Salient Features of the Constitution Flashcards

1
Q

Longest constitution in the world?

A

Indian.

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2
Q

What did the 1949 constitution contain?

A

395 Articles (divided into 22 parts) and 8 schedules. Later 3 parts were added to it as amendments making the tally 25.

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3
Q

What does the Constitution consist of now?

A

The number of articles has since increased to 450 due to 104 amendments since its enactment in 1950. Also, the constitution now has 25 parts and 12 schedules.

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4
Q

How many articles did the constitutions of other countries have?

A

American - 7
Australian - 128
Chinese - 138, Canadian - 147

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5
Q

Which part has been deleted from the original constitution?

A

Part VII

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6
Q

Why was part VII of the 1949 constitution deleted?

A

The Seventh part of the Indian Constitution was known as “The States in Part B of the First Schedule”. The scheme of Part A, B, and C states were completely done away with and the only classification that now remains is States and the Union Territories.

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7
Q

Which parts and schedules were added to the 1949 constitution?

A

4 parts were added - 4A, 15A, 9A, 9B
4 schedules were added - 9,10,11,12

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8
Q

What was the biggest source of the Constitution of India?

A

GOI Act, 1935

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9
Q

Which act divided the powers between the Center and the State in terms of three lists?

A

GOI Act, 1935. Federal List - 59 items. Provincial list - 54 items. Concurrent list - 36 items.

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10
Q

Which act provided for dyarchy at the Centre?

A

GOI Act, 1935

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11
Q

Which country did the makers take the concept of judicial review from?

A

USA

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12
Q

Which two countries separated from India in 1935?

A

With the GOI Act of 1935, Burma (Myanmar) and Aden (South Yemen) separated from India.

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13
Q

On much persuasion by morley, whom did Lord Minto appoint as the first indian member of the Viceroy’s Executive Council?

A

Satyendra P Sinha

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14
Q

The first Indian ministry in Bihar in 1937 came into existence under whose leadership?

A

Md. Yunis. Became first prime minister of bihar province. https://en.wikipedia.org/wiki/Mohammad_Yunus_(politician)

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15
Q

How many provisions of the GOI Act, 1935 have been included in the Constitution?

A

250

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16
Q

Who said the Constitution of India has been made after ‘‘ransacking all the known Constitutions of the world’’?

A

Dr. Ambedkar

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17
Q

Where is the structural part of the Constitution derived from?

A

GOI Act, 1935

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18
Q

Which constitutions inspired the philosophical part of the Constitution?

A

America - Fundamental Rights
Irish - DPSP

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19
Q

Political parts of the constitution was inspired by?

A

British - Separation of powers, principles of cabinet government, relations between center and state, etc.

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20
Q

Which constitution inspired suspension of fundamental rights during an emergency?

A

Weimar Constitution of Germany.

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21
Q

Which constitution inspired fundamental rights?

A

US

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22
Q

Independence of judiciary and Judicial review came from which constitution?

A

US

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23
Q

Inspiration from which constitution gave powers for impeachment of president, removal or Supreme Court and High Court judges?

A

US

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24
Q

Post of vice-president was inspired by?

A

US Constitution

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25
Q

Which constitution inspired federation with a strong center and vesting of residuary powers by center?

A

Canada

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26
Q

Appointment of state governors by center and advisory jurisdiction of supreme court are from which constitution?

A

Canada

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27
Q

Joint sitting of the two houses 0f the parliament from which country’s constitution?

A

Australia

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28
Q

DPSP from which contitution?

A

Irish

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29
Q

Nomination of members to RajyaSabha and method of election of President from which const?

A

Irish

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30
Q

Concurrent list and freedom of trade, commerce and inter-course from which const.?

A

Australian

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31
Q

Parliamentary government from which const.
?

A

British

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32
Q

Republic and ideals of liberty were taken from?

A

French const.

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33
Q

Rule of law from which constitution?

A

British

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34
Q

Equality and fraternity in Preamble from which constitution?

A

French

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35
Q

The concept of legislative procedure came from?

A

Bristish const.

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36
Q

Fundamental duties and the ideals of justice )social, economic and political) in the Preamble taken from?

A

USSR Constitution

37
Q

Single citizenship taken from?

A

British Constitution

38
Q

Procedure of amendment of the Constitution and election of members of the Rajya Sabha taken from where?

A

South African Constitution.

39
Q

South Africa’s independence day and constitution day?

A

27th April, 1994 and 4th February, 1997

40
Q

Parliamentary privileges and bicameralism taken from which constitution?

A

British

41
Q

Which constitution gave us procedure established by law?

A

Japanese

42
Q

Cabinet system and prerogative writes came from which constitution?

A

Bristish

43
Q

Federal scheme in Indian Constitution was taken from?

A

GOI Act, 1935

44
Q

Emergency provisions in constitution taken from?

A

GOI Act, 1935

45
Q

Judiciary taken from where?

A

GOI Act, 1935

46
Q

Office of governor and administrative details taken from?

A

Goi Act, 1935

47
Q

Public Service Commission came from?

A

GOI Act, 1935

48
Q

Which source had the most profound effect on the Indian Constitution?

A

GOI Act, 1935

49
Q

How many provisions are identical between GOI Act, 1935 and the Indian Const?

A

More than half

50
Q

Which article provides for amendment of the constitution?

A

Art. 368

51
Q

Which are the types of amendments article 368 provides for?

