30 Improvement Question - IC (3130007) - Sem-3 - 2022-23

New L J Institute of Engineering and Technology Semester: III (2023)
NEW L J INSTITUTE OF ENGINEERING & TECHNOLOGY,
BODAKDEV, AHMEDABAD
30 QUESTIONS FOR IMPROVEMENT TEST
B.E. SEMESTER-III [CSE/IT/CSE (AIML)]
SUBJECT: Indian Constitution (3130007)
SYLLABUS COVERED
Meaning of the constitution law and constitutionalism
Unit : 1
History of Indian Constitution
Unit : 2
Salient features and characteristics of the Constitution of India
Unit : 3
Fundamental rights
Unit : 4
Right to Equality under Article – 14
Unit : 5
Unit : 6 Right to certain Freedom under Article 19
Unit : 7 Scope of the Right to Life and Personal Liberty under Article 21
Unit : 8 Fundamental Duties and its legal status
Unit : 9 The Directive Principles of State Policy – Its importance and implementation
Unit : 10 Federal structure and distribution of legislative and financial powers between
the Union and the States
Unit : 11 Parliamentary Form of Government in India – The constitution powers and
status of the President of India
Unit : 12 Powers and Procedure for Amendments in Indian Constitution
Unit : 13 History of amendments in Indian Constitutional
Unit : 14 Emergency Provisions : National Emergency, President Rule, Financial

Emergency
Unit : 15 Local Self Government – Constitutional Scheme in India
Indian Constitution (3130007) 2023 Page| 1

UNIT – 1 MEANING OF THE CONSTITUTION LAW AND

CONSTITUTIONALISM
1 Give the difference Between Constitution and Constitutionalism?
Solution:
Aspects Constitution Constitutionalism

Definition Fundamental legal document Political-philosophy emphasizing
that establishes the framework the importance of limiting
and principles of a government. government power through a
constitution.
Focus Document that establish the Philosophical approach for
framework and structure of the emphasizing the importance of
government. constitutional principle.
Meaning Literal text of the written and Ideological and practical
unwritten constitution. commitment to constitutional
principle.
Purpose Provides legal and structural Ensures limited government power,
foundation for government and prevents abuse of power, and
organization. protects individual rights.
Scope Defines governmental Encompasses the broader ideals of
organization, powers, and adherence to the constitution and
functions. rule of law.
Enforcement Legal basis for government Moral and political framework that
actions and laws. guides the actions of government
and citizens.
Application Specific to a particular country Applicable to various countries and
or entity. entities advocating for rule of law
and accountability.
2 Define Constitution. Discuss types of Constitution?
Solution:
Definition of Constitution:
A constitution is a fundamental and supreme law of a nation or state that establishes the framework and
principles of government, defines the distribution of powers, and outlines the rights and duties of citizens.
It serves as the legal foundation for the governance and functioning of a country. Constitutions can be written
or unwritten, and they often embody the core values and aspirations of a society.

Types Constitution
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Written Unwritten
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Flexible Rigid
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Unitary Federal
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Presidential Parliamentary
Types of Constitution:
Written Constitution:
Definition: A constitution that is codified into a single, comprehensive document.
Characteristics:
All constitutional laws are consolidated into a single written document.
Prominent examples include the United States Constitution and the Constitution of India.
Unwritten Constitution:
Definition: A constitution that is not found in a single, written document but is instead based on statutes,
legal conventions, and historical documents.
Characteristics:
The constitution is derived from various sources, including legal precedents and traditions.
Common in countries with a strong legal tradition like the United Kingdom.
Flexible Constitution:
Definition: A constitution that can be easily amended or changed through a simple legislative process.
Characteristics:
Amendments can be made with relative ease and do not require a complex procedure.
Provides adaptability to changing circumstances.
Common in parliamentary systems like the United Kingdom.
Rigid Constitution:
Definition: A constitution that is difficult to amend and requires a more elaborate and formal process.
Characteristics:
Amendments often require a special majority or a distinct constitutional convention.
Offers stability but may be less adaptable to changing needs.
Examples include the United States Constitution.

Unitary Constitution:
Definition: A constitution where power is concentrated at the national level, and regional or local
governments derive authority from the central government.
Characteristics:
The central government has supreme authority, and regional governments derive power from it.
Common in centralized states like France.
Federal Constitution:
Definition: A constitution that divides powers between a central government and subnational entities (such
as states or provinces).
Characteristics:
Each level of government has specific powers and responsibilities.
Prominent examples include the United States and Canada.
Presidential Constitution:
Definition: A constitution where the head of state (president) is elected separately from the legislature and
serves a fixed term.
Characteristics:
The president is both the head of state and head of government.
Common in countries like the United States.
Parliamentary Constitution:
Definition: A constitution where the head of government (prime minister) is part of the legislative branch
and is accountable to the legislature.
Characteristics:
The executive branch is drawn from the legislative branch.
Common in parliamentary democracies like the United Kingdom.
UNIT – 2 HISTORYCAL PERSPECTIVES OF CONSTITUTION OF INDIA
3 Define Socialist, Secularist, Communist, Democratic and Sovereign.
Solution:
Socialist:
Definition: Socialism is an economic and political ideology advocating for collective or governmental
ownership and control of the means of production, distribution, and exchange. The goal is to reduce
economic inequality and promote social welfare.
Socialist
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Collective Governmental
Ownership Ownership
Secularist:
Definition: Secularism refers to the principle of separating religious institutions from the state or
governance. A secularist approach advocates for a government that is neutral in matters of religion, treating
all religions equally and not favouring any particular faith.

Secularist
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Separation Neutrality
of Religion in Governance
Communist:
Definition: Communism is a political and economic ideology that advocates for a classless and stateless
society where the means of production are collectively owned. In a communist system, there is no private
ownership, and resources are distributed based on needs.
Communist
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Classless Stateless
Society Ownership
Democratic:
Definition: Democracy is a system of government in which power is vested in the hands of the people,
either directly or through elected representatives. It emphasizes the protection of individual rights, political
participation, and the rule of law.
Democratic
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Direct Representative
Democracy Democracy
Sovereign:
Definition: Sovereignty refers to the supreme authority or power of a state to govern itself without
interference from external forces. A sovereign state has the ability to make laws, enforce them, and conduct
its affairs without being subject to external control.
Sovereign
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Supreme Self-Governing
Authority without External Control

4 Discuss the History of Indian Constitution?
Solution:
Historical Evolution of the Indian Constitution

There are various layers in the background of the Indian Constitution:
 Regulating Act 1773

 Pitt’s India Act 1784
 Charter Act of 1813
 Government of India Act 1858
 Indian Councils Act 1861
 India Councils Act 1892
 Morley-Minto Reforms 1909
 Montague-Chelmsford Reforms 1919
 Government of India Act 1935
 Indian Independence Act 1947
These acts were in some way instrumental for the development of the Indian Constitution.
 Regulating Act 1773: The regulating Act of 1773 was passed by the British Parliament to control the territories
of the East India Company majorly in Bengal. This act was passed due to the misgovernment by the British East
India government that introduced a situation of bankruptcy and the government had to interfere with the affairs
of the Company.
 Pitt’s India Act 1784: The Pitt’s India Act, 1784 also called the East India Company Act, 1784 was passed by the
British Parliament to correct the defects of the Regulating Act of 1773. This act resulted in dual control of British
possessions in India by the British government and the Company with the final authority resting with the
government.
 Charter Act of 1813: The Charter Act of 1813 passed by the British Parliament renewed the East India Company’s
charter for another 20 years. This is also called the East India Company Act, 1813. This act is important in that it
defined for the first time the constitutional position of British Indian territories.
 Charter Act of 1833: The Charter Act of 1833 was passed in the British Parliament which renewed the East India
Company’s charter for another 20 years. This was also called the Government of India Act 1833 or the Saint
Helena Act 1833.
 Charter Act of 1853: The Charter Act 1853 was passed in the British Parliament to renew the East India
Company’s charter. Unlike the previous charter acts of 1793, 1813 and 1833 which renewed the charter for 20
years; this act did not mention the time period for which the company charter was being renewed. This Act was
passed when Lord Dalhousie was the Governor-General of India.
 Government of India Act 1858: The Government of India Act 1858 was an Act of the British parliament that
transferred the government and territories of the East India Company to the British Crown. The company’s rule
over British territories in India came to an end and it was passed directly to the British government.
 Indian Councils Act 1861: Indians were given representation in the Viceroy’s Councils. 3 Indians entered the
Legislative Council. Provisions were made for the entry of Indians in the Viceroy’s Executive council also as non-
official members. Portfolio system was recognised. Decentralisation initiated with the presidencies of Madras and
Bombay being restored their legislative powers.

