21.Article 31-35, Directive Principles of State Policy Flashcards
1
Q
What is the purpose of Article 32 of the Indian Constitution?
A
Article 32 provides remedies for the enforcement of fundamental rights. It ensures that fundamental rights have effective machinery for enforcement when they are violated.
2
Q
Why is Article 32 considered a basic feature of the Constitution?
A
Article 32 is considered a basic feature of the Constitution because it confers the right to remedies for the enforcement of fundamental rights. It is regarded as the most important article by Dr. Ambedkar and is the soul and heart of the Constitution.
3
Q
What can Parliament do regarding Article 32?
A
Parliament has the power to empower any other court to issue directions, orders, and writs of all kinds, thereby extending the scope of Article 32 beyond the Supreme Court.
4
Q
When can the President suspend the right to move any court under Article 32?
A
The President can suspend the right to move any court for the enforcement of fundamental rights during a National Emergency under Article 359.
5
Q
What does Article 32 of the Indian Constitution grant to individuals?
A
Article 32 grants individuals the right to move the Supreme Court to seek justice when they feel that their rights have been unduly deprived or taken away without a valid reason.
6
Q
What authority does the Supreme Court have under Article 32?
A
The Supreme Court is the protector and guarantor of fundamental rights and has the authority to issue directions or orders for the execution of any of the rights bestowed by the Constitution.
7
Q
What is a writ?
A
A writ is a written order issued by a higher court to a lower court, individual, or institution in cases where a citizen’s fundamental rights are violated.
8
Q
Which articles of the Indian Constitution empower the Supreme Court and High Courts to issue writs?
A
The Supreme Court is empowered to issue writs under Article 32 of the Indian Constitution, while the High Courts have this authority under Article 226.
9
Q
What is the purpose of issuing a writ?
A
Writs are issued to ensure the protection and enforcement of fundamental rights. They provide a legal remedy when someone’s rights are infringed upon.
10
Q
Are writs limited to the Supreme Court?
A
No, writs can be issued by both the Supreme Court and the High Courts. The Supreme Court can issue writs for the enforcement of fundamental rights throughout India, while the High Courts can issue writs within their respective jurisdictions.
11
Q
What are the different types of writs?
A
The commonly recognized types of writs in India include habeas corpus, mandamus, prohibition, certiorari, and quo warranto. Each writ serves a specific purpose in ensuring justice and protecting individual rights.
12
Q
How do writs contribute to upholding the rule of law?
A
Writs play a crucial role in upholding the rule of law by providing an avenue for individuals to seek judicial redress when their fundamental rights are violated. They act as a check on the actions of government authorities and ensure the enforcement of constitutional rights.
13
Q
What is the meaning of the term “Habeas Corpus”?
A
The term “Habeas Corpus” means “You may have the body.”
14
Q
What is the purpose of issuing a Habeas Corpus writ?
A
The purpose of a Habeas Corpus writ is to release a person who has been unlawfully detained, whether in prison or in private custody.
15
Q
What does the term “Mandamus” mean?
A
The term “Mandamus” means “We command.”
16
Q
What is the purpose of issuing a Mandamus writ?
A
The purpose of a Mandamus writ is to secure the performance of public duties by a lower court, tribunal, or public authority.
17
Q
What is the meaning of the term “Certiorari”?
A
The term “Certiorari” means “To be certified.”
18
Q
What is the purpose of issuing a Certiorari writ?
A
The purpose of a Certiorari writ is to quash an order already passed by an inferior court, tribunal, or quasi-judicial authority.
19
Q
What is the meaning of the term “Prohibition”?
A
The term “Prohibition” does not have a specific meaning mentioned in the given table.
20
Q
What is the purpose of issuing a Prohibition writ?
A
The purpose of a Prohibition writ is to prohibit an inferior court from continuing the proceeding in a particular case where it has no jurisdiction to try.
21
Q
What does the term “Quo Warranto” mean?
A
The term “Quo Warranto” means “What is your authority.”
22
Q
What is the purpose of issuing a Quo Warranto writ?
A
The purpose of a Quo Warranto writ is to restrain a person from holding a public office which they are not entitled to.
23
Q
What is the meaning of the term “Habeas Corpus”?
A
The meaning of the term “Habeas Corpus” is “You have the Body.”
24
Q
What is the main purpose of the Habeas Corpus writ?
A
The main purpose of the Habeas Corpus writ is to seek relief from the unlawful detention of an individual.
25
What does the Habeas Corpus writ protect against?
The Habeas Corpus writ protects the individual from being harmed by the administrative system and safeguards their freedom against arbitrary state action that violates fundamental rights.
