FR, DPSPs & FDs Flashcards

1
Q

Which other major country has FDs

A

Japan

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2
Q

When were FDs added and amended

A

Added by 42nd CAA 1976

Amended by 86th CAA 2002

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3
Q

How many FD did Swaran Singh come suggest

A

8

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4
Q

Which committee was set up by whom for FDs and when

A

Sardar Swaran Singh Committee by Indira Gandhi govt, 1976.

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5
Q

When were FDs added

A

In 1976, during emergency (1975-77)

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6
Q

Which FDs of SS committee were not included in the FDs by govt

A
  1. Punishment for non compliance of duties
  2. No law imposing these punishments can be challenged in courts on grounds of infringement of FRs.
  3. Paying taxes
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7
Q

Do FDs extend to foreigners?

A

No.

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8
Q

Who said
“ the moral value of fundamental duties would be not to smoother rights but to establish a democratic balance by making the people conscious of their duties equally as they are conscious of their rights.”

A

Indira Gandhi

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9
Q
A
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10
Q

Who said
“ fundamental duties would have a sobering effect on these restless spirits who have had a host of antinational, subversive and unconstitutional agitations in the past.”

A

HR Gokhale, the then law minister 1976.

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11
Q

In which case SC said FDs can be used to interpret ambiguous laws in order to determine their constitutionality

A

Mohan Kumar Singhania case 1991

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12
Q

In which case SC said a common thread runs through part III, IV, and IV A ?

A

Ramlila Maidan Incident case 2012

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13
Q

Are FDs enforceable by law

A

Parliament can make a law to impose punishment for failure to fulfil them.

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14
Q

FDs inspired by

A

USSR constitution

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15
Q

What did Verma committee do wrt FDs ?

A

Identified existence of legal provisions for the implementation of some FDs.

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16
Q

Which duty was added in 2002

A

To provide opportunities for education to his or her child/ward between age of 6 and 14 years

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17
Q

List FDs

A
  1. Constitution, NF, NA
  2. Nat struggle for f
  3. Sov, unity, integrity
  4. Nat service
  5. Common brotherhood, dignity of women
  6. Preserve rich heritage of country’s composite culture
  7. Protect Nat envy
  8. Dev sci temper, humanism, spirt of inquiry and reform
  9. Safeguard pub property, abjure violence
  10. Strive towards excellence in all spheres of Indv and collective activity
  11. Edu for ward bw 6-14 yrs of age.
18
Q

Article of FDs

19
Q

Which committee identified legal provisions for FDs

A

Verma committee on FDs of citizens 1999.

20
Q

List some legal provisions that implement FDs

A

Prevention of insults to national honour act, 1971
various criminal laws
protection of civil rights act 1955
Indian penal code
unlawful activities prevention act of 1967
Representation of people act, 1951
Wildlife protection act of 1972,
Forest conservation act of 1980.

21
Q

Who said FR and DPSPs are the conscience of the constitution

A

Granville Austin

22
Q

Instrument of instructions was a part of

A

Govt of India Act of 1935

23
Q

DPSPs are inspired by

A

Instrument of instructions

24
Q

DPSPs give recommendations on which matters

A

Legislative
Executive
Administrative

25
A36
State in part 4 has the same meaning as in part 3
26
DPSPs est what type of state
Welfare state, not a police state.
27
A37
DPSPs are fundamental in the governance of the country and it shall be the duty of the state to apply these principles in making laws.
28
DPSPs are enshrined in which articles and which part
36 to 51 Part 4
29
Who pitched the OG idea of justifiable and non justiciable rights to the CA
BN Rau, the constitutional advisor to the CA
30
Who said “ a govt that rests on popular vote can hardly ignore the DPSPs while shaping its policy.”
Ambedkar
31
Who said “ no ministry responsible to the people can afford light heartedly to ignore the provisions in Part 4 of the constitution.”
Alladi Krishna Swamy Ayyyar
32
Who pointed out the constitutional conflict that DPSPs give rise to and what are these conflicts ?
K Santhanam Conflicts are bw 1. Centre and states 2. President and PM 3. Governor and CM
33
Who said “ The ghosts of Sydney Webb and Beatrice Webb stalk through the pages of the text. Part four of the Constitution expresses Fabian socialism without the socialism. DPSPs are deemed to be suitable in India in the middle of the 20th century. The question whether they are suitable for the 21st century cannot be answered but it is quite probable that they will be entirely out moded.”
Sir Ivor Jennings
34
Who said DPSPs have no consistent philosophy
Sir Ivor Jennings
35
Who said “ DPSPs are neither properly classified nor logically arranged. It mixes up relatively unimportant issues with the most vital economic and social questions.”
N Srinivasan
36
Who said “ DPSPs are pious superfluities. A check on the bank payable only when the resources of the bank for permit.”
KT Shah
37
Who said DPSPs are “no better than the new years resolutions which are broken on 2nd of January”
Nasiruddin
38
Who said “DPSPs are a veritable dustbin of sentiments”
TT Krishnamachari
39
Who called DPSPs a manifesto of aims and aspirations, a mere moral homily
KC Wheare
40
Who called DPSPs pious aspirations
Sir Ivor Jennings