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Indian Constitution: Short Questions
Indian Constitution: Short Questions
Short Questions
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Why the Framers of Indian Constitution chose Federalism ?
The framers of Indian Constitution turned to federalism as a solution to a number of problems they faced in their attempt to frame a constitution of independent India. They wanted to preserve both the unity and diversity that animated the length and breadth of India. For the resolution of the constitutional problem of a multi- racial, multi - lingual and ? multi - communal n Constitution ia d In f o le b country like India ob je ctive What is Pream emb odie d the n io ut it st on with a vast area and C the onstituent P re amb le of opted by the C he ad T as w It . ru huge population, fedility of dit Neh rtance of the ut po tion of the Pan im lu so he re T . 47 eralism was of abiding of the Supreme nuary 22nd 19 veral decisions Assembly on Ja se in t ou d nature and in case of te in e Court held s been po se, the Suprem ca i the Preamble ha th ra ha B a conflict in future beble was anda on. The Pream In the K esavan ti . tu rt ti ou ns C Co e th tween unity and diverinserted rt of t act 1976 and amble is a pa en re P dm en at th am nd es sity preserved under the Constitution 42 to it. It declar d Integrity in amended by the an IC ar T ul A constitution, the former ec R C S ialist, LAR, D EMO the wor ds Soc IALIST, SECU C should prevail over the O S , N IG E R India a SOVE other. In other words, it ch the e India on whi id ts BLIC. ou PU y E it R or th au was their intention to cre: There is no Sovereign ent. nd ate an indestructible unpe de ay ciety through c pattern of So country is anyw ti lis ia oc S of t ion. Achievemen Socialist : tizen in eds. What is the role of e against the ci at in democratic ne m ri sc di t no The state shall states in alteration of Secular : ligion. re of s si ba only ha ve the their areas, boundaany way on the by the people d te ec el rs le c : The ru ries or names ? Democrati ent. indirectly n the governm e are directly or at authority to ru St e th With regard to a Bill under of s ie ditery. All the authorit d term, not here Republic : Article 3 of Indian Constixe fi a r fo le op pe elected by the tution, there are two conditions : First condition states
that no Bill shall be introduced in either House of Parliament except on e there now? r a s e l the recommendation of u d e h c icles & S Indian the president. Secondly, How many Art as of today in s le du he sc 12 nuary where the proposal conarticles and into force on Ja e m ca it There are 444 n he w tained in the Bill affects the was 395 and 8 Constitution. It area, boundaries or name 26, 1950. of any of the states, the Bill has to be referred by Level Committee on Indian Diaspora under the President Legislature of the state for exthe chairmanship of LM Singhvi which pressing its views. The President specifies the recommended in its report to grant overseas period within which the State Legislature must Indian citizenship to the people of Indian express its views but he may extend the time origin. Based on the recommendations of the so specified. If the state legislature does not committee the Government of India made respond within the period specified the secprovisions for dual citizenship to the people ond condition laid down in the provision is of Indian origin by amending the part II of fulfilled. Also it is not necessary to make fresh the Indian Constitution, since the Constitution reference to the State Legislature every time of India does not allow holding Indian an amendment of the proposal contained in Citizenship and Citizenship of Foreign Country the Bill is proposed and accepted in accordsimultaneously. ance with the rules of procedure of parlia? Which are the Articles added by 42nd ment so long as the amendment is germane to the subject - matter of the original proposal Amendment ? or is not a direct negation thereof. Articles added by 42nd Amendment are Article 39 A : Equal justice and free legal aid What is PIO Card ? to the poor. The Government of India launched a comprehensive scheme for the persons of Indian origin called the PIO Card scheme. Under this scheme, persons of Indian Origin upto the fourth generation, settled throughout the world are eligible to have this card. The scheme came into effect on September 2007. The card holder can visit India without any visa for life long. The card is to be valid for 15 years. The persons of Indian origin from Pakistan and Bangladesh are not entitled for the card. PIO card holders will have similar benefits as NRIs in economic, financial and educational matters. But they are not allowed to have political rights. Article 43 A : Participation of workers in Management of industries Article 48 A : Protection and improvement of environment and safeguarding of forests and wildlife. Article 39 : Creation of opportunities for development of children.
Why indirect election of President was supported by the Framers of Indian Constitution ?
Indirect election of President was supported by the Framers of Indian Constitution on the following grounds. (a) Direct election by an electorate of some one billion of people would mean a tremendous loss of time, energy and money.
Important Amendments
? What is the significance of 42nd Amendment ?
Amend. 42 (1976) Brought about drastic changes in the Indian Constitution. Because of its wide sweep and drastic nature, it came to be called a Mini Constitution. Its main provisions are 1) the words secular and socialist were added to the Preamble. 2) the primacy of Directive Principles over Fundamental Rights was ensured 3) restrictions were placed on the exercise of judicial review by the High Courts. It was laid down that the Supreme Court alone would be entitled to examine the constitutional validity of union laws. Amend. 44 (1978) The Right of Property, a fundamental right was taken away and it is only a legal right now. Amend. 56 (1987) Accorded the status of statehood to Goa. Provided a 40 member Legislative Assembly to Goa. Amend. 61 (1988) Reduced the voting age from 21 to 18 years for the Lok Sabha as well as Assembly elections. Amend. 71 (1992) Provides that the Konkani, Manipuri, and Nepali shall be included in the Eighth Schedule, thus raising the number of languages from 15 to 18. Amend. 73 (1992) Lead to the formation of Panchayati Raj. Amend. 74 (1992) Led to the formation of Nagar Palikas. Amend. 84 (2000) Relates to the creation of new states of Jharkhand, Chattisgarh and Uttaranchal. Amend. 86 (2002): Education - A fundamental right. Amend 92 : included 4 languages in the 8th Schedule; They are Bodo, Dogri, Maithili, Santhali
(b) Under the system of responsible Government introduced by the constitution, real power would vest in the ministry so it would be anomalous to elect the President directly by the people without giving him real powers.
received from the Council of Ministers in a particular case, back to them, for their reconsiderations ; and if the Council of Ministers adheres to their previous advice, the President shall have no option but to act in accordance with such advice. The power to return for reconsideration can be exercised only once, on the same matter.
How is the disputes relating to the election of President or Vice President dealt with ?
The disputes relating to the election of a President or Vice - President is death with in Article 71 as follows (i) Such disputes shall be decided by the Supreme Court whose jurisdiction shall be exclusive and final.
(ii) No such dispute can ground of any vacancy in the Electoral College which elected the President or Vice President. (iii) If the election of a President or the Vice - President is declared void by the Supreme Court, acts done by him prior to the date of such decisions of the Supreme Court shall not be invalidated.
be raised on the
(Amendm IO) / of Citizenship e ag ss pa e Indian Origin (P th h of n Wit so er P to p ies. However t dual citizenshi s of their countr w decided to gran la e th to t ec migrated tions, subj IO / NRIs, who P l al NRIs in 16 na at th ed at dual citian Govt. st will be granted , 50 19 in 2005 the Indi , 26 y tely or after Januar in India indefini ve li to on rs from India on pe a s benefits of a itizenship allow y can avail all he zenship. Dual C T . s) th on m te, and be rd for 6 ve the right to vo ha t (so far PIO ca no n ca ey to India However th can also travel y he T s. citizen of India. ce fi of h, and inted to public tan, Banglades is ak P om elected or appo fr s tiHowever person ot have dual ci nn ca fy ti no ay without a Visa. vt. m rm where try that the go ation is a platfo br le any other coun ce as iv D . It is celsi Bharatiya their aspiration e ar zenship. Prava sh d an t rn from Indians mee Gandhijis retu of ce an PIO /NRIs and br em January in rem ebrated on 9th (iv) Barring the decision of 1915. South Africa in such disputes, other matters relating to the The first category includes (a) freedom of election of President or Vice - President speech in each House of Parliament (b) may be regulated by the law made by Immunity from proceedings in any courts in Parliament. respect of anything said or vote given by a member in Parliament or any committee there What types of Parliamentary privileges of ; and (c) immunity from liability in respect are available in India ? of the publication by or under the authority of There are two categories of parliamentary either House of Parliament, of any report, privileges in India the specified and paper, votes or proceeding of either House. enumerated, and the recognised but In the second categories fall all those privileges unenumerated.
