part 1

Chapter 1 Historical Background

1. When did the Britishers first arrive in India and in what form?

The Britishers came to India in 1608 as traders, in the form of the East India Company.

2. What exclusive right did the East India Company possess in India?

The East India Company had the exclusive right of trading in India under a charter granted by Queen Elizabeth I in 1600.

3. When did the East India Company obtain ‘diwani’ rights and for which regions?

In 1765, the Company obtained the ‘diwani’ (rights over revenue and civil justice) of Bengal, Bihar and Orissa.

4. When did the British Crown assume direct responsibility for the governance of India?

In 1858, in the wake of the ‘sepoy mutiny’, the British Crown assumed direct responsibility for the governance of India.

5. Until when did the British Crown rule in India?

The British Crown rule continued until India was granted independence on August 15, 1947.

6. When was the Constituent Assembly formed and when did the Constitution come into being?

A Constituent Assembly was formed in 1946, and the Constitution came into being on January 26, 1950.

7. What are the two major headings under which the events of British rule influencing the Indian Constitution are explained?

The two major headings are: The Company Rule (1773–1858) and The Crown Rule (1858–1947).

8. What was the constitutional importance of the Regulating Act of 1773?

The Regulating Act of 1773 was of great constitutional importance because: (a) It was the first step taken by the British Government to control and regulate the affairs of the East India Company in India. (b) It recognised, for the first time, the political and administrative functions of the Company. (c) It laid the foundations of central administration in India.

9. What was the designation of the Governor of Bengal changed to by the Regulating Act of 1773, and who was the first holder of this new designation?

The Regulating Act of 1773 designated the Governor of Bengal as the ‘Governor-General of Bengal’, and the first such Governor-General was Lord Warren Hastings.

10. How did the Regulating Act of 1773 change the subordination of presidencies?

It made the Governors of Bombay and Madras presidencies subordinate to the Governor-General of Bengal, unlike earlier, when the three presidencies were independent of one another.

11. What judicial body was established by the Regulating Act of 1773 and in which year?

The Regulating Act of 1773 provided for the establishment of a Supreme Court at Calcutta (1774), comprising one chief justice and three other judges.

12. What activities were prohibited for the servants of the Company by the Regulating Act of 1773?

The Act prohibited the servants of the Company from engaging in any private trade or accepting presents or bribes from the ‘natives’.

13. How did the Regulating Act of 1773 strengthen British Government control over the Company?

It strengthened the control of the British Government over the Company by requiring the Court of Directors (governing body of the Company) to report on its revenue, civil, and military affairs in India.

14. What was the Amending Act of 1781 also known as, and what was its purpose?

The Amending Act of 1781 was also known as the Act of Settlement, and its purpose was to rectify the defects of the Regulating Act of 1773.

15. What exemptions were granted by the Amending Act of 1781 regarding the Supreme Court’s jurisdiction?

The Amending Act of 1781 exempted the Governor-General and the Council, as well as the servants of the Company, from the jurisdiction of the Supreme Court for acts carried out in their official capacity.

16. What matters were excluded from the Supreme Court’s jurisdiction by the Amending Act of 1781?

The Amending Act of 1781 excluded revenue matters and matters arising in the collection of revenue from the jurisdiction of the Supreme Court.

17. How did the Amending Act of 1781 address the personal law of defendants in Calcutta?

It required the Supreme Court to administer the personal law of the defendants, meaning Hindus were to be tried according to Hindu law and Muslims according to Mohammedan law.

18. Where could appeals from Provincial Courts be taken according to the Amending Act of 1781?

Appeals from Provincial Courts could be taken to the Governor-General-in-Council, not to the Supreme Court.

19. What power was given to the Governor-General-in-Council by the Amending Act of 1781?

The Governor-General-in-Council was empowered to frame regulations for the Provincial Courts and Councils.

20. What was the next important act after the Amending Act of 1781, and what was it also known as?

The next important act was Pitt’s India Act of 1784.

21. What key distinction was made by Pitt’s India Act of 1784?

It distinguished between the commercial and political functions of the Company.

22. What new body was created by Pitt’s India Act of 1784 to manage political affairs, and what system did this establish?

Pitt’s India Act of 1784 created a new body called the Board of Control to manage political affairs, thus establishing a system of double government.

23. What powers were given to the Board of Control by Pitt’s India Act of 1784?

The Board of Control was empowered to supervise and direct all operations of the civil and military government or revenues of the British possessions in India.

24. What were the two significant reasons for the importance of Pitt’s India Act of 1784?

The act was significant for two reasons: First, the Company’s territories in India were for the first time called the ‘British possessions in India’. Second, the British Government was given supreme control over Company’s affairs and its administration in India.

25. Who was appointed Governor-General of Bengal in 1786, and what were his two demands?

In 1786, Lord Cornwallis was appointed as the Governor-General of Bengal. His two demands were:

1. He should be given power to override the decision of his council in special cases.
2. He would also be the Commander-in-Chief.

26. What was the purpose of the Act of 1786?

The Act of 1786 was enacted to make both of Lord Cornwallis’s demands (overriding council decisions and being Commander-in-Chief) into provisions.

27. What were the key features of the Charter Act of 1793?

The key features of the Charter Act of 1793 were:

1. It extended the overriding power given to Lord Cornwallis to all future Governor-Generals and Governors of Presidencies.
2. It gave the Governor-General more powers and control over the governments of the subordinate Presidencies of Bombay and Madras.
3. It extended the trade monopoly of the Company in India for another twenty years.
4. It provided that the Commander-in-Chief was not to be a member of the Governor-General’s council, unless specifically appointed.
5. It laid down that the members of the Board of Control and their staff were to be paid out of the Indian revenues.

28. What was the final step towards centralisation in British India?

The Charter Act of 1833 was the final step towards centralisation in British India.

29. What change did the Charter Act of 1833 make to the designation of the Governor-General of Bengal?

It made the Governor-General of Bengal the Governor-General of India.

30. Who was the first Governor-General of India?

Lord William Bentick was the first Governor-General of India.

31. How did the Charter Act of 1833 affect the legislative powers of the Governors of Bombay and Madras?

It deprived the Governors of Bombay and Madras of their legislative powers, giving the Governor-General of India exclusive legislative powers for all of British India.

32. What was the distinction between laws made under previous acts and laws made under the Charter Act of 1833?

Laws made under previous acts were called Regulations, while laws made under the Charter Act of 1833 were called Acts.

33. How did the Charter Act of 1833 change the nature of the East India Company?

It ended the activities of the East India Company as a commercial body, making it a purely administrative body.

34. What provision did the Charter Act of 1833 attempt to introduce regarding civil servants?

The Charter Act of 1833 attempted to introduce a system of open competition for selection of civil servants and stated that Indians should not be debarred from holding any place, office, and employment under the Company.

35. What was the last of the series of Charter Acts passed by the British Parliament?

The Charter Act of 1853 was the last of the series of Charter Acts passed by the British Parliament between 1793 and 1853.

36. What significant constitutional landmark was the Charter Act of 1853?

The Charter Act of 1853 was a significant constitutional landmark.

37. What functions were separated for the first time by the Charter Act of 1853?

The Charter Act of 1853 separated, for the first time, the legislative and executive functions of the Governor-General’s council.

38. What new body was established by the Charter Act of 1853 for legislative purposes?

It established a separate Governor-General’s legislative council, which came to be known as the Indian (Central) Legislative Council.

39. What system did the Charter Act of 1853 introduce for the selection and recruitment of civil servants?

It introduced an open competition system of selection and recruitment of civil servants.

40. Which committee was appointed in 1854 to implement the open competition system for civil services?

The Macaulay Committee (the Committee on the Indian Civil Service) was appointed in 1854.

41. How did the Charter Act of 1853 indicate the potential termination of Company rule?

It extended the Company’s rule but did not specify any particular period, unlike previous Charters, which was a clear indication that the Company’s rule could be terminated at any time the Parliament liked.

42. What new representation was introduced in the Indian (Central) Legislative Council by the Charter Act of 1853?

It introduced, for the first time, local representation in the Indian (Central) Legislative Council, with four of the six new legislative members appointed by provincial governments.

43. What was the Government of India Act of 1858 also known as, and what was its purpose?

The Government of India Act of 1858 was known as the Act for the Good Government of India, and its purpose was to abolish the East India Company and transfer powers to the British Crown.

44. What major historical event led to the enactment of the Government of India Act of 1858?

This Act was enacted in the wake of the Revolt of 1857, also known as the First War of Independence or the ‘sepoy mutiny’.

45. What change in designation was made for the Governor-General of India by the Government of India Act of 1858, and who was the first holder of this new designation?

The Government of India Act of 1858 changed the designation of the Governor-General of India to that of Viceroy of India. Lord Canning became the first Viceroy of India.

46. What system of government was ended by the Government of India Act of 1858?

It ended the system of double Government by abolishing the Board of Control and Court of Directors.

47. What new office was created by the Government of India Act of 1858 to manage Indian administration?

It created a new office, Secretary of State for India, vested with complete authority and control over Indian administration.

48. What advisory body was established to assist the Secretary of State for India?

A 15-member council of India was established as an advisory body to assist the Secretary of State for India.

49. What was the Secretary of State-in-Council constituted as by the Government of India Act of 1858?

It constituted the Secretary of State-in-Council as a body corporate, capable of suing and being sued in India and in England.

50. What was the primary policy pursued by the British Government after the Revolt of 1857?

After the great revolt of 1857, the British Government felt the necessity of seeking cooperation of the Indians in the administration of their country.

51. What were the three Indian Councils Acts enacted by the British Parliament in pursuance of the policy of association?

The three acts enacted were in 1861, 1892 and 1909.

52. Why is the Indian Councils Act of 1861 considered an important landmark?

The Indian Councils Act of 1861 is an important landmark in the constitutional and political history of India because it made a beginning of representative institutions by associating Indians with the law-making process.

53. What was the first step towards representative institutions made by the Indian Councils Act of 1861?

It made a beginning of the representative institutions by associating Indians with the law-making process.

54. Who were the three Indians nominated to the legislative council by Lord Canning in 1862?

In 1862, Lord Canning nominated the Raja of Benaras, the Maharaja of Patiala and Sir Dinkar Rao to his legislative council.

55. How did the Indian Councils Act of 1861 initiate the process of decentralisation?

It initiated the process of decentralisation by restoring the legislative powers to the Bombay and Madras Presidencies, reversing the centralising tendency that began with the Regulating Act of 1773.

56. What was the result of legislative devolution initiated by the Indian Councils Act of 1861?

This policy of legislative devolution resulted in the grant of almost complete internal autonomy to the provinces in 1937.

57. What new legislative councils were established by the Indian Councils Act of 1861?

It provided for the establishment of new legislative councils for Bengal (1862), North-western Provinces (1886) and Punjab (1897).

58. What system was recognised by the Indian Councils Act of 1861 and introduced by Lord Canning in 1859?

It gave recognition to the ‘portfolio’ system, introduced by Lord Canning in 1859.

59. What power was given to the Viceroy by the Indian Councils Act of 1861 regarding ordinances?

It empowered the Viceroy to issue ordinances without the concurrence of the legislative council during an emergency, with a life of six months.

60. What changes did the Indian Councils Act of 1892 make to the legislative councils?

It increased the number of additional (non-official) members in the Central and provincial legislative councils, but maintained the official majority.

61. What additional powers were given to the legislative councils by the Indian Councils Act of 1892?

It increased the functions of legislative councils and gave them the power of discussing the budget and addressing questions to the executive.

62. How did the Indian Councils Act of 1892 provide for the nomination of non-official members?

It provided for the nomination of some non-official members of the Central Legislative Council by the Viceroy on the recommendation of provincial legislative councils and the Bengal Chamber of Commerce, and of provincial legislative councils by Governors on the recommendation of various local bodies.

63. What was the Indian Councils Act of 1909 also known as?

The Indian Councils Act of 1909 was also known as Morley-Minto Reforms.

64. Who were Lord Morley and Lord Minto in relation to the Morley-Minto Reforms?

Lord Morley was the then Secretary of State for India, and Lord Minto was the then Viceroy of India.

65. How did the Indian Councils Act of 1909 affect the size of legislative councils?

It considerably increased the size of the legislative councils, both Central and Provincial, raising the number of members in the Central legislative council from 16 to 60.

66. What was the majority composition in the Central and Provincial legislative councils after the Indian Councils Act of 1909?

It retained official majority in the Central legislative council, but allowed the provincial legislative councils to have non-official majority.

67. What deliberative functions were enlarged by the Indian Councils Act of 1909?

It enlarged the deliberative functions of the legislative councils at both levels, allowing members to ask supplementary questions and move resolutions on the budget.

68. What significant provision was made for the first time by the Indian Councils Act of 1909 regarding Indians in executive councils?

It provided (for the first time) for the association of Indians with the executive councils of the viceroy and Governors.

69. Who was the first Indian to join the Viceroy’s Executive Council, and what was his appointment?

Satyendra Prasad Sinha became the first Indian to join the viceroy’s executive council as the Law Member.

70. What system of representation was introduced by the Indian Councils Act of 1909 for Muslims?

It introduced a system of communal representation for Muslims by accepting the concept of ‘separate electorate’.

71. What was Lord Minto known as due to the introduction of communal electorate?

Lord Minto came to be known as the Father of Communal Electorate.

72. What other groups were provided with separate representation by the Indian Councils Act of 1909?

It also provided for the separate representation of presidency corporations, chambers of commerce, universities and zamindars.

73. When did the British Government declare its objective of gradual introduction of responsible Government in India?

On August 20, 1917, the British Government declared its objective of gradual introduction of responsible Government in India.

74. What was the Government of India Act of 1919 also known as?

The Government of India Act of 1919 was also known as Montagu-Chelmsford Reforms.

75. Who were Montagu and Lord Chelmsford in relation to the Montagu-Chelmsford Reforms?

Montagu was the Secretary of State for India, and Lord Chelmsford was the Viceroy of India.

76. How did the Government of India Act of 1919 classify subjects of administration?

It provided for the classification of all subjects of administration into two categories: central subjects and provincial subjects, done by the “Devolution Rules”.

77. How did the Government of India Act of 1919 divide provincial subjects?

It further divided the provincial subjects into two parts—transferred and reserved.

78. What was the dual scheme of governance introduced by the Government of India Act of 1919 known as?

This dual scheme of governance was known as ‘dyarchy’, meaning double rule.

79. What electoral and legislative changes were introduced for the first time by the Government of India Act of 1919?

It introduced, for the first time, bicameralism and direct elections in the country.

80. What was the composition of the bicameral legislature under the Government of India Act of 1919?

The Indian legislative council was replaced by a bicameral legislature consisting of an Upper House (Council of State) and a Lower House (Legislative Assembly).

81. What was the requirement for Indian members in the Viceroy’s Executive Council under the Government of India Act of 1919?

It required that three of the six members of the Viceroy’s executive Council (other than the Commander-in-Chief) were to be Indian.

82. What new categories were granted separate electorates by the Government of India Act of 1919?

It extended the principle of communal representation by providing separate electorates for Sikhs, Indian Christians, Anglo-Indians and Europeans.

83. What was the basis for franchise granted by the Government of India Act of 1919?

It granted franchise to a limited number of people on the basis of property, tax or other qualifications.

84. What new office was created in London by the Government of India Act of 1919?

It created a new office of the High Commissioner for India in London.

85. What commission was provided for by the Government of India Act of 1919 to inquire into its working?

It provided for the appointment of a statutory commission to inquire into and report on its working after ten years of its coming into force.

86. What chamber was proposed to be established by the Government of India Act of 1919?

It proposed the establishment of a Chamber of Princes (also known as Narendra Mandal), inaugurated in 1921.

87. When was the Simon Commission appointed, and what was its purpose?

The Simon Commission was appointed in November 1927 (two years before schedule) under the chairmanship of Sir John Simon to report on the condition of India under its new Constitution.

88. Why did all parties boycott the Simon Commission?

All parties boycotted the commission because all its members were British.

89. What were the recommendations of the Simon Commission in its 1930 report?

The commission submitted its report in 1930 and recommended the abolition of dyarchy, extension of responsible Government in the provinces, establishment of a federation of British India and princely states, and continuation of communal electorate.

90. What was the ‘White Paper on Constitutional Reforms’ based on?

The ‘White Paper on Constitutional Reforms’ was prepared on the basis of discussions from the three Round Table Conferences.

91. What was the Communal Award, and when was it announced?

The Communal Award was a scheme of representation for minorities announced by British Prime Minister Ramsay MacDonald in August 1932.

92. To whom did the Communal Award extend separate electorates?

The award not only continued separate electorates for Muslims, Sikhs, Indian Christians, Anglo-Indians and Europeans but also extended it to the depressed classes (Scheduled Castes).

93. Why did Gandhiji undertake a fast unto death in Yerawada Jail?

Gandhiji was distressed over the extension of communal representation to the depressed classes and undertook a fast unto death to get the award modified.

94. What was the Poona Pact, and what did it achieve?

The Poona Pact was an agreement between the Congress and Dr. B.R. Ambedkar that retained the Hindu joint electorate and gave reserved seats to the depressed classes.

95. What was the basis for the composition of central and provincial legislatures under the Government of India Act of 1935?

The composition of central and provincial legislatures under the 1935 Act was based on the modified Communal Award (incorporating the Poona Pact).

96. What was the Government of India Act of 1935 considered a milestone for?

The Government of India Act of 1935 marked a second milestone towards a completely responsible government in India.

97. What was the structure of the All-India Federation proposed by the Government of India Act of 1935?

It provided for the establishment of an All-India Federation consisting of provinces and princely states as units.

98. How did the Government of India Act of 1935 divide powers between the Centre and units?

The Act divided powers into three lists: Federal List (59 items for Centre), Provincial List (54 items for provinces), and Concurrent List (36 items for both).

99. What happened to the residuary powers under the Government of India Act of 1935?

Residuary powers were given to the Viceroy (Governor-General).

100. Why did the All-India Federation proposed by the Government of India Act of 1935 never come into being?

The federation never came into being as the princely states did not join it.

101. What change did the Government of India Act of 1935 introduce in the provinces?

It abolished dyarchy in the provinces and introduced ‘provincial autonomy’ in its place.

102. When did responsible Governments come into effect in provinces under the Government of India Act of 1935, and when were they discontinued?

Responsible Governments came into effect in provinces in 1937 and were discontinued in 1939.

103. What did the Government of India Act of 1935 provide for at the Centre?

It provided for the adoption of dyarchy at the Centre, dividing federal subjects into reserved and transferred subjects.

104. How many provinces introduced bicameralism under the Government of India Act of 1935?

It introduced bicameralism in six out of eleven provinces: Bengal, Bombay, Madras, Bihar, Assam and the United Provinces.

105. What reservations did the Government of India Act of 1935 include for depressed classes, women, and labour?

It reserved a certain number of general seats for the depressed classes (Scheduled Castes) and extended special representation to women and labour (workers).

106. What body was abolished by the Government of India Act of 1935?

It abolished the Council of India, established by the Government of India Act of 1858.

107. How did the Government of India Act of 1935 affect franchise?

It extended franchise, giving about 14 per cent of the total population the voting right.

108. What financial institution was provided for by the Government of India Act of 1935?

It provided for the establishment of a Reserve Bank of India to control the currency and credit of the country.

109. What public service commissions were provided for by the Government of India Act of 1935?

It provided for the establishment of a Federal Public Service Commission, Provincial Public Service Commission, and Joint Public Service Commission for two or more provinces.

110. What court was established in 1937 as per the Government of India Act of 1935?

It provided for the establishment of a Federal Court, which was set up in 1937.

111. What territorial changes were made by the Government of India Act of 1935 regarding Burma and new provinces?

It separated Burma (now Myanmar) from India and created two new provinces of Orissa and Sind.

112. What authority was provided for by the Government of India Act of 1935 to administer railways?

It provided for the establishment of a Federal Railway Authority to look after the administration of railways.

113. What office was provided for by the Government of India Act of 1935 to audit accounts?

It provided for the appointment of an Auditor-General of India to audit the accounts of the federation and the provinces.

114. When did the British Prime Minister Clement Atlee declare the end of British rule in India?

On February 20, 1947, British Prime Minister Clement Atlee declared that British rule in India would end by June 30, 1948.

115. When was the Mountbatten Plan put forth, and what did it propose?

On June 3, 1947, Lord Mountbatten put forth the partition plan, known as the Mountbatten Plan.

116. When did the Indian Independence Act of 1947 come into force?

The Indian Independence Act of 1947 came into force on August 15, 1947.

117. What major change did the Indian Independence Act of 1947 make to British rule in India?

It ended the British rule in India and declared India as an independent state from August 15, 1947.

118. What did the Indian Independence Act of 1947 provide for regarding the partition of India?

It provided for the partition of India and creation of two independent dominions of India and Pakistan.

119. What office was abolished by the Indian Independence Act of 1947, and what was provided in its place?

It abolished the office of Viceroy and provided, for each dominion, a Governor-General to be appointed by the British King.

120. What powers were given to the Constituent Assemblies of the two dominions by the Indian Independence Act of 1947?

It empowered the Constituent Assemblies of both dominions to frame and adopt any constitution and to repeal any act of the British Parliament.

121. How did the Indian Independence Act of 1947 affect the British Monarch’s right to veto bills?

It deprived the British Monarch of his right to veto bills or ask for reservation of certain bills for his approval.

122. What was the status of the Governor-General of India and provincial governors after the Indian Independence Act of 1947?

They were designated as constitutional (nominal) heads of the states, acting on the advice of the respective council of ministers.

123. What title was dropped from the royal titles of the King of England by the Indian Independence Act of 1947?

It dropped the title of Emperor of India from the royal titles of the King of England.

124. What changes were made to civil services by the Indian Independence Act of 1947?

It discontinued the appointment to civil services and reservation of posts by the secretary of state for India.

125. Who became the first Governor-General of the new Dominion of India?

Lord Mountbatten became the first Governor-General of the new Dominion of India.

126. Who was sworn in as the first Prime Minister of independent India?

Jawaharlal Nehru was sworn in as the first Prime Minister of independent India.

127. What body became the Parliament of the Indian Dominion after independence?

The Constituent Assembly of India, formed in 1946, became the Parliament of the Indian Dominion.

128. Who held the portfolio of Vice-President of the Council, External Affairs and Commonwealth Relations in the Interim Government (1946)?

Jawaharlal Nehru held these portfolios.

129. Who held the portfolio of Home, Information and Broadcasting in the Interim Government (1946)?

Sardar Vallabhbhai Patel held this portfolio.

130. Who held the portfolio of Food and Agriculture in the Interim Government (1946)?

Dr. Rajendra Prasad held this portfolio.

131. Who held the portfolio of Industries and Supplies in the Interim Government (1946)?

Dr. John Mathai held this portfolio.

132. Who held the portfolio of Labour in the Interim Government (1946)?

Jagjivan Ram held this portfolio.

133. Who held the portfolio of Defence in the Interim Government (1946)?

Sardar Baldev Singh held this portfolio.

134. Who held the portfolio of Works, Mines and Power in the Interim Government (1946)?

C.H. Bhabha held this portfolio.

135. Who held the portfolio of Finance in the Interim Government (1946)?

Liaquat Ali Khan held this portfolio.

136. Who held the portfolio of Posts and Air in the Interim Government (1946)?

Abdur Rab Nishtar held this portfolio.

137. Who held the portfolio of Railways and Transport in the Interim Government (1946)?

Asaf Ali held this portfolio.

138. Who held the portfolio of Education and Arts in the Interim Government (1946)?

C. Rajagopalachari held this portfolio.

139. Who held the portfolio of Commerce in the Interim Government (1946)?

I.I. Chundrigar held this portfolio.

140. Who held the portfolio of Health in the Interim Government (1946)?

Ghaznafar Ali Khan held this portfolio.

141. Who held the portfolio of Law in the Interim Government (1946)?

Jogendra Nath Mandal held this portfolio.

142. Who was designated as the Vice-President of the Viceroy’s Executive Council in the Interim Government (1946)?

Jawaharlal Nehru was designated as the Vice-President of the Council.

143. Who became the Prime Minister in the First Cabinet of Independent India (1947)?

Jawaharlal Nehru became the Prime Minister.

144. What portfolios did Jawaharlal Nehru hold in the First Cabinet of Independent India (1947)?

Prime Minister; External Affairs and Commonwealth Relations; Scientific Research.

145. What portfolios did Sardar Vallabhbhai Patel hold in the First Cabinet of Independent India (1947)?

Home, Information and Broadcasting; States.

146. What portfolio did Dr. Rajendra Prasad hold in the First Cabinet of Independent India (1947)?

Food and Agriculture.

147. What portfolio did Maulana Abul Kalam Azad hold in the First Cabinet of Independent India (1947)?

Education.

148. What portfolio did Dr. John Mathai hold in the First Cabinet of Independent India (1947)?

Railways and Transport.

149. What portfolio did R.K. Shanmugham Chetty hold in the First Cabinet of Independent India (1947)?

Finance.

150. What portfolio did Dr. B.R. Ambedkar hold in the First Cabinet of Independent India (1947)?

Law.

151. What portfolio did Jagjivan Ram hold in the First Cabinet of Independent India (1947)?

Labour.

152. What portfolio did Sardar Baldev Singh hold in the First Cabinet of Independent India (1947)?

Defence.

153. What portfolio did Raj Kumari Amrit Kaur hold in the First Cabinet of Independent India (1947)?

Health.

154. What portfolio did C.H. Bhabha hold in the First Cabinet of Independent India (1947)?

Commerce.

155. What portfolio did Rafi Ahmed Kidwai hold in the First Cabinet of Independent India (1947)?

Communication.

156. What portfolio did Dr. Shyama Prasad Mukherjee hold in the First Cabinet of Independent India (1947)?

Industries and Supplies.

157. What portfolio did V.N. Gadgil hold in the First Cabinet of Independent India (1947)?

Works, Mines and Power.

158. What was the ‘Diwani’ granted to the Company after the Battle of Buxar?

The Mughal Emperor, Shah Alam, granted ‘Diwani’ to the Company after its victory in the Battle of Buxar (1764).

159. Who introduced the Pitt’s India Act in the British Parliament?

It was introduced in the British Parliament by the then Prime Minister, William Pitt.

160. How were the Civil Services of the Company classified at that time?

The Civil Services of the Company were classified into covenanted civil services (higher civil services) and uncovenanted civil services (lower civil services).

161. What was the system of Budget introduced in British India?

The system of Budget was introduced in British India in 1860.

162. What was the policy of His Majesty’s Government regarding the association of Indians in administration?

The policy was the increasing association of Indians in every branch of the administration, and the gradual development of self-government institutions, with a view to the progressive realisation of responsible government in India as an integral part of the British Empire.

163. On whose recommendation was the Central Public Service Commission set up in 1926?

This was done on the recommendation of the Lee Commission on Superior Civil Services in India (1923–24).

164. When was the Indian Independence Bill introduced in the British Parliament and when did it receive Royal Assent?

The Indian Independence Bill was introduced in the British Parliament on July 4, 1947, and received the Royal Assent on July 18, 1947.

165. How were the boundaries between the two Dominions determined?

The boundaries between the two Dominions were determined by a Boundary Commission headed by Radcliff.

Chapter 2 Making of the Constitution

1. Who first put forward the idea of a Constituent Assembly for India and in what year?

The idea of a Constituent Assembly for India was first put forward by M.N. Roy in 1934.

2. When did the Indian National Congress (INC) officially demand a Constituent Assembly for the first time?

In 1935, the Indian National Congress (INC) officially demanded a Constituent Assembly to frame the Constitution of India for the first time.

3. What did Jawaharlal Nehru declare in 1938 regarding the Constitution of free India?

In 1938, Jawaharlal Nehru declared that the ‘Constitution of free India must be framed, without outside interference, by a Constituent Assembly elected on the basis of adult franchise’.

4. When was the demand for a Constituent Assembly accepted in principle by the British Government?

The demand was finally accepted in principle by the British Government in what is known as the ‘August Offer’ of 1940.

5. Who came to India in 1942 with a draft proposal for an independent Constitution?

In 1942, Sir Stafford Cripps, a Member of the Cabinet, came to India with a draft proposal of the British Government on the framing of an independent Constitution.

6. Why were the Cripps Proposals rejected by the Muslim League?

The Cripps Proposals were rejected by the Muslim League because it wanted India to be divided into two autonomous states with two separate Constituent Assemblies.

7. What mission was sent to India that rejected the idea of two Constituent Assemblies but put forth a scheme for one?

Finally, a Cabinet Mission was sent to India. While it rejected the idea of two Constituent Assemblies, it put forth a scheme for the Constituent Assembly.

8. When was the Constituent Assembly constituted and under what scheme?

The Constituent Assembly was constituted in November 1946 under the scheme formulated by the Cabinet Mission Plan.

9. What was the total strength of the Constituent Assembly as per the Cabinet Mission Plan?

The total strength of the Constituent Assembly was to be 389.

10. How were the seats in the Constituent Assembly allotted between British India and princely states?

Of the 389 seats, 296 seats were to be allotted to British India and 93 seats to the princely states.

11. How were the 296 seats allotted to British India distributed?

Out of 296 seats allotted to British India, 292 members were to be drawn from the eleven governors’ provinces and four from the four Chief Commissioners’ provinces, one from each.

12. How were seats allocated to each province and princely state in the Constituent Assembly?

Each province and princely state (or group of states) were to be allotted seats in proportion to their respective population, roughly one seat for every million population.

13. How were seats allocated to each British province divided among the three principal communities?

Seats allocated to each British province were to be divided among the three principal communities—Muslims, Sikhs and General (all except Muslims and Sikhs), in proportion to their population.

14. How were the representatives of each community elected in the provincial legislative assembly?

The representatives of each community were to be elected by members of that community in the provincial legislative assembly and voting was to be by the method of proportional representation by means of single transferable vote.

15. How were the representatives of the princely states selected for the Constituent Assembly?

The representatives of the princely states were to be nominated by the heads of the princely states.

16. What was the nature of the Constituent Assembly in terms of election and nomination?

The Constituent Assembly was to be a partly elected and partly nominated body.

17. How were the members of the provincial assemblies elected?

The members of the provincial assemblies were indirectly elected by a limited franchise.

18. When were the elections to the Constituent Assembly held for British Indian Provinces?

The elections to the Constituent Assembly (for 296 seats allotted to the British Indian Provinces) were held in July–August 1946.

19. How many seats did the Indian National Congress and the Muslim League win in the Constituent Assembly elections?

The Indian National Congress won 208 seats, and the Muslim League won 73 seats.

20. Why were the 93 seats allotted to the princely states not filled?

The 93 seats allotted to the princely states were not filled as they decided to stay away from the Constituent Assembly.

21. What sections of Indian society were represented in the Constituent Assembly?

The Assembly comprised representatives of all sections of Indian society—Hindus, Muslims, Sikhs, Parsis, Anglo–Indians, Indian Christians, SCs, STs including women.

22. Which important personality was not included in the Constituent Assembly?

The Assembly included all important personalities of India at that time, with the exception of Mahatma Gandhi.

23. When did the Constituent Assembly hold its first meeting?

The Constituent Assembly held its first meeting on December 9, 1946.

24. Why did the Muslim League boycott the first meeting of the Constituent Assembly?

The Muslim League boycotted the meeting and insisted on a separate state of Pakistan.

25. How many members attended the first meeting of the Constituent Assembly?

Only 207 members attended the first meeting.

26. Who was elected as the temporary Chairman of the Constituent Assembly?

Dr. Sachchidananda Sinha, the oldest member, was elected as the temporary Chairman of the Assembly, following the French practice.

27. When was Dr. Rajendra Prasad elected permanent Chairman (President) of the Assembly?

On December 11, 1946, Dr. Rajendra Prasad was elected as the permanent Chairman (President) of the Assembly.

28. Who was elected as the Vice-President of the Assembly on January 25, 1947?

On January 25, 1947, H.C. Mukherjee was elected as the Vice-President of the Assembly.

29. Who was elected as the second Vice-President of the Assembly on July 16, 1947?

On July 16, 1947, V. T. Krishnamachari was elected as the second Vice-President of the Assembly.

30. When did Jawaharlal Nehru move the ‘Objectives Resolution’ in the Assembly?

On December 13, 1946, Jawaharlal Nehru moved the historic ‘Objectives Resolution’ in the Assembly.

31. What did the ‘Objectives Resolution’ lay down?

It laid down the fundamentals and philosophy of the constitutional structure.

32. What was the resolve declared by the Constituent Assembly in the Objectives Resolution?

This Constituent Assembly declares its firm and solemn resolve to proclaim India as an Independent Sovereign Republic and to draw up for her future governance a Constitution.

33. How were the territories to be constituted into the independent sovereign India described in the Objectives Resolution?

The territories that now comprise British India, the Indian States, and other parts of India willing to be constituted into the independent sovereign India, shall be a Union of them all.

34. What status and powers were the said territories to possess and retain according to the Objectives Resolution?

The said territories, whether with their present boundaries or with such others as may be determined by the Constituent Assembly and thereafter according to the law of the Constitution, shall possess and retain the status of autonomous units together with residuary powers and exercise all powers and functions of Government and administration save and except such powers and functions as are vested in or assigned to the Union or as are inherent or implied in the Union or resulting therefrom.

35. From whom were all power and authority of the sovereign independent India derived, as stated in the Objectives Resolution?

All power and authority of the sovereign independent India, its constituent parts and organs of Government are derived from the people.

36. What rights were to be guaranteed and secured to all the people of India according to the Objectives Resolution?

Justice, social, economic and political; equality of status of opportunity, and before the law; freedom of thought, expression, belief, faith, worship, vocation, association and action, subject to law and public morality.

37. What safeguards were to be provided according to the Objectives Resolution?

Adequate safeguards shall be provided for minorities, backward and tribal areas, and depressed and other backward classes.

38. What was the objective for India’s place in the world according to the Objectives Resolution?

This ancient land attains its rightful and honoured place in the world and makes its full and willing contribution to the promotion of world peace and the welfare of mankind.

39. When was the Objectives Resolution unanimously adopted by the Assembly?

This Resolution was unanimously adopted by the Assembly on January 22, 1947.

40. What part of the present Constitution was influenced by the Objectives Resolution?

Its modified version forms the Preamble of the present Constitution.

41. When did the representatives of six princely states join the Constituent Assembly?

On April 28, 1947, representatives of the six states were part of the Assembly.

42. What were the three changes made to the position of the Assembly by the Indian Independence Act of 1947?

The Indian Independence Act of 1947 made the following three changes:

1. The Assembly was made a fully sovereign body.
2. The Assembly also became a legislative body.
3. The Muslim League members (from Pakistan areas) withdrew from the Constituent Assembly for India.

43. What power was given to the Assembly as a fully sovereign body?

The act empowered the Assembly to abrogate or alter any law made by the British Parliament in relation to India.

44. What were the two separate functions assigned to the Assembly?

The two separate functions were: making of the Constitution for free India and enacting of ordinary laws for the country.

45. Who chaired the Assembly when it met as the Constituent body and when it met as the legislative body?

When the Assembly met as the Constituent body it was chaired by Dr. Rajendra Prasad, and when it met as the legislative body, it was chaired by G.V. Mavlankar.

46. When did the task of making the Constitution get completed?

These two functions continued till November 26, 1949, when the task of making the Constitution was over.

47. What was the consequence of the Muslim League members withdrawing from the Constituent Assembly for India?

Consequently, the total strength of the Assembly came down to 299 as against 389 originally fixed in 1946.

48. What were the other functions performed by the Constituent Assembly besides constitution-making and enacting ordinary laws?

The Constituent Assembly also:

1. Ratified India’s membership of the Commonwealth in May 1949.
2. Adopted the national flag on July 22, 1947.
3. Adopted the national anthem on January 24, 1950.
4. Adopted the national song on January 24, 1950.
5. Elected Dr. Rajendra Prasad as the first President of India on January 24, 1950.

49. How many sessions did the Constituent Assembly have, and over what period?

In all, the Constituent Assembly had 11 sessions over two years, 11 months and 18 days.

50. How many countries’ Constitutions were gone through by the Constitution-makers?

The Constitution-makers had gone through the Constitutions of about 60 countries.

51. What was the total expenditure incurred on making the Constitution?

The total expenditure incurred on making the Constitution amounted to ₹64 lakh.

52. When did the Constituent Assembly hold its final session?

On January 24, 1950, the Constituent Assembly held its final session.

53. How did the Constituent Assembly continue after January 26, 1950?

It continued as the provisional parliament of India from January 26, 1950, till the formation of new Parliament after the first general elections in 1951–52.

54. How many major committees and minor committees were appointed by the Constituent Assembly?

Out of these, eight were major committees and the others were minor committees.

55. Who was the Chairman of the Union Powers Committee?

Jawaharlal Nehru was the Chairman.

56. Who was the Chairman of the Union Constitution Committee?

Jawaharlal Nehru was the Chairman.

57. Who was the Chairman of the Provincial Constitution Committee?

Sardar Patel was the Chairman.

58. Who was the Chairman of the Drafting Committee?

Dr. B.R. Ambedkar was the Chairman.

59. Who was the Chairman of the Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas?

Sardar Patel was the Chairman.

60. What were the five sub-committees under the Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas?

The five sub-committees were: (a) Fundamental Rights Sub-Committee – J.B. Kripalani (b) Minorities Sub-Committee – H.C. Mukherjee (c) North-East Frontier Tribal Areas and Assam Excluded & Partially Excluded Areas Sub-Committee – Gopinath Bardoloi (d) Excluded and Partially Excluded Areas (other than those in Assam) Sub-Committee – A.V. Thakkar (e) North-West Frontier Tribal Areas Sub-Committee

61. Who was the Chairman of the Rules of Procedure Committee?

Dr. Rajendra Prasad was the Chairman.

62. Who was the Chairman of the States Committee (Committee for Negotiating with States)?

Jawaharlal Nehru was the Chairman.

63. Who was the Chairman of the Steering Committee?

Dr. Rajendra Prasad was the Chairman.

64. Who was the Chairman of the Finance and Staff Committee?

Dr. Rajendra Prasad was the Chairman.

65. Who was the Chairman of the Credentials Committee?

Alladi Krishnaswami Ayyar was the Chairman.

66. Who was the Chairman of the House Committee?

B. Pattabhi Sitaramayya was the Chairman.

67. Who was the Chairman of the Order of Business Committee?

Dr. K.M. Munshi was the Chairman.

68. Who was the Chairman of the Ad-hoc Committee on the National Flag?

Dr. Rajendra Prasad was the Chairman.

69. Who was the Chairman of the Committee on the Functions of the Constituent Assembly?

G.V. Mavalankar was the Chairman.

70. Who was the Chairman of the Ad-hoc Committee on the Supreme Court?

S. Varadachari (Not an Assembly Member) was the Chairman.

71. Who was the Chairman of the Committee on Chief Commissioners’ Provinces?

B. Pattabhi Sitaramayya was the Chairman.

72. Who was the Chairman of the Expert Committee on the Financial Provisions of the Union Constitution?

Nalini Ranjan Sarkar (Not an Assembly Member) was the Chairman.

73. Who was the Chairman of the Linguistic Provinces Commission?

S.K. Dar (Not an Assembly Member) was the Chairman.

74. Who was the Chairman of the Special Committee to Examine the Draft Constitution?

Jawaharlal Nehru was the Chairman.

75. Who was the Chairman of the Press Gallery Committee?

Usha Nath Sen was the Chairman.

76. Who was the Chairman of the Ad-hoc Committee on Citizenship?

S. Varadachari (Not an Assembly Member) was the Chairman.

77. When was the Drafting Committee set up?

The Drafting Committee was set up on August 29, 1947.

78. What was the primary task of the Drafting Committee?

The primary task of the Drafting Committee was preparing a draft of the new Constitution.

79. How many members did the Drafting Committee consist of?

It consisted of seven members.

80. Who were the seven members of the Drafting Committee?

1. Dr. B.R. Ambedkar (Chairman)
2. N. Gopalaswamy Ayyangar
3. Alladi Krishnaswamy Ayyar
4. Dr. K.M. Munshi
5. Syed Mohammad Saadullah
6. N. Madhava Rau (replaced B.L. Mitter)
7. T.T. Krishnamachari (replaced D.P. Khaitan)

81. When was the first draft of the Constitution of India published by the Drafting Committee?

The first draft of the Constitution of India was published in February, 1948.

82. When was the second draft of the Constitution published?

The second draft was published in October, 1948.

83. How long did the Drafting Committee take to prepare its draft?

The Drafting Committee took less than six months to prepare its draft, sitting for only 141 days.

84. When did Dr. B.R. Ambedkar introduce the final draft of the Constitution in the Assembly?

Dr. B.R. Ambedkar introduced the final draft of the Constitution in the Assembly on November 4, 1948 (first reading).

85. When did the second reading (clause by clause consideration) of the draft Constitution begin and end?

The second reading started on November 15, 1948, and ended on October 17, 1949.

86. How many amendments were proposed and discussed during the second reading?

As many as 7653 amendments were proposed and 2473 were actually discussed.

87. When did the third reading of the draft Constitution start?

The third reading of the draft started on November 14, 1949.

88. When was the motion on Draft Constitution declared as passed?

The motion on Draft Constitution was declared as passed on November 26, 1949.

89. How many members were present and signed the Constitution on November 26, 1949?

Out of a total 299 members of the Assembly, only 284 were actually present on that day and signed the Constitution.

90. What is the significance of November 26, 1949?

This is the date mentioned in the Preamble as the date on which the people of India in the Constituent Assembly adopted, enacted and gave to themselves this Constitution.

91. What did the Constitution as adopted on November 26, 1949, contain?

The Constitution as adopted on November 26, 1949, contained a Preamble, 395 Articles and 8 Schedules.

92. When was the Preamble enacted in relation to the rest of the Constitution?

The Preamble was enacted after the entire Constitution was already enacted.

93. Who piloted the Draft Constitution in the Assembly?

Dr. B.R. Ambedkar, the then Law Minister, piloted the Draft Constitution in the Assembly.

94. What is Dr. B.R. Ambedkar recognised as in relation to the Constitution of India?

He is recognised as the ‘Father of the Constitution of India’ and the ‘chief architect of the Constitution of India’.

95. What day has the Government of India decided to celebrate as “Constitution Day” or “Samvidhan Divas”?

On November 19, 2015, the Government of India decided to celebrate November 26 of every year as the “Constitution Day” (“Samvidhan Divas”).

96. What was the purpose of celebrating “Constitution Day”?

The purpose is to promote constitutional values among citizens.

97. What provisions of the Constitution came into force on November 26, 1949, itself?

Some provisions pertaining to citizenship, elections, provisional parliament, temporary and transitional provisions, and short title (Articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392 and 393) came into force on November 26, 1949.

98. When did the remaining provisions (major part) of the Constitution come into force?

The remaining provisions came into force on January 26, 1950.

99. What is January 26 referred to as in the Constitution?

This day is referred to in the Constitution as the ‘date of its commencement’, and celebrated as the Republic Day.

100. Why was January 26 specifically chosen as the ‘date of commencement’ of the Constitution?

January 26 was specifically chosen because it was on this day in 1930 that Purna Swaraj day was celebrated, following the resolution of the Lahore Session (December 1929) of the INC.

101. What acts were repealed with the commencement of the Constitution?

The Indian Independence Act of 1947 and the Government of India Act of 1935, with all amending or supplementing enactments, were repealed.

102. Which act was continued despite the commencement of the Constitution?

The Abolition of Privy Council Jurisdiction Act (1949) was however continued.

103. When did the Congress Party appoint an Experts Committee for preparing material for the Constituent Assembly?

While elections to the Constituent Assembly were still in progress, on July 8, 1946, the Congress Party appointed an Experts Committee.

104. Who was the Chairman of the Experts Committee of the Congress?

Jawaharlal Nehru was the Chairman.

105. Who were the members of the Experts Committee of the Congress?

1. Jawaharlal Nehru (Chairman)
2. M. Asaf Ali
3. K.M. Munshi
4. N. Gopalaswami Ayyangar
5. K.T. Shah
6. D.R. Gadgil
7. Humayun Kabir
8. K. Santhanam

106. Who was co-opted as a member and convener of the Experts Committee?

Krishna Kripalani was co-opted.

107. What did Granville Austin observe about the role of the Congress Experts Committee?

Granville Austin observed: “It was the Congress Experts Committee that set India on the road to her present Constitution.”

108. What were the grounds of criticism against the Constituent Assembly?

The Constituent Assembly was criticised on the grounds of being:

1. Not a Representative Body
2. Not a Sovereign Body
3. Time Consuming
4. Dominated by Congress
5. Lawyer–Politician Domination
6. Dominated by Hindus

109. Why was the Constituent Assembly criticised as ‘Not a Representative Body’?

Critics argued that its members were not directly elected by the people of India on the basis of universal adult franchise.

