Miscellaneous Set 1 Flashcards
Which act made the first attempt to introduce a representative and popular element in the governance of India?
The Indian Councils Act 1909,
commonly known as the Morley-Minto or Minto-Morley Reforms,
was an Act of the Parliament of the United Kingdom that brought about a limited increase in the involvement of Indians in the governance of British India
The Indian Councils Act 1909,
commonly known as?
Morley-Minto Reforms
The System of Dyarchy was introduced by
the Government of India Act (1919)
introduced as a constitutional reform by Edwin Samuel Montagu (secretary of state for India, 1917–22) and Lord Chelmsford (viceroy of India, 1916–21).
Dyarchy, also spelled diarchy, the system of double government introduced by the Government of India Act (1919) for the provinces of British India. It marked the first introduction of the democratic principle into the executive branch of the British administration of India. Though much-criticized, it signified a breakthrough in the British Indian government and was the forerunner of India’s full provincial autonomy (1935) and independence (1947). Dyarchy was introduced as a constitutional reform by Edwin Samuel Montagu (secretary of state for India, 1917–22) and Lord Chelmsford (viceroy of India, 1916–21).
Govt of India Act, 1919 also known as
Montague-Chelmsford Reforms act
introduced as a constitutional reform by Edwin Samuel Montagu (secretary of state for India, 1917–22) and Lord Chelmsford (viceroy of India, 1916–21).
Which act gave a separate representation to the Muslims during the British rule?
Indian Councils Act, 1909
The System of Communal electorate was introduced by
Indian Councils Act, 1909
Who was the advisor to the constituent assembly?
B.N. Rao
Who acclaimed that the Indian Constitution has been framed after ransacking all the known constitution of the world?
Ambedkar
The words ‘except according to the procedure established by law’ in article 21 were borrowed from?
Japanese Constitution
The preamble was prepared by
Pandit Jawaharlal Nehru
From which constitution was the concept of a 5-year plan borrowed?
the USSR
Who administered the oath to Pdt. Jawaharlal Nehru?
Lord Mountbatten
Which committee initially suggested two categories of rights: one justifiable (fundamental rights) and the other in the form of DPSP should be regarded as fundamental in the governance of country?
Sapru Committee
Who advised the framers of the Constitution to eliminate the original Due Process Clause of the American Constitution?
Justice Felix Frankfurter of the U.S. Supreme Court advised one of the chief architects of India’s Constitution, Sir Benegal Narsing Rau, to delete the words “due process of law”
The National Calendar was adopted on
22 March 1957
The national calendar based on the Saka Era, with Chaitra as its first month and a normal year of 365 days was adopted from 22 March 1957 along with the Gregorian calendar for the following official purposes: Gazette of India. News broadcast by All India Radio. Calendars issued by the Government of India
Who defined Preamble of Constitution as an Identity card of the constitution?
Palkhiwala
which constitution is called lawyers paradise and why
Criticism against the Indian Constitution because of its length and elaborate legal language is that it is “A Lawyers’ Paradise”. … They have made the constitution not only long but also extremely complicated. Ivor Jennings has described our constitution as a ‘lawyer’s paradise’.
Who said that ‘Preamble’ as “ the horoscope of our sovereign democratic republic”?
Horoscope of Indian Constitution (by KM Munshi),
Soul of the Constitution (by Thakurdas Bhargav)
and identity card of the constitution (by NA Palkhiwala).
which article was repealed by the constitutional 36 Amendment Act 1975?
Remove article 2A.
Formation of Sikkim as a State within the Indian Union.
India had extended the ‘exclusive economic zone’ of India up to a distance of ____ nautical miles into the sea from share baseline after the 40th amendment act, 1956?
200
40th amendment act, 1956
Enable Parliament to make laws with respect to the Exclusive Economic Zone and vest the mineral wealth with the Union of India.
An exclusive economic zone (EEZ) is a sea zone prescribed by the 1982 United Nations Convention on the Law of the Sea over which a state has special rights regarding the exploration and use of marine resources, including energy production from water and wind.[1] It stretches from the baseline out to 200 nautical miles (nmi) from its coast.
which article of the Constitution of India deals with formation of new states and alteration of names of existing states?
Article 3
which article of the Constitution of India defines the word domicile?
Article 5.
Sonia Gandhi acquired Indian citizenship by
By registration
what was introduced by citizenship Amendment Act 2005?