What is the difference between the pardoning power of on the Governor and the Constituti in s it r W r fo the President ? Definition e body) us (To have th produce the
The President can Habeas Corp g authority to t to the detainin ur co a e whether the by r de pardon death sentence it may examin It is an or at th so , it before while the Governor arrested person lly. detained lawfu cannot. The President person has been can pardon sentences e command tribunal or Mandamus (W lower court or a to t ur co or ri inflicted by the court duty. supe falls within its an order from a ch is hi It w t ac an martial while the y to perform public authorit authority) Governor cannot. hat warrant or w y (b ch he is o nt ra ic office to whi Quo War bl pu a in ng ti How many states in y public rson from ac sumption of an as l ga It forbids a pe le il t en India have a bicameris used to prev ybody. not entitled. It ic office by an bl pu y an of al legislature ? pation office or usur stop) At present Legislative al o forbid or to (t n io urt or a tribun it b hi ro P to a lower co t Council exist in six states ur y rl co la or pu ri po pe It is a su its jurisdiction. e It is issued by id ts Andra Pradesh, Bihar, ou t ac an perform forbidding it to Karnataka, Jammu and order. known as stay Kashmir, Maharashtra and be certified) or tribunal Uttar Pradesh. Andhra Certiorari ( to e inferior court m so to rt ou C e thority for Pradesh abolished its upper e Suprem her superior au ot e It is issued by th m so to or house in 1984 but again set matter to it to transfer the up a new legislative council ation. proper consider following the elections in 2007. Sabha do not take oath before assuming their When did Election Commission become respective offices. Both of them take oath as a multi - member authority ? members of the Lok Sabha along with other The Election Commission was established in members, before assuming membership of the 1950. From 1950 to October 1989, the House. Government of India appointed two extra ? What is the constitutional status of Election Commissioners to it. But these two Planning Commission ? posts of additional commissioners were Though constitution makes provision for the abolished on January 1, 1990. Later on setting up of various commissions for October 1, 1993 two more Election different purposes, it does not mention Commissioners were appointed. An anywhere about the Planning Commission. amendment was made in the concerned Act Thus Planning Commission is not a of 1991 providing equal powers, salaries and constitutional body. The Planning Commission allowances etc. for the appointed additional Election Commissioners. came into existence in March 1950 through a resolution of the Union Cabinet. It was set up Who administers oath to the Speaker as an advisory body for the planned socioand Deputy Speaker of Lok Sabha ? economic development of the country. Both the Speaker and Deputy Speaker of Lok
If the Vice- President is unable to discharge his responsibilities for a time being, who will act as the Vice President during such periods ?
As per the provisions of the Constitution, there is nothing like an acting Vice - President. The main function of the Vice - President is to act as the President when the latter is not able to disents Defined m u c o D l ia charge his responsibilic Off ity, the Vice - President e B o ok ? rtaining to a ? What is Blu does not have any funcal document pe ci fi of sh ti ri B the tion in this respect. Blue Book is .... Netherlands However the Vice particular issue. ........................ ... ... ... ... ... ... ... ...... l and China President is also the ExOrange Book ... .......... Portuga ... ... ... ... ... ... ... rance ............ Officio - Chairman of the ...................... F ... ... White Book ...... ... ... ... ... ... ..................... .......... India Council of states. If the Yellow Book ... ........................ ... ... ... ... ... ... ... ............ Vice President is not disWhite Paper ... charging, his responsibilis not important ity as the Chairman of the where as its substance should be considered. Council of states the Deputy Chairman shall Such legislation or law is called colourable act as the Chairman of the Council of States. legislation. When the question of the validity of such law arises before the courts, they What are the matters with respect to apply the doctrine of colourable legislation and which a Bill needs a prior consent of declare the law as invalid.
A Bill related to the following matters, requires the prior consent of the President before it is introduced in Parliament. (a) Money Bills (b) Creation of new states or the alteration in the boundaries of states. (c) a proposal to expend money out of Consolidated Fund of India (d) a Bill that seeks to affect inter - state trade transactions. (e) a Bill which affects the interests of States with respect to taxation, or a Bill affecting the principles governing the allocation of central funds to States or a Bill which has the effect, of changing the term agriculture income for the purpose of Union Government.
his advice Minister and on The Prime eneral of India. India . Attorney G itor-General of ud A d cluding the an er ll igh Courts in Comptro H d an rt ou C the Supreme ? How many types of Judges of Chief Justice. Veto Power are there ? rritories. States. Te of on rs ni U no er of s ov G There are four types of Commissioner Governors and Vetoes Lieutenant ission. Finance Comm Commission. Members of 1. Absolute Veto : Public Service on ni U e th the Election of of rs rs be be em em m M r Refusal of assent to any er and othe ion Commission bill. The bill cannot become Chief Elect her tribal areas. ot d an law, not with standing any Commission. es st ca d for the schedule rs ce fi of al vote of Parliament. ci Spe 2. Qualified Veto : A veto is qualified when it can be overridden by a higher majority What are the functions of National of the Legislature and the Bill can be Development Council ? enacted as law with such majority vote, The National Development Council was set overriding the executive veto. up in 1952. It is not a Constitutional body. 3. Suspensive Veto : A veto is suspensive The National Development Council is headed when the executive veto can be by the Prime Minister and the Chief Ministers overridden by the Legislative by an of all the states are its members. Since 1967, ordinary majority. the Administers of all the Union Territories 4. Pocket Veto : By simply withholding a are also given the membership of the National Bill during the last few days of the session Development Council. of the Legislature, the Executive can The main functions of National Development prevent the Bill to become law. council are
ade pointments m p A t n ta r o p im What are the ent ? by the Presid other ministers.
Advocate General. He receives the remuneration as the Governor determines. He have the right to speak and to take part in the proceedings of the legislature of the State but has no right to vote.
(1) to monitor the functioning of national plans from time to time. (2) to consider and approve the Five Year Plans inorder to ensure an all India and balanced perspective in the plans. (3) to suggest measure and ways for effectively achieving the targets of plans.
2) If the President return such a Bill to the State nt Assembly, a ue it Legislature for the reconsiderast on C e th 47 meeting of ented. Such 19 es , pr 14 e t er tion, with his message or direcus w ug A es itte In the va rious comm e Union th g in s, ht rm ig fo R r l tives the State legislature is refo ta men pr oposal ugust mittee on Funda A n om O C e e. te ud it cl m in quired to send back the Bill withCom committees D r. on Constitution ni h U it d w an d, e te te in it in 6 months after making modte e w as appo Powers Comm rs. A Draft ft ing C ommit be ra D em e m r th ifications or without modifica, he ot 47 9 x ith si 29, 1 ted to the irman along w it ha bm C e su th d an as tions. The President is however e ar mitte Ambedk ed by the com ar ep pr as w n not bound to grant his assent Constitutio 47. ovember 4, 19 N on to a Bill returned back to him y bl em ss A after reconsideration by the State Legisdelay the Bill for lature. The President may keep the Bill fourteen days. After the Money Bill is passed pending on his table for any period of by the Lok Sabha and the Rajya Sabha, it is time. presented to the President who unlike in the In short a Bill reserved by the Governor for case of other Bills, has no right to withhold it. the assent of the President will not become an Act in any condition without the assent of ? When is Joint Sitting held ? the President. It is an extraordinary device to resolve a dead
lock between the two houses over the passage of Bill. It is the President who summons the joint sitting and it is presided over by the Speaker of Lok Sabha. This device is applicable to ordinary bills and finance bills only. A dead lock over bills comes into being in the following situations. If the bill is rejected by the other House. It the Houses have finally disagreed as to the amendments to be made in the Bill. If more than six months have lapsed from the date of receipt of the bill by the other house without the bill being passed by it.
Does the Vice - President act as President during the period between the completion of the five year term of President and the election of the new President ?
According to Article 61 (1) the election to the office of the President must be completed before the expiry of the five year term of the incumbent President. However if the elections to the office of President have not been held before completion of such term, the incumbent President shall continue in office till his successor assumes charge of the office. Therefore, the Vice - President shall not get the opportunity to act as the President.