26
What rights under the Constitution does the Habeas Corpus writ protect?
The Habeas Corpus writ protects the fundamental rights under Articles 19, 21, and 22 of the Constitution.
27
What is the significance of the Habeas Corpus writ?
The Habeas Corpus writ provides immediate relief in cases of unlawful detention.
28
Who can seek a Habeas Corpus writ?
The affected individual or someone else on behalf of the affected individual can seek a Habeas Corpus writ.
29
What was the impact of the ADM Jabalpur vs Shivakant case on Habeas Corpus?
The ADM Jabalpur vs Shivakant case resulted in countless arrests under preventive detention, limiting the claim to liberty under emergency circumstances.
30
How was the Habeas Corpus case revisited in 2017?
In 2017, a nine-judge Constitution bench upheld privacy as a fundamental right, overruling the 1976 verdict and deeming the ADM Jabalpur Case judgment as flawed.
31
What is the meaning of the term "Quo Warranto"?
The meaning of the term "Quo Warranto" is "By what means or authority."
32
In what type of cases is the Writ of Quo Warranto invoked?
The Writ of Quo Warranto is invoked in cases of public offices.
33
What is the purpose of the Writ of Quo Warranto?
The purpose of the Writ of Quo Warranto is to restrain individuals from acting in a public office to which they are not entitled.
34
Is the concept of "office" different from a "seat" in the legislature when it comes to Quo Warranto?
Yes, although the term 'office' is different from 'seat' in the legislature, a writ of Quo Warranto can still be issued with respect to the post of Chief Minister holding an office.
35
Can anyone challenge the appointment to a public office using the Writ of Quo Warranto?
Yes, appointment to a public office can be challenged by any person, regardless of whether their fundamental or any legal right has been infringed.
36
What is the meaning of the term "Mandamus"?
The meaning of the term "Mandamus" is "We Command" in Latin.
37
What is the purpose of the Writ of Mandamus?
The purpose of the Writ of Mandamus is to ensure the correct performance of mandatory and purely ministerial duties by the administration or the executive.
38
Can the Writ of Mandamus be issued against the President and the Governor?
No, the Writ of Mandamus cannot be issued against the President and the Governor.
39
How does the Writ of Mandamus safeguard the public?
The Writ of Mandamus safeguards the public from the misuse of authority by administrative bodies.
40
What are the conditions for the issuance of the Writ of Mandamus?
The conditions for the issuance of the Writ of Mandamus are:
*The applicant must have a legal right for the performance of a legal duty.
*The nature of the duty must be public.
*The right being sought to be enforced must already be infringed.
41
Are high dignitaries like the President and the Governors subject to the Writ of Mandamus?
The Courts are unwilling to issue a writ of mandamus against high dignitaries like the President and the Governors.
42
What does the term "Certiorari" mean?
The term "Certiorari" means "to be certified" in Latin.
43
What is the purpose of the Writ of Certiorari?
The purpose of the Writ of Certiorari is to quash or cure the judgment of a lower judicial body.
44
When is a Writ of Certiorari issued?
A Writ of Certiorari is issued when there is a wrongful exercise of jurisdiction and the decision of the case is based on it.
45
Who can move the Writ of Certiorari to higher courts?
The affected parties can move the Writ of Certiorari to higher courts like the High Court or the Supreme Court.
46
What are the grounds for the issue of a Writ of Certiorari?
There are several grounds for the issue of a Writ of Certiorari, including acting without jurisdiction or in excess, violation of principles of natural justice, opposition to the procedure established by law, and an error in judgment on the face of it.
47
Against what type of orders is the Writ of Certiorari issued?
The Writ of Certiorari is issued against judicial or quasi-judicial orders, not purely administrative or ministerial orders.
48
When is the Writ of Certiorari issued in relation to the timing of the order?
The Writ of Certiorari is issued after the passing of the order.
49
What is the purpose of the Writ of Prohibition?
The purpose of the Writ of Prohibition is to prevent an inferior court from exceeding its jurisdiction or acting contrary to the rules of Natural Justice.
50
When is the Writ of Prohibition issued?
The Writ of Prohibition is issued to a lower or subordinate court by superior courts in order to restrain it from doing something it is not supposed to do according to the law.
51
Under what circumstances is the Writ of Prohibition usually issued?
The Writ of Prohibition is usually issued when lower courts act in excess of their jurisdiction or outside their jurisdiction.
52
What is the effect of the Writ of Prohibition on the lower court proceedings?
Once the Writ of Prohibition is issued, the lower court is bound to stop its proceedings. It should be issued before the lower court passes an order.