110. Why was the Constituent Assembly criticised as ‘Not a Sovereign Body’?

Critics maintained that it was created by the proposals of the British Government and held its sessions with their permission.

111. What was the criticism regarding the time taken by the Constituent Assembly?

Critics stated that it took an unduly long time to make the Constitution, contrasting it with the American Constitution’s four months.

112. What new name did Naziruddin Ahmed coin for the Drafting Committee?

Naziruddin Ahmed called it a “Drifting Committee”.

113. What did Granville Austin remark about the Constituent Assembly’s domination by Congress?

Granville Austin remarked: “The Constituent Assembly was a one-party body in an essentially one-party country. The Assembly was the Congress and the Congress was India.”

114. What was the criticism regarding Lawyer–Politician Domination in the Constituent Assembly?

Critics pointed out that the Assembly was dominated by lawyers and politicians, leading to the bulkiness and complicated language of the Constitution.

115. What was the criticism regarding the Constituent Assembly being ‘Dominated by Hindus’?

Critics like Lord Viscount Simon and Winston Churchill called it ‘a body of Hindus’ or representing ‘only one major community in India’.

116. What was adopted as the symbol (seal) of the Constituent Assembly?

The elephant was adopted as the symbol (seal) of the Constituent Assembly.

117. Who was appointed as the constitutional advisor (Legal Advisor) to the Constituent Assembly?

Sir B.N. Rau was appointed as the constitutional advisor.

118. Who was the Secretary to the Constituent Assembly?

H.V.R. Iyengar was the Secretary.

119. Who was the chief draftsman of the constitution in the Constituent Assembly?

S.N. Mukherjee was the chief draftsman.

120. Who was the calligrapher of the Indian Constitution?

Prem Behari Narain Raizada was the calligrapher.

121. Who beautified and decorated the original version of the Constitution?

Artists from Shantiniketan, including Nand Lal Bose and Beohar Rammanohar Sinha, beautified and decorated it.

122. Who illuminated, beautified and ornamented the original Preamble?

Beohar Rammanohar Sinha illuminated, beautified and ornamented the original Preamble.

123. Who did the calligraphy of the Hindi version of the original constitution?

The calligraphy of the Hindi version was done by Vasant Krishan Vaidya.

124. What Constitutional Amendment Act made provision for an authoritative text of the Constitution in Hindi language?

The 58th Constitutional Amendment Act of 1987 inserted a new Article 394-A to make this provision.

125. What does Article 394-A contain?

Article 394-A contains provisions for the President to publish a translation of the Constitution in Hindi language with necessary modifications, and for the translation of every amendment.

126. What is the total number of seats allocated to British Indian Provinces in the Constituent Assembly (1946)?

292 seats.

127. What is the total number of seats allocated to Princely States (Indian States) in the Constituent Assembly (1946)?

93 seats.

128. What is the total number of seats allocated to Chief Commissioners’ Provinces in the Constituent Assembly (1946)?

4 seats.

129. What was the total number of seats in the Constituent Assembly (1946)?

389 seats.

130. How many seats did the Congress win in the Constituent Assembly Elections (July–August 1946)?

208 seats.

131. How many seats did the Muslim League win in the Constituent Assembly Elections (July–August 1946)?

73 seats.

132. What was the total number of seats won in the Constituent Assembly Elections (July–August 1946)?

296 seats.

133. What was the strength of Hindus in the Constituent Assembly (1946)?

163.

134. What was the strength of Muslims in the Constituent Assembly (1946)?

80.

135. What was the strength of Scheduled Castes in the Constituent Assembly (1946)?

31.

136. What was the strength of Indian Christians in the Constituent Assembly (1946)?

6.

137. What was the strength of Backward Tribes in the Constituent Assembly (1946)?

6.

138. What was the strength of Sikhs in the Constituent Assembly (1946)?

4.

139. What was the strength of Anglo-Indians in the Constituent Assembly (1946)?

3.

140. What was the strength of Parsees in the Constituent Assembly (1946)?

3.

141. What was the total strength in the Constituent Assembly (1946)?

296.

142. How many women members were there in total in the Constituent Assembly?

In total, the Constituent Assembly had 15 women members.

143. What was the First Session of the Constituent Assembly?

December 9–23, 1946.

144. What was the Second Session of the Constituent Assembly?

January 20–25, 1947.

145. What was the Third Session of the Constituent Assembly?

April 28–May 2, 1947.

146. What was the Fourth Session of the Constituent Assembly?

July 14–31, 1947.

147. What was the Fifth Session of the Constituent Assembly?

August 14–30, 1947.

148. What was the Sixth Session of the Constituent Assembly?

January 27, 1948.

149. What was the Seventh Session of the Constituent Assembly?

November 4, 1948–January 8, 1949.

150. What was the Eighth Session of the Constituent Assembly?

May 16–June 16, 1949.

151. What was the Ninth Session of the Constituent Assembly?

July 30–September 18, 1949.

152. What was the Tenth Session of the Constituent Assembly?

October 6–17, 1949.

153. What was the Eleventh Session of the Constituent Assembly?

November 14–26, 1949.

154. When did the Assembly meet again for members to append their signatures to the Constitution?

The Assembly met once again on January 24, 1950, when the members appended their signatures to the Constitution of India.

155. How many Articles did the U.S.A. Constitution originally consist of, and how long did it take to frame?

The U.S.A. Constitution originally consisted of 7 Articles, and took Less than 4 months to frame.

156. How many Articles did the Canadian Constitution originally consist of, and how long did it take to frame?

The Canadian Constitution originally consisted of 147 Articles, and took About 2 years and 6 months to frame.

157. How many Articles did the Australian Constitution originally consist of, and how long did it take to frame?

The Australian Constitution originally consisted of 128 Articles, and took About 9 years to frame.

158. How many Articles did the South African Constitution originally consist of, and how long did it take to frame?

The South African Constitution originally consisted of 153 Articles, and took 1 year to frame.

159. What does Article 393 of the Constitution deal with?

Short title.

160. What does Article 394 of the Constitution deal with?

Commencement.

161. What does Article 394A of the Constitution deal with?

Authoritative text in Hindi language.

162. What does Article 395 of the Constitution deal with?

Repeals.

163. When did the Cabinet Mission arrive in India?

The Cabinet Mission arrived in India on March 24, 1946.

164. When did the Provisional Parliament cease to exist?

The Provisional Parliament ceased to exist on April 17, 1952.

165. When did the first elected Parliament with the two Houses come into being?

The first elected Parliament with the two Houses came into being in May 1952.

166. Which provinces were included in the North-West Frontier Province and Baluchistan tribal areas sub-committee?

The members of this Sub-Committee were: Khan Abdul Ghaffar Khan, Khan Abdul Samad Khan and Mehr Chand Khanna.

167. What did Granville Austin state about the Indian Constitution?

Granville Austin, The Indian Constitution – Cornerstone of a Nation.

168. What did J.R. Siwach state about the Dynamics of Indian Government and Politics?

J.R. Siwach, Dynamics of Indian Government and Politics.

Chapter 3 Concept of the Constitution

1. From what Latin word is the term ‘constitution’ derived, and what does it mean?

The term ‘constitution’ is derived from the Latin word constituere, which means ‘to establish’ or ‘to set-up’.

2. In its present sense, what does the term ‘constitution’ refer to?

In its present sense, the term ‘constitution’ refers to a set of principles, which specify the organisation and working of the government and the relationship between the government and the people in terms of their rights and duties.

3. What are some of the ways the constitution is variously described?

The constitution is variously described as the ‘fundamental law of the land’, ‘supreme law of the state’, ‘basic law of the country’, ‘instrument of the government’, ‘rules of the state’, ‘basic structure of the polity’, ‘grundnorm of the country’ and so on.

4. How did Gilchrist define the constitution?

Gilchrist defined the constitution as that body of rules or laws which determine the organization of government, the distribution of powers to the various organs of government, and the general principles on which these powers are to be exercised.

5. How did Gettell define the constitution?

Gettell defined the constitution as the fundamental principles that determine the form of a state, including the method of state organisation, distribution of sovereign powers, scope of governmental functions, and relation of government to people.

6. How did Wheare define the Constitution?

Wheare defined the Constitution as the whole system of government of a country, the collection of rules which establish and regulate or govern the government.

7. How did Wade and Phillips define a constitution?

Wade and Phillips defined a constitution as a document having a special legal sanctity which sets out the framework and the principal functions of the organs of the Government of a State and declares the principles governing the operation of those organs.

8. Who identified the functions (or purposes) of a constitution?

The constitutional scholar, Elliot Bulmer, identified the functions (or purposes) of a constitution.

9. What are the functions (or purposes) of a constitution as identified by Elliot Bulmer?

1. It can declare and define the boundaries of the political community.
2. It can declare and define the nature and authority of the political community.
3. It can express the identity and values of a national community.
4. It can declare and define the rights and duties of citizens.
5. It can establish and regulate the political institutions of the community.
6. It can divide or share power between different layers of government or sub-state communities.
7. It can declare the official religious identity of the state and demarcate relationships between sacred and secular authorities.
8. It can commit states to particular social, economic, or developmental goals.

10. What are the qualities (or characteristics) of a good constitution?

The qualities of a good constitution are: Brevity, Clarity, Definiteness, Comprehensiveness, Suitability, Stability, and Adaptability.

11. What does Brevity mean for a constitution?

A constitution should be precise and should not contain unwanted provisions, as a lengthy constitution creates confusion in interpretation.

12. What does Clarity mean for a constitution?

A constitution should specify its provisions in clear terms to avoid reducing the degree of its understanding.

13. What does Definiteness mean for a constitution?

A constitution should contain a definite meaning for its provisions to avoid increasing the discretion of judges in their interpretation.

14. What does Comprehensiveness mean for a constitution?

A constitution should be comprehensive in laying down the powers of the government and the rights and duties of citizens, to reduce the scope for controversies and litigations.

15. What does Suitability mean for a constitution?

A constitution should reflect the needs and aspirations of the people, being suitable to the historical, socio-cultural, economic and political conditions of the nation.

16. What does Stability mean for a constitution?

A constitution should facilitate political stability and not allow easy tampering, strengthening citizens’ obedience.

17. What does Adaptability mean for a constitution?

A constitution should be dynamic and not static, able to adapt to changing situations and requirements, functioning as a living document.

18. How are constitutions classified based on evolution?

Constitutions are classified into evolved and enacted constitutions.

19. What is an evolved constitution?

An evolved constitution is the outcome of a slow and gradual evolutionary process, with provisions contained in conventions, practices, principles, and judicial decisions. It is also known as a cumulative constitution.

20. What is a good example of an evolved constitution?

The British Constitution is a good example of an evolved constitution.

21. What is an enacted constitution?

An enacted constitution is deliberately made by a constituent assembly or a constitutional council or promulgated by a king or parliament. Its provisions are contained in a book or document. It is also known as a conventional constitution.

22. What are good examples of an enacted constitution?

The American and Indian Constitutions are good examples of enacted constitutions.

23. How are constitutions classified based on incorporation of provisions?

Constitutions are classified into written and unwritten constitutions.

24. What is a written constitution?

A written constitution is one in which the provisions are incorporated in the form of a book or a document or a series of documents, consciously formulated and adopted by a body. It is also known as a documentary constitution or a codified constitution.

25. What are good examples of a written constitution?

The constitutions of the USA, Canada, Japan, France and India are good examples.

26. What is an unwritten constitution?

An unwritten constitution is one in which most of the provisions are not incorporated in a book or document, but are found in conventions, practices, principles, charters, statutes, and judicial decisions. It is also known as a non-documentary constitution or an uncodified constitution.

27. What are good examples of an unwritten constitution?

The constitutions of UK, New Zealand and Israel are good examples.

28. How are constitutions classified based on the method of amendment?

Constitutions are classified into rigid and flexible constitutions.

29. Who gave the classification of constitutions into rigid and flexible?

This classification was given by Lord James Bryce.

30. What is a rigid constitution?

A rigid constitution is one that cannot be amended in the same manner as ordinary laws, requiring a special procedure for its amendment and distinguishing between constitutional and ordinary law. It is also known as an inelastic constitution.

31. What are good examples of a rigid constitution?

The constitutions of the USA, Australia and Switzerland are good examples.

32. What is a flexible constitution?

A flexible constitution is one that can be amended in the same manner as ordinary laws, not requiring a special procedure for its amendment and not distinguishing between constitutional and ordinary law. It is also known as an elastic constitution.

33. What are good examples of a flexible constitution?

The constitutions of UK and New Zealand are good examples.

34. How is the Constitution of India described in terms of rigidity and flexibility?

The Constitution of India is neither rigid nor flexible, but a synthesis of both.

35. How are constitutions classified based on the nature of relationship between national and regional governments?

Constitutions are classified into federal and unitary constitutions.

36. What is a federal constitution?

A federal constitution provides for a division of power between the national government and the regional governments, enabling them to operate independently in their respective jurisdictions.

37. What are good examples of a federal constitution?

Federal constitution is prevalent in the USA, Switzerland, Australia, Canada, Russia, Brazil, and some other states.

38. What is a unitary constitution?

A unitary constitution provides for the concentration of power in the hands of the national government, making regional governments operate as subordinate agencies.

39. What are good examples of a unitary constitution?

Unitary constitution is prevalent in the UK, France, Japan, China, Italy, Norway, and other states.

40. How is the Constitution of India described in terms of federal and unitary provisions?

The Constitution of India contains both the federal provisions as well as the unitary provisions.

41. How did K.C. Wheare describe the Constitution of India in terms of federalism?

K.C. Wheare described it as quasi-federal.

42. What are the two broad constitutional archetypes identified by Elliot Bulmer?

According to Elliot Bulmer, two broad constitutional archetypes are procedural and prescriptive.

43. What does a procedural constitution define?

A procedural constitution defines the legal and political structures of public institutions and sets out the legal limits of government power to protect democratic processes and fundamental human rights.

44. What does a prescriptive constitution assume or attempt to impose?

A prescriptive constitution assumes (or attempts to impose) a broad consensus on common societal goals that public authorities must strive to achieve.

45. What is the relationship between constitution and constitutionalism?

The concepts of constitution and constitutionalism are closely related, but a country may have a constitution without constitutionalism, as in a dictatorship.

46. What does constitutionalism connote in essence?

Constitutionalism connotes, in essence, limited government or limitation on government. It is the antithesis of arbitrary powers.

47. What does constitutionalism desire in a political order?

Constitutionalism desires a political order in which the power of the government are limited.

48. How did Friedrich define Constitutionalism?

Friedrich defined Constitutionalism as a system of effective restraints upon governmental action, ensuring fairplay and rendering the government responsible.

49. How did Roucek define Constitutionalism?

Roucek defined Constitutionalism as essentially limited government, the antithesis of government by unrestrained will of rulers, assuming limitations on government.

50. How did Wheare define Constitutional government?

Wheare defined Constitutional government as government according to rule as opposed to arbitrary government, limited by the terms of a constitution.

51. How did Ybema define a constitutional government?

Ybema defined a constitutional government as one where the rulers are subject to a body of rules and principles which limit the exercise of their power, being the antithesis of arbitrary rule.

52. What are the eight elements (features or principles) of constitutionalism identified by Louis Henkin?

1. Popular sovereignty
2. Rule of law
3. Democratic government (responsible and accountable government)
4. Separation of powers (checks and balances)
5. An independent judiciary
6. Civilian control of the military
7. Police governed by law and judicial control
8. Respect for individual rights

53. What did R.N. Gilchrist write about in Principles of Political Science?

R.N. Gilchrist, Principles of Political Science, 1961, p. 211.

54. What did R.G. Gettell write about in Political Science?

R.G. Gettell, Political Science, 1956, p. 244.

55. What did K.C. Wheare write about in Modern Constitutions?

K.C. Wheare, Modern Constitutions, 1956, p. 1.

56. What did Wade and Phillips write about in Constitutional Law?

Wade and Phillips, Constitutional Law, 1965, p. 1.

57. What did Elliot Bulmer write about in What is a Constitution? Principles and Concepts?

Elliot Bulmer, What is a Constitution? Principles and Concepts, International IDEA Constitution – Building Primer 1, Second Edition, 2017, International Institute for Democracy and Electoral Assistance, pp. 6–7.

58. What did J. Bryce write about in Studies in History and Jurisprudence?

Bryce, J., Studies in History and Jurisprudence, Volume 1, p. 127.

59. What did Mamta Rao write about in Constitutional Law?

Mamta Rao, Constitutional Law, Second Edition, EBC Publishing Ltd., Lucknow, 2021, p. 8.

60. What did Dr. Subhash C. Kashyap write about in Constitutional Law of India?

Kashyap, Dr. Subhash C., Constitutional Law of India, Second Edition, Volume 1, Universal Law Publishing, Gurgaon, 2015, p. 7.

61. What did J.C. Johari write about in Comparative Politics?

Johari, J.C., Comparative Politics, Fourth Edition, Sterling Publishers Private Limited, New Delhi, 2011, p. 217.

62. What did Carl J. Friedrich write about in Constitutional Government and Democracy?

Friedrich, Carl J., Constitutional Government and Democracy, Oxford and IBH, Calcutta, 1964, p. 25.

63. What did J.S. Roucek and Others write about in Introduction to Political Science?

Roucek, J.S. and Others, Introduction to Political Science, 1954, p. 981.

64. What did S.P. Ybema write about in Constitutionalism and Civil Liberties?

Ybema, S.P., Constitutionalism and Civil Liberties, Leiden University Press, Leiden, 1973, p. 1.

65. What did Louis Henkin write about in A New Birth of Constitutionalism: Genetic Influences and Genetic Defects?

Henkin, Louis, A New Birth of Constitutionalism: Genetic Influences and Genetic Defects, Chapter 2 in Constitutionalism, Identity, Difference and Legitimacy: Theoretical Perspectives, Edited by Michel Rosenfeld, Duke University Press, Durham, 1994, pp. 39–54.

Chapter 4: Salient Features of the Constitution

1. What makes the Indian Constitution unique?

The Indian Constitution is unique in its contents and spirit.

2. What distinguishes the Indian Constitution from others despite borrowing from various sources?

The Constitution of India has several salient features that distinguish it from the Constitutions of other countries.

3. What amendments have substantially changed the original features of the Constitution?

Several amendments, particularly 7th, 42nd, 44th, 73rd, 74th, 97th and 101st Amendments, have substantially changed the original features.

4. What is the 42nd Amendment Act (1976) known as and why?

The 42nd Amendment Act (1976) is known as ‘Mini-Constitution’ due to the important and large number of changes made by it.

5. What did the Supreme Court rule in the Kesavananda Bharati case (1973) regarding Parliament’s constituent power?

In the Kesavananda Bharati case (1973), the Supreme Court ruled that the constituent power of Parliament under Article 368 does not enable it to alter the ‘basic structure’ of the Constitution.

6. What is the first salient feature of the Constitution?

The first salient feature is the Lengthiest Written Constitution.

7. How is the Constitution of India described in terms of its length compared to other written Constitutions?

The Constitution of India is the lengthiest of all the written Constitutions of the world.

8. What did the Constitution originally contain in 1949?

Originally (1949), the Constitution contained a Preamble, 395 Articles (divided into 22 Parts) and 8 Schedules.

9. What does the Constitution presently consist of?

Presently, it consists of a Preamble, about 470 Articles (divided into 25 Parts) and 12 Schedules.

10. How many Articles and Parts have been deleted and added since 1951?

The various amendments carried out since 1951 have deleted about 20 Articles and one Part (VII) and added about 95 Articles, four Parts (IVA, IXA, IXB and XIVA).

11. How many Schedules have been added since 1951?

Four Schedules (9, 10, 11 and 12) have been added.

12. What are the four factors that have contributed to the elephantine size of the Indian Constitution?

1. Geographical factors, i.e., the vastness and diversity of the country.
2. Historical factors, e.g., the influence of the bulky Government of India Act of 1935.
3. Single Constitution for both the Centre and the states.
4. Dominance of legal luminaries in the Constituent Assembly.

13. What kind of provisions are included in the Indian Constitution besides fundamental principles of governance?

The Constitution contains not only the fundamental principles of governance, but also detailed administrative provisions.

14. What is the status of Jammu and Kashmir regarding its own constitution and special status until 2019?

Till 2019, the erstwhile State of Jammu and Kashmir had its own constitution and thus enjoyed a special status by virtue of Article 370 of the Constitution of India.

15. What presidential order abolished the special status of Jammu and Kashmir in 2019?

In 2019, this special status was abolished by a presidential order known as “The Constitution (Application to Jammu and Kashmir) Order, 2019”.

16. What was the effect of the 2019 order on the provisions of the Constitution for Jammu and Kashmir?

The 2019 order extended all the provisions of the Constitution of India to Jammu and Kashmir also.

17. How did the Jammu and Kashmir Reorganisation Act, 2019, bifurcate the erstwhile State?

The Jammu and Kashmir Reorganisation Act, 2019, bifurcated the erstwhile State of Jammu and Kashmir into two separate Union territories, namely, the Union territory of Jammu & Kashmir and the Union territory of Ladakh.

18. What is the second salient feature of the Constitution?

The second salient feature is Drawn from Various Sources.

19. From where has the Constitution of India borrowed most of its provisions?

The Constitution of India has borrowed most of its provisions from the Constitutions of various other countries as well as from the Government of India Act of 1935.

20. What did Dr. B.R. Ambedkar proudly acclaim about the framing of the Constitution?

Dr. B.R. Ambedkar proudly acclaimed that the Constitution of India has been framed after ‘ransacking all the known Constitutions of the World’.

21. From where is the structural part of the Constitution largely derived?

The structural part of the Constitution is, to a large extent, derived from the Government of India Act of 1935.

22. From where does the philosophical part of the Constitution derive its inspiration?

The philosophical part of the Constitution (the Fundamental Rights and the Directive Principles of State Policy) derives its inspiration from the American and Irish Constitutions, respectively.

23. From where has the political part of the Constitution been largely drawn?

The political part of the Constitution (the principle of Cabinet Government and the relations between the Executive and the Legislature) has been largely drawn from the British Constitution.

24. What is the most profound influence and material source of the Constitution?

The most profound influence and material source of the Constitution is the Government of India Act, 1935.

25. What is the third salient feature of the Constitution?

The third salient feature is Blend of Rigidity and Flexibility.

26. How is the Constitution of India described in terms of rigidity and flexibility?

The Constitution of India is neither rigid nor flexible, but a synthesis of both.

27. What does Article 368 provide for regarding amendments?

Article 368 provides for two types of amendments: by a special majority of the Parliament, and by a special majority of the Parliament with ratification by half of the total states.

28. What are the two types of amendments provided for by Article 368?

1. Some provisions can be amended by a special majority of the Parliament.
2. Some other provisions can be amended by a special majority of the Parliament and with the ratification by half of the total states.

29. How can some provisions of the Constitution be amended outside the scope of Article 368?

Some provisions of the Constitution can be amended by a simple majority of the Parliament in the manner of ordinary legislative process.

30. What is the fourth salient feature of the Constitution?

The fourth salient feature is Federal System with Unitary Bias.

31. What kind of system of Government does the Constitution of India establish?

The Constitution of India establishes a federal system of Government.

32. What are the usual features of a federation present in the Indian Constitution?

The usual features of a federation present in the Indian Constitution are: two Governments, division of powers, written Constitution, supremacy of Constitution, rigidity of Constitution, independent judiciary and bicameralism.

33. What are the unitary or non-federal features contained in the Indian Constitution?

The Indian Constitution also contains many unitary or non-federal features, viz., a strong Centre, single Constitution, single citizenship, flexibility of Constitution, integrated judiciary, appointment of state governor by the Centre, all-India services, emergency provisions.

34. Has the term ‘Federation’ been used anywhere in the Constitution?

No, the term ‘Federation’ has nowhere been used in the Constitution.

35. How does Article 1 describe India, and what does it imply?

Article 1 describes India as a ‘Union of States’, implying that the Indian Federation is not the result of an agreement among states, and no state has the right to secede.

36. How has the Indian Constitution been variously described due to its federal and unitary features?

The Indian Constitution has been variously described as ‘federal in form but, unitary in spirit’, ‘quasi-federal’ by K.C. Wheare, ‘bargaining federalism’ by Morris Jones, ‘co-operative federalism’ by Granville Austin, and ‘federation with a centralising tendency’ by Ivor Jennings.

37. What is the fifth salient feature of the Constitution?

The fifth salient feature is Parliamentary form of Government.

38. What system of government has the Constitution of India opted for?

The Constitution of India has opted for the British Parliamentary System of Government.

39. What is the parliamentary system based on?

The parliamentary system is based on the principle of co-operation and co-ordination between the legislative and executive organs.

40. What is the presidential system based on?

The presidential system is based on the doctrine of separation of powers between the two organs.

41. What are other names for the parliamentary system?

The parliamentary system is also known as the ‘Westminster’ Model of Government, responsible Government and Cabinet Government.

42. Where does the Constitution establish the parliamentary system?

The Constitution establishes the parliamentary system not only at the Centre, but also in the states.

43. What are the features of parliamentary government in India?

1. Presence of nominal and real executives
2. Majority party rule
3. Collective responsibility of the executive to the legislature
4. Membership of the ministers in the legislature
5. Leadership of the Prime Minister or the Chief Minister
6. Dissolution of the lower House (Lok Sabha or Assembly)

44. What are the fundamental differences between the Indian and British parliamentary systems?

The Indian Parliament is not a sovereign body like the British Parliament, and the Indian State has an elected head (republic) while the British State has a hereditary head (monarchy).

45. What is the sixth salient feature of the Constitution?

The sixth salient feature is Synthesis of Parliamentary Sovereignty and Judicial Supremacy.

46. What doctrine is associated with the British Parliament?

The doctrine of sovereignty of Parliament is associated with the British Parliament.

47. What principle is associated with the American Supreme Court?

The principle of judicial supremacy is associated with the American Supreme Court.

48. How does the scope of judicial review power of the Supreme Court in India compare to that in the US?

The scope of judicial review power of the Supreme Court in India is narrower than that of what exists in the US.

49. What is the difference in constitutional provisions between the American Constitution and the Indian Constitution regarding ‘due process of law’?

The American Constitution provides for ‘due process of law’ against that of ‘procedure established by law’ contained in the Indian Constitution (Article 21).

50. What is the seventh salient feature of the Constitution?

The seventh salient feature is Integrated and Independent Judiciary.

51. What kind of judicial system does the Indian Constitution establish?

The Indian Constitution establishes a judicial system that is integrated as well as independent.

52. What is the position of the Supreme Court in the integrated judicial system?

The Supreme Court stands at the top of the integrated judicial system in the country.

53. How does the Indian judicial system enforce laws compared to the USA?

This single system of courts enforces both the central laws as well as the state laws, unlike in USA, where federal laws are enforced by federal judiciary and state laws by state judiciary.

54. What are the roles of the Supreme Court in India?

The Supreme Court is a federal court, the highest court of appeal, the guarantor of the fundamental rights of the citizens and the guardian of the Constitution.

55. What is the eighth salient feature of the Constitution?

The eighth salient feature is Fundamental Rights.

56. Where are the Fundamental Rights enshrined in the Indian Constitution?

The Fundamental Rights are enshrined in Part III of the Indian Constitution from Articles 12 to 35.

57. From where did the framers of the Constitution derive inspiration for Fundamental Rights?

The framers of the Constitution derived inspiration from the Constitution of USA (i.e., Bill of Rights).

58. What is Part III of the Constitution rightly described as?

Part III of the Constitution is rightly described as the Magna Carta of India.

59. What is the nature of Fundamental Rights in the Indian Constitution compared to other countries?

The Fundamental Rights in our Constitution are more elaborate than those found in the Constitution of any other country in the world, including the USA.

60. What is the purpose of Fundamental Rights in promoting political democracy?

The Fundamental Rights are meant for promoting the ideal of political democracy.

61. What do Fundamental Rights prevent and protect against?

They prevent the establishment of an authoritarian and despotic rule and protect the liberties and freedoms of the people against the invasion by the State.

62. What do Fundamental Rights operate as?

They operate as limitations on the tyranny of the executive and arbitrary laws of the legislature.

63. What do Fundamental Rights aim at establishing?

They aim at establishing ‘a government of laws and not of men’.

64. Why are Fundamental Rights named so?

They are named so because they are guaranteed and protected by the Constitution, which is the fundamental law of the land.

65. What was the original number of Fundamental Rights provided by the Constitution?

Originally, the Constitution provided for seven Fundamental Rights.

66. Which Fundamental Right was deleted from the list, and by which amendment?

The Right to Property (Article 31) was deleted from the list of Fundamental Rights by the 44th Amendment Act of 1978.

67. What is the Right to Property now, and where is it placed in the Constitution?

It is made a legal right under Article 300-A in Part XII of the constitution.

68. How many Fundamental Rights are there at present?

At present, there are only six Fundamental Rights.

69. What is the ninth salient feature of the Constitution?

The ninth salient feature is Directive Principles of State Policy.

70. What did Dr. B.R. Ambedkar describe the Directive Principles of State Policy as?

Dr. B.R. Ambedkar described the Directive Principles of State Policy as a ‘novel feature’ of the Indian Constitution.

71. Where are the Directive Principles enumerated in the Constitution?

They are enumerated in Part IV of the Constitution.

72. What do the Directive Principles along with the Fundamental Rights contain?

The Directive Principles along with the Fundamental Rights contain the philosophy of the Constitution and is the soul of the Constitution.

73. What did Granville Austin describe the Directive Principles and the Fundamental Rights as?

Granville Austin has described the Directive Principles and the Fundamental Rights as the ‘Conscience of the Constitution’.

74. What is the tenth salient feature of the Constitution?

The tenth salient feature is Fundamental Duties.

75. Did the original constitution contain fundamental duties of the citizens?

No, the original constitution contained only the fundamental rights and not the fundamental duties.

76. When were the fundamental duties of citizens added to the Constitution?

The fundamental duties of citizens were added in the Constitution in 1976.

77. When was one more Fundamental Duty added?

In 2002, one more Fundamental Duty was added.

78. From which country’s Constitution are the Fundamental Duties in the Indian Constitution inspired?

The Fundamental Duties in the Indian Constitution are inspired by the Constitution of erstwhile USSR.

79. Which democratic Constitution is perhaps the only one in the world that contains a list of duties of citizens?

The Japanese Constitution is, perhaps, the only democratic Constitution in world which contains a list of duties of citizens.

80. What was the stance of socialist countries on fundamental rights and duties?

The socialist countries gave equal importance to the fundamental rights and duties of their citizens.

81. What did the Constitution of erstwhile USSR declare regarding citizens’ rights and freedoms?

The Constitution of erstwhile USSR declared that the citizen’s exercise of their rights and freedoms was inseparable from the performance of their duties and obligations.

82. What is the eleventh salient feature of the Constitution?

The eleventh salient feature is A Secular State.

83. What is the stance of the Constitution of India regarding religion?

The Constitution of India stands for a Secular State, meaning it does not uphold any particular religion as the official religion.

84. What term was added to the Preamble by the 42nd Constitutional Amendment Act of 1976?

The term ‘secular’ was added to the Preamble of the Indian Constitution by the 42nd Constitutional Amendment Act of 1976.

85. What does the Preamble secure to all citizens of India regarding belief?

The Preamble secures to all citizens of India liberty of belief, faith and worship.

86. What is the twelfth salient feature of the Constitution?

The twelfth salient feature is Universal Adult Franchise.

87. What does the Indian Constitution adopt as a basis for elections to the Lok Sabha and state legislative assemblies?

The Indian Constitution adopts universal adult franchise as a basis of elections.

88. What is the voting age for citizens in India?

Every citizen who is not less than 18 years of age has a right to vote.

89. When was the voting age reduced from 21 years to 18 years, and by which amendment?

The voting age was reduced to 18 years from 21 years in 1989 by the 61st Constitutional Amendment Act of 1988.

90. What is the thirteenth salient feature of the Constitution?

The thirteenth salient feature is Single Citizenship.

91. What kind of citizenship does the Indian Constitution provide for?

Though the Indian Constitution is federal and envisages a dual polity, it provides for only a single citizenship, that is, the Indian citizenship.

92. What kind of citizenship system do countries like the USA and Australia adopt?

The other federal states like USA and Australia, on the other hand, adopted the system of double citizenship.

93. What is the fourteenth salient feature of the Constitution?

The fourteenth salient feature is Independent Bodies.

94. What independent bodies are established by the Indian Constitution?

The Indian Constitution establishes:

1. Election Commission
2. Comptroller and Auditor-General of India
3. Union Public Service Commission
4. State Public Service Commission

95. What is the fifteenth salient feature of the Constitution?

The fifteenth salient feature is Emergency Provisions.

96. What is the purpose of elaborate emergency provisions in the Indian Constitution?

The elaborate emergency provisions enable the Central government to meet any extraordinary situation effectively, safeguarding the sovereignty, unity, integrity and security of the country, the democratic political system, and the Constitution.

97. What happens to the federal structure during an emergency?

During an Emergency, the Central government becomes all-powerful and the states go into the total control of the centre, converting the federal structure into a unitary one without a formal amendment of the Constitution.

98. What is the sixteenth salient feature of the Constitution?

The sixteenth salient feature is Three-tier Government.

99. What amendment acts added a third-tier of Government to the Indian Constitution?

The 73rd and 74th Constitutional Amendment Acts (1992) added a third-tier of Government (i.e., local).

100. What did the 73rd Amendment Act of 1992 give constitutional recognition to?

The 73rd Amendment Act of 1992 gave constitutional recognition to the panchayats (rural local governments) by adding a new Part IX and a new Schedule 11.

101. What did the 74th Amendment Act of 1992 give constitutional recognition to?

The 74th Amendment Act of 1992 gave constitutional recognition to the municipalities (urban local governments) by adding a new Part IX-A and a new Schedule 12.

102. What is the seventeenth salient feature of the Constitution?

The seventeenth salient feature is Co-operative Societies.

103. What did the 97th Constitutional Amendment Act of 2011 give to co-operative societies?

The 97th Constitutional Amendment Act of 2011 gave a constitutional status and protection to co-operative societies.

104. What three changes were made in the Constitution by the 97th Constitutional Amendment Act of 2011 regarding co-operative societies?

1. It made the right to form co-operative societies a fundamental right (Article 19).
2. It included a new Directive Principle of State Policy on promotion of co-operative societies (Article 43-B).
3. It added a new Part IX-B in the Constitution entitled “The Co-operative Societies” (Articles 243-ZH to 243-ZT).

105. What is the purpose of the new Part IX-B?

The new Part IX-B contains various provisions to ensure that the co-operative societies in the country function in a democratic, professional, autonomous and economically sound manner.

106. What are the grounds on which the Constitution of India has been criticized?

The Constitution of India has been criticized on the following grounds:

1. A Borrowed Constitution
2. A Carbon Copy of the 1935 Act
3. Un-Indian or Anti-Indian
4. An Un-Gandhian Constitution
5. Elephantine Size
6. Paradise of the Lawyers

107. Why was the Indian Constitution criticized as ‘A Borrowed Constitution’?

Critics opined that the Indian Constitution contains nothing new and original, describing it as a ‘borrowed Constitution’ or a ‘bag of borrowings’.

108. How did Dr. B.R. Ambedkar respond to the criticism of the Constitution being a ‘Borrowed Constitution’?

Dr. B.R. Ambedkar stated that there is nothing to be ashamed of in borrowing, as the scope and fundamentals of a Constitution are settled globally, and new things are variations to remove faults and accommodate needs.

109. Why was the Constitution criticized as ‘A Carbon Copy of the 1935 Act’?

Critics said that the framers included a large number of provisions from the Government of India Act of 1935, calling it a “Carbon Copy of the 1935 Act” or an “Amended Version of the 1935 Act”.

110. What did N. Srinivasan observe about the Indian Constitution?

N. Srinivasan observed that the Indian Constitution is “both in language and substance a close copy of the Act of 1935”.

111. What did Sir Ivor Jennings say about the Indian Constitution’s relation to the 1935 Act?

Sir Ivor Jennings said that “the Constitution derives directly from the Government of India Act of 1935 from which, in fact, many of its provisions are copied almost textually”.

112. What did P.R. Deshmukh comment about the Constitution?

P.R. Deshmukh commented that “the Constitution is essentially the Government of India Act of 1935 with only adult franchise added”.

113. Why was the Indian Constitution criticized as ‘Un-Indian or Anti-Indian’?

Critics argued that it does not reflect the political traditions and spirit of India, making it unsuitable or unworkable for the Indian situation.

114. What did K. Hanumanthaiya comment about the music of the Constitution?

K. Hanumanthaiya commented: “We wanted the music of Veena or Sitar, but here we have the music of an English band.”

115. What did Lokanath Misra criticize the Constitution as?

Lokanath Misra criticized the Constitution as a “slavish imitation of the west, much more – a slavish surrender to the west”.

116. What did Lakshminarayan Sahu observe about the ideals of the Constitution?

Lakshminarayan Sahu observed: “The ideals on which this draft Constitution is framed have no manifest relation to the fundamental spirit of India.”

117. Why was the Indian Constitution criticized as ‘An Un-Gandhian Constitution’?

Critics opined that it does not contain the philosophy and ideals of Mahatma Gandhi, arguing it should have been built upon village panchayats and district panchayats.

118. What did K. Hanumanthaiya say about Mahatma Gandhi’s vision for the Constitution?

K. Hanumanthaiya said: “That is exactly the kind of Constitution Mahatma Gandhi did not want and did not envisage”.

119. What did T. Prakasam attribute the lapse of Gandhian ideals in the Constitution to?

T. Prakasam attributed this lapse to Ambedkar’s non-participation in the Gandhian movement and antagonism towards Gandhian ideas.

120. Why was the Indian Constitution criticized for its ‘Elephantine Size’?

Critics stated that it is too bulky and too detailed, containing unnecessary elements.

121. What did Sir Ivor Jennings observe about the provisions of the Indian Constitution?

Sir Ivor Jennings observed that the provisions borrowed were not always well-selected and that the constitution, generally speaking, was too long and complicated.

122. What did H.V. Kamath comment about the size of the Constitution?

H.V. Kamath commented: “The emblem and the crest that we have selected for our assembly is an elephant. It is perhaps in consonance with that our constitution too is the bulkiest that the world has produced”.

123. Why was the Indian Constitution criticized as a ‘Paradise of the Lawyers’?

Critics argued that its legalistic and complicated language makes it a complex document, calling it a “lawyer’s paradise”.

124. What did H.K. Maheswari observe about the draft of the Constitution?

H.K. Maheswari observed: “The draft tends to make people more litigious, more inclined to go to law courts, less truthful and less likely to follow the methods of truth and non-violence. If I may say so, the draft is really a lawyer’s paradise.”

125. What did P.R. Deshmukh say about the draft of the articles?

P.R. Deshmukh said: “the draft of the articles that have been brought before the House by Dr. Ambedkar seems to my mind to be far too ponderous like the ponderous tomes of a law manual.”

126. What does Part I of the Constitution deal with?

The Union and its territory.

127. What articles are covered under Part I?

Articles 1 to 4.

128. What does Part II of the Constitution deal with?

Citizenship.

129. What articles are covered under Part II?

Articles 5 to 11.

130. What does Part III of the Constitution deal with?

Fundamental Rights.

131. What articles are covered under Part III?

Articles 12 to 35.

132. What does Part IV of the Constitution deal with?

Directive Principles of State Policy.

133. What articles are covered under Part IV?

Articles 36 to 51.

134. What does Part IV-A of the Constitution deal with?

Fundamental Duties.

135. What articles are covered under Part IV-A?

Article 51-A.

136. What does Part V of the Constitution deal with?

The Union Government.

137. What articles are covered under Part V?

Articles 52 to 151.

138. What does Chapter I of Part V deal with?

The Executive.

139. What articles are covered under Chapter I of Part V?

Articles 52 to 78.

140. What does Chapter II of Part V deal with?

Parliament.

141. What articles are covered under Chapter II of Part V?

Articles 79 to 122.

142. What does Chapter III of Part V deal with?

Legislative Powers of President.

143. What articles are covered under Chapter III of Part V?

Article 123.

144. What does Chapter IV of Part V deal with?

The Union Judiciary.

145. What articles are covered under Chapter IV of Part V?

Articles 124 to 147.

146. What does Chapter V of Part V deal with?

Comptroller and Auditor-General of India.

147. What articles are covered under Chapter V of Part V?

Articles 148 to 151.

148. What does Part VI of the Constitution deal with?

The State Governments.

149. What articles are covered under Part VI?

Articles 152 to 237.

150. What does Chapter I of Part VI deal with?

General.

151. What articles are covered under Chapter I of Part VI?

Article 152.

152. What does Chapter II of Part VI deal with?

The Executive.

153. What articles are covered under Chapter II of Part VI?

Articles 153 to 167.

154. What does Chapter III of Part VI deal with?

The State Legislature.

155. What articles are covered under Chapter III of Part VI?

Articles 168 to 212.

156. What does Chapter IV of Part VI deal with?

Legislative Powers of Governor.

157. What articles are covered under Chapter IV of Part VI?

Article 213.

158. What does Chapter V of Part VI deal with?

The High Courts.

159. What articles are covered under Chapter V of Part VI?

Articles 214 to 232.

160. What does Chapter VI of Part VI deal with?

Subordinate Courts.

161. What articles are covered under Chapter VI of Part VI?

Articles 233 to 237.

162. What does Part VII of the Constitution deal with?

The States in Part B of the First Schedule (deleted).

163. What articles are covered under Part VII?

Article 238 (deleted).

164. What does Part VIII of the Constitution deal with?

The Union Territories.

165. What articles are covered under Part VIII?

Articles 239 to 242.

166. What does Part IX of the Constitution deal with?

The Panchayats.

167. What articles are covered under Part IX?

Articles 243 to 243-O.

168. What does Part IX-A of the Constitution deal with?

The Municipalities.

169. What articles are covered under Part IX-A?

Articles 243-P to 243-ZG.

170. What does Part IX-B of the Constitution deal with?

The Co-operative Societies.

171. What articles are covered under Part IX-B?

Articles 243-ZH to 243-ZT.

172. What does Part X of the Constitution deal with?

The Scheduled and Tribal Areas.

173. What articles are covered under Part X?

Articles 244 to 244-A.

174. What does Part XI of the Constitution deal with?

Relations between the Union and the States.

175. What articles are covered under Part XI?

Articles 245 to 263.

176. What does Chapter I of Part XI deal with?

Legislative Relations.

177. What articles are covered under Chapter I of Part XI?

Articles 245 to 255.

178. What does Chapter II of Part XI deal with?

Administrative Relations.

179. What articles are covered under Chapter II of Part XI?

Articles 256 to 263.

180. What does Part XII of the Constitution deal with?

Finance, Property, Contracts and Suits.

181. What articles are covered under Part XII?

Articles 264 to 300-A.

182. What does Chapter I of Part XII deal with?

Finance.

183. What articles are covered under Chapter I of Part XII?

Articles 264 to 291.

184. What does Chapter II of Part XII deal with?

Borrowing.

185. What articles are covered under Chapter II of Part XII?

Articles 292 to 293.

186. What does Chapter III of Part XII deal with?

Property, Contracts, Rights, Liabilities, Obligations and Suits.

187. What articles are covered under Chapter III of Part XII?

Articles 294 to 300.

188. What does Chapter IV of Part XII deal with?

Right to Property.

189. What articles are covered under Chapter IV of Part XII?

Article 300-A.

190. What does Part XIII of the Constitution deal with?

Trade, Commerce and Intercourse within the Territory of India.

191. What articles are covered under Part XIII?

Articles 301 to 307.

192. What does Part XIV of the Constitution deal with?

Services under the Union and the States.

193. What articles are covered under Part XIV?

Articles 308 to 323.

194. What does Chapter I of Part XIV deal with?

Services.

195. What articles are covered under Chapter I of Part XIV?

Articles 308 to 314.

196. What does Chapter II of Part XIV deal with?

Public Service Commissions.

197. What articles are covered under Chapter II of Part XIV?

Articles 315 to 323.

198. What does Part XIV-A of the Constitution deal with?

Tribunals.

199. What articles are covered under Part XIV-A?

Articles 323-A to 323-B.

200. What does Part XV of the Constitution deal with?

Elections.

201. What articles are covered under Part XV?

Articles 324 to 329-A.

202. What does Part XVI of the Constitution deal with?

Special Provisions relating to Certain Classes.

203. What articles are covered under Part XVI?

Articles 330 to 342-A.

204. What does Part XVII of the Constitution deal with?

Official Language.