Overseas citizenship
foreigner can acquire Indian citizenship by applying to the government. this mode of acquiring citizenship is called?
Citizenship of India by naturalization
Overseas citizenship of India scheme came into force on
It was introduced by The Citizenship (Amendment) Act, 2005 in August 2005
when a part of the statue is declared unconstitutional depending provisions can be separated from the constitutinal part this doctrine is called?
doctrine of severability
The doctrine of severability means that a law is void only “to the extent of the inconsistency or contravention” with the relevant Fundamental Right according to Article 13 of the Indian Constitution.
What is meant by the doctrine of eclipse?
The doctrine of eclipse means that an existing law inconsistent with a Fundamental Right, though becomes inoperative from the date of the commencement
What is a ‘doctrine of waiver’?
Doctrine of Waiver says that Fundamental Rights are not absolute and are subject to certain reasonable restrictions and hence an individual cannot chose to get his fundamental rights waived, relinquished or abandoned.
The doctrine of Repugnancy essentially deals with
the conflict between the laws of Centre and State
What is doctrine of stare decisis?
a legal doctrine that obligates courts to follow historical cases when making a ruling on a similar case. … Simply put, it binds courts to follow legal precedents set by previous decisions.
Stare decisis is a Latin term meaning “to stand by that which is decided.”
who among the following judges propounded the basic structure Doctrine in the kesavananda Bharati case 1973?
Chief Justice Sarv Mittra Sikri,
Justice Hans Raj Khanna’s
the concept of ‘equality before law’ is derived from the concept of ‘rule of law’ which was propounded by
Dicey
A. V. Dicey, was a British Whig jurist and constitutional theorist.
which government appointed The Mandal Commission to suggest the measures to advancement of backward classes?
the Janata Party government under Prime Minister Morarji Desai
The Mandal Commission, or the Socially and Educationally Backward Classes Commission (SEBC), was established in India on 1 January 1979 by the Janata Party government under Prime Minister Morarji Desai with a mandate to “identify the socially or educationally backward classes” of India.
which articles were introduced by the constitution first Amendment Act 1951
Article 15(4) says that, Article 15 shall not prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.
article 15(3) reservation for woman & childhren was suitably amplified
It provided against abuse of freedom of speech and expression, validation of zamindari abolition laws, and clarified that the right to equality does not bar the enactment of laws which provide “special consideration” for weaker sections of society.
“Romesh Thappar vs The State Of Madras” leads to
provision limiting Article 19(1)(a) of Constitution of India against “abuse of freedom of speech and expression”
In 1950, a leftist weekly journal in English, Cross Roads, published by Romesh Thapar was banned by the Madras State for publishing critical views on Nehruvian policy, who petitioned the Supreme Court, which led to the landmark judgment in “Romesh Thappar vs The State Of Madras” on 26 May 1950.
which article was introduced by the constitutional 93rd amendment act 2005?
article 15 (5)
Article 15(5) moves a step ahead and empowers the country to make reservations with regard to admissions into educational institutions both privately run and those that are aided or not aided by the government. From this rule only the minority run institutions such as the Madarsas are exempted.
in which cases the question regarding reservation is considered by the supreme court for the first time
(State of Madras Vs. Smt. Champakam Dorairanjan AIR 1951 SC 226)
Court ruled that caste-based reservations as per Communal Award violate Article 15(1).
1st constitutional amendment (Art. 15 (4)) introduced to make judgment invalid.
Indira Sawhney & Ors v. Union of India. AIR 1993 SC 477: 1992 Supp (3) SCC 217 related to?
that reservation of appointments or posts under Article 16(4) included promotions
It was over ruled by SC and held that Reservations cannot be applied in promotions.
77th Constitution amendment (Art 16(4 A) & (16 4B) introduced to make a judgement as invalid.
M. Nagraj & Ors v. Union of India and Ors. AIR 2007 SC 71 held the amendments constitutional. 1. Art. 16(4)(A) and 16(4)(B) flow from Art. 16(4)
which article was omitted by the constitutional 44th Amendment Act 1978
the right to property accorded to every citizen in Article 19(1)(f) and Article 31
a law that retroactively changes the legal consequences of the actions committed or relationship that existed prior to the enactment of the law is called
An ex post facto law
(corrupted from Latin: ex postfacto, lit. ‘out of the aftermath’) is a law that retroactively changes the legal consequences (or status) of actions that were committed, or relationships that existed, before the enactment of the law. … Such legal changes are also known by the Latin term in mitius.