 India Councils Act 1892: Indirect elections (nominations) were introduced. Legislative Councils
expanded. Gave more functions to the legislative councils such as the discussion of budget and
questioning the executive.
 Morley-Minto Reforms 1909: Direct elections to the legislative councils were introduced for the first time. Central
Legislative Council became the Imperial Legislative Council. The number of members of the legislative council was
increased from 16 to 60. The concept of the separate communal electorate was accepted. For the first time, an Indian
was made a member of the Viceroy’s Executive Council. (Satyendra Prasad Sinha – Law Member).
 Montague-Chelmsford Reforms 1919: The Government of India Act 1919 was an act of the British Parliament
that sought to increase the participation of Indians in the administration of their country. The act was based on the
recommendations of a report by Edwin Montagu, the then Secretary of State for India, and Lord Chelmsford,
India’s Viceroy between 1916 and 1921. Hence the constitutional reforms set forth by this act are known
as Montagu-Chelmsford reforms or Montford reforms.
 Government of India Act 1935: The Government of India Act was passed by the British Parliament in August
1935. It was the longest act enacted by the British Parliament at that time. It was divided into two separate acts
namely, the Government of India Act 1935 and the Government of Burma Act 1935.
 Indian Independence Act 1947: India was declared independent and sovereign. The Viceroy and the Governors
were made constitutional (nominal) heads. Set up responsible governments at the centre and the provinces. Assigned
both legislative and executive powers to the Constituent Assembly of India.
UNIT - 3 SALIENT FEATURES AND CHARACTERISTICS OF

CONSTITUTION OF INDIA
6 List Salient Features and characteristics of The Constitution of India.
Solution:
The Constitution of India, adopted on January 26, 1950, is a comprehensive document that reflects the values,
principles, and aspirations of the diverse Indian society. Here are some salient features and characteristics of the
Constitution of India:
Preamble:
The Preamble outlines the ideals and objectives of the Constitution, including justice, liberty, equality, and fraternity.
Length and Detail:

One of the longest written constitutions globally, reflecting the complexity of India's diverse society and governance.
Federal Structure:
A federal structure with a strong central government, dividing powers between the Union (center) and the States.
Parliamentary System:
Adoption of the parliamentary system of government, with a President as the head of state and a Prime Minister as
the head of government.
Fundamental Rights:
Guarantees fundamental rights to all citizens, ensuring individual liberties and freedoms.
Directive Principles of State Policy:

Includes Directive Principles that guide the state in promoting social and economic justice.

Secularism:
Declares India as a secular state, ensuring freedom of religion and equal treatment of all religions.
Universal Adult Franchise:

Grants the right to vote to all adult citizens without any discrimination.
Independent Judiciary:
Establishes an independent judiciary to safeguard the rights and interpret the Constitution.
Rule of Law:
Emphasizes the supremacy of the constitution and the rule of law.
Single Citizenship:
Provides for a single citizenship for the entire country, as opposed to dual citizenship for states and the nation.
Caste-Based Reservations:
Incorporates provisions for affirmative action through reservations for Scheduled Castes (SC), Scheduled Tribes (ST),
and Other Backward Classes (OBC).
Emergency Provisions:
Includes provisions for declaring a state of emergency during war, external aggression, or armed rebellion.
Amendment Procedure:
Defines a detailed procedure for amending the constitution, balancing flexibility with the need for stability.
Local Self-Governance:
Recognizes the importance of local self-governance through Panchayats and Municipalities.
Official Languages:
Recognizes Hindi as the official language of the Union, with English as a subsidiary official language.
Protection of Minorities:
Ensures protection and promotion of the rights of minorities.
Integrated and Concurrent Lists:

Divides legislative powers into three lists - Union, State, and Concurrent - specifying the subjects on which each can
legislate.
Writs for Judicial Review:

Provides for the issuance of writs by the Supreme Court and High Courts for the enforcement of fundamental rights
and as a tool for judicial review.
UNIT - 4 SCHEME OF THE FUNDAMENTAL RIGHTS
7 Explain Article-32 - Right to Constitutional Remedies?
Solution:
Article 32 - Right to Constitutional Remedies:
Access to the Supreme Court:

Article 32 grants every citizen the right to move the Supreme Court for the enforcement of fundamental
rights. This right is guaranteed and cannot be suspended except as otherwise provided for by the Constitution
during a state of emergency.

Writ Jurisdiction:
 The Supreme Court has the power to issue writs for the enforcement of fundamental rights. Writs
include:
1. Habeas Corpus: A writ to protect personal liberty, directing the authorities to produce a person who
is unlawfully detained.
2. Mandamus: A writ issued to public officials or bodies to perform their duties.
3. Prohibition: A writ that prohibits lower courts or tribunals from exceeding their jurisdiction.
4. Certiorari: A writ used to quash the orders of inferior courts or tribunals if they exceed their
jurisdiction.
5. Quo Warranto: A writ used to inquire into the legality of a person holding a public office.
Enforcement of Fundamental Rights:

The primary purpose of Article 32 is to ensure that individuals can directly approach the Supreme Court to
seek remedies for the violation of their fundamental rights. This makes the Supreme Court the guardian of
fundamental rights.
Guarantee Against Infringement:

Article 32 acts as a guarantee against the infringement of fundamental rights, providing individuals with an
expeditious and effective remedy. It ensures that if there is a violation of fundamental rights, individuals can
directly approach the highest court for justice.
Expansive Nature:
The scope of Article 32 is broad, encompassing not only the enforcement of fundamental rights but also the
power to remedy any breach of a legal duty. This makes it a potent tool for individuals seeking justice against
any violation of their rights.
Suspension during Emergency:

The Constitution allows the suspension of the right to move the Supreme Court under Article 32 during a
state of emergency, except for matters related to the enforcement of rights conferred by Articles 20 and 21.
8 List the Features of Fundamental Rights?
Solution:
Guaranteed by the Constitution:

Fundamental Rights are explicitly guaranteed by the Constitution and are justiciable. Citizens can directly
approach the courts if there is a violation.
Enforceable by the Courts:

Individuals can seek remedies in the courts, especially the Supreme Court under Article 32, for the
enforcement of their Fundamental Rights.
Universal Applicability:
Fundamental Rights are available to all citizens, irrespective of caste, creed, religion, gender, or place of
birth.

Not Absolute:
While Fundamental Rights are guaranteed, they are not absolute. The Constitution allows for reasonable
restrictions in the interest of public order, morality, security, and the like.
Rights Against the State:

Fundamental Rights primarily protect citizens against the actions of the State. They serve as a check on
the potential abuse of power by the government.
Justiciable:
Individuals can directly move the courts to seek justice if they believe their Fundamental Rights have been
violated. This makes Fundamental Rights justiciable.
Equality Before the Law (Article 14):

Article 14 ensures equality before the law and equal protection of the laws. It prohibits discrimination on
grounds of religion, race, caste, sex, or place of birth.
Right to Freedom (Articles 19-22):

Articles 19 to 22 guarantee various aspects of the right to freedom, including freedom of speech and
expression, freedom of assembly, freedom to form associations or unions, freedom to move freely
throughout the territory of India, and freedom to reside and settle in any part of the country.
Right Against Exploitation (Articles 23-24):

Articles 23 and 24 prohibit trafficking in humans, forced labor, and employment of children in hazardous
occupations.
Right to Freedom of Religion (Articles 25-28):

Articles 25 to 28 provide for the freedom of conscience and free profession, practice, and propagation of
religion. They also ensure the right of minorities to establish and administer educational institutions.
Cultural and Educational Rights (Articles 29-30):

Articles 29 and 30 provide protection to the interests of minorities by granting them the right to conserve
their language, script, and culture. They also allow minorities to establish and administer educational
institutions.
Right to Constitutional Remedies (Article 32):

Article 32 is often referred to as the "heart and soul" of the Constitution. It allows individuals to directly
move the Supreme Court for the enforcement of Fundamental Rights through the issuance of writs.

 Flow chart of Features of Fundamental Rights:
Features of Fundamental Rights

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Guaranteed Enforceable by Courts Universal
by Constitution (Article 32) Applicability
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Not Absolute Justiciable Rights Against the State
| (Justiciable) (Primarily)
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Equality Before the Law (Article 14)
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Right to Freedom Right Against Exploitation Right to Freedom of Religion
(Articles 19-22) (Articles 23-24) (Articles 25-28)
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Freedom of Speech Right to Assemble and Form Right to Move Freely and
and Expression Associations/Unions (Article Reside) (Articles 19(1)(d) and
(Article 19(1)(a)) (19(1)(c)) 19(1)(e))
9 What are the writs that can be issued by the courts under the right to constitutional remedies?
Solution:
Under the right to constitutional remedies, Article 32 of the Indian Constitution empowers the Supreme
Court to issue writs for the enforcement of fundamental rights. These writs are powerful legal remedies that
can be sought by individuals when their fundamental rights are violated. The following are the five types of
writs that can be issued by the courts:
Habeas Corpus:
Meaning: "Habeas Corpus" translates to "you shall have the body."
Purpose: This writ is issued to protect the personal liberty of an individual. It orders the release of a person
who has been unlawfully detained or imprisoned.