What are the powers of the President with respect to the Bills passed by state Legislature and reserved by the Governor for the assent of the President ?
Following are the main provisions with respect to the Bills reserved by the Governor for the assent of the President. 1) The may either grant his assent or declare that he withholds his assent.
What are the provisions for constituting Legislative Assemblies in Union Territories ?
The provisions for constituting Legislative Assembly in Union Territory can be made in the Constitution as and when need arises. At present the provisions of the Constitution provide for a 30 member Legislative Assembly for the Union Territory of Pondicherry. By
the 69th Constitutional Amendment, a 70 member Legislative Assembly was Relations Centre-State ides for the three fold distribuprovided for Delhi Article 246 prov (National Capital Schedule 7 and and the states. een the union tw Territory). But the be s er w po tion of ) over powers of these ists lly 97 subjects na gi ri (o ts Schedule 7 - L ec bj su of legislation. Legislative Assemblies t : Includes 99 clusive power ex s 1. Union Lis ha t en am li Par subjects) over are limited and are not which the Union (originally 66 ts ec bj su 61 equivalent to those of : Comprises gislation. 2. State list e powers of le iv us cl ex ects) on s ha e State Assemblies. By the ginally 47 subj ri (o which the stat ts ec bj su t list : It has 52 70th Constitutional ake laws. 3. Concurren the state can m d an e Union. on ni Amendment, these U e is vested in th which th It : 8) 24 . rt following Powers (A Assemblies were given transferred the 76 19 in 4. Residuary ct A t ion (2) dmen the right to participate in list. (1) educat The 42nd Amen e at st om fr st imals ncurrent li the election to the office tion of wild an ec ot pr subjects to co ) (4 ng tuti on and ghts & measuri of the President. just ic e, cons ti forests (3) wei of n io at tr is igh Courts. ) admin What are the distinct me Court and H re and b ir ds . (5 up S pt ce ex gislate all courts on and States le ni features of a U organisation of th bo if , st Howncurrent li on will prevail. si ci Constitution? de In the case of co s er rm , then the fo president and in the same item served for the re en be An analysis of the various d ha e law l prevail. ever, if the stat at state law wil definitions of a Constitution th en th , nt se as received his shows that the constitution has the following distinct Fifthly, it contains procedures for features: its own change which is generally quite different Firstly, it refers to a collection of those basic from the procedure for the enactment of laws which are more sacrosanct than the ordinary laws. ordinary laws. Sixthly, the Constitution generally contains a Secondly, the Constitution is not entirely statement of its objectives. written. Though a major part of the constitution Finally, the Constitution not only lays down the is generally available in the form of a written rights of the citizens, but also specifies the document, certain laws are also based on limitations on the authority of the government. customs, usages and conventions and form part ? The President & his Functions of the Constitution. Thirdly, the Constitution may be created by a The President of India is the head of the Union special body set up for the purpose or evolved Executive. The President is elected by indirect in course of time. election by an electoral college, in accordance with the system of proportional representation Fourthly, the Constitution determines the of single transferable vote. The electoral college structure of the main organs of government, shall consist of elected members of both houses the distribution of sovereign power between of Parliament, the elected members of the various authorities and the relations between Legislative Assemblies of the States and the the citizens and various organs of the elected members of the Legislative Assemblies government.
iii) Third National Emergency was proclaimed in 1975 on the ground of internal disturbance.
ed rebe n of India pr gression or arm ag The Constitutio al rn te ex , of civil war arising out ta tes hinery in the S ac m l na (Article 352); tio tu ti ns of failure of Co arising out (Article 356); rticle 360). nancial crisis (A fi to e Lieutenant Governors du g in is le 352 ar y Under Artic nc ge er . and Commissioners of Union m nt E de l si e Pre Nationa amenta l declared by th nd is fu y e nc th ge d er Territories. en m The E State ca n susp emer gency the e th Constitution. g in ur Members of Finance D I of the Indian II t ar P in for one month d re ly er on nf d co li va ts gh is Commission. ri President mation by the the Parliament. of es us Any procla ho Members of the Union th on oved by bo ases to operate ce d, ke vo unless it is appr re ss Public Service Commission. unle ncy provision, onths. m An emerge x si of od ri Chief Election of a pe hinery in states the expiration stitutional mac rt n po co re of a Commissioner and other re of ilu t fa ip e to rece Emergency du the President on n if io at at th tu si members of the Election es a at st is satisfied that Article 356 (1) , or otherwise, te Commission. ta S be carried in a of r no the State cannot of from Gover t en m orn pr ve n Special officers for the hich the go stitution, he ca has arisen in w y ns of the Con io an is n ov he pr w e e m th h scheduled castes and other may do the sa accordance wit The President directions y. y nc an , ge tribal areas. to er ct em fe is ef ve claim th y with, or to gi pl m co to ed il The President of Sta te has fa . on (Article 365) ni U e th India who is the Supreme by n give (Article 360) isis in the y cr l nc ia ge nc er na m Commander of the armed fi E a e is Financial ar e a ides that if ther cl ov de pr n n ca io nt ut it de st forces has the following The Con tr y, the Presi part of the coun fa r ha s never y so an y in powers: nc ge or er y tr m coun of E ncy. This type ge er m E al ci Right to declare Finan war and peace. been declared.
cies s of Emergen gencies: e p ty s u io r a v e types of Emer Define the llion ovides for thre
Attorney General of India. Comptroller and AuditorGeneral of India. Judges of the Supreme Court and High Courts including the Chief Justice. Governors of States.
of the Union Territories of Delhi and Pondicherry. Qualification for a presidential candidate are : Must be a citizen of India. Must have completed 35 years of age. Must be qualified to be a member of the Lok Sabha. Must not hold any office of profit. The following appointments are made by the President, The Prime Minister and on his advice other ministers.
Legislative powers which include nomination of 12 members to the Rajya Sabha and 2 Anglo- Indian members to the Lok Sabha. Right to address the Parliament. The tenure of the President is five years. The President takes the oath of office before the Chief Justice of India but his letter of resignation should be addressed to the VicePresident of India. The President shall be removed only through impeachment, applicable only for the violation of the Constitution. In case of a dispute related to the Presidential election, only the Supreme Court of India has jurisdiction
over it. With regard to vacancy a new President should be elected within six months. Under Article 72 President have power to grant pardons.
the Con d Guardian of an r te re ople. rp te In Final ights of the pe R l ta en m da un of the country. the F e genera l law th Guardian of of r te re rp te s. d Final In d criminal case Highest an in both civil an l ea pp A of rt Highest Cou
Under Article 123 President have power to promulgate ordinances during recess of Parliament.
social, economic and political justice, the Preamble emphasises the need for securing liberty, equality and fraternity for the Indian people. The liberty, would be of thought, expression, beliefs and faith, signifying political freedom and secularism. Equality is sought to be ensured on political, social and economic level thus besides adult franchise there would be equality of status and opportunity. Individuals self expression would be allowed freedom but within the limits of the overall objective of national unity and progress.