A
  1. Those that can be amended by special majority of the Parliament i.e. atleast two-thirds of the members of each house present and voting and a majority (more than 50%) of the total membership of each house
  2. Some can be amended by a special majority of the parliament and with the ratification of half the total states.
52
Q

Which type of amendment does not come under the purview of art. 368?

A

Provisions of the const. that can be amended by a simple majority of the Parliament in a manner of ordinary legislative procedure.

53
Q

How is India a quasi-federation?

A

It contains all the usual features of a federation - dual government, division of powers, written constitution, supremacy of constitution, rigidity of constitution, independent judiciary and bicameralism.

54
Q

Why is India have a federal system with unitary bias?

A

Because the constitution establishes it as such.

55
Q

Which unitary or non-federal features does the Indian Constitution have?

A

Single citizenship, single constitution, a strong Centre, flexibility of constitution, integrated judiciary, appointment of state governor by Centre, all India services, emergency provisions, etc.

56
Q

Where does the Indian Constitution call Indian a federation?

A

It doesn’t. Art. 1 describes it as a ‘‘Union of States’’.

57
Q

Who called the Indian Constitution quasi-federal?

A

K.C. Wheare, Australian academic

58
Q

What did Morris Jones describe the Indian Constitution’s federal by unitary structure as?

A

Bargaining federalism

59
Q

Who call the Indian constitutional structures as ‘Co-operative federalism’?

A

Granville Austin

60
Q

What did Ivor Jennings call the Indian constitution?

A

Federation with a centralizing tendency

61
Q

What is the parliamentary system called?

A

‘Westmeninster’ model of government, responsible govt. and model govt.

62
Q

What are the features of a parliamentary govt.?

A
  1. Majority party rule
  2. Presence of nominal and real executives
  3. Collective responsibility of the executive to the legislature
  4. Membership of the ministers of the legislature
  5. Leadership of the prime minister or the chief minister
  6. Dissolution of the lower house (centre or state)
63
Q

What is the difference between the British and Indian parliament?

A
  1. Indian parliament is not a sovereign body (doesn’t have final authority and say)
  2. Indian has an elected head (republic) while the brits have a hereditary head (monarchy).
64
Q

What do political scientists call the British and Indian governments?

A

Prime Ministerial Government

65
Q

How does the judicial review in America differ from that of India?

A

America has ‘due process of law’ as opposed to ‘established process of law’ under the Indian Constitution in art.21.

66
Q

Who is the guarantor of the fundamental rights of the citizens and the guardian of the Constitution?

A

The supreme court

67
Q

Where are all expenses of the Supreme Court charged?

A

Consolidated Fund of India

68
Q

What idea do the Fundamental Rights promote?

A

That of political democracy

69
Q

Which articles gives right to the parliament to suspend fundamental rights during a national emergency?

A

Article 20 and 21

70
Q

Who said that the DPSP is a novel feature of the indian constitution?

A

Dr. Ambedkar

71
Q

How can the DPSP be classified?

A

Socialistic, Gandhian and liberal-intellectual

72
Q

What does the DPSP promote?

A

The ideal od a social and economic democracy

73
Q

What seeks to establish a welfare state in india?

A

The Dpsp

74
Q

In which case did the SC say - ‘The Indian Constitution is founded on the bedrock of the balance between the Fundamental Rights and the Directive Principles’ ?

A

Minerva Mills vs. UOI, 1980

75
Q

When were the fundamental duties added onto the Constitution?

A

During the operations of the National Emergency (1975-77) by the 42nd Constitutional amendment of 1976 on the recommendation of the Swaran Singh Committee. The 86th amendment of 2002, added one more fundamental duty.

76
Q

When was the term ‘secular’ added to the preamble?

A

By the 42nd Constitutional Amendment Act of 1976.

77
Q

How many fundamental rights did the original constitution have?

A

Seven.

78
Q

When was Article 31 deleted from the Constitution deleted?

A

Art. 31 - Right to Property was deleted by the 44th Amendment Act of 1986. It is instead made legal under the A. 300-A in Part XII of the constitution.

79
Q

When was the voting age reduced and by how much?

A

21 to 18. By the 61st Amendment Act of 1988.

80
Q

Which Acts provided for communal representation?

A

The 1909, 1919 and 1935 GOI Acts

81
Q

When did otehr countries give franchise to women?

A

USA - 1920
Britain - 1928
USSR - 1936
France - 1945
Italy - 1948
Switzerland - 1971

82
Q

Does the UPSC advice the President on disciplinary matters?

A

Yes

83
Q

Does the SPSC advice the governor in disciplinary matters?

A

Yes

84
Q

What is a unique feature of Indian Constitution?

A
  1. Transformation of the political system from federal during normal times to unitary during national emergency.
  2. The concept of local government
85
Q

When was the thirst tier of government i.e. local government added?

A

By the 74th amendment act of 1992

86
Q

What did the 72nd amendment act of 1994 do?

A
  1. Gave constitutional recognition to panchayats
  2. added rural governments in new part IX and new schedule 11 to the Constitution.
87
Q

What did the 72nd amendment act of 1992 add?

A

Constitutional recognition to municipalities (urban local government) by adding new part IX-A and a new schedule 12 to the constitution.

88
Q

Which amendment act gave constitutional status and protection to co-operative societies?

A

97th amendment act of 2011.

89
Q

What did the 97th amendment act of 2011 add?

A
  1. Right to form a co-operative society a fundamental right u. art. 19
  2. New DPSP on promotion of co-op societies u. art. 43-B
  3. New part IX-B entitled as ‘‘The Co-operative societies’’ u. art. 243-ZH and 243-ZT