Mandamus:
Meaning: "Mandamus" means "we command" in Latin.
Purpose: This writ is issued to public officials or bodies to perform their duties and fulfill their legal
obligations. It directs the authority to take specific actions.
Prohibition:
Meaning: "Prohibition" signifies a command to stop.
Purpose: This writ is issued to lower courts or tribunals to prevent them from exceeding their jurisdiction
or acting beyond their prescribed powers.
Certiorari:
Meaning: "Certiorari" means "to be certified" in Latin.
Purpose: This writ is issued to quash the orders of inferior courts or tribunals if they have acted beyond
their jurisdiction or have made an error of law.
Quo Warranto:
Meaning: "Quo Warranto" translates to "by what authority" in Latin.
Purpose: This writ is issued to inquire into the legality of a person holding a public office and to ensure that
the person is qualified to hold that office.
10 Summarize the effects of National emergency on fundamental rights.
Solution:
Suspension of Article 19:

The most notable impact is the suspension of certain fundamental rights under Article 19, which includes
the right to freedom of speech and expression, the right to assemble peacefully, the right to form associations
or unions, the right to move freely throughout the territory of India, and the right to reside and settle in any
part of the country.
Freedom of Movement:
The government has the power to restrict the movement of citizens and impose curfews or other restrictions
on their activities.
Article 21 Not Suspended:

While Article 19 is suspended, Article 21, which guarantees the right to life and personal liberty, cannot be
suspended even during a National Emergency. However, the scope of this right may be restricted to some
extent.
Effect on Enforcement of Fundamental Rights (Article 32):

The right to move the Supreme Court for the enforcement of fundamental rights under Article 32 is not
suspended during a National Emergency. However, the scope of the writs that can be issued by the Supreme
Court may be limited.
Effect on Judicial Review:

The power of judicial review is not entirely suspended, but the courts may show deference to the executive
actions taken during the emergency. The principle of non-arbitrariness and fairness is still applicable.

Extension of Executive Powers:

The President, under the advice of the Cabinet, gains significant powers to issue orders that can override
laws and constitutional provisions. This includes the power to suspend the right to move any court for the
enforcement of fundamental rights during the emergency.
Effect on Federal Structure:

The federal structure of the country may be altered, as the President can issue directions to the states
regarding the manner in which their executive powers are to be exercised.
Duration and Ratification:

The declaration of a National Emergency is initially for a period of six months. However, it can be extended
with the approval of the Parliament every six months. Additionally, the emergency proclamation must be
ratified by both houses of Parliament.
UNIT - 5 RIGHT TO EQUALITY UNDER ARTICLE – 14
11 Discuss Article 14 – fundamental right to equality?
Solution:
The types of equality are:
1. Natural
2. Social
3. Civil
4. Political
5. Economic
6. Legal
The right to equality is one of the important fundamental rights of the Indian Constitution that guarantees
equal rights for everyone, irrespective of religion, gender, caste, race or place of birth. It ensures equal
employment opportunities in the government and insures against discrimination by the State in matters of
employment on the basis of caste, religion, etc. This right also includes the abolition of titles as well as
untouchability.
Article Brief Discussion
Article - 14 The State shall not deny to any person equality before the law or the
equal protection of the laws within the territory of India, on grounds
of religion, race, caste, sex or place of birth
Equality before the law (Article 14)

Article 14 treats all people the same in the eyes of the law. This Article is described in two parts – which
states and commands the State not to deny to any person ‘equality before the law’. Another part of it also
commands the State not to deny the ‘equal protection of the laws’.
 This provision states that all citizens will be treated equally before the law and avoids any kind of discrimination.
 The law of the country protects everybody equally.
 Under the same circumstances, the law will treat people in the same manner.

12 Explain right to equality with the help of articles 14-18 of The Constitution of India.
Solution:
Article Brief Discussion
Article - 14 The State shall not deny to any person equality before the law or the equal protection of the laws
within the territory of India, on grounds of religion, race, caste, sex or place of birth
Article - 15 The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, and
place of birth or any of them.
Article - 16 There shall be equality of opportunity for all citizens in matters relating to employment
or appointment to any office under the State.
Article - 17 Abolition of untouchability
Article - 18 Abolition of all titles except military and academic
Equality before the law (Article 14)
Article 14 treats all people the same in the eyes of the law. This Article is described in two parts – wich
states and commands the State not to deny to any person ‘equality before the law’. Another part of it also
commands the State not to deny the ‘equal protection of the laws’.
 This provision states that all citizens will be treated equally before the law and avoids any kind of
discrimination.
 The law of the country protects everybody equally.
 Under the same circumstances, the law will treat people in the same manner.
Prohibition of discrimination (Article 15)
This article prohibits discrimination in any manner. This article secures the citizens from every sort of
discrimination by the State, on the grounds of religion, race, caste, sex or place of birth or of them.
 No citizen shall, on grounds only of race, religion, caste, place of birth, sex or any of them, be subject
to any liability, disability, restriction or condition with respect to:
 Access to public places
 Use of tanks, wells, ghats, etc. that are maintained by the State or that are meant for the
general public
 The article also mentions that special provisions can be made for women, children and the backward
classes notwithstanding this article.

Equality of opportunity in matters of public employment (Article 16)
Article 16 provides equal employment opportunities in State service for all citizens.
 No citizen shall be discriminated against in matters of public employment or appointment on the

grounds of race, religion, caste, sex, place of birth, descent or residence.
 Exceptions to this can be made for providing special provisions for the backward classes.
Abolition of untouchability (Article 17)
Article 17 prohibits the practice of untouchability.
 Untouchability is abolished in all forms.

 Any disability arising out of untouchability is made an offence.
Abolition of titles (Article 18)
Article 18 abolishes titles.
 The State shall not confer any titles except those which are academic or military titles.
 The article also prohibits citizens of India from accepting any titles from a foreign State.
 The article abolishes the titles that were awarded by the British Empire such as Rai Bahadur, Khan
Bahadur, etc.
 Awards like Padma Shri, Padma Bhushan, Padma Vibhushan, Bharat Ratna and military honours
like Ashok Chakra, Param Vir Chakra do not belong to this category.
UNIT - 6 RIGHT TO CERTAIN FREEDOM UNDER ARTICLE 19

13 Explain Freedom of Speech and Freedom of Assembly?
Solution:
 Freedom of Speech:
Definition:
Freedom of speech is a fundamental right that allows individuals the liberty to express their thoughts,
opinions, ideas, and information without censorship or restraint from the government.
Constitutional Basis (Article 19(1)(a)):

In the Indian context, the right to freedom of speech is enshrined in Article 19(1)(a) of the Constitution,
which guarantees citizens the right to freedom of speech and expression.
Scope of Protection:
This right extends to various forms of expression, including spoken and written words, the press, visual
media, artistic expression, and other modes of communication.

Reasonable Restrictions (Article 19(2)):

While the Constitution guarantees freedom of speech, it also allows for reasonable restrictions to be
imposed by the State in the interest of sovereignty and integrity of India, the security of the State, friendly
relations with foreign states, public order, decency, or morality, or in relation to contempt of court,
defamation, or incitement to an offense.
Role in Democracy:
Freedom of speech is considered essential for the functioning of a democratic society. It enables citizens to
express their views, participate in public discourse, criticize the government, and contribute to the
exchange of ideas.
Judicial Safeguards:
The judiciary plays a crucial role in safeguarding the right to freedom of speech. Courts often intervene to
protect individuals against censorship, restrictions, or actions that curtail their right to express themselves.
 Freedom of Assembly:
Definition:
Freedom of assembly is the right to gather, associate, and peacefully assemble with others for a common
purpose, expressing shared ideas, opinions, or concerns.
Constitutional Basis (Article 19(1)(b)):

In the Indian Constitution, the right to freedom of assembly is guaranteed under Article 19(1)(b), which
provides citizens the right to assemble peacefully and without arms.
Scope of Protection:
This right includes the freedom to organize and participate in public meetings, processions, and
demonstrations, subject to reasonable restrictions imposed in the interest of public order or the sovereignty
and integrity of India.
Peaceful Assembly:
The right emphasizes the peaceful nature of assembly. While citizens have the right to gather, it should be
done without resorting to violence or creating public disorder.
Reasonable Restrictions (Article 19(3)):

Similar to freedom of speech, freedom of assembly is subject to reasonable restrictions imposed by the
State in the interest of public order or the sovereignty and integrity of India.
Role in Democratic Process:

Freedom of assembly is integral to the democratic process. It allows citizens to express collective
grievances, engage in political activism, and participate in social and political movements.
Judicial Safeguards:
The judiciary plays a critical role in safeguarding the right to freedom of assembly. Courts often adjudicate
cases where the right to assemble peacefully is challenged, ensuring that any restrictions imposed are
reasonable and necessary.