ls; Lists the e: States an h-Level Officia Fir st Schedul ig H r fo ts en ptroller ule: Emolum dges, and Com ju , ce fi of Sec ond Sched ic bl ? Identify the nature and cials holding pu salaries of offi a. d di te methods of Parliamentary In ec of for el eneral hs of offices at and Auditor-G O ; hs at O control over the Executive in le : For ms of Thir d Schedu Indian Polity. ya aj R e in th dges. mber of seats officials and ju nu e th of te n ta S io r Indian Parliament is ule: Allocat Parliament) pe Fourth Sched upper house of e th s te ta S vested with the power to control of Sabha (Council rol of nt . co over the Executive. The ry d to an ri n er T io at or Union r the administr g fo in s ed on ne si es vi Executive is collectively ib ro tr P d : as an Fifth Schedule ed Tribes (are ul ed ch S d responsible to the Lok Sabha. ); an as ions Scheduled Are tageous condit an dv sa in di s to ea e Thus it is assumed that the ar on du ation of tribal special protecti r the administr fo s working of the Union on si vi ro P e: Sixth Schedul d an Government is effectively , te ta t), S Assam. tr al governmen en (c on ni controlled by the Parliament. U ule: The . es ti li Seventh Sched bi si on sp However, in practice this l) lists of re Concurrent (dua guages. an L control is exercised only in the l ia n ic ff io O ss e: The reforms; the acce re nu te Eighth Sc hedul d an form of question on admini d an (l e: Article 31BNinth Schedul stration raised during the India) M emb er s of h r it w fo m ns ki io ik is S ov of question hour in the houses of ec ti on pr ule : A nt i- Def latures is eg L Parliament. Parliament also te Tenth Sched ta S e Members of th opment) el ev D has control over the revenue al ur Par liament and (R aj e: Panchayat R ul ed ch . S g) h in and expenditure of the nt nn Pla Eleve ipality (Urban ic un M e: ul ed Government. The Executive, Twelfth Sch cannot impose any tax without legislative sanction. If any tax is imposed without of law, single citizenship, besides, of course, legislative authority, the aggrieved person can basically giving the mode of Parliamentary obtain his relief from the courts of India. As Govern ment. for expenditure, the pivot of parliamentary The U.S. Constitution inspired in independence control is the Consolidated Fund of India. No of judiciary, judicial, funda-mental rights, money can be issued out of the Consolidated removal of Supreme and High Court judges. Fund of India unless the expenditure is authorised by an Appropriation Act. In fact, The Irish Constitution was the source for the Executive cannot spend the public revenue Directive Principles, method of president without parliamentary sanction. The Policy elections, nomination of members of Rajya Resolu tion of the Parliament are meant as Sabha by the President. From the Canadian supreme guidelines for the functioning of the Constitution was taken the idea of a federation executive Government. Parliament also specifies with a strong Centre, and placing residuary the manner in which certain specific powers powers with the Centre. The Weimer constitutionally granted to different authorities Constitution of Germany was the source of is to be exercised. provisions concerning the suspension of
fundamental rights during emergency, while the idea of a Concurrent List was taken from the Australian Constitution.
basic financial function of the parliament relates to the imposition of taxes and expenditure from consolidated funds of India. The Parliament can amend the Constitution but cannot alter its basic structure. The Parliament has internal autonomy to regulate its proceedings and act independ ently in internal matters.
matters of planning as well as some extent of financial self-reliance. One-third of the elected seats in the Gram Panchayat were reserved for the women. The most important fact concerning the Gram Panchayat had been concerning the financial powers. The eleventh Finance Commission has been asked by the President to devise the methods through which the Gram Panchayats could raise their fund as well as the devolution of revenue resources to them. The other important part of the Amendment is concerned with the constitutionality of the Plan, the Gram Panchayat passes for their local development. As per political scientists, the 73rd Constitutional Amendment is a milestone in the adminis-trative development of the country.
fixed at eight (including the Chief Justice). Every judge of the Supreme Court is appointed by the President. The judges hold office until they attain the age of 65 years. No minimum age has been prescribed for the appointment as a judge of the Supreme Court of India nor any fixed period of office. In order to be qualified for appointment as a judge of the Supreme Court, a person must be (a) a citizen of India and (b) either a distinguished jurist, in the opinion of the President, or (c) should have been a High Court Judge for at least five years. An advocate on a State High Court of ten years standing also qualifies for the post. The independence of the Judges of the Supreme Court has been secured by the Constitution in a number of ways. Our Supreme Court possesses larger powers than its American counterpart, in many respects. The law declared by the Supreme Court shall, be binding on all courts within the territory of India.
Court and disposed of. The Supreme Court enjoys ? ental Duties m a d n u numerous other F e th A of the What are powers including the ated as pa rt IV or rp co in is s sed on the D ut ie power of judicial t Act, 1976, ba F unda menta l en dm en m A duties the 42nd include eleven s ie review. The apex court ut D Constitution by l ta en model. Fundam l be the duty of through its power of former USSR by which it shal , te ta S e th ds towar judicial review, has of the citizens India. of ensured that the basic every citizen are: structure of the National Flag The ten duties and respect the n io ut it st on C Constitution is in any the 1. to abide by l Anthem; way vitated. io at inspired our and the N na e ideas which bl no e th ow ll and fo 42nd Amendment 2. to cherish ; le for freedom ru y of India; national st gg The jurisdiction of the ity and integrit un y, nt ig re ve e so 3. to protect th Supreme Court was t all the e country; th herhood amongs ot br 4. to defend sought to be severely on m m co the spirit of 5. to promote curtailed by the 42nd te culture; people of India; Amendment of the of our composi ge ta ri he ch ri the vironment; 6. to preserve Constitution effected in e the natural en ov pr im d an t inquiry; 7. to protec 1976. It is called as the per and spirit of m te ic if nt ie sc 8. to develop Mini Constitution. The al and public property res of individu he sp l al 9. to safeguard amending Act is a piece of in e wards excellenc 10. to strive to compreh-ensive legislation a parent ity. of India who is collective activ n ze ti containing 59 clauses and ci y er ev s child the duty of r education to hi fo s ie 11. It shall be it un touching upon varied rt po ovide op or guardian to pr and 14 years. constitutional issues. the age of six n ee tw be d ar or w The drastic impact of the 42nd Amendment Act briefly the far-reaching changes introduced by Mrs. was: Gandhi through this amendment were reversed (a) It narrowed down and fettered the scope by the Janata Government, by repealing them for judicial review of ordinary laws. (through the 43rd Amendment Act of 1977). (b) It devalued the Funda-mental Rights vis-aSome provisions of the 42nd Amendment, vis the Directive Principles. however, still stick (despite the Janata Governments bid to scrap them too), as a result (c) It effectively obviated the possibility of of opposition of the Congress Party in the Rajya judicial review of any Act for amendment Sabha. of the Constitution. (d) It virtually unsettled the original balance ? Relation between the Union and the between the various organs of the State. States This amendment had in fact effected a mini Despite the unitary characte-ristics and revolution, whereby Parliament sought to centralising tendencies, the Indian Constitution overthrow the supremacy of the Constitution is yet a federal Constitution of its own kind. and made itself supreme in its stead. Some of India is a diverse society with fundamental
underlining unity. The unity of India is firmly based on geography and deeply rooted in history. Criticism has become inevitable, in recent years, that the Union Government by virtue of its dominant position in the economic sphere, has left the States high and dry, and they have to constantly look to the Centre for financial assistance from time to time. The autonomy of the States having been thus eroded, some of them (especially those ruled by opposition parties) have been fighting hard to alter the picture. They have been pressing for greater autonomy, while demanding for a radical revision of the lopsided financial relations that subsist between the Centre and the States. The welfare activities of the States involving huge expenditure, coupled with recurring natural calamities, do call for an urgent revision of the financial provisions of the Constitution, in the light of the experience of 50 long years of our sovereign existence as a modern state.
comprehensively and categ-orically recommends a strong Centre for the proper functioning of the State. It also laid down wholesome guidelines for the application of Article 356 which was not to be exercised for the purpose of securing good government.
? Election Commission
Indian Constitution provide for an independent body called Election Commission in Article 324 for the conduct of fair and unpartial elections. At present, the Election Commission consists of a Chief Election Commissioner and two Deputy Commissi-oners. Generally they hold office for a term of six years or till the age of retirement. The main functions of the Election Commission are: (1) Prepare electoral rolls for the election to parliament and state legislatures. (2) Supervise, direct and controls elections of President, Vice-President, Parliament and State Legislatures. (3) Lays down general rules for election and
? Sarkaria Commission
The Sarkaria Commission, set up in June 1983 to study the Centre-State relations, has submitted its 1,500 page report. The report, which has now been published,
issues notification of dates and schedules of election. (4) Accord recognition to political parties and allot symbols etc.
Manipuri and Nepali were added to the 8th schedule by the 71st amendment. English is not included in the list.
? Family Courts
Family Courts were set up in the country under the Family Court Act passed in 1984. They aim to promote conciliation and secure speedy settlement of disputes relating to marriage and family affairs. These courts are set up in cities with a population of more than 10 lakh. Subtle family disputes are settled in an atmosphere of friendliness and consideration. The aim of the court is to strengthen family ties and bind people not to break them apart wherever possible. Internati onal Day of the Family is observed on May 15. 1994 was observed as the international Year of the Family by U.N.
