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Polity > Salient Features Of The Constitution > Flashcards

Salient Features Of The Constitution Flashcards

1
Q

Mini Constitution?

A

42nd amendment act 1976

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2
Q

Salient feature 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, synthesis of Parliamentary sovereignty and judicial supremacy, integrated and independent judiciary, fundamental rights, directive principles, fundamental duties, a secular state, universal adult franchise, single citizenship, independent bodies, emergency provisions, three tier government, cooperative societies

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3
Q

Reasons for the elephantine size of our constitution

A

Geography (vastness, and its diversity), historical factor(influence of GOI act of 1935), single constitution for both state and Centre, dominance of legal luminaries.

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4
Q

Structural part of the Constitution derived from

A

GOI act 1935

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5
Q

Philosophical part derived from

A

FR - USA, DPSP - IRELAND.

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6
Q

Political part derived from and what it means?

A

British constitution. (Cabinet government and the relations between the executive and the legislature).

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7
Q

Unitary features of the Indian constitution are

A

Single Constitution, strong centre, single citizenship, flexibility of the Constitution, integrated judiciary, Governor, AIS, emergency provisions

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8
Q

Indian constitution has been described as federal but unitary in spirit spirit,, quasi federal, bargaining federalism, cooperative federalism, federation with a centralising tendency because

A

States do not have right to secede from the Federation.

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9
Q

Parliamentary system is based on the principle of

A

Cooperation and coordination between the legislative and executive organs.

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10
Q

Parliamentary system is also known

A

West Minister model of government, responsible government, and cabinet government

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11
Q

Features of Parliamentary government in India are

A

Presence of nominal and real executive, majority party rule, collective responsibility of E to L, membership of the ministers in the L, leadership of the PM, DISSOLUTION OF LOWER HOUSE.

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12
Q

Indian Parliament is sovereign, true or false

A

False

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13
Q

Doctrine of sovereignty of Parliament is associated with

A

British parliament

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14
Q

Principle of judicial supremacy is associated with

A

American Supreme Court

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15
Q

Scope of judicial review power of the Supreme Court in India is narrower than that of what exist in US because

A

American Constitution provides for due process of law against that of the procedure established by law contained in the Indian constitution (article 21).

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16
Q

Integrated judiciary means

A

Supreme Court at top, below it HC, Subordinate courts. And this single system of court enforces both central law as well as the state laws

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17
Q

The guarantor of the fundamental rights and guardian of the constitution is

A

Supreme Court

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18
Q

Independent judiciary means

A

Security of tenure, fixed salary and service condition, CFI, PROHIBITION ON DISCUSSION ON THE CONDUCT OF JUDGES IN THE LEGISLATURE, BAN ON THE PRACTICE AFTER RETIREMENT, CONTEMPT, SEPARATION OF J FROM L

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19
Q

________Are meant to promote the idea of political democracy

A

Fundamental rights

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20
Q

All Fundamental rights are not absolute and subject to reasonable restriction. True or false?

A

True

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21
Q

All fundamental rights can be suspended during national emergency

A

False, art 20 & 21 cannot be suspended.

22
Q

______ are novel feature, and according to whom?

A

DPSP by Ambedkar

23
Q

______ are meant to promote social and economic democracy?

A

DPSP

24
Q

_____ seek to establish a welfare state in India

A

DPSP

25
Q

_____are non justiciable and not enforceable.

A

DPSP

26
Q

______ are fundamental in the governance of the country

A

DPSP

27
Q

In which case the Supreme Court held that the Indian constitution is founded on the bedrock of the balance between fundamental rights and DPSP

A

Minerva mills case 1980

28
Q

Original constitution provide for the fundamental duties of the citizens

A

False

29
Q

FD were added by and on whose recommendation?

A

42nd amendment 1976 on the recommendation of Swarn Singh committee

30
Q

Preamble secure to all citizen of India, liberty of

A

Faith, belief , and worship

31
Q

Voting age was reduced to 18 years from 21 years by

A

61st CAA of 1988

32
Q

Bulworks of the democratic system of government of India

A

Election commission, CAG, UPSC, SPSC.

33
Q

Article 352

A

National emergency on the ground of war or external aggression or armed rebellion

34
Q

Federal structure converted into a unitary one without a formal amendment of the Constitution during

A

Emergency

35
Q

Which amendment have added a third tier of government?

A

The 73rd and 74th CAA 1992

36
Q

Part IX of the Constitution and schedule 11

A

Panchayat

37
Q

Part IX-A & schedule 12

A

Urban local government

38
Q

Second schedule Related to

A

A emolument, allowances & privileges of : President, governor, speaker and deputy speaker, chairman and deputy chairman, judges of Supreme Court, High Court and CAG

39
Q

Third schedule deals with

A

Affirmations and oath of : ministers, MPs judge of the Supreme Court CAG state minister judges of the High Court, MLAs

40
Q

Features borrowed from GOI act of 1935

A

Federal scheme, office of Governor judiciary, public service commission, emergency provisions, and administrative details

41
Q

Features borrowed from British constitution

A

Parliamentary government, rule of law, legislative procedure, single Cabinet system, prerogative writs, Parliamentary privileges, and bicameralism

42
Q

Features borrowed from US Constitution

A

F R, Independence of judiciary, judicial review, impeachment of president, removal of Supreme Court and High Court judges and post of vice president.

43
Q

Features borrowed from Irish Constitution

A

DPSP, nomination of members to the Rajya Sabha & method of election of president

44
Q

Features borrowed from Canadian constitution

A

Federation with a strong centre, West of residuary powers in the, appointment of state governor by the centre, advisory jurisdiction of Supreme Court

45
Q

Features borrowed from Australian constitution

A

Concurrent list, freedom of trade, commerce, and intercourse, joint sitting of two houses of Parliament.

46
Q

Suspension of fundamental rights during emergency is borrowed from

A

Weimar Constitution of Germany

47
Q

FD and ideal of justice in the preamble is borrowed from

A

USSR constitution

48
Q

Republican ideals of liberty, equality, and fraternity in the preamble is borrowed from

A

French Constitution

49
Q

Features borrowed from South African constitution

A

Procedure of amendment of constitution and election of members of Rajya Sabha.

50
Q

Procedure established by law taken by

A

Japanese and UK Constitution.

51
Q

97th CAA of 2001 gave a constitutional status and protection to

A

Cooperative societies.

Polity (43 decks)

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