14 Discuss Article 19 – fundamental right to retain freedom?
Solution:
Article 19 - Freedom of Speech and Expression (Clause 1(a)):
Meaning: This clause guarantees citizens the right to freedom of speech and expression, allowing them to
express their thoughts, opinions, and ideas through various mediums.
Scope: It covers spoken and written words, the press, visual and artistic expressions, and other forms of
communication.
Reasonable Restrictions: While the right is fundamental, it is subject to reasonable restrictions in the
interest of sovereignty and integrity of India, the security of the State, friendly relations with foreign states,
public order, decency, or morality, or in relation to contempt of court, defamation, or incitement to an
offense.
Article 19 - Freedom to Assemble Peacefully and Without Arms (Clause 1(b)):
Meaning: This clause grants citizens the right to assemble peacefully and without arms, allowing them to
gather for various purposes, including protests, meetings, and demonstrations.
Reasonable Restrictions: The right is subject to reasonable restrictions in the interest of public order or the
sovereignty and integrity of India.
Article 19 - Freedom to Form Associations or Unions (Clause 1(c)):
Meaning: Citizens have the right to form associations or unions, enabling them to collectively organize for
common purposes.
Reasonable Restrictions: Similar to other freedoms, reasonable restrictions can be imposed in the interest
of public order or the sovereignty and integrity of India.
Article 19 - Freedom to Move Freely Throughout the Territory of India (Clause 1(d)):
Meaning: This clause ensures that citizens have the right to move freely within the country.
Reasonable Restrictions: Restrictions may be imposed in the interest of the general public or for the
protection of the interests of any Scheduled Tribe.
Article 19 - Freedom to Reside and Settle in Any Part of the Territory of India (Clause 1(e)):
Meaning: Citizens have the right to reside and settle in any part of the country.
Reasonable Restrictions: Restrictions can be imposed for reasons related to public order, the security of
the State, or the protection of tribal areas.
Article 19 - Freedom to Practice Any Profession, or to Carry on Any Occupation, Trade or Business
(Clause 1(g)):
Meaning: This clause grants citizens the right to choose and pursue any profession, occupation, trade, or
business.
Reasonable Restrictions: Restrictions may be imposed in the interest of the general public or for protecting
the interests of any scheduled tribe.

Important Points:
1. These freedoms are not absolute and are subject to reasonable restrictions for specific reasons
mentioned in the Constitution.
2. The objective is to strike a balance between individual liberties and the broader interests of public
order, national security, and the protection of marginalized communities.
15 What is your observation on Right to freedom of religion in our country today?
Solution:
 Flow Chart on Right to freedom of religion in our country today:

+----------------------------+
Right to Freedom of Religion
+----------------------------+
|
+-------------------+
Constitutional
Guarantee (Articles
25-28)
+-------------------+
|
+-------------------+
Religious Diversity
and Coexistence
+-------------------+
|
+-------------------+
Challenges and
Concerns
+-------------------+
|
+-------------------+
Judicial Safeguards
+-------------------+
|
+-------------------+
Government Policies
+-------------------+
|
+-------------------+
Social Harmony
+-------------------+
|
+-------------------+
Ongoing Debates
+-------------------+
|
+-------------------+
Types of Challenges
(e.g., Discrimination,
Communal Tensions)
+-------------------+

Types of Challenges:
1. Discrimination based on religion.

2. Communal tensions and conflicts.
3. Controversial legal matters.
4. Balancing religious freedom with other societal interests.
5. Government policies influencing religious practices.
UNIT - 7 SCOPE OF THE RIGHT TO LIFE AND PERSONAL LIBERTY

UNDER ARTICLE 21
16 Identify the scope of the right to Life and personal liberty under article 21.
Solution:
The scope of the right to life and personal liberty under Article 21 encompasses various aspects, including:
Right to Privacy: The right to privacy is considered integral to the right to life and personal liberty. The
Supreme Court has recognized the right to privacy as a fundamental right flowing from Article 21.
Right to Livelihood: The right to livelihood is seen as a part of the right to life. It includes the right to work
and pursue a vocation or occupation of one's choice.
Right to Shelter: The right to shelter is considered essential for a dignified life. Lack of shelter may violate
the right to life under Article 21.
Right to Health: The right to health and medical care is seen as part of the right to life. The state is expected
to ensure access to healthcare facilities for its citizens.
Right to Clean Environment: The Supreme Court has interpreted the right to life to include the right to a
clean and healthy environment. Environmental degradation that adversely affects life can be challenged
under Article 21.
Right Against Torture and Inhuman Treatment: The right to be free from torture or cruel, inhuman, or
degrading treatment is considered part of the right to life and personal liberty.
Right to Education: The right to education has been linked to the right to life, ensuring that individuals
have the opportunity to develop fully.
Right Against Solitary Confinement: Solitary confinement, if inhuman or degrading, can violate the right
to life and personal liberty.

 Flow Chart of the right to Life and personal liberty under article 21:
+-----------------------------------------+
Article 21 - Right to Life
and Personal Liberty
+-----------------------------------------+
|
V
+--------------------------+
Right to Privacy
+--------------------------+
|
V
+--------------------------+
Right to Livelihood
+--------------------------+
|
V
+--------------------------+
Right to Shelter
+--------------------------+
|
V
+--------------------------+
Right to Health
+--------------------------+
|
V
+--------------------------+
Right to Clean Environment
+--------------------------+
|
V
+--------------------------+
Right Against Torture
and Inhuman Treatment
+--------------------------+
|
V
+--------------------------+
Right to Education
+--------------------------+
|
V
+--------------------------+
Right Against Solitary
Confinement
+--------------------------+

UNIT - 8 FUNDAMENTAL DUTIES AND ITS LEGAL STATUS

17 How many fundamental duties are incorporated in the Constitution of India explain them in detail.
Solution:
 Flow Chart fundamental duties are incorporated in the Constitution of India:

+------------------------------------------------+
Fundamental Duties
+------------------------------------------------+
|
V
+-----------------------------------+
1. Abide by the Constitution
and respect its ideals
and institutions (51-A a)
+-----------------------------------+
|
V
+----------------------------------+
2. Cherish and follow the noble
ideals that inspired the
national struggle for freedom
(51-A b)
+----------------------------------+
|
V
+--------------------------------------+
3. Uphold and protect the sovereignty,
unity, and integrity of India
(51-A c)
+--------------------------------------+
|
V
+-------------------------------------------+
4. Defend the country and render national
service when called upon to do so
(51-A d)
+-------------------------------------------+
|
V
+------------------------------------------------+
5. Promote harmony and the spirit of common
brotherhood among all people of India
(51-A e)
+------------------------------------------------+
|
V
+---------------------------------------------------+
6. Renounce practices derogatory to the dignity
of women (51-A f)
+---------------------------------------------------+
|
V
+----------------------------------------------------+
7. Value and preserve the rich heritage of the
country's composite culture (51-A g)
+----------------------------------------------------+

|
V
+-----------------------------------------------------+
8. Protect and improve the natural environment,
including forests, lakes, rivers, and wildlife,
and have compassion for living creatures
(51-A h)
+-----------------------------------------------------+
|
V
+-----------------------------------------------------+
9. Develop scientific temper, humanism, and the
spirit of inquiry and reform (51-A i)
+-----------------------------------------------------+
|
V
+-------------------------------------------------------+
10. Safeguard public property and abjure violence
(51-A j)
+-------------------------------------------------------+
|
V
+-------------------------------------------------------+
11. Strive towards excellence in all spheres of
individual and collective activity (51-A k)
+-------------------------------------------------------+
Fundamental Duties along with a brief explanation:
To abide by the Constitution and respect its ideals and institutions (Article 51-A a):
Citizens are required to respect the Constitution, its ideals, and the institutions set up by it. This includes adherence
to the principles of democracy, rule of law, and the ideals enshrined in the Preamble.
To cherish and follow the noble ideals that inspired the national struggle for freedom (Article 51-A b):
This duty emphasizes the importance of remembering and adhering to the principles and values that guided the
freedom struggle.
To uphold and protect the sovereignty, unity, and integrity of India (Article 51-A c):
Citizens are obligated to defend the country against any threat to its unity, integrity, and sovereignty.
To defend the country and render national service when called upon to do so (Article 51-A d):
This duty requires citizens to serve in the defence forces of the country when necessary.
To promote harmony and the spirit of common brotherhood among all the people of India transcending
religious, linguistic, and regional or sectional diversities (Article 51-A e):
Citizens are expected to work towards fostering a sense of unity and brotherhood among the diverse population of
India.
To renounce practices derogatory to the dignity of women (Article 51-A f):

This duty emphasizes the need to reject practices that demean or harm the dignity of women.
To value and preserve the rich heritage of the country's composite culture (Article 51-A g):
Citizens are encouraged to appreciate and preserve the diverse cultural heritage of India.

