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INDIAN POLITY > 22.Fundamental Duties, Union Executive and President > Flashcards

22.Fundamental Duties, Union Executive and President Flashcards

1
Q

Why were fundamental duties incorporated in the Constitution?

A

Fundamental duties were incorporated in the Constitution to remind every citizen of their responsibilities and duties along with their rights.

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2
Q

How are fundamental duties related to rights?

A

Fundamental duties are correlative with rights, meaning that citizens have not only rights but also corresponding duties to fulfill.

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3
Q

What was the inspiration behind the concept of fundamental duties?

A

The concept of fundamental duties is inspired by the USSR (Union of Soviet Socialist Republics).

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4
Q

When were fundamental duties recommended and added to the Constitution?

A

The Swaran Singh Committee recommended fundamental duties in 1976, and they were added through the 42nd Amendment Act of 1976. The 86th Amendment Act in 2002 added the 11th fundamental duty.

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5
Q

Who are the fundamental duties applicable to?

A

Fundamental duties are applicable to citizens of India and do not extend to foreigners.

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6
Q

What is the nature of fundamental duties?

A

Fundamental duties are utopian in nature, meaning they represent an ideal world seeking ideals.

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7
Q

Is there any enforcement provision in the constitution for Fundamental Duties?

A

No, there is no enforcement provision in the constitution for Fundamental Duties. However, Parliament is free to enforce them through suitable laws.

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8
Q

How would you describe the nature of Fundamental Duties?

A

Fundamental Duties are moral and civic duties in nature, emphasizing the ethical responsibilities of citizens.

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9
Q

What did the Supreme Court state about the enforceability of Fundamental Duties?

A

In the A.I.I.M.S. Students Union vs A.I.I.M.S. (2001) case, the Supreme Court held that while Fundamental Duties are not enforceable through the writs of the Court, they provide a moral compass to society.

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10
Q

What purpose do Fundamental Duties serve in society?

A

Fundamental Duties work towards providing harmony in society by promoting ethical behavior and responsible citizenship.

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11
Q

What is the first Fundamental Duty mentioned in Article 51A?

A

The first Fundamental Duty is to abide by the Constitution and respect its ideals and institutions, the National Flag, and the National Anthem.

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12
Q

What is the second Fundamental Duty?

A

The second Fundamental Duty is to cherish and follow the noble ideals that inspired the national struggle for freedom.

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13
Q

What does the third Fundamental Duty entail?

A

The third Fundamental Duty is to uphold and protect the sovereignty, unity, and integrity of India.

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14
Q

What is the fourth Fundamental Duty?

A

The fourth Fundamental Duty is to defend the country and render national service when called upon to do so.

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15
Q

What does the fifth Fundamental Duty promote?

A

The fifth Fundamental Duty promotes harmony and the spirit of common brotherhood among all the people of India, transcending religious, linguistic, and regional or sectional diversities, and renouncing practices derogatory to the dignity of women.

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16
Q

What is the focus of the sixth Fundamental Duty?

A

The sixth Fundamental Duty is to value and preserve the rich heritage of the country’s composite culture.

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17
Q

What does the seventh Fundamental Duty encourage?

A

The seventh Fundamental Duty is to protect and improve the natural environment, including forests, lakes, rivers, and wildlife, and to have compassion for living creatures.

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18
Q

What values are promoted by the eighth Fundamental Duty?

A

The eighth Fundamental Duty encourages the development of scientific temper, humanism, and the spirit of inquiry and reform.

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19
Q

What does the ninth Fundamental Duty emphasize?

A

The ninth Fundamental Duty is to safeguard public property and to abjure violence.

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20
Q

What is the goal of the tenth Fundamental Duty?

A

The tenth Fundamental Duty is to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavor and achievement.

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21
Q

What duty was added by the 86th Constitutional Amendment Act, 2002?

A

The 86th Constitutional Amendment Act, 2002 added the duty to provide opportunities for education to one’s child or ward between the age of six and fourteen years.

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22
Q

What is the significance of the Fundamental Duties?

A

The Fundamental Duties act as a moral compass for society and provide inspiration to citizens.

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23
Q

Can the Fundamental Duties be made enforceable?

A

The Fundamental Duties can be made enforceable through appropriate legislation.

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24
Q

Are new duties desirable to be added?

A

Adding new duties is not considered desirable as we are a liberal democratic constitution.

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25
Q

How can new duties be enforced?

A

Any new duty can be enforced through legislation, although many duties may require persuasion instead of legislation.

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26
Q

What duty was suggested by the Swaran Singh Committee?

A

The Swaran Singh Committee suggested the duty to pay taxes.

