Constitution notes (1)
Constitution notes (1)
• In 1922, Mahatma Gandhi proposed that Indians should determine their political destiny.
• In 1934, Jawaharlal Nehru advocated for a Constituent Assembly elected by the widest
franchise to create India's Constitution.
• The creation of the Constituent Assembly was based on the Cabinet Mission Plan, 1946.
• On August 29, 1947, a drafting committee was set up under the Chairmanship of Dr. B R
Ambedkar.
• Dr. Rajendra Prasad, President of the Constituent Assembly, signed and declared the
Constitution as passed.
• Some provisions took immediate effect, with the rest on January 26, 1950, commemorating
the first complete Independence Day in 1930.
• The Constitution was 'adopted, enacted, and given to ourselves' for 'the people of India' by
'the people of India'.
• The Preamble specifies the nature of the Indian Union and its objectives.
• The words ‗socialist‘, ‗secular‘ and ‗integrity‘ were added by the 42nd Amendment Act
(1976).
• Four cardinal objectives to be secured for all citizens are Justice, Liberty, Equality, and
Fraternity.
• Justice: Social justice aims to eliminate socially privileged classes and discrimination based
on caste, creed, colour, sex, religion, or place of birth. Economic justice seeks to reduce
income-based discrimination and ensure equitable wealth distribution. Political justice
promotes equal participation opportunities in the political process.
• Liberty: Emphasizes freedom of thought, expression, faith, belief, and worship, with religious
freedom as a fundamental right.
• Equality: Guarantees equality of status and opportunity, ensuring equal eligibility to public
positions without discrimination. Unequals are not to be treated equally.
• Fraternity: Promotes a common feeling of brotherhood, unity, and integrity to bring the
states together, fulfilling 'unity in diversity'.
• "We, the people of India" indicates that the people of the country are the architects of the
Constitution and that the government's power comes from the people.
• Sovereign: India owes no allegiance to any external power.
• Secular: The state has no religion, ensures equal respect for all religions, and prohibits
religious discrimination.
• Republic: India has an elected head of state serving a fixed term through a democratic
process.
• Fundamental rights are essential for a civilized society and the development of an individual.
• They are guaranteed under Part III of the Indian Constitution, limiting state activity.
• Fundamental rights are not absolute and are subject to reasonable restrictions.
• Right to Equality
o Article 14 ensures equality before the law and equal protection of laws.
• Right to Freedom
o Article 19 provides six basic freedoms: speech and expression; assembly; forming
associations or unions; movement; residence; and profession, occupation, trade, or
business.
• Right to Life
o Article 21 states that no person shall be deprived of life or personal liberty except
according to the procedure established by law.
o The Supreme Court has interpreted 'Right to Life' to include living a meaningful and
dignified life.
• Right to Education
o Article 21A guarantees the right to education for children between six to fourteen
years of age.
• Right to Religion
o Article 25 ensures freedom of conscience and the right to profess, practice, and
propagate religion.
o Article 27 states that no person shall be compelled to pay taxes for the promotion of
any particular religion.
o Article 29 lays down that any section of citizens having a distinct language, script or
culture shall have the right to conserve the same.
o Article 30 states that all minorities shall have the right to establish and administer
educational institutions of their choice.
o Article 32 allows citizens to move the Supreme Court for the enforcement of
fundamental rights.
o The Supreme Court can issue writs such as habeas corpus, mandamus, prohibition,
quo warranto, and certiorari.
• Directive Principles of State Policy (DPSP) are guidelines for the state in making laws.
• Key aspects include securing social order, adequate livelihood, equal pay for equal work, free
legal aid, humane working conditions, free education for children, and promotion of
international peace.
• Fundamental duties are the duties of citizens towards their nation, added by the Constitution
(Forty-Second Amendment) Act, 1976.
• These duties include abiding by the Constitution, respecting the National Flag and Anthem,
cherishing ideals of the freedom struggle, protecting sovereignty, defending the country,
promoting harmony, renouncing practices derogatory to women, valuing our heritage,
protecting the environment, developing scientific temper, safeguarding public property, and
striving for excellence.
• Fundamental duties are not enforceable but guide the interpretation of constitutional and
legal issues.
• The Council of Ministers, headed by the Prime Minister, aids and advises the President and is
responsible to the Lok Sabha.
• The President is elected for a term of five years and may be re-elected.
• The President is the chief commander of the armed forces but is a nominal head in a
parliamentary democracy.
• Qualifications
o Candidates for President and Vice President must be Indian citizens, at least 35 years
old, qualified to be members of the Lok Sabha and Rajya Sabha, respectively, and not
hold any office of profit.
• Method of Election
o The President and Vice President are elected by an electoral college.
o Elections are conducted per the Presidential and Vice Presidential Elections Act,
1952, by the Election Commission of India.
• Term
o The President holds office for five years from the date of oath.
o The Vice President holds office for five years from the time he enters office.