Amnesty Law
a form of ex post facto law which decriminalize certain acts.
(Alternatively, rather than redefining the relevant acts as non-criminal, it may simply prohibit prosecution; or it may enact that there is to be no punishment, but leave the underlying conviction technically unaltered
which of the following is the leading case right against self incrimination and testimonial compulsion
State of Bombay v. Kathi Kalu Oghad, AIR 1961 SC 1808: (1962) 3 SCR 10.
which was the first case in which compensation was awarded for the violation of article 21
Rudul Sah v. State of Bihar, (1983) 4 SCC 141
Mithu vs. State of Punjab is landmark case in SC held that _____punishment is voilative of?
Capital Punishment is voilative of Article 21
The Supreme Court in Mithu vs. State of Punjab struck down Section 303 of the Indian Penal Code, which provided for a mandatory death sentence for offenders who committed murder whilst serving a life sentence.[
What is Maneka Gandhi vs Union of India? Why is it a landmark case?
It was finally held by the court that the right to travel and go outside the country is included in the right to personal liberty guaranteed under Article 21. The Court ruled that the mere existence of an enabling law was not enough to restrain personal liberty. Such a law must also be “just, fair and reasonable”.
This case is a landmark judgement which played the most significant role towards the transformation of the judicial view on Article 21 of the Constitution of India so as to imply many more fundamental rights from article 21.
This case is always read and linked with A.K. Gopalan v. State of Madras case, because this case revolves around the concept of“personal liberty” which first came up for consideration in the A.K. Gopalan’s case.
JUDGES INVOLVED IN THE CASE-
This case was decided by a 7-judge bench of the Supreme Court in 1978.
The judges involved in the case were-
M.H. Beg, C.J. P.N. Bhagwati. Y.V. Chandrachud. V.R. Krishna Iyer. N.L. Untwalia. P.S. Kai asam. S. Murtaza Fazal Ali. FACTS OF THE CASE–
The factual summary of this case is as follows-
Maneka Gandhi was issued a passport on 1/06/1976 under the Passport Act 1967. The regional passport officer, New Delhi, issued a letter dated 2/7/1977 addressed to Maneka Gandhi, in which she was asked to surrender her passport under section 10(3)(c)of the Act in public interest, within 7 days from the date of receipt of the letter.
Maneka Gandhi immediately wrote a letter to the Regional Passport officer, New Delhi seeking in return a copy of the statement of reasons for such order. However, the government of India, Ministry of External Affairs refused to produce any such reason in the interest of general public.
Later, a writ petitionwas filed by Maneka Gandhi under Article 32 of the Constitution in the Supreme Court challenging the order of the government of India as violating her fundamental rights guaranteed under Article 21 of the Constitution.
ISSUES OF THE CASE–
The main issues of this case were as follows-
Whether right to go Abroad is a part of right to personal liberty under Article 21.
Whether the Passport Act prescribes a ‘procedure’ as required by Article 21 before depriving a person from the right guaranteed under the said article.
Whether section 10(3)(c) of the Passport Act is violative of Article 14,19(1) (a) and 21of the constitution.
Whether the impugned order of the Regional passport officer is in contravention of the principle of natural justice.
JUDGEMNT OF TEH CASE–
To the extent to which section 10(3)(c) of the Passport Act, 1967 authorises the passport authority to impound a passport “in the interest of the general public”, it is violative of Article 14 of the Constitution since it confers vague and undefined power on the passport authority. Section 10(3)(c) is void as conferring an arbitrary power since it does not provide for a hearing to the holder of the passport before the passport is impounded. Section 10(3)(c) is violative of Article 21 of the Constitution since it does not prescribe ‘procedure’ within the meaning of that article and the procedure practiced is worst. Section 10(3)(c) is against Articles 19(1)(a) and 19(1)(g) since it permits restrictions to be imposed on the rights guaranteed by these articles even though such restrictions cannot be imposed under articles 19(2) and 19(6). A new doctrine of post decisional theory was evolved. One of the significant interpretation in this case is the discovery of inter connections between the three Articles- Article 14, 19 and 21. This a law which prescribes a procedure for depriving a person of “personal liberty” has to fulfill the requirements of Articles 14 and 19 also.
due process of law vs procedure established by law
The difference between “due process of law” and “procedure established by law” is thatunder the American system, a law must satisfy the criteria of a liberal democracy. In India”procedure established by law”, on the other hand, means a law duly enacted is valid even if it’s contrary to principles of justice and equity.
right to life does not include right to die it has been held in case of
State v. Sanjay Kumar Bhatia
the Delhi High Court criticized section 309 of IPC as an ‘anachronism and a paradox’
P. Rathinam v. Union of India relates to?
Euthanasia
section 309 was held to be irrational and deserves to be effaced from the statute book to humanize our penal laws. It attempts to doubly punishing the man who is in tremendous pain and would be undergoing ignominy because of failure to commit suicide.
