The document summarizes key aspects of the Indian Constitution including privileges of parliament members, writs that can be issued by high courts, collective responsibility of the council of ministers, powers of the Supreme Court, composition and functions of the Union Public Service Commission, how state chief ministers are elected, and details on the preamble. The preamble outlines the ideals and philosophy of the constitution, affirms justice, liberty, equality and fraternity for citizens, and identifies the people as the source of the constitution. It is now accepted as part of the constitution though it is non-justiciable.
The document summarizes key aspects of the Indian Constitution including privileges of parliament members, writs that can be issued by high courts, collective responsibility of the council of ministers, powers of the Supreme Court, composition and functions of the Union Public Service Commission, how state chief ministers are elected, and details on the preamble. The preamble outlines the ideals and philosophy of the constitution, affirms justice, liberty, equality and fraternity for citizens, and identifies the people as the source of the constitution. It is now accepted as part of the constitution though it is non-justiciable.
The document summarizes key aspects of the Indian Constitution including privileges of parliament members, writs that can be issued by high courts, collective responsibility of the council of ministers, powers of the Supreme Court, composition and functions of the Union Public Service Commission, how state chief ministers are elected, and details on the preamble. The preamble outlines the ideals and philosophy of the constitution, affirms justice, liberty, equality and fraternity for citizens, and identifies the people as the source of the constitution. It is now accepted as part of the constitution though it is non-justiciable.
The document summarizes key aspects of the Indian Constitution including privileges of parliament members, writs that can be issued by high courts, collective responsibility of the council of ministers, powers of the Supreme Court, composition and functions of the Union Public Service Commission, how state chief ministers are elected, and details on the preamble. The preamble outlines the ideals and philosophy of the constitution, affirms justice, liberty, equality and fraternity for citizens, and identifies the people as the source of the constitution. It is now accepted as part of the constitution though it is non-justiciable.
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.