205. What articles are covered under Part XVII?

Articles 343 to 351.

206. What does Chapter I of Part XVII deal with?

Language of the Union.

207. What articles are covered under Chapter I of Part XVII?

Articles 343 to 344.

208. What does Chapter II of Part XVII deal with?

Regional Languages.

209. What articles are covered under Chapter II of Part XVII?

Articles 345 to 347.

210. What does Chapter III of Part XVII deal with?

Language of the Supreme Court, High Courts, and so on.

211. What articles are covered under Chapter III of Part XVII?

Articles 348 to 349.

212. What does Chapter IV of Part XVII deal with?

Special Directives.

213. What articles are covered under Chapter IV of Part XVII?

Articles 350 to 351.

214. What does Part XVIII of the Constitution deal with?

Emergency Provisions.

215. What articles are covered under Part XVIII?

Articles 352 to 360.

216. What does Part XIX of the Constitution deal with?

Miscellaneous.

217. What articles are covered under Part XIX?

Articles 361 to 367.

218. What does Part XX of the Constitution deal with?

Amendment of the Constitution.

219. What articles are covered under Part XX?

Article 368.

220. What does Part XXI of the Constitution deal with?

Temporary, Transitional and Special Provisions.

221. What articles are covered under Part XXI?

Articles 369 to 392.

222. What does Part XXII of the Constitution deal with?

Short title, Commencement, Authoritative Text in Hindi and Repeals.

223. What articles are covered under Part XXII?

Articles 393 to 395.

224. Which Part of the Constitution was deleted by the 7th Amendment Act (1956)?

Part VII (dealing with Part-B states) was deleted by the 7th Amendment Act (1956).

225. Which Parts were added by the 42nd Amendment Act (1976)?

Part IV-A and Part XIV-A were added by the 42nd Amendment Act (1976).

226. Which Part was added by the 74th Amendment Act (1992)?

Part IX-A was added by the 74th Amendment Act (1992).

227. Which Part was added by the 97th Amendment Act (2011)?

Part IX-B was added by the 97th Amendment Act (2011).

228. What does Article 1 deal with?

Name and territory of the Union.

229. What does Article 3 deal with?

Formation of new states and alteration of areas, boundaries or names of existing states.

230. What does Article 13 deal with?

Laws inconsistent with or in derogation of the fundamental rights.

231. What does Article 14 deal with?

Equality before law.

232. What does Article 15 deal with?

Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.

233. What does Article 16 deal with?

Equality of opportunity in matters of public employment.

234. What does Article 17 deal with?

Abolition of untouchability.

235. What does Article 19 deal with?

Protection of certain rights regarding freedom of speech, etc.

236. What does Article 21 deal with?

Protection of life and personal liberty.

237. What does Article 21A deal with?

Right to elementary education.

238. What does Article 25 deal with?

Freedom of conscience and free profession, practice and propagation of religion.

239. What does Article 30 deal with?

Right of minorities to establish and administer educational institutions.

240. What does Article 32 deal with?

Remedies for enforcement of fundamental rights including writs.

241. What does Article 38 deal with?

State to secure a social order for the promotion of welfare of the people.

242. What does Article 40 deal with?

Organisation of village panchayats.

243. What does Article 44 deal with?

Uniform civil code for the citizens.

244. What does Article 45 deal with?

Provision for early childhood care and education to children below the age of 6 years.

245. What does Article 46 deal with?

Promotion of educational and economic interests of scheduled castes, scheduled tribes and other weaker sections.

246. What does Article 50 deal with?

Separation of judiciary from executive.

247. What does Article 51 deal with?

Promotion of international peace and security.

248. What does Article 51A deal with?

Fundamental duties.

249. What does Article 72 deal with?

Power of president to grant pardons, etc., and to suspend, remit or commute sentences in certain cases.

250. What does Article 74 deal with?

Council of ministers to aid and advise the president.

251. What does Article 110 deal with?

Definition of Money Bills.

252. What does Article 112 deal with?

Annual financial statement (Budget).

253. What does Article 123 deal with?

Power of president to promulgate ordinances during recess of Parliament.

254. What does Article 143 deal with?

Power of president to consult Supreme Court.

255. What does Article 155 deal with?

Appointment of governor.

256. What does Article 161 deal with?

Power of governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases.

257. What does Article 163 deal with?

Council of ministers to aid and advise the governor.

258. What does Article 169 deal with?

Abolition or creation of legislative councils in states.

259. What does Article 200 deal with?

Assent to bills by governor (including reservation for President).

260. What does Article 213 deal with?

Power of governor to promulgate ordinances during recess of the state legislature.

261. What does Article 226 deal with?

Power of high courts to issue certain writs.

262. What does Article 239AA deal with?

Special provisions with respect to Delhi.

263. What does Article 249 deal with?

Power of Parliament to legislate with respect to a matter in the State List in the national interest.

264. What does Article 262 deal with?

Adjudication of disputes relating to waters of inter-state rivers or river valleys.

265. What does Article 263 deal with?

Provisions with respect to an inter-state council.

266. What does Article 275 deal with?

Grants from the Union to certain states.

267. What does Article 279A deal with?

Goods and Services Tax Council.

268. What does Article 280 deal with?

Finance Commission.

269. What does Article 300 deal with?

Suits and proceedings.

270. What does Article 300A deal with?

Persons not to be deprived of property save by authority of law (Right to property).

271. What does Article 311 deal with?

Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a state.

272. What does Article 312 deal with?

All-India Services.

273. What does Article 315 deal with?

Public service commissions for the Union and for the states.

274. What does Article 320 deal with?

Functions of Public service commissions.

275. What does Article 323-A deal with?

Administrative tribunals.

276. What does Article 324 deal with?

Superintendence, direction and control of elections to be vested in an Election Commission.

277. What does Article 330 deal with?

Reservation of seats for scheduled castes and scheduled tribes in the House of the People.

278. What does Article 335 deal with?

Claims of scheduled castes and scheduled tribes to services and posts.

279. What does Article 352 deal with?

Proclamation of Emergency (National Emergency).

280. What does Article 356 deal with?

Provisions in case of failure of constitutional machinery in states (President’s Rule).

281. What does Article 360 deal with?

Provisions as to financial emergency.

282. What does Article 365 deal with?

Effect of failure to comply with, or to give effect to, directions given by the Union (President’s Rule).

283. What does Article 368 deal with?

Power of Parliament to amend the Constitution and procedure therefor.

284. What does the First Schedule of the Constitution deal with?

Names of the States and their territorial jurisdiction (Articles 1 and 4) and Names of the Union Territories and their extent.

285. What does the Second Schedule of the Constitution deal with?

Provisions relating to the emoluments, allowances, privileges and so on of:

1. The President of India
2. The Governors of States
3. The Speaker and the Deputy Speaker of the Lok Sabha
4. The Chairman and the Deputy Chairman of the Rajya Sabha
5. The Speaker and the Deputy Speaker of the Legislative Assembly in the states
6. The Chairman and the Deputy Chairman of the Legislative Council in the states
7. The Judges of the Supreme Court
8. The Judges of the High Courts
9. The Comptroller and Auditor-General of India

286. What does the Third Schedule of the Constitution deal with?

Forms of Oaths or Affirmations for:

1. The Union ministers
2. The candidates for election to the Parliament
3. The members of Parliament
4. The judges of the Supreme Court
5. The Comptroller and Auditor-General of India
6. The state ministers
7. The candidates for election to the state legislature
8. The members of the state legislature
9. The judges of the High Courts

287. What does the Fourth Schedule of the Constitution deal with?

Allocation of seats in the Rajya Sabha to the states and the union territories (Articles 4 and 80).

288. What does the Fifth Schedule of the Constitution deal with?

Provisions relating to the administration and control of scheduled areas and scheduled tribes (Article 244).

289. What does the Sixth Schedule of the Constitution deal with?

Provisions relating to the administration of tribal areas in the states of Assam, Meghalaya, Tripura and Mizoram (Articles 244 and 275).

290. What does the Seventh Schedule of the Constitution deal with?

Division of powers between the Union and the States in terms of List I (Union List), List II (State List) and List III (Concurrent List) (Article 246).

291. What are the current numbers of subjects in the Union List, State List, and Concurrent List?

Presently, the Union List contains 98 subjects (originally 97), the State List contains 59 subjects (originally 66) and the Concurrent List contains 52 subjects (originally 47).

292. What does the Eighth Schedule of the Constitution deal with?

Languages recognized by the Constitution (Articles 344 and 351).

293. How many languages were originally recognized by the Constitution, and how many are there presently?

Originally, it had 14 languages but presently there are 22 languages.

294. Which Amendment Acts added the new languages to the Eighth Schedule?

Sindhi was added by the 21st Amendment Act of 1967; Konkani, Manipuri and Nepali were added by the 71st Amendment Act of 1992; and Bodo, Dongri, Maithili and Santhali were added by the 92nd Amendment Act of 2003. Oriya was renamed as ‘Odia’ by the 96th Amendment Act of 2011.

295. What does the Ninth Schedule of the Constitution deal with?

Acts and Regulations of the state legislatures dealing with land reforms and abolition of the zamindari system and of the Parliament dealing with other matters (Article 31-B).

296. How many acts and regulations were originally in the Ninth Schedule, and how many are there presently?

Originally 13, but presently 282.

297. When was the Ninth Schedule added to the Constitution, and for what purpose?

This schedule was added by the 1st Amendment (1951) to protect the laws included in it from judicial review on the ground of violation of fundamental rights.

298. What did the Supreme Court rule regarding laws included in the Ninth Schedule after April 24, 1973?

The Supreme Court ruled that the laws included in this schedule after April 24, 1973, are open to judicial review.

299. What does the Tenth Schedule of the Constitution deal with?

Provisions relating to disqualification of the members of Parliament and State Legislatures on the ground of defection (Articles 102 and 191).

300. When was the Tenth Schedule added to the Constitution, and what is it also known as?

This schedule was added by the 52nd Amendment Act of 1985, also known as Anti-defection Law.

301. What does the Eleventh Schedule of the Constitution deal with?

Specifies the powers, authority and responsibilities of Panchayats (Article 243-G).

302. How many matters does the Eleventh Schedule have?

It has 29 matters.

303. When was the Eleventh Schedule added to the Constitution?

This schedule was added by the 73rd Amendment Act of 1992.

304. What does the Twelfth Schedule of the Constitution deal with?

Specifies the powers, authority and responsibilities of Municipalities (Article 243-W).

305. How many matters does the Twelfth Schedule have?

It has 18 matters.

306. When was the Twelfth Schedule added to the Constitution?

This schedule was added by the 74th Amendment Act of 1992.

307. What are the features borrowed from the Government of India Act of 1935?

Federal Scheme, Office of Governor, Judiciary, Public Service Commissions, Emergency provisions, Advisory Jurisdiction of the Supreme Court and administrative details.

308. What are the features borrowed from the British Constitution?

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

309. What are the features borrowed from the US Constitution?

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

310. What are the features borrowed from the Irish Constitution?

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

311. What are the features borrowed from the Canadian Constitution?

Federation with a strong Centre, vesting of residuary powers in the Centre and appointment of state governors by the Centre.

312. What are the features borrowed from the Australian Constitution?

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

313. What are the features borrowed from the Weimar Constitution of Germany?

Emergency provisions relating to suspension of Fundamental Rights.

314. What are the features borrowed from the Soviet Constitution (USSR, now Russia)?

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

315. What are the features borrowed from the French Constitution?

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

316. What are the features borrowed from the South African Constitution?

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

317. What are the features borrowed from the Japanese Constitution?

Procedure established by Law.

318. What case is Kesavananda Bharati vs. State of Kerala?

Kesavananda Bharati vs. State of Kerala, (1973).

319. How many Articles did the American Constitution originally consist of?

The American Constitution originally consisted of only 7 Articles.

320. How many Articles did the Australian Constitution originally consist of?

The Australian Constitution originally consisted of 128 Articles.

321. How many Articles did the Chinese Constitution originally consist of?

The Chinese Constitution originally consisted of 138 Articles.

322. How many Articles did the Canadian Constitution originally consist of?

The Canadian Constitution originally consisted of 147 Articles.

323. How many provisions of the 1935 Act have been included in the Constitution?

About 250 provisions of the 1935 Act have been included in the Constitution.

324. What did P.M. Bakshi write in The Constitution of India?

P.M. Bakshi, The Constitution of India, Universal, Fifth Edition, 2002, p. 4.

325. What did Brij Kishore Sharma write in Introduction to the Constitution of India?

Brij Kishore Sharma, Introduction to the Constitution of India, Seventh Edition, 2015, PHI Learning Private Limited, p. 42.

326. What is Westminster a symbol/synonym of?

Westminster is a place in London where the British Parliament is located. It is often used as a symbol/synonym of the British Parliament.

327. What case is Minerva Mills vs. Union of India?

Minerva Mills vs. Union of India, (1980).

328. What did the 1909, 1919, and 1935 Acts provide for?

The 1909, 1919, and 1935 Acts provided for communal representation.

329. When was the right to vote extended to women in the USA, Britain, USSR, France, Italy, and Switzerland?

USA in 1920, Britain in 1928, USSR (now Russia) in 1936, France in 1945, Italy in 1948 and Switzerland in 1971.

330. What are the three All-India services at present?

At present, there are three All-India services, namely Indian Administrative Service (IAS), Indian Police Service (IPS) and Indian Forest Service (IFoS).

331. When was the Indian Forest Service (IFoS) created?

In 1963, IFoS was created and it came into existence in 1966.

332. What did the 44th Amendment Act (1978) replace the original term ‘internal disturbance’ with?

The 44th Amendment Act (1978) has replaced the original term ‘internal disturbance’ by the new term ‘armed rebellion’.

333. What case is Kesavananda Bharati vs. State of Kerala?

Kesavananda Bharati vs. State of Kerala (1973).

Chapter 5: Preamble of the Constitution

1. Which country’s Constitution was the first to begin with a Preamble?

The American Constitution was the first to begin with a Preamble.

2. What does the term ‘preamble’ refer to?

The term ‘preamble’ refers to the introduction or preface to the Constitution.

3. What does the Preamble contain?

It contains the summary or essence of the Constitution.

4. Who called the Preamble the ‘identity card of the Constitution’?

N.A. Palkhivala, an eminent jurist and constitutional expert, called the Preamble as the ‘identity card of the Constitution’.

5. What is the Preamble to the Indian Constitution based on?

The Preamble to the Indian Constitution is based on the ‘Objectives Resolution’, drafted and moved by Pandit Nehru.

6. When was the Preamble amended, and what three new words were added?

It has been amended by the 42nd Constitutional Amendment Act (1976), which added three new words —Socialist, Secular and Integrity.

7. What is the present form of the Preamble?

“We, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens: JUSTICE, Social, Economic and Political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among them all; FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation; IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION”.

8. What are the four ingredients or components revealed by the Preamble?

1. Source of authority of the Constitution: The Preamble states that the Constitution derives its authority from the people of India.
2. Nature of the Indian State: It declares India to be of a sovereign, socialist, secular democratic and republican polity.
3. Objectives of the Constitution: It specifies justice, liberty, equality and fraternity as the objectives.
4. Date of adoption of the Constitution: It stipulates November 26, 1949, as the date.

9. What are the key words explained in the Preamble?

Certain key words—Sovereign, Socialist, Secular, Democratic, Republic, Justice, Liberty, Equality and Fraternity.

10. What does the word ‘sovereign’ imply for India?

The word ‘sovereign’ implies that India is neither a dependency nor a dominion of any other nation, but an independent state. There is no authority above it, and it is free to conduct its own affairs (both internal and external).

11. What was India’s declaration in 1949 regarding its membership of the Commonwealth of Nations?

Though in 1949, India declared the continuation of her full membership of the Commonwealth of Nations and accepted the British Crown as the head of the Commonwealth.

12. Does India’s membership in the Commonwealth of Nations or the United Nations Organisation (UNO) affect its sovereignty?

No, this extra-constitutional declaration does not affect India’s sovereignty in any manner, nor does India’s membership of the United Nations Organisation (UNO) constitute a limitation on her sovereignty.

13. As a sovereign state, what can India do regarding foreign territory?

Being a sovereign state, India can either acquire a foreign territory or cede a part of its territory in favour of a foreign state.

14. When was the term ‘socialist’ added to the Constitution, and by which amendment?

Even before the term ‘socialist’ was added by the 42nd Amendment in 1976.

15. What did the Congress party adopt in its Avadi session in 1955 regarding socialism?

The Congress party itself adopted a resolution to establish a ‘socialistic pattern of society’ in its Avadi session as early as in 1955.

16. What kind of socialism is the Indian brand?

The Indian brand of socialism is a ‘democratic socialism’ and not a ‘communistic socialism’.

17. What does democratic socialism in India hold faith in?

Democratic socialism holds faith in a ‘mixed economy’ where both public and private sectors co-exist side-by-side.

18. What does the Supreme Court say about the aim of ‘Democratic socialism’?

As the Supreme Court says, ‘Democratic socialism aims to end poverty, ignorance, disease and inequality of opportunity’.

19. What is Indian socialism a blend of?

Indian socialism is a blend of Marxism and Gandhism, leaning heavily towards the Gandhian socialism.

20. How has the new Economic Policy (1991) affected the socialist credentials of the Indian State?

The new Economic Policy (1991) of liberalisation, privatisation and globalisation has, however, diluted the socialist credentials of the Indian State.

21. When was the term ‘secular’ added to the Constitution, and by which amendment?

The term ‘secular’ too was added by the 42nd Constitutional Amendment Act of 1976.

22. What did the Supreme Court say in 1974 regarding the Constitution-makers’ intention for a secular state?

As the Supreme Court said in 1974, although the words ‘secular state’ were not expressly mentioned in the Constitution, there can be no doubt that Constitution-makers wanted to establish such a state.

23. What concept of secularism does the Indian Constitution embody?

The Indian Constitution embodies the positive concept of secularism, i.e, all religions in our country (irrespective of their strength) have the same status and support from the state.

24. What does a democratic polity, as stipulated in the Preamble, base its power on?

A democratic polity, as stipulated in the Preamble, is based on the doctrine of popular sovereignty, that is, possession of supreme power by the people.

25. What are the two types of democracy?

Democracy is of two types—direct and indirect.

26. What is direct democracy, and what are its four devices?

In direct democracy, the people exercise their supreme power directly as is the case in Switzerland. There are four devices: Referendum, Initiative, Recall and Plebiscite.

27. What is indirect democracy?

In indirect democracy, the representatives elected by the people exercise the supreme power and thus carry on the government and make the laws.

28. What are the two kinds of representative democracy?

This type of democracy is of two kinds—parliamentary and presidential.

29. What kind of democracy does the Indian Constitution provide for?

The Indian Constitution provides for representative parliamentary democracy.

30. What are the manifestations of the democratic character of the Indian polity?

Universal adult franchise, periodic elections, rule of law, independence of judiciary, and absence of discrimination on certain grounds.

31. What does the term ‘democratic’ in the Preamble embrace in a broader sense?

The term ‘democratic’ is used in the Preamble in the broader sense embracing not only political democracy but also social and economic democracy.

32. What did Dr. Ambedkar stress in his concluding speech about political and social democracy?

Dr. Ambedkar stressed that “Political democracy cannot last unless there lies at the base of it social democracy.”

33. What are the two categories a democratic polity can be classified into?

A democratic polity can be classified into two categories—monarchy and republic.

34. What is a monarchy?

In a monarchy, the head of the state (usually king or queen) enjoys a hereditary position, coming to office through succession, e.g., Britain.

35. What is a republic?

In a republic, the head of the state is always elected directly or indirectly for a fixed period, e.g., USA.

36. What does the term ‘republic’ in our Preamble indicate?

The term ‘republic’ in our Preamble indicates that India has an elected head called the president, who is elected indirectly for a fixed period of five years.

37. What two additional things does a republic mean?

A republic also means two more things: one, vesting of political sovereignty in the people and not in a single individual like a king; second, the absence of any privileged class and hence all public offices being opened to every citizen without any discrimination.

38. What three distinct forms of ‘justice’ does the Preamble embrace?

The term ‘justice’ in the Preamble embraces three distinct forms—social, economic and political.

39. What does social justice denote?

Social justice denotes the equal treatment of all citizens without any social distinction based on caste, colour, race, religion, sex and so on.

40. What does economic justice denote?

Economic justice denotes the non-discrimination between people on the basis of economic factors. It involves the elimination of glaring inequalities in wealth, income and property.

41. What does a combination of social justice and economic justice denote?

A combination of social justice and economic justice denotes what is known as ‘distributive justice’.

42. What does political justice imply?

Political justice implies that all citizens should have equal political rights, equal access to all political offices and equal voice in the government.

43. From where has the ideal of justice—social, economic and political—been taken?

The ideal of justice—social, economic and political—has been taken from the Russian Revolution (1917).

44. What does the term ‘liberty’ mean?

The term ‘liberty’ means the absence of restraints on the activities of individuals, and at the same time, providing opportunities for the development of individual personalities.

45. How does the Preamble secure liberty to all citizens of India?

The Preamble secures to all citizens of India liberty of thought, expression, belief, faith and worship, through their Fundamental Rights, enforceable in court of law, in case of violation.

46. What are the ideals of liberty, equality and fraternity in our Preamble taken from?

The ideals of liberty, equality and fraternity in our Preamble have been taken from the French Revolution (1789–1799).

47. What does the term ‘equality’ mean?

The term ‘equality’ means the absence of special privileges to any section of the society, and the provision of adequate opportunities for all individuals without any discrimination.

48. What dimensions of equality does the Preamble embrace?

This provision embraces three dimensions of equality—civic, political and economic.

49. What are the provisions in the chapter on Fundamental Rights that ensure civic equality?

1. Equality before the law (Article 14).
2. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth (Article 15).
3. Equality of opportunity in matters of public employment (Article 16).
4. Abolition of untouchability (Article 17).
5. Abolition of titles (Article 18).

50. What are the two provisions in the Constitution that seek to achieve political equality?

1. No person is to be declared ineligible for inclusion in electoral rolls on grounds of religion, race, caste or sex (Article 325).
2. Elections to the Lok Sabha and the state assemblies to be on the basis of adult suffrage (Article 326).

51. What does Article 39 secure to men and women?

The Directive Principles of State Policy (Article 39) secures to men and women equal right to an adequate means of livelihood and equal pay for equal work.

52. What does Fraternity mean?

Fraternity means a sense of brotherhood.

53. How does the Constitution promote fraternity?

The Constitution promotes this feeling of fraternity by the system of single citizenship and the Fundamental Duties (Article 51-A).

54. What two things does the Preamble declare fraternity has to assure?

The Preamble declares that fraternity has to assure two things—the dignity of the individual and the unity and integrity of the nation.

55. What word was added to the Preamble by the 42nd Constitutional Amendment (1976)?

The word ‘integrity’ has been added to the preamble by the 42nd Constitutional Amendment (1976).

56. What does K.M. Munshi say the phrase ‘dignity of the individual’ signifies?

According to K.M. Munshi, the phrase ‘dignity of the individual’ signifies that the Constitution not only ensures material betterment and maintains a democratic set-up, but that it also recognises that the personality of every individual is sacred.

57. What does the phrase ‘unity and integrity of the nation’ embrace?

The phrase ‘unity and integrity of the nation’ embraces both the psychological and territorial dimensions of national integration.

58. What is the significance of the Preamble?

The Preamble embodies the basic philosophy and fundamental values—political, moral and religious—on which the Constitution is based. It contains the grand and noble vision of the Constituent Assembly, and reflects the dreams and aspirations of the founding fathers of the Constitution.

59. What did Sir Alladi Krishnaswami Iyer say about the Preamble?

In the words of Sir Alladi Krishnaswami Iyer, ‘The Preamble to our Constitution expresses what we had thought or dreamt so long’.

60. What did K.M. Munshi call the Preamble?

According to K.M. Munshi, the Preamble is the ‘horoscope of our sovereign democratic republic’.

61. What did Pandit Thakur Das Bhargava say about the importance of the Preamble?

Pandit Thakur Das Bhargava said: ‘The Preamble is the most precious part of the Constitution. It is the soul of the Constitution. It is a key to the Constitution. It is a jewel set in the Constitution. It is a proper yardstick with which one can measure the worth of the Constitution’.

62. What did Sir Ernest Barker describe the Preamble as?

Sir Ernest Barker described the Preamble as the ‘key-note’ to the Constitution.

63. What did M. Hidayatullah observe about the Preamble?

M. Hidayatullah, a former Chief Justice of India, observed, ‘Preamble resembles the Declaration of Independence of the United States of America, but is more than a declaration. It is the soul of our Constitution, which lays down the pattern of our political society. It contains a solemn resolve, which nothing but a revolution can alter’.

64. What was the controversy about the Preamble?

One of the controversies about the Preamble is as to whether it is a part of the Constitution or not.

65. What did the Supreme Court say in the Berubari Union case (1960) regarding the Preamble?

In the Berubari Union case (1960), the Supreme Court said that the Preamble shows the general purposes behind the several provisions in the Constitution, and is thus a key to the minds of the makers of the Constitution. However, it specifically opined that Preamble is not a part of the Constitution.

66. What did the Supreme Court hold in the Kesavananda Bharati case (1973) regarding the Preamble?

In the Kesavananda Bharati case (1973), the Supreme Court rejected the earlier opinion and held that Preamble is a part of the Constitution.

67. What did the Supreme Court hold in the LIC of India case (1995) regarding the Preamble?

In the LIC of India case (1995) also, the Supreme Court again held that the Preamble is an integral part of the Constitution.

68. Why was the Preamble inserted at the end by the Constituent Assembly?

The reason for inserting the Preamble at the end was to ensure that it was in conformity with the Constitution as adopted by the Constituent Assembly.

69. What are the two things to be noted about the Preamble?

1. The Preamble is neither a source of power to legislature nor a prohibition upon the powers of legislature.
2. It is non-justiciable, that is, its provisions are not enforceable in courts of law.

70. When did the question of amendability of the Preamble arise for the first time?

The question as to whether the Preamble can be amended under Article 368 of the Constitution arose for the first time in the historic Kesavananda Bharati case (1973).

71. What did the petitioner contend in the Kesavananda Bharati case regarding the Preamble’s amendability?

The petitioner contended that the Preamble cannot be amended as it is not a part of the Constitution, and that the amending power in Article 368 cannot be used to destroy or damage the basic elements or the fundamental features enshrined in the Preamble.

72. What did the Supreme Court hold in the Kesavananda Bharati case regarding the Preamble’s amendability?

The Supreme Court held that the Preamble is a part of the Constitution and can be amended, subject to the condition that no amendment is done to the ‘basic features’.

73. What did the Court observe regarding the basic elements of the Constitution?

The Court observed, ‘The edifice of our Constitution is based upon the basic elements mentioned in the Preamble. If any of these elements are removed, the structure will not survive and it will not be the same Constitution or it cannot maintain its identity. An amending power cannot be interpreted so as to confer power on the Parliament to take away any of these fundamental and basic characteristics of the polity’.

74. How many times has the Preamble been amended so far, and by which Act?

The Preamble has been amended only once so far, in 1976, by the 42nd Constitutional Amendment Act.

75. What three new words were added to the Preamble by the 42nd Constitutional Amendment Act?

The 42nd Constitutional Amendment Act added three new words—Socialist, Secular and Integrity—to the Preamble.

76. When was the Objectives Resolution moved by Nehru and adopted by the Constituent Assembly?

Moved by Nehru on December 13, 1946 and adopted by the Constituent Assembly on January 22, 1947.

77. What was India’s political status from August 15, 1947 to January 26, 1950?

From August 15, 1947 to January 26, 1950, India’s political status was that of a dominion in the British Commonwealth of Nations.

78. When did India cease to be a British dominion?

India ceased to be a British dominion on January 26, 1950, by declaring herself a sovereign republic.

79. When did Pakistan continue to be a British Dominion until?

Pakistan continued to be a British Dominion until 1956.

80. What did Pandit Nehru say in 1949 to dispel fears about India’s independence and alliance with another country?

Pandit Nehru said in 1949 that ‘It is well-known that it is open to any member-nation to go out of the commonwealth if it so chooses’.

81. When did India become a member of the UNO?

India became a member of the UNO in 1945.

82. What did the Congress Resolution state regarding the establishment of a socialistic pattern of society?

The Resolution said: ‘In order to realise the object of Congress and to further the objectives stated in the Preamble and Directive Principles of State Policy of the Constitution of India, planning should take place with a view to the establishment of a socialistic pattern of society, where the principal means of production are under social ownership or control, production is progressively speeded up and there is equitable distribution of the national wealth’.

83. What did Prime Minister Indira Gandhi say about India’s brand of socialism?

The Prime Minister, Indira Gandhi, said, ‘We have always said that we have our own brand of socialism. We will nationalise the sectors where we feel the necessity. Just nationalisation is not our type of socialism’.

84. What case is G.B. Pant University of Agriculture and Technology vs. State of Uttar Pradesh?

G.B. Pant University of Agriculture and Technology vs. State of Uttar Pradesh (2000).

85. What case is Nakara vs. Union of India?

Nakara vs. Union of India (1982).

86. What are the three types of states conceived on the basis of the attitude of the state towards religion?

1. Atheistic State: The state is anti-religion and hence, condemns all religions.
2. Theocratic State: The state is pro-religion and hence, declares one particular religion as the state religion, as for example, Bangladesh, Burma, Sri Lanka, Pakistan, and so on.
3. Secular State: The state is neutral in the matter of religion and hence, does not uphold any particular religion as the state religion, as for example, USA and India.

87. What did H.R. Gokhale define the concept of secularism as?

The then Union Law Minister, H.R. Gokhale defined this concept as: ‘There will be freedom, liberty of faith and worship, whatever religion you belong to. The State will not have anything to do, as a state, with any religion excepting to treat every religion equally, but the State will not have any foundation of religion’.

88. What did P.B. Gajendragadkar define secularism as in the Indian Constitution?

P.B. Gajendragadkar, a former Chief Justice of India, defined secularism as in the Indian Constitution in the following way: ‘The State does not owe loyalty to any particular religion as such: it is not irreligious or anti-religious; it gives equal freedom to all religions’.

89. From what two Greek words is the term ‘democracy’ derived?

The term ‘democracy’ is derived from two Greek words, namely, Demos and Kratia meaning ‘People’ and ‘rule’ respectively.

90. What is a Referendum?

Referendum is a procedure whereby a proposed legislation is referred to the electorate for settlement by their direct votes.

91. What is an Initiative?

Initiative is a method by means of which the people can propose a bill to the legislature for enactment.

92. What is a Recall?

Recall is a method by means of which the voters can remove a representative or an officer before the expiry of his term, when he fails to discharge his duties properly.

93. What is a Plebiscite?

Plebiscite is a method of obtaining the opinion of people on any issue of public importance. It is generally used to solve the territorial disputes.

94. What did B. Shiva Rao write about in The Framing of India’s Constitution: Select Documents, Volume IV?

B. Shiva Rao, The Framing of India’s Constitution: Select Documents, Volume IV, p. 944.

95. What did Sir Ernest Barker say the Preamble of the Indian Constitution states?

He said that the Preamble of the Indian Constitution states ‘in a brief and pithy form the argument of much of the book; and it may accordingly serve as a key-note’.

96. What did M Hidayatullah write about in Democracy in India and the Judicial Process?

M Hidayatullah, Democracy in India and the Judicial Process, p. 51.

97. What case is Reference by the President of India (1960)?

Reference by the President of India (1960) under Article 143 of the Constitution on the implementation of the Indo-Pakistan agreement of 1958, relating to Berubari union and exchange of enclaves.

98. What case is LIC of India vs. Consumer Education and Research Centre?

LIC of India vs. Consumer Education and Research Centre (1995).

99. What did Sir Ivor Jennings write about the Indian Constitution in Some Characteristics of the Indian Constitution?

Sir Ivor Jennings wrote: ‘A thread of nineteenth century liberalism runs through it; there are consequences of the political problems of Britain in it; there are relics of the bitter experience in opposition to British rule; and there is evidence of a desire to reform some of the social institutions which time and circumstances have developed in India. The result is a series of complex formulae, in twenty-four articles, some of them lengthy, which must become the basis of a vast and complicated case law’.

Chapter 6 Union and Its Territory

1. What articles and Part of the Constitution deal with the Union and its territory?

Articles 1 to 4 under Part-I of the Constitution deal with the Union and its territory.

2. How does Article 1 describe India?

Article 1 describes India, that is, Bharat as a ‘Union of States’ rather than a ‘Federation of States’.

3. What two things does this provision of Article 1 deal with?

This provision deals with two things: one, name of the country; and two, type of polity.

4. What was the Constituent Assembly’s decision regarding the name of the country?

There was no unanimity, so the Constituent Assembly adopted a mix of both (‘India, that is, Bharat’).

5. What are the two reasons given by Dr. B.R. Ambedkar for preferring ‘Union of States’ over ‘Federation of States’?

1. The Indian Federation is not the result of an agreement among the states like the American Federation.
2. The states have no right to secede from the federation.

6. What does the term ‘Union’ imply regarding the indestructibility of the federation?

The federation is a Union because it is indestructible.

7. How can the territory of India be classified according to Article 1?

According to Article 1, the territory of India can be classified into three categories:

1. Territories of the states
2. Union territories
3. Territories that may be acquired by the Government of India at any time.

8. Where are the names of states and union territories and their territorial extent mentioned?

The names of states and union territories and their territorial extent are mentioned in the First Schedule of the Constitution.

9. How many states and union territories are there at present in India?

At present, there are 28 states and 8 union territories.

10. What is the difference between ‘Territory of India’ and ‘Union of India’?

The ‘Territory of India’ is a wider expression than the ‘Union of India’ because the latter includes only states while the former includes not only the states, but also union territories and territories that may be acquired.

11. How are union territories and acquired territories administered?

The union territories and the acquired territories are directly administered by the Central government.

12. How can India, as a sovereign state, acquire foreign territories?

India can acquire foreign territories according to the modes recognised by international law, i.e., cession (following treaty, purchase, gift, lease or plebiscite), occupation (hitherto unoccupied by a recognised ruler), conquest or subjugation.

13. What does Article 2 empower the Parliament to do?

Article 2 empowers the Parliament to ‘admit into the Union of India, or establish, new states on such terms and conditions as it thinks fit’.

14. What two powers does Article 2 grant to the Parliament?

1. The power to admit into the Union of India new states.
2. The power to establish new states.

15. What is the difference between Article 2 and Article 3 regarding the formation of states?

Article 2 relates to the admission or establishment of new states that are not part of the Union of India. Article 3, on the other hand, relates to the formation of or changes in the existing states of the Union of India.

16. What does Article 3 authorise the Parliament to do regarding states?

Article 3 authorises the Parliament to:

1. form a new state by separation of territory from any state or by uniting two or more states or parts of states or by uniting any territory to a part of any state;
2. increase the area of any state;
3. diminish the area of any state;
4. alter the boundaries of any state; and
5. alter the name of any state.

17. What are the two conditions laid down by Article 3 for introducing a bill contemplating changes to states?

1. A bill contemplating the above changes can be introduced in the Parliament only with the prior recommendation of the President.
2. Before recommending the bill, the President has to refer the same to the state legislature concerned for expressing its views within a specified period.

18. Is the President (or Parliament) bound by the views of the state legislature regarding changes to states?

No, the President (or Parliament) is not bound by the views of the state legislature and may either accept or reject them.

19. What does the power of Parliament to form new states include?

The power of Parliament to form new states includes the power to form a new state or union territory by uniting a part of any state or union territory to any other state or union territory.

20. What is India rightly described as due to Parliament’s power to redraw the political map of India?

India is rightly described as ‘an indestructible union of destructible states’.

21. How does the territorial integrity of a state in USA compare to India?

In USA, the territorial integrity or continued existence of a state is guaranteed by the Constitution, unlike in India where the Union Government can destroy states.

22. What does Article 4 declare regarding laws made for admission or establishment of new states and alteration of existing states?

The Constitution (Article 4) itself declares that such laws are not to be considered as amendments of the Constitution under Article 368.

23. How can laws made under Articles 2 and 3 be passed?

Such laws can be passed by a simple majority and by the ordinary legislative process.

24. Does the power of Parliament to diminish the areas of a state (under Article 3) include the power to cede Indian territory to a foreign country?

No, the Supreme Court held that the power of Parliament to diminish the area of a state (under Article 3) does not cover cession of Indian territory to a foreign country.

25. How can Indian territory be ceded to a foreign state?

Indian territory can be ceded to a foreign state only by amending the Constitution under Article 368.

26. What Constitutional Amendment Act was enacted to transfer the Berubari Union territory to Pakistan?

Consequently, the 9th Constitutional Amendment Act (1960) was enacted to transfer the said territory to Pakistan.

27. What did the Supreme Court rule in 1969 regarding settlement of a boundary dispute?

The Supreme Court in 1969 ruled that, settlement of a boundary dispute between India and another country does not require a constitutional amendment. It can be done by executive action.

28. What Constitutional Amendment Act (2015) was enacted to give effect to the acquiring and transfer of territories with Bangladesh?

The 100th Constitutional Amendment Act (2015) was enacted to give effect to the acquiring of certain territories by India and transfer of certain other territories to Bangladesh.

29. What did this deal with Bangladesh involve?

Under this deal, India transferred 111 enclaves to Bangladesh, while Bangladesh transferred 51 enclaves to India. Additionally, it involved the transfer of adverse possessions and the demarcation of a 6.1 km undemarcated border stretch.

30. What was the Radcliffe Award of 1947?

The India-East Pakistan land boundary was determined as per the Radcliffe Award of 1947.

31. What was the Bagge Award of 1950?

Disputes arose out of some provisions in the Radcliffe Award, which were sought to be resolved through the Bagge Award of 1950.

32. What was the Nehru-Noon Agreement of 1958?

Another effort was made to settle these disputes by the Nehru-Noon Agreement of 1958.

33. Why could the Constitution (9th Amendment) Act, 1960 not be notified in respect of territories in former East Pakistan?

Due to continuous litigation and other political developments at that time, the Constitution (9th Amendment) Act, 1960 could not be notified in respect of territories in former East Pakistan (presently Bangladesh).

34. When was the Agreement between India and Bangladesh concerning the demarcation of the land boundary signed?

On May 16, 1974, the Agreement between India and Bangladesh concerning the demarcation of the land boundary and related matters was signed.

35. What were the two categories of political units in India at the time of independence?

At the time of independence, India comprised two categories: the British provinces (under direct British rule) and the princely states (under native princes subject to British paramountcy).

36. What three options did the Indian Independence Act (1947) give to the princely states?

The Indian Independence Act (1947) gave three options to the princely states: joining India, joining Pakistan or remaining independent.

37. How many princely states joined India, and how many refused to join?

Of the 552 princely states, 549 joined India and the remaining 3 (Hyderabad, Junagarh and Kashmir) refused.

38. How were Hyderabad, Junagarh, and Kashmir integrated into India?

Hyderabad by means of police action, Junagarh by means of referendum and Kashmir by the Instrument of Accession.

39. What was the four-fold classification of states and territories in the Constitution in 1950?

In 1950, the Constitution contained a four-fold classification: Part A, Part B and Part C states and Part D territories.

40. How many states and territories were there in total under this classification?

In all, they numbered 29.

41. What did Part A states comprise?

Part A states comprised nine erstwhile governor’s provinces of British India.

42. What did Part B states consist of?

Part B states consisted of nine erstwhile princely states with legislatures.

43. What did Part C states consist of, and how were they administered?

Part C states consisted of erstwhile chief commissioner’s provinces of British India and some of the erstwhile princely states (10 in number) and were centrally administered.

44. Which territory was kept as the solitary Part D territory?

The Andaman and Nicobar Islands were kept as the solitary Part D territories.

45. When was the Linguistic Provinces Commission appointed, and who was its chairman?

In June 1948, the Government of India appointed the Linguistic Provinces Commission under the chairmanship of S.K. Dhar.

46. What did the Dhar Commission recommend regarding the reorganisation of states?

The commission recommended the reorganisation of states on the basis of administrative convenience rather than linguistic factor.

47. What was the JVP Committee, and who were its members?

The JVP Committee was another Linguistic Provinces Committee appointed by the Congress in December 1948, consisting of Jawaharlal Nehru, Vallabhbhai Patel and Pattabhi Sitaramayya.

48. What did the JVP Committee’s report conclude regarding language as a basis for state reorganisation?

It formally rejected language as the basis for reorganisation of states.

49. When was the first linguistic state created in India, and what was its name?

In October 1953, the Government of India was forced to create the first linguistic state, known as Andhra state.

50. How was the Andhra state formed?

The Andhra state was formed by separating the Telugu speaking areas from the Madras state.

51. What event led to the creation of the Andhra state?

This followed a prolonged popular agitation and the death of Potti Sriramulu, a Congress person, after a 56-day hunger strike.

52. When was the States Reorganisation Commission appointed, and who was its chairman?

In December 1953, the Government of India appointed a three-member States Reorganisation Commission under the chairmanship of Fazl Ali.

53. What were the other two members of the Fazl Ali Commission?

Its other two members were K.M. Panikkar and H.N. Kunzru.

54. What was the broad recommendation of the Fazl Ali Commission regarding language as a basis for state reorganisation?

It broadly accepted language as the basis of reorganisation of states.

55. What theory did the Fazl Ali Commission reject?

It rejected the theory of ‘one language–one state’.

56. What four major factors did the Fazl Ali Commission identify for state reorganisation?

1. Preservation and strengthening of the unity and security of the country.
2. Linguistic and cultural homogeneity.
3. Financial, economic and administrative considerations.
4. Planning and promotion of the welfare of the people in each state as well as of the nation as a whole.

57. What did the Fazl Ali Commission suggest regarding the four-fold classification of states and territories?

The commission suggested the abolition of the four-fold classification of states and territories under the original Constitution.

58. How many states and centrally administered territories did the Fazl Ali Commission suggest creating?

It suggested the creation of 16 states and 3 centrally administered territories.

59. What acts implemented the recommendations of the Fazl Ali Commission?

The Government of India accepted these recommendations with certain minor modifications, implemented by the States Reorganisation Act (1956) and the 7th Constitutional Amendment Act (1956).

60. What was the result of the States Reorganisation Act (1956) and the 7th Constitutional Amendment Act (1956)?

As a result, 14 states and 6 union territories were created on November 1, 1956.

61. What new state was established by the States Reorganisation Act (1956) by merging Travancore–Cochin State?

The States Reorganisation Act (1956) established the new state of Kerala by merging the Travancore–Cochin State with the Malabar District of Madras state and Kasargode of South Canara (Dakshina Kannada).

62. How was the Andhra Pradesh state created by the States Reorganisation Act (1956)?

It merged the Telugu-speaking areas of Hyderabad state with the Andhra state to create the enlarged Andhra Pradesh state.

63. What new union territory was created from the territory detached from the Madras state?

Moreover, it created the new union territory of Laccadive, Minicoy and Amindivi Islands from the territory detached from the Madras state.

64. When was the bilingual state of Bombay divided, and into what two states?

In 1960, the bilingual state of Bombay was divided into two separate states—Maharashtra for Marathi-speaking people and Gujarat for Gujarati-speaking people.

65. What was the 15th state of the Indian Union?

Gujarat was established as the 15th state of the Indian Union.

66. When was Dadra and Nagar Haveli converted into a union territory of India, and by which amendment?

It was converted into a union territory of India by the 10th Constitutional Amendment Act, 1961.

67. When were Goa, Daman and Diu acquired from the Portuguese?

India acquired these three territories from the Portuguese by means of a police action in 1961.

68. By which amendment were Goa, Daman and Diu constituted as a union territory?

They were constituted as a union territory by the 12th Constitutional Amendment Act, 1962.

69. When was Goa conferred statehood?

Later, in 1987, Goa was conferred a statehood.

70. What happened to Daman and Diu after Goa was conferred statehood?

Consequently, Daman and Diu was made a separate union territory.

71. When were the union territories of Daman and Diu and Dadra and Nagar Haveli merged to form a new union territory?

In 2020, the union territory of Daman and Diu was merged with the union territory of Dadra and Nagar Haveli to form a new union territory of Dadra and Nagar Haveli and Daman and Diu. This was done by the Dadra and Nagar Haveli and Daman and Diu (Merger of Union Territories) Act, 2019.

72. When were the French establishments in India handed over to India?

The French handed over this territory to India in 1954.

73. When was Puducherry made a union territory, and by which amendment?

It was made a union territory by the 14th Constitutional Amendment Act.

74. When was the State of Nagaland formed, and what areas were taken out of Assam to form it?

In 1963, the State of Nagaland was formed by taking the Naga Hills and Tuensang area out of the state of Assam.