Soon, this was also overruled in the case of Gian Kaur v. the State of Punjab and it was held that the right to life does not include the right to die or the right to be killed.
on 9th March 2018 in the case of Common Cause (A Registered Society) v. Union of India a five-judge bench of the Supreme Court recognized and gave sanction to passive euthanasia and living will/ advance directive. The implication of this is that from now Right to Die with Dignity is a Fundamental Right.
capital punishment is not violative of Article 21 of the Constitution of India has been held in the case of
Bachan Singh v. State of Punjab
right of the state to deprive a person of his life in accordance with just, fair and reasonable procedure established by valid law.
Bonded Labour act 1976 was passed the legislature inspired by:
Article 23
the word Hindu referred in article 25 of the Constitution of India includes
Article 25 (2b) uses the term “Hindus” for all classes and sections of Hindus, Jains, Buddhists, and Sikhs. Sikhs and Buddhists objected to this wording that makes many Hindu personal laws applicable to them. However, the same article also guarantees the right of members of the Sikh faith to bear a Kirpan.
Protection of interest of minorities is described in Article____ of the constitution
29
DPSP are the conscience of the constitution which embody the social philosophy of Constitution was described by
Granville Austin.
Whereas BR Ambedkar described the directive principle as NOVEL FEATURES of the Indian constitution. Directive Principle of State Policy is the conscience of the Constitution that embodies the social philosophy of the Constitution” was said by Granville Austin.
Gandhian principles have been enumerated in the _______________ .
DPSP
The Gandhian principles are incorporated in the Constitution based on the socio-economic program enunciated by Mahatma Gandhi during the long-drawn freedom struggle. Important principles are the following:
Article 40: Organization of village Panchayats;
Article 43: Promotion of cottage industries;
Article 46: Promotion and protection of interests of educational and economic interests of SCs, STs, and other weaker sections of the society and to protect them from social injustice and exploitation;
Article 47: Prohibition of consumption of intoxicating drinks and drugs which are injurious to health;
Article 48: Prohibition of slaughter of cows, calves and other milch and draught cattle and to improve their breeds.
who said the principles Directive Principles should be made the basis of all future legislation
Dr Bhimrao Ambedkar
separation of Judiciary from the executive has been provided in which of the following article of Indian Constitution
Article 50
equal justice and free Legal Aid the directive principle mentioned in
Article 39A
equal pay for equal work for both men and women has been laid down in the Indian Constitution in which article?
Article 39d
provision for just and humane conditions of work and maternity leave in the directive principles mentioned in which article
Article 42:
how many Directive Principles were added by the 42nd amendment of 1976
3
The 42nd Amendment added new Directive Principles, viz Article 39A, Article 43A and Article 48A.
The 42nd Amendment gave primacy to the Directive Principles, by stating that “no law implementing any of the Directive Principles could be declared unconstitutional on the grounds that it violated any of the Fundamental Rights”.
The 43rd and 44th Amendments repealed the 42nd Amendment’s provision that Directive Principles take precedence over Fundamental Rights, and also curbed Parliament’s power to legislate against “anti-national activities”
The supremacy of dpsp over fundamental rights provided in which amendment
The 42nd Amendment
gave primacy to the Directive Principles, by stating that “no law implementing any of the Directive Principles could be declared unconstitutional on the grounds that it violated any of the Fundamental Rights”.
The 43rd and 44th Amendments repealed the 42nd Amendment’s provision that Directive Principles take precedence over Fundamental Rights, and also curbed Parliament’s power to legislate against “anti-national activities”
which article requires the participation of workers in the management of industries
article 43a
provides that the state shall take steps by suitable legislation or in any other way to secure the participation of workers in the management of undertakings, establishments or other organizations engaged in any industry.
the Doctrine to promote international peace and security is mentioned in which article of DPSP?