53
What is the nature of the Writ of Prohibition?
The Writ of Prohibition is of a preventive nature, based on the principle that "prevention is better than cure." It aims to prevent improper actions by the lower court.
54
Which court has the authority to issue the Writ of Prohibition?
Superior courts have the authority to issue the Writ of Prohibition to lower or subordinate courts.
55
What are the exceptions to Article 32?
The exceptions to Article 32 include Articles 33 and 34, which limit the privileges granted under Article 32 in certain circumstances.
56
When do the guaranteed Fundamental Rights of citizens remain suspended under Article 32?
The guaranteed Fundamental Rights of citizens remain suspended under Article 32 when an emergency is proclaimed under Article 352 of the Constitution.
57
Which Fundamental Rights are restricted by Parliament under Article 358?
Parliament can restrict the Fundamental Rights guaranteed under Article 19 during the pendency of an emergency under Article 358.
58
What is the power conferred by Article 359?
Article 359 confers the power to the President to suspend Article 32 of the Constitution.
59
What is the procedure for suspending Article 32 under Article 359?
The President's order to suspend Article 32 is to be submitted to the Parliament, and the Parliament may disapprove the President's order.
60
What did the people in the drafting committee say about Article 32?
People in the drafting committee said that Article 32 is a fundamental right fundamental to all the other fundamental rights guaranteed under the Constitution. It provides the right to approach the Supreme Court as a remedy if fundamental rights are violated.
61
Can Article 32 be suspended during an Emergency?
The Constituent Assembly debated whether fundamental rights, including Article 32, could be suspended or limited during an Emergency. However, it was argued that Article 32 cannot be suspended except during a period of Emergency.
62
What did the Court say about the right to approach the Supreme Court under Article 32?
The Court stated that the right to approach the Supreme Court under Article 32 is itself a fundamental right. Interfering with this right would amount to a serious and direct interference in the administration of justice in the country.
63
Is Article 32 considered a part of the Basic Structure of the Constitution?
Yes, the Court has held that Article 32 is a part of the Basic Structure of the Constitution.
64
Can people seek remedies under the Constitution even if Article 32 is suspended?
Yes, even if Article 32 is suspended, people have the right to seek remedies under Article 226 of the Constitution. Article 226 confers even wider powers to High Courts than Article 32 for issuing writs.
65
What powers do High Courts have under Article 226?
Under Article 226, High Courts have the power to issue all five types of writs and any other writs that may be required.
66
Who does Article 33 empower the Parliament to restrict or abrogate fundamental rights for?
Article 33 empowers the Parliament to restrict or abrogate fundamental rights for members of the armed forces, para-military forces, police forces, intelligence agencies, and similar forces.
67
What is the objective of Article 33?
The objective of Article 33 is to ensure the proper discharge of duties and the maintenance of discipline among the members of the mentioned forces.
68
What does Article 34 provide for?
Article 34 provides for restrictions on fundamental rights while martial law is in force in any area within the territory of India.
69
What power does Article 34 give to the Parliament?
Article 34 empowers the Parliament to indemnify any government servant or any other person for any act done by them in connection with the maintenance or restoration of order in an area where martial law is in force.
70
What does Article 35 specify regarding the power to make laws for fundamental rights?
Article 35 states that the power to make laws and give effect to certain specified fundamental rights is vested only in the Parliament and not in state legislatures.
71
What are the provisions of Article 35?
The provisions of Article 35 include prescribing residence as a condition for certain employment or appointments, empowering courts other than the Supreme Court and high courts to issue writs, restricting or abrogating the application of fundamental rights to certain groups, and indemnifying government servants or others for acts done during martial law.
72
What is the purpose of prescribing residence as a condition for employment or appointments?
The purpose is to ensure that certain employment or appointments in a state or union territory or local authority or other authority under Article 16 are subject to a requirement of residence.
73
Which courts are empowered to issue writs for the enforcement of fundamental rights under Article 32?
Courts other than the Supreme Court and high courts are empowered to issue writs of all kinds for the enforcement of fundamental rights under Article 32.
74
What offenses can be punished under laws made by Parliament under Article 35?
Acts that are declared to be offenses under fundamental rights, such as untouchability (Article 17) and trafficking in human beings and forced labor (Article 23), can be punished under laws made by Parliament under Article 35.
75
When was the right to property abolished as a Fundamental Right?
The right to property was abolished as a Fundamental Right by the 44th Amendment Act of 1978.
76
What was inserted in the constitution in place of the right to property as a Fundamental Right?
The 44th Amendment Act inserted a new Article 300A in Part XII of the constitution, which provides for the right to property as a legal or constitutional right, but not a fundamental right.