? Finance Commission
The President constitutes a Finance Commission every five years. Article 280 of the Constitution provides for the appointment of the Finance Commission. It consists of a chairman and four other members to be appointed by the President. The Finance Commission makes recom-mendation to the President regarding the distribution of money between the Union and States and the net proceeds of taxes. The 11th Finance Commission was set up in 1997 under the chairm-anship of A.M. Khusro. It submitted its report. The 12th Finance Commission was appointed by the Govern-ment in 2002 under the chairmanship of C. Ranga-rajan. The 13th Commission was setup in 2007 under the chairman ship of Vijay Kelker.
? CAT
CAT is the Central Admin-istrative Tribunal. CAT was set up in November 1985 to provide speedy and inexpensive justice to Central Government employees in respect to their service matters. The tribunals are empowered to resolve disputes and complaints relating to recruitment and conditions of service of persons appointed to public services and posts in connection with affairs of the union Government. It has the jurisdiction, powers and authority of a court in specified matters.
? High Court
The High Court is the zenith of judiciary in the State. Jurisdiction of a High Court can be extended to more than one State. The Chief Justice is appointed by the President in consultation with the Chief Justice of the concerned High Court. The salaries are from the charged expenditure of the consolidated fund of the state. They retire at the age of 62.
helps other Ministers in their parliamentary work in the Houses; where as the Lok Sabha Secretary is an officer in the Lok Sabha who helps the Speaker in the conduct of business of the House. What constitutional provisions make the office of the CAG independent ? Under Art. 148 of the Constitution the CAG can be removed only upon an address from both Houses of Parliament, on the grounds of proved misbehaviour or incapacity and his salary and conditions of service shall be statutory which makes the office of CAG independent. What is the distinction between the Parliament and the Executive? Parliament is to legislate, advise, criticise and ventilate public grievances whereas the executive is to govern, albeit on behalf of the Parliament.
3. Right to freedom of religion (Art. 25-28) 4.Cultural and Educational Rights (Art. 29-30) 5. Uniform Civil Code (Art. 44)
Under Article 66 (1) of the Constitution, the VicePresident of India is elected by members of an electoral college consisting of the members of both the Houses of Parliament in accordance with the system of proportional representation by means of single transferable vote.
council The legislative Assembly. by Legislative d te ec el rs he (a) 1/3 mem ocal Bodies. rs elected by L be em m 3 1/ ) (b Graduates. by University d te ec el rs be (c ) 1/12 mem Teachers. bers elected by (d) 1/12 mem ernor. ated by the Gov in m no rs be em (e) 1/6 m
with the cases involving moral and ethical behaviour of the members of Lok Sabha and makes recommendation to the House for appropriate action.
(iii) If it is in direct opposition to the OPSP. (iv) If the Bill is of grave national importance; (v) If it endangers the position of High Courts, (vi) If Bill deals with compulsory acquisition of private property. (vii) Imposition of taxes on storage, distribution and sale of water or electricity. There are certain spheres where the Rajya Sabha alone has the authority. What are they? The Rajya Sabha alone has the authority on following matters: (i) initiating the process of removal of VicePresident [Art. 67 (b)] (ii) initiating the creation of new All-India Services [Art. 312(1)] (iii) authorising the Parliament to make temporary Union Legislation with respect to matters in the State List [Art. 249 (1)].
(iii) Judiciary (iv) The lists in the 7th Schedule (v) Representation of States in Parliament
(vi) Provisions of Art 361 How are the SC or ST notified ? The Constitution under Art. 341 and Art. 342 provides that the President in consultation with the State Governor concerned modifies the SC/ ST list in respect of each State. The non-federal features; of Indian Constitution are: (i) Though called Council of State, Rajya Sabha has representation from two Union Territories also i.e. Delhi and Puducherry. (ii) Indian States are not represented in the Rajya Sabha on the principle of equality of States like in any Federation but on the basis of population. How is a Legislative Council created or abolished? Under Art. 169 of the constitution the Legislative Council of a Slate is created or abolished to Parliament by law on the basis of a resolution passed by the Legislative Assembly of the State for the said purpose. Why to have second chamber ? (i) Upper House exists to prevent hasty legislation that may be passed by the Lower House. (ii) To provide representation to people whose expertise can be used for administration of the State who do not wish to go through the normal process of election. When is the device of Joint Sitting of both the Houses of Parliament not available? The device of joint sitting of both the Houses of Parliament is not available if the deadlock between the two Houses is over a Money Bill [Art. 108 (1)] or a Constitution Amendment Bill [Art. 368].
to the Supreme Court. While, Art. 226 is related to the enforcement of any right and the petition is made to High Court.
What is in Art. 31 B? To protect agrarian reform measures, Art. 31 B was inserted in the Constitution. It provided that acts and regulations included in the 9th Schedule shall not be void on grounds of inconsistency with or violation of any of the Fundamental Rights.
What is the 85th constitution amendment Act ? This act substituted in clause 4-A of Art. 16 for the words in matters of promotion of any class with the words in matters of promotion with consequential seniority to any class. What is the importance of the 84th Amendment of the Constitution? The 84th Amendment of the Constitution is for delimitation of the territorial constituencies for both the Lok Sabha and State Legislative Assemblies on the basis of 1991 census to remove the imbalance caused due to uneven growth of population in different constituencies. What is the importance of the 94th Amendment of the Constitution? Article 164(1) was amended by the 94th Constitution Amendment Act which freed Bihar from having a Minister of tribal Affairs and included Clihattisgarh and Jharkhand with Madhya Pradesh and Orissa mandating to have a Minister of Tribal Affairs. Which Constitutional amendment recently added four new languages in the 8th schedule of the constitution? Name the languages. The Constitution 92nd Amendment Act' 2003 added four new languages Dogri, Santhali, Maithili and Bodo in the 8th Schedule of the Constitution, which increased the number of languages 13 twenty two.
Why is Art. 32 considered as the cornerstone of the Constitution ? Art. 32 provides institutional framework for the enforcement of the Fundamental Rights. Art. 32 ensures that neither the legislature nor the executive can browbeat anyone. Difference between Art. 32 and Art. 226? Article 32 is related only to the enforcement of Fundamental Right and the petition is made
State the amplitude of Art. 21 of the Constitution? ission. Art 21 is the anguage comm e: L e th f o s n io ct ar ? Fun foundation stone of all age Commission ns of the Langu al purposes. io ci ct fi un of F r fo the Fundamental Rights Hindi of e us e th g in cial purposes. (a) Promot (part-III) of the English for offi of e us e High e th g e Court and th m re (b) Restrictin up S in Constitution. A ed ge to be us (c ) The langua legislation taking away uage of the Courts. e official la ng th g in life and personal liberty rd ga re r een the matte munication betw m (d) Any other co of must meet the ge ua lang Union and the requirements of Art. 19 tates. S e th Union and (1) (a) that is right to freedom and expression ? What is the special facility provided to the So, the procedure Linguistic Minorities under Art 350 A? prescribed for such deprivation must not be arbitrary, unfair or unreasonable. Art. 350 A inserted by the Constitution 7th (Amendment) Act. 1955 enforces upon every What is the purpose of Art. 24 of the state and every local authority within the state Constitution of India? to provide adequate facilities for instruction The purpose of Art. 24 of the Constitution of in the mother tongue at the primary stage of India is to prohibit employment of children education to children belonging to linguistic below 14 years of age in hazardous jobs. This minority groups. provision is in the interest of public health and safety of the lives of children. ? How is citizenship obtained ? What are the provisions regarding services There are five modes by which Indian in Constitution ? citizenship can be obtained are: Art 98 : Secretariat of Parliament (i) By Birth Art 146 : Offices and servants of the (ii) By Descent Supreme Court (iii) By Registration Art 148 : Persons serving the Indian Audit (iv) By Naturalisation and Accounts Department Art 187 : Secretariat of State Legislature. (v) By Incorporation of territory Art 299 : Contracts ? How is citizenship lost? Art 312 : All India Services. Indian Citizenship is lost What is the enquiry under Art 311 (i) By Renunciation dispensed with ? (ii) By Termination (a) When the person has been convicted on a criminal charge (iii) By Deprivation (b) When the appropriate authority records ? Who are eligible to cast ballot by Post? in writing for it. (i) Civil Servant on election duty. (c) When the person or the Government as the case may be is satisfied that in the (ii) Defense Personnel posted in forward interest of the security of the State it is areas. not expedient to hold such an enquiry. (iii) Indian citizens of Indian Diplomatic
Missions and their family memebers. (iv) Persons detained under preventive detention law. (v) Any other person authorised by Election Commission of India. What is the status of the Right to Property in Indian Constitution? Though right to Property was a Fundamental Right, it was converted into a legal right under Part XII (chapter IV) Art-300 A. of the Constitution through 44th constitution Amendment Act 1978. What are the functions of the Human Rights Commission of India? The Human Rights Commission of India formed under the Protection of Human Rights Act 1993, is a Statutory body which inquires into complaints of violation of Human Rights and negligence in prevention of such violation by a public servant and takes steps to promote Human Rights. Distinguish between Central Services and All India Services All India Services are Constitutional (Art. 312) whereas Central Services are non-constitutional. All India Service officers serve both the Centre and the Stares (where as) Central Service officers serve only the Union. What is the content of the 10th Schedule of the Constitution ? The 10th schedule of the Constitution [Art. 102 (2) and 191 (2)] contains the Anti-Defection law that was introduced through the 52nd Constitution Amendment Act 1985 and further amended by Constitution 91st Amendment Act' 2003. Define Financial Emergency. How many times has this been proclaimed so far? Under Article 360 of the Constitution Financial Emergency is a proclamation by the President of India that a situation has arisen whereby the financial stability or credit of India or any part of the territory thereof is threatened. So far, this has not yet been proclaimed.