Article 51
after_________________article 45 of the constitution include childhood care and education to children below 6 years
86th amendment, 2002
under which part had the fundamental duties are mentioned in the constitution?
Part IV-A
how many fundamental duties are there in article 51a when it was introduced
10 Fundamental Duties
which fundamental duty was introduced by the 86th amendment act?
article 45 of the constitution include childhood care and education to children below 6 years
The 86th CAA added a fundamental duty which state that every citizen “who is a parent or guardian, to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years”. These are moral obligations on the citizens of the country and are non-justiciable.
the post of President of India is analogous to
The Queen of UK
which articles deal with the procedure of electing the president of India
Article 54-55
a person qualified for the election as a member of _____can become the President of India?
House of People (Lok Sabha)
the nomination of candidates for the election to the office of president was proposed by at least how many electors?
at least 50 electors as proposers and 50 electors as seconders
every candidate for the election of the office of vice president must deposit an amount ________as a security deposit
₹15,000
which articles of the Constitution of India deals with Gram Sabha?
Article 243A
which article contains the forms of oaths/affirmations to subscribe by the president of India before entering into office?
article 60
the Ashok Mehta committee recommended the
The 3-tier system of Panchayati Raj should be replaced by the 2-tier system:
Zilla Parishad at the district level, and below it, the Mandal Panchayat consisting of a group of villages covering a population of 15000 to 20000. … The Nyaya Panchayats should be kept as separate bodies from that of development Panchayats.
which part of the Indian constitution deals with the municipalities
Part 9A, & Schedule 12
Municipalities. Under the Indian Constitution 74th Amendment Act, 1992 has introduced a new Part 9A in the Constitution, which deals with Municipalities in an article 243P to 243 ZG. This amendment, also known as Nagarpalika Act, came into force on 1st June 1993.
Who among the following does not find mention in the 2nd schedule of the Indian Constitution?
Prime Minister.
Chief Ministers of states.
Attorney General.
Advocate General.
Ans = All of the above.
Manipur Speaker Yumnam Khemchand on Saturday disqualified (a)_______ as a member of the Assembly for defection to the (b)_______. Mr. Shyamkumar was elected as a Congress candidate in 2017, from the 7-Andro constituency.
(a) Thounaojam Shyamkumar
(b) BJP
does Indian President have any judicial powers?
Yes
He appoints chief Justice and the judges of Supreme Court and high courts.
He can seek advice from the supreme court on any question of law or fact .
However ,the advice tendered by the Supreme Court is not binding on the President.
He can grant pardon ,reprieve ,respite and remission of punishment ,or suspend ,remit or commute the sentence of any person convicted of amy offence:
In all cases where thr punishment or sentence is by a court material.
In all cases where the punishment or sentence is for an offence against a Union law ;and
In all cases where the sentence is a sentence of death
the only instance when the president of India exercise is the power of veto is related to?
Indian Post Office (Amendment) Bill.
In 1986 President Zail Singh exercised the pocket veto with respect to the Indian Post Office (Amendment) Bill. This bill intended to impose restrictions on the freedom of the press.
if the office of president Falls vacant except due to the expiry of his term is to be filled within?
6 months
which article deals with the pardoning powers of the president of India?
Article 72
which article declares that there shall be a Vice President of India?
Article 63
which article deals with the procedure of electing the vice president of India?
Article 66
the nomination of candidates for election to the office of vice president must be proposed by at least?
20 electors and 20 seconders
the resolution to remove Vice President of India can be moved in?
Rajya Sabha
(Article 67(b))
The Constitution states that the Vice President can be removed by a resolution of the Rajya Sabha passed by an effective majority (i.e., majority of all the then member of the house ) and agreed by the Lok Sabha with simple majority (Article 67(b)).
article 361 guarantees the privilege to President of India that he shall
Not be answerable to any court during the term of his office
article 74 (1) provides that
There shall be a Council of Ministers
with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice
The principle of collective responsibility has been held in which article?
Article 75(3)
according to which article the ministers shall hold office during the pleasure of the president?
Article 75
the tenure of the council of minister lasts
As long as it enjoys the support of the majority of members of Parliament
who appoints the speaker of the pro term of Lok Sabha
The President
anti-defection law is not applicable to whom?
Speaker
is the speaker of Lok Sabha intends to vacate his office before the expiry of the term he sends his resignation to whom?
Deputy Speaker of Lok Sabha
Who is the current deputy speaker of India?
M. Thambi Durai