77
Are there any provisions related to compensation for property acquisition in the constitution?
Yes, there are two provisions related to compensation for property acquisition. Article 30 guarantees compensation when the state acquires the property of a minority educational institution, and Article 31A guarantees compensation when the state acquires land held by a person under personal cultivation within the statutory ceiling limits.
78
Which articles have been retained as exceptions to the fundamental rights?
Articles 31A, 31B, and 31C have been retained as exceptions to the fundamental rights.
79
What does Article 31A save from being challenged on the grounds of contravening fundamental rights?
Article 31A saves laws related to agricultural land reforms, industry, and commerce from being challenged and invalidated on the grounds of contravening fundamental rights.
80
What is the purpose of Article 31B?
Article 31B saves the acts and regulations included in the Ninth Schedule from being challenged and invalidated on the grounds of contravening any of the fundamental rights.
81
Is there blanket immunity from judicial review for laws included in the Ninth Schedule?
No, in the I.R. Coelho case (2007), the Supreme Court ruled that there cannot be any blanket immunity from judicial review of laws included in the Ninth Schedule. Laws placed under the Ninth Schedule after April 24, 1973, can be challenged in court if they violate fundamental rights or basic features of the constitution.
82
What provisions are contained in Article 31C?
Article 31C, inserted by the 25th Amendment Act of 1971, contains provisions stating that laws seeking to implement socialistic directive principles specified in Article 39(b) or (c) shall not be void on the grounds of contravening fundamental rights. It also states that laws containing a declaration for giving effect to such policies cannot be questioned in any court on the grounds of not giving effect to such policies.
83
How did the Supreme Court rule on the provisions of Article 31C in the Kesavananda Bharati Case?
In the Kesavananda Bharati Case (1973), the Supreme Court declared the second provision of Article 31C as unconstitutional and invalid, stating that judicial review is a basic feature of the Constitution and cannot be taken away. However, the first provision of Article 31C was held to be constitutional and valid.
84
What does the significance of Fundamental Rights emphasize regarding equality?
The significance of Fundamental Rights emphasizes equality without discrimination, guaranteeing all citizens access and use of the same facilities irrespective of their background.
85
Who do Fundamental Rights primarily protect individuals against?
Fundamental rights primarily protect individuals from any arbitrary state actions. However, some rights are also enforceable against individuals.
86
Can you provide an example of a Fundamental Right that is enforceable against individuals?
Yes, an example is the right to protection against untouchability or begar (forced labor). Individuals can be held accountable for violating these rights.
87
What is one of the issues related to Fundamental Rights mentioned in the text?
One issue is the interpretation of Fundamental Rights, which has been a subject of continuous judicial interpretation, leading to different interpretations over time.
88
Can Fundamental Rights be suspended during a National Emergency?
Yes, Fundamental rights can be suspended during a National Emergency, except for Articles 20 and 21. This has raised criticism that if they can be suspended easily, they may not be truly fundamental rights.
89
Which provisions of the Indian Constitution provide certain privileges or immunities to the President and Governor?
Article 361 of the Indian Constitution provides certain privileges and immunities to the President and Governor. These immunities may appear to contradict fundamental rights provisions such as equality.
90
What is the concern regarding the implementation of fundamental rights in the private sector?
The concern is the lack of horizontal implementation of fundamental rights in the private sector. While fundamental rights are enforceable against the government (vertical implementation), enforcing them against private entities has become challenging.
91
What is one criticism related to the implementation of the right to privacy as a fundamental right?
The right to privacy, although recognized as a fundamental right, has been diluted through state surveillance, which violates its spirit and ideals.
92
What is the significance of fundamental rights in a democracy?
Fundamental rights are essential for ensuring the dignity and equality of individuals in a true democracy. They elevate individuals from the status of "subjects" to "citizens."
93
What role do fundamental rights play in relation to the state?
Fundamental rights protect individuals against arbitrary actions of the state, ensuring their rights and freedoms are safeguarded.
94
How do fundamental rights promote equality?
Fundamental rights guarantee equal access and use of facilities for all citizens, regardless of their background. They emphasize the fundamental unity of the nation.
95
What is the transformative effect of fundamental rights?
Fundamental rights empower individuals, allowing them to assert their rights and challenge injustices. They provide a pathway for individuals to rise from mere subjects to active citizens.
96
Why are fundamental rights considered essential in a society?
Fundamental rights protect individuals not only from the state but also from social majorities, ensuring their dignity, equality, and freedoms are upheld in all spheres of life.
97
What is the doctrine of waiver in relation to fundamental rights?
