practive
(D) All the above
332. Which Constitutional Article lays down qualification for becoming a voter
(A) Article 328
(B) Article 339
(C) Article 326
(D) Article 295
333. Which Constitutional Article lays down qualifications for the Indian citizens for election to
Parliament
(A) Article 81
(B) Article 80
(C) Article 83
(D) Article 84
334. Which Constitutional Article defines qualifications for the Indian citizen for election to a State
Legislature
(A) Article 173
(B) Article 175
(C) 2
(D) 1
342. In which State a separate district has been reserved for Scheduled Tribes
(A) Assam
(B) Andhra Pradesh
(C) Karnataka
(D) Kerala
343. Which Constitutional Article deals with representation of the Anglo-Indian Community in the
Legislative Assembly
(A) Article 334
(B) Article 335
(C) Article 336
(D) Article 333
344. Under Article 333, how many members from the Anglo-Indian Community can be nominated by the
Governor in the Legislative Assembly
(A) 8
(B) 1
(C) 4
(D) 3
345. Under which Constitutional Amendment of Article 334, reservation of seats for Scheduled Castes
and Scheduled Tribes in the Lok Sabha and State Legislative Assembly has been laid down
(A) 31st Amendment Act 1959
(B) 23rd Amendment Act
(C) 45th Amendment Act 1980 & 62nd Amendment Act 1989
(D) All the above
346. Before which Constitutional Amendment, 20 years were fixed for reservation of seats for Scheduled
Castes and Scheduled Tribes in Lok Sabha and State Legislature
(A) 23rd Amendment Act 1969
(B) 8th Amendment Act 1959
(C) 44th Amendment Act 1978
(D) 45th Amendment Act 1980
347. Through which Constitutional Amendment, 30 years were fixed for reservation of seats for SC and
ST in Lok Sabha and State Assembly
(A) 45th Amendment Act 1980
(B) 50th Amendment Act 1984
(C) 23rd Amendment Act 1969
(D) 51st Amendment Act 1984
348. Which Constitutional Amendment fixes 40 years for reservation of seats for SC and ST in Lok Sabha
and State Legislative Assembly.
(A) 55th Amendment Act 1986
(B) 56th Amendment Act 1987
(B) 243A
(C) 243
(D) 243I
364. In the Indian Constitution, which type of the Sabha is mentioned under Panchayat Raj
(A) District Sabha
(B) Gram Sabha
(C) Nagar Panchayat Sabha
(D) Zila Sabha
365. Under Constitutional Article 243, what is the meaning of Panchayat
(A) Self Gram Panchayat Raj
(B) Government of Village
(C) Self Government
(D) None of the above
366. Under Constitutional Article 243D, in Panchayat who gets reservation
(A) Scheduled Caste
(B) Scheduled Tribes
(C) A & B
(D) None of the above
367. Who make composition of Panchayat under Constitutional Article 243(C)
(A) State Assembly
(B) Lok Sabha
(C) Council of State
(D) Legislature of State
368. Which Constitutional Article defines disqualification for the members of Panchayat
(A) Article 243F
(B) Article 243G
(C) Article 243I
(D) None of the above
369. Which Constitutional Article defines the duration of the Panchayat
(A) Article 243N
(B) Article 243O
(C) Article 243E
(D) Article 243B
370. Which Constitutional Article define `Municipalities
(A) Article 243P
(B) Article 243Q
(C) Article 243T
(D) Article 343U
(B) State of Rajasthan vs. Union of India A.I.R. 1977 S.C. 1361
(C) A & B
(D) None of the above
394. How many Schedules are incorporated in the Constitution of India
(A) Eleventh Schedule
(B) Tenth Schedule
(C) Ninth Schedule
(D) Twelfth Schedule
395. Which Constitutional Article lays down distribution of work through the Union List, State List, and
Concurrent List between the Union and State
(A) 246
(B) 247
(C) 248
(D) 249
396. In the Union List, how many subjects are incorporated
(A) 95
(B) 92
(C) 97
(D) 99
397. In the State List, how many subjects are included
(A) 65
(B) 66
(C) 64
(D) 63
398. In the Concurrent list, how many subjects have been included
(A) 42
(B) 43
(C) 45
(D) 47
399. Constitutionally, how a law can be made out of the subject in the Concurrent List
(A) Union
(B) State
(C) Council of State
(D) A & B
400. Constitutionally, who has the power to make a law on the subject mentionable in the Union List
(A) Lok Sabha
(B) Parliament
(C) Rajya Sabha
(D) Legislative Council
1.(A)
2.(B)
3.(D)
4.(C)
5.(B)
6.(C)
7.(B)
8.
(D) 9.(B)
10.(A)
11.(D)
12.(A)
13.(D)
14.(C)
15.
(D)
16.(D) 17.(D)
18.(D)
19.(A)
20.(C)
21.(B)
22.
(C)
23.(B)
24.(D) 25.(B)
26.(C)
27.(D)
28.(A)
29.
(B)
30.(C)
31.(A)
32.(B) 33.(C)
34.(B)
35.(A)
36.
(B)
37.(A)
38.(C)
39.(C)
40.(A) 41.(B)
42.(C)
43.
(D)
44.(C)
45.(A)
46.(B)
47.(A)
48.(B) 49.(C)
50.