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27
Q

What is vertical reservation?

A

Vertical reservation refers to the reservation provided separately for Scheduled Castes, Scheduled Tribes, and Other Backward Classes. It applies to each specified group under the law.

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28
Q

Which articles in the Indian Constitution mention vertical reservation?

A

Article 15(4) and Article 16(4) of the Indian Constitution mention vertical reservation.

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29
Q

What is horizontal reservation?

A

Horizontal reservation refers to the benefits provided to other categories of beneficiaries, such as women, the transgender community, and individuals with disabilities, within the vertical reservation categories.

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30
Q

How can horizontal reservation be described?

A

Horizontal reservation can be seen as “reservations within the reservation categories.”

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31
Q

What are some examples of beneficiaries under horizontal reservation?

A

Examples of beneficiaries under horizontal reservation include women, the transgender community, and individuals with disabilities.

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32
Q

What is reasonable classification?

A

Reasonable classification refers to the classification used to provide benefits or unequal treatment in a reasonable manner, avoiding class legislation.

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33
Q

What is class legislation?

A

Class legislation refers to legislation that provides benefits or unequal treatment only to a specific category or class.

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34
Q

Which articles in the Indian Constitution deal with the Union executive?

A

Articles 52 to 78 in Part V of the Constitution deal with the Union executive.

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35
Q

Who are the members of the Union executive?

A

The Union executive consists of the President, the Vice-President, the Prime Minister, the Council of Ministers, and the Attorney General of India.

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36
Q

Who is the nominal executive head of the Union?

A

The President is the nominal executive head (de jure) of the Union.

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37
Q

Who is the real executive head of the Union?

A

The Prime Minister is the real executive head (de facto) of the Union.

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38
Q

In whom is the executive power of the Union vested?

A

The executive power of the Union is vested in the President, and it is exercised by him either directly or through subordinate officers in accordance with the Constitution (Article 53).

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39
Q

How does the President exercise executive power?

A

The President exercises executive power in accordance with the aid and advice of the council of ministers headed by the Prime Minister (Article 74).

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40
Q

Which articles in the Indian Constitution deal with the state executive?

A

Articles 153 to 167 in Part VI of the Constitution deal with the state executive.

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41
Q

Who are the members of the state executive?

A

The state executive consists of the Governor, the Chief Minister, the Council of Ministers, and the Advocate General of the State.

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42
Q

Who is the Chief executive head of the state?

A

The Governor is the Chief executive head of the state, but like the president, he holds a nominal executive position (titular or constitutional head).

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43
Q

In whom is the executive power of the state vested?

A

The executive power of the state is vested in the Governor, and it is exercised by him either directly or through subordinate officers in accordance with the Constitution (Article 154).

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44
Q

How does the Governor exercise executive power?

A

The Governor has to act in accordance with the aid and advice of the council of ministers headed by the Chief Minister, except for his discretionary functions (Article 163).

45
Q

What does Article 52 of the Constitution deal with?

A

Article 52 deals with the President of India.

46
Q

Which article defines the executive power of the Union?

A

Article 53 defines the executive power of the Union.

47
Q

What is the subject matter of Article 54?

A

Article 54 pertains to the election of the President.

48
Q

What does Article 61 cover?

A

Article 61 outlines the procedure for impeachment of the President.

49
Q

Which article grants the power to the President to grant pardons and suspensions of punishment?

A

Article 72 grants the power to the President to grant pardons, reprieves, respites, or remissions of punishment.

50
Q

What is the subject matter of Article 75?

A

Article 75 covers the appointment of the Prime Minister and other Ministers.

51
Q

Which article deals with the conduct of business of the Government of India?

A

Article 77 deals with the conduct of business of the Government of India.

52
Q

What does Article 85 address?

A

Article 85 covers sessions of Parliament, prorogation, and dissolution.

53
Q

Which article grants the President the power to consult the Supreme Court on questions of law or fact?

A

Article 143 grants the President the power to consult the Supreme Court on questions of law or fact.

54
Q

What is the subject matter of Article 123?

A

Article 123 grants the power to the President to promulgate ordinances during the recess of Parliament.

55
Q

What is the position of the Vice-President in the country?

A

The Vice-President occupies the second highest office in the country.

55
Q

What is the position of the Vice-President in the country?

A

The Vice-President occupies the second highest office in the country.

56
Q

Which country’s Vice-President is the office of the Indian Vice-President modeled after?

A

The office of the Indian Vice-President is modeled on the lines of the American Vice-President.

57
Q

What is the subject matter of Article 55?

A

Manner of election of the President.

58
Q

What does Article 63 of the Constitution cover?