75. What was the 16th state of the Indian Union?

Nagaland was the 16th state of the Indian Union.

76. When was the State of Punjab bifurcated, and into what new entities?

In 1966, the State of Punjab was bifurcated to create Haryana, the 17th state of the Indian Union, and the union territory of Chandigarh.

77. What was the 17th state of the Indian Union?

Haryana was the 17th state of the Indian Union.

78. What was the recommendation of the Shah Commission (1966) regarding the formation of Punjab, Haryana, and Himachal Pradesh?

On the recommendation of the Shah Commission (1966), the Punjabi-speaking areas were constituted into the unilingual state of Punjab, the Hindi-speaking areas were constituted into the State of Haryana and the hill areas were merged with the adjoining union territory of Himachal Pradesh.

79. When was the union territory of Himachal Pradesh elevated to state status, and what was the 18th state of the Indian Union?

In 1971, the union territory of Himachal Pradesh was elevated to the status of a state (18th state of the Indian Union).

80. When did the political map of Northeast India undergo a major change, and what new states/union territories came into being?

In 1972, the two union territories of Manipur (19th state) and Tripura (20th state) and the sub-state of Meghalaya (21st state) got statehood. The two union territories of Mizoram and Arunachal Pradesh (originally NEFA) also came into being from Assam territories.

81. What was the 19th, 20th, and 21st state of the Indian Union?

Manipur (19th), Tripura (20th) and Meghalaya (21st).

82. What was the 22nd Constitutional Amendment Act (1969) about?

Initially, the 22nd Constitutional Amendment Act (1969) created Meghalaya as an ‘autonomous state’ or ‘sub-state’ within the state of Assam.

83. What was Sikkim’s status until 1947?

Till 1947, Sikkim was an Indian princely state ruled by Chogyal.

84. What was Sikkim’s status after 1947?

In 1947, after the lapse of British paramountcy, Sikkim became a ‘protectorate’ of India.

85. What did the 35th Constitutional Amendment Act (1974) introduce regarding Sikkim?

The 35th Constitutional Amendment Act (1974) introduced a new class of statehood by conferring on Sikkim the status of an ‘associate state’ of the Indian Union.

86. What new Article and Schedule were inserted for Sikkim’s associate state status?

For this purpose, a new Article 2-A and a new schedule (10th Schedule) were inserted in the Constitution.

87. When did the people of Sikkim vote for the abolition of the institution of Chogyal and Sikkim becoming an integral part of India?

In a referendum held in 1975, they voted for the abolition of the institution of Chogyal and Sikkim becoming an integral part of India.

88. What Constitutional Amendment Act (1975) made Sikkim a full-fledged state of the Indian Union?

Consequently, the 36th Constitutional Amendment Act (1975) was enacted to make Sikkim a full-fledged state of the Indian Union (the 22nd state).

89. What was the 22nd state of the Indian Union?

Sikkim was the 22nd state.

90. What new Article and Schedule were added and repealed by the 36th Constitutional Amendment Act (1975)?

This amendment amended the First and the Fourth Schedules to the Constitution and added a new Article 371-F. It also repealed Article 2-A and the 10th Schedule that were added by the 35th Amendment Act of 1974.

91. When did Mizoram, Arunachal Pradesh and Goa become new states, and what were their respective state numbers?

In 1987, three new States of Mizoram (23rd), Arunachal Pradesh (24th) and Goa (25th) came into being.

92. What was the 23rd, 24th, and 25th state of the Indian Union?

Mizoram (23rd), Arunachal Pradesh (24th) and Goa (25th).

93. What led to Mizoram being conferred the status of a full state?

The union territory of Mizoram was conferred the status of a full state as a sequel to the signing of a memorandum of settlement (Mizoram Peace Accord) in 1986.

94. When did Chhattisgarh, Uttarakhand and Jharkhand become new states, and what were their respective state numbers?

In 2000, three more new States of Chhattisgarh (26th), Uttarakhand (27th) and Jharkhand (28th) were created.

95. What was the 26th, 27th, and 28th state of the Indian Union?

Chhattisgarh (26th), Uttarakhand (27th) and Jharkhand (28th).

96. When did Telangana come into existence as a new state, and what was its state number?

In 2014, the new state of Telangana came into existence as the 29th state of the Indian Union.

97. What was the first linguistic state of India, and when was it formed?

The Andhra State Act (1953) formed the first linguistic state of India, known as the state of Andhra.

98. What was the capital of Andhra state and where was the state high court established in 1953?

Kurnool was the capital of Andhra state and the state high court was established at Guntur.

99. What was the capital of the enlarged Andhra Pradesh state after the States Reorganisation Act (1956)?

The capital of the state was shifted to Hyderabad.

100. What did the Andhra Pradesh Reorganisation Act (2014) do?

The Andhra Pradesh Reorganisation Act (2014) bifurcated the Andhra Pradesh into two separate states, namely, the Andhra Pradesh (residuary) and the Telangana.

101. What does the union territory of Jammu and Kashmir comprise?

The union territory of Jammu and Kashmir comprises all the districts of the erstwhile State of Jammu and Kashmir except the Kargil and Leh districts which have gone to the union territory of Ladakh.

102. What was the first state to have a new name, and what was it renamed to?

The United Provinces was the first state to have a new name. It was renamed ‘Uttar Pradesh’ in 1950.

103. When was Madras renamed to Tamil Nadu?

In 1969, Madras was renamed ‘Tamil Nadu’.

104. When was Mysore renamed to Karnataka?

In 1973, Mysore was renamed ‘Karnataka’.

105. When were Laccadive, Minicoy and Amindivi Islands renamed to Lakshadweep?

In the same year, Laccadive, Minicoy and Amindivi Islands were renamed ‘Lakshadweep’.

106. When was the Union Territory of Delhi redesignated as the National Capital Territory of Delhi?

In 1992, the Union Territory of Delhi was redesignated as the National Capital Territory of Delhi by the 69th Constitutional Amendment Act, 1991.

107. When was Uttaranchal renamed to Uttarakhand?

In 2006, Uttaranchal was renamed ‘Uttarakhand’.

108. When was Pondicherry renamed to Puducherry?

In the same year, Pondicherry was renamed ‘Puducherry’.

109. When was Orissa renamed to Odisha?

In 2011, Orissa was renamed ‘Odisha’.

110. What did the Assam (Alteration of Boundaries) Act, 1951 provide for?

Altered the boundaries of the State of Assam by ceding a strip of territory comprised in that State to Bhutan.

111. What did the Andhra State Act, 1953 provide for?

Formed the first linguistic state, known as the State of Andhra, by taking out the Telugu speaking areas from the State of Madras. Kurnool was the capital of Andhra State and the state high court was established at Guntur.

112. What did the Himachal Pradesh and Bilaspur (New State) Act, 1954 provide for?

Formed the new state of Himachal Pradesh by uniting the existing States of Himachal Pradesh and Bilaspur.

113. What did the Chandernagore (Merger) Act, 1954 provide for?

Merged the territory of Chandernagore (a former enclave of French India) into the State of West Bengal.

114. What did the States Reorganisation Act, 1956 provide for?

Made extensive changes in the boundaries of various states for the purpose of meeting the linguistic, regional and local demands. It created 14 states and 6 union territories.

115. What did the Bihar and West Bengal (Transfer of Territories) Act, 1956 provide for?

Provided for the transfer of certain territories from the State of Bihar to the State of West Bengal.

116. What did the Rajasthan and Madhya Pradesh (Transfer of Territories) Act, 1959 provide for?

Provided for the transfer of certain territories from the State of Rajasthan to the State of Madhya Pradesh.

117. What did the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959 provide for?

Provided for the alteration of boundaries of the States of Andhra Pradesh and Madras.

118. What did the Bombay Reorganisation Act, 1960 provide for?

Formed the new State of Gujarat (15th state) by taking out the Gujarati speaking areas from the state of Bombay and renamed the other part of the Bombay State as Maharashtra State. The city of Ahmedabad was made the capital of Gujarat.

119. What did the Acquired Territories (Merger) Act, 1960 provide for?

Provided for the merger into the States of Assam, Punjab and West Bengal of Certain territories acquired from Pakistan under the agreements entered into between the Governments of India and Pakistan, in 1958 and 1959.

120. What did the State of Nagaland Act, 1962 provide for?

Formed the new State of Nagaland (16th state) by taking out the Naga Hills – Tuensang Area from the State of Assam. The Naga Hills – Tuensang Area was a tribal area of Assam specified in the Sixth Schedule of the Constitution.

121. What did the Punjab Reorganisation Act, 1966 provide for?

Formed the new State of Haryana (17th state) by taking out the Hindi speaking areas from the State of Punjab. It also made Chandigarh a new Union Territory as well as a common capital for both Punjab and Haryana.

122. What did the Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968 provide for?

Provided for the alteration of boundaries of the States of Bihar and Uttar Pradesh.

123. What did the Andhra Pradesh and Mysore (Transfer of Territory) Act, 1968 provide for?

Provided for the transfer of certain territory from the State of Mysore to the State of Andhra Pradesh.

124. What did the Madras State (Alteration of Name) Act, 1968 provide for?

Changed the name of the State of Madras to that of State of Tamil Nadu.

125. What did the Assam Reorganisation (Meghalaya) Act, 1969 provide for?

Formed an autonomous state (sub-state) known as Meghalaya, within the State of Assam.

126. What did the State of Himachal Pradesh Act, 1970 provide for?

Elevated the Union Territory of Himachal Pradesh to the status of a state (18th state).

127. What did the North-Eastern Areas (Reorganisation) Act, 1971 provide for?

Elevated the two Union Territories of Manipur and Tripura to the status of states (19th state and 20th state respectively). It also conferred full statehood on Meghalaya (21st state), which was previously a sub-state within the State of Assam. Further, it formed the two Union Territories of Mizoram and Arunachal Pradesh out of the territories of Assam.

128. What did the Mysore State (Alteration of Name) Act, 1973 provide for?

Changed the name of the state of Mysore to that of the State of Karnataka.

129. What did the Laccadive, Minicoy and Amindivi Islands (Alteration of Name) Act, 1973 provide for?

Changed the name of the Union Territory of the Laccadive, Minicoy and Amindivi Islands to that of the Union Territory of Lakshadweep.

130. What did the Haryana and Uttar Pradesh (Alteration of Boundaries) Act, 1979 provide for?

Provided for the alteration of boundaries of the States of Haryana and Uttar Pradesh.

131. What did the State of Mizoram Act, 1986 provide for?

Elevated the Union Territory of Mizoram to the status of a state (23rd state).

132. What did the State of Arunachal Pradesh Act, 1986 provide for?

Elevated the Union Territory of Arunachal Pradesh to the status of a State (24th state).

133. What did the Goa, Daman and Diu Reorganisation Act, 1987 provide for?

Formed the new State of Goa (25th State) by separating the territory of Goa from the Union Territory of Goa, Daman and Diu.

134. What did the Madhya Pradesh Reorganisation Act, 2000 provide for?

Formed the new state of Chhattisgarh (26th state) out of the territories of the State of Madhya Pradesh.

135. What did the Uttar Pradesh Reorganisation Act, 2000 provide for?

Created the new State of Uttaranchal (27th state) by carving out its territory from that of the territories of the state of Uttar Pradesh.

136. What did the Bihar Reorganisation Act, 2000 provide for?

Established the new State of Jharkhand (28th state) by separating its territory from the territories of the State of Bihar.

137. What did the Uttaranchal (Alteration of Name) Act, 2006 provide for?

Changed the name of the State of Uttaranchal to that of the State of Uttarakhand.

138. What did the Pondicherry (Alteration of Name) Act, 2006 provide for?

Renamed the Union Territory of Pondicherry as the Union Territory of Puducherry.

139. What did the Orissa (Alteration of Name) Act, 2011 provide for?

Changed the name of the State of Orissa to that of the State of Odisha.

140. What did the Andhra Pradesh Reorganisation Act, 2014 provide for?

Formed the new state of Telangana (29th state) by carving out its territory from the territories of the state of Andhra Pradesh.

141. What did the Jammu and Kashmir Reorganisation Act, 2019 provide for?

Bifurcated the erstwhile state of Jammu and Kashmir into two separate Union territories, namely, the Union territory of Jammu and Kashmir and the Union territory of Ladakh.

142. What did the Dadra and Nagar Haveli and Daman and Diu (Merger of Union Territories) Act, 2019 provide for?

Merged the erstwhile two separate union territories (the union territory of Dadra and Nagar Haveli and the union territory of Daman and Diu) in order to form a new union territory of Dadra and Nagar Haveli and Daman and Diu.

143. What does Article 1 deal with in the context of Union and its Territory?

Name and territory of the Union.

144. What does Article 2 deal with in the context of Union and its Territory?

Admission or establishment of new states.

145. What does Article 2A deal with in the context of Union and its Territory?

Sikkim to be associated with the Union—(Repealed).

146. What does Article 3 deal with in the context of Union and its Territory?

Formation of new states and alteration of areas, boundaries or names of existing states.

147. What does Article 4 deal with in the context of Union and its Territory?

Laws made under Articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental, incidental and consequential matters.

148. What did the 18th Constitutional Amendment Act of 1966 add?

Added by the 18th Constitutional Amendment Act of 1966.

149. What case is Babulal vs. State of Bombay?

Babulal vs. State of Bombay (1959).

150. What did the Bombay Reorganisation Act, 1960 do?

By the Bombay Reorganisation Act, 1960.

151. What did the Goa, Daman and Diu Reorganisation Act, 1987 do?

By the Goa, Daman and Diu Reorganisation Act, 1987.

152. What did the State of Nagaland Act, 1962 do?

By the State of Nagaland Act, 1962, with effect from December 1, 1963.

153. What did the Punjab Reorganisation Act, 1966 do?

By Punjab Reorganisation Act, 1966.

154. What did the State of Himachal Pradesh Act, 1970 do?

By the State of Himachal Pradesh Act, 1970, with effect from January 25, 1971.

155. What did the North-Eastern Areas (Reorganisation) Act, 1971 do?

By the North-Eastern Areas (Reorganisation) Act, 1971, with effect from January 21, 1972.

156. What did the State of Mizoram Act, 1986 do?

By the State of Mizoram Act, 1986, with effect from February 20, 1987.

157. What did the State of Arunachal Pradesh Act, 1986 do?

By the State of Arunachal Pradesh Act, 1986, with effect from February 20, 1987.

158. What did the Madhya Pradesh Reorganisation Act, 2000 do?

By the Madhya Pradesh Reorganisation Act, 2000.

159. What did the Uttar Pradesh Reorganisation Act, 2000 do?

By the Uttar Pradesh Reorganisation Act, 2000.

160. What did the Bihar Reorganisation Act, 2000 do?

By the Bihar Reorganisation Act, 2000.

161. What did the Madras State (Alteration of Name) Act, 1968 do?

By the Madras State (Alteration of Name) Act, 1968, with effect from January 14, 1969.

162. What did the Mysore State (Alteration of Name) Act, 1973 do?

By the Mysore State (Alteration of Name) Act, 1973.

163. What did the Laccadive, Minicoy and Amindivi Islands (Alteration of Name) Act, 1973 do?

By the Laccadive, Minicoy and Amindivi Islands (Alteration of Name) Act, 1973.

164. What did the Uttaranchal (Alteration of Name) Act, 2006 do?

By the Uttaranchal (Alteration of Name) Act, 2006.

165. What did the Pondicherry (Alteration of Name) Act, 2006 do?

By the Pondicherry (Alteration of Name) Act, 2006.

166. What did the Orissa (Alteration of Name) Act, 2011 do?

By the Orissa (Alteration of Name) Act, 2011.

Chapter 7 Citizenship

1. What are the two kinds of people in India, like any other modern state?

Like any other modern state, India has two kinds of people—citizens and aliens.

2. What rights do citizens enjoy in India?

Citizens are full members of the Indian State and owe allegiance to it. They enjoy all civil and political rights.

3. What are the two categories of aliens?

Aliens are of two categories—friendly aliens or enemy aliens.

4. What is the difference in rights between friendly aliens and enemy aliens?

Friendly aliens are subjects of countries with cordial relations with India, while enemy aliens are subjects of countries at war with India and enjoy lesser rights (e.g., no protection against arrest and detention under Article 22).

5. What rights and privileges does the Constitution confer on citizens of India but deny to aliens?

1. Right against discrimination on grounds of religion, race, caste, sex or place of birth (Article 15).
2. Right to equality of opportunity in the matter of public employment (Article 16).
3. Right to freedom of speech and expression, assembly, association, movement, residence and profession (Article 19).
4. Cultural and educational rights (Articles 29 and 30).
5. Right to vote in elections to the Lok Sabha and state legislative assembly.
6. Right to contest for the membership of the Parliament and the state legislature.
7. Eligibility to hold certain public offices, that is, President of India, Vice-President of India, judges of the Supreme Court and the high courts, governor of states, attorney general of India and advocate general of states.

6. What duties do citizens owe to the Indian State?

Along with the above rights, the citizens also owe certain duties towards the Indian State, as for example, paying taxes, respecting the national flag and national anthem, defending the country.

7. Who is eligible for the office of President in India compared to the USA?

In India, both citizens by birth as well as naturalised citizens are eligible for the office of President, while in USA, only a citizen by birth is eligible.

8. What kind of citizenship does the Indian Constitution provide for despite its federal nature?

Though the Indian Constitution is federal and envisages a dual polity (Centre and states), it provides for only a single citizenship, that is, the Indian citizenship.

9. How does the Indian citizenship system compare to federal states like USA and Australia?

The citizens in India owe allegiance only to the Union, with no separate state citizenship. Other federal states like USA and Australia adopted the system of double citizenship.

10. What problem does the single citizenship system in India avoid compared to dual citizenship?

The single citizenship system prevalent in India avoids the problem of discrimination that can arise in dual citizenship systems where states might discriminate in favor of their own citizens.

11. What is the general rule regarding discrimination among Indian citizens?

In India, all citizens irrespective of the state in which they are born or reside enjoy the same political and civil rights of citizenship all over the country and no discrimination is made between them.

12. What are the exceptions to the general rule of absence of discrimination among Indian citizens?

1. The Parliament (under Article 16) can prescribe residence within a state or union territory as a condition for certain employments.
2. The Constitution (under Article 15) prohibits discrimination against any citizen on grounds only of religion, race, caste, sex or place of birth and not on the ground of residence.
3. The freedom of movement and residence (under Article 19) is subjected to the protection of interests of any schedule tribe.
4. Till 2019, the legislature of the erstwhile state of Jammu and Kashmir was empowered to define permanent residents and confer special rights and privileges.

13. What Act did Parliament enact in accordance with Article 16 to prescribe residential qualification for certain employments?

Accordingly, the Parliament enacted the Public Employment (Requirement as to Residence) Act, 1957.

14. For which states did the Public Employment (Requirement as to Residence) Act, 1957, authorize residential qualification for non-Gazetted posts?

The Act authorized residential qualification only for appointment to non-Gazetted posts in Andhra Pradesh, Himachal Pradesh, Manipur and Tripura.

15. When did the Public Employment (Requirement as to Residence) Act, 1957, expire?

As this Act expired in 1974, there is no such provision for any state except Andhra Pradesh and Telangana.

16. What does the Constitution (under Article 15) prohibit discrimination on, and what does it not prohibit discrimination on?

The Constitution (under Article 15) prohibits discrimination against any citizen on grounds only of religion, race, caste, sex or place of birth, and not on the ground of residence.

17. Why is the right of outsiders to enter, reside and settle in tribal areas restricted?

This is done to protect the distinctive culture, language, customs and manners of schedule tribes and to safeguard their traditional vocation and property against exploitation.

18. What was the basis for the provision allowing the legislature of Jammu and Kashmir to define permanent residents and confer special rights?

The above provision was based on Article 35-A of the Constitution of India.

19. When was Article 35-A inserted into the Constitution?

This Article was inserted in the constitution by “The Constitution (Application to Jammu and Kashmir) Order, 1954”.

20. When was the special status of Jammu and Kashmir abolished, and by which order?

In 2019, this special status was abolished by a new presidential order known as “The Constitution (Application to Jammu and Kashmir) Order, 2019”.

21. What is the purpose of the system of single citizenship and uniform rights in India?

The Constitution of India, like that of Canada, has introduced the system of single citizenship and provided uniform rights (except in few cases) for the people of India to promote the feeling of fraternity and unity among them and to build an integrated Indian nation.

22. What articles and Part of the Constitution deal with citizenship?

The Constitution deals with the citizenship from Articles 5 to 11 under Part II.

23. What does the Constitution identify regarding citizenship?

It only identifies the persons who became citizens of India at its commencement (i.e., on January 26, 1950).

24. What power does the Constitution give to Parliament regarding citizenship?

It empowers the Parliament to enact a law to provide for such matters and any other matter relating to citizenship.

25. What Act did Parliament enact regarding citizenship?

Accordingly, the Parliament has enacted the Citizenship Act (1955).

26. What was the Citizenship Act (1955)‘s original provision regarding Commonwealth Citizenship?

Originally, the Citizenship Act (1955) also provided for the Commonwealth Citizenship.

27. When was the provision for Commonwealth Citizenship repealed, and by which Act?

This provision was repealed by the Citizenship (Amendment) Act, 2003.

28. What are the five ways of acquiring citizenship prescribed by the Citizenship Act of 1955?

The Citizenship Act of 1955 prescribes five ways of acquiring citizenship, viz, birth, descent, registration, naturalisation and incorporation of territory.

29. Who is considered a citizen of India by birth if born on or after January 26, 1950, but before July 1, 1987?

A person born in India on or after January 26, 1950 but before July 1, 1987 is a citizen of India by birth irrespective of the nationality of his/her parents.

30. Who is considered a citizen of India by birth if born on or after July 1, 1987, but before December 3, 2004?

A person born in India on or after July 1, 1987 but before December 3, 2004 is considered as a citizen of India only if either of his/her parents is a citizen of India at the time of his/her birth.

31. Who is considered a citizen of India by birth if born on or after December 3, 2004?

Those born in India on or after December 3, 2004 are considered citizens of India only if both of their parents are citizens of India or one of whose parents is a citizen of India and the other is not an illegal migrant at the time of their birth.

32. Who cannot acquire Indian citizenship by birth?

The children of foreign diplomats posted in India and enemy aliens cannot acquire Indian citizenship by birth.

33. Who is considered a citizen of India by descent if born outside India on or after January 26, 1950, but before December 10, 1992?

A person born outside India on or after January 26, 1950 but before December 10, 1992 is a citizen of India by descent, if his/her father was a citizen of India at the time of his/her birth.

34. Who is considered a citizen of India by descent if born outside India on or after December 10, 1992?

A person born outside India on or after December 10, 1992 is considered as a citizen of India if either of his/her parents is a citizen of India at the time of his/her birth.

35. What is required for a person born outside India on or after December 3, 2004, to become a citizen of India by descent?

From December 3, 2004 onwards, a person born outside India shall not be a citizen of India by descent, unless his/her birth is registered at an Indian consulate within one year of the date of birth or with the permission of the Central Government, after the expiry of the said period.

36. What undertaking must accompany an application for registration of the birth of a minor child to an Indian consulate?

An application must be accompanied by an undertaking in writing from the parents that he or she does not hold the passport of another country.

37. When does a minor who is a citizen of India by descent and also a citizen of any other country cease to be a citizen of India?

A minor shall cease to be a citizen of India if he or she does not renounce the citizenship or nationality of another country within six months of his/her attaining full age.

38. What are the categories of persons (not illegal migrants) that the Central Government may register as a citizen of India?

1. A person of Indian origin who is ordinarily resident in India for seven years before making an application.
2. A person of Indian origin who is ordinarily resident in any country or place outside undivided India.
3. A person who is married to a citizen of India and is ordinarily resident in India for seven years before making an application.
4. Minor children of persons who are citizens of India.
5. A person of full age and capacity whose parents are registered as citizens of India.
6. A person of full age and capacity who, or either of his/her parents, was earlier citizen of independent India, and is ordinarily resident in India for twelve months immediately before making an application.
7. A person of full age and capacity who has been registered as an overseas citizen of India cardholder for five years, and who is ordinarily resident in India for twelve months before making an application.

39. What is the definition of ‘Indian origin’ for registration purposes?

A person shall be deemed to be of Indian origin if he or she, or either of their parents, was born in undivided India or in such other territory which became part of India after the August 15, 1947.

40. What must all registered persons take before being registered as citizens of India?

All the above categories of persons must take an oath of allegiance before they are registered as citizens of India.

41. What are the qualifications for the Central Government to grant a certificate of naturalisation to any person (not being an illegal migrant)?

1. That he/she is not a subject or citizen of any country where citizens of India are prevented from becoming subjects or citizens of that country by naturalisation.
2. That, if he/she is a citizen of any country, they undertake to renounce the citizenship of that country.
3. That he/she has either resided in India or been in the service of a Government in India or partly the one and partly the other, throughout the period of twelve months immediately preceding the date of the application.
4. That during the fourteen years immediately preceding the said period of twelve months, he/she has either resided in India or been in the service of a Government in India, or partly the one and partly the other, for periods amounting in the aggregate to not less than eleven years.
5. That he/she is of good character.
6. That he/she has an adequate knowledge of a language specified in the Eighth Schedule to the Constitution.
7. That in the event of a certificate of naturalisation being granted to him/her, he/she intends to reside in India, or to enter into or continue in, service under a Government in India or under an international organisation of which India is a member or under a society, company or body of persons established in India.

42. How has the Citizenship (Amendment) Act, 2019, changed the aggregate period of residence for naturalisation for certain communities?

The Citizenship (Amendment) Act, 2019, has reduced this aggregate period of residence or service of Government in India to not less than five years for persons belonging to Hindu, Sikh, Buddhist, Jain, Parsi or Christian communities from Afghanistan, Bangladesh or Pakistan.

43. When can the Government of India waive any of the naturalisation conditions?

The Government of India may waive all or any of the above conditions for naturalisation in the case of a person who has rendered distinguished service to the science, philosophy, art, literature, world peace or human progress.

44. What must every naturalised citizen take?

Every naturalised citizen must take an oath of allegiance to the Constitution of India.

45. How does a person acquire citizenship by Incorporation of Territory?

If any foreign territory becomes a part of India, the Government of India specifies the persons who among the people of the territory shall be the citizens of India. Such persons become the citizens of India from the notified date.

46. What Order did the Government of India issue when Pondicherry became a part of India?

When Pondicherry became a part of India, the Government of India issued the Citizenship (Pondicherry) Order (1962), under the Citizenship Act (1955).

47. What special provisions were added by the Citizenship (Amendment) Act, 1985, regarding citizenship of persons covered by the Assam Accord?

1. All persons of Indian origin who came to Assam before January 1, 1966, from Bangladesh and who have been ordinarily residents in Assam since the date of their entry into Assam shall be deemed to be citizens of India as from January 1, 1966.
2. Every person of Indian origin who came to Assam on or after January 1, 1966 but before March 25, 1971 from Bangladesh and who has been ordinarily resident in Assam since the date of his/her entry to Assam and who has been detected to be a foreigner shall register himself.

48. What is the status of a registered person (from Assam Accord) during the intervening period of ten years from detection as a foreigner?

Such a registered person shall be deemed to be a citizen of India for all purposes as from the date of expiry of a period of ten years from the date of detection as a foreigner. But, in the intervening period of ten years, he/she shall have the same rights and obligations as a citizen of India, excepting the right to vote.

49. What special provisions were added by the Citizenship (Amendment) Act, 2019, regarding migrants from Afghanistan, Bangladesh or Pakistan?

The Citizenship (Amendment) Act, 2019, added special provisions for migrants belonging to Hindu, Sikh, Buddhist, Jain, Parsi or Christian communities from Afghanistan, Bangladesh or Pakistan who entered into India on or before December 31, 2014.

50. What is the effect of the Citizenship (Amendment) Act, 2019, on legal proceedings against such migrants?

Any proceeding pending against such a person in respect of illegal migration or citizenship shall stand abated on the conferment of citizenship to him.

51. What tribal areas are these special provisions not applicable to?

These special provisions are not applicable to tribal area of Assam, Meghalaya, Mizoram or Tripura as included in the Sixth Schedule to the Constitution and the area covered under “The Inner Line” notified under the Bengal Eastern Frontier Regulation, 1873.

52. What was the status of migrants from Afghanistan, Bangladesh or Pakistan (Hindu, Sikh, Buddhist, Jain, Parsi or Christian) before the Citizenship (Amendment) Act, 2019?

Before the enactment of the Citizenship (Amendment) Act, 2019, these migrants were regarded as illegal migrants and were ineligible to apply for Indian citizenship.

53. When did the Citizenship (Amendment) Act, 2019, come into force?

This Act came into force on January 10, 2020.

54. What are the three ways of losing citizenship prescribed by the Citizenship Act (1955)?

The Citizenship Act (1955) prescribes three ways of losing citizenship: renunciation, termination and deprivation.

55. What happens when a citizen of India makes a declaration of renunciation of Indian citizenship?

Upon the registration of that declaration, that person ceases to be a citizen of India.

56. What happens to the citizenship of a minor child when a person renounces their Indian citizenship?

When a person renounces his/her Indian citizenship, every minor child of that person also loses Indian citizenship.

57. When can a minor child (whose parent renounced Indian citizenship) resume Indian citizenship?

However, when such a child attains the age of eighteen, he/she may (within one year) resume Indian citizenship.

58. When does an Indian citizen’s citizenship automatically terminate?

When an Indian citizen voluntarily acquires the citizenship of another country, his/her Indian citizenship automatically terminates.

59. When does the termination provision not apply?

This provision, however, does not apply during a war in which India is engaged.

60. What is deprivation in the context of losing Indian citizenship?

Deprivation is a compulsory termination of Indian citizenship by the Central government.

61. Under what conditions can the Central government compulsorily terminate Indian citizenship by deprivation?

1. If the citizen has obtained the citizenship by fraud.
2. If the citizen has shown disloyalty to the Constitution of India.
3. If the citizen has unlawfully traded or communicated with the enemy during a war.
4. If the citizen has, within five years after registration or naturalisation, been imprisoned in any country for two years.
5. If the citizen has violated the provisions of the Citizenship Act (1955) or any other law specified by the Central Government.
6. If it is necessary in the interests of the sovereignty and integrity of India, the security of India, friendly relations of India with any foreign country, or in the interests of the general public.
7. If the marriage of an overseas citizen of India cardholder has been dissolved or if he/she has solemnised marriage with any other person during the subsistence of such marriage.

62. What is provided to a person before the cancellation of their OCI registration?

Before the cancellation of his/her registration as an overseas citizen of India cardholder, he/she will be given a reasonable opportunity of being heard.

63. When was a High Level Committee on the Indian Diaspora set up, and under whose chairmanship?

In September 2000, the Government of India (Ministry of External Affairs) had set-up a High Level Committee on the Indian Diaspora under the Chairmanship of L.M. Singhvi.

64. What was the mandate of the L.M. Singhvi Committee?

The mandate of the Committee was to conduct a comprehensive study of the global Indian Diaspora and to recommend measures for a constructive relationship with them.

65. What did the L.M. Singhvi Committee recommend in its January 2002 report?

The committee recommended the amendment of the Citizenship Act (1955) to provide for grant of dual citizenship to the Persons of Indian Origin (PIOs) belonging to certain specified countries.

66. What provision did the Citizenship (Amendment) Act, 2003, make regarding Overseas Citizenship of India (OCI)?

The Citizenship (Amendment) Act, 2003, made provision for acquisition of Overseas Citizenship of India (OCI) by the PIOs of 16 specified countries other than Pakistan and Bangladesh.

67. What did the Citizenship (Amendment) Act, 2003, omit from the Principal Act?

It also omitted all provisions recognising, or relating to the Commonwealth Citizenship from the Principal Act.

68. How did the Citizenship (Amendment) Act, 2005, expand the scope of OCI?

The Citizenship (Amendment) Act, 2005, expanded the scope of grant of OCI for PIOs of all countries except Pakistan and Bangladesh as long as their home countries allow dual citizenship under their local laws.

69. Is OCI actually a dual citizenship?

No, the OCI is not actually a dual citizenships as the Indian Constitution forbids dual citizenship or dual nationality (Article 9).

70. What new scheme did the Citizenship (Amendment) Act, 2015, introduce?

The Citizenship (Amendment) Act, 2015, introduced a new scheme called “Overseas Citizen of India Cardholder” by merging the PIO card scheme and the OCI card scheme.

71. When was the PIO card scheme introduced?

The PIO card scheme was introduced on August 19, 2002.

72. When was the OCI card scheme introduced?

The OCI card scheme was introduced w.e.f. December 2, 2005.

73. When was the PIO scheme rescinded?

The PIO scheme was rescinded w.e.f. January 9, 2015.

74. What happened to existing PIO cardholders after January 9, 2015?

It was also notified that all existing PIO cardholders shall be deemed to be OCI cardholders w.e.f. January 9, 2015.

75. What nomenclature did the Citizenship (Amendment) Act, 2015, replace?

The Citizenship (Amendment) Act, 2015, replaced the nomenclature of “Overseas Citizen of India” with that of “Overseas Citizen of India Cardholder”.

76. Who is an NRI (Non-Resident Indian)?

An Indian citizen who is ordinarily residing outside India and holds an Indian Passport.

77. Who is a PIO (Person of Indian Origin)?

A person who or whose any of ancestors was an Indian national and who is presently holding another country’s citizenship / nationality i.e. he/she is holding foreign passport.

78. Who is an OCI (Overseas Citizen of India) Cardholder?

A person registered as Overseas Citizen of India (OCI) Cardholder under the Citizenship Act, 1955.

79. What categories of foreign nationals are eligible for registration as OCI Cardholder?

1. Who was a citizen of India at the time of, or at any time after the commencement of the Constitution i.e. 26.01.1950; or
2. Who was eligible to become a citizen of India on 26.01.1950; or
3. Who belonged to a territory that became part of India after 15.08.1947; or
4. Who is a child or a grandchild or a great grandchild of such a citizen; or
5. Who is a minor child of such persons mentioned above; or
6. Who is a minor child and whose both parents are citizens of India or one of the parents is a citizen of India; or
7. Spouse of foreign origin of a citizen of India or spouse of foreign origin of an Overseas Citizen of India Cardholder registered under the Citizenship Act, 1955 and whose marriage has been registered and subsisted for a continuous period of not less than two years immediately preceding the presentation of the application.

80. Which nationals are ineligible for OCI Cardholder registration?

No person, who or either of whose parents or grandparents or great grandparents is or had been a citizen of Pakistan, Bangladesh or such other country as the Central Government may specify, shall be eligible for registration as an Overseas Citizen of India Cardholder.

81. What benefits is an NRI entitled to?

All benefits as available to Indian citizens subject to notifications issued by the Government from time to time.

82. What benefits is a PIO entitled to?

No specific benefits.

83. What benefits is an OCI Cardholder entitled to?

1. Multiple entry lifelong visa for visiting India for any purpose.
2. Exemption from registration with Foreigners Regional Registration Officer (FRRO) or Foreigners Registration Officer (FRO) for any length of stay in India.
3. Parity with Indian nationals in the matter of:
   1. tariffs in air fares in domestic sectors in India; and
   2. entry fees to be charged for visiting national parks, wildlife sanctuaries, the national monuments, historical sites and museums in India.
4. Parity with Non-Resident Indians in the matter of:
   1. inter-country adoption of Indian children;
   2. appearing for the all India entrance tests such as National Eligibility cum Entrance Test, Joint Entrance Examination (Mains/Advanced) or such other tests to make them eligible for admission only against any Non-Resident Indian seat or any super numeracy seat. However, the OCI Cardholder is not eligible for admission against any seat reserved exclusively for Indian citizens.
   3. purchase or sale of immovable properties other than agricultural land or farm house or plantation property; and
   4. Pursuing the following professions in India: – doctors, dentists, nurses and pharmacists; – advocates; – architects; and – chartered accountants
5. The OCI Cardholder shall have the same rights and privileges as a foreigner in respect of all other economic, financial and educational fields not specified in the notification issued by the Central Government or the rights and privileges not covered in the notifications issued by the Reserve Bank of India under the Foreign Exchange Management Act, 1999.
6. The OCI Cardholders are eligible for appointment as teaching faculty in IITs, NITs, IIMs, IISERs, IISc, Central Universities and in the new AIIMS set up under Pradhan Mantri Swasthya Suraksha Yojana.

84. What activities require a special permission or permit for an OCI Cardholder?

1. To undertake research.
2. To undertake any Missionary or Tabligh or Mountaineering or Journalistic activities.
3. To undertake internship in any foreign Diplomatic Missions or foreign Government organisations in India or to the take up employment in any foreign Diplomatic Missions in India.
4. To visit any place which falls within the Protected or Restricted or Prohibited areas as notified by the Central Government or competent authority.

85. Does an NRI require a visa for visiting India?

No.

86. Does a PIO require a visa for visiting India?

Yes.

87. Does an OCI Cardholder require a visa for visiting India?

No, OCI Card is itself a multiple entry lifelong visa for visiting India.

88. Is an NRI required to register with local police authorities in India?

No.

89. Is a PIO required to register with local police authorities in India?

Yes, if the period of stay is for more than 180 days.

90. Is an OCI Cardholder required to register with local police authorities in India?

No.

91. What activities can an NRI undertake in India?

All Activities.

92. What activities can a PIO undertake in India?

Activity as per the type of visa obtained.

93. What activities can an OCI Cardholder undertake in India?

All activities except certain activities for which prior permission or special permit is required.

94. How can an NRI acquire Indian citizenship?

He/she is an Indian citizen.

95. How can a PIO acquire Indian citizenship?

As per the Citizenship Act, 1955, he/she has to be ordinarily resident in India for a period of 7 years before making an application for registration.

96. How can an OCI Cardholder acquire Indian citizenship?

As per the Citizenship Act, 1955, a person registered as an OCI cardholder for 5 years and who is ordinarily resident in India for twelve months before making an application for registration is eligible for grant of Indian citizenship.

97. What does Article 5 deal with?

Citizenship at the commencement of the Constitution.

98. What does Article 6 deal with?

Rights of citizenship of certain persons who have migrated to India from Pakistan.

99. What does Article 7 deal with?

Rights of citizenship of certain migrants to Pakistan.

100. What does Article 8 deal with?

Rights of citizenship of certain persons of Indian origin residing outside India.

101. What does Article 9 deal with?

Persons voluntarily acquiring citizenship of a foreign State not to be citizens.

102. What does Article 10 deal with?

Continuance of the rights of citizenship.

103. What does Article 11 deal with?

Parliament to regulate the right of citizenship by law.

104. What does Article 371-D provide for?

By virtue of Article 371-D inserted by the 32nd Constitutional Amendment Act, 1973.

105. What does Article 371D deal with?

Article 371D has been extended to the State of Telangana by the Andhra Pradesh Reorganisation Act, 2014.

106. What was the permit system for migration introduced on July 19, 1948?

On this date, the permit system for such migration was introduced.

107. What is the form of the oath for citizens of India?

I, A/B………………. do solemnly affirm (or swear) that I will bear true faith and allegiance to the Constitution of India as by law established, and that I will faithfully observe the laws of India and fulfill my duties as a citizen of India.

108. What does the 8th Schedule of the Constitution recognise?

The 8th Schedule of the Constitution recognises presently 22 (originally 14) languages.

109. What is the exception to the requirement for an NRI to register with local police authorities?

This will not apply if he/she is a student abroad, or is in the service of a government in India or an international organisation of which India is a member, or has registered annually at an Indian consulate his/her intention to retain his/her Indian citizenship.

110. What is the source of information for the Annual Report 2015-16, Ministry of Home Affairs?

Annual Report 2015-16, Ministry of Home Affairs, Government of India, p. 262.

Chapter 8 Fundamental Rights

1. Where are the Fundamental Rights enshrined in the Indian Constitution?

The Fundamental Rights are enshrined in Part III of the Constitution from Articles 12 to 35.

2. From where did the framers of the Constitution derive inspiration for Fundamental Rights?

The framers of the Constitution derived inspiration from the Constitution of USA (i.e., Bill of Rights).

3. What is Part III of the Constitution rightly described as?

Part III of the Constitution is rightly described as the Magna Carta of India.

4. How are the Fundamental Rights in the Indian Constitution described compared to other countries?

The Fundamental Rights in our Constitution are more elaborate than those found in the Constitution of any other country in the world, including the USA.

5. What is the purpose of Fundamental Rights in promoting political democracy?

The Fundamental Rights are meant for promoting the ideal of political democracy.

6. What do Fundamental Rights prevent and protect against?

They prevent the establishment of an authoritarian and despotic rule in the country, and protect the liberties and freedoms of the people against the invasion by the State.

7. What do Fundamental Rights operate as?

They operate as limitations on the tyranny of the executive and arbitrary laws of the legislature.

8. What do Fundamental Rights aim at establishing?

They aim at establishing ‘a government of laws and not of men’.

9. Why are Fundamental Rights named so?

They are named so because they are guaranteed and protected by the Constitution, which is the fundamental law of the land. They are ‘fundamental’ also in the sense that they are most essential for the all-round development (material, intellectual, moral and spiritual) of the individuals.

10. What was the original number of Fundamental Rights provided by the Constitution?

Originally, the Constitution provided for seven Fundamental Rights.

11. What are the six Fundamental Rights at present?

1. Right to Equality (Articles 14–18)
2. Right to Freedom (Articles 19–22)
3. Right against Exploitation (Articles 23–24)
4. Right to Freedom of Religion (Articles 25–28)
5. Cultural and Educational Rights (Articles 29–30)
6. Right to Constitutional Remedies (Article 32)

12. Which Fundamental Right was deleted from the list, and by which amendment?

The Right to Property (Article 31) was deleted from the list of Fundamental Rights by the 44th Amendment Act, 1978.

13. What is the Right to Property now, and where is it placed in the Constitution?

It is made a legal right under Article 300-A in Part XII of the Constitution.

14. What are the characteristics of the Fundamental Rights guaranteed by the Constitution?

1. Some are available only to citizens, while others are available to all persons (citizens, foreigners, legal persons).
2. They are not absolute but qualified; the state can impose reasonable restrictions.
3. All are available against the arbitrary action of the state, and some against private individuals.
4. Some are negative (limit state authority), while others are positive (confer privileges).
5. They are justiciable, allowing persons to move courts for enforcement.
6. They are defended and guaranteed by the Supreme Court.
7. They are not sacrosanct or permanent; Parliament can curtail or repeal them by constitutional amendment without affecting basic structure.
8. They can be suspended during National Emergency (except Articles 20 and 21).
9. Their scope is limited by Articles 31A, 31B, and 31C.
10. Their application to members of armed forces, para-military forces, police forces, intelligence agencies can be restricted or abrogated by Parliament (Article 33).
11. Their application can be restricted while martial law is in force (Article 34).
12. Most are directly enforceable (self-executory), while a few require a law made by Parliament (Article 35).

15. What does Article 14 deal with?

Equality before law and equal protection of laws.

16. What does Article 15 deal with?

Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.

17. What does Article 16 deal with?

Equality of opportunity in matters of public employment.

18. What does Article 17 deal with?

Abolition of untouchability and prohibition of its practice.

19. What does Article 18 deal with?

Abolition of titles except military and academic.

20. What does Article 19 deal with?

Protection of six rights regarding freedom of: (i) speech and expression, (ii) assembly, (iii) association, (iv) movement, (v) residence, and (vi) profession.

21. What does Article 20 deal with?

Protection in respect of conviction for offences.

22. What does Article 21 deal with?

Protection of life and personal liberty.

23. What does Article 21A deal with?

Right to elementary education.

24. What does Article 22 deal with?

Protection against arrest and detention in certain cases.

25. What does Article 23 deal with?

Prohibition of traffic in human beings and forced labour.

26. What does Article 24 deal with?

Prohibition of employment of children in factories, etc.

27. What does Article 25 deal with?

Freedom of conscience and free profession, practice and propagation of religion.

28. What does Article 26 deal with?

Freedom to manage religious affairs.

29. What does Article 27 deal with?

Freedom from payment of taxes for promotion of any religion.

30. What does Article 28 deal with?

Freedom from attending religious instruction or worship in certain educational institutions.

31. What does Article 29 deal with?

Protection of language, script and culture of minorities.

32. What does Article 30 deal with?

Right of minorities to establish and administer educational institutions.

33. What does Article 32 deal with?

Right to move the Supreme Court for the enforcement of fundamental rights including the writs of (i) habeas corpus, (ii) mandamus, (iii) prohibition, (iv) certiorari, and (v) quo war-rento.