• Removal
o The President can be removed through impeachment for violating the Constitution.
o Financial Powers: No money bill can be introduced without the President's consent,
and he controls the contingency fund of India.
o Judicial Powers: The President can grant pardons and seek advice from the Supreme
Court.
o The British Parliamentary form of government was deemed suitable for India.
o Article 74 provides for the Council of Ministers with the Prime Minister as head to
aid and advise the President.
o The Prime Minister is appointed by the President, and other Ministers are appointed
by the President on the Prime Minister's advice.
• Appointment
o The President appoints the Prime Minister, who is the leader of the majority party in
the Lok Sabha.
o The Prime Minister's position is pre-eminent, being the leader of the majority party.
• Part V, Chapter II, Articles 79 to 122 deal with the Union Parliament.
• The Parliament consists of the President, the Council of States (Rajya Sabha), and the House
of People (Lok Sabha).
• Rajya Sabha
o 238 members are elected from the states, and 12 are nominated by the President.
o The Rajya Sabha is a permanent House, with members elected for a 6-year term.
• Lok Sabha
o The House of the People is the lower house of the Union Parliament.
o All bills require passage by both Houses of Parliament and assent by the President.
o Articles 107 to 122 of the Constitution deal with the provisions relating to the
passing of bills in Parliament.
o The stages through which bills pass include introduction and first reading, second
reading, and third reading.
• The Constitution provides for a single integrated judicial system with the Supreme Court at
the apex.
• The Indian Judicial System is independent and effective, acting as the guardian of the
Constitution.
o The Supreme Court is the apex level court, the court of final appeals in India.
o It enjoys supreme judicial authority in India, and its decisions bind all courts.
• Judicial Review
o It may be defined as the power of the court to determine the constitutional validity
of an impugned law or executive action.
o Undertaken for redressing public injury, enforcing public duty, protecting social,
collective, and diffused rights and interests or vindicating public interest.
• Judicial Activism
• The framework of the state governments is almost the same as that of the government at
the centre.
• The Governor is the constitutional head of the state government, appointed by the
President.
• Each state has a Vidhan Sabha, with some states also having an upper chamber (Vidhan
Parishad).
• The state executive has the Governor as the Head of the State.
• Governor
o The Governor has to take an oath before assuming office, administered by the Chief
Justice of the State High Court.
o There shall be a Council of Ministers with the Chief Minister at the head to aid and
advise the Governor in the exercise of his functions.
o The Chief Minister is appointed by the Governor and must be the leader of the
majority party in the Vidhan Sabha.
• Elections bring about a society that operates on the principle of general welfare, rather than
the welfare of an individual or a few individuals.
• The term ‘electoral system’ refers to everything that influences the outcome of elections.
• Territorial Constituencies
o General elections in India are conducted on the principle of territorial constituencies,
with one MP being elected from each constituency.
o In India, the First Past the Post System is followed to determine the winners in
general elections.
o Opinion polls seek to gather and comprehend public opinion on electoral issues.
o Exit polls are conducted as people exit the polling station after casting their vote.
• Electoral Reforms
o The punishment for candidates, who willfully conceal information when filing their
nomination forms, and particularly those who undervalue their material assets,
should be made more stringent.
• Candidates with a criminal record, and particularly those behind bars must not be permitted
to contest elections.
• The term ‗emergency‘ refers to difficult situations, which may arise suddenly and require the
immediate attention of the authorities.
• There are three kinds of emergencies: national emergency, financial emergency, and state
emergency.
• National Emergency: Declared when the nation is at threat of war, external aggression, or
armed rebellion.
• State Emergency: Declared upon the failure of the constitutional machinery in a particular
state, resulting in President’s rule.
MCQ
1. The idea that Indians would determine their political destiny was put forward by whom in
1922?
o a) Jawaharlal Nehru
o b) Mahatma Gandhi
o c) B. R. Ambedkar
o d) Rajendra Prasad
2. The demand for setting up a Constituent Assembly assumed a shape of its own after the
failure of which commission?
o a) Cabinet Mission
o c) Drafting Committee
o d) Finance Commission
3. Who stated in 1934 that the people of India should draw up their Constitution via a
Constituent Assembly?
o a) Mahatma Gandhi
o b) Jawaharlal Nehru
o c) Rajendra Prasad
o d) B.R. Ambedkar
4. The creation of the Constituent Assembly was based on the recommendations of which
plan?
o a) Simon Commission
o c) Nehru Report
o d) Ambedkar Plan
5. Who was the chairman of the drafting committee set up on August 29, 1947?
o a) Rajendra Prasad
o b) Jawaharlal Nehru
o c) B. R. Ambedkar
o d) Mahatma Gandhi
o b) February 1948
o a) Chapter 1
o d) The Preamble
9. The words 'socialist', 'secular' and 'integrity' were added to the Preamble by which
amendment act?
o a) The Parliament
o b) The President
o a) Part II
o b) Part III
o c) Part IV
o d) Part IVA
2. Which article states that the state shall not deny to any person equality before the law or
equal protection of the laws within the territory of India?
o a) Article 14
o b) Article 15
o c) Article 16
o d) Article 17
o a) Race
o b) Religion
o c) Sex
4. Which article empowers the state to enact special laws to protect the interests of women
and children?
