Previous Year Questions (20,22,23) Flashcards by Ananya Singh

When was constitution was adopted and came into force?

26th November 1949 is the date when constitution was adopted by the constituent assembly.

Constitution of India came into force on 26th January 1950.

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Words of the preamble were amended to add?

Secular and Socialist.

The 42nd Amendment changed the description of India from a “sovereign, democratic, Republic” to a “sovereign, socialist, secular, democratic, republic” and also changed the words “unity of nation” to “unity and integrity of the nation”.

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If a state territorial extension needs to be amended, which of the following schedules of the Indian constitution must be amended?

First schedule.

First schedule contains the name of states and union territories. Territorial jurisdiction of states is also included.

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In the Constitution of India in the statement “Law inconsistent with or in derogation with fundamental rights”, law includes-

Any ordinance, order, bye law, rule, regulation, notification, custom, or usage having in the territory of India the force of Law.

Article 13 (3) of the Constitution of India- In this article unless the context otherwise requires law includes any ordinance, order, bye law, rule, regulation, notification, custom or usages having in territory of India the force of Law; laws in force includes laws passed or made by legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof, may not be in operation either at all or in particular areas.

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Article 14 of the Constitution of India states that-

The state shall not deny any person equality before law or equal protection of laws within the territory of India, on grounds of religion, race, caste, sex, or place of birth.

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Article 18 of the Constitution of India is related to-

Abolition of all titles, except military and academic.

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“No person shall be deprived of his life or personal liberty, except according to the procedure established by law” is given under

Article 21.

According to Article 2: “Protection of Life and Personal Liberty: no person shall be deprived of his life or personal liberty, except according to the procedure established by law.”

This is a fundamental right available to every person, citizens and foreigners alike. Article 21 provides two rights right to life and right to personal liberty.

The fundamental right provided by article 21 is the most important rights that the Constitution guarantees.

The Supreme Court of India has described this right as the “heart of fundamental rights”.

The right specifically mentions that no person shall be deprived of life and liberty, except as per the procedure established by law. This implies that this right has been provided against the State only. State here includes not just the government but also government departments, local bodies, the legislature, etc.

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Right to education is a _____________

Fundamental right as per article 21A.

As per the Constitution 86th amendment Act 2002, article 21A was inserted in the Constitution of India to provide free and compulsory education for all children in the age group of 6 to 14 years as a fundamental right .

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Article 21. A of the constitution was added to.-

Free and compulsory education for all children of the age of 6 to 14 years.

Article 21A declares that the state shall provide free and compulsory education to all children of the age of 6 to 14 years in such a manner as the state may determine. Thus, this provision makes only elementary education of fundamental right and not higher or professional education.

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Which of the following rate order can be issued in case of illegal detention?

Writ of Habeas Corpus.

It is the most valuable rate of personal liberty. Habeas corpus means “let us have the body”. A person when arrested can move to the court for the issue of habeas corpus. It is an order by a court to the detaining authority to produce the arrested person before it so that it may examine whether the person has been detained lawfully or otherwise, if the court is convinced that the person is illegally detained, it can issue orders for his release.

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Which of the following writs are present under the constitution of India?

Habeas corpus,
Mandamus,
Prohibition,
Quo Warranto,
Certiorari.

Article 32(2) in the Constitution of India, 1949: the Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of heaviest corpus, mandamus, prohibition, quo warranto, and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this part.

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Writ of Certiorari can be filed before?

High Court and Supreme Court.

As per article 32 and 226 of the Constitution, writ jurisdiction lies with the constitutional courts that is Supreme Court and High Court only.
Writ of certiorari is one of the writs which can be filed to obtain order of a higher court or Supreme Court giving directions to subordinate court or tribunal as to the order passed by these authorities.

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The provisions contained in Part IV of Constitution-

Shall not be enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country.

Article 37 of the Constitution of India - the provisions contained in this Part shall not be enforceable by any court, but the principal therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the state to apply these principles in making laws.

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“ equal pay for equal work” is provided under which part of the Constitution of India?

Part IV

Article 39 under Part IV of the Constitution provides for the principle of equal pay for equal work for both men and women. This provision ensures that both men and women have the right to an adequate means of livelihood.

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The provisions of separation of judiciary from executive is given under?

Article 50 of Constitution of India.

Article 50 of the Constitution of India, which contains a Directive Principle of State Policy, provides that state shall take steps to separate the judiciary from the executive in the public service of the state.

