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#1 Which of the following features of Indian Constitution have been taken from Government of India Act 1935? 1. Federal Scheme 2. Emergency provisions 3. Judiciary 4. Office of Governor. Select the code from below:?Solution (d)
Sources of the Constitution at a Glance
1. Government of India Act of 1935 : Federal Scheme, Office of governor, Judiciary, Public Service Commissions, Emergency provisions and administrative details.
2. British Constitution : Parliamentary government, Rule of Law, legislative procedure, single citizenship, cabinet system, prerogative writs, parliamentary privileges and bicameralism.
3. US Constitution : Fundamental rights, independence of judiciary, judicial review, impeachment of the president, removal of Supreme Court and high court judges and post of vice-president.
4. Irish Constitution : Directive Principles of State Policy, nomination of members to Rajya Sabha and method of election of president.
5. Canadian Constitution : Federation with a strong Centre, vesting of residuary powers in the Centre, appointment of state governors by the Centre, and advisory jurisdiction of the Supreme Court.
6. Australian Constitution : Concurrent List, freedom of trade, commerce and intercourse, and joint sitting of the two Houses of Parliament.
7. Weimar Constitution of Germany : Suspension of Fundamental Rights during Emergency. 8. Soviet Constitution (USSR, now Russia): Fundamental duties and the ideal of justice
(social, economic and political) in the Preamble.
9. French Constitution: Republic and the ideals of liberty, equality and fraternity in the Preamble.
10. South African Constitution: Procedure for amendment of the Constitution and election of members of Rajya Sabha.
11. Japanese Constitution: Procedure established by Law.
#2 Preamble promises ‘justice’ for every citizen of India. What type of justice is promised in Preamble? 1. Social 2. Economic 3. Political 4. Physical. Select the code from following:?Solution (a)
The term ‘justice’ in the Preamble embraces three distinct forms—social, economic and political, secured through various provisions of Fundamental Rights and Directive Principles.
Social justice denotes the equal treatment of all citizens without any social distinction based on caste, colour, race, religion, sex and so on. It means absence of privileges being extended to any particular section of the society, and improvement in the conditions of backward classes (SCs, STs and OBCs) and women.
Economic justice denotes the non-discrimination between people on the basis of economic factors. It involves the elimination of glaring in-equalities in wealth, income and property. A combination of social justice and economic justice denotes what is known as ‘distributive justice’.
Political justice implies that all citizens should have equal political rights, equal access to all political offices and equal voice in the government.
The ideal of justice—social, economic and political—has been taken from the Russian Revolution (1917).
#3 The term ‘fraternity’ in Preamble of Indian Constitution signifies which of the following: 1. Spirit of Brotherhood amongst all citizens of India 2. It assures dignity of an Individual 3. It assures unity and integrity of the Nation. Select the code from following:?Solution (d)
- Fraternity means a sense of brotherhood.
- The Constitution promotes this feeling of fraternity by the system of single citizenship.
- Also, the Fundamental Duties (Article 51-A) say that it shall be the duty of every citizen of India to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic, regional or sectional diversities.
- The Preamble declares that fraternity has to assure two things—the dignity of the individual and the unity and integrity of the nation.
- The word ‘integrity’ has been added to the preamble by the 42nd Constitutional Amendment (1976).
- According to K M Munshi, a member of the Drafting Committee of the Constituent Assembly, the phrase ‘dignity of the individual’ signifies that the Constitution not only ensures material betterment and maintain a democratic set-up, but that it also recognises that the personality of every individual is sacred.
- This is highlighted through some of the provisions of the Fundamental Rights and Directive Principles of State Policy, which ensure the dignity of individuals.
- Further, the Fundamental Duties (Article 51A) also protect the dignity of women by stating that it shall be the duty of every citizen of India to renounce practices derogatory to the dignity of women, and also makes it the duty of every citizen of India to uphold and protect the sovereignty, unity and integrity of India.
- The phrase ‘unity and integrity of the nation’ embraces both the psychological and territorial dimensions of national integration.
- Article 1 of the Constitution describes India as a ‘Union of States’ to make it clear that the states have no right to secede from the Union, implying the indestructible nature of the Indian Union.
- It aims at overcoming hindrances to national integration like communalism, regionalism, casteism, linguism, secessionism and so on.
#4 Indian Constitution defines India as a ‘Union of States’. The term ‘Union of India’ includes? 1. States 2. Union Territories 3. Territories that may be acquired by Government of India. Select the code from following:?Solution (a)
Union of India
The ‘Territory of India’ is a wider expression than the ‘Union of India’ because the latter includes only states while the former includes not only the states but also union territories and territories that may be acquired by the Government of India at any future time. The states are the members of the federal system and share a distribution of powers with the Centre. The union territories and the acquired territories, on the other hand, are directly administered by the Central government.
#5 India is described as ‘Indestructible Union of Destructible States’. Which of the following statements supports this description? 1. The Parliament can redraw the political map of India according to its will. 2. Consent of States is necessary before changing their boundary or area 3. Formation of new states, altering boundary and name is considered as Constitutional Amendment under Art 368. Select the code from following:?Solution (a)
Article 3 authorises the Parliament to:
(a) form a new state by separation of territory from any state or by uniting two or more states or parts of states or by uniting any territory to a part of any state,
(b) increase the area of any state,
(c) diminish the area of any state,
(d) alter the boundaries of any state, and
(e) alter the name of any state.
- However, Article 3 lays down two conditions in this regard:
- one, a bill contemplating the above changes can be introduced in the Parliament only with the prior recommendation of the President; and
- two, before recommending the bill, the President has to refer the same to the state legislature concerned for expressing its views within a specified period.
- Further, the power of Parliament to form new states includes the power to form a new state or union territory by uniting a part of any state or union territory to any other state or union territory.
- The President (or Parliament) is not bound by the views of the state legislature and may either accept or reject them, even if the views are received in time.
- Further, it is not necessary to make a fresh reference to the state legislature every time an amendment to the bill is moved and accepted in Parliament.
- In case of a union territory, no reference need be made to the concerned legislature to ascertain its views and the Parliament can itself take any action as it deems fit.
- It is thus clear that the Constitution authorises the Parliament to form new states or alter the areas, boundaries or names of the existing states without their consent.
- In other words, the Parliament can redraw the political map of India according to its will. Hence, the territorial integrity or continued existence of any state is not guaranteed by the Constitution.
- Therefore, India is rightly described as ‘an indestructible union of destructible states’.
- The Union government can destroy the states whereas the state governments cannot destroy the Union.
- In USA, on the other hand, the territorial integrity or continued existence of a state is guaranteed by the Constitution.
- The American Federal government cannot form new states or alter the borders of existing states without the consent of the states concerned.
- That is why the USA is described as ‘an indestructible union of indestructible states.’
- Moreover, the Constitution (Article 4) itself declares that laws made for admission or establishment of new states (under Article 2) and formation of new states and alteration of areas, boundaries or names of existing states (under Articles 3) are not to be considered as amendments of the Constitution under Article 368.
- This means that such laws can be passed by a simple majority and by the ordinary legislative process.
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