o a) Article 15(1)
o b) Article 15(2)
o c) Article 15(3)
o d) Article 15(4)
5. Article 16 emphasizes:
o a) Abolition of untouchability
o a) Article 15
o b) Article 16
o c) Article 17
o d) Article 18
7. Article 18 deals with:
o a) Abolition of untouchability
o b) Abolition of titles
o a) Article 19
o b) Article 20
o c) Article 21
o d) Article 22
o a) Freedom of speech
o b) Right to life
o d) Freedom of religion
10. Article 21 states that no person shall be deprived of his life or personal liberty except
according to:
o c) Social norms
o d) Religious practices
11. Which article guarantees the right to education to all children between the ages of six to
fourteen years?
o a) Article 20A
o b) Article 21A
o c) Article 22
o d) Article 23
o a) Exploitation
o b) Discrimination
o d) Forced labour
13. Article 23 prohibits:
o a) Freedom of religion
o d) Arbitrary arrest
14. Which article ensures freedom of conscience and the right to profess, practice and propagate
religion?
o a) Article 25
o b) Article 26
o c) Article 27
o d) Article 28
15. According to Dr. B.R. Ambedkar, which article is the 'heart and soul of the Constitution'?
o a) Article 14
o b) Article 19
o c) Article 21
o d) Article 32
o c) Partially enforceable
o a) Right to equality
3. The DPSPs are inducted under the Constitution of India with the objective of creating:
o a) Enforceable laws
o c) A system of courts
o d) A powerful executive
1. Fundamental Duties were inserted into the Constitution by which amendment act?
o a) Right to vote
o b) Right to education
o d) Right to property
o a) Enforceable by law
o a) Making laws
o a) Prime Minister
o b) President
o c) Chief Justice of India
o d) Vice President
o a) Rajya Sabha
o b) Lok Sabha
o c) President
o d) Vice President
o a) 4 years
o b) 5 years
o c) 6 years
o b) Prime Minister
o c) Vice President
o d) Attorney General
5. What is the minimum age required to be nominated for the office of President or Vice
President?
o a) 30 years
o b) 35 years
o c) 40 years
o d) 45 years
o b) An electoral college
7. All disputes pertaining to the election of the President and Vice President are decided by:
o b) The Parliament
o c) The Supreme Court of India
o a) No-confidence motion
o b) Impeachment
o c) Censure motion
o d) Adjournment motion
o b) The President of India, the Council of States (Rajya Sabha) and the House of
People (Lok Sabha)
o d) The Governor
o b) Council of States
o c) Lower House
o d) Parliament
o a) 238
o b) 250
o c) 545
o d) 552
4. How many members are nominated by the President to the Rajya Sabha?
o a) 5
o b) 10
o c) 12
o d) 20
o a) 25 years
o b) 30 years
o c) 35 years
o d) 21 years
o a) Subject to dissolution
o a) Lok Sabha
o b) Rajya Sabha
o d) The President
10. What is the maximum number of members provided for in the Constitution for the Lok
Sabha?
o a) 530
o b) 545
o c) 552
o d) 500
o a) 4 years
o b) 5 years
o c) 6 years
o a) President
o b) Vice President
o c) Speaker
o d) Prime Minister
o a) Rajya Sabha
o b) Lok Sabha
o c) President
o d) Vice President
o c) The President
o a) Lok Sabha
o b) Rajya Sabha
o c) Joint sitting of both houses
o d) President's office
o a) Article 79
o b) Article 124
o c) Article 226
o d) Article 32
o c) The President
o d) The Parliament
o a) 60 years
o b) 62 years
o c) 65 years
o d) 68 years
o a) Mumbai
o b) Kolkata
o c) Chennai
o d) New Delhi
o a) Original
o b) Appellate
o c) Advisory
7. The power of the court to determine the constitutional validity of a law is known as:
o a) Judicial activism
o b) Judicial review
o d) Original jurisdiction
8. Litigation undertaken for the purpose of redressing public injury is known as:
o a) Judicial activism
o b) Judicial review
o c) The Constitution
o a) Chief Minister
o b) Governor
o d) Advocate General
o c) The President
o a) 25 years
o b) 30 years
o c) 35 years
o d) 40 years
o a) The President
o a) Vidhan Parishad
o b) Vidhan Sabha
o a) Governor
o b) Chief Minister
o a) The President
o b) The Governor
o a) Governor
o b) Chief Minister
o a) A permanent house
o c) An advisory body
o d) A body nominated by the Governor
o a) 4 years
o b) 5 years
o c) 6 years
o a) Individual welfare
o c) General welfare
o d) Government welfare
o a) Proportional representation
o b) Weighted voting
o d) Limited franchise
3. The responsibility of demarcating the country into territorial constituencies lies with:
o b) The Parliament
o c) The President
o a) Proportional Representation
o d) List System
o a) Women
o b) Minorities
o a) Before elections
o a) One
o b) Two
o c) Three
o d) Four
o a) Article 352
o b) Article 356
o c) Article 360
o d) Article 368
o a) Article 352
o b) Article 356
o c) Article 360
o d) Article 365
o a) National Emergency
o b) Financial Emergency
o c) President's Rule
o d) Constitutional Emergency
o a) The Governor
o c) The President