To protect and improve the natural environment including forests, lakes, rivers, and wildlife, and to have
compassion for living creatures (Article 51-A h):
This duty underscores the importance of environmental conservation and promoting compassion towards all living
beings.
To develop scientific temper, humanism, and the spirit of inquiry and reform (Article 51-A i):
Citizens are expected to cultivate a scientific temper, humanism, and a spirit of inquiry and reform for the
betterment of society.
To safeguard public property and to abjure violence (Article 51-A j):

Citizens are required to protect public property and renounce violence in pursuit of their objectives.
To strive towards excellence in all spheres of individual and collective activity so that the nation constantly
rises to higher levels of endeavour and achievement (Article 51-A k):
This duty encourages individuals to strive for excellence in all areas, contributing to the overall progress of the
nation.
18 What are social responsibilities as an Indian Citizen as per the Fundamental Duties present in Part IV of Indian
Constitution.
Solution:
 Flow Chart of social responsibilities as an Indian Citizen as per the Fundamental

Duties present in Part IV of Indian Constitution:
+------------------------------------------------+
Social Responsibilities as an
Indian Citizen (51-A)
+------------------------------------------------+
|
V
+-----------------------------------+
Promote Harmony and Brotherhood
(51-A e)
+-----------------------------------+
|
V
+----------------------------------+
Renounce Practices Derogatory to
the Dignity of Women (51-A f)
+----------------------------------+
|
V
+--------------------------------------+
Value and Preserve the Rich Heritage
of the Country's Composite Culture
(51-A g)
+--------------------------------------+
|
V
+-------------------------------------------+
Protect and Improve the Natural Environment
(51-A h)
+-------------------------------------------+

|
V
+------------------------------------------------+
Develop Scientific Temper, Humanism, and the
Spirit of Inquiry and Reform (51-A i)
+------------------------------------------------+
|
V
+---------------------------------------------------+
Safeguard Public Property and Abjure Violence
(51-A j)
+---------------------------------------------------+
|
V
+-------------------------------------------------------+
Strive Towards Excellence in all Spheres of Individual
and Collective Activity (51-A k)
+-------------------------------------------------------+
The social responsibilities embedded in the Fundamental Duties:
Promoting Harmony and Brotherhood (Article 51-A e):

As an Indian citizen, you have a social responsibility to promote harmony and the spirit of common brotherhood
among all the people of India. This involves working towards understanding, tolerance, and unity among the diverse
cultural, linguistic, and religious groups in the country.
Renouncing Practices Derogatory to the Dignity of Women (Article 51-A f):

A significant social responsibility is to renounce practices that are derogatory to the dignity of women. This includes
actively working against discrimination, violence, and other harmful practices that undermine the status and well-
being of women in society.
Valuing and Preserving the Rich Heritage of the Country's Composite Culture (Article 51-A g):
Citizens are entrusted with the responsibility of valuing and preserving the rich heritage of India's composite culture.
This involves respecting and appreciating the diversity of cultures, traditions, and customs that coexist in the
country.
Protecting and Improving the Natural Environment (Article 51-A h):

Contributing to environmental conservation is a social responsibility. This duty includes protecting and improving
the natural environment, including forests, lakes, rivers, and wildlife. It also involves having compassion for living
creatures, advocating for sustainable practices, and being mindful of ecological balance.
Developing Scientific Temper, Humanism, and the Spirit of Inquiry and Reform (Article 51-A i):
Citizens are expected to contribute to the social progress by developing a scientific temper, promoting humanism,
and encouraging the spirit of inquiry and reform. This involves supporting scientific advancements, fostering an
open-minded approach, and participating in constructive social reforms.
Safeguarding Public Property and Abjuring Violence (Article 51-A j):

A crucial social responsibility is to safeguard public property and renounce violence. This includes respecting public
spaces, infrastructure, and assets, as well as actively opposing any form of violence that can disrupt social harmony.
Striving Towards Excellence in all Spheres of Individual and Collective Activity (Article 51-A k):
Contributing to the nation's progress involves striving towards excellence in all spheres of individual and collective
activity. This social responsibility encourages citizens to pursue personal and professional endeavours with
dedication and a commitment to excellence.

UNIT - 9 THE DIRECTIVE PRINCIPLES OF STATE POLICY – ITS

IMPORTANCE AND IMPLEMENTATION
19 Explain features of Directive Principles of State Policy (DPSP)?
Solution:
 Flow Chart of Directive Principles of State Policy (DPSP):

+---------------------------------------------+
Features of DPSP in the Indian
Constitution
+---------------------------------------------+
|
V
+-----------------------------------+
Non-Justiciability
+-----------------------------------+
|
V
+----------------------------------+
Socialistic Principles
+----------------------------------+
|
V
+--------------------------------------+
Welfare of the People
+--------------------------------------+
|
V
+-------------------------------------------+
Instrument of Instruction
+-------------------------------------------+
|
V
+------------------------------------------------+
Conciliation of Conflicting Interests
+------------------------------------------------+
|
V
+---------------------------------------------------+
Ethical and Moral Principles
+---------------------------------------------------+
|
V
+-------------------------------------------------------+
International Principles
+-------------------------------------------------------+
|
V
+-------------------------------------------------------+
Implementation over Time
+-------------------------------------------------------+
|
V

+-------------------------------------------------------+
Flexible Nature
+-------------------------------------------------------+
|
V
+-------------------------------------------------------+
Separation from Fundamental Rights
+-------------------------------------------------------+
|
V
+-------------------------------------------------------+
Integral Part of the Constitution
+-------------------------------------------------------+
 Features of Directive Principles of State Policy (DPSP):
Non-Justiciability:
DPSPs are non-justiciable, meaning citizens cannot approach the courts for their enforcement. Unlike Fundamental
Rights, violation of DPSPs does not give rise to a legal remedy.
Socialistic Principles:
Many DPSPs embody socialistic ideals and call for the establishment of a welfare state. They emphasize the need to
reduce inequalities in income, wealth, and opportunities.
Welfare of the People:

The primary objective of DPSPs is to secure and protect the welfare of the people. They guide the government in
promoting social and economic justice, ensuring a decent standard of living, and improving the quality of life for all
citizens.
Instrument of Instruction:
DPSPs act as a guide or instrument of instruction to the government. While not legally enforceable, they provide a
framework for policy formulation and legislative action.
Conciliation of Conflicting Interests:

DPSPs attempt to reconcile conflicting interests between individuals and society. They aim to strike a balance
between individual liberties and the collective good of society.
Ethical and Moral Principles:

Some DPSPs emphasize ethical and moral values, promoting justice, liberty, equality, and fraternity. They provide a
moral compass for governance.
International Principles:
DPSPs draw inspiration from international principles and practices. For example, they reflect ideas from the
Universal Declaration of Human Rights and other international instruments.
Implementation over Time:

The framers of the Constitution envisioned that the DPSPs would guide state policies over time. While immediate
implementation may not be possible, the government is expected to work towards achieving these principles
gradually.
Flexible Nature:
DPSPs are flexible and subject to changing socio-economic conditions. They can be adapted to meet evolving
challenges and needs of the society.