34. What is the concept of ‘equality before law’ of British origin based on?

The concept of ‘equality before law’ is of British origin and is an element of the concept of ‘Rule of Law’, propounded by A.V. Dicey.

35. What is the concept of ‘equal protection of laws’ taken from?

The concept of ‘equal protection of laws’ has been taken from the American Constitution.

36. What are the three elements or aspects of A.V. Dicey’s concept of ‘Rule of Law’?

1. Absence of arbitrary power, i.e., no man can be punished except for a breach of law.
2. Equality before the law, i.e., equal subjection of all citizens to the ordinary law of the land.
3. The primacy of the rights of the individual, i.e., the constitution is the result of the rights of the individual as defined and enforced by the courts of law.

37. Which elements of Dicey’s Rule of Law are applicable to the Indian System?

The first and the second elements are applicable to the Indian System.

38. What is the source of individual rights in the Indian System?

In the Indian System, the constitution is the source of the individual rights.

39. What did the Supreme Court hold regarding the ‘Rule of Law’ as embodied in Article 14?

The Supreme Court held that the ‘Rule of Law’ as embodied in Article 14 is a ‘basic feature’ of the constitution. Hence, it cannot be destroyed even by an amendment.

40. What are the exceptions to the rule of equality before law?

1. The President of India and the Governor of States enjoy immunities (Article 361).
2. No person is liable to civil or criminal proceedings for publication of true report of Parliament or state legislature proceedings (Article 361-A).
3. No member of Parliament is liable for anything said or any vote given in Parliament or its committees (Article 105).
4. No member of the Legislature of a state is liable for anything said or any vote given in the Legislature or its committees (Article 194).
5. Article 31-C is an exception to Article 14.
6. Foreign sovereigns (rulers), ambassadors and diplomats enjoy immunity from criminal and civil proceedings.
7. The UNO and its agencies enjoy diplomatic immunity.

41. What immunities do the President of India and the Governor of States enjoy under Article 361?

1. Not answerable to any court for the exercise and performance of powers and duties.
2. No criminal proceedings instituted or continued during term of office.
3. No process for arrest or imprisonment issued during term of office.
4. No civil proceedings instituted for acts done in personal capacity until two months after notice.

42. What does Article 31-C provide regarding laws made by the state?

Article 31-C provides that the laws made by the state for implementing the Directive Principles contained in clause (b) or clause (c) of Article 39 cannot be challenged on the ground that they are violative of Article 14.

43. What did the Supreme Court hold regarding Article 31-C and Article 14?

The Supreme Court held that “where Article 31-C comes in, Article 14 goes out”.

44. What does Article 15 provide for regarding discrimination?

Article 15 provides that the State shall not discriminate against any citizen on grounds only of religion, race, caste, sex or place of birth.

45. What are the two crucial words in Article 15?

The two crucial words in this provision are ‘discrimination’ and ‘only’.

46. What does the word ‘discrimination’ mean in Article 15?

The word ‘discrimination’ means ‘to make an adverse distinction with regard to’ or ‘to distinguish unfavourably from others’.

47. What does the use of the word ‘only’ connote in Article 15?

The use of the word ‘only’ connotes that discrimination on other grounds is not prohibited.

48. What does the second provision of Article 15 say regarding discrimination?

The second provision of Article 15 says that no citizen shall be subjected to any disability, liability, restriction or condition on grounds only of religion, race, caste, sex, or place of birth with regard to access to shops, public restaurants, hotels and places of public entertainment; or the use of wells, tanks, bathing ghats, road and places of public resort.

49. What are the four exceptions to the general rule of non-discrimination in Article 15?

1. The state is permitted to make any special provision for women and children.
2. The state is permitted to make any special provision for the advancement of any socially and educationally backward classes or for the scheduled castes and the scheduled tribes.
3. The state is empowered to make any special provision for the advancement of any socially and educationally backward classes or for the scheduled castes and the scheduled tribes regarding their admission to educational institutions.
4. The state is empowered to make any special provision for the advancement of any economically weaker sections.

50. Which amendment act added the exception for socially and educationally backward classes regarding admission to educational institutions?

The above exception (c) was added by the 93rd Amendment Act of 2005.

51. What Act did the Centre enact to give effect to the provision for OBC reservation in educational institutions?

In order to give effect to this provision, the Centre enacted the Central Educational Institutions (Reservation in Admission) Act, 2006, providing a quota of 27% for candidates belonging to the Other Backward Classes (OBCs).

52. What did the Supreme Court uphold in April 2008 regarding OBC reservation?

In April 2008, the Supreme Court upheld the validity of both, the Amendment Act and the OBC Quota Act.

53. What did the Supreme Court direct regarding the ‘creamy layer’ among OBCs?

The Court directed the central government to exclude the ‘creamy layer’ (advanced sections) among the OBCs while implementing the law.

54. What does Article 15(1) deal with?

The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.

55. What does Article 15(2) deal with?

No citizen shall be subjected to any disability, liability, restriction or condition on grounds only of religion, race, caste, sex, place of birth or any of them with regard to access to shops, public restaurants, hotels and places of public entertainment; or the use of walls, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public.

56. What does Article 15(3) deal with?

The State is not prevented from making any special provision for women and children.

57. What does Article 15(4) deal with?

The State is not prevented from making any special provision for the advancement of any socially and educationally backwards classes or for the scheduled castes and scheduled tribes. This provision was added by the 1st Amendment Act, 1951.

58. What does Article 15(5) deal with?

The State is not prevented from making any special provision for the advancement of any socially and educationally backwards classes or for the scheduled castes and the scheduled tribes regarding their admission to educational institutions. This also includes the private educational motivations, whether aided or unaided by the State, except the minority educational institutions. This provision was added by the 93rd Amendment Act, 2005.

59. What does Article 15(6) deal with?

The State is not prevented from making any special provision for the advancement of any economically weaker sections; and a provision for the reservation of upto 10% of seats for such sections in admission to educational institutions including private educational institutions, whether aided or unaided by the State (except the minority educational institutions). This provision was added by the 103rd Amendment Act, 2019.

60. What is the definition of ‘family’ for the purpose of EWS reservation?

Family for this purpose would include the person who seeks benefit of reservation, his/her parents and siblings below the age of 18 years as also his/her spouse and children below the age of 18 years.

61. What does Article 16 provide for regarding public employment?

Article 16 provides for equality of opportunity for all citizens in matters of employment or appointment to any office under the State.

62. What are the four exceptions to the general rule of equality of opportunity in public employment?

1. Parliament can prescribe residence as a condition for certain employment or appointment.
2. The State can provide for reservation of appointments or posts in favour of any backward class not adequately represented in state services, and reservation in promotions for SCs/STs.
3. A law can provide that the incumbent of an office related to religious or denominational institution should belong to that particular religion or denomination.
4. The state is permitted to make a provision for the reservation of upto 10% of appointments or posts in favour of any economically weaker sections.

63. What did the Public Employment (Requirement as to Residence) Act of 1957 provide for?

As the Public Employment (Requirement as to Residence) Act of 1957 expired in 1974, there is no such provision for any state except Andhra Pradesh and Telangana.

64. What does Article 16(1) deal with?

There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.

65. What does Article 16(2) deal with?

No citizen can be ineligible for or discriminated against any employment or office under the State on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them.

66. What does Article 16(3) deal with?

Parliament is not prevented from making any law to prescribe residence as a requirement for certain employment or appointment to an office under the Government of a State or Union territory, or any local or other authority within them.

67. What does Article 16(4) deal with?

The State is not prevented from making any provision for the reservation of appointments or posts in favour of any backward class which is not adequately represented in the services under the State.

68. What does Article 16(4A) deal with?

The State is not prevented from making any provision for reservation in matters of promotion, with consequential seniority, in the services under the State in favour of the scheduled castes and scheduled tribes which are not adequately represented in the services under the State. This provision was added by the 77th Amendment Act, 1995. Later, the 85th Amendment Act, 2001 made a modification in this provision by including the consequential seniority.

69. What does Article 16(4B) deal with?

The State is not prevented from considering the unfilled reserved vacancies of a year as a separate class of vacancies to be filled up in any succeeding year or years. Further, such class of vacancies are not to be combined with the vacancies of the year in which they are being filled up to determine the ceiling of 50% reservation on total number of vacancies of that year. This provision was added by the 81st Amendment Act, 2000.

70. What does Article 16(5) deal with?

The operation of any law is not affected even though it provides that the incumbent of any religious or denominational institution or any member of its governing body should belong to that particular religion or denomination.

71. What does Article 16(6) deal with?

The State is not prevented from making any provision for the reservation of upto 10% of appointments or posts in favour of any economically weaker sections. This provision was added by the 103rd Amendment Act, 2019.

72. When was the Mandal Commission appointed, and under whose chairmanship?

In 1979, the Morarji Desai Government appointed the Second Backward Classes Commission under the chairmanship of B.P. Mandal.

73. What was the mandate of the Mandal Commission?

The commission was mandated to investigate the conditions of the socially and educationally backward classes and suggest measures for their advancement.

74. How many castes did the Mandal Commission identify as socially and educationally backward?

The commission identified as many as 3743 castes as socially and educationally backward classes.

75. What percentage of the population did these castes constitute?

They constitute nearly 52% component of the population, excluding the scheduled castes (SCs) and the scheduled tribes (STs).

76. What was the Mandal Commission’s recommendation for reservation in government jobs?

The commission recommended for reservation of 27% government jobs for the Other Backward Classes (OBCs).

77. When did the V.P. Singh Government declare reservation of 27% government jobs for the OBCs?

It was after ten years in 1990 that the V.P. Singh Government declared reservation of 27% government jobs for the OBCs.

78. What two changes did the Narasimha Rao Government introduce in 1991 regarding OBC reservation?

1. Preference to the poorer sections among the OBCs in the 27% quota (adoption of economic criteria).
2. Reservation of another 10% of jobs for other economically backward sections not covered by existing schemes.

79. What was the Indra Sawhney case (1992) also called?

The Indra Sawhney case (1992) was also called as the Mandal case.

80. What did the Supreme Court uphold in the Indra Sawhney case regarding OBC reservation?

The Supreme Court upheld the constitutional validity of 27% reservation for the OBCs with certain conditions.

81. What were the conditions laid down by the Supreme Court in the Indra Sawhney case regarding OBC reservation?

1. The advanced sections among the OBCs (the creamy layer) should be excluded.
2. No reservation in promotions; reservation should be confined to initial appointments only.
3. The total reserved quota should not exceed 50% except in some extraordinary situations.
4. The ‘carry forward rule’ in case of unfilled (backlog) vacancies is valid, but should not violate 50% rule.
5. A permanent statutory body should be established to examine complaints of over-inclusion and under-inclusion in the list of OBCs.
6. No relaxations in qualifying marks and standards of evaluation in matters of reservation in promotions due to the requirement of maintenance of efficiency in administration under Article 335.

82. What committee was appointed to identify the creamy layer among the OBCs, and when did it submit its report?

Ram Nandan Committee was appointed to identify the creamy layer among the OBCs. It submitted its report in 1993, which was accepted.

83. When was the National Commission for Backward Classes established, and by what means?

National Commission for Backward Classes was established in 1993 by an act of Parliament.

84. What was the mandate of the National Commission for Backward Classes?

Its mandate was to examine the complaints of under-inclusion, over-inclusion or non-inclusion of any class of citizens in the list of backward classes for job reservation.

85. What did the 102nd Amendment Act of 2018 confer on the National Commission for Backward Classes?

The 102nd Amendment Act of 2018 conferred a constitutional status on the commission and also enlarged its functions.

86. What did the 77th Amendment Act of 1995 provide for regarding reservation in promotions?

In order to nullify the ruling with regard to reservation in promotions, the 77th Amendment Act was enacted in 1995. It added a new provision in Article 16 that empowers the State to provide for reservation in promotions of any services under the State in favour of the SCs and STs.

87. What did the 85th Amendment Act of 2001 provide for regarding consequential seniority?

The 85th Amendment Act of 2001 provides for ‘consequential seniority’ in the case of promotion by virtue of rule of reservation for the government servants belonging to the SCs and STs with retrospective effect from June 1995.

88. What did the 81st Amendment Act of 2000 provide for regarding backlog vacancies?

The 81st Amendment Act of 2000 added another new provision in Article 16 that empowers the State to consider the unfilled reserved vacancies of a year as a separate class of vacancies. This ends the 50% ceiling on reservation in backlog vacancies.

89. What did the 76th Amendment Act of 1994 do regarding the Tamil Nadu Reservations Act of 1993?

The 76th Amendment Act of 1994 has placed the Tamil Nadu Reservations Act of 1993 in the Ninth Schedule to protect it from judicial review as it provided for 69 per cent of reservation.

90. What did the 82nd Amendment Act of 2000 provide for regarding relaxations in qualifying marks for promotions?

The 82nd Amendment Act of 2000 added a new provision in Article 335 that empowers the state to make any provision in favour of the SCs and STs for relaxation in qualifying marks or lowering the standards of evaluation in matters of reservation in promotions.

91. What did the 103rd Amendment Act of 2019 add regarding reservation for Economically Weaker Sections (EWSs)?

The above exception (d) was added by the 103rd Amendment Act of 2019, providing 10% reservation to the Economically Weaker Sections (EWSs) in admission to educational institutions and civil posts and services.

92. What is the eligibility criteria for EWS reservation based on annual income?

Persons whose family has gross annual income below ₹8 lakh are to be identified as EWSs.

93. What assets exclude persons from being identified as EWSs, irrespective of family income?

1. 5 acres of Agricultural land and above.
2. Residential flat of 1000 sq.ft. and above.
3. Residential plot of 100 sq.yards and above in notified municipalities.
4. Residential plot of 200 sq.yards and above in areas other than the notified municipalities.

94. What happens if a family holds property in different locations for EWS determination?

The property held by a family in different locations or different places / cities would be clubbed while applying the land or property holding test to determine EWS status.

95. What does Article 17 abolish and forbid?

Article 17 abolishes ‘untouchability’ and forbids its practice in any form.

96. What is the consequence of enforcing any disability arising out of untouchability?

The enforcement of any disability arising out of untouchability shall be an offence punishable in accordance with law.

97. When was the Untouchability (Offences) Act, 1955, amended and renamed?

In 1976, the Untouchability (Offences) Act, 1955 has been comprehensively amended and renamed as the Protection of Civil Rights Act, 1955.

98. What does the Protection of Civil Rights Act, 1955, define civil right as?

The act defines civil right as any right accruing to a person by reason of the abolition of untouchability by Article 17 of the Constitution.

99. Has the term ‘untouchability’ been defined in the Constitution or the Act?

No, the term ‘untouchability’ has not been defined either in the Constitution or in the Act.

100. What did the Mysore High Court hold regarding the subject matter of Article 17?

The Mysore High Court held that the subject matter of Article 17 is not untouchability in its literal or grammatical sense but the ‘practice as it had developed historically in the country’.

101. What did the Supreme Court hold in the People’s Union for Democratic Rights case (1982) regarding Article 17?

In the People’s Union for Democratic Rights case (1982), the Supreme Court held that the right under Article 17 is available against private individuals and it is the constitutional obligation of the State to take necessary action to ensure that this right is not violated.

102. What does Article 18 abolish?

Article 18 abolishes titles.

103. What are the four provisions of Article 18 regarding titles?

1. It prohibits the state from conferring any title (except a military or academic distinction) on any body, whether a citizen or a foreigner.
2. It prohibits a citizen of India from accepting any title from any foreign state.
3. A foreigner holding any office of profit or trust under the state cannot accept any title from any foreign state without the consent of the president.
4. No citizen or foreigner holding any office of profit or trust under the State is to accept any present, emolument or office from or under any foreign State without the consent of the president.

104. What kind of hereditary titles of nobility are banned by Article 18?

From the above, it is clear that the hereditary titles of nobility like Maharaja, Raj Bahadur, Rai Bahadur, Rai Saheb, Dewan Bahadur, etc, which were conferred by colonial States are banned by Article 18 as these are against the principle of equal status of all.

105. What did the Supreme Court uphold in the Balaji Raghavan case (1995)?

In the Balaji Raghavan case (1995), the Supreme Court upheld the constitutional validity of the National Awards—Bharat Ratna, Padma Vibhushan, Padma Bhushan and Padma Sri.

106. What did the Supreme Court rule regarding these awards in relation to Article 18?

It ruled that these awards do not amount to ‘titles’ within the meaning of Article 18 that prohibits only hereditary titles of nobility.

107. What did the Supreme Court rule regarding the use of National Awards?

However, it also ruled that they should not be used as suffixes or prefixes to the names of awardees. Otherwise, they should forfeit the awards.

108. When were these National Awards instituted?

These National Awards were instituted in 1954.

109. When were the National Awards discontinued and revived?

The Janata Party government headed by Morarji Desai discontinued them in 1977. But they were again revived in 1980 by the Indira Gandhi government.

110. How many Padma Awards can be given in a year?

The total number of Padma Awards to be given in a year (excluding Posthumous awards and awards given to NRIs/Foreigners/OCIs) should not be more than 120.

111. What is the maximum number of Bharat Ratna Awards that can be given in a particular year?

The number of Bharat Ratna Awards is restricted to a maximum of three in a particular year.

112. What does Article 19 guarantee to all citizens?

Article 19 guarantees to all citizens the six rights regarding freedom.

113. What are the six rights guaranteed by Article 19?

1. Right to freedom of speech and expression.
2. Right to assemble peaceably and without arms.
3. Right to form associations or unions or co-operative societies.
4. Right to move freely throughout the territory of India.
5. Right to reside and settle in any part of the territory of India.
6. Right to practice any profession or to carry on any occupation, trade or business.

114. Which right was deleted from Article 19 by the 44th Amendment Act of 1978?

The right to acquire, hold and dispose of property was deleted by the 44th Amendment Act of 1978.

115. Against whom are these six rights protected?

These six rights are protected against only state action and not private individuals.

116. To whom are these rights available?

These rights are available only to the citizens and to shareholders of a company but not to foreigners or legal persons like companies or corporations, etc.

117. On what grounds can the State impose ‘reasonable’ restrictions on the enjoyment of these six rights?

The State can impose ‘reasonable’ restrictions on the enjoyment of these six rights only on the grounds mentioned in the Article 19 itself and not on any other grounds.

118. What does Freedom of Speech and Expression imply?

It implies that every citizen has the right to express his/her views, opinions, belief and convictions freely by word of mouth, writing, printing, picturing or in any other manner.

119. What does the Supreme Court hold the freedom of speech and expression includes?

The Supreme Court held that the freedom of speech and expression includes the following:

1. Right to propagate one’s views (Freedom of circulation).
2. Freedom of the press.
3. Freedom of commercial advertisements.
4. Right against tapping of telephonic conversation.
5. Right to telecast, that is, government has no monopoly on electronic media.
6. Right against bundh called by a political party or organisation.
7. Right to know about government activities.
8. Freedom of silence.
9. Right against imposition of pre-censorship on a newspaper.
10. Right to demonstration or picketing but not right to strike.
11. Right to fly the national flag.
12. Right of voters to know the antecedents of the candidates contesting elections.
13. Right to choose the medium of instruction at the stage of primary school.
14. Right to express gender identity.
15. Right to reply (Right to answer the criticism).
16. Right to post information/videos on the internet/social media.
17. Right of film-makers to exhibit their films.
18. Right to access to the internet (Right to access to information via the internet).

120. What are the grounds on which the State can impose reasonable restrictions on the exercise of the freedom of speech and expression?

The State can impose reasonable restrictions on the grounds of sovereignty and integrity of India, security of the state, friendly relations with foreign states, public order, decency or morality, contempt of court, defamation, and incitement to an offence.

121. What does Freedom of Assembly entitle every citizen to do?

Every citizen has the right to assemble peaceably and without arms. It includes the right to hold public meetings, demonstrations and take out processions.

122. On what grounds can the State impose reasonable restrictions on the exercise of the right of assembly?

The State can impose reasonable restrictions on the grounds of sovereignty and integrity of India and public order including the maintenance of traffic in the area concerned.

123. Under which Section of Criminal Procedure Code (1973) can a magistrate restrain an assembly, meeting or procession?

Under Section 144 of Criminal Procedure Code (1973), a magistrate can restrain an assembly, meeting or procession if there is a risk of obstruction, annoyance or danger to human life, health or safety or a disturbance of the public tranquillity or a riot or any affray.

124. Under which Section of the Indian Penal Code does an assembly of five or more persons become unlawful?

Under Section 141 of the Indian Penal Code, an assembly of five or more persons becomes unlawful if the object is: (a) to resist the execution of any law or legal process; (b) to forcibly occupy the property of some person; (c) to commit any mischief or criminal trespass; (d) to force some person to do an illegal act; and (e) to threaten the government or its officials on exercising lawful powers.

125. What does Freedom of Association include?

It includes the right to form political parties, companies, partnership firms, societies, clubs, organisations, trade unions or any body of persons. It not only includes the right to start an association or union but also to continue with the association or union as such. Further, it covers the negative right of not to form or join an association or union.

126. On what grounds can reasonable restrictions be imposed on the exercise of the right to form associations or unions?

Reasonable restrictions can be imposed on the exercise of this right by the State on the grounds of sovereignty and integrity of India, public order and morality.

127. Is the right to obtain recognition of the association a fundamental right?

No, the right to obtain recognition of the association is not a fundamental right.

128. What did the Supreme Court hold regarding the right to effective bargaining or right to strike for trade unions?

The Supreme Court held that the trade unions have no guaranteed right to effective bargaining or right to strike or right to declare a lock-out.

129. What does Freedom of Movement entitle every citizen to do?

This freedom entitles every citizen to move freely throughout the territory of the country. He/she can move freely from one state to another or from one place to another within a state.

130. What is the purpose of the right to freedom of movement?

This right underline the idea that India is one unit so far as the citizens are concerned. Thus, the purpose is to promote national feeling and not parochialism.

131. What are the two grounds for imposing reasonable restrictions on the freedom of movement?

The grounds of imposing reasonable restrictions on this freedom are two: the interests of general public and the protection of interests of any scheduled tribe.

132. What did the Supreme Court hold regarding the freedom of movement of prostitutes?

The Supreme Court held that the freedom of movement of prostitutes can be restricted on the ground of public health and in the interest of public morals.

133. What did the Bombay High Court validate regarding restrictions on movement?

The Bombay High Court validated the restrictions on the movement of persons affected by AIDS.

134. What are the two dimensions of the freedom of movement?

The freedom of movement has two dimensions: internal (right to move inside the country) and external (right to move out of the country and right to come back to the country).

135. Which dimension does Article 19 protect?

Article 19 protects only the first dimension (internal).

136. Which Article deals with the second dimension of freedom of movement?

The second dimension is dealt by Article 21 (right to life and personal liberty).

137. What are the two parts of the right to reside and settle in any part of the territory of India?

1. The right to reside in any part of the country, which means to stay at any place temporarily.
2. The right to settle in any part of the country, which means to set up a home or domicile at any place permanently.

138. What is the purpose of the right to residence?

This right is intended to remove internal barriers within the country or between any of its parts. This promotes nationalism and avoids narrow mindedness.

139. What are the two grounds for imposing reasonable restrictions on the exercise of the right to reside and settle?

The State can impose reasonable restrictions on the exercise of this right on two grounds: the interest of general public and the protection of interests of any scheduled tribes.

140. What did the Supreme Court hold regarding certain areas being banned for certain kinds of persons?

The Supreme Court held that certain areas can be banned for certain kinds of persons like prostitutes and habitual offenders.

141. What does Freedom of Profession, etc. entitle all citizens to do?

All citizens are given the right to practise any profession or to carry on any occupation, trade or business.

142. What are the empowerments of the State to impose reasonable restrictions on the exercise of this right?

The State is empowered to:

1. prescribe professional or technical qualifications necessary for practising any profession or carrying on any occupation, trade or business; and
2. carry on by itself any trade, business, industry or service whether to the exclusion (complete or partial) of citizens or otherwise.

143. What does this right not include?

This right does not include the right to carry on a profession or business or trade or occupation that is immoral (trafficking in women or children) or dangerous (harmful drugs or explosives, etc.).

144. What did the Supreme Court hold in Anuradha Bhasin case (2020) regarding freedom to practice any profession over the medium of internet?

In Anuradha Bhasin case (2020), the Supreme Court held that the freedom to practice any profession or carry on any trade, business or occupation over the medium of internet enjoys constitutional protection under Article 19(1)(g).

145. What does Article 20 grant protection against?

Article 20 grants protection against arbitrary and excessive punishment to an accused person, whether citizen or foreigner or legal person like a company or a corporation.

146. What are the three provisions in Article 20?

1. No ex-post-facto law: No person shall be (i) convicted of any offence except for violation of a law in force at the time of the commission of the act, nor (ii) subjected to a penalty greater than that prescribed by the law in force at the time of the commission of the act.
2. No double jeopardy: No person shall be prosecuted and punished for the same offence more than once.
3. No self-incrimination: No person accused of any offence shall be compelled to be a witness against himself/herself.

147. What is an ex-post-facto law?

An ex-post-facto law is one that imposes penalties retrospectively (retroactively), that is, upon acts already done or which increases the penalties for such acts.

148. What is the limitation imposed by the first provision of Article 20?

This limitation is imposed only on criminal laws and not on civil laws or tax laws.

149. Does the protection (immunity) under this provision apply to preventive detention?

No, the protection (immunity) under this provision cannot be claimed in case of preventive detention or demanding security from a person.

150. Where is the protection against double jeopardy available?

The protection against double jeopardy is available only in proceedings before a court of law or a judicial tribunal.

151. To what does the protection against self-incrimination extend?

The protection against self-incrimination extends to both oral evidence and documentary evidence.

152. To what does the protection against self-incrimination not extend?

It does not extend to (i) compulsory production of material objects, (ii) compulsion to give thumb impression, specimen signature, blood specimens, and (iii) compulsory exhibition of the body.

153. To what kind of proceedings does the protection against self-incrimination extend?

It extends only to criminal proceedings and not to civil proceedings or proceedings which are not of criminal nature.

154. What does Article 21 declare?

Article 21 declares that no person shall be deprived of his/her life or personal liberty except according to procedure established by law.

155. To whom is the right under Article 21 available?

This right is available to both citizens and non-citizens.

156. What was the Supreme Court’s interpretation in the Gopalan case (1950) regarding Article 21?

In the famous Gopalan case (1950), the Supreme Court took a narrow interpretation of Article 21, holding that protection is available only against arbitrary executive action, not arbitrary legislative action.

157. What is the difference between ‘procedure established by law’ and ‘due process of law’?

The expression ‘procedure established by law’ in Article 21 is different from the expression ‘due process of law’ contained in the American Constitution.

158. What did the Supreme Court hold in the Maneka case (1978) regarding Article 21?

In Maneka case (1978), the Supreme Court overruled its judgement in the Gopalan case by taking a wider interpretation of Article 21, ruling that the right to life and personal liberty can be deprived by a law provided the procedure prescribed by that law is reasonable, fair and just and not arbitrary, fanciful or oppressive.

159. What did the Supreme Court introduce in the Maneka case regarding Article 21?

In effect, the protection under Article 21 should be available not only against arbitrary executive action but also against arbitrary legislative action. Further, the court held that the ‘right to life’ as embodied in Article 21 is not merely confined to animal existence or survival but it includes within its ambit the right to live with human dignity and all those aspects of life which go to make a man’s life meaningful, complete and worth living. It also ruled that the expression ‘Personal Liberty’ in Article 21 is of the widest amplitude and it covers a variety of rights that go to constitute the personal liberties of a man.

160. What rights has the Supreme Court declared as part of Article 21 in subsequent cases?

1. Right to live with human dignity.
2. Right to decent environment including pollution free water and air and protection against hazardous industries.
3. Right to livelihood.
4. Right to privacy.
5. Right to shelter.
6. Right to health.
7. Right to free education up to 14 years of age.
8. Right to free legal aid.
9. Right against solitary confinement.
10. Right to speedy trial.
11. Right against handcuffing.
12. Right against inhuman treatment.
13. Right against delayed execution.
14. Right to travel abroad.
15. Right against bonded labour.
16. Right against custodial harassment.
17. Right to emergency medical aid (Right to Doctor’s assistance).
18. Right to timely medical treatment in government hospital.
19. Right not to be driven out of a state.
20. Right to fair trial.
21. Right of prisoner to have necessities of life.
22. Right of women to be treated with decency and dignity.
23. Right against public hanging.
24. Right to road in hilly areas.
25. Right to information.
26. Right to reputation.
27. Right of appeal from a judgement of conviction.
28. Right to family pension.
29. Right to social and economic justice and empowerment.
30. Right against bar fetters.
31. Right to appropriate life insurance policy.
32. Right to sleep.
33. Right to freedom from noise pollution.
34. Right to sustainable development.
35. Right to opportunity.
36. Right to decent burial/cremation.
37. Right to marry a person of one’s choice.
38. Right to die with dignity (passive euthanasia).
39. Right against the adverse effects of climate change.

161. What did the Parliament enact in pursuance of Article 21A?

In pursuance of Article 21A, the Parliament enacted the Right of Children to Free and Compulsory Education (RTE) Act, 2009.

162. What does the RTE Act, 2009, seek to provide?

This Act seeks to provide that every child has a right to be provided full time elementary education of satisfactory and equitable quality in a formal school.

163. When did the Constitution (Eighty-sixth amendment) Act, 2002, and the RTE Act, 2009, come into force?

The Constitution (Eighty-sixth amendment) Act, 2002 and the Right of Children to Free and Compulsory Education Act, 2009 have come into force w.e.f. 1 April 2010.

164. What does Article 22 grant protection to?

Article 22 grants protection to persons who are arrested or detained.

165. What are the two types of detention?

Detention is of two types, namely, punitive and preventive.

166. What is punitive detention?

Punitive detention is to punish a person for an offence committed by him/her after trial and conviction in a court.

167. What is preventive detention?

Preventive detention means detention of a person without trial and conviction by a court. Its purpose is not to punish a person for a past offence but to prevent him/her from committing an offence in the near future.

168. What are the two parts of Article 22?

The Article 22 has two parts—the first part deals with the cases of ordinary law and the second part deals with the cases of preventive detention law.

169. What rights does the first part of Article 22 confer on a person arrested or detained under an ordinary law?

1. Right to be informed of the grounds of arrest.
2. Right to consult and be defended by a legal practitioner.
3. Right to be produced before a magistrate within 24 hours, excluding the journey time.
4. Right to be released after 24 hours unless the magistrate authorises further detention.

170. To whom are these safeguards not available?

These safeguards are not available to an enemy alien or a person arrested or detained under a preventive detention law.

171. What does the Supreme Court rule about the types of arrests covered by the first part of Article 22?

The Supreme Court also ruled that the arrest and detention in the first part of Article 22 do not cover arrest under the orders of a court, civil arrest, arrest on failure to pay the income tax, and deportation of an alien. They apply only to an act of a criminal or quasi-criminal nature or some activity prejudicial to public interest.

172. What does the second part of Article 22 grant protection to?

The second part of Article 22 grants protection to persons who are arrested or detained under a preventive detention law.

173. To whom is this protection available?

This protection is available to both citizens as well as aliens.

174. What are the provisions under the second part of Article 22 regarding preventive detention?

1. The detention of a person cannot exceed three months unless an advisory board reports sufficient cause for extended detention.
2. The grounds of detention should be communicated to the detenu.
3. The detenu should be afforded an opportunity to make a representation against the detention order.

175. What does Article 22 authorise the Parliament to prescribe regarding preventive detention?

Article 22 also authorises the Parliament to prescribe: (a) the circumstances and the classes of cases in which a person can be detained for more than three months under a preventive detention law without obtaining the opinion of an advisory board; (b) the maximum period for which a person can be detained in any classes of cases under a preventive detention law; and (c) the procedure to be followed by an advisory board in an enquiry.

176. How did the 44th Amendment Act of 1978 change the period of detention without an advisory board’s opinion?

The 44th Amendment Act of 1978 reduced the period of detention without obtaining the opinion of an advisory board from three to two months.

177. What is the current effective period for detention without an advisory board’s opinion?

However, this provision has not yet been brought into force, hence, the original period of three months still continues.

178. How is the legislative power with regard to preventive detention divided?

The Constitution has divided the legislative power with regard to preventive detention between the Parliament and the state legislatures.

179. What is the Parliament’s exclusive authority regarding preventive detention?

The Parliament has exclusive authority to make a law of preventive detention for reasons connected with defence, foreign affairs and the security of India.

180. What can both the Parliament and the state legislatures concurrently make laws for regarding preventive detention?

Both the Parliament as well as the state legislatures can concurrently make a law of preventive detention for reasons connected with the security of a state, the maintenance of public order and the maintenance of supplies and services essential to the community.

181. What are the preventive detention laws made by the Parliament?

1. Preventive Detention Act, 1950. Expired in 1969.
2. Maintenance of Internal Security Act (MISA), 1971. Repealed in 1978.
3. Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA), 1974.
4. National Security Act (NASA), 1980.
5. Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act (PBMSECA), 1980.
6. Terrorist and Disruptive Activities (Prevention) Act (TADA), 1985. Repealed in 1995.
7. Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act (PITNDPSA), 1988.
8. Prevention of Terrorism Act (POTA), 2002. Repealed in 2004.
9. Unlawful Activities (Prevention) Act (UAPA), 1967, as amended in 2004, 2008, 2012 and 2019.

182. What is notable about India’s inclusion of preventive detention as an integral part of the Constitution?

It is unfortunate that no democratic country in the world has made preventive detention as an integral part of the Constitution as has been done in India. It is unknown in USA.

183. What does Article 23 prohibit?

Article 23 prohibits traffic in human beings, begar (forced labour) and other similar forms of forced labour.

184. What is the consequence of contravention of Article 23?

Any contravention of this provision shall be an offence punishable in accordance with law.

185. To whom is the right under Article 23 available?

This right is available to both citizens and non-citizens.

186. Against whom does Article 23 protect the individual?

It protects the individual not only against the State but also against private persons.

187. What does the expression ‘traffic in human beings’ include?

The expression ‘traffic in human beings’ include: (a) selling and buying of men, women and children like goods; (b) immoral traffic in women and children, including prostitution; (c) devadasis; and (d) slavery.

188. What Act did Parliament implement to punish acts of ‘traffic in human beings’?

To punish these acts, the Parliament has implemented the Immoral Traffic (Prevention) Act, 1956.

189. What does the term ‘begar’ mean?

The term ‘begar’ means compulsory work without remuneration.

190. What does the term ‘forced labour’ mean?

The term ‘forced labour’ means compelling a person to work against his/her will.

191. What laws were made to address forced labour?

The Bonded Labour System (Abolition) Act, 1976; the Minimum Wages Act, 1948; the Contract Labour Act, 1970 and the Equal Remuneration Act, 1976 were made.

192. What is the exception to Article 23?

Article 23 permits the State to impose compulsory service for public purposes, as for example, military service or social service, for which it is not bound to pay.

193. What does Article 24 prohibit?

Article 24 prohibits the employment of children below the age of 14 years in any factory, mine or other hazardous activities.

194. What is the most important law in the direction of prohibiting child employment?

The Child Labour (Prohibition and Regulation) Act, 1986, is the most important law in this direction.

195. What did the Supreme Court direct in 1996 regarding child labour?

In 1996, the Supreme Court directed the establishment of Child Labour Rehabilitation Welfare Fund in which the offending employer should deposit a fine of ₹20,000 for each child employed.

196. What did the Commissions for Protection of Child Rights Act, 2005, provide for?

The Commissions for Protection of Child Rights Act, 2005 was enacted to provide for the establishment of a National Commission and State Commissions for Protection of Child Rights and Children’s Courts for providing speedy trial of offences against children or of violation of child rights.

197. When did the government ban the employment of children as domestic servants or workers in business establishments?

In 2006, the government banned the employment of children as domestic servants or workers in business establishments like hotels, dhabas, restaurants, shops, factories, resorts, spas, tea-shops and so on.

198. What did the Child Labour (Prohibition and Regulation) Amendment Act, 2016, do?

The Child Labour (Prohibition and Regulation) Amendment Act, 2016, amended the Child Labour (Prohibition and Regulation) Act, 1986. It has renamed the Principal Act as the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986.

199. What does Article 25 say about freedom of conscience and free profession, practice and propagation of religion?

Article 25 says that all persons are equally entitled to freedom of conscience and the right to freely profess, practice and propagate religion.

200. What are the implications of Article 25?

1. Freedom of conscience: Inner freedom of an individual to mould his/her relation with God or Creatures in whatever way he/she desires.
2. Right to profess: Declaration of one’s religious beliefs and faith openly and freely.
3. Right to practice: Performance of religious worship, rituals, ceremonies and exhibition of beliefs and ideas.
4. Right to propagate: Transmission and dissemination of one’s religious beliefs to others or exposition of the tenets of one’s religion.

201. Does the right to propagate include a right to convert another person to one’s own religion?

No, it does not include a right to convert another person to one’s own religion. Forcible conversions impinge on the ‘freedom of conscience’.

202. What do Article 25 rights cover?

Article 25 covers not only religious beliefs (doctrines) but also religious practices (rituals).

203. To whom are these rights available?

These rights are available to all persons—citizens as well as non-citizens.

204. What are the limitations on these rights?

However, these rights are subject to public order, morality, health and other provisions relating to fundamental rights.

205. What is the State permitted to do regarding religious practice?

The State is permitted to:

1. regulate or restrict any economic, financial, political or other secular activity associated with religious practice; and
2. provide for social welfare and reform or throw open Hindu religious institutions of a public character to all classes and sections of Hindus.

206. What two explanations does Article 25 contain regarding the Sikh religion and Hindus?

1. Wearing and carrying of kirpans is to be included in the profession of the Sikh religion.
2. The Hindus, in this context, include Sikhs, Jains and Buddhists.

207. What does Article 26 guarantee to every religious denomination or any of its section?

According to Article 26, every religious denomination or any of its section shall have the following rights:

1. Right to establish and maintain institu-tions for religious and charitable purposes;
2. Right to manage its own affairs in matters of religion;
3. Right to own and acquire movable and immovable property; and
4. Right to administer such property in accordance with law.

208. What is the difference between Article 25 and Article 26 in terms of guaranteed rights?

Article 25 guarantees rights of individuals, while Article 26 guarantees rights of religious denominations or their sections.

209. What are the limitations on the rights under Article 26?

Like the rights under Article 25, the rights under Article 26 are also subject to public order, morality and health but not subject to other provisions relating to the Fundamental Rights.

210. What three conditions did the Supreme Court hold a religious denomination must satisfy?

1. It should be a collection of individuals who have a system of beliefs (doctrines) which they regard as conducive to their spiritual well-being.
2. It should have a common organisation.
3. It should be designated by a distinctive name.

211. What did the Supreme Court hold regarding ‘Ramakrishna Mission’ and ‘Ananda Marga’?

Under the above criteria, the Supreme Court held that the ‘Ramakrishna Mission’ and ‘Ananda Marga’ are religious denominations within the Hindu religion.

212. What did the Supreme Court hold regarding Aurobindo Society?

It also held that Aurobindo Society is not a religious denomination.

213. What does Article 27 lay down regarding taxation for promotion of a religion?

Article 27 lays down that no person shall be compelled to pay any taxes for the promotion or maintenance of any particular religion or religious denomination.

214. What does this provision prohibit the State from doing?

This provision prohibits the State from favouring, patronising and supporting one religion over the other.

215. Can taxes be used for the promotion or maintenance of all religions?

Yes, this means that the taxes can be used for the promotion or maintenance of all religions.

216. Does this provision prohibit the levy of a fee?

This provision prohibits only levy of a tax and not a fee.

217. Why is the levy of a fee permitted?

This is because the purpose of a fee is to control secular administration of religious institutions and not to promote or maintain religion.

218. What does Article 28 state regarding religious instruction in educational institutions?

Under Article 28, no religious instruction shall be provided in any educational institution wholly maintained out of State funds.

219. What are the exceptions to this provision?

However, this provision shall not apply to an educational institution administered by the State but established under any endowment or trust, requiring imparting of religious instruction in such institution.

220. What is required for a person attending an educational institution recognised by the State or receiving aid to attend religious instruction?

No person attending any educational institution recognised by the State or receiving aid out of State funds shall be required to attend any religious instruction or worship in that institution without his/her consent.

221. What is required in case of a minor?

In case of a minor, the consent of his/her guardian is needed.

222. What are the four types of educational institutions distinguished by Article 28?

1. Institutions wholly maintained by the State.
2. Institutions administered by the State but established under any endowment or trust.
3. Institutions recognised by the State.
4. Institutions receiving aid from the State.

223. In which type of institution is religious instruction completely prohibited?

In Institutions wholly maintained by the State.

224. In which type of institution is religious instruction permitted?

In Institutions administered by the State but established under any endowment or trust.

225. In which types of institutions is religious instruction permitted on a voluntary basis?

In Institutions recognised by the State and Institutions receiving aid from the State.

226. What does Article 29 provide for regarding the interests of minorities?

Article 29 provides that any section of the citizens residing in any part of India having a distinct language, script or culture of its own, shall have the right to conserve the same.

227. What does Article 29 state regarding admission to educational institutions?

Further, no citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, or language.

228. What does the first provision of Article 29 protect?

The first provision protects the right of a group.

229. What does the second provision of Article 29 guarantee?

The second provision guarantees the right of a citizen as an individual irrespective of the community to which he/she belongs.

230. To whom does Article 29 grant protection?

Article 29 grants protection to both religious minorities as well as linguistic minorities.

231. What did the Supreme Court hold regarding the scope of Article 29?

The Supreme Court held that the scope of this article is not necessarily restricted to minorities only, as it is commonly assumed to be.

232. What did the Supreme Court hold regarding the right to conserve language?

The Supreme Court also held that the right to conserve the language includes the right to agitate for the protection of the language.

233. What does Article 30 grant to minorities?

Article 30 grants the following rights to minorities, whether religious or linguistic:

1. All minorities shall have the right to establish and administer educational institutions of their choice.
2. The compensation amount fixed by the State for the compulsory acquisition of any property of a minority educational institution shall not restrict or abrogate the right guaranteed to them.
3. In granting aid, the State shall not discriminate against any educational institution managed by a minority.

234. What was added by the 44th Amendment Act of 1978 to protect the right of minorities regarding property acquisition?

The provision regarding compensation amount for compulsory acquisition of minority educational institution property was added by the 44th Amendment Act of 1978.

235. What is the scope of protection under Article 30?

The protection under Article 30 is confined only to minorities (religious or linguistic) and does not extend to any section of citizens (as under Article 29).

236. Has the term ‘minority’ been defined anywhere in the Constitution?

No, the term ‘minority’ has not been defined anywhere in the Constitution.

237. What does the right under Article 30 also include?

The right under Article 30 also includes the right of a minority to impart education to its children in its own language.

238. What are the three types of minority educational institutions?

1. institutions that seek recognition as well as aid from the State;
2. institutions that seek only recognition from the State and not aid; and
3. institutions that neither seek recognition nor aid from the State.

239. What is the applicability of state regulatory power to these institutions?

The institutions of first and second type are subject to the regulatory power of the state with regard to syllabus prescription, academic standards, discipline, sanitation, employment of teaching staff and so on. The institutions of third type are free to administer their affairs but subject to operation of general laws like contract law, labour law, industrial law, tax law, economic regulations, and so on.

240. What did the Supreme Court summarize in the Secretary of Malankara Syrian Catholic College case (2006) regarding the rights of minorities to establish and administer educational institutions?

The Supreme Court summarized the general principles relating to establishment and administration of minority educational institutions in the following way:

1. The right of minorities to establish and administer educational institutions of their choice comprises the following rights:
   1. To choose its governing body.
   2. To appoint teaching staff (teachers/lecturers and head-masters/principals) as also non-teaching staff; and to take action if there is dereliction of duty.
   3. To admit eligible students of their choice and to set up a reasonable fee structure.
   4. To use its properties and assets for the benefit of the institution.

241. What is the purpose of the right conferred on minorities under Article 30?

The right conferred on minorities under Article 30 is only to ensure equality with the majority and not intended to place the minorities in a more advantageous position vis-à-vis the majority.

242. Do general laws of the land apply to minority institutions?

Yes, the general laws of the land relating to national interest, national security, social welfare, public order, morality, health, sanitation, taxation etc., applicable to all, will equally apply to minority institutions also.

243. Is the right to establish and administer educational institutions absolute?

No, the right to establish and administer educational institutions is not absolute. Nor does it include the right to maladminister.

244. What kind of measures can the State impose on minority institutions?

There can be regulatory measures for ensuring educational character and standards and maintaining academic excellence.