The doctrine of waiver refers to the intentional or voluntary relinquishment of a known fundamental right by an individual.
98
What does waiving a right mean?
Waiving a right means that a person chooses not to exercise or assert that right, giving up the ability to challenge the constitutionality of a law related to that right.
99
Can constitutional rights be waived in India?
No, constitutional rights or fundamental rights guaranteed by the Constitution cannot be waived in India. They are considered a matter of public policy and cannot be voluntarily relinquished.
100
What is the rationale behind not allowing the waiver of fundamental rights?
Fundamental rights in India exist not only for an individual's benefit but are a part of public policy. The Constitution imposes an obligation on the state to protect these rights, and they cannot be waived.
101
Has the Indian judiciary addressed the issue of waiving fundamental rights?
Yes, in the case of Basheshar Nath v. The Commissioner of Income Tax Delhi & Rajasthan & Another, the court held that fundamental rights cannot be waived.
102
How does the concept of waiving fundamental rights differ between India and the United States?
While the United States allows for the waiver of fundamental rights, in India, constitutional rights are considered non-waivable. The concept of waiving fundamental rights is not recognized in India as it is in the United States.
103
here did the Directive Principles of State Policy (DPSP) originate from?
The DPSP has been taken from the Irish Constitution.
104
What is the purpose of the DPSP?
The DPSP aims to create a 'Welfare State' and establish economic and social democracy in the country.
105
How are the DPSP described by Granville Austin?
Granville Austin has referred to the DPSP as the "Conscience of the Constitution."
106
Are the Directive Principles of State Policy legally enforceable by the courts?
No, the DPSP are not legally enforceable by the courts for their violation. They are non-justiciable as per Article 37 of the Indian Constitution.
107
What do the DPSP encompass?
The DPSP constitute a comprehensive economic, social, and political program for a modern democratic state. They aim to realize the ideals of justice, liberty, equality, and fraternity as outlined in the Preamble to the Constitution.
108
What role do the DPSP play in policymaking and law enactment?
The DPSP serve as guiding principles and ideals for the state to keep in mind when formulating policies and enacting laws.
109
According to Dr. B R Ambedkar, what significance do the DPSP hold?
Dr. B R Ambedkar considered the DPSP as "novel features" of the Constitution, highlighting their importance in shaping the socio-economic fabric of the country.
110
Why are Directive Principles of State Policy (DPSP) not enforceable in a court of law?
DPSPs are not enforceable in court because they fall under the non-justiciable part (Part IV) of the Indian Constitution, which contains positive obligations to the state. They were not made justiciable due to the lack of sufficient financial resources in India.
111
How did the Constitution Drafters divide the rights of citizens?
The Constitution Drafters divided the rights of citizens into two parts: the justiciable part (Part III) and the non-justiciable part (Part IV) of the Constitution.
112
What term did Dr. B.R. Ambedkar use to describe the DPSPs?
Dr. B.R. Ambedkar referred to the DPSPs as "Instruments of Instructions."
113
What is the purpose of DPSPs?
DPSPs serve as policies and principles to achieve economic democracy in India.
114
What is the impact of the non-justiciability of DPSPs?
The non-justiciability of DPSPs means that the state and central governments are immune from legal action for not following these directives.
115
What is the argument against the usefulness of DPSPs?
Some argue that DPSPs are useless due to their non-justiciability. However, it is important to understand that they not only provide guiding principles but also outline the broad objectives and ideals that India aims to achieve.
116
What was the Judiciary's stand in the Champakan Case (1950)?
The Apex Court held that if a law contravenes a Fundamental right, it would be void, but the same does not apply to Directive Principles of State Policy (DPSPs). It shows that Fundamental rights are on a higher pedestal than DPSPs.
117
What principle did the Court apply in the Kerala Education Bill (1958)?
The Court stated that in case of a conflict between Fundamental Rights and DPSPs, the principle of harmonious construction should be applied. However, if there is still a conflict between the two even after applying interpretation doctrines, the Fundamental rights should be upheld.
118
In Venkataraman v. State of Madras (1965), which took precedence, Fundamental rights or DPSPs?
The Court gave precedence to Fundamental rights over DPSPs.
119
What did the Apex Court establish regarding the status of Fundamental rights and DPSPs in the Champakan Case (1950)?
The Apex Court established that Fundamental rights hold a higher position than DPSPs, and if a law violates a Fundamental right, it would be considered void.
120
How did the Court suggest resolving conflicts between Fundamental Rights and DPSPs in the Kerala Education Bill (1958)?