A

It deals with the Vice-President of India.

59
Q

According to Article 64, what role does the Vice-President play in the Council of States?

A

The Vice-President is ex-officio Chairman of the Council of States.

60
Q

What is the subject matter of Article 65?

A

Article 65 covers the Vice-President acting as President or discharging their functions during casual vacancies in the office or the absence of the President.

61
Q

What does Article 67 address?

A

Article 67 deals with the Vice-President’s vote in the event of an equality of votes.

62
Q

What is covered in Article 68?

A

Article 68 specifies the time of holding an election to fill a vacancy in the office of Vice-President and the term of office for a person elected to fill a casual vacancy.

63
Q

What does Article 69 pertain to?

A

Article 69 relates to the oath or affirmation taken by the Vice-President.

64
Q

Under what circumstances does Article 70 come into play?

A

Article 70 addresses the discharge of the President’s functions in other contingencies.

65
Q

What is the subject matter of Article 71?

A

Article 71 deals with matters relating to the election of the President and the Vice-President.

66
Q

What is the role of the Vice-President in the Rajya Sabha?

A

The Vice-President acts as the ex-officio Chairman of the Rajya Sabha, with powers and functions similar to those of the Speaker of the Lok Sabha.

67
Q

When does the Vice-President act as the President?

A

The Vice-President acts as the President when a vacancy occurs in the office of the President due to resignation, removal, death, or other reasons.

68
Q

How long can the Vice-President act as the President?

A

The Vice-President can act as the President for a maximum period of six months, during which a new President must be elected.

69
Q

What are the emoluments for the Vice-President?

A

The Constitution does not specify any emoluments for the Vice-President in that capacity. However, they receive their regular salary in their capacity as the ex-officio Chairman of the Rajya Sabha.

70
Q

What happens when the sitting President is unable to discharge their functions?

A

The Vice-President assumes the responsibilities and discharges the functions of the President until the President is able to resume office.

71
Q

Does the Vice-President perform the duties of the Chairman of the Rajya Sabha while acting as President?

A

No, while acting as the President, the Vice-President does not perform the duties of the office of the Chairman of the Rajya Sabha. During this period, the duties are performed by the Deputy Chairman of the Rajya Sabha.

72
Q

How are the President and Vice-President elected?

A

Both the President and Vice-President are elected through indirect elections, not directly by the people. The election is conducted using the system of proportional representation and the single transferable vote.

73
Q

Who decides doubts and disputes related to the election of the President or Vice-President?

A

The Supreme Court of India inquires into and decides any doubts or disputes concerning the election of the President or Vice-President. The decision of the Supreme Court in such matters is final.

74
Q

Which articles in the Constitution deal with the electoral college for the election of the President and the Vice-President?

A

Articles 54 and 55 of the Constitution address the electoral college for the election of the President and the manner of the election.

75
Q

Who forms the electoral college for the election of the President?

A

The electoral college consists of the elected members of both Houses of Parliament, the elected members of the Legislative Assemblies of states, and the elected members of the Legislative Assemblies of the union territories of Delhi and Puducherry.

76
Q

How is the election of the President conducted?

A

According to Article 55(3) of the Constitution, the election of the President is conducted using the system of proportional representation by means of a single transferable vote. The voting at the Presidential election is done by secret ballot.

77
Q

What is proportional representation in elections?

A

Proportional representation is an election system where seats are allocated in proportion to the total votes each party receives. It aims to make election results more proportional to the votes cast for each party.

78
Q

How does proportional representation differ from the First-past-the-post system?

A

In proportional representation, seats are allocated based on the proportion of votes received, while in the First-past-the-post system, the candidate with the most votes wins, regardless of the proportion of votes received by their party.

79
Q

What is the Single Transferable Vote?

A

The Single Transferable Vote is an electoral system where voters rank candidates in order of preference on their ballot. It allows for the transfer of votes to other candidates if the voter’s preferred candidate does not reach the required threshold.

80
Q

What is the purpose of the quota of votes in the Single Transferable Vote system?

A

The quota of votes is the minimum number of votes required for a candidate to be elected. It is calculated by dividing the total valid votes by the number of candidates to be elected, adding one to the quotient.

81
Q

How does the Single Transferable Vote system ensure an absolute majority for the elected candidate?

A

The Single Transferable Vote system requires a candidate to secure the quota of votes to be declared elected. This ensures that the successful candidate has the support of an absolute majority of voters.