Government
Government includes any mechanism through which ordered rule is maintained. Thus, the core functions of government are to make law interpret law (adjudication).
Casting Vote
The Chairman or Speaker or person acting as such, cannot vote in the first instance but can exercise a casting vote in the case of an equality of votes on any issue in the House,
Ordinance
Under Art. 123 of the Constitution, the President is empowered to promulgate ordinances when both Houses of Parliament are not in session and he is satisfied that a situation has arisen that requires immediate action. It has the same force and effect as laws made by Parliament.
Cabinet
The inner circle of the Council of Ministers which includes Ministers with Cabinet rank and the Prime Minister which discusses all the policies of the Government before introducing them in the Legislature.
Veto
Veto is a right given to some members of a body through which these members can override or obstruct a majority decision of that body.
Caretaker Government
It is the Government in the interregnum which comes into existence as soon as the Council of Ministers resigns or looses confidence or the Prime Minister dies. It lasts till the next Council of Ministers is formed. It is a Constitutional necessity under Article 74.
Chief Whip
An Official appointed by a political party from amongst its members in the legislature to regulate and monitor the behaviour of its members in the legislature.
Leader of Opposition
The Leader of the largest opposition party having at least 1/10th of he strength of the Lok Sabha enjoys the rank of a Cabinet Minister and is called 'Leader of Opposition'. In moments of crisis, he is expected to cooperate with the Government.
Bi-cameral Legislature
It means a legislature consisting of two Houses; the Upper House and the Lower House. The Lower House is called as popular House as its Members are elected directly by the people.
Special Majority
A majority of the total members nip and a majority of not less than two-third of the members of the House present and voting in both the Houses of Parliament.
Deadlock
When the Houses of Parliament finally disagree over the passage of a Bill where they enjoy equal legislative jurisdiction it is called a deadlock between the Houses of Parliament.
Quorum
Minimum required number of members to be present to validly transact the business of the House is called Quorum. It is one tenth of total number of members of the House including Speaker.
Joint Sitting
Under Article 108 of the constitution when there is a deadlock between the Houses, the President summons the members of both the Houses to sit together and vote on the disputed Bill. The speaker of Lok Sabha Presides over this sitting. Joint Sitting is summoned only for Ordinary Bills.
Recess
The period between the prorogation of Parliament and it's re-assembly in a new session is termed as recess.
Speaker Pro-tem
As soon as the new Lok Sabha is constituted, the President appoints a Speaker Pro-tem who is usually the senior most Member (in terms of number of years served in the Lok Sabha) of the House. He administers the oath to the newly elected Lok Sabha Members and presides over the election of a new Speaker.
Privileges
Privileges are certain rights belonging to each House of Parliament collectively and some others belonging to the members individually without which it would be impossible for either House to maintain it's independence of action or the dignity of it's position
Substantive Motion
A substantive motion is a self contained
independent proposal submitted for the approval of the House. It is drafted in such a way as to be capable of expressing the decision of the House.
Devolution of Power
It is the transfer power from central government to subordinate regional institutions Devolved bodies ha/e no share in sovereignty; their responsibilities and powers are derived from, and are conferred by the centre.
Subsidiary Motion
They are related to other motions. They by themselves have no meaning and are not capable of stating the decision of the House without reference to the original motion or proceedings of the House.
Calling Attention
It is a notice by which a member with the permission of the Speaker calls the attention of a Minister on any matter of public importance and the Minister may make a brief statement or ask for time to make a statement at a later hour or date. It is an Indian innovation.
Motion
A Motion is basically a proposal brought before the House for eliciting decision or expressing the opinion of the House. Every question to be decided by the House must therefore be proposed by a Member as a Motion.
Government Resolution
Resolutions moved by Ministers generally seeking approval of the House on international agreements, treaties or conventions to which Government is a party.
Perjury
It is the act of lying or making verifiably false statements on a material matter under oath or affirmation in a Court of Law or in any of various sworn statements in writing it is considered a serious offence as it can be used to usurp the power of courts, resulting in miscarriage of justice.
Confidence Motion
The rules of Parliamentary procedure in India does not provide for a Confidence Motion. It has come in vogue with the emergence of coalition politics. Under this, the Government itself brings a Motion seeking the confidence of the Lok Sabha.
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Closure
Closure is a procedure in Parliament adopted to wing a debate to an abrupt end and to seek a vote on the issue being debated. It is also applied to accelerate passage of Bills. Thus, it is not conducive to a healthy democracy.
Policy Cut
Cut Motion which says that, "the amount of the demand be reduced to 1" rupee is called Policy Cut. It implies that, the mover disapproves the policy underlying the demand.
Federalism
It usually refers to legal and political structures that distribute power territorially within a state. Federalism requires the existence of two distinct level of government, neither of which is legally or politically subordinate to if other.
Whip
Directive issued by a particular functionary of a Political Party to it's legislatures to vote in favour or against a particular issue on the floor of the House. Violation of Whip by a legislature invites disciplinary action under Anti-defection Law. Bill Bill is a draft legislative document. On enactment, it becomes an Act and assumes legally binding character.
Written Constitution
A single authoritative document that allocates duties, power and functions amongst the institutions of government and so constitutes higher law.
Ordinary Bill
Any Bill other than Constitution Amendment Bill, Money Bill and Finance Bill is called an Ordinary Bill. It can be introduced in either House of Parliament. Both the Houses enjoy equal legislative jurisdiction over it.
Contingency Fund of India [Art. 267] It is a statutory fund to meet the unforeseen expenditures. The fund is placed at the disposal of the Finance Secretary on behalf of the President.
Budget
Under Article 112 of the constitution at the beginning of every financial year, the President shall in respect of the financial year, cause to be laid before both the Houses of Parliament a statement of the estimated receipts and expenditure of the Government of India for that year. This is called Annual Financial Statement or Budget.
Repeal
To annul or setaside one legislative act by another legislative act is called Repeal. When an act is repealed it is considered as if it has never existed. But those transactions passed or completed are considered valid.
Guillotine
Due to paucity of time if the Lok Sabha adopts me demands for Grant of various Ministries without any discussion on them then it is called application of "Guillotine".
Repugnancy
An inconsistency or incompatibility between 2 or more provisions of the same written instrument is called Repugnancy.
Charged Expenditure
Those expenditure that are drawn from the Consolidated Fund of India without the approval of Government. It is provided by the Constitution itself to be incurred by the executive. Art. 112 (3) contains expenditure which are declared as Charged Expenditure.
Court of Record
Being a court of record implies that its records can be used as evidence and cannot be questioned for their authenticity in any court.