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Education as a fundamental duty provides for education for the age group of-

6 to 14 years.

It is the duty of every parent to send their children between 6 to 14 years to school. Article 51 A talks about these fundamental duties and has 11 fundamental duties that are expected to be performed by the citizens. (There were 10 earlier and 11th was added later by the 86th amendment)

The state council of ministers is maximum how much % of legislative assembly/council?

15%

The procedure for the formation of the council of ministers at the state level is same as the case of Union Council of ministers. The strength of state Council of ministers cannot be more than 15% of the strength of state legislative assembly.

The total number of council of ministers shall-

Not exceed 15% of the total number of members of the house of the people, including the Prime Minister.

Article 75 (1A) of the Indian constitution states that the total number of ministers including the Prime Minister in the council of ministers shall not exceed 15% of the total number of members of the House of the People.

An ordinary bill has to go through the following stages to become an Act-

First, second, third readings and then introduction of the bill in the second house and then assent of the President.

As per article 107 and 108 of the Indian Constitution and ordinary bill is concerned with any matter, other than financial subjects.
An ordinary bill is introduced in either house of the Parliament. Ordinary bill can be amended or rejected by Rajya Sabha and it can be detained by Rajya Sabha for a period of six months.
After being passed by both the houses of Parliament, it is presented to the President for his approval or assent under article 111 of the Indian Constitution.

Article 129 of the Constitution states that “The Supreme Court shall be a court of____________ and shall have all the powers of such a court, including the power to punish for contempt of itself”

Court of record.

Article 129 of the Indian Constitution states- the Supreme Court to be a court of record. The Supreme Court shall be a court of record and shall have all the powers of such a court, including the power to punish for contempt of itself.

Article 129 of the Constitution states that “The Supreme Court shall be a court of____________ and shall have all the powers of such a court, including the power to punish for contempt of itself”

Court of record.

The governor of the state may _______ interest to the state government or to its officers functions in relation to any matter to which the executive power of the state extends

With the consent of government of India.

Article 258 A of the Indian Constitution- Notwithstanding anything in this constitution, the governor of a state may, with the consent of the government of India, and trust either conditionally or unconditionally to that government or to its officers functions in relation to any matter to which the executive power of the state extends.

The governor of the state may _______ interest to the state government or to its officers functions in relation to any matter to which the executive power of the state extends

With the consent of government of India.

Contingency fund ____________

is an imprest account to meet unforeseen expenditure.

As per Article 267 of the Constitution of India -
Contingency fund - parliament me by law established a contingency fund in the nature of an imprest to be entitled. The contingency fund of India into which shall be paid from time to time such sums as may be determined by such law, and the said fund shall be placed at the disposal of the President to enable advances to be made by him out of such fund for the purposes of meeting unforeseen expenditure, pending authorisation of such expenditure by Parliament by Law under article 115 or article 116.

Assurance of property and contracts are made on behalf of the government in the name of-

President or governor, as the case maybe. Article 299 - Contracts: (1) all contracts made in exercise of the executive power of the union or of state shall be expressed to be made by the President, or by the governor of the State as the case maybe and all such contracts and all assurances of property made in exercise of that power shall be executed on behalf of the President or the governor by such persons and in such manner as he may direct or authorise.

Article 311 acts as a safeguard to civil servants, except-

1. Where the President is satisfied that in the interest of security of state, it is not expedient to hold an enquiry. 2. Where the governor is satisfied that in the interest of state, it is not experient to hold an enquiry. As per article 311 (2) proviso (b) where the authority empowered to dismiss or remove a person or to reduce him in rank is satisfied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to hold an inquiry ; or (c) where the president or the governor, as the case may be, is satisfied that in the interest of the security of the state, it is not expedient to hold such inquiry.

Parliament may, by law, provide for the adjudication or trial by administrative tribunal of disputes and complaints with respect to recruitment and conditions of service of persons appointed to-

public services and post in connection with the affairs of the union or of any state or of any local or other authority within the territory of India or under the control of the Government of India or of any Corporation owned or controlled by the government. As per Article 323A.

An amendment of the Constitution can be carried out by _________

Bill introduced in either house of the Parliament. As per article 368 of the Constitution of India- Power of Parliament to amend the constitution and procedure thereof.

The names of states and union territories are given in-

First schedule of Indian constitution. Schedule I of the Indian constitution contains the list of states and the union territories and their extent and territorial jurisdictions.