Separation from Fundamental Rights:

DPSPs are distinct from Fundamental Rights. While Fundamental Rights are justiciable and protect individual
liberties, DPSPs focus on the collective well-being and development of society.
Integral Part of the Constitution:

DPSPs are an integral part of the Indian Constitution. Although non-justiciable, they reflect the constitutional
commitment to achieving a just and equitable society.
UNIT - 10 FEDERAL STRUCTURE AND DISTRIBUTION OF
LEGISLATIVE AND FINANCIAL POWERS BETWEEN THE UNION AND
THE STATES
20 What are the key features of Federal Government explain them in detail.
Solution:
 Flow Chart of Federal Government:

+----------------------------------------------------+
Federal Features in the Indian Constitution
+----------------------------------------------------+
|
V
+-------------------------------------------+
| Division of Powers: |
Three Lists - Union, State, and Concurrent
+-------------------------------------------+
|
V
+-------------------------------------------+
Supremacy of the Constitution |
Both Union and States operate within the constitutional framework
+-------------------------------------------+
|
V
+-------------------------------------------+
Independent Jurisdiction: |
Judiciary interprets the Constitution and resolves disputes
+-------------------------------------------+
|
V
+-------------------------------------------+
| Bicameral Legislature:
Lok Sabha, Rajya Sabha, Legislative Assembly, and Legislative Council
+-------------------------------------------+
|
V
+-------------------------------------------+
Governors:
Represent the President at the State level, contributing to federal balance
+-------------------------------------------+
|
V

+-------------------------------------------+
Emergency Provisions:
President's Rule during emergencies allows Union intervention in States
+-------------------------------------------+
|
V
+-------------------------------------------+
Residuary Powers:
Union holds powers not explicitly assigned to Union or States
+-------------------------------------------+
|
V
+-------------------------------------------+
Single Citizenship:
Citizens have equal rights across States
+-------------------------------------------+
Division of Powers: The Indian Constitution clearly delineates the powers and responsibilities of the Union
(central) government and the State governments in the Seventh Schedule. It lists three types of lists -the Union
List, the State List, and the Concurrent List - which specify the subjects on which each level of government can
make laws.
Supremacy of the Constitution: The Indian Constitution is supreme and provides the framework for both the
Union and the States. Both levels of government must operate within the constitutional framework.
Independent Jurisdiction: The Indian judiciary, particularly the Supreme Court, is responsible for
interpreting the Constitution and ensuring that the division of powers is maintained. It can adjudicate disputes
between the Union and the States and between States themselves.
Bicameral Legislature: At both the Union and State levels, there is a bicameral legislature consisting of two
houses (Lok Sabha and Rajya Sabha at the Union level, and Legislative Assembly and Legislative Council in
some States). This division of the legislature reflects the federal structure.
Governors: Each State has a Governor who represents the President of India at the State level. While the
Governor's powers are limited compared to the President, this office plays a role in maintaining federal
balance.
Emergency Provisions: The Constitution includes provisions for the declaration of three types of
emergencies, including President's Rule in a State. These provisions temporarily allow the Union government
to take over the administration of a State in specific circumstances.
Residuary Powers: The residuary powers, which are not explicitly assigned to either the Union or the States,
are vested in the Union government. This gives the Union a broader authority when it comes to matters not
specifically mentioned in the lists.
Single Citizenship: Unlike some federal systems, India has single citizenship for the entire country. However,
this doesn't diminish the federal nature but rather ensures that citizens have equal rights and mobility across
States.

21 Explain legislative, judiciary and executive in Indian Constitution.
Solution:
 Flow Chart of legislative, judiciary and executive in Indian Constitution:

1.
+--------------------------------------+
Indian Constitution
Separation of Powers:
Legislative, Executive, Judiciary
+--------------------------------------+
|
V
+-----------------------------------------+
Legislative
+-----------------------------------------+
|
V
+------------------------+ +------------------------+
Parliament State Legislature
+-----------------+ +-----------------+
Lok Sabha Legislative
(House of People) Assembly
+-----------------+ +-----------------+
+-----------------+
Rajya Sabha
(Council of
States)
+-----------------+
+------------------------+ +------------------------+
2.
+-----------------------------------------+
Executive
+-----------------------------------------+
|
V
+------------------------+
President
+-----------------+
Prime Minister
and Council of
Ministers
+-----------------+
+-----------------+
Governors
(at State level)
+-----------------+
+------------------------+

3.
+-----------------------------------------+
Judiciary
+-----------------------------------------+
|
V
+------------------------+
Supreme Court
+-----------------+
High Courts
(at State level)
+-----------------+
+-----------------+
Subordinate
Courts
+-----------------+
+------------------------+
Legislative:
 Composition: The legislative branch is responsible for making laws. It consists of the Parliament at the central
level and the State Legislatures at the state level.
 Parliament: At the central level, Parliament is bicameral and consists of two houses: the Lok Sabha (House of
the People) and the Rajya Sabha (Council of States).
 State Legislature: At the state level, the legislature can be unicameral or bicameral, depending on the size and
needs of the state. It consists of the Legislative Assembly and, in some states, the Legislative Council.
 Functions: The primary function of the legislative branch is to enact laws, approve budgets, and represent the
interests of the people. It also plays a crucial role in the oversight of the executive through debates, discussions,
and questioning.
Executive:
 Composition: The executive branch is headed by the President at the central level and the Governor at the state
level. The President is the ceremonial head of the country, while the real executive power is exercised by the
Prime Minister and the Council of Ministers at the central level and the Chief Minister and the Council of
Ministers at the state level.
 Functions: The executive branch is responsible for implementing and enforcing laws. It formulates policies,
administers government agencies, and manages day-to-day governance. The President, as the head of state,
performs ceremonial duties and has certain discretionary powers.
Judiciary:
 Composition: The judiciary is independent of the legislative and executive branches. At the top is the Supreme
Court of India, followed by High Courts at the state level and subordinate courts.
 Functions: The judiciary's main role is to interpret the Constitution and laws, ensure justice, and safeguard the
rights and liberties of citizens. It has the power of judicial review, allowing it to review the actions of the
legislative and executive branches to ensure they conform to constitutional principles.
 Independence: The judiciary is intended to be independent to ensure impartiality and fairness. Judges are
appointed based on merit and have security of tenure.

UNIT - 11 PARLIAMENTARY FORM OF GOVERNMENT IN INDIA – THE

CONSTITUTION POWERS AND STATUS OF THE PRESIDENT OF INDIA
22 How is the President of India elected? What are the special powers given to him?
Solution:
1. Flow Chart of how a President of India elected:
+---------------------------------------------------------+
Election of the President
+---------------------------------------------------------+
|
V
+--------------------------------------------+
Members of the Electoral College (Elected
Members of Lok Sabha, Rajya Sabha, and
State Legislative Assemblies)
+--------------------------------------------+
|
V
+--------------------------------------------+
Casting Votes with Preference Indication
+--------------------------------------------+
|
V
+--------------------------------------------+
Counting and Transfer of Votes based on
Proportional Representation
+--------------------------------------------+
|
V
+--------------------------------------------+
Candidate with Required Quota of Votes
Declared Elected as President
+--------------------------------------------+
The President of India is elected by an electoral college, which consists of the elected members of both Houses of
Parliament (Lok Sabha and Rajya Sabha) and the elected members of the Legislative Assemblies of States and Union
Territories. The election process follows the system of proportional representation by means of a single transferable
vote. Here's a brief overview of the process:
Election Process:
 The President is elected by an electoral college, as mentioned above.

 Each elector in the Electoral College casts a vote indicating their preference for the candidates.
 The value of each vote is determined by a formula based on the population of the State or Union Territory
represented by the elector.
Qualifications for President:
1. Must be a citizen of India.

2. Must have completed 35 years of age.
3. Must be eligible for election as a member of the Lok Sabha.
4. Must not hold any office of profit under the Government of India, any state, or any local authority, except for
the office of President or Vice President.

2. Flow Chart Special Powers given to the President:
+------------------------------------------------------------+
Special Powers of the President
+------------------------------------------------------------+
|
V
+-------------------------------------------------+
Executive Powers (Ceremonial Head, Supreme
Commander of Armed Forces, Appointment of PM
and Key Officials)
+-------------------------------------------------+
|
V
+--------------------------------------------------+
Legislative Powers (Summoning Parliament,
Dissolution of Lok Sabha, Assent to Bills, etc.)
+--------------------------------------------------+
|
V
+------------------------------------------------+
Financial Powers (Presenting Annual Budget,
Authorizing Withdrawal from Contingency Fund)
+------------------------------------------------+
|
V
+--------------------------------------------------+
Diplomatic Powers (Representation in
International Matters, Accreditation of
Diplomats)
+--------------------------------------------------+
|
V
+--------------------------------------------------+
Emergency Powers (Declaration of State of
Emergency, Assumption of Extraordinary Powers)
+--------------------------------------------------+
|
V
+-------------------------------------------------+
Pardon Powers (Granting Pardons, Reprieves,
Commutations, and Suspensions of Sentences)
+-------------------------------------------------+
Special Powers of the President:
1. Executive Powers:
The President is the ceremonial head of the state and the supreme commander of the Indian Armed Forces.
Appoints the Prime Minister, who is usually the leader of the majority party in the Lok Sabha.
Appoints other key officials such as the Attorney General, Comptroller and Auditor General, and the Chief Election
Commissioner.
2. Legislative Powers:
The President summons and prorogues sessions of Parliament and dissolves the Lok Sabha.
Gives assent to bills passed by Parliament, turning them into law. However, some bills require the President's
mandatory approval (money bills, constitutional amendments).

