Salient Features Flashcards by sharu d

Mini constitution

42 nd amendment

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Unwritten constitution

British

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OG Constitution and new constitution

Articles
Parts
Schedules

395 –> 470
22–> 25
8 –> 12

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Four factors contributes to elephantine size of C

Geo factor - vastness
Historical factor - 1935 act
Single C for both tiers
Dominance of legal luminaries

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The constitution (application to J&K) order 2019 replaced

The constitution (application to J&K) order 1954.

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Aspects of Constitution drawn from

structural
philosophical
political

1935 Act
American and Irish
British

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Source : GoI 1935

Federal scheme,
office of governor,
judiciary,
Public service commission,
emergency provisions
administrative details

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Source: British constitution

Parliamentary government
rule of law
legislative procedure
single citizenship
cabinet system
Prerogative writs
Parliamentary privileges
bicameralism

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Source: Japanese constitution

Procedure established by law
law on which Supreme Court functions

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Source: American Constitution

Fundamental Rights,
independence of judiciary,
judicial review,
impeachment of the President,
removal of the Supreme Court and High Court judges
post of Vice President

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Source: Irish constitution

DPSPs
Nomination of members to Rajya Sabha
method of election of president

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Source: Canadian constitution

Federation with a strong Centre
Vesting of residuary powers in the centre
appointment of state governors by the centre
advisory jurisdiction of the Supreme Court

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Source: Australian constitution

Concurrent list
Freedom of trade, commerce and intercourse
joint sitting of the two Houses of Parliament

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Source: Weimar constitution

Emergency provisions relating to suspension of fundamental rights

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Source: Soviet constitution

Fundamental duties
The ideal of Justice social economic and political in the Preamble

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Source: South African constitution

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

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Source: French constitution

Republic
Ideals of liberty, equality, fraternity in the preamble

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Who said
Quasi Fedral

KC Wheare

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Who said
Bargaining federalism

Morris Jones

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Who said
Cooperative federalism

Granville Austin

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Who said
Federation with a centralising tendency

Ivor Jennings

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Amendment power of Parliament is called

Constituent power

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No of UL, SL , CL subjects

UL- 98 OG 97 SL- 59, OG 66 CL- 52, OG 47

Residuary power with whom in India and USA

Ind- centre USA- states

PM is called

Primus Inter pares - first among equals

Whether presidential system is needed or not assessed by which committee

Swaran Singh Committee, 1975.

In which session and when did Congress party adopt a ‘socialistic pattern of society’ resolution

In Avadi Session, 1955

Who said Preamble is ID card of the constitution

NA Palkhivala

42 nd CAA added what to preamble

Socialist, Secular and Integrity

Preamble is based on

Objectives resolution moved by Pandit Nehru

Indian republic is acc to preamble

SOSOSE Sovereign, Socialist and Secular

When was the objectives resolution moved and when was it adopted by the CA

13 Dec 1946 22 Jan 1947

What was the status of India between 15 Aug 1947 and 26 Jan 1950

Dominion in the British Commonwealth of Nations

When did India join UNO

1945

Which type of secularism does India have

Positive concept of secularism that ie all religions in our country (irrespective of their strength) have the same status and support from the state

Four devices of Direct democracy

Referendum Recall Initiative Plebiscite 1. Referendum: A process where a policy issue or a law is directly put to vote by the citizens, often initiated by the government or legislature. The public votes “yes” or “no” on the proposed measure. 2. Initiative: Citizens can propose new laws or constitutional amendments. If a certain number of signatures are gathered on a petition, the proposal is put to a vote, enabling the public to initiate legislation directly. 3. Recall: This allows citizens to remove an elected official from office before the end of their term. A successful recall requires a petition signed by a specific number of voters and may lead to a public vote on whether the official should stay in office. 4. Plebiscite: A non-binding vote where the government seeks to gauge public opinion on a specific issue. Unlike referendums, plebiscites may not have the force of law but influence political decisions.

Democratic in preamble embraces what

Political , social and economic democracy

What is social democracy acc to Ambedkar

“A way of life which recognises liberty, equality and fraternity.”