82
Q

Electoral Quota Formula

A

*Formula: Quota = (Total Valid Votes) / (Number of Seats + 1) + 1
*Purpose: Determines the minimum number of votes required for a candidate to be elected
*Calculation: Divide the total valid votes by the number of seats to be filled, add 1 to the quotient, and add 1 again
*Single Transferable Vote: Used in this system to ensure candidates are elected with an absolute majority of votes
*Threshold: Candidates must surpass the quota to be declared elected
*Surplus Votes: Any excess votes received by elected candidates can be transferred based on voter preferences

83
Q

How does the voting process work in the election of the President?

A

Each member of the electoral college is given one ballot paper and marks their preferences by numbering the candidates.

84
Q

What happens if a candidate secures the required quota of votes in the first phase?

A

The candidate is declared elected as the President.

85
Q

What happens if no candidate secures the required quota in the first phase?

A

The process of transferring votes begins, starting with the candidate who received the least number of first preference votes.

86
Q

Who comprises the electoral college for the election of the President?

A

The electoral college consists of elected members of both Houses of Parliament, elected members of state legislative assemblies, and elected members of the legislative assemblies of Delhi and Puducherry.

87
Q

Do nominated members of Parliament and state legislative assemblies participate in the election of the President?

A

No, nominated members do not participate in the election of the President.

88
Q

What is the principle of uniformity and parity in the election of the President?

A

The Constitution ensures uniformity in the scale of representation among different states and parity between the states as a whole and the Union in the election of the President.

89
Q

How is the number of votes determined for each elected member of the legislative assembly (MLA)?

A

The number of votes for an MLA is determined by dividing the population of the state by the total number of elected members in the state legislative assembly, and then multiplying it by (1/1000).

90
Q

Can you express the formula for the value of an MLA’s vote?

A

The formula for the value of an MLA’s vote is: (Total population of the state / Total number of elected members in the state legislative assembly) * (1/1000).

91
Q

What determines the number of votes for elected members of Parliament (MP)?

A

The number of votes for an MP is determined by dividing the total number of votes assigned to members of the legislative assemblies of the states by the total number of elected members in both Houses of Parliament.

92
Q

How can you express the formula for the value of an MP’s vote?

A

The formula for the value of an MP’s vote is: Total value of votes of all MLAs of the states / Total number of elected members of Parliament.

93
Q

Which article of the Constitution deals with matters relating to the election of the President?

A

Article 71 deals with matters relating to the election of the President.

94
Q

What does Article 71 state regarding disputes arising from the election of the President?

A

Article 71 states that any dispute arising with respect to the election of the President will be adjudicated by the Supreme Court, and its decision will be considered final.

95
Q

Can the election of the President or Vice President be questioned due to vacancies among the members of the electoral college?

A

No, the election of the President or Vice President cannot be called into question on the ground of the existence of any vacancy for whatever reason among the members of the electoral college electing him.

96
Q

How long is the term of office of the President according to Article 56?

A

The term of office of the President is five years according to Article 56.

97
Q

What happens if a new President is not yet elected?

A

Until a new President is elected, the incumbent President shall hold the office.

98
Q

How can the President resign from office before the expiry of the term?

A

The President can resign before the expiry of the term by writing to the Vice President.

99
Q

Who should the President’s resignation be communicated to?

A

The President’s resignation should be communicated to the Speaker of the House of People (Lok Sabha).

100
Q

How can the President be removed from office for violation of the Constitution?

A

The President can be removed from office for violation of the Constitution through the process of impeachment provided under Article 61.

101
Q

Which article of the Constitution deals with the qualifications for election as President?

A

Article 58 deals with the qualifications for election as President.

102
Q

What are the qualifications required to be eligible for election as President?

A

The qualifications for election as President are: being a citizen of India, being at least 35 years of age, being qualified for election as a member of the Lok Sabha, and not holding any office of profit under the Union government, state government, local authority, or any other public authority.

103
Q

How many subscribers are required for the nomination of a candidate for the office of President?

A

The nomination of a candidate for the office of President must be subscribed by at least 50 electors as proposers and 50 electors as seconders.

104
Q

Can the President of India be re-elected?

A

Yes, according to Article 57, the President of India can be re-elected any number of times, unlike the United States where the President can be elected only twice.

105
Q

Which article of the Constitution talks about the oath and affirmation of the President of India?

A

Article 60 talks about the oath and affirmation of the President of India.

106
Q

Who administers the oath to the President of India?

A

The oath of the President is administered in the presence of the Chief Justice of India or the senior-most judge in his absence.

107
Q

What does the President affirm during the oath-taking ceremony?

A

The President affirms that he/she will faithfully execute the office of President or discharge the functions of the President of India, will do the best of his ability to preserve, protect, and defend the Constitution and the law, and will devote himself to the service and well-being of the people of India.

INDIAN POLITY (40 decks)

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