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POLITY > Salient Features > Flashcards

Salient Features Flashcards

1
Q

2 types of Constitutions in the world

A

Written
● Unwritten

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2
Q

Lengthiest written Constitution in the World

A

Indian Constitution

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3
Q

Originally

Now

A

– 395 Article, 22 Parts, 8 Schedules
– Approx. 470 Articles, 25 Parts, 12 Schedules

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4
Q

Comparison

A

American Constitution – 7 Articles originally
Australian Constitution – 128 Articles originally
Chinese Constitution – 138 Articles originally
Canadian Constitution – 147 Articles originally

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5
Q

Why lengthiest written Constitution ?

A

● Geographical extent
● Historical context
● Single Constitution for Center and States
● Contains detailed administrative provisions for Center and States – Legislative, Executive and
Financial
● Principles and administrative procedures of governance
● Incorporates experiences of different constitutions of the world
● Codified Conventions
● Detailed provisions for SC/ST/Backward Classes

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6
Q

Lengthiest Written Constitution

A

● Incorporate everything in the Constitution
● To prevent jeopardising the working of the Constitution

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7
Q

Even if it’s the lengthiest written Constitution

A

● Many matters of administration
● Le to the Legislature and the Executive

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8
Q

Role of Conventions

A

● For the gap le between the Constitution and the law
● Lengthiest Written Constitution
● Drawn from Various Sources
● Blend of Rigidity and Flexibility
● Federal System with Unitary Bias
● Parliamentary Form of Government
● Balance of Parliamentary Sovereignty and Judicial Supremacy
● Integrated and Independent Judiciary

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9
Q

Drawn from Various Sources

A

● Provisions borrowed from different Constitutions of the world
● Also – 250 provisions of Government of India Act, 1935 – borrowed

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10
Q

Government of India Act, 1935

A

Maximum influence over the Constitution

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11
Q

Dr. B.R. Ambedkar

A

Indian Constitution has been framed a er ransacking all the known Constitutions of the world

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12
Q

Government of India Act of 1935

A

Federal Scheme, Office of governor, Judiciary, Public Service Commissions, Emergency provisions and administrative details

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13
Q

British Constitution

A

Parliamentary government, Rule of Law, legislative procedure, single citizenship, cabinet system, prerogative writs, parliamentary privileges and bicameralism

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14
Q

US Constitution

A

Fundamental rights, independence of judiciary, judicial review, impeachment of the president, removal of Supreme Court and high court judges and post of vice-president

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15
Q

Irish Constitution

A

Directive Principles of State Policy, nomination of members to Rajya Sabha and method of election of president

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16
Q

Canadian Constitution

A

Federation with a strong Centre, vesting of residuary powers in the Centre, appointment of state governors by the Centre, and advisory jurisdiction of the Supreme Court

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17
Q

Australian Constitution

A

Concurrent List, freedom of trade, commerce and inter-course, and joint sitting of the two Houses of Parliament

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18
Q

Weimar Constitution of Germany

A

Suspension of Fundamental Rights during Emergency

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19
Q

Soviet Constitution (USSR, now Russia)

A

Fundamental duties and the ideal of justice (social, economic and political) in the Preamble

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20
Q

French Constitution

A

Republic and the ideals of liberty, equality and fraternity in the Preamble

21
Q

South African Constitution

A

Procedure for amendment of the Constitution and election of members of Rajya Sabha

22
Q

Japanese Constitution

A

Procedure established by Law

23
Q

French Constitution

A

Republic and the ideals of liberty, equality and fraternity in the Preamble

24
Q

Match List I (Item in the Indian Constitution) with List II (Country from which it was derived) and select the correct answer using the codes given below the list.
List I
A. Directive Principles of State Policy
B. Fundamental Rights
C. Concurrent List in Union-State Relations
D. India as a Union of States with greater
powers to the Union
Codes ABCD
A. 5412 B. 3421 C. 5421 D. 3512

A

Answer (D)

25
Q

SALIENT FEATURES OF THE CONSTITUTION

A

● Lengthiest Written Constitution
● Drawn from Various Sources
● Blend of Rigidity and Flexibility
● Federal System with Unitary Bias
● Parliamentary Form of Government
● Balance of Parliamentary Sovereignty and Judicial Supremacy
● Integrated and Independent Judiciary

26
Q

2 types of Constitutions in the World

A

● Rigid – Special process to amend the Constitution (Ex: USA)
● Flexible – process similar to ordinary law to amend the Constitution (Ex: Britain)