245. What is the status of unaided minority educational institutions regarding appointing teachers/lecturers?

Subject to the eligibility conditions/qualifications prescribed by the State being met, the unaided minority educational institutions will have the freedom to appoint teachers/lecturers by adopting any rational procedure of selection.

246. Does the extension of aid by the State alter the nature of minority educational institutions?

No, extension of aid by the State, does not alter the nature and character of the minority educational institutions.

247. What does Article 32 confer?

Article 32 confers the right to remedies for the enforcement of the fundamental rights of an aggrieved citizen.

248. What did Dr. Ambedkar call Article 32?

Dr. Ambedkar called Article 32 as the most important article of the Constitution—‘an Article without which this constitution would be a nullity. It is the very soul of the Constitution and the very heart of it’.

249. What has the Supreme Court ruled regarding Article 32?

The Supreme Court has ruled that Article 32 is a basic feature of the Constitution. Hence, it cannot be abridged or taken away even by way of an amendment to the Constitution.

250. What are the four provisions contained in Article 32?

1. The right to move the Supreme Court by appropriate proceedings for the enforcement of the Fundamental Rights is guaranteed.
2. The Supreme Court shall have power to issue directions or orders or writs for the enforcement of any of the fundamental rights.
3. Parliament can empower any other court to issue directions, orders and writs of all kinds.
4. The right to move the Supreme Court shall not be suspended except as otherwise provided for by the Constitution.

251. What can the President suspend during a national emergency regarding fundamental rights?

The Constitution provides that the President can suspend the right to move any court for the enforcement of the fundamental rights during a national emergency (Article 359).

252. What is the Supreme Court’s role regarding fundamental rights?

The Supreme Court has been constituted as the defender and guarantor of the fundamental rights of the citizens.

253. What kind of powers is the Supreme Court vested with?

It has been vested with the ‘original’ and ‘wide’ powers for that purpose.

254. What is the purpose of Article 32?

The purpose of Article 32 is to provide a guaranteed, effective, expeditious, inexpensive and summary remedy for the protection of the fundamental rights.

255. What is the sine qua non for the exercise of the right conferred by Article 32?

The violation of a fundamental right is the sine qua non for the exercise of the right conferred by Article 32.

256. Can the Supreme Court determine a question that does not involve Fundamental Rights under Article 32?

No, the Supreme Court, under Article 32, cannot determine a question that does not involve Fundamental Rights.

257. What is the jurisdiction of the Supreme Court in case of enforcement of Fundamental Rights?

In case of the enforcement of Fundamental Rights, the jurisdiction of the Supreme Court is original but not exclusive.

258. What is the jurisdiction of the high court under Article 226?

It is concurrent with the jurisdiction of the high court under Article 226. It vests original powers in the high court to issue directions, orders and writs of all kinds for the enforcement of the Fundamental Rights.

259. What is the Supreme Court’s ruling regarding alternative remedies under Article 226?

The Supreme Court has ruled that where relief through high court is available under Article 226, the aggrieved party should first move the high court.

260. What are the five types of writs that the Supreme Court and high courts can issue?

The Supreme Court (under Article 32) and the high courts (under Article 226) can issue the writs of habeas corpus, mandamus, prohibition, certiorari and quo-warranto.

261. What are these writs known as in English law?

These writs are borrowed from English law where they are known as ‘prerogative writs’.

262. What does Habeas Corpus literally mean?

It is a Latin term which literally means ‘to have the body of’.

263. What is the purpose of the writ of Habeas Corpus?

It is an order issued by the court to a person who has detained another person, to produce the body of the latter before it. The court then examines the cause and legality of detention. It would set the detained person free, if the detention is found to be illegal.

264. What is the writ of Habeas Corpus a bulwark of?

Thus, this writ is a bulwark of individual liberty against arbitrary detention.

265. Against whom can the writ of Habeas Corpus be issued?

The writ of habeas corpus can be issued against both public authorities as well as private individuals.

266. When is the writ of Habeas Corpus not issued?

The writ is not issued where the (a) detention is lawful, (b) the proceeding is for contempt of a legislature or a court, (c) detention is by a competent court, and (d) detention is outside the jurisdiction of the court.

267. What does Mandamus literally mean?

It literally means ‘we command’.

268. What is the purpose of the writ of Mandamus?

It is a command issued by the court to a public official asking him/her to perform his/her official duties that he/she has failed or refused to perform. It can also be issued against any public body, a corporation, an inferior court, a tribunal or government for the same purpose.

269. Against whom can the writ of Mandamus not be issued?

The writ of mandamus cannot be issued: (a) against a private individual or body; (b) to enforce departmental instruction that does not possess statutory force; (c) when the duty is discretionary and not mandatory; (d) to enforce a contractual obligation; and (e) against the president of India or the state governors.

270. What does Prohibition literally mean?

Literally, it means ‘to forbid’.

271. What is the purpose of the writ of Prohibition?

It is issued by a higher court to a lower court or tribunal to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction that it does not possess.

272. What is the difference between Mandamus and Prohibition?

Unlike mandamus that directs activity, the prohibition directs inactivity.

273. Against whom can the writ of Prohibition be issued?

The writ of prohibition can be issued only against judicial and quasi-judicial authorities.

274. What does Certiorari literally mean?

In the literal sense, it means ‘to be certified’ or ‘to be informed’.

275. What is the purpose of the writ of Certiorari?

It is issued by a higher court to a lower court or tribunal to quash the order passed by the latter in a case.

276. On what grounds is the writ of Certiorari issued?

It is issued on the grounds of excess of jurisdiction or lack of jurisdiction.

277. What is the difference in application stages between the writs of Prohibition and Certiorari?

The prohibition is issued before the final order is passed for stopping the further continuance of the proceedings, whereas the certiorari is issued after the final order is passed for quashing the same.

278. Against whom could the writ of Certiorari be issued initially, and what changed later?

Initially, the writ of certiorari could be issued only against judicial and quasi-judicial authorities and not against administrative authorities. However, later the Supreme Court ruled that the certiorari can be issued even against administrative authorities affecting rights of individuals.

279. What does Quo-Warranto literally mean?

In the literal sense, it means ‘by what authority or warrant’.

280. What is the purpose of the writ of Quo-Warranto?

It is issued by the court to enquire into the legality of claim of a person to a public office. Hence, it prevents illegal usurpation of public office by a person.

281. In what cases can the writ of Quo-Warranto be issued?

This writ can be issued only in case of a substantive public office of a permanent character created by a statute or by the Constitution.

282. In what cases can the writ of Quo-Warranto not be issued?

It cannot be issued in cases of ministerial office or private office.

283. Who can seek the writ of Quo-Warranto?

This writ can be sought by any public minded person and not necessarily by the aggrieved person.

284. What does Article 33 empower the Parliament to do?

Article 33 empowers the Parliament to restrict or abrogate the fundamental rights of the members of armed forces, para-military forces, police forces, intelligence agencies and analogous forces.

285. What is the objective of Article 33?

The objective of this provision is to ensure the proper discharge of their duties and the maintenance of discipline among them.

286. Who has the power to make laws under Article 33?

The power to make laws under Article 33 is conferred only on Parliament and not on state legislatures.

287. Can a law made by Parliament under Article 33 be challenged in any court?

No, any such law made by Parliament cannot be challenged in any court on the ground of contravention of any of the fundamental rights.

288. What are some of the laws enacted by Parliament under Article 33?

The Army Act (1950), the Navy Act (1950), the Air Force Act (1950), the Police Forces (Restriction of Rights) Act, 1966, the Border Security Force Act and so on.

289. What does the expression ‘members of the armed forces’ cover?

The expression ‘members of the armed forces’ also covers such employees of the armed forces as barbers, carpenters, mechanics, cooks, chowkidars, bootmakers, tailors who are non-combatants.

290. Can a parliamentary law enacted under Article 33 exclude the court martial from the writ jurisdiction?

A parliamentary law enacted under Article 33 can also exclude the court martial (tribunals established under the military law) from the writ jurisdiction of the Supreme Court and the high courts, so far as the enforcement of Fundamental Rights is concerned.

291. What does Article 34 provide for?

Article 34 provides for the restrictions on fundamental rights while martial law is in force in any area within the territory of India.

292. What does Article 34 empower the Parliament to do regarding acts done during martial law?

It empowers the Parliament to indemnify any government servant or any other person for any act done by him/her in connection with the maintenance or restoration of order in any area where martial law was in force.

293. Can an Act of Indemnity made by the Parliament be challenged in any court?

No, the Act of Indemnity made by the Parliament cannot be challenged in any court on the ground of contravention of any of the fundamental rights.

294. From where has the concept of martial law been borrowed in India?

The concept of martial law has been borrowed in India from the English common law.

295. Has the expression ‘martial law’ been defined anywhere in the Constitution?

No, the expression ‘martial law’ has not been defined anywhere in the Constitution.

296. What does ‘military rule’ refer to?

Literally, it means ‘military rule’. It refers to a situation where civil administration is run by the military authorities according to their own rules and regulations framed outside the ordinary law.

297. What is the difference between martial law and military law?

It is different from the military law that is applicable to the armed forces.

298. What are the extraordinary circumstances under which martial law is imposed?

The martial law is imposed under the extraordinary circumstances like war, invasion, insurrection, rebellion, riot or any violent resistance to law.

299. What are the differences between Martial Law and National Emergency?

Feature	Martial Law	National Emergency
Effect on Fundamental Rights	It affects only Fundamental Rights.	It affects not only Fundamental Rights but also Centre–state relations, distribution of revenues and legislative powers between centre and states and may extend the tenure of the Parliament.
Effect on Government and Courts	It suspends the government and ordinary law courts.	It continues the government and ordinary law courts.
Grounds of Imposition	It is imposed to restore the breakdown of law and order due to any reason.	It can be imposed only on three grounds—war, external aggression or armed rebellion.
Area of Imposition	It is imposed in some specific area of the country.	It is imposed either in the whole country or in any part of it.
Constitutional Provision	It has no specific provision in the Constitution. It is implicit.	It has specific and detailed provision in the Constitution. It is explicit.

300. What does Article 35 lay down?

Article 35 lays down that the power to make laws, to give effect to certain specified fundamental rights shall vest only in the Parliament and not in the state legislatures.

301. What is the purpose of Article 35?

This provision ensures that there is uniformity throughout India with regard to the nature of those fundamental rights and punishment for their infringement.

302. What are the provisions contained in Article 35?

1. The Parliament shall have (and the legislature of a state shall not have) power to make laws with respect to the following matters:
   1. Prescribing residence as a condition for certain employments or appointments in a state or union territory or local authority or other authority (Article 16).
   2. Empowering courts other than the Supreme Court and the high courts to issue directions, orders and writs of all kinds for the enforcement of fundamental rights (Article 32).
   3. Restricting or abrogating the application of Fundamental Rights to members of armed forces, police forces, etc. (Article 33).
   4. Indemnifying any government servant or any other person for any act done during the operation of martial law in any area (Article 34).
2. Parliament shall have (and the legislature of a state shall not have) powers to make laws for prescribing punishment for those acts that are declared to be offences under the fundamental rights. These include the following:
   1. Untouchability (Article 17).
   2. Traffic in human beings and forced labour (Article 23).
3. Any law in force at the commencement of the Constitution with respect to any of the matters specified above is to continue in force until altered or repealed or amended by the Parliament.

303. What does Article 35 extend the competence of the Parliament to do?

Article 35 extends the competence of the Parliament to make a law on the matters specified above, even though some of those matters may fall within the sphere of the state legislatures (i.e., State List).

304. What was the original status of the right to property?

Originally, the right to property was one of the seven fundamental rights under Part III of the Constitution.

305. What articles dealt with the right to property?

It was dealt by Article 19(1)(f) and Article 31.

306. What did Article 19(1)(f) guarantee?

Article 19(1)(f) guaranteed to every citizen the right to acquire, hold and dispose of property.

307. What did Article 31 guarantee?

Article 31, on the other hand, guaranteed to every person, whether citizen or non-citizen, right against deprivation of his/her property. It provided that no person shall be deprived of his/her property except by authority of law.

308. What were the two conditions for the State to acquire or requisition property under Article 31?

1. It should be for public purpose.
2. It should provide for payment of compensation (amount) to the owner.

309. What has been the most controversial Fundamental Right since the commencement of the Constitution?

Since the commencement of the Constitution, the Fundamental Right to Property has been the most controversial.

310. What has the Right to Property led to?

It has led to a number of Constitutional amendments, that is, 1st, 4th, 7th, 25th, 39th, 40th and 42nd Amendments.

311. What articles have been added and modified to nullify Supreme Court judgements and protect certain laws?

Through these amendments, Articles 31A, 31B and 31C have been added and modified from time to time to nullify the effect of Supreme Court judgements and to protect certain laws from being challenged on the grounds of contravention of Fundamental Rights.

312. What did the 44th Amendment Act of 1978 do to the right to property?

Therefore, the 44th Amendment Act of 1978 abolished the right to property as a Fundamental Right by repealing Article 19(1)(f) and Article 31 from Part III.

313. What new article was inserted by the 44th Amendment Act of 1978 regarding the right to property?

Instead, the Act inserted a new Article 300A in Part XII under the heading ‘Right to Property’.

314. What is the current status of the right to property?

Thus, the right to property still remains a legal right or a constitutional right, though no longer a fundamental right. It is not a part of the basic structure of the Constitution.

315. What are the implications of the right to property as a legal right?

1. It can be regulated i.e., curtailed, abridged or modified without constitutional amendment by an ordinary law of the Parliament.
2. It protects private property against executive action but not against legislative action.
3. In case of violation, the aggrieved person cannot directly move the Supreme Court under Article 32 for its enforcement. He/she can move the High Court under Article 226.
4. No guaranteed right to compensation in case of acquisition or requisition of the private property by the state.

316. What are the two provisions in Part III that still provide for the guaranteed right to compensation in case of acquisition or requisition of private property by the state?

1. When the State acquires the property of a minority educational institution (Article 30).
2. When the State acquires the land held by a person under his personal cultivation and the land is within the statutory ceiling limits (Article 31 A).

317. Which amendment added the first provision (minority educational institution property)?

The first provision was added by the 44th Amendment Act (1978).

318. Which amendment added the second provision (land under personal cultivation)?

The second provision was added by the 17th Amendment Act (1964).

319. What articles have been retained as exceptions to the fundamental rights?

Further, Articles 31A, 31B and 31C have been retained as exceptions to the fundamental rights.

320. What does Article 31A save five categories of laws from?

Article 31A saves five categories of laws from being challenged and invalidated on the ground of contravention of the fundamental rights conferred by Article 14 and Article 19.

321. What are the five categories of laws saved by Article 31A?

1. Acquisition of estates and related rights by the State.
2. Taking over the management of properties by the State.
3. Amalgamation of corporations.
4. Extinguishment or modification of rights of directors or shareholders of corporations.
5. Extinguishment or modification of mining leases.

322. When does Article 31A not immunise a state law from judicial review?

Article 31A does not immunise a state law from judicial review unless it has been reserved for the president’s consideration and has received his/her assent.

323. What does Article 31B save?

Article 31B saves the acts and regulations included in the Ninth Schedule from being challenged and invalidated on the ground of contravention of any of the fundamental rights.

324. How does the scope of Article 31B compare to Article 31A?

Thus, the scope of Article 31B is wider than Article 31A.

325. What did the Supreme Court rule in the Kesavananda Bharati case (1973) regarding laws in the Ninth Schedule?

In the Kesavananda Bharati case (1973), the Supreme Court ruled that the acts and regulations that are included in the Ninth Schedule are open to challenge on the grounds of being violative of the basic structure of the condition.

326. What did the Supreme Court clarify in the Waman Rao case (1980)?

This was later clarified by the court in the Waman Rao case (1980) wherein it held that the various acts and regulations includes in the Ninth Schedule after April 24, 1973 (date of judgement in the Kesavananda Bharati case) are valid only if they do not damage the basic structure of the constitution.

327. What did the Supreme Court reaffirm in the I.R. Coelho case (2007)?

Again, in the I.R. Coelho case (2007), the Supreme Court reaffirmed the above view. In this case, the court ruled that there could not be any blanket immunity from judicial review of the laws included in the Ninth Schedule.

328. What did the Court say regarding judicial review as a basic feature?

It held that judicial review is a ‘basic feature’ of the constitution and it could not be taken away putting a law under the Ninth Schedule.

329. How many acts and regulations did the Ninth Schedule originally contain in 1951, and how many are there presently?

Originally (in 1951), the Ninth Schedule contained only 13 acts and regulations but at present, their number is 282.

330. What does Article 31C, inserted by the 25th Amendment Act of 1971, contain?

Article 31C, inserted by the 25th Amendment Act of 1971, contains the following two provisions:

1. No law that seeks to implement the socialistic directive principles specified in Article 39(b) or (c) shall be void on the ground of contravention of the fundamental rights conferred by Article 14 or Article 19.
2. No law containing a declaration that it is for giving effect to such policy shall be questioned in any court on the ground that it does not give effect to such a policy.

331. What did the Supreme Court declare in the Kesavananda Bharati case (1973) regarding Article 31C?

In the Kesavananda Bharati case (1973), the Supreme Court declared the above (b) provision as unconstitutional and invalid on the ground that judicial review is a basic feature of the Constitution. However, the above (a) provision was held to be constitutional and valid.

332. How did the 42nd Amendment Act (1976) extend the scope of Article 31C?

The 42nd Amendment Act (1976) extended the scope of the above (a) provision by including within its protection any law to implement any of the directive principles specified in Part IV of the Constitution and not merely in Article 39 (b) or (c).

333. What was the effect of this extension?

In other words, the 42nd Amendment Act accorded the position of legal primacy and supremacy to the Directive Principles over the Fundamental Rights conferred by Articles 14, 19 and 31.

334. What did the Supreme Court declare in the Minerva Mills case (1980) regarding this extension?

However, this extension was declared as unconstitutional and invalid by the Supreme Court in the Minerva Mills case (1980).

335. What was the outcome of the Minerva Mills case (1980) regarding the relationship between Fundamental Rights and Directive Principles?

It means that the Directive Principles were once again made subordinate to the Fundamental Rights. But the Fundamental Rights conferred by Article 14 and Article 19 were accepted as subordinate to the Directive Principles specified in Article 39 (b) and (c).

336. What did the Supreme Court hold in the Minerva Mills case (1980) regarding the balance between Fundamental Rights and Directive Principles?

In the Minerva Mills case (1980), the Supreme Court also held that ‘the Indian Constitution is founded on the bedrock of the balance between the Fundamental Rights and the Directive Principles’.

337. What is the present position regarding the supremacy of Fundamental Rights over Directive Principles?

Therefore, the present position is that the Fundamental Rights enjoy supremacy over the Directive Principles.

338. What is the limitation on Parliament’s ability to amend Fundamental Rights for implementing Directive Principles?

The Parliament can amend the Fundamental Rights for implementing the Directive Principles, so long as the amendment does not damage or destroy the basic structure of the Constitution.

339. What are the criticisms of the Fundamental Rights?

1. Excessive Limitations
2. No Social and Economic Rights
3. No Clarity
4. No Permanency
5. Suspension During Emergency
6. Expensive Remedy
7. Preventive Detention
8. No Consistent Philosophy

340. Why are Fundamental Rights criticized for Excessive Limitations?

They are subjected to innumerable exceptions, restrictions, qualifications and explanations. Hence, critics remarked that the Constitution grants Fundamental Rights with one hand and takes them away with the other.

341. What did Jaspat Roy Kapoor suggest renaming the chapter on fundamental rights to?

Jaspat Roy Kapoor went to the extent of saying that the chapter dealing with the fundamental rights should be renamed as ‘Limitaions on Fundamental Rights’ or ‘fundamental rights and Limitations Thereon’.

342. Why are Fundamental Rights criticized for No Social and Economic Rights?

The list is not comprehensive as it mainly consists of political rights, making no provision for important social and economic rights like right to social security, right to work, right to employment, right to rest and leisure.

343. Why are Fundamental Rights criticized for No Clarity?

They are stated in a vague, indefinite and ambiguous manner. The language used is complicated and beyond common comprehension.

344. What did Sir Ivor Jennings call the Constitution of India due to its complicated language?

Sir Ivor Jennings called the Constitution of India a ‘paradise for lawyers’.

345. Why are Fundamental Rights criticized for No Permanency?

They are not sacrosanct or immutable as the Parliament can curtail or abolish them, as for example, the abolition of the fundamental right to property in 1978.

346. What is the only limitation on Parliament’s authority to curtail or abolish fundamental rights?

The judicially innovated ‘doctrine of basic structure’ is the only limitation on the authority of Parliament to curtail or abolish the fundamental right.

347. Why are Fundamental Rights criticized for Suspension During Emergency?

The suspension of their enforcement during the operation of National Emergency (except Articles 20 and 21) is another blot on the efficacy of these rights, as it cuts at the roots of democratic system by placing the rights of millions of innocent people in continuous jeopardy.

348. Why are Fundamental Rights criticized for being an Expensive Remedy?

The judicial process is too expensive and hinders the common man from getting his/her rights enforced through the courts. Hence, critics say that the rights benefit mainly the rich section of the Indian Society.

349. Why are Fundamental Rights criticized for the provision of Preventive Detention?

Critics assert that the provision for preventive detention (Article 22) takes away the spirit and substance of the chapter on fundamental rights, conferring arbitrary powers on the State and negating individual liberty.

350. Why are Fundamental Rights criticized for No Consistent Philosophy?

According to some critics, the chapter on fundamental rights is not the product of any philosophical principle. This creates difficulty for the Supreme Court and high courts in interpreting them.

351. What are the significant aspects of Fundamental Rights despite criticisms?

1. They constitute the bedrock of the democratic system in the country.
2. They provide necessary conditions for the material and moral protection of man.
3. They serve as a formidable bulwark of individual liberty.
4. They facilitate the establishment of rule of law in the country.
5. They protect the interests of minorities and weaker sections of society.
6. They strengthen the secular fabric of the Indian State.
7. They check the absoluteness of the authority of the government.
8. They lay down the foundation stone of social equality and social justice.
9. They ensure the dignity and respect of individuals.
10. They facilitate the participation of people in the political and administrative process.

352. What are the rights outside Part III of the Constitution known as?

Besides the Fundamental Rights included in Part III, there are certain other rights contained in other parts of the Constitution. These rights are known as constitutional rights or legal rights or non-fundamental rights.

353. What does Article 265 (in Part XII) deal with?

No tax shall be levied or collected except by authority of law.

354. What does Article 300-A (in Part XII) deal with?

No person shall be deprived of his/her property save by authority of law.

355. What does Article 301 (in Part XIII) deal with?

Trade, commerce and intercourse throughout the territory of India shall be free.

356. What does Article 326 (in Part XV) deal with?

The elections to the Lok Sabha and the State Legislative Assembly shall be on the basis of adult suffrage.

357. How do these rights outside Part III differ from Fundamental Rights in terms of enforcement?

Even though the above rights are equally justiciable, they are different from the Fundamental Rights. In case of violation of a Fundamental Right, the aggrieved person can directly move the Supreme Court for its enforcement under Article 32, which is in itself a fundamental right. But, in case of violation of the above rights, the aggrieved person cannot avail this constitutional remedy. He/she can move the High Court by an ordinary suit or under Article 226 (writ jurisdiction of high court).

358. What does Article 12 deal with?

Definition of State.

359. What does Article 13 deal with?

Laws inconsistent with or in derogation of the Fundamental Rights.

360. What does Article 14 deal with?

Equality before law.

361. What does Article 15 deal with?

Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.

362. What does Article 16 deal with?

Equality of opportunity in matters of public employment.

363. What does Article 17 deal with?

Abolition of untouchability.

364. What does Article 18 deal with?

Abolition of titles.

365. What does Article 19 deal with?

Protection of certain rights regarding freedom of speech, etc.

366. What does Article 20 deal with?

Protection in respect of conviction for offences.

367. What does Article 21 deal with?

Protection of life and personal liberty.

368. What does Article 21A deal with?

Right to education.

369. What does Article 22 deal with?

Protection against arrest and detention in certain cases.

370. What does Article 23 deal with?

Prohibition of traffic in human beings and forced labour.

371. What does Article 24 deal with?

Prohibition of employment of children in factories, etc.

372. What does Article 25 deal with?

Freedom of conscience and free profession, practice and propagation of religion.

373. What does Article 26 deal with?

Freedom to manage religious affairs.

374. What does Article 27 deal with?

Freedom as to payment of taxes for promotion of any particular religion.

375. What does Article 28 deal with?

Freedom as to attendance at religious instruction or religious worship in certain educational institutions.

376. What does Article 29 deal with?

Protection of interests of minorities.

377. What does Article 30 deal with?

Right of minorities to establish and administer educational institutions.

378. What does Article 31 deal with?

Compulsory acquisition of property—(Repealed).

379. What does Article 31A deal with?

Saving of laws providing for acquisition of estates, etc.

380. What does Article 31B deal with?

Validation of certain Acts and Regulations.

381. What does Article 31C deal with?

Saving of laws giving effect to certain directive principles.

382. What does Article 31D deal with?

Saving of laws in respect of anti-national activities—(Repealed).

383. What does Article 32 deal with?

Remedies for enforcement of rights conferred by this part.

384. What does Article 32A deal with?

Constitutional validity of State laws not to be considered in proceedings under Article 32—(Repealed).

385. What does Article 33 deal with?

Power of Parliament to modify the rights conferred by this part in their application to forces, etc.

386. What does Article 34 deal with?

Restriction on rights conferred by this part while martial law is in force in any area.

387. What does Article 35 deal with?

Legislation to give effect to the provisions of this part.

388. What is ‘Magna Carta’?

‘Magna Carta’ is the Charter of Rights issued by King John of England in 1215 under pressure from the barons. This is the first written document relating to the Fundamental Rights of citizens.

389. What case is Kesavananda Bharati vs. State of Kerala?

Kesavananda Bharati vs. State of Kerala (1973).

390. What did Dicey observe about the Rule of Law?

Dicey observed: “No man is above the law, but every man, whatever be his rank or condition, is subject to the ordinary law of the realm and amenable to the jurisdiction of the ordinary tribunals. Every official from the Prime Minister down to a constable or a collector of taxes, is under the same responsibility for every act done without legal justification as any other citizen”.

391. What was added by the First Amendment Act of 1951?

This provision was added by the First Amendment Act of 1951.

392. What did Article 371D provide for?

By virtue of Article 371D inserted by the 32nd Constitutional Amendment Act of 1973.

393. What did the Andhra Pradesh Reorganisation Act, 2014, do regarding Article 371D?

Article 371D has been extended to the state of Telangana by the Andhra Pradesh Reorganisation Act, 2014.

394. When was the first Backward Classes Commission appointed, and under whose chairmanship?

The first Backward Classes Commission was appointed in 1953 under the chairmanship of Kaka Kalelkar. It submitted its report in 1955.

395. What did the Supreme Court rule in 1963 regarding job reservation?

In 1963, the Supreme Court ruled that more than 50% reservation of jobs in a single year would be unconstitutional.

396. What case is Indra Sawhney vs. Union of India?

Indra Sawhney vs. Union of India (1992).

397. What is the Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of seats in educational institutions and of appointments or posts in the services under the state) Act, 1993?

The Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of seats in educational institutions and of appointments or posts in the services under the state) Act, 1993.

398. What case is People’s Union for Democratic Rights vs. Union of India?

People’s Union for Democratic Rights vs. Union of India (1982).

399. What case is Balaji Raghavan vs. Union of India?

Balaji Raghavan vs. Union of India (1995).

400. What was the provision for “co-operative societies” made by?

The provision for “co-operative societies” was made by the 97th Constitutional Amendment Act of 2011.

401. What case is Anuradha Bhasin vs. Union of India?

Anuradha Bhasin vs. Union of India (2020).

402. What case is A K Gopalan vs. State of Madras?

A K Gopalan vs. State of Madras (1950).

403. What case is Maneka Gandhi vs. Union of India?

Maneka Gandhi vs. Union of India (1978).

404. What case is Unni Krishnan vs. State of Andhra Pradesh?

Unni Krishnan vs. State of Andhra Pradesh (1993).

405. What case is Mohini Jain vs. State of Karnataka?

Mohini Jain vs. State of Karnataka (1992).

406. What was the Immoral Traffic in Women and Girls Act, 1956, originally known as?

Originally known as the Suppression of Immoral Traffic in Women and Girls Act, 1956.

407. What does the clause in Article 25 mean by ‘Hindus’?

In this clause, the reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina and Buddhist religion and the reference to Hindu religious institutions shall be construed accordingly (Article 25).

408. What case is Secretary of the Malankara Syrian Catholic College vs. T. Jose?

Secretary of the Malankara Syrian Catholic College vs. T. Jose (2006).

409. What was the second provision added by the 15th Constitutional Amendment Act of 1963?

The second provision was added by the 15th Constitutional Amendment Act of 1963.

410. What was added by the 1st Constitutional Amendment Act of 1951 and amended by the 4th, 17th and 44th Amendments?

Added by the 1st Constitutional Amendment Act of 1951 and amended by the 4th, 17th and 44th Amendments.

411. What does the expression ‘estate’ include?

The expression ‘estate’ includes any jagir, inam, muafi or other similar grant, any janmam right in Tamil Nadu and Kerala and any land held for agricultural purposes.

412. What was added by the 1st Constitutional Amendment Act of 1951 along with the Ninth Schedule?

Article 31B along with the Ninth Schedule was added by the 1st Constitutional Amendment Act of 1951.

413. What case is Waman Rao vs. Union of India?

Waman Rao vs. Union of India (1980).

414. What case is I.R. Coelho vs. State of Tamil Nadu?

I.R. Coelho vs. State of Tamil Nadu (2007).

415. What does Article 39 (b) say?

Article 39 (b) says—The State shall direct its policy towards securing that the ownership and control of the material resources of the community are so distributed as best to subserve the common good.

416. What does Article 39 (c) say?

Article 39 (c) says—The state shall direct its policy towards securing that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment.

417. What case is Minerva Mills vs. Union of India?

Minerva Mills vs. Union of India (1980).

418. What did Sir Ivor Jennings write about the Indian Constitution in Some Characteristics of the Indian Constitution?

Sir Ivor Jennings wrote: ‘A thread of nineteenth century liberalism runs through it; there are consequences of the political problems of Britain in it; there are relics of the bitter experience in opposition to British rule; and there is evidence of a desire to reform some of the social institutions which time and circumstances have developed in India. The result is a series of complex formulae, in twenty-four articles, some of them lengthy, which must become the basis of a vast and complicated case law’.

Chapter 9 Directive Principles of State Policy

1. Where are the Directive Principles of State Policy enumerated in the Constitution?

The Directive Principles of State Policy are enumerated in Part IV of the Constitution from Articles 36 to 51.

2. From where did the framers of the Constitution borrow the idea of Directive Principles?

The framers of the Constitution borrowed this idea from the Irish Constitution of 1937, which had copied it from the Spanish Constitution.

3. What did Dr. B.R. Ambedkar describe these principles as?

Dr. B.R. Ambedkar described these principles as ‘novel features’ of the Indian Constitution.

4. What do the Directive Principles along with the Fundamental Rights contain?

The Directive Principles along with the Fundamental Rights contain the philosophy of the Constitution and is the soul of the Constitution.

5. What did Granville Austin describe the Directive Principles and the Fundamental Rights as?

Granville Austin has described the Directive Principles and the Fundamental Rights as the ‘Conscience of the Constitution’.

6. What do the ‘Directive Principles of State Policy’ denote?

The phrase ‘Directive Principles of State Policy’ denotes the ideals that the State should keep in mind while formulating policies and enacting laws.

7. What do the Directive Principles resemble?

The Directive Principles resemble the ‘Instrument of Instructions’ enumerated in the Government of India Act of 1935.

8. What did Dr. B.R. Ambedkar say about the Directive Principles in relation to the Instrument of Instructions?

In the words of Dr. B.R. Ambedkar, ‘the Directive Principles are like the instrument of instructions, which were issued to the Governor-General and to the Governors of the colonies of India by the British Government under the Government of India Act of 1935. What is called Directive Principles is merely another name for the instrument of instructions. The only difference is that they are instructions to the legislature and the executive’.

9. What do the Directive Principles constitute?

The Directive Principles constitute a very comprehensive economic, social and political programme for a modern democratic State.

10. What do the Directive Principles aim at realising?

They aim at realising the high ideals of justice, liberty, equality and fraternity as outlined in the Preamble to the Constitution.

11. What concept do the Directive Principles embody?

They embody the concept of a ‘welfare state’ and not that of a ‘police state’, which existed during the colonial era.

12. What do the Directive Principles seek to establish?

In brief, they seek to establish economic and social democracy in the country.

13. What is the nature of Directive Principles in terms of legal enforceability?

The Directive Principles are non-justiciable in nature, that is, they are not legally enforceable by the courts for their violation.

14. What does Article 37 state about these principles?

Nevertheless, the Constitution (Article 37) itself says that these principles are fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.

15. How do the Directive Principles help the courts?

The Directive Principles, though non-justiciable in nature, help the courts in examining and determining the constitutional validity of a law.

16. What are the three broad categories into which the Directive Principles can be classified?

The Constitution does not contain any classification of Directive Principles. However, on the basis of their content and direction, they can be classified into three broad categories, viz, socialistic, Gandhian and liberal–intellectual.

17. What do Socialistic Principles reflect?

These principles reflect the ideology of socialism.

18. What do Socialistic Principles lay down and aim at?

They lay down the framework of a democratic socialist state, aim at providing social and economic justice, and set the path towards welfare state.

19. What do Socialistic Principles direct the state to do?

1. To promote the welfare of the people by securing a social order permeated by justice—social, economic and political—and to minimise inequalities in income, status, facilities and opportunities (Article 38).
2. To secure (a) the right to adequate means of livelihood for all citizens; (b) the equitable distribution of material resources of the community for the common good; (c) prevention of concentration of wealth and means of production; (d) equal pay for equal work for men and women; (e) preservation of the health and strength of workers and children against forcible abuse; and(f) opportunities for healthy development of children and protection of childhood and youth against exploitation and against moral and material abandonment (Article 39).
3. To promote equal justice and to provide free legal aid to the poor (Article 39A).
4. To secure the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement (Article 41).
5. To make provision for just and humane conditions of work and maternity relief (Article 42).
6. To secure a living wage, a decent standard of life and social and cultural opportunities for all workers (Article 43).
7. To take steps to secure the participation of workers in the management of industries (Article 43A).
8. To raise the level of nutrition and the standard of living of people and to improve public health (Article 47).

20. What are Gandhian Principles based on?

These principles are based on Gandhian ideology.

21. What do Gandhian Principles represent?

They represent the programme of reconstruction enunciated by Gandhi during the national movement.

22. What do Gandhian Principles require the State to do?

1. To organise village panchayats and endow them with necessary powers and authority to enable them to function as units of self-government (Article 40).
2. To promote cottage industries on an individual or co-operation basis in rural areas (Article 43).
3. To promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies (Article 43B).
4. To promote the educational and economic interests of SCs, STs, and other weaker sections of the society and to protect them from social injustice and exploitation (Article 46).
5. To prohibit the consumption of intoxicating drinks and drugs which are injurious to health (Article 47).
6. To prohibit the slaughter of cows, calves and other milch and draught cattle and to improve their breeds (Article 48).

23. What do Liberal–Intellectual Principles represent?

The principles included in this category represent the ideology of liberalism.

24. What do Liberal–Intellectual Principles direct the state to do?

1. To secure for all citizens a uniform civil code throughout the country (Article 44).
2. To provide early childhood care and education for all children until they complete the age of six years (Article 45).
3. To organise agriculture and animal husbandry on modern and scientific lines (Article 48).
4. To protect and improve the environment and to safeguard forests and wild life (Article 48A).
5. To protect monuments, places and objects of artistic or historic interest which are declared to be of national importance (Article 49).
6. To separate the judiciary from the executive in the public services of the State (Article 50).
7. To promote international peace and security and maintain just and honourable relations between nations; to foster respect for international law and treaty obligations, and to encourage settlement of international disputes by arbitration (Article 51).

25. What new Directive Principles were added by the 42nd Amendment Act of 1976?

The 42nd Amendment Act of 1976 added four new Directive Principles:

1. To secure opportunities for healthy development of children (Article 39).
2. To promote equal justice and to provide free legal aid to the poor (Article 39A).
3. To take steps to secure the participation of workers in the management of industries (Article 43A).
4. To protect and improve the environment and to safeguard forests and wild life (Article 48A).

26. What Directive Principle was added by the 44th Amendment Act of 1978?

The 44th Amendment Act of 1978 added one more Directive Principle, which requires the State to minimise inequalities in income, status, facilities and opportunities (Article 38).

27. What did the 86th Amendment Act of 2002 change regarding Article 45?

The 86th Amendment Act of 2002 changed the subject-matter of Article 45 and made elementary education a fundamental right under Article 21A. The amended directive requires the State to provide early childhood care and education for all children until they complete the age of six years.

28. What new Directive Principle was added by the 97th Amendment Act of 2011?

The 97th Amendment Act of 2011 added a new Directive Principle relating to co-operative societies (Article 43B).

29. What was the recommendation of Sir B.N. Rau, the Constitutional Advisor, regarding the rights of an individual?

Sir B.N. Rau recommended that the rights of an individual should be divided into two categories—justiciable and non-justiciable.

30. What is the nature of Fundamental Rights and Directive Principles based on this recommendation?

Consequently, the Fundamental Rights, which are justiciable in nature, are incorporated in Part III and the Directive Principles, which are non-justiciable in nature, are incorporated in Part IV of the Constitution.

31. What is the distinction between Fundamental Rights and Directive Principles?

Feature	Fundamental Rights	Directive Principles
Nature of State Action	These are negative as they prohibit the State from doing certain things.	These are positive as they require the State to do certain things.
Justiciability	These are justiciable, that is, they are legally enforceable by the courts in case of their violation.	These are non-justiciable, that is, they are not legally enforceable by the courts for their violation.
Aim	They aim at establishing political democracy in the country.	They aim at establishing social and economic democracy in the country.
Sanction	These have legal sanctions.	These have moral and political sanctions.
Beneficiary	They promote the welfare of the individual. Hence, they are personal and individualistic.	They promote the welfare of the community. Hence, they are societarian and socialistic.
Implementation Requirement	They do not require any legislation for their implementation. They are automatically enforced.	They require legislation for their implementation. They are not automatically enforced.
Judicial Review	The courts are bound to declare a law violative of any of the Fundamental Rights as unconstitutional and invalid.	The courts cannot declare a law violative of any of the Directive Principles as unconstitutional and invalid. However, they can uphold the validity of a law on the ground that it was enacted to give effect to a directive.

32. What were the reasons the framers of the Constitution made the Directive Principles non-justiciable?

1. The country did not possess sufficient financial resources to implement them.
2. The presence of vast diversity and backwardness in the country would stand in the way of their implementation.
3. The newly born independent Indian State with its many preoccupations might be crushed under the burden unless it was free to decide the order, the time, the place and the mode of fulfilling them.

33. What are the criticisms of the Directive Principles of State Policy?

1. No Legal Force
2. Illogically Arranged
3. Conservative
4. Constitutional Conflict

34. What did K.T. Shah dub the Directives as?

K.T. Shah dubbed them as ‘pious superfluities’ and compared them with ‘a cheque on a bank, payable only when the resources of the bank permit’.

35. What did Nasiruddin contend about these principles?

Nasiruddin contended that these principles are ‘no better than the new year’s resolutions, which are broken on the second of January’.

36. What did T.T. Krishnamachari describe the Directives as?

T.T. Krishnamachari described the Directives as ‘a veritable dustbin of sentiments’.

37. What did K.C. Wheare call the Directives?

K.C. Wheare called them as a ‘manifesto of aims and aspirations’ and opined that they serve as mere ‘moral homily’.

38. What did Sir Ivor Jennings think of the Directives?

Sir Ivor Jennings thought they are only as ‘pious aspirations’.

39. Why are the Directives criticized for being Illogically Arranged?

Critics opine that the Directives are not arranged in a logical manner based on a consistent philosophy, mixing up unimportant issues with vital economic and social questions.

40. What did N. Srinivasan say about the arrangement of the Directives?

According to N. Srinivasan, ‘the Directives are neither properly classified nor logically arranged. The declaration mixes up relatively unimportant issues with the most vital economic and social questions. It combines rather incongruously the modern with the old and provisions suggested by the reason and science with provisions based purely on sentiment and prejudice’.

41. Why are the Directives criticized as Conservative?

According to Sir Ivor Jennings, the Directives are based on the political philosophy of the 19th century England, expressing Fabian Socialism without the socialism.

42. What did K. Santhanam point out about the Directives leading to constitutional conflict?

K. Santhanam has pointed out that the Directives lead to a constitutional conflict: (a) between the Centre and the states (b) between the President and the Prime Minister (c) between the governor and the chief minister

43. What are the utilities of Directive Principles?

1. They are like an ‘Instrument of Instructions’ or general recommendations addressed to all authorities in the Indian Union.
2. They have served as useful beacon-lights to the courts.
3. They form the dominating background to all State action, legislative or executive and also a guide to the courts in some respects.
4. They amplify the Preamble, which solemnly resolves to secure to all citizens of India justice, liberty, equality and fraternity.
5. They facilitate stability and continuity in domestic and foreign policies.
6. They are supplementary to the fundamental rights of the citizens, filling the vacuum in Part III by providing for social and economic rights.
7. Their implementation creates a favourable atmosphere for the full and proper enjoyment of the fundamental rights.
8. They enable the opposition to exercise influence and control over the operations of the government.
9. They serve as a crucial test for the performance of the government.
10. They serve as common political manifesto.

44. What did L.M. Singhvi say about the Directive Principles?

According to L.M. Singhvi, an eminent jurist and diplomat, ‘the Directives are the life giving provisions of the Constitution. They constitute the stuff of the Constitution and its philosophy of social justice’.

45. What did M.C. Chagla say about the Directive Principles?

M.C. Chagla, former Chief Justice of India, is of the opinion that, ‘if all these principles are fully carried out, our country would indeed be a heaven on earth. India would then be not only democracy in the political sense, but also a welfare state looking after the welfare of its citizens’.

46. What did Dr. B.R. Ambedkar point out about the goal of Indian polity?

Dr. B.R. Ambedkar had pointed out that the Directives have great value because they lay down that the goal of Indian polity is ‘economic democracy’ as distinguished from ‘political democracy’.

47. What did Granville Austin say about the Directive Principles?

Granville Austin, an American constitutional expert, opined that the Directive Principles are ‘aimed at furthering the goals of the social revolution’.

48. What did Sir B.N. Rau state about the Directive Principles?

Sir B.N. Rau, the constitutional advisor to the Constituent Assembly, stated that the Directive Principles are intended as ‘moral precepts for the authorities of the state. They have at least an educative value.’

49. What did M.C. Setalvad say about the significance and usefulness of Directive Principles?

According to M.C. Setalvad, the former Attorney General of India, the Directive Principles, although confer no legal rights and create no legal remedies, are significant and useful in the following ways:

1. They are like an ‘Instrument of Instructions’ or general recommendations addressed to all authorities in the Indian Union.
2. They have served as useful beacon-lights to the courts.

50. What has led to a conflict between Fundamental Rights and Directive Principles?

The justiciability of Fundamental Rights and non-justiciability of Directive Principles on the one hand and the moral obligation of State to implement Directive Principles (Article 37) on the other hand have led to a conflict between the two since the commencement of the Constitution.

51. What did the Supreme Court rule in the Champakam Dorairajan case (1951)?

In the Champakam Dorairajan case (1951), the Supreme Court ruled that in case of any conflict between the Fundamental Rights and the Directive Principles, the former would prevail.

52. What did the Supreme Court declare about the Directive Principles in the Champakam Dorairajan case?

It declared that the Directive Principles have to conform to and run as subsidiary to the Fundamental Rights.

53. What did the Supreme Court hold about amending Fundamental Rights?

But, it also held that the Fundamental Rights could be amended by the Parliament by enacting constitutional amendment acts.

54. What Amendment Acts were passed to implement some of the Directives?

As a result, the Parliament made the First Amendment Act (1951), the Fourth Amendment Act (1955) and the Seventeenth Amendment Act (1964) to implement some of the Directives.

55. What happened in 1967 following the Supreme Court’s judgement in the Golaknath case?

The above situation underwent a major change in 1967 following the Supreme Court’s judgement in the Golaknath case (1967).

56. What did the Supreme Court rule in the Golaknath case (1967)?

In that case, the Supreme Court ruled that the Parliament cannot take away or abridge any of the Fundamental Rights, which are ‘sacrosanct’ in nature.

