Indian Polity Flashcards

1
Q

When & which fundamental rights can be suspend? Also state the exceptions.

A

Fundamental Rights (excluding rights by articles 20, 21) can be suspended only during an emergency due to external invasion/war (not in internal emergency).

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2
Q

Which states don’t have a Lokyukta?

A

J&K, TN, WB, Andhra, all NE States

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3
Q

National Heath Policy are followed in which countries?

A

Brazil & Thailand

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4
Q

Article 12-35 belongs to?

A

Fundamental Rights

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5
Q

State the amendments made by NJAC Act?

A
  • it was 121st Constitution Amendment Bill
  • amended article 124 (clause 2) dealing with appointment of SC judges & 217 (clause 1) dealing with appointment of HC judges.
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6
Q

Members of NJAC Commission?

A

CJI of SC
SC’s two senior most judges
Union Law Minister
Two eminent personalities appointed by PM & Leader of Opposition (1st- sc/St/obc/minority/women)

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7
Q

Acts passed by a joint sitting of the Parliament?

A
  1. Dowry Prohibition Act, 1961
  2. Banking Service Commission Repeal Bill, 1978
  3. Prevention of Terrorism Act, 2002
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8
Q

Which states have Legislative Councils?

A

Andhra, Telangana, Bihar, UP, Maharashtra, Karnataka

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9
Q

Which states have Legislative Councils?

A

Andhra, Telangana, Bihar, UP, Maharashtra, Karnataka

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10
Q

1st Fundamental Right and its various articles?

A
  • ar-14: Right to Equality
  • ar-15: Prohibition of Discrimination
  • ar-16: Equality of Opportunity in Employment
  • ar-17: Abolishment of Untouchability
  • ar-18: Abolition of Titles
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11
Q

Describe various articles related to Right to Freedom?

A

•ar-19: garuntees 6 rights as follows:-

         1. Speech & Expression
         2. Assembling Peacefully 
         3. forming Association/Unions
         4. Moving freely in India 
         5. Reside & Settle in any part of India 
         6. Practicing any Professions
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12
Q

What are Constitutional Rights & name them with their articles.

A

The Rights other than the rights of Part 3 by the constitution of India; justiciable through HC

  1. Article 265 (part-12)- no tax collection by anyone except authorities
  2. Article 300A (part-12)- no one can deprive anyone of his property except by authorities
  3. Article 301 (part-13)- trade, commerce, travelling is free within the Indian territory
  4. Article 326 (part-15)- election to LS & SLA to be through adult suffrage
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13
Q

Exceptions to Fundamental Rights.

A
  • article-31A- acquisition by state
  • article-31B- Schedule 9 laws
  • article-31C- executing DPSPs
  • article-31D- no FRs for terrorists
  • article-33- restrictions to armed forces
  • article-34- Martial Law
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14
Q

Fundamental Rights given only to Indians?

A
  1. Article 15- Prohibition of discrimination
  2. Article 16- equality of opportunity
  3. Article 19- Freedom rights
  4. Protection of language, script, culture of minorities
  5. Article 30- Minority’s rights to establish & administer educational institutions
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15
Q

What is the Essential Services Maintenance Act (ESMA)?

A

-It is an act of Parliament of India. It is a central law.
-It was established to ensure the delivery of certain services, which if obstructed would affect the normal life of the people. These include services like public transport (bus services), health services (doctors and hospitals).
-Its execution rests entirely on the discretion of the State government (This freedom is accorded by the central law itself). Each state has a separate state Essential Services Maintenance Act with slight variations from the central law in its provisions.

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16
Q
42nd Amendment Act of 1976
44th Amendment Act of 1978
61st Amendment Act of 1988
76th Amendment Act of 1994
77th Amendment Act of 1995
79th Amendment Act of 1999
81st Amendment Act of 2000
85th Amendment Act of 2001
80th Amendment Act of 2000
88th Amendment Act of 2003
93rd Amendment Act of 2005
A
  • 42nd• Transferred five state subjects to concurrent list. Subjects were: Education, Forests, Weights and Measurements, Wildlife Protection, Justice (District Courts only) and added 4 new DPSPs
  • 44th• removed Freedom the acquire property from article 19; to protect the rights of minorities for educational institutes of their own choices
  • 61st• voting age reduced from 21 to 18
  • 76th• added TN’s reservation clause in Schedule 9 to exempt the law from judicial review.
  • 77th• added provisions for reservations for promotions.
  • 79th• extended the provision of nomination of Anglo-Indians in Lok Sabha till 2010.
  • 81st• nullified back-logging of unfilled reserved vacancies and made a new provision for creation of a separate class of vacancies comprising of last year’s unfilled vacancies.
  • 85th• added a provision of consequential seniority in case of promotions in government jobs for backward classes.
  • 80th• gave effect to 10th Financial Commission’s recommendations–1. 29% of revenue collected from certain taxes to be allocated to states; 2. Sharing of Corporation Tax and Custom Duties to be made at par with Income Tax.
  • 88th• added new article 268-A dealing with Service Tax and added a new subject in Union List named 92-C entry (service tax).
  • 93rd• added a new provision to article 15 (Prohibition of Discrimination), that is, no person shall be denied of education in any institution, public or private, aided or unaided
17
Q

Keshvanand Bharati Case, 1973
Meneka Case, 1978
Gopalan Case, 19…

A

Meneka Case- SC gave wider interpretation of right to life and personal liberty, which implicitly conveyed that article 21 provides protection against arbitrary executive actions as well as arbitrary legislations also.

18
Q

What is the Philosophy, Soul and Conscience of the constitution?

A

Fundamental Rights and DPSPs