Terms in the Constitution

(UPSC “HUNT” Series)

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(IAS PCS Pathshala)

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Terms in the Constitution Mentioned/Not Mentioned/Explained Explanation Notes

Basic Structure Not explicitly Mentioned The Constitution of India does not explicitly define its ‘basic
structure’. The concept of the ‘basic structure’ of the Constitution

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was evolved by the Supreme Court of India in the landmark case
of Kesavananda Bharati v. State of Kerala in 1973.

Supremacy of the Constitution, the rule of law, Independence of

the judiciary, doctrine of separation of powers, sovereign

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democratic republic, the parliamentary system of government, the
principle of free and fair elections, welfare state, etc

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Judicial Review Not explicitly Mentioned While Article 13 of the Indian Constitution deals with the
‘CONCEPT’ of Judicial Review however, it does not explicitly
mention the term judicial review.
Other Article for JR - Articles 13, 32 and through 136, 142 and

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226.

Federation Not Mentioned While the Federal character of constitution forms basic structure,
“Federation” is neither used nor defined in the constitution. Art 1

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Budget Not Mentioned The word “Budget” is not mentioned in the Constitution. What we
call the 'budget' is named as Annual financial statement in Article
112
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Whip Neither mentioned in the constitution nor defined in the Rules It is based on the conventions of the parliamentary government.
of the House
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Office of Profit Only mentioned but not defined. The Constitution mentions "office of profit" under Article 102 (1)
and 191 to disqualify certain
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 individuals from holding membership in Parliament or state
legislatures, but it doesn't provide a comprehensive
definition. The courts have interpreted the scope of this term over

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time.

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Zero Hour Neither mentioned in constitution nor in Rules of Procedure Informal Device and Indian Innovation

Question Hour Not mentioned in the constitution but in rules of procedure. 1st hour of every sitting.

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Public Order Only mentioned but not defined. The Constitution doesn't define "public order," but it empowers the
state to maintain public order under various provisions like Article
19 (2) that allows reasonable restrictions on fundamental rights in

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the interest of public order.

Public Interest Only mentioned but not defined Mentioned at various places - Articles 22 (6), 31A (b) and 31A (c),

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263, 302.

Reasonable Restriction Only mentioned but not defined Like public order and public interest the concept of "reasonable
restriction" is used in various articles (e.g., Articles 19, 21, and 22)

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but not explicitly defined.

Socialist Only mentioned but not defined Added by 42nd Amendment. We follow democratic socialism.

Secular
S Only mentioned but not defined Secularism is one of the 'basic features' of
the Constitution. Added by 42nd Amendment in the Preamble.
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The Indian Constitution embodies the positive concept of
secularism, i.e, all religion s in
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our country have the same status and support from the state

Minorities Only mentioned but not defined While the Constitution mentions "minorities" in various articles
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(e.g., Articles 29 and 30), it doesn't provide a specific definition of

the term. The identification of minority communities is left to the
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 Central Government.

Untouchability Only mentioned but not defined Practice of untouchability is abolished and made punishable

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under Article 17, the Constitution itself doesn't provide a
definition.

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Domicile Only mentioned but not defined Mentioned the term in Article 5. it means a person's permanent
residence for various purposes like taxation and elections

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Martial Law Only mentioned but not defined The Constitution mentions "martial law" in Article 34. Martial law
mean s ' military rule' imposed under abnormal circumstances to
restore order

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Violation of the Constitution Only mentioned but not defined The President can be removed from office by a process of
impeachment for 'violation of the Constitution (Article 61).
However, the Constitution does not define the meaning of the

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phrase 'violation of the Constitution'

Contempt of Court Only mentioned but not defined Article 129 and 215 empower SC & HC to punish for Contempt

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but does not define it. Based on recommendation made by H N
Sanyal Committee,the Contempt of Courts Act, 1971 was enacted
by the Parliament.

Schedule Caste
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Only mentioned but not defined The Constitution does not specify the castes or tribes which are to
be called the SCs or the STs. Under article 341 and 342, It leaves
to the President the power to specify as to what castes or tribes in
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each state and union territory are to be treated as the SCs and
STs. Thus, the lists of the SCs or STs vary from state to state and
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union territory to union territory.

Schedule Tribe Only mentioned but not defined

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Anglo-Indians Mentioned and Defined Constitution has defined the persons who belong to the
Anglo-Indian community in Article 366(2)
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 Proved misbehaviour or Only mentioned but not defined Ground for removal of Judges of SC, HC and CECs. However, the
incapacity. Constitution of India does not define or provide any details of what
constitutes ‘incapacity and proved misbehaviour

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Misbehaviour Mentioned and Defined President can also remove the chairman or any other member of

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UPSC for misbehaviour. Misbehaviour defined in Article 317(4)

Leader of the house Not Mentioned Mentioned in rules of lok sabha not in the constitution. Leader of
the single largest party in power. Usually-LS- PM RS- nominated

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by the PM

Leader of opposition Not Mentioned The post received statutory recognition through the Salary and
Allowances of Leaders of Opposition in Parliament Act, 1977

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which defines the term 'Leader of the Opposition'

Cabinet Mentioned and Defined The word 'Cabinet' is mentioned only once in the Indian

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Constitution in Article 352(3) which states that "the President shall
not issue a proclamation unless the Union Cabinet communicates
him in writing that such a proclamation may be issued"

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Prime Minister will be the leader Not Mentioned It is only a convention.
of majority party of Lok Sabha

Uniform Civil Code

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Only Mentioned not defined Article 44
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 Traps in UPSC Prelims - Polity
( Statement seems to be “CORRECT” but will “NOT” be )

➢ The Constitution of India defines its 'basic structure' in terms

of federalism, secularism, fundamental rights and democracy.

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➢ The Constitution of India provides for ‘judicial review’ to

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safeguard the citizens’ liberties and to preserve the ideals on
which the Constitution is based.

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➢ Federal character is the basic structure of Indian Constitution

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and is mentioned in the Constitution of India.

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➢ The expenditure and salaries incurred by the ECI is charged

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on the Consolidated Fund of India.

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➢ The term of office of Chief Election Commissioner or an
Election Commissioner is mentioned in the Constitution and

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is 6 years or age of 65 years, whichever earlier.

IA ➢ Election Commissioners are provided with the security of

tenure by the constitution.

➢ The term “Budget” is mentioned in the Indian Constitution

under Article 112.
 ➢ The term “Council of Minister” is mentioned in the
Constitution but “Cabinet” is not mentioned.

➢ Contingency Fund Of India is created by the Constitution of

India Under Article 267.

➢ The Money Bill cannot be rejected by the President.

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➢ The Constitution provides the procedure for selection and
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appointment of the PM.

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➢ The term of the PM is 5 years as per Indian Constitution.

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➢ The Constitution provides that the term of office of members

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of Rajya Sabha shall be 6 years.

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➢ The Constitution has fixed the emolument and salaries for the
Vice President of India.

A S➢ The Constitution mentions that the Vice President can be

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removed from office for the violation of the Constitution.

➢ According to the Constitution of India, the opposition party in

the Lok Sabha has to have at least 10% of the total strength of
the Lok Sabha.

➢ The office of leader of the opposition is mentioned in the

Constitution.
 ➢ The Term of Office of Attorney General is fixed by the
Constitution.

➢ The Office of Attorney General AND Solicitor General is

created by the Constitution of India under Article 76.

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➢ There shall be a Council of Ministers with the Chief Minister at

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the head to aid and advise the Governor who shall, in the
exercise of his functions, act in accordance with such advice.

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