The Court recommended applying the principle of harmonious construction to resolve conflicts between Fundamental Rights and DPSPs. However, if a conflict still exists, the Fundamental rights should be upheld.
121
Which case emphasized the precedence of Fundamental rights over DPSPs?
Venkataraman v. State of Madras (1965) emphasized the precedence of Fundamental rights over DPSPs.
122
What did the Champakan Case (1950) reveal about the status of DPSPs compared to Fundamental rights?
The Champakan Case highlighted that Fundamental rights are placed on a higher pedestal than DPSPs, as laws violating Fundamental rights are considered void, whereas the same is not true for DPSPs.
123
How did the Court prioritize Fundamental rights in the Venkataraman v. State of Madras (1965) case?
The Court prioritized Fundamental rights over DPSPs in the Venkataraman v. State of Madras (1965) case.
124
In the Kerala Education Bill (1958), what happens if there is a conflict between Fundamental Rights and DPSPs after applying interpretation doctrines?
If a conflict persists between Fundamental Rights and DPSPs even after applying interpretation doctrines, the Court ruled that the Fundamental rights should be upheld.
125
Which constitutional aspect takes precedence according to the Judiciary in the given cases?
According to the Judiciary's stand in the mentioned cases, Fundamental rights take precedence over DPSPs.
126
What does Article 36 of the Indian Constitution define?
Article 36 defines the term "State" and emphasizes that the State must consider all Directive Principles of State Policy (DPSPs) before formulating policies or laws.
127
Which part of the Indian Constitution contains the DPSPs?
The DPSPs are listed in Part IV of the Indian Constitution.
128
How many articles from Article 38 to 51 are dedicated to DPSPs?
Articles 38 to 51 of the Indian Constitution contain various DPSPs, totaling 14 articles.
129
What is the purpose of DPSPs?
DPSPs aim to establish economic and social democracy in the country and provide guiding principles for the State to achieve the ideals of justice, liberty, equality, and fraternity.
130
What is the significance of Article 36 in relation to DPSPs?
Article 36 defines the scope of the term "State" and highlights the responsibility of the State to consider and uphold the DPSPs when formulating policies and laws.
131
Are DPSPs legally enforceable?
No, DPSPs are non-justiciable, meaning they are not legally enforceable by courts. They serve as guiding principles for the State rather than legally binding provisions.
132
How are DPSPs different from Fundamental Rights?
DPSPs focus on creating a welfare state and establishing economic and social democracy, while Fundamental Rights provide individual rights and protections. Fundamental Rights are justiciable, unlike DPSPs.
133
Which article of the Indian Constitution states that the State should secure a social order for the promotion of welfare of the people?
Article 38.
134
What are the principles of policy that the State should follow according to Article 39?
The principles include securing equal justice, providing opportunities for work, and promoting the welfare of weaker sections.
135
Which article guarantees equal justice and free legal aid?
Article 39A.
136
Which article emphasizes the organization of village panchayats?
Article 40.
137
What rights are guaranteed under Article 41?
The right to work, the right to education, and the right to public assistance in certain cases.
138
Which article provides for just and humane conditions of work and maternity relief?
Article 42.
139
What does Article 43 focus on?
Article 43 focuses on ensuring a living wage, fair conditions of work, and the participation of workers in management.
140
Which article promotes the participation of workers in the management of industries?
Article 43A.
141
What does Article 43B promote?
Article 43B promotes the establishment and promotion of cooperative societies.
142
Which article calls for a uniform civil code for citizens?
Article 44.
143
Which article provides for free and compulsory education for children?
Article 45.
144
Which article emphasizes the promotion of educational and economic interests of scheduled castes, scheduled tribes, and other weaker sections?
Article 46.
145
What is the duty of the State according to Article 47?
The duty of the State is to raise the level of nutrition and the standard of living and to improve public health.
146
Which article focuses on the organization of agriculture and animal husbandry?
Article 48.
147
Which article emphasizes the protection and improvement of the environment and safeguarding of forests and wildlife?
Article 48A.
148
According to Article 49, what should be protected?
Monuments and places of historical importance should be protected.
149
Which article calls for the separation of the judiciary from the executive?
Article 50.
150
What does Article 51 promote?
Article 51 promotes international peace and security, respect for international law, and safeguarding of human rights.
151
What is the purpose of Article 39 of the Indian Constitution?
The purpose of Article 39 is to outline certain principles of policy to be followed by the State.
152
According to Article 39, what is the right of citizens regarding livelihood?
Article 39 states that citizens, both men and women, have the right to an adequate means of livelihood.
153
How should the ownership and control of the material resources of the community be distributed according to Article 39?
