3) SALIENT FEATURES OF THE CONSTITUTION
What principle is the parliamentary system based on?
co-operation and co-ordination between legislative and executive organs
T/F Polity is federal in an emergency
False, it is unitary
T/F Indian Parliament is a sovereign body
False, the British Parliament is
T/F Fundamental Rights cannot be curtailed by an act of Parliament
False, they can be
T/F Fundamental rights are absolute
False, they can be subject to reasonable restrictions
T/F Judges of the SC can practice after retirement
False, they cannot
T/F Federations do not have a separation of power
False, they do
T/F Federations need not have a written constitution
False, they do
What is the subject of Article 360?
Financial emergency on the ground of threat to the financial stability or credit of India
From which country's constitution do we get the idea of republic, liberty, equality, and fraternity
France
T/F A single constitution is a non federal feature
True, it is unitary
T/F 86th AA of 2002 added another FR
True, the right to education
T/F Single citizenship is a non federal feature
True. Dual citizenship is federal.
How many types of amendments are provided for by article 368? (The answer is a number)
Two
From which country's constitution does presidential impeachment stem?
USA
From which country's constitution do we get socio-economic-political justice?
USSR
What is the basis of Indian elections?
Universal adult franchise
What does schedule 12 pertain to?
Urban Local government
What is procedure established by law?
a law is valid if the correct procedure has been followed to the letter (means justify the end)
T/F A strong centre is a federal feature
False, it is unitary
What are the criticisms levelled against the Indian Constitution?
1) A Borrowed Constitution 2) A Carbon Copy of the 1935 Act 3) Anti Indian 4) Un Gandhian 5) Elephantine 6) Lawyers' Paradise
What does Article 25 state?
1) Equally entitled to freedom of conscience 2) Right to freely profess, practice, and propagate any religion
What is the purpose of DPSP?
1) Promote the ideal of social and economic democracy 2) establish a welfare state in India
Right to form co-operatives comes from what article?
19
When and how was the term 'secular' added to the Indian Constitution?
1976, via the 42nd AA
When was the judgement of the Minerva Mills case announced?
1980
When was the voting age reduced from 21 to 18 years?
1989
What is a special majority of Parliament?
2/3 LS present and voting + 2/3 RS present and voting + (50%+1) of LS+RS
In what part number of the constitution are the directive principles of state policy enshrined?
4
What amendment provided for fundamental duties of the citizens of India
42nd AA, 1976
Which act is known as the mini constitution?
42nd amendment act of 1976
What does article 30 state?
All minorities have the right to establish and administer educational institutions of their choice
Fundamental Rights have been inspired by what country's constitution?
America
Where is the principle of judicial supremacy derived from?
American Supreme Court
What does article 29 state?
Any citizen will have the right to converse in their distinct language, script or sculpture
What articles of the constitution provide for right to constitutional remedies?
Article 32
What DPSP corresponds to promotion of co-op societies?
Article 43-B
What article does part iv-a of the IC contain?
Article 51A
What articles cover the right to equality?
Articles 14 through 18
What articles cover the right to freedom?
Articles 19 through 22
What articles cover the right against exploitation?
Articles 23 through 24
What articles of the constitution provide you the right to freedom of religion?
Articles 25 through 28
What articles of the constitution allow cultural and educational rights?
Articles 29 through 30
How does article 1 describe India?
As a union of states
From which country's constitution do we get concurrent lists come?
Australia
From which country's constitution do we get freedom of trade?
Australia
From which country's constitution do we get joint sitting of LS and RS?
Australia
How do you convert a federal structure into a unitary one without an amendment?
By declaring an emergency
Who is the guardian of the public purse in India?
CAG
From which country's constitution does advisory jurisdiction of SC stem?
Canada
From which country's constitution does federation with a strong centre come?
Canada
From which country's constitution does the idea of appointment of state governors by centre stem?
Canada
From which country's constitution does vesting of residuary powers in the centre stem?
Canada
What is negative secularism?
Complete separation between church and state
Where are all the expenses of the Supreme Court of India charged?
Consolidated Fund of India
What is due process?
Constitutional protection against unfair governmental actions and laws (means, even if correct, may not satisfy the end)
What is the presidential system based on?
Doctrine of separation of powers between the two organs
Who said that the Indian constitution has been framed after "ransacking all the known constitutions of the world"?
Dr. BR Ambedkar
From which country's constitution do prerogative writs stem from?
England
From which country's constitution does bicameralism stem from?
England
What does Article 16 state?
Equality of opportunity for all citizens in matters of public employment
What does article 26 state?
Every religious denomination or any of its section shall have the right to manage its religious affairs
What is the subject of Article 365?
