Constitution of India

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Indian Constitution:

1) Explain the privileges and immunities of parliament and its


members.

Ans: There are two types of privileges: “Privileges that are


enjoyed individually by the members of the parliament” and
“Privileges that are enjoyed by the members collectively as
the part of the parliament”

Individual Privileges of members:

 Freedom of speech in parliament.


 Freedom from arrest: No member can be arrested in any
civil case 40 days prior and post the adjournment of the
house and when the house is in session.
 Freedom from appearing as a witness: Special Privilege to
enjoy exemption from attending court as a witness.
 Power to make rules of procedure: Under Art 118, each
house and its members has the power to make rules and
regulates its proceedings and conduct its business.

Privileges enjoyed collectively as part of Parliament:

 Right to prohibit the publication of proceedings:


Proceedings can be published only if it reflects the full
truth with utmost transparency or else no protection is
granted.
 Right to exclude strangers: Members of the house can
exclude strangers who are not members of the house.
 Right to punish members and outsiders for breach of its
privileges.
 Right to regulate the internal affairs of the house.
2) Describe in brief the various writs that can be issued by a
high court In India?

Ans: There are 5 types of writs that can be issues by a high


court:

 Habeas Corpus: Issued by court (IBC) when a person is


illegally detained. It dictates that a detained person
must be presented in front of the court by the authority
who has detained the person, providing valid grounds. If
no valid grounds are found, the detained shall be
released immediately by court.
 Mandamus: Superior court orders the inferior courts to do
an act or to abstain from doing an act.
 Certiorari: This is issued when the superior court wants
to decide a matter in the case itself or if there is an
excess of jurisdiction by the inferior court. This Writ
can also be issued when there is a fundamental error in
the procedure followed by the inferior court or if there
is a violation of the principles of natural justice.
 Quo Warranto: IBC to a private person when he assumes an
office on which he has no rights. Quo Warranto means “By
what authority”.
 Prohibition: Issued by superior courts to an inferior
court or tribunal to stop them from deciding a case
because they have no jurisdiction over it.
3) Discuss in brief the collective responsibility of the
council of ministers.

Ans: In India collective responsibility implies two things:

 All Council of Ministers must publicly support all


governmental decisions.
 All ministers are collectively responsible for their work
towards Lok Sabha.

This further implies the whole Council of Ministers will


work as a team. No minister can express their views against
the decision of the Cabinet. This further implies every
minister will have an equal sort of responsibility towards
Lok Sabha. The article 74 of the constitution says that
every union minister will be responsible for their work
towards Lok Sabha, if a member of a cabinet wants to openly
object the Cabinet’s decision, then they are asked to resign
from the Cabinet.

4) Describe the powers and functions of the Supreme Court of


India.

Ans: The Supreme Court of India is the country’s highest


judicial code. It is the final court of appeal in the country.
The functions of the Supreme Court include the following:
 It considers appeals against the verdicts of high courts
other courts and tribunals.
 It settles disputes between various government
authorities, state governments, and the centre and any
state government.
 It also here matters which the president refers to it in
its advisory role.
 The SC can also take up cases suo moto (on its own).
 The law that SC declares his binding on all the courts in
India and on the union and the state governments.

5) Describe the composition and functions of the Union public


service commission.

Ans: The Union Public Service Commission (UPSC) consists of a


chairman and ten members. The terms and conditions of service of
the chairman and members of the commission are governed by the
Union Public Service Commission regulations, 1969.

The major functions of the UPSC under Article Section 320 of the
Constitution of India are:

 To conduct various examinations for the appointment to the


services of the union.
 Direct recruitment by selection through interviews
 Appointing Department officers on promotion, deputation and
through absorption.
 Constituting and amending the recruitment rules for various
services and posts under the government.
 Disciplinary cases relating to different civil services.
 About any member related to the UPSC, they can directly
recommend the government by the president of India.

6) which article of the Indian constitution is referred as heart


and soul of the Indian constitution and why?

Ans: Dr BR Ambedkar described the right to constitutional remedy


as the heart and soul of Indian Constitution, because, when any
of our rights add violated, we can seek remedy through codes. If
it is a fundamental right, we can directly approach the Supreme
Court or the high court of the state. Or if any act of
legislature or executive takes away or limits any of the
fundamental rights it will be invalid. We can challenge such laws
of the central or the state government in the Court of law.

7) what is a Zila parishad? Point out the limitations of it.

Ans: The Zila Parishad is an official body that coordinates the


activities of the panchayat in all its developmental activities,
such as minor irrigation works, vocational and industrial
schools, village industries sanitation and public health among
others.

8) what is a zila parishad? point out the limitations of it.

9) How is the chief minister of a state elected in a democratic


system as per the Indian constitution. Discuss.

Ans: The Chief Minister of a state is elected through a majority


in the legislative assembly of the state This is procedurally
established by the vote of confidence in the legislative assembly
as suggested by the governor of the state who is the appointing
authority. They are elected for five years. The Chief Minister
shall hold the office during the pleasure of the governor.
According to the result of the election contested in the state in
the state legislative assembly, the governor invites the party or
the coalition with the majority of seats for the formation of the
government. The Chief Minister then is appointed by the governor.

10) what is preamble? Is it a part of the constitution? can it be


used for interpretation of the constitution? Also explain its
significance.

Ans: the preamble of the Constitution of India is a brief


introductory statement that sets out the guiding purpose and
principles of the document and it indicates the source from which
the document which derives its authority meaning the people. It
was adopted on 26 November 1949 by the constituent assembly of
India and came into effect on 26th January 1950. The preamble
contains the philosophy on which the entire constitution is
built.

After the judgment of Kesavanand Bharti case, it led to 42nd


amendment act, 1976. It was accepted that the preamble is a part
of constitution. As a part of the Constitution, preamble can be
amended under Article 368 of the constitution, but the basic
structure of the preamble cannot be amended.

Although preamble contains the philosophy on which the entire


constitution is built preamble is neither enforceable nor
justifiable in a court of law.

The Significance of the Preamble:

 Outlines the Constitution’s ideals and philosophy.


 The Supreme Court of India is emphasized the importance and
utility of the preamble in a number of rulings.
 It states that the Constitution’s goal is to provide
justice, Liberty, Equality, and fraternity to its citizens.
 It is a kind of primer on the statute, and it’s often quite
helpful in decoding the policy and legislative meaning. It
expresses, “What we had been thinking or dreaming about for
a long time.”
 It encapsulates all of the principles and goals for which
the country fought during the British regime in a solemn
manner.
 It identifies the people of India as the source of the
constitution.
 It contains the enacting clause, which puts the constitution
into effect.
 It defines the fundamental liberties that the Indian people
sought to safeguard for all citizens as well as the basic
style of government and politics that was to be built.
 It adds the Supreme Court in determining whether a
particular provision or piece of legislation is consistent
with the spirit of the constitution.

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