Article 39 states that the ownership and control of the material resources should be distributed in a way that best serves the common good.
154
What does Article 39 aim to prevent in terms of the economic system?
Article 39 aims to prevent the concentration of wealth and means of production to the common detriment resulting from the operation of the economic system.
155
According to Article 39, what should be ensured regarding equal pay?
Article 39 asserts that there should be equal pay for equal work for both men and women.
156
What does Article 39 seek to protect regarding workers and children?
Article 39 seeks to protect the health and strength of workers, ensure that the tender age of children is not abused, and prevent citizens from being forced by economic necessity to enter unsuitable occupations.
157
What opportunities and facilities should be provided to children according to Article 39?
Article 39 states that children should be given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity.
158
What does Article 39 aim to protect children and youth against?
Article 39 aims to protect children and youth against exploitation and moral and material abandonment.
159
According to Article 37, what is the significance of DPSPs?
DPSPs are fundamental to the governance of the country.
160
What concept do DPSPs embody that was absent during colonial rule?
DPSPs embody the idea of the welfare state, which was absent under colonial rule.
161
How do DPSPs serve as a guide to legislatures?
DPSPs present an idea before the legislators of India, guiding them in framing policies and laws.
162
What does the expression "Justice - Social, economic and political" in the preamble reflect?
The expression in the preamble reflects the ultimate aim that needs to be achieved through the formulation of DPSPs.
163
What are the four pillars of the Indian Constitution and how are they related to DPSPs?
The four pillars of the Indian Constitution are Justice, Liberty, Equality, and Fraternity. These pillars are also reflected in DPSPs as they aim to achieve the ultimate aim of justice mentioned in the preamble.
164
Why are DPSPs considered fundamental to governance?
DPSPs are considered fundamental to governance because they provide guidelines and principles for the formulation of policies and laws in the country.
165
What role do DPSPs play in realizing the concept of the welfare state?
DPSPs embody the idea of the welfare state, outlining principles and goals that promote the welfare and well-being of citizens.
166
How do DPSPs align with the principles mentioned in the preamble?
DPSPs align with the principles mentioned in the preamble by working towards achieving social, economic, and political justice, as well as promoting equality and fraternity among citizens.
167
What is the purpose of DPSPs in relation to the four pillars of the Indian Constitution?
DPSPs serve as a means to attain the ultimate aim of justice, liberty, equality, and fraternity, which are considered the four pillars of the Indian Constitution.
168
Why are DPSPs significant in shaping the policies and laws of the country?
DPSPs provide a framework and vision for legislators to frame policies and laws that align with the principles of justice, welfare, and the overall well-being of the citizens.
169
Why are DPSPs considered non-justifiable?
DPSPs are considered non-justifiable because they were designed in such a way that the State may not have sufficient resources to implement all of them or may come up with better and more progressive laws.
170
What is one criticism regarding the arrangement of DPSPs?
DPSPs are criticized for being arranged in an irrational manner, with the basic arrangement of Gandhian, Socialist, and Liberal philosophies appearing haphazard.
171
How might DPSPs be viewed as reactionary and regressive?
DPSPs have the potential to be seen as reactionary and regressive, as illustrated by the implementation of a Uniform Civil Code, which may face opposition or resistance.
172
What potential clash may arise due to DPSPs?
DPSPs may result in a constitutional clash between the federal government and State governments, as they may have differing interpretations or priorities regarding the implementation of these principles.
173
Which amendment act was implemented to give effect to Article 40 of DPSP?
The 73rd Amendment Act was implemented to give effect to Article 40, which relates to the organization of village panchayats.
174
What does the Code on Social Security, 2020 provide for?
The Code on Social Security, 2020 provides for maternity leaves, in accordance with the provisions of Article 42 of DPSP.
175
: Which act ensures the right to compulsory education for children between the ages of 6 and 14?
The Right of Children to Free and Compulsory Education Act, 2009 ensures the right to compulsory education, as mentioned in Article 45 of DPSP.
176
Which act promotes inclusive development through guaranteed wages?
The Mahatma Gandhi National Rural Employment Guarantee Act promotes inclusive development through guaranteed wages, aligning with the principles of Article 43 of DPSP.
177
What has been the discussion regarding the implementation of Article 44 of DPSP?
Various discussions have taken place, including those by bodies like the Law Commission, on the implementation of the Uniform Civil Code. In Goa, it is already in place.
178
Which states have prohibited the sale and consumption of liquor within their territories?
Gujarat and Bihar have prohibited the sale and consumption of liquor within their states, in accordance with the principles outlined in Article 47 of DPSP.
179
What is required to amend the Directive Principles of State Policies (DPSPs)?