3. Financial Powers:
Presents the annual budget to Parliament.
Can authorize the withdrawal of money from the Contingency Fund of India in case of an emergency.
4. Diplomatic Powers:
Represents India in international matters.
Accredits diplomats and receives foreign ambassadors.
5. Emergency Powers:
Can declare a state of emergency in the country in case of a threat to the security of India due to war, external
aggression, or armed rebellion.
During a state of emergency, the President can assume extraordinary powers, including the suspension of certain
fundamental rights.
6. Pardon Powers:
Has the power to grant pardons, reprieves, respites, or remissions of punishment or to suspend, remit or commute the
sentence of any person convicted of any offense.
23 Differentiate between Parliamentary and Presidential Government?
Solution:
Feature Parliamentary Government Presidential Government

Head of State Head of State and Head of Government The President is both the Head of State
and may be separate (e.g., President is the Head and the Head of Government.
Government of State, Prime Minister is the Head of
Government).
Head of State The Head of Government (Prime Minister) The President is elected independently of
and is typically the leader of the majority party the legislature, often through a direct
Government in the legislature. public vote.
Legislative and Executive is drawn from and accountable Executive and legislative branches are
Executive to the legislature (Parliament). separate and operate independently of
Branches each other.
Cabinet The Cabinet is composed of members of The Cabinet is separate from the
the legislature, and the Prime Minister is legislature, and its members are
the head of the Cabinet. appointed by the President.
Term of Office The Prime Minister's term depends on the The President and the legislature have
confidence of the majority in the fixed, often independent, terms of office.
legislature.
Vote of No- A vote of no-confidence can lead to the A vote of no-confidence does not
Confidence resignation of the Prime Minister and the typically result in the removal of the
dissolution of the government. President; executive and legislative
branches are distinct.
Flexibility Greater flexibility in changing the Fixed terms and less flexibility to change
executive (Prime Minister) in response to the executive outside regular elections.
changing circumstances.
Separation of Executive and legislative branches are Strong separation of powers between the
Powers interconnected, blurring the lines between executive (President) and the legislature.
them.
Checks and Limited checks and balances, as the Robust system of checks and balances, as
Balances executive and legislative branches are the executive and legislative branches are
intertwined. independent.

24 Identify the difference between Lok Sabha and Rajya Sabha.
Solution:
Feature Lok Sabha Rajya Sabha

Composition Elected directly by the people of Members elected by State
India. Legislative Assemblies, Union
Territories, and Electoral College.
Representation Represents the people of India. Represents the states and union
territories.
Term of Office Five years, subject to dissolution. Six years, with one-third retiring
every two years. Permanent body
not subject to dissolution.
Method of Election Directly elected by the public. Indirectly elected by elected
members of State Legislative
Assemblies and Union Territories.
Powers and Primary legislative power, Acts as a revising chamber,
Functions formation of government, passing suggests amendments to bills, has
money bills. special powers in certain matters.
Representation of Represents the people of India as a Represents states and union
States whole. territories, ensuring balanced
representation.
Control over Has the power to remove the Cannot remove the government,
Executive government through a vote of no- but can delay legislation. Prime
confidence. Prime Minister is Minister can be a member of either
usually the leader of the majority house. Must command a majority
party. in Lok Sabha.
Election of Directly elected in general elections. Indirectly elected by electoral
Members colleges.
Role in Money Bills Can introduce and approve money Cannot initiate money bills. Can
bills. only recommend amendments.
Types of Bills Can pass all types of bills - Money Can pass Ordinary Bills and
Bills, Ordinary Bills, and Constitutional Amendment Bills.
Constitutional Amendment Bills. Cannot initiate Money Bills; can
only recommend amendments to
them.
Constitutional Mentioned in Article 81. Mentioned in Article 80.
Provisions
Age Limit for Must be at least 25 years old. Must be at least 30 years old.
Participants

UNIT - 12 POWERS AND PROCEDURE FOR AMENDMENTS IN INDIAN

CONSTITUTION
25 Explain 1) Constitutional Amendment 2) Powers of Constitutional Amendment 3) Procedure for Constitutional
Amendment?
Solution:
1. Constitutional Amendment:
A Constitutional Amendment is a formal change to the text of a constitution. In the context of the Indian
Constitution, amendments are made to adapt to societal needs, address gaps, or improve governance.
2. Powers of Constitutional Amendment:

The exclusive power to amend the Indian Constitution lies with the Parliament. While Parliament has broad
amendment powers, it cannot alter the basic structure of the Constitution, as determined by the Supreme Court.
3. Procedure for Constitutional Amendment:
 Initiation: Amendment bills are introduced in either House of Parliament.

 Approval: The bill must be approved by a special majority in both Houses.
 Ratification: Some amendments require ratification by states; if needed, the states' majority approval is sought.
 Assent: The President gives assent, making the amendment part of the Constitution.
 Judicial Review: The Supreme Court can review amendments for constitutionality, ensuring they align with the
basic structure.
Examples of Amendment Topics:

Amendments can cover diverse topics such as fundamental rights, representation in Parliament, presidential powers,
and other constitutional provisions.

UNIT - 13 HISTORY OF AMENDMENTS IN INDIAN CONSTITUTIONAL

26 Explain in detail history, salient features, objectives and failures of 74th Amendment – Part IX – “The Panchayat”.
Solution:
History:
The 74th Amendment Act of 1992 was a significant step in decentralizing power and strengthening local self-
government in rural areas. It introduced Part IX to the Constitution, focusing on Panchayats (local self-government
institutions at the village level). This amendment was a response to the Gandhian vision of empowering villages and
ensuring local participation in decision-making.
 Flow Chart of history, salient features, objectives and failures of 74th Amendment
– Part IX – “The Panchayat”:
+-------------------------------------------+
74th Amendment
+-------------------------------------------+
|
V
+--------------------------------------+
History
- Enacted in 1992
- Responding to Gandhian vision
+--------------------------------------+
|
V
+--------------------------------------+
Salient Features
- Three-tier structure
- Reservation for SCs, STs, women
- Regular elections, 5-year term
- State Finance Commission
- Local planning, taxation, and more
+--------------------------------------+
|
V
+--------------------------------------+
Objectives
- Decentralization of power
- Promotion of grassroots democracy
- Inclusive governance
- Rural development
- Financial empowerment
+--------------------------------------+
|
V
+--------------------------------------+
Failures and Challenges
- Resource constraints
- Unequal empowerment
- Political interference
- Limited decision-making power
- Infrastructure and capacity issues
- Low citizen participation
+--------------------------------------+
|

V
+--------------------------------------+
Conclusion
- Ongoing challenges
- Continuous efforts needed
- Effective local governance
+--------------------------------------+
27 As per the 73rd Amendment 1992, in Indian Constitution which new part has been inserted in the Constitution of
India? Explain in detail.
Solution:
 Flow Chart of 73rd Amendment 1992, in Indian Constitution:
+--------------------------------------------+
73rd Amendment - Part IX-A
+--------------------------------------------+
|
V
+--------------------------------------+
Salient Features
- Three-tier structure
- Reservation for SCs, STs, women
- Regular elections, 5-year term
- Local planning, taxation, and more
+--------------------------------------+
|
V
+--------------------------------------+
Functioning and Powers
- Local planning and development
- Social justice and welfare
- Taxation, fees, and fine authority
+--------------------------------------+
|
V
+--------------------------------------+
Seats and Reservation
- Reserved seats for SCs, STs, women
- One-third seats for women
+--------------------------------------+
|
V
+--------------------------------------+
Finance Commission
- Recommends financial devolution
+--------------------------------------+
 73rd Amendment - Part IX-A: "The Municipality “In Detail:
Introduction:
Enacted in 1992, the 73rd Amendment added Part IX-A to the Indian Constitution, focusing on local self-governance
in urban areas.
Salient Features:
Mandates a three-tier structure for municipalities at the municipal, intermediate (district), and metropolitan levels.

Seats and Reservation:

Seats reserved for Scheduled Castes (SCs), Scheduled Tribes (STs), and women in proportion to their population.
One-third of seats reserved for women, including the offices of chairpersons at all levels.
Duration and Elections:

Municipalities have a five-year term, and elections are conducted regularly.
State Election Commission conducts municipal elections.
Finance Commission:
Similar to Panchayats, a State Finance Commission is established to recommend financial devolution to
municipalities.
Functioning and Powers:

Municipalities empowered for local planning, economic development, social justice, and overall welfare.
Authority to levy and collect taxes, fees, and fines.
UNIT - 14 EMERGENCY PROVISIONS : NATIONAL EMERGENCY,
PRESIDENT RULE, FINANCIAL EMERGENCY
28 Explain different types of emergencies in detail.
Solution:
 Flow Chart on types of emergencies:
+-------------------+ +-------------------+ +---------------------+

National State Financial
Emergency Emergency Emergency
(Article 352) (Article 356) (Article 360)
+-------------------+ +-------------------+ +---------------------+
| | |
V V V
+-------------------+ +-------------------+ +---------------------+
War, Aggression, Breakdown of Financial crisis
Armed Rebellion Constitutional
Machinery
+-------------------+ +-------------------+ +---------------------+
| | |
V V V
+-------------------+ +-------------------+ +---------------------+
Presidential President's Rule President's Rule
Powers in State with Financial
Powers
+-------------------+ +-------------------+ +---------------------+
Types of Emergencies in India

1. National Emergency (Article 352):
Declaration:
Declared by the President when the security of India or a part thereof is threatened by war, external aggression, or
armed rebellion.
Effect:
It empowers the Central government to take over the powers of the states and gives the President sweeping powers.