Failure to comply with the directions of the centre
T/F Conduct of the judges of the HC/SC can be discussed in the Legislatures
False
T/F DPSP are justiciable
False
T/F Indian federation is the result of an agreement between states
False
T/F States can secede from the Indian union
False
T/F The term federation has been used in the constitution
False
T/F Unitary features are non federal
False
T/F All Fundamental rights can be curtailed during a National Emergency
False, Article 20 and 21 cannot
T/F Simple majority amendments come under article 368
False, article 368 only has 2 types of special majorities
T/F Parliamentary system of government does not include collective responsibility of the government to the legislature
False, it does
T/F American constitution is not rigid
False, it is
T/F A flexible constitution is a federal feature
False, it is unitary
Where is the post of a governor derived from?
GOI 1935 Act
Where is the origin of Emergency powers?
GOI Act 1935
What did the 97th AA 2011 do?
Gave a constitutional status and protection to co-operative societies
What did the 74th AA do?
Gave constitutional recognition to municipalities
From which country's constitution do we get suspension of FR during emergency?
Germany
Who called the Indian constitution as 'co-operative federalism'?
Granville Austin
DPSP come from what constitution?
Ireland
From which country's constitution does RS nomination stem?
Ireland
From which country's constitution does the election of the President stem?
Ireland
What did the 73rd AA of 1992 do?
It gave constitutional recognition to Panchayats
What did the Swaran Singh Committee do?
It recommended the idea of fundamental duties
Who said that the Indian federation had a centralising tendency?
Ivor Jennings
From which country's constitution do we get procedure established by law?
Japan
Whose supremacy is due process based on?
Judiciary
Who called the Indian constitution as 'quasi federal'?
KC Wheare
What liberties does the preamble secure to Indians?
Liberty of belief, faith, and worship
T/F Parliamentary system of government works under the leadership of the Prime Minister or Chief Minister
True
What are the 5 writs?
Mandamus Habeas Corpus Certiorari Prohibition Quo Warranto
What does part IXA pertain to?
Municipalities/ Urban Local Government
What is the subject of Article 352?
National emergency from war, external aggression, or armed rebellion
What does article 27 state?
No person shall be compelled to pay any taxes for the promotion of a particular religion
What does Article 28 state?
No religious instruction shall be provided in any educational institution maintained by the state
What is a rigid constitution?
One that requires special procedure for amendments
Part IX pertains to
Panchayats
Schedule 11 pertains to
Panchayats
Whose supremacy is procedure established by law based on?
Parliament
Does India use due process of law or procedure established by law?
Procedure established by law
What is positive secularism?
Protecting all religions equally
What does Article 21 state?
Protection of life and personal liberty
What did the 61st amendment of 1988 do?
Reduced the voting age from 21 to 18 years
What are the 3 broad categories of DPSP?
Socialistic Gandhian Liberal-intellectual
From which country's constitution do we get procedure for amending constitution?
South Africa
From which country's constitution do we get procedure for electing members of RS?
South Africa
What is the subject of article 356?
State emergency on grounds of failure of constitutional machinery
What did the Minerva Mills case hold for FR and DPSP?
That the Indian constitution is based on the bedrock of both
Part IX-B corresponds to?
The Co-op societies and ensuring they are democratic
T/F SC in India can declare laws as unconstitutional
True
T/F Two governments are a feature of federalism
True
What was held in the Kesavananda Bharti case?
The constituent power of parliament under article 368 does not allow it to alter the basic structure of the constitution
What does article 44 state?
The state shall endeavour to secure for all citizens a uniform civil code
What does article 14 state?
The state shall not deny to any person equality before the law or equal protection of laws
What does article 15 state?
The state shall not discriminate against any citizen on the ground of religion
T/F a supreme constitution forms the basis of a federation
True
T/F A rigid constitution is the hallmark of a federation
True
T/F American supreme court provides for due process of law
True
T/F An aggrieved person can go to the Supreme Court directly if he or she believes their fundamental right has been challenged
True
T/F Bicameralism is a federal feature
True
T/F British state has hereditary head of state
True
T/F Constitution contained a preamble in 1949
True
T/F Emergency powers were carried over from the GOI Act 1935?
True
T/F Emergency provisions are non federal
True
T/F Fundamental rights are justiciable
True
T/F Indian supreme court believes in procedure established by law
True
T/F Integrated judiciary is a non federal feature
True
T/F Parliamentary system is established by constitution at centre as well as states
True
T/F Parliamentary system of government can dissolve the lower house
True
T/F Parliamentary system of government has nominal and real executives
True
T/F Parliamentary system of government requires ministers to be members of the legislature
True