27
Q

Article 368 of the Indian Constitution

A

● Certain cases – Special Majority required to Amend the Constitution – Majority of Total Membership of the House and Majority of not less than 2/3rd of the Members Present and Voting
● Certain cases - Special Majority required to Amend the Constitution – Majority of Total Membership of the House and Majority of not less than 2/3rd of the Members Present and Voting + Ratification by at least half of the state legislatures

28
Q

Certain provisions of the Constitution

A

● Can be amended by a Simple Majority of the Parliament
● Legislation supplementing the Constitution
● Make laws to supplement the provisions of the Constitution
● Can be changed without going through the Constitutional Amendment Process

29
Q

Federal System of Government

A

● Division of power between the Center and the States
● Written Constitution – Article 246 and 7th Schedule
● Supremacy and Rigidity of the Constitution
● Independent Judiciary
● Bicameralism

30
Q

Certain features of a Strong Center

A

● Single Citizenship
● Integrated Judiciary
● Appointment of Governors by President
● All India Services
● Emergency Provisions

31
Q

K.C. Wheare

A

● Federal in Form, Unitary in Spirit
● Quasi Federal

32
Q

Morris Jones

A

Bargaining Federalism

33
Q

Granville Austin

A

Cooperative Federalism

34
Q

Ivor Jennings

A

Federation with a Centralizing Tendency

35
Q

Which one of the following in Indian polity is an essential feature that indicates that it is federal in character?
(a) The independence of judiciary is safeguarded.
(b) The Union Legislature has elected representatives from constituent units. (c) The Union Cabinet can have elected representatives from regional parties. (d) The Fundamental Rights are enforceable by Courts of Law.

A

A

36
Q

India

A

● Parliamentary form of Government
● At the central as well as the state level

37
Q

American System

A

● Presidential form
● Strict separation of power between the legislature and executive

38
Q

Features of Parliamentary Form of Government

A

● Nominal and Real Executive (Also known as Prime Ministerial form of Government)
● Majority Party Rule
● Collective Responsibility of the Executive to Legislature
● Membership of Ministers in the Legislature
● Leadership of Prime Minister / Chief Minister
● Dissolution of Lok Sabha / Vidhan Sabha

39
Q

Balance between Parliamentary Sovereignty and Judicial Supremacy

A

● Britain
○ Parliamentary Sovereignty
○ Procedure Established by Law
● USA
○ Judicial Supremacy
○ Due Process of Law

40
Q

India

A

● Balance between Parliamentary Sovereignty and Judicial Supremacy
● Balance between Due Process of Law and Procedure Established by Law

41
Q

Indian Parliament

A

Pass a law – to by-pass the Judgments of the Supreme Court

42
Q

Supreme Court

A

Review the laws of the Parliament

43
Q

The main advantage of the parliamentary form of government is that
(a) the executive and legislature work independently.
(b) it provides continuity of policy and is more efficient.
(c) the executive remains responsible to the legislature.
(d) the head of the government cannot be changed without election.

A

C

44
Q

There is a Parliamentary System of Government in India because the
(a) Lok Sabha is elected directly by the people
(b) Parliament can amend the Constitution
(c) Rajya Sabha Cannot be dissolved
(d) Council of Ministers is responsible to the Lok Sabha

A

D

45
Q

Consider the following statements :
A Constitutional Government is one which
1. places effective restrictions on individual liberty in the interest of State Authority
2. places effective restrictions on the Authority of the State in the interest of individual liberty
Which of the statements given above is/ are correct? (a) 1 only
(b) 2 only
(c) Both1and2 (d) Neither 1 nor 2

A

B

46
Q

Integrated Judiciary

A

○ Supreme Court
○ High Courts
○ District Courts
● Single System of Courts
● To implement Central and State Laws

47
Q

USA

A

● Separate Judiciary
● Central Laws – Central Judiciary
● State Laws – State Judiciary

48
Q

Independence of Courts in India

A

● Fixed Salary
● Difficult to remove the Judges
● Security of Tenure
● All the expenses drawn out of Consolidated Fund of India
● No discussion on Conduct of Judges in Parliament
● Power to Punish for its Contempt

49
Q

Other Major Features of the Constitution

A

● Fundamental Rights
● DPSP
● Fundamental Duties
● Provisions for Local Bodies and Cooperative Societies
● Right to Vote and Universal Adult Franchise
● Constitutional Bodies

POLITY (5 decks)

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