Double Jeopardy
The expression is used in American Law but not in Indian Constitution. But under Art. 20 (2) of the Indian constitution, a similar principle is laid down under which a person cannot be punished for the same offence more than once.
Coalition
A coalition is a grouping of diverse political parties brought together either through the perception of a common threat or the recognition that their goals cannot be achieved by working separately.
Judicial Activism
The assertive role played by the judiciary to force the other organs of the State to discharge their Constitutional duties towards the public.
Token Grant
It is granted when funds to meet the proposed - expenditure on a new service can be made available by reappropriation. It does not involve any additional expenditure.
Judicial Review
The power of the Court to hold unconstitutional any legislative enactment or executive order that it deems to be inconsistent with the basic law of the land.
Prerogative Writs
Prerogative writs are one of the English
common laws which refer to the extra ordinary writs granted by the Sovereign as fountain of justice on the ground of inadequacies of ordinary legal remedies.
Zonal Councils
Created under States Reorganisation Act 1956, the objective of Zonal Council is to deal with inter- state disputes, prevent parochialism and promote mutual interest between these states.
Mandamus Means a command". Under this, the court orders the person to whom its addressed to perform some public or quasi-public legal duty which he has refused to perform and the performance of which can not be enforced by any other adequate legal remedy.
Floor Crossing
The practice of floor crossing refers to the defection of a Member of Parliament from the Party he was elected, to another Political Party.
Chief Secretary
The Chief Secretary is the administrative head of the state administration. As the chief coordinator of the state secretariat and other administrative departments and as head of civil service, he is pivot of the state governance system.
Electoral College
It is a group of people who have been specially appointed/ nominated/elected in order that they should hold an election for a political office. It thus constitutes a way of making election to some significant position of power indirect rather than direct.
Preamble
The Preamble in general is a very comprehensive expression of the philosophy on which the whole Constitutional structure of a country is based. It sets out the main objectives which the legislature is intended to achieve. In is an essential feature of a written constitution.
By -Election
By - Election is a mid - term election to fill up one or few constituencies which have become vacant due to resignation, death or otherwise before the completion of the full term of the representative.
Delimitation
Delimitation means redrawing the boundary of Lok Sabha and Legislative Assembly constituencies on the basis of last published census, in such a way that all the constituency have more or less equal electoral strength.
Fundamental Rights
Those rights of an individual which are most indispensable assets for the attainment by an individual of his fullest intellectual, spiritual and physical stature. Human Rights As per the Protection of Human Rights Act 1993, ""Human Rights" means the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the international covenants and are enforceable by Courts in India.
Buffer State
A small State lying between potential hostile larger States reducing the likelihood of open hostilities and lessening the risk of war.
Iron Curtain
A term coined by Churchill. It is applied to such countries which do not give other countries any information concerning their affairs.
Begar
Under Article 23 (1) of the Constitution 'Begar' means "labour or service extracted by the
Snap Poll
Refers to mid - term election which are held
Brain Drain
Brain Drain is a situation in which qualified and trained human resources such as technicians and scientists migrate to other countries in search of better opportunities and careers. Thus, the country which has invested heavy resources suffers and its development is undermined.
Budget year
The Budget year refers to the financial year which in India Commences on 1 April and ends on 31 March of the following year. The present financial year was first adopted in India in 1860.
Gerrymandering
Unethical political practise by a ruling party to demarcate the electoral constituencies in a manner which ensures election of more candidates of the ruling party.
Bandh
This is pressure technique to highlight some issues, in which a political party or pressure group gives call for the closure of shops, government offices, schools and other activities for a certain period. Bandh is organised to protest against the policies and programmes of the government.
Hung Parliament
After General Election, when no Political Party or combination of Parties is in a position to form a majority Government, the Parliament of such a nature is Hung Parliament.
Curfew
Curfew is an extraordinary step taken by the government to impose restrictions on the movements of people in order to restore law and order in a place. The curfew is imposed for a fixed time or indefinite period and the same is announced to the affected people.
Referendum
Referendum gives the final authority to the people to accept or reject the proposed law or Constitutional Amendment of the legislature.
Interim Government
Formed during the transition phase of the history of a country, it is a full-fledged Government and it has power to take any political decision in the larger interest of the Country.
Coup detat
Violent or illegal change or overthrowing of government by a group of people is called coup detat. The success of coup depends on as to what extent government authority has been captured by the group or people.
Minority Government
Government which does lot enjoy the confidence of the Lok Sabha on its own but thrives on the support extended by other political parties from outside the Government.
Embargo
It refers to imposing restrictions on the movements of ships of other countries by a country in her territorial seas and harbours. The Embargo is imposed during war against the ships of enemy country. There are specific rules of International Law which regulate the imposition of Embargo.
Privilege Motion
This Motion is moved by a Member if in his opinion any Minister or any of the Members commits a Breach of Privilege of the House by withholding any fact or by giving a distorted version of facts.
Hot Line
It means exclusive line of communication established between two countries in order to facilitate direct communication without any obstacle between leaders of these countries.
The Hot Line is not open to general public. Its purpose is to facilitate direct communication between top leaders of two countries in crisis or other urgencies.
Snap poll
This refers to mid - term elections which are held within a short notice as a result of sudden and surprising dissolution of the Legislature. The elections of 1971 after the dissolution of the Lok Sabha is an example of snap poll.
Martial Law
If the civil administration fails to enforce law and order in an area, the same is handed over to the Army and its administration is carried out in terms of military laws. This is called enforcement of Marital Law.
Territorial waters
The term refers to the extent of territorial jurisdiction of a country in a adjacent sea waters. In terms of present principles of International Law, the territorial waters of a country extend upto 12 Nautical Miles from its land boundary. Thus, a country can exercise all sovereign rights in the territorial waters up to 12 Nautical miles.
Manifesto
It refers to a document of political parties, listing their policies and programmes and their achievements and it is released to general public before every general election.
Privy Purse
After independence, many princely states were merged with the Indian Union on the condition that the Government of India will pay some fixed amount of money on annual basis to the rulers of such princely states. They payment of this money is called privy purse. The provision of privy purse was made in order to compensate rulers of princely states for the loss of revenue suffered by them due to merger with India. The payment of privy purse was stopped in 1971 by the government.
Universal Suffrage
The term denotes providing voting rights to all the adult people of a country without any distinctions of caste, creed, colour, religion, etc. The principle of universal suffrage is the basis of modern democracies.
Red Tapism
Traditionally the paper files used in official work of government were tied with a red tape. Thus, red tapism refers to undue delay in the movement of files or official business due to bureaucratic hurdles at various levels. The undue delay in official transactions and procedures defeats the very purpose of government policies and programmes.
Referendum
This is a method of collecting peoples opinion on a controversial issue. This is conducted to feel popular reaction on an issue of public importance. The difference between Plebiscite and Referendum is that the former is organised to know peoples view in order to decide very important political and constitutional questions.
Repatriation
It means returning back of people (refugees) or sending back of war prisoners to their own country from/by another country. For example, India is gradually repatriating Chakma refugees to Bangladesh.