Duration:
Initially, for six months, but can be extended indefinitely with parliamentary approval.
2. State Emergency (Article 356):

Declaration:
President's Rule in a state can be imposed if the President, on receipt of a report from the Governor or otherwise, is
satisfied that the government in a state cannot be carried on according to the provisions of the Constitution.
Effect:
The state government is dismissed, and the President's rule is imposed, allowing the Governor to exercise the
powers of the state government.
Duration:
Initially, for six months, but can be extended with parliamentary approval.
3. Financial Emergency (Article 360):

Declaration:
Declared by the President if he/she is satisfied that a situation has arisen whereby the financial stability or credit of
India or any part thereof is threatened.
Effect:
The President can issue directions to reduce salaries and allowances of all or any class of persons serving in the
Union, including judges of the Supreme Court and High Courts.
Duration:
Remains in force until revoked by the President.

UNIT - 15 LOCAL SELF GOVERNMENT – CONSTITUTIONAL SCHEME

IN INDIA
29 Classify the role of Local Government.
Solution:
 Flow Chart on role of Local Government:
+-------------------------------------+
Local Government Roles
+-------------------------------------+
|
V
+-------------------------------------+
Administrative Role
- Local Administration
- Implementation of Policies
+-------------------------------------+
|
V
+-------------------------------------+
Developmental Role
- Infrastructure Development
- Economic Development
+-------------------------------------+
|
V
+-------------------------------------+
Service Delivery Role
- Basic Services
- Public Utilities
+-------------------------------------+
|
V
+-------------------------------------+
Social Welfare Role
- Social Services
- Health and Education
+-------------------------------------+
|
V
+-------------------------------------+
Planning and Regulation Role
- Urban Planning
- Environmental Regulation
+-------------------------------------+
|
V
+-------------------------------------+
Political and Representation Role
- Local Representation
- Decision-Making
+-------------------------------------+
|
V
+-------------------------------------+
Financial Role
- Revenue Generation
- Financial Planning
+-------------------------------------+

|
V
+-------------------------------------+
Community Engagement and Empowerment
- Citizen Participation
- Community Development
+-------------------------------------+
1. Administrative Role:
Local Administration:
Manages day-to-day administrative functions within its jurisdiction.
Implements and monitors government programs and policies at the local level.
2. Developmental Role:
Infrastructure Development:
Plans and executes projects for local infrastructure development (roads, water supply, and sanitation).
Focuses on improving the overall quality of life for residents.
Economic Development:
Encourages local economic activities and entrepreneurship.
Promotes job creation and sustainable economic growth.
3. Service Delivery Role:

Basic Services:
Provides essential services such as water supply, sanitation, waste management, and public health.
Manages local schools, hospitals, and other community services.
Public Utilities:
Manages and maintains local utilities like street lighting, parks, and recreational facilities.
Ensures the provision of electricity, gas, and other essential services.
4. Social Welfare Role:

Social Services:
Implements social welfare programs for vulnerable populations.
Manages community centres, libraries, and cultural facilities.
Health and Education:

Works towards improving local health services.
Oversees primary and secondary education facilities.
5. Planning and Regulation Role:

Urban Planning:
Develops and implements urban planning strategies.
Controls land use and zoning regulations.
Environmental Regulation:
Enforces environmental regulations and promotes sustainable practices.
Addresses issues related to pollution and waste management.
6. Political and Representation Role:

Local Representation:
Represents the interests of the local community at higher levels of government.
Advocates for local concerns and needs.
Decision-Making:

Engages in local policymaking and decision-making processes.

Involves citizens in governance through participatory mechanisms.
7. Financial Role:
Revenue Generation:
Raises revenue through local taxation and fees.
Manages local finances to fund development projects and services.
Financial Planning:
Develops budgets and allocates resources based on local priorities.
Ensures transparency and accountability in financial matters.
8. Community Engagement and Empowerment Role:

Citizen Participation:
Promotes active citizen engagement in local governance.
Empowers communities to take part in decision-making processes.
Community Development:
Facilitates community-driven development initiatives.
Encourages social cohesion and inclusivity.
30 Differentiate between municipalities and Municipal Corporation.
Solution:
Aspect Municipalities Municipal corporation

Type of Local Local self-government institutions at Local self-government institutions
Government the urban or rural level. specifically for urban areas.
Jurisdiction Can be established for both urban and Primarily established for urban or
rural areas. metropolitan areas.
Hierarchy Generally, municipalities are single-tier Municipal corporations are usually two-
entities. tier entities.
Areas of Can cover a range of areas from small Typically operates in larger cities or
Operation towns to larger urban areas. metropolitan regions.
Size of Can be established for smaller or larger Typically established for larger
Population populations. populations.
Governance Governed by elected representatives, Governed by a mayor and a council, often
Structure such as a mayor and councillors. with additional administrative layers.
Functions Focus on basic urban services, local Responsible for a wide range of urban
administration, and some development services, infrastructure development, and
activities. planning.
Powers and Generally has fewer powers and Typically has more extensive powers and
Autonomy autonomy compared to municipal greater autonomy.
corporations.
Revenue Mainly depends on local taxes, fees, Can generate revenue through taxes, fees,
Sources and grants from higher levels of and often has more financial autonomy.
government.
Representation May not have direct representation in May have direct representation in state
in State state legislatures. legislatures as a distinct urban entity.
Legislature
Examples Town Municipalities, Nagar Municipal Corporations like Mumbai,
Panchayats, etc. Delhi, Kolkata, etc.

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New L J Institute of Engineering and Technology Semester: III (2023)

NEW L J INSTITUTE OF ENGINEERING & TECHNOLOGY,

30 QUESTIONS FOR IMPROVEMENT TEST

B.E. SEMESTER-III [CSE/IT/CSE (AIML)]

SUBJECT: Indian Constitution (3130007)

Unit : 8 Fundamental Duties and its legal status

Unit : 13 History of amendments in Indian Constitutional

Unit : 14 Emergency Provisions : National Emergency, President Rule, Financial

Indian Constitution (3130007) 2023 Page| 1

UNIT – 1 MEANING OF THE CONSTITUTION LAW AND

Aspects Constitution Constitutionalism

2 Define Constitution. Discuss types of Constitution?

Indian Constitution (3130007) 2023 Page| 2

Indian Constitution (3130007) 2023 Page| 3

Indian Constitution (3130007) 2023 Page| 4

Indian Constitution (3130007) 2023 Page| 5

4 Discuss the History of Indian Constitution?

Historical Evolution of the Indian Constitution

 Regulating Act 1773

Indian Constitution (3130007) 2023 Page| 6

UNIT - 3 SALIENT FEATURES AND CHARACTERISTICS OF

Length and Detail:

Directive Principles of State Policy:

Indian Constitution (3130007) 2023 Page| 7

Universal Adult Franchise:

Integrated and Concurrent Lists:

Writs for Judicial Review:

Article 32 - Right to Constitutional Remedies:

Access to the Supreme Court:

Indian Constitution (3130007) 2023 Page| 8

Enforcement of Fundamental Rights:

Guarantee Against Infringement:

Suspension during Emergency:

8 List the Features of Fundamental Rights?

Guaranteed by the Constitution:

Enforceable by the Courts:

Indian Constitution (3130007) 2023 Page| 9

Rights Against the State:

Equality Before the Law (Article 14):

Right to Freedom (Articles 19-22):

Right Against Exploitation (Articles 23-24):

Right to Freedom of Religion (Articles 25-28):

Cultural and Educational Rights (Articles 29-30):

Right to Constitutional Remedies (Article 32):

Indian Constitution (3130007) 2023 Page| 10

 Flow chart of Features of Fundamental Rights:

Features of Fundamental Rights

Indian Constitution (3130007) 2023 Page| 11

10 Summarize the effects of National emergency on fundamental rights.

Suspension of Article 19:

Article 21 Not Suspended:

Effect on Enforcement of Fundamental Rights (Article 32):

Effect on Judicial Review:

Indian Constitution (3130007) 2023 Page| 12

Extension of Executive Powers:

Effect on Federal Structure:

Duration and Ratification:

The types of equality are:

Equality before the law (Article 14)

Indian Constitution (3130007) 2023 Page| 13

Article Brief Discussion

Equality before the law (Article 14)