(A)
51.(C)
52.(D)
53.(B)
54.(C)
55.(A)
56.(A) 57.(D)
58.(C)
59.(A)
60.(B)
61.(C)
62.(A)
63.(D)
64.(B) 65.
(D)
66.(A)
67.(C)
68.(A)
69.(C)
70.(A)
71.(B)
72.(A)
73.(C)
74.(C)
75.(C)
76.(C)
77.(B)
78.(D)
79.(B)
80.
(A) 81.(C)
82.(A)
83.(B)
84.(D)
85.(B)
86.(A)
87.(C)
88.(C) 89.(A)
90.(D)
91.(C)
92.(A)
93.(B)
94.(C)
95.
(A)
96.(B) 97.(D)
98.(A)
99.(C)
100.(A)
101.(C)
102.
(A)
103.(B)
104.(D) 105.(B)
106.(D)
107.(A)
108.
(C)
109.(A)
110.(B)
111.(A)
112.(D) 113.(A)
114.
(B)
115.(C)
116.(C)
117.(B) 118.(C)
119.(A)
120.(C) 121.
(D)
122.(C)
123.(D)
124.(B)
125.(A)
126.(B)
127.
(A)
128.(C) 129.(A)
130.(D)
131.(A)
132.(B)
133.
(C)
134.(A)
135.(C) 136.(A) 137.(C)
138.(B)
139.(C)
140.
(D)
141.(A)
142.(C)
143.(B)
144.(D) 145.(D)
146.
(A)
147.(B)
148.(D)
149.(A)
150.(B)
151.(C)
152.(B) 153.
(D)
154.(A)
155.(B)
156.(C)
157.(A)
158.(C)
159.
(D)
160.(A)
161.(C)
162.(B)
163.(C)
164.(D)
165.(C)
166.(A)
167.(B) 168.(C)
169.(D)
170.(A)
171.(C)
172.(B)
173.(D)
174.(A )
175.
(B)
176.(D) 177.(C)
178.(A)
179.(C)
180.(A)
181.(C)
182.
(C)
183.(A)
184.(A) 185.(D)
186.(D)
187.(A)
188.(B)
189.(D)
190.(C)
191.(A)
192.(D) 193.(D)
194.(A)
195.
(B)
196.(C) 197.(A)
198.(C)
199.(B)
200.(C) 201.(D)
202.(C)
203.
(B)
204.(A)
205.(B)
206.(D)
207.(D)
208.(D) 209.(D)
210.(C)
211.(D)
212.(D)
213.(C)
214.(B)
215.(B)
216.(A) 217.(D)
218.
(D)
219.(C)
220.(A)
221.(B)
222.(A)
223.(D)
224.(D) 225.(D)
226.(B)
227.(A)
228.(C)
229.(C)
230.(C)
231.(B)
232.(A) 233.
(B)
234.(C)
235.(A)
236.(B)
237.(D)
238.(A)
239.(C)
240.(D)
241.(B)
242.(A)
243.(C)
244.(D)
245.(A)
246.(B)
247.(D)
248.(B) 249.(B)
250.(C)
251.(A)
252.(C)
253.(B)
254.
(D)
255.(A)
256.(C) 257.(B)
258.(C)
259.(C)
260.(D)
261.
(A)
262.(D)
263.(A)
264.(B) 265.(D)
266.(D)
267.
(D)
268.(A)
269.(B)
270.(C)
271.(A)
272.(C) 273.
(D)
274.(A)
275.(C)
276.(C)
277.(D)
278.(A)
279.
(D)
280.(D)
281.(C)
282.(B)
283.(B)
284.(C)
285.(B)
286.(A)
287.
(D)
288.(C) 289.(B)
290.(A)
291.(D)
292.(D)
293.
(D)
294.(C)
295.(D)
296.(C) 297.(B)
298.(A)
299.(C)
300.
(D)
301.(D)
302.(A)
303.(C)
304.(A) 305.(B)
306.(C)
307.(D)
308.(A)
309.(A)
310.(C)
311.(D)
312.(A) 313.(B)
314.(C)
315.
(D)
316.(A)
317.(D)
318.(C)
319.(D)
320.(B) 321.(C)
322.(D)
323.(C)
324.(A)
325.(D)
326.(C)
327.(D)
328.(A) 329.(B)
330.
(C)
331.(D)
332.(C)
333.(D)
334.(A)
335.(C)
336.(A) 337.(C)
338.(D)
339.(A)
340.(B)
341.(C)
342.(A)
343.(D)
344.(B) 345.
(D)
346.(B)
347.(C)
348.(D)
349.(A)
350.(B)
351.(C)
352.
(D) 353.(A)
354.(D)
355.(A)
356.(C)
357.(D)
358.(A)
359.(D)
360.(A) 361.(C)
362.(B)
363.(C)
364.(B)
365.(C)
366.
(C)
367.(D)
368.(A) 369.(C)
370.(A)
371.(D)
372.
(B)
373.(C)
374.(D)
375.(B)
376.(C) 377.(A)
378.(C)
379.(B)
380.(D)
381.(B)
382.(C)
383.(D)
384.(A) 385.(C)
386.
(A)
387.(D)
388.(A)
389.(B)
390.(D)
391.
(A)
392.(C) 393.(C)
394.(D)
395.(A)
396.(C)
397.(B)
398.(D)
399.(D)
400.(B)