57. How did the Parliament react to the Supreme Court’s judgement in the Golaknath Case (1967)?

The Parliament reacted to the Supreme Court’s judgement in the Golaknath Case (1967) by enacting the 24th Amendment Act (1971) and the 25th Amendment Act (1971).

58. What did the 24th Amendment Act declare?

The 24th Amendment Act declared that the Parliament has the power to abridge or take away any of the Fundamental Rights by enacting Constitutional Amendment Acts.

59. What new article did the 25th Amendment Act insert?

The 25th Amendment Act inserted a new Article 31C which contained the following two provisions:

1. No law which seeks to implement the socialistic Directive Principles specified in Article 39 (b) or (c) shall be void on the ground of contravention of the Fundamental Rights conferred by Article 14 or Article 19.
2. No law containing a declaration that it is for giving effect to such policy shall be questioned in any court on the ground that it does not give effect to such a policy.

60. What did the Supreme Court declare in the Kesavananda Bharati case (1973) regarding the second provision of Article 31C?

In the Kesavananda Bharati case (1973), the Supreme Court declared the above second provision of Article 31C as unconstitutional and invalid on the ground that judicial review is a basic feature of the Constitution.

61. What was the status of the first provision of Article 31C in the Kesavananda Bharati case?

However, the above first provision of Article 31C was held to be constitutional and valid.

62. How did the 42nd Amendment Act (1976) extend the scope of the first provision of Article 31C?

Later, the 42nd Amendment Act (1976) extended the scope of the above first provision of Article 31C by including within its protection any law to implement any of the Directive Principles and not merely those specified in Article 39 (b) and (c).

63. What was the effect of this extension?

In other words, the 42nd Amendment Act accorded the position of legal primacy and supremacy to the Directive Principles over the Fundamental Rights conferred by Articles 14, 19 and 31.

64. What did the Supreme Court declare in the Minerva Mills case (1980) regarding this extension?

However, this extension was declared as unconstitutional and invalid by the Supreme Court in the Minerva Mills case (1980).

65. What was the outcome of the Minerva Mills case (1980) regarding the relationship between Fundamental Rights and Directive Principles?

It means that the Directive Principles were once again made subordinate to the Fundamental Rights. But the Fundamental Rights conferred by Article 14 and Article 19 were accepted as subordinate to the Directive Principles specified in Article 39 (b) and (c).

66. What was omitted by the 44th Amendment Act (1978)?

Further, Article 31 (right to property) was omitted by the 44th Amendment Act (1978).

67. What did the Supreme Court hold in the Minerva Mills case (1980) regarding the balance between Fundamental Rights and Directive Principles?

In the Minerva Mills case (1980), the Supreme Court also held that ‘the Indian Constitution is founded on the bedrock of the balance between the Fundamental Rights and the Directive Principles’.

68. What is the present position regarding the supremacy of Fundamental Rights over Directive Principles?

Therefore, the present position is that the Fundamental Rights enjoy supremacy over the Directive Principles.

69. What is the limitation on Parliament’s ability to amend Fundamental Rights for implementing Directive Principles?

The Parliament can amend the Fundamental Rights for implementing the Directive Principles, so long as the amendment does not damage or destroy the basic structure of the Constitution.

70. What laws and programmes have successive governments implemented to give effect to the Directive Principles?

1. The Planning Commission was established in 1950 (replaced by NITI Aayog in 2015).
2. Land reform laws passed by states.
3. Labour protection laws like Minimum Wages Act (1948), Payment of Wages Act (1936), etc.
4. Maternity Benefit Act (1961) and Equal Remuneration Act (1976).
5. Nationalisation of life insurance (1956), fourteen leading commercial banks (1969), general insurance (1971), and abolition of Privy Purses (1971).
6. Legal Services Authorities Act (1987) establishing free legal aid and lok adalats.
7. Establishment of Khadi and Village Industries Board, Commission, and other boards for cottage industries.
8. Community Development Programme (1952), Hill Area Development Programme (1960), and various other rural development schemes.
9. Wildlife (Protection) Act, 1972 and Forest (Conservation) Act, 1980.
10. Modernisation of agriculture and animal husbandry.
11. Three-tier panchayati raj system introduced by the 73rd Amendment Act (1992).
12. Reservation of seats for SCs, STs and other weaker sections in educational institutions, government services, and representative bodies.
13. Criminal Procedure Code (1973) separated judiciary from executive.
14. Ancient and Historical Monument and Archaeological Sites and Remains Act (1951).
15. Establishment of primary health centres and hospitals.
16. Laws to prohibit the slaughter of cows, calves, and bullocks in some states.
17. Old age pension schemes in some states.
18. Following the policy of non-alignment and panchsheel to promote international peace and security.

71. What are the reasons why the Directive Principles have not been fully implemented?

Inadequate financial resources, unfavourable socio-economic conditions, population explosion, strained Centre-state relations and so on.

72. What are the Directives outside Part IV of the Constitution?

1. Claims of SCs and STs to Services (Article 335 in Part XVI).
2. Instruction in mother tongue at the primary stage of education to children belonging to linguistic minority groups (Article 350-A in Part XVII).
3. Development of the Hindi Language (Article 351 in Part XVII).

73. What is the nature of these Directives outside Part IV?

The above Directives are also non-justiciable in nature.

74. What does Article 36 deal with?

Definition of State.

75. What does Article 37 deal with?

Application of the principles contained in this part.

76. What does Article 38 deal with?

State to secure a social order for the promotion of welfare of the people.

77. What does Article 39 deal with?

Certain principles of policy to be followed by the State.

78. What does Article 39A deal with?

Equal justice and free legal aid.

79. What does Article 40 deal with?

Organisation of village panchayats.

80. What does Article 41 deal with?

Right to work, to education and to public assistance in certain cases.

81. What does Article 42 deal with?

Provision for just and humane conditions of work and maternity relief.

82. What does Article 43 deal with?

Living wage, etc., for workers.

83. What does Article 43A deal with?

Participation of workers in management of industries.

84. What does Article 43B deal with?

Promotion of co-operative societies.

85. What does Article 44 deal with?

Uniform civil code for the citizens.

86. What does Article 45 deal with?

Provision for early childhood care and education to all children until they complete the age of six years.

87. What does Article 46 deal with?

Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections.

88. What does Article 47 deal with?

Duty of the State to raise the level of nutrition and the standard of living and to improve public health.

89. What does Article 48 deal with?

Organisation of agriculture and animal husbandry.

90. What does Article 48A deal with?

Protection and improvement of environment and safeguarding of forests and wildlife.

91. What does Article 49 deal with?

Protection of monuments and places and objects of national importance.

92. What does Article 50 deal with?

Separation of judiciary from executive.

93. What does Article 51 deal with?

Promotion of international peace and security.

94. What is the actual range of articles for Directive Principles?

Actually, Directive Principles are mentioned in Articles 38 to 51. Article 36 deals with the definition of State while Article 37 deals with the nature and significance of Directive Principles.

95. What did Granville Austin write about in The Indian Constitution—Cornerstone of a Nation?

Granville Austin, The Indian Constitution—Cornerstone of a Nation, Oxford, 1966, p. 75.

96. What is a ‘Police State’?

A ‘Police State’ is mainly concerned with the maintenance of law and order and defence of the country against external aggression. Such a restrictive concept of state is based on the nineteenth century theory of individualism or laissez-faire.

97. What was added by the 44th Constitutional Amendment Act of 1978?

The second aspect of this provision was added by the 44th Constitutional Amendment Act of 1978.

98. What was added by the 42nd Constitutional Amendment Act of 1976?

The first aspect of point (f) was added by the 42nd Constitutional Amendment Act of 1976.

99. What was added by the 97th Constitutional Amendment Act of 2011?

This Directive was added by the 97th Constitutional Amendment Act of 2011.

100. What was changed by the 86th Constitutional Amendment Act of 2002?

This Directive was changed by the 86th Constitutional Amendment Act of 2002. Originally, it made a provision for free and compulsory education for all children until they complete the age of 14 years.

101. What did M.P. Jain write about in Indian Constitutional Law?

M.P. Jain, Indian Constitutional Law, Wadhwa, Third Edition (1978), p. 595.

102. What did N. Srinivasan write about in Democratic Government in India?

N. Srinivasan, Democratic Government in India, p. 182.

103. What did Sir Ivor Jennings write about in Some Characteristics of the Indian Constitution?

Sir Ivor Jennings, Some Characteristics of the Indian Constitution, 1953, pp. 31–33.

104. What case is State of Madras vs. Champakam Dorairajan?

State of Madras vs. Champakam Dorairajan (1951).

105. What case is Golak Nath vs. State of Punjab?

Golak Nath vs. State of Punjab (1967).

106. What does Article 39 (b) say?

Article 39 (b) says: The State shall direct its policy towards securing that the ownership and control of the material resources of the community are so distributed as best to subserve the common good.

107. What does Article 39 (c) say?

Article 39 (c) says: The state shall direct its policy towards securing that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment.

108. What case is Kesavananda Bharati vs. State of Kerala?

Kesavananda Bharati vs. State of Kerala (1973).

109. What case is Minerva Mills vs. Union of India?

Minerva Mills vs. Union of India (1980).

Chapter 10 Fundamental Duties

1. What was the original status of fundamental duties in the Constitution?

Though the rights and duties of the citizens are correlative and inseparable, the original constitution contained only the fundamental rights and not the fundamental duties.

2. What form did the framers of the Constitution incorporate the duties of the State in?

The framers of the Constitution incorporated the duties of the State in the form of Directive Principles of State Polity.

3. When were the fundamental duties of citizens added to the Constitution?

Later in 1976, the fundamental duties of citizens were added in the Constitution.

4. When was one more Fundamental Duty added?

In 2002, one more Fundamental Duty was added.

5. From which Constitution are the Fundamental Duties in the Indian Constitution inspired?

The Fundamental Duties in the Indian Constitution are inspired by the Constitution of erstwhile USSR.

6. Which democratic Constitution is perhaps the only one in the world that contains a list of duties of citizens?

The Japanese Constitution is, perhaps, the only democratic Constitution in world which contains a list of duties of citizens.

7. What was the stance of socialist countries on fundamental rights and duties?

The socialist countries gave equal importance to the fundamental rights and duties of their citizens.

8. What did the Constitution of erstwhile USSR declare regarding citizens’ rights and freedoms?

The Constitution of erstwhile USSR declared that the citizen’s exercise of their rights and freedoms was inseparable from the performance of their duties and obligations.

9. When was the Sardar Swaran Singh Committee set up, and for what purpose?

In 1976, the Congress Party set up the Sardar Swaran Singh Committee to make recommendations about fundamental duties, the need and necessity of which was felt during the operation of the internal emergency (1975–1977).

10. What did the Swaran Singh Committee recommend?

The committee recommended the inclusion of a separate chapter on fundamental duties in the Constitution.

11. What Act did the Congress Government enact based on these recommendations?

The Congress Government at Centre accepted these recommendations and enacted the 42nd Constitutional Amendment Act in 1976.

12. What new part was added to the Constitution by the 42nd Constitutional Amendment Act in 1976?

This amendment added a new part, namely, Part IVA to the Constitution.

13. What did this new part consist of?

This new part consists of only one Article, that is, Article 51A which for the first time specified a code of ten fundamental duties of the citizens.

14. How many Fundamental Duties did the Swaran Singh Committee suggest, and how many were included by the 42nd Constitutional Amendment Act (1976)?

Though the Swaran Singh Committee suggested the incorporation of eight Fundamental Duties, the 42nd Constitutional Amendment Act (1976) included ten Fundamental Duties.

15. What were some of the recommendations of the Swaran Singh Committee that were not accepted?

1. The Parliament may provide for the imposition of such penalty or punishment as may be considered appropriate for any non-compliance with or refusal to observe any of the duties.
2. No law imposing such penalty or punishment shall be called in question in any court on the ground of infringement of any of Fundamental Rights or on the ground of repugnancy to any other provision of the Constitution.
3. Duty to pay taxes should also be a Fundamental Duty of the citizens.

16. What does Article 51A state regarding the duty of every citizen of India?

According to Article 51A, it shall be the duty of every citizen of India:

1. to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;
2. to cherish and follow the noble ideals that inspired the national struggle for freedom;
3. to uphold and protect the sovereignty, unity and integrity of India;
4. to defend the country and render national service when called upon to do so;
5. to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities and to renounce practices derogatory to the dignity of women;
6. to value and preserve the rich heritage of the country’s composite culture;
7. to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures;
8. to develop scientific temper, humanism and the spirit of inquiry and reform;
9. to safeguard public property and to abjure violence;
10. to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement; and
11. to provide opportunities for education to his/her child or ward between the age of six and fourteen years.

17. Which Fundamental Duty was added by the 86th Constitutional Amendment Act, 2002?

The duty to provide opportunities for education to his/her child or ward between the age of six and fourteen years was added by the 86th Constitutional Amendment Act, 2002.

18. What are the characteristics of the Fundamental Duties?

1. Some are moral duties while others are civic duties.
2. They refer to values that have been part of Indian tradition, mythology, religions and practices.
3. They are confined to citizens only and do not extend to foreigners.
4. Like the Directive Principles, they are non-justiciable.

19. What are the criticisms of the Fundamental Duties?

1. The list of duties is not exhaustive as it does not cover other important duties like casting vote, paying taxes, family planning and so on.
2. Some of the duties are vague, ambiguous and difficult to be understood by the common man.
3. They have been described as a code of moral precepts due to their non-justiciable character.
4. Their inclusion in the Constitution was described as superfluous.
5. The inclusion of fundamental duties as an appendage to Part IV of the Constitution has reduced their value and significance.

20. What are the significant aspects of Fundamental Duties?

1. They serve as a reminder to the citizens of their duties to the country, society, and fellow citizens.
2. They serve as a warning against anti-national and antisocial activities.
3. They serve as a source of inspiration for citizens and promote discipline and commitment.
4. They help the courts in examining and determining the constitutional validity of a law.
5. They are enforceable by law.

21. What did the Supreme Court hold in Mohan Kumar Singhania case (1991)?

In Mohan Kumar Singhania case (1991), the Supreme Court held that Article 51A (fundamental duties) can be used to interpret ambiguous laws in order to determine their constitutionality.

22. What did the court observe in the Ramlila Maidan Incident case (2012)?

In Ramlila Maidan Incident case (2012), the court observed that a common thread runs through Parts III, IV and IVA of the constitution.

23. What did H.R. Gokhale, the then Law Minister, say about incorporating the fundamental duties?

H.R. Gokhale stated that the non-inclusion of fundamental duties was a historical mistake and that their inclusion would have a sobering effect on restless spirits who had engaged in anti-national agitations.

24. What did Indira Gandhi, the then Prime Minister, say about the inclusion of fundamental duties?

Indira Gandhi justified the inclusion of fundamental duties, stating that their inclusion would help to strengthen democracy and establish a democratic balance by making people conscious of their duties.

25. What was the stance of the new Janata Government on fundamental duties after the emergency?

The new Janata Government did not annul the Fundamental Duties, showing an eventual consensus on their necessity.

26. What did the Verma Committee on Fundamental Duties of the Citizens (1999) identify?

The Verma Committee on Fundamental Duties of the Citizens (1999) identified the existence of legal provisions for the implementation of some of the Fundamental Duties.

27. What are some of the legal provisions identified by the Verma Committee for implementing Fundamental Duties?

1. The Prevention of Insults to National Honour Act (1971) prevents disrespect to the Constitution of India, the National Flag and the National Anthem.
2. Various criminal laws provide for punishments for encouraging enmity between different sections of people.
3. The Protection of Civil Rights Act (1955) provides for punishments for offences related to caste and religion.
4. The Indian Penal Code (IPC) declares imputations and assertions prejudicial to national integration as punishable offences.
5. The Unlawful Activities (Prevention) Act of 1967 provides for the declaration of a communal organisation as an unlawful association.
6. The Representation of People Act (1951) provides for the disqualification of members of Parliament or a state legislature for indulging in corrupt practice.
7. The Wildlife (Protection) Act of 1972 prohibits trade in rare and endangered species.
8. The Forest (Conservation) Act of 1980 checks indiscriminate deforestation and diversion of forest land.

28. What Fundamental Rights are available to all persons (citizens or foreigners)?

The Fundamental Rights guaranteed by Articles 14, 20, 21, 21A, 22, 23, 24, 25, 26, 27 and 28 are available to all persons whether citizens or foreigners.

29. What did D.D. Chawla observe about the vagueness of fundamental duties?

D.D. Chawla observed: ‘The duties may be spelt out in a more concrete form, one is left guessing the noble ideals. To some even the Bhagat Singh cult may be such an ideal as inspired our national struggle. Again what is the rich heritage of our composite culture and what is scientific temper, humanism and the spirit of inquiry and reform? The values are beyond the ken of the general run of the people and carry no meaning to them. Duties should be such and so worded as to catch the imagination of the common man.’

30. What did C.K. Daphtary say about the inclusion of fundamental duties in the Constitution?

C.K. Daphtary, former Attorney General of India, while opposing the inclusion of fundamental duties in the Constitution, said that more than 99.9 per cent of the citizens were law-abiding and there was no need to tell them about their duties.

31. What case is Mohan Kumar Singhania vs. Union of India?

Mohan Kumar Singhania vs. Union of India (1991).

32. What case is Re, Ramlila Maidan Incident?

Re, Ramlila Maidan Incident (2012).

33. What was the Untouchability (Offences) Act known as till 1976?

This Act was known as the Untouchability (Offences) Act till 1976.

Chapter 11 Amendment of the Constitution

1. How is the procedure for amendment of the Indian Constitution described?

The procedure laid down for its amendment is neither as easy as in Britain nor as difficult as in USA. In other words, the Indian Constitution is neither flexible nor rigid but a synthesis of both.

2. What article and Part of the Constitution deal with the powers of Parliament to amend the Constitution?

Article 368 in Part XX of the Constitution deals with the powers of Parliament to amend the Constitution and its procedure.

3. What did the Supreme Court rule in the Kesavananda Bharati case (1973) regarding Parliament’s power to amend the Constitution?

The Supreme Court ruled that the Parliament cannot amend those provisions which form the ‘basic structure’ of the Constitution.

4. What is the procedure for the amendment of the Constitution as laid down in Article 368?

1. An amendment of the Constitution can be initiated only by the introduction of a bill for the purpose in either House of Parliament and not in the state legislatures.
2. The bill can be introduced either by a minister or by a private member and does not require prior permission of the president.
3. The bill must be passed in each House by a special majority, that is, a majority of the total membership of the House and a majority of two-thirds of the members of the House present and voting.
4. Each House must pass the bill separately. In case of a disagreement, there is no provision for holding a joint sitting.
5. If the bill seeks to amend the federal provisions of the Constitution, it must also be ratified by the legislatures of half of the states by a simple majority.
6. After duly passed by both the Houses of Parliament and ratified by the state legislatures, where necessary, the bill is presented to the president for assent.
7. The president must give his/her assent to the bill. He/she can neither withhold his/her assent nor return the bill for reconsideration.
8. After the president’s assent, the bill becomes an Act (i.e., a constitutional amendment act) and the Constitution stands amended.

5. What did the 24th Constitutional Amendment Act of 1971 make obligatory for the President?

The 24th Constitutional Amendment Act of 1971 made it obligatory for the President to give his/her assent to a constitutional Amendment Bill.

6. What are the three ways the Constitution can be amended?

1. Amendment by simple majority of the Parliament.
2. Amendment by special majority of the Parliament.
3. Amendment by special majority of the Parliament and the ratification of half of the state legislatures.

7. What provisions can be amended by a simple majority of the two Houses of Parliament outside the scope of Article 368?

1. Admission or establishment of new states.
2. Formation of new states and alteration of areas, boundaries or names of existing states.
3. Abolition or creation of legislative councils in states.
4. Second Schedule—emoluments, allowances, privileges and so on of the president, the governors, the Speakers, judges, etc.
5. Quorum in Parliament.
6. Salaries and allowances of the members of Parliament.
7. Rules of procedure in Parliament.
8. Privileges of the Parliament, its members and its committees.
9. Use of English language in Parliament.
10. Number of puisne judges in the Supreme Court.
11. Conferment of more jurisdiction on the Supreme Court.
12. Use of official language.
13. Citizenship—acquisition and termination.
14. Elections to Parliament and state legislatures.
15. Delimitation of constituencies.
16. Union territories.
17. Fifth Schedule—administration of scheduled areas and scheduled tribes.
18. Sixth Schedule—administration of tribal areas.

8. What does the expression ‘total membership’ mean in the context of special majority?

The expression ‘total membership’ means the total number of members comprising the House irrespective of fact whether there are vacancies or absentees.

9. What provisions can be amended by a special majority of the Parliament?

The provisions which can be amended by this way includes: (i) Fundamental Rights; (ii) Directive Principles of State Policy; and (iii) All other provisions which are not covered by the first and third categories.

10. What provisions of the Constitution can be amended by a special majority of the Parliament and consent of half of the states?

1. Election of the President and its manner.
2. Extent of the executive power of the Union and the states.
3. Supreme Court and high courts.
4. Distribution of legislative powers between the Union and the states.
5. Goods and Services Tax Council.
6. Any of the lists in the Seventh Schedule.
7. Representation of states in Parliament.
8. Power of Parliament to amend the Constitution and its procedure (Article 368 itself).

11. What are the criticisms of the amendment procedure of the Constitution?

1. There is no provision for a special body like Constitutional Convention or Constitutional Assembly for amending the Constitution.
2. The power to initiate an amendment to the Constitution lies only with the Parliament.
3. Major part of the Constitution can be amended by the Parliament alone.
4. The Constitution does not prescribe the time frame for state legislatures to ratify or reject an amendment.
5. There is no provision for holding a joint sitting of both the Houses of Parliament if there is a deadlock over the passage of a constitutional amendment bill.
6. The process of amendment is similar to that of a legislative process.
7. The provisions relating to the amendment procedure are too sketchy.

12. What did K.C. Wheare say about the amendment procedure?

K.C. Wheare said, ‘strikes a good balance between flexibility and rigidity’.

13. What did Pandit Jawaharlal Nehru say about the Constitution’s flexibility?

Pandit Jawaharlal Nehru said in the Constituent Assembly, ‘While we want this Constitution to be as solid and permanent as we can make it, there is no permanence in a Constitution. There should 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’.

14. What did Dr. B.R. Ambedkar observe about the Assembly’s approach to amending the Constitution?

Dr. B.R. Ambedkar observed in the Constituent Assembly that, ‘The Assembly has not only 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’.

15. What did K.C. Wheare admire about the Indian Constitution’s amendment procedures?

K.C. Wheare has admired the variety of amendment procedures contained in the Constitution of India. He said, ‘this variety in the amending process is wise but rarely found’.

16. What case is Kesavananda Bharati vs. State of Kerala?

Kesavananda Bharati vs. State of Kerala (1973).

17. What did P. D. T. Achary write about in Constitutional Amendment in India?

P. D. T. Achary, Editor, Constitutional Amendment in India, Lok Sabha Secretariat, New Delhi, Seventh Edition, 2008, p. 12.

18. What was added by the 101st Amendment Act of 2016?

This provision was added by the 101st Amendment Act of 2016. This is related to Article 279-A.

19. How can an amendment be proposed in the USA?

In USA, an amendment can also be proposed by a constitutional convention called by the Congress (American Legislature) on the petition of two-thirds of the state legislatures.

20. What did K.C. Wheare write about in Modern Constitutions?

K.C. Wheare, Modern Constitutions, 1966, p. 43.

Chapter 12 Basic Structure of the Constitution

1. When did the question of whether Fundamental Rights can be amended by Parliament first come up for consideration?

The question whether Fundamental Rights can be amended by the Parliament under Article 368 came for consideration of the Supreme Court within a year of the Constitution coming into force.

2. What case challenged the constitutional validity of the First Amendment Act (1951)?

In the Shankari Prasad case (1951), the constitutional validity of the First Amendment Act (1951), which curtailed the right to property, was challenged.

3. What did the Supreme Court rule in the Shankari Prasad case (1951)?

The Supreme Court ruled that the power of the Parliament to amend the Constitution under Article 368 also includes the power to amend Fundamental Rights. The word ‘law’ in Article 13 includes only ordinary laws and not the constitutional amendment acts (constituent laws).

4. What did the Supreme Court re-affirm in the Sajjan Singh case (1964)?

Again, in the Sajjan Singh case (1964), the Supreme Court re-affirmed the above stand. In other words, the court held that a constitutional amendment act made under Article 368 is not a law within the meaning of Article 13.

5. What case reversed the Supreme Court’s earlier stand on amending Fundamental Rights?

But in the Golak Nath case (1967), the Supreme Court reversed its earlier stand.

6. What did the Supreme Court rule in the Golak Nath case (1967)?

The Supreme Court ruled that the Fundamental Rights are given a ‘transcendental and immutable’ position and hence, the Parliament cannot abridge or take away any of these rights. A constitutional amendment act is also a law within the meaning of Article 13 and hence, would be void for violating any of the Fundamental Rights.

7. How did the Parliament react to the Supreme Court’s judgement in the Golak Nath case (1967)?

The Parliament reacted to the Supreme Court’s judgement in the Golak Nath case (1967) by enacting the 24th Amendment Act (1971). This Act amended Articles 13 and 368.

8. What did the 24th Amendment Act (1971) declare?

It declared that the Parliament has the power to abridge or take away any of the Fundamental Rights under Article 368 and such an act will not be a law under the meaning of Article 13.

9. What case overruled the Supreme Court’s judgement in the Golak Nath case (1967)?

However, in the Kesavananda Bharati case (1973), the Supreme Court overruled its judgement in the Golak Nath case (1967).

10. What new doctrine did the Supreme Court lay down in the Kesavananda Bharati case (1973)?

It laid down a new doctrine of the ‘basic structure’ (or ‘basic features’) of the Constitution.

11. What did the Supreme Court rule regarding Parliament’s constituent power under Article 368?

It ruled that the constituent power of Parliament under Article 368 does not enable it to alter the ‘basic structure’ of the Constitution.

12. What did the Supreme Court reaffirm and apply in the Indira Nehru Gandhi case (1975)?

The doctrine of basic structure of the constitution was reaffirmed and applied by the Supreme Court in the Indira Nehru Gandhi case (1975).

13. What did the Supreme Court invalidate in the Indira Nehru Gandhi case (1975)?

In this case, the Supreme Court invalidated a provision of the 39th Amendment Act (1975) which kept the election disputes involving the Prime Minister and the Speaker of Lok Sabha outside the jurisdiction of all courts.

14. How did the Parliament react to the doctrine of ‘basic structure’?

Again, the Parliament reacted to this judicially innovated doctrine of ‘basic structure’ by enacting the 42nd Amendment Act (1976).

15. What did the 42nd Amendment Act (1976) declare regarding Parliament’s constituent power?

This Act amended Article 368 and declared that there is no limitation on the constituent power of Parliament and no amendment can be questioned in any court on any ground including that of the contravention of any of the Fundamental Rights.

16. What did the Supreme Court invalidate in the Minerva Mills case (1980)?

However, the Supreme Court in the Minerva Mills case (1980) invalidated this provision as it excluded judicial review which is a ‘basic feature’ of the Constitution.

17. What did the Supreme Court hold in the Minerva Mills case (1980) regarding Parliament’s amending power?

Applying the doctrine of ‘basic structure’ with respect to Article 368, the court held that: “Since the Constitution had conferred a limited amending power on the Parliament, the Parliament cannot under the exercise of that limited power enlarge that very power into an absolute power. Indeed, a limited amending power is one of the basic features of the Constitution and, therefore, the limitations on that power cannot be destroyed. In other words, Parliament cannot, under article 368, expand its amending power so as to acquire for itself the right to repeal or abrogate the Constitution or to destroy its basic features. The donee of a limited power cannot by the exercise of that power convert the limited power into an unlimited one”.

18. What did the Supreme Court adhere to in the Waman Rao case (1980)?

Again, in the Waman Rao case (1980), the Supreme Court adhered to the doctrine of the ‘basic structure’.

19. What did the Supreme Court clarify in the Waman Rao case (1980) regarding the basic structure doctrine’s applicability?

It further clarified that it would apply to constitutional amendments enacted after April 24, 1973 (i.e., the date of the judgement in the Kesavananda Bharati case).

20. What is the present position regarding Parliament’s power to amend the Constitution?

The present position is that the Parliament under Article 368 can amend any part of the Constitution including the Fundamental Rights but without affecting the ‘basic structure’ of the Constitution.

21. Has the Supreme Court defined or clarified what constitutes the ‘basic structure’ of the Constitution?

No, the Supreme Court is yet to define or clarify as to what constitutes the ‘basic structure’ of the Constitution.

22. What are the elements of the ‘basic structure’ or ‘basic features’ of the Constitution that have emerged from various judgements?

1. Supremacy of the Constitution
2. Sovereign, democratic and republican nature of the Indian polity
3. Secular character of the Constitution
4. Separation of powers between the legislature, the executive and the judiciary
5. Federal character of the Constitution
6. Unity and integrity of the nation
7. Welfare state (socio-economic justice)
8. Judicial review
9. Freedom and dignity of the individual
10. Parliamentary system
11. Rule of law
12. Harmony and balance between Fundamental Rights and Directive Principles
13. Principle of equality
14. Free and fair elections
15. Independence of Judiciary
16. Limited power of Parliament to amend the Constitution
17. Effective access to justice
18. Principles (or essence) underlying fundamental rights
19. Powers of the Supreme Court under Articles 32, 136, 141 and 142
20. Powers of the High Courts under Articles 226 and 227

23. What case is Shankari Prasad vs. Union of India?

Shankari Prasad vs. Union of India (1951).

24. What case is Sajjan Singh vs. State of Rajasthan?

Sajjan Singh vs. State of Rajasthan (1964).

25. What case is Golak Nath vs. State of Punjab?

Golak Nath vs. State of Punjab (1967).

26. What case is Kesavananda Bharati vs. State of Kerala?

Kesavananda Bharati vs. State of Kerala (1973).

27. What case is Indira Nehru Gandhi vs. Raj Narain?

Indira Nehru Gandhi vs. Raj Narain (1975).

28. What case is Minerva Mills vs. Union of India?

Minerva Mills vs. Union of India (1980).

29. What case is Waman Rao vs. Union of India?

Waman Rao vs. Union of India (1980).

30. What does Article 32 deal with?

Remedies for enforcement of fundamental rights including writs.

31. What does Article 136 deal with?

Special leave to appeal by the Supreme Court.

32. What does Article 141 deal with?

Law declared by Supreme Court to be binding on all courts.

33. What does Article 142 deal with?

Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.

34. What does Article 226 deal with?

Power of High Courts to issue certain writs.

35. What does Article 227 deal with?

Power of Superintendence over all courts by the High Court.

36. What case is Central Coal Fields Ltd., vs. Jaiswal Coal Co.?

Central Coal Fields Ltd., vs. Jaiswal Coal Co. (1980).

37. What case is Bhim Singhji vs. Union of India?

Bhim Singhji vs. Union of India (1980).

38. What case is S.P. Sampath Kumar vs. Union of India?

S.P. Sampath Kumar vs. Union of India (1986).

39. What case is P. Sambamurthy vs. State of A.P.?

P. Sambamurthy vs. State of A.P. (1986).

40. What case is Delhi Judicial Service Association vs. State of Gujarat?

Delhi Judicial Service Association vs. State of Gujarat (1991).

41. What case is Indra Sawhney vs. Union of India?

Indra Sawhney vs. Union of India (1992).

42. What case is Kumar Padma Prasad vs. Union of India?

Kumar Padma Prasad vs. Union of India (1992).

43. What case is Kihoto Hollohan vs. Zachillhu?

Kihoto Hollohan vs. Zachillhu (1992).

44. What case is Raghunath Rao vs. Union of India?

Raghunath Rao vs. Union of India (1993).

45. What case is S.R. Bommai vs. Union of India?

S.R. Bommai vs. Union of India (1994).

46. What case is L. Chandra Kumar vs. Union of India?

L. Chandra Kumar vs. Union of India (1997).

47. What case is Indra Sawhney II vs. Union of India?

Indra Sawhney II vs. Union of India (1999).

48. What case is All India Judge’s Association vs. Union of India?

All India Judge’s Association vs. Union of India (2001).

49. What case is Kuldip Nayar vs. Union of India?

Kuldip Nayar vs. Union of India (2006).

50. What case is M. Nagaraj vs. Union of India?

M. Nagaraj vs. Union of India (2006).

51. What case is I.R. Coelho vs. State of Tamil Nadu?

I.R. Coelho vs. State of Tamil Nadu (2007).

52. What case is Ram Jethmalani vs. Union of India?

Ram Jethmalani vs. Union of India (2011).

53. What case is Namit Sharma vs. Union of India?

Namit Sharma vs. Union of India (2012).

54. What case is Madras Bar Association vs. Union of India?

Madras Bar Association vs. Union of India (2014).

Chapter 13 Parliamentary System

1. What form of government does the Constitution of India provide for?

The Constitution of India provides for a parliamentary form of government, both at the Centre and in the states.

2. What articles deal with the parliamentary system at the Centre and in the states?

Articles 74 and 75 deal with the parliamentary system at the Centre and Articles 163 and 164 in the states.

3. How are modern democratic governments classified?

Modern democratic governments are classified into parliamentary and presidential on the basis of the nature of relations between the executive and the legislative organs of the government.

4. What is the parliamentary system of government?

The parliamentary system of government is the one in which the executive is responsible to the legislature for its policies and acts.

5. What is the presidential system of government?

The presidential system of government, on the other hand, is one in which the executive is not responsible to the legislature for its policies and acts, and is constitutionally independent of the legislature with respect of its term of office.

6. What are other names for the parliamentary government?

The parliamentary government is also known as cabinet government or responsible government or Westminster model of government.

7. What countries have a parliamentary system?

The parliamentary government is prevalent in Britain, Japan, Canada and India among others.

8. What are other names for the presidential government?

The presidential government is also known as non-responsible or non-parliamentary or fixed executive system of government.

9. What countries have a presidential system?

The presidential government is prevalent in USA, Brazil, Russia and Sri Lanka among others.

10. What did Ivor Jennings call the parliamentary system and why?

Ivor Jennings called the parliamentary system as ‘cabinet system’ because the cabinet is the nucleus of power in a parliamentary system.

11. Why is parliamentary government also known as ‘responsible government’?

The parliamentary government is also known as ‘responsible government’ as the cabinet (the real executive) is accountable to the Parliament and stays in office so long as it enjoys the latter’s confidence.

12. Why is parliamentary government described as ‘Westminster model of government’?

It is described as ‘Westminster model of government’ after the location of the British Parliament, where the parliamentary system originated.

13. What did British constitutional and political experts describe the Prime Minister as in the past?

In the past, the British constitutional and political experts described the Prime Minister as ‘primus inter pares’ (first among equals) in relation to the cabinet.

14. How has the Prime Minister’s power changed in the recent period?

In the recent period, the Prime Minister’s power, influence and position have increased significantly vis-a-vis the cabinet.

15. What are the features or principles of parliamentary government in India?

1. Nominal and Real Executives
2. Majority Party Rule
3. Collective Responsibility
4. Political Homogeneity
5. Double Membership
6. Leadership of the Prime Minister
7. Dissolution of the Lower House
8. Secrecy

16. Who is the nominal executive and who is the real executive in India?

The President is the nominal executive (de jure executive or titular executive) while the Prime Minister is the real executive (de facto executive).

17. What does Article 74 provide for?

Article 74 provides for a council of ministers headed by the Prime Minister to aid and advise the President in the exercise of his/her functions.

18. What is the nature of the advice tendered by the council of ministers to the President?

The advice so tendered is binding on the President.

19. How is the government formed in a parliamentary system?

The political party which secures majority seats in the Lok Sabha forms the government.

20. Who appoints the Prime Minister and other ministers?

The leader of that party is appointed as the Prime Minister by the President; other ministers are appointed by the President on the advice of the prime minister.

21. What happens if no single party gets the majority?

However, when no single party gets the majority, a coalition of parties may be invited by the President to form the government.

22. What is the bedrock principle of parliamentary government?

Collective Responsibility is the bedrock principle of parliamentary government.

23. To whom are the ministers collectively responsible?

The ministers are collectively responsible to the Parliament in general and to the Lok Sabha in particular (Article 75).

24. What does the principle of collective responsibility imply?

They act as a team, and swim and sink together. The principle of collective responsibility implies that the Lok Sabha can remove the ministry (i.e., council of ministers headed by the Prime Minister) from office by passing a vote of no confidence.

25. What is the usual political affiliation of members of the council of ministers?

Usually members of the council of ministers belong to the same political party, and hence they share the same political ideology.

26. What happens in case of a coalition government?

In case of coalition government, the ministers are bound by consensus.

27. What does Double Membership mean in the parliamentary system?

The ministers are members of both the legislature and the executive.

28. What does the Constitution stipulate regarding a person being a minister without being a member of Parliament?

The Constitution stipulates that a minister who is not a member of the Parliament for a period of six consecutive months ceases to be a minister.

29. What is the Prime Minister’s role in the parliamentary system?

The Prime Minister plays the leadership role in this system of government. He/she is the leader of council of ministers, leader of the Parliament and leader of the party in power.

30. Who can dissolve the lower house of the Parliament (Lok Sabha)?

The lower house of the Parliament (Lok Sabha) can be dissolved by the President on recommendation of the Prime Minister.

31. What does the executive enjoy the right to do in a parliamentary system?

The executive enjoys the right to get the legislature dissolved in a parliamentary system.

32. What principle do the ministers operate on?

The ministers operate on the principle of secrecy of procedure and cannot divulge information about their proceedings, policies and decisions.

33. Who administers the oath of secrecy to the ministers?

They take the oath of secrecy before entering their office. The oath of secrecy to the ministers is administered by the President.

34. What form of government does the American Constitution provide for?

Unlike the Indian Constitution, the American Constitution provides for the presidential form of government.

35. What are the features of the American presidential system of government?

1. The American President is both the head of the State and the head of government.
2. The President is elected by an electoral college for a fixed tenure of four years. He/she cannot be removed by the Congress except by impeachment for a grave unconstitutional act.
3. The President governs with the help of a cabinet or a smaller body called ‘Kitchen Cabinet’. It is only an advisory body and consists of non-elected departmental secretaries.
4. The President and his/her secretaries are not responsible to the Congress for their acts. They neither possess membership in the Congress nor attend its sessions.
5. The President cannot dissolve the House of Representatives—the lower house of the Congress.
6. The doctrine of separation of powers is the basis of the American presidential system.

36. What is the basis of the American presidential system?

The doctrine of separation of powers.

37. What are the merits of the parliamentary system?

1. Harmony Between Legislature and Executive
2. Responsible Government
3. Prevents Despotism
4. Ready Alternative Government
5. Wide Representation

38. What is the greatest advantage of the parliamentary system?

The greatest advantage of the parliamentary system is that it ensures harmonious relationship and cooperation between the legislative and executive organs of the government.

39. How does the Parliament exercise control over the ministers?

The Parliament exercises control over the ministers through various devices like question hour, discussions, adjournment motion, no confidence motion, etc.

40. How does the parliamentary system prevent despotism?

Under this system, the executive authority is vested in a group of individuals (council of ministers) and not in a single person. This dispersal of authority checks the dictatorial tendencies of the executive.

41. What happens in the parliamentary system if the ruling party loses its majority?

In case the ruling party loses its majority, the Head of the State can invite the opposition party to form the government.

42. What did Dr. Jennings say about the leader of the opposition?

Dr. Jennings says, ‘the leader of the opposition is the alternative prime minister’.

43. What are the demerits of the parliamentary system?

1. Unstable Government
2. No Continuity of Policies
3. Dictatorship of the Cabinet
4. Against Separation of Powers
5. Government by Amateurs

44. Why is the parliamentary system criticized for Unstable Government?

The parliamentary system does not provide a stable government, as the ministers depend on the mercy of the majority legislators, and a no-confidence motion or political defection can make the government unstable.

45. Why is the parliamentary system criticized for No Continuity of Policies?

The parliamentary system is not conductive for the formulation and implementation of long-term policies due to the uncertainty of the tenure of the government. A change in the ruling party is usually followed by changes in the policies.

46. When does the cabinet become autocratic in a parliamentary system?

When the ruling party enjoys absolute majority in the Parliament, the cabinet becomes autocratic and exercises nearly unlimited powers.

47. What did H.J. Laski say about the parliamentary system?

H.J. Laski says that the parliamentary system gives the executive an opportunity for tyranny.

48. What did Ramsay Muir complain about?

Ramsay Muir, the British historian, also complained of the ‘dictatorship of the cabinet’.

49. Why is the parliamentary system criticized for being Against Separation of Powers?

In the parliamentary system, the legislature and the executive are together and inseparable, leading to a fusion of powers.

50. What did Bagehot point out about the cabinet?

As Bagehot points out, ‘the cabinet is a hyphen that joins the buckle that binds the executive and legislative departments together.’

51. Why is the parliamentary system criticized for Government by Amateurs?

The parliamentary system is not conducive to administrative efficiency as the ministers are not experts in their fields, and the Prime Minister has a limited choice in selection, restricted to members of Parliament.

52. What were the reasons for adopting the parliamentary system in India?

1. Familiarity with the System
2. Preference to More Responsibility
3. Need to Avoid Legislative—Executive Conflicts
4. Nature of Indian Society

53. What did K.M. Munshi argue regarding familiarity with the system?

K.M. Munshi argued that, ‘For the last thirty or forty years, some kind of responsibility has been introduced in the governance of this country. Our constitutional traditions have become Parliamentary. After this experience, why should we go back and buy a novel experience.’

54. What did Dr. B.R. Ambedkar point out about the two conditions a democratic executive must satisfy?

Dr. B.R. Ambedkar pointed out in the Constituent Assembly that ‘a democratic executive must satisfy two conditions: stability and responsibility’.

55. What did Dr. B.R. Ambedkar say about the American and British systems in terms of stability and responsibility?

The American system gives more stability but less responsibility. The British system, on the other hand, gives more responsibility but less stability. The Draft Constitution in recommending the parliamentary system of Executive has preferred more responsibility to more stability.

56. Why did the framers of the Constitution want to avoid legislative—executive conflicts?

The framers of the Constitution wanted to avoid the conflicts between the legislature and the executive which are bound to occur in the presidential system prevalent in USA. They thought that an infant democracy could not afford to take the risk of a perpetual cleavage, feud or conflict or threatened conflict between these two organs of the government.

57. How did the nature of Indian Society influence the adoption of the parliamentary system?

India is one of the most heterogeneous States and most complex plural societies in the world. Hence, the Constitution-makers adopted the parliamentary system as it offers greater scope for giving representation to various section, interests and regions in the government.

58. What was the Swaran Singh Committee’s opinion on continuing the parliamentary system?

The committee opined that the parliamentary system has been doing well and hence, there is no need to replace it by the presidential system.

59. What are the distinctions between the Indian and British parliamentary models?

1. India has a republican system in place of the British monarchical system.
2. The British system is based on the doctrine of the sovereignty of Parliament, while the Parliament is not supreme in India.
3. In Britain, the Prime Minister should be a member of the Lower House (House of Commons). In India, the Prime Minister may be a member of any of the two Houses of Parliament.
4. Usually, the members of Parliament alone are appointed as ministers in Britain. In India, a person who is not a member of Parliament can also be appointed as minister, but for a maximum period of six months.
5. Britain has a system of legal responsibility of the minister while India has no such system.
6. ‘Shadow cabinet’ is a unique institution of the British cabinet system. There is no such institution in India.

60. What has made the ministerial advice binding on the president?

The 42nd and 44th Amendment Acts of 1976 and 1978 respectively have made the ministerial advice binding on the president.

61. What did Montesquieu propound in his book The Spirit of Laws (1748)?

This theory was propounded by Montesquieu, a French political thinker, in his book The Spirit of Laws (1748) to promote individual liberty. He stated that concentration of powers in one person or a body of persons would result in despotism and negate individual liberty.

62. What did K.T. Shah favour?

K.T. Shah favoured the adoption of the presidential system.

63. Who were the three Prime Ministers who were members of the Rajya Sabha?

For example, three Prime Ministers, Indira Gandhi (1966), Deve Gowda (1996), and Manmohan Singh (2004), were members of the Rajya Sabha.

Chapter 14 Federal System

1. How do political scientists classify governments?

Political scientists have classified governments into unitary and federal on the basis of the nature of relations between the national government and the regional governments.

2. What is a unitary government?

A unitary government is one in which all the powers are vested in the national government and the regional governments, if at all exist, derive their authority from the national government.

3. What countries have a unitary model of government?

Britain, France, Japan, China, Italy, Norway, Sweden and so on have a unitary model of government.

