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Terms in the Constitution
Terms in the Constitution
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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.
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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
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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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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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.
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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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
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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.
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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.
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removed from office for the violation of the Constitution.
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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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