Supreme Court Qualifications for appointment as Governor have been stated under Article 157 The age of the retirement for the judges of the High Court is 62 years The provision for suspension of the enforcement of the rights conferred by Part III during emergencies has been made under Article 359 The Writ which literally means we command is Mandamus is the highest legal adviser to the Government of India. Attorney General of India decides the question of disqualification of a member of the Lok Sabha. Speaker The time gap between two sessions of the Parliament should not exceed six months The residuary powers under the Indian Constitution rest with the Parliament The Prime Minister is responsible to the Lok Sabha National Integration Council is chaired by The Prime Minister The credential of all Ambassadors or High Commissioners of foreign countries are received by The President
No money bill can be introduced in the Legislative Assembly without the recommendation of the Governor Any dispute between the two houses of the Parliament can be resolved by joint sitting of both the houses summoned by the President The provisions as to disqualification on grounds of defection by a member of Parliament are contained in 10th schedule The minimum number of members that must be present to hold the meeting of the Lok Sabha is 1/10 of the total membership of the house The number of members of a state Legislative Assembly cannot be more than
500 The proclamation of national emergency ceases to operate unless it is approved by the parliament within one month The first no confidence motion was moved in the Lok Sabha after independence was in the year 1963 A bill for alteration of boundaries of states shall not be introduced in the Parliament without the recommendation of The President The Supreme Court passed the special judgement that the basic tenets of our constitution cannot be changed by the Parliament by any amendment, in the case. Minerva Mills Ltd. & others A member of Parliament will lose his seat if he remains absent from all meetings without permission for a period of days. 60
Judges of the Supreme Courts cannot practice, after retirement, in any courts in the country If the Finance Minister fails to get the annual budget passed in the Lok Sabha, the Prime Minister should be expected to submit the resignation of his/her cabinet The name of an Indian State can be changed by
the Parliament of India The Finance Commission is a body. Quasi-Judicial The article which lays down the amendment of the constitution is 368 The introduction of no confidence motion in the Lok Sabha requires the support of at least members. 50 Betting and Gambling is included in list. State Prisons are included in list. State According to the Indian Constitution, the ministers shall hold office during the pleasure of the Prime Minister of India The function of a Public Service Commission in India is Advisory In of the constitution, reference to Hindus shall include a reference to Sikhs. Article 25 Raja Chellayya Committee dealt with tax reforms The Constituent Assembly of India took all decision by consensus
The Amendment procedure of the Indian
Constitution has been modelled on the constitutional pattern of which country? South Africa . How many languages have been recognised by the Constitution of India under 8th Schedule. 22 The provision for a Consolidated Fund of India and Consolidated Fund for each state has been made under which article? Article 266 The basic aims and objectives of the constitution are discussed in The preamble Which Article was described as the heart and soul of the constitution by Dr. Ambedkar? Article 32 Name the words which were added to the Preamble by the 42nd Constitutional Amendment. Socialist, Secular, integrity On whose recommendation was the Constituent Asse-mbly formed? Cabinet Mission To whom does the Public Accounts Committee submit its report? The Speaker of the Lok Sabha, Who is the executive head of a state in the Indian Union? The Governor If a state is under Presidents rule, then the state Budget is passed by whom? The Parliament By how many years has the 62nd Amendment of the Constitution in 1990 extended the reservation for persons belonging to SC and ST in Public Services? 10 years What is the power of the Rajya Sabha in regard to money bills? It can only withhold the bill for 14 days to make recommendations
6 Name the Union Territories which have a legislature and a Chief Minister? Puducherry and Delhi Which state in India has the largest membership in its Legislative Assembly? Uttar Pradesh Who finances the Village Panchayat? State Government Freedom of the Press is guaranteed under which Article? Article 19 (1) Who is legally competent to declare war or conclude peace? The President How many times has a national emergency been declared so far by the President? Thrice Which parliamentary comm-ittee in India is normally chaired by a prominent member of the opposition? Public Accounts Committee What is contained in the Tenth Schedule of the Constitution? Provisions regarding disqualification on grounds of defection How many times can the President of India seek re-election to his post? Any number of times How many committees were set up by the Constituent Assembly for framing the Constitution of India? 13 Name the article which empowers the President to appoint the Prime Minister of India. Article 74
Death sentence In which year was voting age reduced from 21 to 18 in India? 1989 A party in India in order to be recognised as official opposition in the parliament should have at least how many seats? 1/10 th of the elected members of the parliament
Public Accounts Committee Extradition is included in which list? Union List Through which resolution, the Lok Sabha brings a change in the Government? No Confidence Motion What is the maximum number of starred questions that can be asked in Lok Sabha on a particular day? 20 How long does a national emergency duly proclaimed and approved by the Parliament remain in force? Until repealed States earn more revenue directly through which tax? Sales tax In the case of subjects not mentioned in any of the three lists, the power to make laws rests with whom? The Union Government In which year the state reorganisation Bill was passed by the parliament? 1956
The Constitution (86th Amendment) Act, 2007 has inserted ion the constitution a new article 21 A after article 21. The new article 21 A after article 21. The new article 21 A deals with Right to Education. It reads - The state shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may by law, determine. Substitution of new Article for Article 45. For Article 45 of the Constitution, the following Article shall be substituted, namely, provision for early childhood care and education to children below the age of six years. Article 45 : The state shall endeavour to provide early childhood care and education for all children until they complete the age of six years. Article 51 A of the Constitution was amended and a new clause (k) was added after clause (j) namely K who is a parent or guardian to provide opportunities for education to his child or as the case may be, ward between the age of six and fourteen years.
influence has been shrinking his areas of influence are growing day by day. The main factors influencing the emergency role of the collector are (a) Democratic set up in the country. (b) Various attempts at de-centralization (c) Increasing Developmental Responsibilities (d) Increase in Public consciousness The promulgation of the new constitution has weakened the position of collector. Article 50 envisages for the separation of executive and judicia ry powers. There are now separate Judicial Officers in the district and therefore the collector no longer holds the same judicial a uthority a s he did ea rlier as a District Magistrate. The emergence of political parties has diminished the importance of the office of the Collector. Parties have become an extremely important channel of communication between the government and people and the collector is more than often side tracked while ta king decisions affecting common man. The introduction of new technica l departments like Agriculture, labour, irrigation, cooperatives etc. together with officers who head these departments at the state level, have all led to diminishing of the authority of the collector. Some of the technical departments are headed by specialists and are independent of collector. The democratic decentralisation in the form of Panchayat Raj Institutions has further eroded the powers of the collector. The Zilla Parishads ha ve emerged as sepa ra te power centres independent of the collector. At present the portfolio of the Collectors office generally includes the following functions and activities. He acts as the Head of Land and Revenue
The District Collector is the officer in charge of the administration at the district level. The Collector, as the hea d of the district administration, occupies a unique position in the Indian Administrative System. Though he has been appointed by Central Government, he works under the supervision of sta te government. The institution of District Collector was first established in 1772. The nature of the role of the District Collector has been constantly changing since independence. Though his
Administration, including responsibility for District Finance (expenditure and audit). The Collector handles all matters connected with land reforms and revenue administration (including custody of government lands) Collector acts as the district head of the Executive Magistracy and over all supervision of law and order and security and some say in the police matters. It is the officer in over all charge of Law and Order and internal security in the district. The collector is the licensing and regulatory authority under various special laws such as Arms and Cinematography Acts etc. in the districts. He acts as the officer-in-charge of Disaster Management. The Relief / Disaster Management branch of the Collectors Office deals directly with these functions. The Collector is the District Election Officer for Parliament, State Legislature and Local Bodies. In most States, the collector has a direct role to pay in the functioning of the Food and Civil Supplies Department at the district level. He overseas the implementation of the Public Distribution system and has powers to enforce provisions of the Essential Commodities Act and related Rules and Orders. The collector plays a very critical role in the execution of welfare programmes such as those relating to disability, old age pension etc. either through direct superintendence or through over sight. The collector plays a very critical role in the execution of welfare programmes such as those relating to disability, old age pension etc. either through direct super intendence or through oversight. The collector is the principal Census Officer. One of the most important roles of the
collector is to coordinate activities of other agencies or departments at the district level. Though may activities of Agriculture, Irrigation, Industry etc transferred to Panchayat Raj Institutions and local bodies, the Collector still has some role in many of these programmes. He chairs meetings of various committees of Agriculture, Animal Husbandary Veterinary, Sericulture, Handlooms, Textiles, Irrigation and Industries departments. He also reviews their activities in monthly or bimonthly meetings and coordinates among the departments. The Collector acts as a guardian of public lands with the responsibility to prevent and remove encroachments which are often a source of tension between vested interests and the district administration. He landless issues of local cadre management such as recruitment, in service training and promotion. He acts as the Chief Information and Grievance Redressal Officer of the district. Though, a ma jor pa rt of the Huma n Resource Development is transferred to the Panchayat Raj institutions, the District Collector has been retained as Chairman in some of the district level committees. The District Collector has specific powers entrusted to him under several Union and State enactments. These statutory powers have to be exercised with care and responsibility. Thus the collector is responsible for a multiplicity of tasks at the district. He will have the role of a coordinator, facilitator and a person who is responsible for inter sectorial coordination of various activities that characterise the work of our grass roots administration. He is the functiona ry who would provide overa ll leadership in the district in the task of nation building. Hence, the collector would remain a key figure in the scheme of administration at the field level.