To amend the DPSPs, a Constitutional amendment is required.
180
What is meant by a special majority for the passage of a Constitutional amendment?
A special majority refers to a majority of 2/3rd members present and voting supported by over 50% of the total strength of the House.
181
Have there been amendments to the DPSPs after independence?
Yes, there have been a number of amendments to the DPSPs after independence.
182
Which Constitutional amendment made changes to the DPSPs?
The 42nd Constitutional Amendment of 1976 made changes to the DPSPs.
183
What change was made to Article 39 through the 42nd Constitutional Amendment?
The 42nd Constitutional Amendment amended Article 39, which obligates the State to secure a social order for the promotion of the welfare of the people.
184
What was added through the 42nd Constitutional Amendment as Article 39-A?
Article 39-A was added, making it the duty of the State to provide for equal justice and free legal aid. This led to the enactment of the Legal Services Authorities Act, 1987.
185
What was added through the 42nd Constitutional Amendment as Article 48A?
Article 48A, which deals with the protection and improvement of the environment, was added through the 42nd Constitutional Amendment.
186
Can you provide examples of laws that demonstrate the application of the principles in Article 48A?
Laws such as the Water Pollution Act, Air Pollution Act, Environmental Pollution Act, and the Forest Act demonstrate the application of the principles laid down in Article 48A.
187
Which Constitutional amendment added Article 38 clause (2) to the Constitution?
The 44th Constitutional Amendment, 1978 added Article 38 clause (2) to the Constitution.
188
What is the directive in Article 38 clause (2) of the Constitution?
Article 38 clause (2) directs the state to minimize inequalities in income, eliminate inequalities in status, facilities, and opportunities among individuals and groups residing in different areas or engaged in different vocations.
189
Which Constitutional amendment led to the inclusion of Panchayats in Part IX of the Constitution?
The 73rd Constitutional Amendment, 1992 brought Panchayats in Part IX of the Constitution, having its genesis in Article 40.
190
What does the 86th Constitutional Amendment, 2002 provide?
The 86th Constitutional Amendment, 2002 inserted Article 21-A, which provides the Right to free and compulsory education for all children in the age group of six to fourteen years as a Fundamental Right. It is rooted in Article 41 of the Constitution.
191
What did the 97th Constitutional Amendment, 2011 add to the Constitution?
The 97th Constitutional Amendment, 2011 added Article 43-B, which authorizes the state to promote voluntary formation, autonomous functioning, democratic control, and professional management of cooperative societies.
192
What is a Uniform Civil Code (UCC)?
A Uniform Civil Code is a law that would provide for one law for the entire country, applicable to all religious communities in their personal matters such as marriage, divorce, inheritance, adoption, etc.
193
Which article of the Constitution provides constitutional backing to the Uniform Civil Code?
Article 44 of the Constitution lays down that the state shall endeavor to secure a Uniform Civil Code for the citizens throughout the territory of India.
194
t is one merit of implementing a Uniform Civil Code (UCC)?
One merit is that it would provide equality of status to all citizens irrespective of the community they belong to.
195
How would a Uniform Civil Code bring consistency in personal laws?
Personal laws of different religions are currently divergent, and a UCC would bring consistency in how issues like marriage, succession, and adoption are treated for people belonging to different communities.
196
What is one aspect where personal laws tend to give undue advantage to men?
Personal laws, derived from tradition and custom, tend to give undue advantage to men, which is inconsistent with the principle of gender justice.
197
What is an example of gender injustice within personal laws?
An example is the allowance for Muslim men to have multiple wives, while women are forbidden from having multiple husbands.
198
What is one demerit of implementing a Uniform Civil Code?
One demerit is that it clashes with the right to freedom of religion, as guaranteed by Article 25 of the Constitution.
199
How does having separate personal laws relate to the right to practice one's own religion?
Separate personal laws have allowed people to exercise their right to practice their own religion, which has been particularly important for minorities.
200
What was the stand of the Law Commission in 2018 regarding the Uniform Civil Code (UCC)?
The Law Commission held that the Civil Code is neither feasible nor desirable.
201
What alternative did the Law Commission propose instead of implementing a Uniform Civil Code?
The Law Commission proposed the codification of all personal laws to bring to light prejudices and stereotypes within them and to test them against the Fundamental Rights guaranteed by the Constitution.
202
Why did the Law Commission choose the codification of personal laws over the Uniform Civil Code?
The Law Commission chose the codification of personal laws to end discrimination within religions.
203
What would the codification of various practices and customs achieve?
The codification of various practices and customs would make them 'law' under Article 13 of the Constitution.