Three types of states based on their attitude towards religion

Atheistic state Theocratic state Secular state

Etymology of democracy

Demos - people Kratia - rule

Two meanings of a republic

1. Vesting of pol sovereignty in the hands of the people and not a single individual like a King 2. Absence of any privileged class, hence all public offices are open to all

Idea of social eco and pol justice taken from

Russian Revolution 1917

Distributive justice is a combination of

Social and economic justice

Ideals of liberty, equality and fraternity taken from

French Revolution 1789-1799

Dimensions of equality covered in preamble

Civic, political and economic

Political equality ensured by which articles

A325- no person is to be declared ineligible for inclusion in electoral rolls on the grounds of religion, race, caste or sex. A326- elections to the Lok Sabha and the state assemblies to be on the basis of adult suffrage.

Constitution ensures Fraternity by

Single citizenship

Fraternity ensures which two things

Dignity of the individual Unity and integrity of the nation

KM Munshi on fraternity

Not only ensures material betterment and maintain a democratic set up but also recognises that the personality of every individual is sacred

Who said that “The preamble to our Constitution expresses what we had thought or dreamt so long”

KM Munshi

Who called preamble the horoscope of our sovereign democratic republic

KM Munshi

Who called preamble a precious part, soul, key and jewel set in the Constitution a proper yardstick with which one can measure the worth of the Constitution

Pandit Thakur Das Bhargava

Who quoted the preamble at the opening of his popular book, “principles of social and political theory”

Sir Ernest Barker

Who called preamble as the keynote to the constitution

Sir Ernest Barker

Who said our preamble contains a solemn resolve which nothing but a revolution can alter

M Hidayatullah

Is preamble a part of constitution

Yes, it is an integral part. Acc to Keshavananda Bharti case and LIC of India case. Earlier in Berubari Union case SC has said not a part but later in above mentioned cases they said it is a part.

Can the preamble be amended and which case

Yes it can be amended as it is a part of the constitution, but not its basic features. Acc to Keshavananda Bharti Case 1973 which rejected the opinion of Beubari Union case 1960.

How many times has the preamble been amended

Once In 1976- 42nd amendment act which added socialist, secular and integrity.

Constituent power of Parliament includes the ability of

Addition, variation, or repeal of any provision of constitution, tho can’t amend the basic structure.

Who can introduce an amendment bill

Minister or Pvt member

Does CAA require Presients approval before being intro

Where can a CA bill be introduced

Both the houses of parliament but not in state legislatures

Can there be a joint sitting for CAA

Ratification of CAA is done by what majority and in how many states

By Simple majority in half of the states

Simple majority

Maj of members of the house present and voting

Can president withhold his assent to a CA bill

No. Has the obligation to give his assent.

What made it mandatory for the President to give his assent to CA bill?

24th CAA 1971.

Special majority applied to which stages of CA bill and acc to what

To all stages, acc to LS rules

Special maj used to amend what

FR DPSPs All provisions not under simple majority or spl maj with ratification

Can the states pass any proposal/resolution or bill to initiate any CAA

No. Only a resolution for creation/abolition of state leg council.

Is there a time frame within which the states have to ratify the CA bill

Nope.

Who said “this variety in the amending process is wise but rarely found.”

KC Wheare

Who said “ The Constant assembly has not any refrained from putting a seal of finality and infallibility upon this Constitution by denying the people the right to amend the Constitution as in Canada or by making the amendment of the Constitution, subject to the fulfilment of extraordinary terms and conditions as in America or Australia, but has provided for a facile procedure for amending the Constitution”

Ambedkar

Who said “ we want this Constitution to be solid and permanent, but there is no permanence in a Constitution. There has to be a certain flexibility. If you make any constitution, rigid and permanent you stop the nation‘s growth, the growth of a living, vital organic people.”

Pandit Nehru

Ways in which the Indian constitution can be amended

1. Simple majority 2. Spl majority 3. Spl maj + ratification by half states using simple majority.

Amendment procedure is given in

A368, part 20/ XX