4. What is a federal government?

A federal government, on the other hand, is one in which powers are divided between the national government and the regional governments by the Constitution itself and both operate in their respective jurisdictions independently.

5. What countries have a federal model of government?

The US, Switzerland, Australia, Canada, Russia, Brazil, Argentina and so on have a federal model of government.

6. What are the national and regional governments known as in a federal model?

In a federal model, the national government is known as the Federal government or the Central government or the Union government and the regional government is known as the state government or the provincial government.

7. What is the literal meaning of the term ‘federation’?

The term ‘federation’ is derived from a Latin word foedus which means ‘treaty’ or ‘agreement’.

8. What are the two ways a federation can be formed?

A federation can be formed in two ways, that is, by way of integration or by way of disintegration.

9. Which country is the first and oldest federation in the world?

The US is the first and the oldest federation in the world.

10. When was the US federation formed?

It was formed in 1787 following the American Revolution (1775–83).

11. How many states does the US federation comprise?

It comprises 50 states (originally 13 states).

12. When was the Canadian Federation formed?

The Canadian Federation, comprising 10 provinces (originally 4 provinces) is also quite old—formed in 1867.

13. What are the features of a Federal Government?

1. Dual Government (that is, national government and regional government)
2. Written Constitution
3. Division of powers between the national and regional government
4. Supremacy of the Constitution
5. Rigid Constitution
6. Independent judiciary
7. Bicameral legislature

14. What are the features of a Unitary Government?

1. Single government, that is, the national government which may create regional governments
2. Constitution may be written (France) or unwritten (Britain)
3. No division of powers. All powers are vested in the national government
4. Constitution may be supreme (Japan) or may not be supreme (Britain)
5. Constitution may be rigid (France) or flexible (Britain)
6. Judiciary may be independent or may not be independent
7. Legislature may be bicameral (Britain) or unicameral (China)

15. What kind of system of government does the Constitution of India provide for?

The Constitution of India provides for a federal system of government in the country.

16. What were the two main reasons for adopting the federal system in India?

The framers adopted the federal system due to two main reasons—the large size of the country and its socio-cultural diversity.

17. What does the federal system ensure and reconcile?

They realised that the federal system not only ensures the efficient governance of the country but also reconciles national unity with regional autonomy.

18. What does Article 1 of the Constitution describe India as?

Article 1 of the Constitution describes India as a ‘Union of States’.

19. What are the two things implied by the phrase ‘Union of States’ according to Dr. B.R. Ambedkar?

1. The Indian federation is not the result of an agreement among the states like the American federation.
2. The states have no right to secede from the federation.

20. What is the nature of the union?

The federation is a union because it is indestructible.

21. Which federal system model is the Indian federal system based on?

The Indian federal system is based on the ‘Canadian model’ and not on the ‘American model’.

22. How does the ‘Canadian model’ differ from the ‘American model’?

The ‘Canadian model’ differs fundamentally from the ‘American model’ in so far as it establishes a very strong centre.

23. In what aspects does the Indian federation resemble the Canadian federation?

The Indian federation resembles the Canadian federation: (i) in its formation (i.e., by way of disintegration); (ii) in its preference to the term ‘Union’ (the Canadian federation is also called a ‘Union’); and (iii) in its centralising tendency (i.e., vesting more powers in the centre vis-a-vis the states).

24. What are the federal features of the Constitution?

1. Dual Polity
2. Written Constitution
3. Division of Powers
4. Supremacy of the Constitution
5. Rigid Constitution
6. Independent Judiciary
7. Bicameralism

25. What does the Constitution establish in terms of polity?

The Constitution establishes a dual polity consisting of the Union at the Centre and the states at the periphery.

26. What powers are endowed to the Union and state governments?

Each is endowed with sovereign powers to be exercised in the field assigned to them respectively by the Constitution.

27. What matters does the Union government deal with?

The Union government deals with matters of national importance like defence, foreign affairs, currency, communication and so on.

28. What matters do the state governments look after?

The state governments look after matters of regional and local importance like public order, agriculture, health, local government and so on.

29. How is the Indian Constitution described in terms of being a written document?

The Constitution is not only a written document but also the lengthiest Constitution of the world.

30. What did the Constitution originally contain, and what does it presently consist of?

Originally, it contained a Preamble, 395 Articles (divided into 22 Parts) and 8 Schedules. At present, it consists of a Preamble, about 470 Articles (divided into 25 Parts) and 12 Schedules.

31. What does the Constitution specify and prescribe?

It specifies the structure, organisation, powers and functions of both the Central and state governments and prescribes the limits within which they must operate.

32. What does the Constitution avoid by being a written document?

Thus, it avoids the misunderstandings and disagreements between the two.

33. How does the Constitution divide legislative powers between the Centre and the states?

The Constitution divided the powers between the Centre and the states in terms of the Union List, State List and Concurrent List in the Seventh Schedule.

34. What are the current numbers of subjects in the Union List, State List, and Concurrent List?

The Union List consists of 98 subjects (originally 97), the State List 59 subjects (originally 66) and the Concurrent List 52 subjects (originally 47).

35. Who has exclusive powers to make laws on matters in the Union List?

The Parliament has exclusive powers to make laws with respect to any of the matters enumerated in the Union List.

36. Who has exclusive powers to make laws on matters in the State List in normal circumstances?

The state legislature has “in normal circumstances” exclusive powers to make laws with respect to any of the matters enumerated in the State List.

37. Who can make laws on matters in the Concurrent List?

Both, the Parliament and state legislature can make laws with respect to any of the matters enumerated in the Concurrent List.

38. What happens in case of a conflict between Central and state laws on the Concurrent List?

In case of a conflict, the Central law prevails.

39. To whom are the residuary subjects given?

The residuary subjects (i.e., which are not mentioned in any of the three lists) are given to the Centre.

40. What is the supremacy of the Constitution?

The Constitution is the supreme (or the highest) law of the land.

41. What happens if laws enacted by the Centre and states do not conform to the Constitution?

Otherwise, they can be declared invalid by the Supreme Court or the high courts through their power of judicial review.

42. How can the division of powers and the supremacy of the Constitution be maintained?

The division of powers established by the Constitution as well as the supremacy of the Constitution can be maintained only if the method of its amendment is rigid.

43. What is the requirement for amending provisions concerned with the federal structure?

Such provisions require for their amendment a special majority of the Parliament and also an approval of half of the state legislatures.

44. What does the Constitution establish regarding the judiciary?

The Constitution establishes an independent judiciary headed by the Supreme Court.

45. What are the two purposes for establishing an independent judiciary?

1. To protect the supremacy of the Constitution by exercising the power of judicial review.
2. To settle the disputes between the Centre and the states or between the states.

46. What does the Constitution provide for regarding the legislature?

The Constitution provides for a bicameral legislature consisting of an Upper House (Rajya Sabha) and a Lower House (Lok Sabha).

47. What does the Rajya Sabha represent?

The Rajya Sabha represents the states of Indian Federation.

48. What does the Lok Sabha represent?

The Lok Sabha represents the people of India as a whole.

49. What is the role of the Rajya Sabha in maintaining federal equilibrium?

The Rajya Sabha (even though a less powerful chamber) is required to maintain the federal equilibrium by protecting the interests of the states against the undue interference of the Centre.

50. What are the unitary features of the Constitution?

1. Strong Centre
2. States Not Indestructible
3. Single Constitution
4. Flexibility of the Constitution
5. No Equality of State Representation
6. Emergency Provisions
7. Single Citizenship
8. Integrated Judiciary
9. All-India Services
10. Integrated Audit Machinery
11. Parliament’s Authority Over State List
12. Appointment of Governor
13. Integrated Election Machinery
14. Veto Over State Bills

51. Why is the Centre considered strong in the Indian Constitution?

The division of powers is in favour of the Centre and highly inequitable from the federal angle. The Union List contains more subjects, more important subjects, overriding authority over Concurrent List, and residuary powers with the Centre.

52. What is the status of states’ territorial integrity in India compared to other federations?

Unlike in some other federations, the states in India have no right to territorial integrity. The Parliament can by unilateral action change the area, boundaries or name of any state.

53. How is the Indian Federation described in this context?

Hence, the Indian Federation is “an indestructible Union of destructible states”.

54. How is the American Federation described in this context?

The American Federation, on the other hand, is described as “an indestructible Union of indestructible states”.

55. Do states in India have the right to frame their own Constitution?

No, in India, on the contrary, no such power is given to the states.

56. What was the only exception to the single Constitution rule?

The only exception in this regard was the case of erstwhile Jammu and Kashmir which had its own (state) Constitution.

57. How does the flexibility of the Indian Constitution compare to other federations?

The process of constitutional amendment is less rigid than what is found in other federations. The bulk of the Constitution can be amended by the unilateral action of the Parliament.

58. Where does the power to initiate an amendment to the Constitution lie in India?

The power to initiate an amendment to the Constitution lies only with the Centre.

59. What are the three types of emergencies stipulated by the Constitution?

The Constitution stipulates three types of emergencies—national, state and financial.

60. What happens to the Central government during an emergency?

During an emergency, the Central government becomes all powerful and the states go into the total control of the Centre.

61. What kind of transformation of the political system happens during an emergency?

It converts the federal structure into a unitary one without a formal amendment of the Constitution. This kind of transformation is a unique feature of the Indian Constitution.

62. What kind of citizenship does the Indian Constitution adopt despite a dual polity?

In spite of a dual polity, the Constitution of India, like that of Canada, adopted the system of single citizenship.

63. How does the Indian judicial system compare to the US system?

The Indian Constitution has established an integrated judicial system with the Supreme Court at the top and the state high courts below it. This single system of courts enforces both the Central laws as well as the state laws. In US, on the other hand, there is a double system of courts.

64. What are the All-India Services?

In India, besides separate public services for the Centre and states, there are All-India Services—IAS, IPS, and IFoS—which are common to both the Centre and the states.

65. Who recruits and trains the members of All-India Services?

The members of these services are recruited and trained by the Centre.

66. What is the ultimate control over All-India Services?

The ultimate control lies with the Central government.

67. Who audits the accounts of the Central and state governments?

The Comptroller and Auditor-General of India audits the accounts of not only the Central government but also those of the states.

68. Who appoints and removes the Comptroller and Auditor-General of India?

His/her appointment and removal is done by the President without consulting the states.

69. What is the impact of the Comptroller and Auditor-General’s office on the financial autonomy of states?

Hence, this office restricts the financial autonomy of the states.

70. What is the Parliament’s power over the State List?

The Parliament is empowered to legislate on any subject of the State List if the Rajya Sabha passes a resolution to that effect in the national interest.

71. Who appoints the governor of a state?

The governor, who is the head of the state, is appointed by the President.

72. Who conducts elections to the Central legislature and state legislatures?

The Election Commission conducts elections not only to the Central legislature but also to the state legislatures.

73. Who constitutes the Election Commission?

This body is constituted by the President and the states have no say in this matter.

74. What is the Governor’s power regarding state bills?

The governor is empowered to reserve certain types of bills passed by the state legislature for the consideration of the President.

75. What kind of veto does the President enjoy over state bills?

The President enjoys absolute veto (and not suspensive veto) over state bills.

76. What did K.C. Wheare describe the Constitution of India as?

K.C. Wheare described the Constitution of India as “quasi-federal”.

77. What did K. Santhanam say were the two factors responsible for increasing the unitary bias of the Constitution?

According to K. Santhanam, the two factors responsible were: (i) the dominance of the Centre in the financial sphere and the dependence of the states upon the Central grants; and (ii) the emergence of a powerful erstwhile planning commission which controlled the developmental process in the states.

78. What did Paul Appleby characterise the Indian system as?

Paul Appleby characterises the Indian system as “extremely federal”.

79. What did Morris Jones term the Indian system as?

Morris Jones termed it as a “bargaining federalism”.

80. What did Ivor Jennings describe the Indian Constitution as?

Ivor Jennings has described it as a “federation with a strong centralising tendency”.

81. What did Alexandrowicz state about India?

Alexandrowicz stated that “India is a case sui generis (i.e., unique in character).

82. What did Granville Austin call the Indian federalism?

Granville Austin, an American constitutional expert, called the Indian federalism as a “cooperative federalism”.

83. What did Dr. B.R. Ambedkar observe about the Indian Constitution in the Constituent Assembly?

Dr. B.R. Ambedkar observed in the Constituent Assembly: “The Constitution is a Federal Constitution in as much as it establishes a dual polity. The Union is not a league of states, united in a loose relationship, nor are the states the agencies of the Union, deriving powers from it. Both the Union and the states are created by the Constitution, both derive their respective authority from the Constitution.”

84. What did Dr. B.R. Ambedkar further observe about the Constitution’s flexibility?

He further observed: “Yet the Constitution avoids the tight mould of federalism and could be both unitary as well as federal according to the requirements of time and circumstances”.

85. What did the Supreme Court lay down in the Bommai case (1994)?

In the Bommai case (1994), the Supreme Court laid down that the Constitution is federal and characterised federalism as its ‘basic feature’.

86. What did the Court observe regarding the powers of the Centre vis-a-vis the states?

It observed: “The fact that under the scheme of our Constitution, greater power is conferred upon the Centre vis-a-vis the states does not mean that the states are mere appendages of the Centre. The states have an independent constitutional existence. They are not satellites or agents of the Centre. Within the sphere allotted to them, the states are supreme.”

87. What did the Court say about federalism in the Indian Constitution?

The Court observed: “Let it be said that the federalism in the Indian Constitution is not a matter of administrative convenience, but one of principle—the outcome of our own process and a recognition of the ground realities”.

88. What two conflicting considerations does federalism in India represent a compromise between?

In fact, the federalism in India represents a compromise between the following two conflicting considerations: (i) normal division of powers under which states enjoy autonomy within their own spheres; and (ii) need for national integrity and a strong Union government under exceptional circumstances.

89. What trends in the working of the Indian political system reflect its federal spirit?

(i) Territorial disputes between states; (ii) Disputes between states over sharing of river water; (iii) The emergence of regional parties and their coming to power in states; (iv) The creation of new states to fulfil regional aspirations; (v) Demand of the states for more financial grants from the Centre; (vi) Assertion of autonomy by the states and their resistance to the interference from the Centre; (vii) Supreme Court’s imposition of several procedural limitations on the use of Article 356 (President’s Rule in the States) by the Centre.

90. What did the American Constitution originally consist of?

The American Constitution originally consisted of 7 Articles only.

91. What did the Australian Constitution originally consist of?

The Australian Constitution originally consisted of 128 Articles.

92. What did the Canadian Constitution originally consist of?

The Canadian Constitution originally consisted of 147 Articles.

93. What did the 7th Constitutional Amendment Act of 1956 add?

This provision (the power of the states to entrust functions to the Centre) was added by the 7th Constitutional Amendment Act of 1956.

94. What did Dr. B.R. Ambedkar say in the Constituent Assembly regarding All-India Services?

Dr. B.R. Ambedkar observed that: “The dual polity which is inherent in a federal system is followed in all federations by a dual service. In all federations, there is a Federal Civil Service and a State Civil Service. The Indian federation, though a dual polity, will have a dual service, but with one exception. It is recognised that in every country there are certain posts in its administrative set up which might be called strategic from the point of view of maintaining the standard of administration. There can be no doubt that the standard of administration depends upon the calibre of the civil servants who are appointed to the strategic posts. The Constitution provides that without depriving the states of their rights to form their own civil services, there shall be an all-India service, recruited on an all-India basis with common qualifications, with uniform scale of pay and members of which alone could be appointed to those strategic posts throughout the Union”.

95. What did K. Santhanam write about in Union-State Relations in India?

K. Santhanam: Union-State Relations in India, 1960, pp. 50–70.

96. What did Paul Appleby write about in Public Administration in India?

Paul Appleby: Public Administration in India, 1953, p. 51.

97. What did Morris Jones write about in The Government and Politics in India?

Morris Jones: The Government and Politics in India, 1960, p. 14.

98. What did C.H. Alexandrowicz write about in Constitutional Development in India?

C.H. Alexandrowicz: Constitutional Development in India, 1957, pp. 157–70.

99. What did Granville Austin write about in The Indian Constitution—Cornerstone of a Nation?

Granville Austin: The Indian Constitution—Cornerstone of a Nation, Oxford, 1966, pp. 186–88.

100. What did P.B. Gajendragadker write about in The Constitution of India (Its Philosophy and Postulates)?

P.B. Gajendragadker, The Constitution of India (Its Philosophy and Postulates), p. 11.

101. What did Dr. B.R. Ambedkar say in his speech in the Constituent Assembly on 25.11.1949, reproduced in The Constitution and the Constituent Assembly?

Dr. B.R. Ambedkar’s speech in the Constituent Assembly on 25.11.1949 reproduced in The Constitution and the Constituent Assembly; Lok Sabha Secretariat, 1990, p. 176.

102. What case is S.R. Bommai vs. Union of India?

S.R. Bommai vs. Union of India (1994).

103. What did Subash C. Kashyap write about in Our Parliament?

Subash C. Kashyap: Our Parliament, National Book Trust, 1999 Edition, p. 40.

Chapter 15 Centre–State Relations

1. How are powers divided in the Indian Constitution?

The Constitution of India, being federal in structure, divides all powers (legislative, executive and financial) between the Centre and the states.

2. Is there a division of judicial power in the Indian Constitution?

No, there is no division of judicial power as the Constitution has established an integrated judicial system to enforce both the Central laws as well as state laws.

3. What is essential for the effective operation of the federal system?

Maximum harmony and coordination between the Centre and the states is essential for the effective operation of the federal system.

4. What are the three heads under which Centre-state relations can be studied?

The Centre-state relations can be studied under three heads:

• Legislative relations.
• Administrative relations.
• Financial relations.

5. What articles and Part of the Constitution deal with the legislative relations between the Centre and the states?

Articles 245 to 255 in Part XI of the Constitution deal with the legislative relations between the Centre and the states.

6. What are the four aspects of Centre–states legislative relations?

1. Territorial extent of Central and state legislation;
2. Distribution of legislative subjects;
3. Parliamentary legislation in the state field; and
4. Centre’s control over state legislation.

7. How does the Constitution define the territorial limits of the legislative powers vested in the Centre and the states?

(i) The Parliament can make laws for the whole or any part of the territory of India. (ii) A state legislature can make laws for the whole or any part of the state. (iii) The Parliament alone can make ‘extra-territorial legislation’.

8. What does the territory of India include?

The territory of India includes the states, the union territories, and any other area for the time being included in the territory of India.

9. When are laws made by a state legislature not applicable outside the state?

The laws made by a state legislature are not applicable outside the state, except when there is a sufficient nexus between the state and the object.

10. What are the restrictions on the plenary territorial jurisdiction of the Parliament?

1. The President can make regulations for the peace, progress and good government of the Union Territories of the Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli and Daman and Diu and Ladakh. In the case of Puducherry also, the President can legislate by making regulations but only when the Assembly is suspended or dissolved.
2. The governor is empowered to direct that an act of Parliament does not apply to a scheduled area in the state or apply with specified modifications and exceptions.
3. The Governor of Assam may likewise direct that an act of Parliament does not apply to a tribal area (autonomous district) in the state or apply with specified modifications and exceptions. The President enjoys the same power with respect to tribal areas (autonomous districts) in Meghalaya, Tripura and Mizoram.

11. What does the Constitution provide for regarding the distribution of legislative subjects?

The Constitution provides for a three-fold distribution of legislative subjects between the Centre and the states, viz., List-I (the Union List), List-II (the State List) and List-III (the Concurrent List) in the Seventh Schedule.

12. Who has exclusive powers to make laws on matters enumerated in the Union List?

The Parliament has exclusive powers to make laws with respect to any of the matters enumerated in the Union List.

13. What are some of the subjects in the Union List?

This list has at present 98 subjects (originally 97 subjects) like defence, banking, foreign affairs, currency, atomic energy, insurance, communication, inter-state trade and commerce, census, audit and so on.

14. Who has exclusive powers to make laws on matters enumerated in the State List in normal circumstances?

The state legislature has “in normal circumstances” exclusive powers to make laws with respect to any of the matters enumerated in the State List.

15. What are some of the subjects in the State List?

This has at present 59 subjects (originally 66 subjects) like public order, police, public health and sanitation, agriculture, prisons, local government, fisheries, markets, theaters, gambling and so on.

16. Who can make laws on matters enumerated in the Concurrent List?

Both, the Parliament and state legislature can make laws with respect to any of the matters enumerated in the Concurrent List.

17. What are some of the subjects in the Concurrent List?

This list has at present 52 subjects (originally 47 subjects) like criminal law and procedure, civil procedure, marriage and divorce, population control and family planning, electricity, labour welfare, economic and social planning, drugs, newspapers, books and printing press, and others.

18. What subjects were transferred from the State List to the Concurrent List by the 42nd Amendment Act of 1976?

The 42nd Amendment Act of 1976 transferred five subjects to Concurrent List from State List, that is, (a) education, (b) forests, (c) weights and measures, (d) protection of wild animals and birds, and (e) administration of justice; constitution and organisation of all courts except the Supreme Court and the high courts.

19. What is the Parliament’s power regarding laws on matters in the State List not included in a state?

The Parliament has power to make laws with respect to any matter for any part of the territory of India not included in a state even though that matter is one which is enumerated in the State List.

20. What does the 101st Amendment Act of 2016 make a special provision for?

The 101st Amendment Act of 2016 has made a special provision with respect to goods and services tax.

21. Who has power to make laws with respect to goods and services tax?

Accordingly, the Parliament and the state legislature have power to make laws with respect to goods and services tax imposed by the Union or by the State.

22. Who has exclusive power to make laws with respect to goods and services tax where the supply takes place in the course of inter-state trade or commerce?

Further, the parliament has exclusive power to make laws with respect to goods and services tax where the supply of goods or services or both takes place in the course of inter-state trade or commerce.

23. To whom is the power to make laws with respect to residuary subjects vested?

The power to make laws with respect to residuary subjects (i.e., the matters which are not enumerated in any of the three lists) is vested in the Parliament.

24. What does this residuary power of legislation include?

This residuary power of legislation includes the power to levy residuary taxes.

25. What is the purpose of including matters of national importance and those requiring uniformity of legislation in the Union List?

From the above scheme, it is clear that the matters of national importance and the matters which require uniformity of legislation nationwide are included in the Union List.

26. What is the purpose of specifying matters of regional and local importance and those permitting diversity of interest in the State List and Concurrent List?

The matters of regional and local importance and the matters which permit diversity of interest are specified in the State List. The matters on which uniformity of legislation throughout the country is desirable but not essential are enumerated in the concurrent list. Thus, it permits diversity along with uniformity.

27. How do residuary powers differ in the US and Canada compared to India?

In US, only the powers of the Federal Government are enumerated in the Constitution and the residuary powers are left to the states. The Australian Constitution followed the American pattern of single enumeration of powers. In Canada, on the other hand, there is a double enumeration—Federal and Provincial, and the residuary powers are vested in the Centre.

28. What was the scheme of power enumeration in the Government of India Act of 1935?

The Government of India Act of 1935 provided for a three-fold enumeration, viz., federal, provincial and concurrent.

29. How does the present Constitution follow the scheme of the Government of India Act of 1935?

The present Constitution follows the scheme of this act but with one difference, that is, under this act, the residuary powers were given neither to the federal legislature nor to the provincial legislature but to the Governor-General of India. In this respect, India follows the Canadian precedent.

30. What does the Constitution expressly secure regarding the predominance of lists?

The Constitution expressly secures the predominance of the Union List over the State List and the Concurrent List and that of the Concurrent List over the State List.

31. What happens in case of overlapping between the Union List and the State List?

Thus, in case of overlapping between the Union List and the State List, the former should prevail.

32. What happens in case of overlapping between the Union List and the Concurrent List?

In case of overlapping between the Union List and the Concurrent List, it is again the former which should prevail.

33. What happens in case of a conflict between the Concurrent List and the State List?

Where there is a conflict between the Concurrent List and the State List, it is the former that should prevail.

34. What happens in case of a conflict between the Central law and the state law on a subject enumerated in the Concurrent List?

In case of a conflict between the Central law and the state law on a subject enumerated in the Concurrent List, the central law prevails over the state law.

35. What is the exception to the rule of Central law prevailing on the Concurrent List?

If the state law has been reserved for the consideration of the President and has received his/her assent, then the state law prevails in that state.

36. What is the Parliament’s power regarding such a state law?

But, it would still be competent for the Parliament to override such a law by subsequently making a law on the same matter.

37. What are the five extraordinary circumstances under which the Parliament can make laws on any matter enumerated in the State List?

1. When Rajya Sabha Passes a Resolution.
2. During a National Emergency.
3. When States Make a Request.
4. To Implement International Agreements.
5. During President’s Rule.

38. What is required for the Rajya Sabha to declare it necessary for Parliament to make laws on a matter in the State List?

Such a resolution must be supported by two-thirds of the members present and voting.

39. How long does such a resolution remain in force?

The resolution remains in force for one year; it can be renewed any number of times but not exceeding one year at a time.

40. When do the laws cease to have effect?

The laws cease to have effect on the expiration of six months after the resolution has ceased to be in force.

41. Does this provision restrict the power of a state legislature to make laws on the same matter?

This provision does not restrict the power of a state legislature to make laws on the same matter.

42. What happens in case of inconsistency between a state law and a parliamentary law?

But, in case of inconsistency between a state law and a parliamentary law, the latter is to prevail.

43. When does the Parliament acquire the power to legislate with respect to matters in the State List?

The Parliament acquires the power to legislate with respect to goods and services tax or matters in the State List, while a proclamation of national emergency is in operation.

44. When do these laws become inoperative?

The laws become inoperative on the expiration of six months after the emergency has ceased to operate.

45. Is the power of a state legislature to make laws on the same matter restricted during a national emergency?

No, the power of a state legislature to make laws on the same matter is not restricted.

46. What happens in case of repugnancy between a state law and a parliamentary law during a national emergency?

But, in case of repugnancy between a state law and a parliamentary law, the latter is to prevail.

47. When can the Parliament make laws for regulating matters in the State List?

When the legislatures of two or more states pass resolutions requesting the Parliament to enact laws on a matter in the State List, then the Parliament can make laws for regulating that matter.

48. To which states does a law so enacted apply?

A law so enacted applies only to those states which have passed the resolutions.

49. Who can amend or repeal such a law?

Such a law can be amended or repealed only by the Parliament and not by the legislatures of the concerned states.

50. What is the effect of passing a resolution under this provision?

The effect of passing a resolution under the above provision is that the Parliament becomes entitled to legislate with respect to a matter for which it has no power to make a law. On the other hand, the state legislature ceases to have the power to make a law with respect to that matter.

51. What are some examples of laws passed under this provision?

Some examples of laws passed under the above provision are Prize Competition Act, 1955; Wild Life (Protection) Act, 1972; Water (Prevention and Control of Pollution) Act, 1974; Urban Land (Ceiling and Regulation) Act, 1976; and Transplantation of Human Organs Act, 1994.

52. When can the Parliament make laws on any matter in the State List for implementing international agreements?

The Parliament can make laws on any matter in the State List for implementing the international treaties, agreements or conventions.

53. What is the purpose of this provision?

This provision enables the Central government to fulfil its international obligations and commitments.

54. What are some examples of laws enacted under this provision?

Some examples of laws enacted under the above provision are United Nations (Privileges and Immunities) Act, 1947; Geneva Convention Act, 1960; Anti-Hijacking Act, 1982 and legislations relating to environment and TRIPS.

55. When does the Parliament become empowered to make laws with respect to any matter in the State List in relation to that state?

When the President’s rule is imposed in a state, the Parliament becomes empowered to make laws with respect to any matter in the State List in relation to that state.

56. Does a law made by the Parliament during President’s rule continue to be operative after the rule?

Yes, a law made so by the Parliament continues to be operative even after the president’s rule.

57. What are the ways the Centre exercises control over the state’s legislative matters?

1. The Governor can reserve a bill passed by the state legislature for the consideration of the President.
2. A state bill imposing restrictions on the freedom of trade, commerce and intercourse with that state or within that state can be introduced in the legislature of the state only with the previous sanction of the President (Article 304).
3. The Centre can direct the states to reserve money bills and other financial bills passed by the state legislature for the President’s consideration during a financial emergency (Article 360).
4. The Governor cannot make an ordinance without the instructions from the President in certain cases (Article 213).

58. What did the Sarkaria Commission on Centre–State Relations (1983–88) observe about the rule of federal supremacy?

The Sarkaria Commission on Centre–State Relations (1983–88) observed: “The rule of federal supremacy is a technique to avoid absurdity, resolve conflict and ensure harmony between the Union and state laws. If this principle of union supremacy is excluded, it is not difficult to imagine its deleterious results. There will be every possibility of our two-tier political system being stultified by interference, strife, legal chaos and confusion caused by a host of conflicting laws, much to the bewilderment of the common citizen. Integrated legislative policy and uniformity on basic issues of common Union–state concern will be stymied. The federal principle of unity in diversity will be very much a casualty. This rule of federal supremacy, therefore, is indispensable for the successful functioning of the federal system”.

59. What articles and Part of the Constitution deal with the administrative relations between the Centre and the states?

Articles 256 to 263 in Part XI of the Constitution deal with the administrative relations between the Centre and the states.

60. How is the executive power divided between the Centre and the states?

The executive power has been divided between the Centre and the states on the lines of the distribution of legislative powers, except in few cases.

61. To what matters does the executive power of the Centre extend?

The executive power of the Centre extends to the whole of India: (i) to the matters on which the Parliament has exclusive power of legislation (i.e., the subjects enumerated in the Union List); and (ii) to the exercise of rights, authority and jurisdiction conferred on it by any treaty or agreement.

62. To what matters does the executive power of a state extend?

Similarly, the executive power of a state extends to its territory in respect of matters on which the state legislature has exclusive power of legislation (i.e., the subjects enumerated in the State List).

63. Where does the executive power rest for matters on the Concurrent List?

In respect of matters on which both the Parliament and the state legislatures have power of legislation (i.e., the subjects enumerated in the Concurrent List), the executive power rests with the states except when a Constitutional provision or a parliamentary law specifically confers it on the Centre.

64. What are the two restrictions placed on the executive power of the states by the Constitution?

1. The executive power of every state is to be exercised in such a way as to ensure compliance with the laws made by the Parliament and any existing law which apply in the state.
2. As not to impede or prejudice the exercise of executive power of the Centre in the state.

65. What is the sanction behind these directions of the Centre?

The sanction behind these directions of the Centre is coercive in nature.

66. What does Article 365 say?

Thus, Article 365 says that where any state has failed to comply with (or to give effect to) any directions given by the Centre, it will be lawful for the President to hold that a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of the Constitution.

67. What is the consequence of a state failing to comply with Centre’s directions?

It means that, in such a situation, the President’s rule can be imposed in the state under Article 356.

68. What matters is the Centre empowered to give directions to the states regarding the exercise of their executive power?

1. The construction and maintenance of means of communication (declared to be of national or military importance) by the state.
2. The measures to be taken for the protection of the railways within the state.
3. The provision of adequate facilities for instruction in the mother-tongue at the primary stage of education to children belonging to linguistic minority groups in the state.
4. The drawing up and execution of the specified schemes for the welfare of the Scheduled Tribes in the state.

69. What does the Constitution provide for regarding inter-government delegation of executive functions?

The Constitution provides for inter-government delegation of executive functions in order to mitigate rigidity and avoid a situation of deadlock.

70. How can the President entrust executive functions of the Centre to a state government?

The President may, with the consent of the state government, entrust to that government any of the executive functions of the Centre.

71. How can the governor of a state entrust executive functions to the Central government?

Conversely, the governor of a state may, with the consent of the Central government, entrust to that government any of the executive functions of the state.

72. How can the Parliament delegate executive functions of the Centre to a state without its consent?

The Constitution also makes a provision for the entrustment of the executive functions of the Centre to a state without the consent of that state. But, in this case, the delegation is by the Parliament and not by the president.

73. What are the provisions in the Constitution to secure cooperation and coordination between the Centre and the states?

1. The Parliament can provide for the adjudication of any dispute or complaint with respect to the use, distribution and control of waters of any inter-state river and river valley.
2. The President can establish (under Article 263) an Inter-State Council to investigate and discuss subject of common interest between the Centre and the states.
3. Full faith and credit is to be given throughout the territory of India to public acts, records and judicial proceedings of the Centre and every state.
4. The Parliament can appoint an appropriate authority to carry out the purposes of the constitutional provisions relating to the interstate freedom of trade, commerce and intercourse.

74. When was the Inter-State Council set up?

Such a council was set up in 1990.

75. What are the All-India Services?

In addition, there are All-India Services—IAS, IPS, and IFoS.

76. What positions do the members of these services occupy?

The members of these services occupy top positions (or key posts) under both the Centre and the states and serve them by turns.

77. Who recruits and trains the members of All-India Services?

They are recruited and trained by the Centre.

78. What is the ultimate control over All-India Services?

The ultimate control lies with the Central government while the immediate control vests with the state governments.

79. When was the Indian Forest Service (IFoS) created?

In 1966, the Indian Forest Service (IFoS) was created as the third All-India Service.

80. What does Article 312 authorise the Parliament to do?

Article 312 of the Constitution authorises the Parliament to create new All-India Services on the basis of a Rajya Sabha resolution to that effect.

81. What is the structure of these All-India Services?

Each of these three All-India Services, irrespective of their division among different states, form a single service with common rights and status and uniform scales of pay throughout the country.

82. What are the grounds on which All-India Services are supported, despite violating federalism?

1. They help in maintaining high standard of administration in the Centre as well as in the states.
2. They help to ensure uniformity of the administrative system throughout the country.
3. They facilitate liaison, cooperation, coordination and joint action on the issues of common interest between the Centre and the states.

83. What are the Centre–state relations in the field of public service commissions?

1. The Chairman and members of a state public service commission, though appointed by the governor of the state, can be removed only by the President.
2. The Parliament can establish a Joint State Public Service Commission (JSPSC) for two or more states on the request of the state legislatures concerned.
3. The Union Public Service Commission (UPSC) can serve the needs of a state on the request of the state governor and with the approval of the President.
4. The UPSC assists the states (when requested by two or more states) in framing and operating schemes of joint recruitment for any services for which candidates possessing special qualifications are required.

84. Who appoints the chairman and members of the JSPSC?

The chairman and members of the JSPSC are appointed by the President.

85. What kind of judicial system does the Constitution establish?

The Constitution establishes an integrated judicial system with the Supreme Court at the top and the state high courts below it.

86. How does this single system of courts enforce laws?

This single system of courts enforces both the Central laws as well as the state laws.

87. What is the purpose of this single system of courts?

This is done to eliminate diversities in the remedial procedure.

88. Who appoints the judges of a state high court?

The judges of a state high court are appointed by the President in consultation with the Chief Justice of India and the governor of the state.

89. Who can transfer and remove the judges of a state high court?

They can also be transferred and removed by the President.

90. What can the Parliament establish regarding high courts?

The Parliament can establish a common high court for two or more states.

91. What are the relations between the Centre and states during emergencies?

(i) During a national emergency (under Article 352), the Centre becomes entitled to give executive directions to a state on ‘any’ matter. (ii) When the President’s Rule is imposed in a state (under Article 356), the President can assume to himself/herself the functions of the state government and powers vested in the Governor or any other executive authority in the state. (iii) During the operation of a financial emergency (under Article 360), the Centre can direct the states to observe canons of financial propriety and can give other necessary directions including the reduction of salaries of persons serving in the state.

92. What are the other provisions that enable the Centre to exercise control over the state administration?

1. Article 355 imposes two duties on the Centre: (a) to protect every state against external aggression and internal disturbance; and (b) to ensure that the government of every state is carried on in accordance with the provisions of the Constitution.
2. The governor of a state is appointed by the President. He/she holds office during the pleasure of the President. In addition to the Constitutional head of the state, the governor acts as an agent of the Centre in the state. He/she submits periodical reports to the Centre about the administrative affairs of the state.
3. The state election commissioner, though appointed by the governor of the state, can be removed only by the President.

93. What are the extra-constitutional devices to promote cooperation and coordination between the Centre and the states?

These include a number of advisory bodies and conferences held at the Central level.

94. What are some of the non-constitutional advisory bodies?

The non-constitutional advisory bodies include the NITI Ayog (which succeeded the planning commission), the National Integration Council, the Central Council of Health and Family Welfare, the Central Council of Local Government, the Zonal Councils, the North-Eastern Council, the Central Council of Indian Medicine, the Central Council of Homoeopathy, the Transport Development Council, the University Grants Commission and so on.

95. What are some of the important conferences held to facilitate Centre–state consultation?

(i) The governors’ conference (presided over by the President). (ii) The chief ministers’ conference (presided over by the prime minister). (iii) The chief secretaries’ conference (presided over by the cabinet secretary). (iv) The conference of inspector-general of police. (v) The chief justices’ conference (presided over by the chief justice of India). (vi) The conference of vice-chancellors. (vii) The home ministers’ conference (presided over by the Central home minister). (viii) The law ministers’ conference (presided over by the Central law minister).

96. What articles and Part of the Constitution deal with Centre–state financial relations?

Articles 268 to 293 in Part XII of the Constitution deal with Centre–state financial relations.

97. How does the Constitution divide the taxing powers between the Centre and the states?

• The Parliament has exclusive power to levy taxes on subjects enumerated in the Union List (which are 13 in number).
• The state legislature has exclusive power to levy taxes on subjects enumerated in the State List (which are 18 in number).
• There are no tax entries in the Concurrent List.
• The residuary power of taxation is vested in the Parliament.

98. What is the exception made by the 101st Amendment Act of 2016 regarding concurrent jurisdiction for tax legislation?

The 101st Amendment Act of 2016 has made an exception by making a special provision with respect to goods and services tax, conferring concurrent power upon the Parliament and State Legislatures.

99. What are some of the residuary taxes imposed by Parliament?

Under this provision, the Parliament has imposed gift tax, wealth tax and expenditure tax.

100. What is the distinction drawn by the Constitution regarding tax proceeds?

The Constitution also draws a distinction between the power to levy and collect a tax and the power to appropriate the proceeds of the tax so levied and collected.

101. What are the restrictions placed on the taxing powers of the states?

(i) A state legislature can impose taxes on professions, trades, callings and employments. But, the total amount of such taxes payable by any person should not exceed ₹2,500 per annum. (ii) A state legislature is prohibited from imposing a tax on the supply of goods or services or both in the following two cases: (a) where such supply takes place outside the state; and (b) where such supply takes place in the course of import or export. (iii) A state legislature can impose tax on the consumption or sale of electricity. But, no tax can be imposed on the consumption or sale of electricity which is (a) consumed by the Centre or sold to the Centre; or (b) consumed in the construction, maintenance or operation of any railway by the Centre or by the concerned railway company or sold to the Centre or the railway company for the same purpose. (iv) A state legislature can impose a tax in respect of any water or electricity stored, generated, consumed, distributed or sold by any authority established by Parliament for regulating or developing any inter-state river or river valley. But, such a law, to be effective, should be reserved for the president’s consideration and receive his/her assent.

102. What amendment acts have introduced major changes in the scheme of the distribution of tax revenues?

The 80th Amendment Act of 2000 and the 101st Amendment Act of 2016 have introduced major changes in the scheme of the distribution of tax revenues between the centre and the states.

103. What did the 80th Amendment Act of 2000 give effect to?

The 80th Amendment was enacted to give effect to the recommendations of the 10th Finance Commission.

104. What did the 10th Finance Commission recommend regarding central taxes and duties?

The Commission recommended that out of the total income obtained from certain central taxes and duties, 29% should go to the states. This is known as the ‘Alternative Scheme of Devolution’.

105. When did the ‘Alternative Scheme of Devolution’ come into effect?

It came into effect retrospectively from April 1, 1996.

106. What did the 101st Amendment Act of 2016 pave the way for?

The 101st Amendment has paved the way for the introduction of a new tax regime (i.e., goods and services tax – GST) in the country.

107. What did the Amendment provide for subsuming of various central indirect taxes and levies?

The Amendment provided for subsuming of various central indirect taxes and levies such as (i) Central Excise Duty, (ii) Additional Excise Duties, (iii) Excise Duty levied under the Medicinal and Toilet Preparations (Excise Duties) Act, 1955, (iv) Service Tax, (v) Additional Customs Duty commonly known as Countervailing Duty, (vi) Special Additional Duty of Customs, and (vii) Central Surcharges and Cesses so far as they related to the supply of goods and services.

108. What did the Amendment provide for subsuming of various state indirect taxes and levies?

Similarly, the Amendment provided for subsuming of (i) State Value Added Tax / Sales Tax, (ii) Entertainment Tax (other than the tax levied by the local bodies), (iii) Central Sales Tax (levied by the Centre and collected by the States), (iv) Octroi and Entry Tax, (v) Purchase Tax, (vi) Luxury Tax, (vii) Taxes on lottery, betting and gambling, and (viii) State Surcharges and Cesses in so far as they related to the supply of goods and services.

109. What articles were deleted by the 101st Amendment Act of 2016?

Further, the Amendment deleted Article 268-A as well as Entry 92-C in the Union List, both were dealing with service tax.

110. What does Article 268 deal with?

Duties levied by the Union but collected and appropriated by the states.

111. What does Article 268A deal with?

Service tax levied by the Union and collected and appropriated by the Union and the states (Repealed).

112. What does Article 269 deal with?

Taxes levied and collected by the Union but assigned to the states.

113. What does Article 269A deal with?

Levy and collection of goods and services tax in course of inter-state trade or commerce.

114. What does Article 270 deal with?

Taxes levied and distributed between the Union and the states.

115. What does Article 271 deal with?

Surcharge on certain duties and taxes for purposes of the Union.

116. What is exempted from the surcharge under Article 271?

However, the Goods and Services Tax (GST) is exempted from this surcharge.

117. What are the major sources of non-tax revenues for the Centre?

The receipts from the following form the major sources of non-tax revenues of the Centre: (i) posts and telegraphs; (ii) railways; (iii) banking; (iv) broadcasting (v) coinage and currency; (vi) central public sector enterprises; (vii) escheat and lapse; and (viii) others.

118. What are the major sources of non-tax revenues for the States?

The receipts from the following form the major sources of non-tax revenues of the states: (i) irrigation; (ii) forests; (iii) fisheries; (iv) state public sector enterprises; (v) escheat and lapse; and (vi) others.

119. What does the Constitution provide for besides sharing of taxes?

Besides sharing of taxes between the Centre and the states, the Constitution provides for grants-in-aid to the states from the Central resources.

120. What are the two types of grants-in-aid?

There are two types of grants-in-aid, viz, statutory grants and discretionary grants.

121. What does Article 275 empower the Parliament to do?

Article 275 empowers the Parliament to make grants to the states which are in need of financial assistance and not to every state.

122. How are these sums charged?

These sums are charged on the Consolidated Fund of India every year.

123. What does the Constitution also provide for regarding specific grants?

Apart from this general provision, the Constitution also provides for specific grants for promoting the welfare of the scheduled tribes in a state or for raising the level of administration of the scheduled areas in a state including the State of Assam.

124. On whose recommendation are the statutory grants given?

The statutory grants under Article 275 (both general and specific) are given to the states on the recommendation of the Finance Commission.

125. What does Article 282 empower?

Article 282 empowers both the Centre and the states to make any grants for any public purpose, even if it is not within their respective legislative competence.

126. What are discretionary grants?

These grants are also known as discretionary grants, the reason being that the Centre is under no obligation to give these grants and the matter lies within its discretion.

127. What is the two-fold purpose of these grants?

These grants have a two-fold purpose: to help the state financially to fulfil plan targets; and to give some leverage to the Centre to influence and coordinate state action to effectuate the national plan.

128. What was the third type of grants-in-aid provided by the Constitution?

The Constitution also provided for a third type of grants-in-aid, but for a temporary period.

129. What was the purpose of these grants?

Thus, a provision was made for grants in lieu of export duties on jute and jute products to the States of Assam, Bihar, Orissa and west Bengal.

130. For how long were these grants to be given?

These grants were to be given for a period of ten years from the commencement of the Constitution.

131. What did the 101st Amendment Act of 2016 provide for regarding GST administration?

The 101st Amendment Act of 2016 provided for the establishment of a Goods and Services Tax Council or the GST Council.

132. What does Article 279-A empower?

Article 279-A empowered the President to constitute a GST Council by an order.

133. What is the GST Council?

The Council is a joint forum of the Centre and the States.

134. What matters is the GST Council required to make recommendations on?

(a) The taxes, cesses and surcharges levied by the Centre, the States and the local bodies that would get merged in GST. (b) The goods and services that may be subjected to GST or exempted from GST. (c) Model GST Laws, principles of levy, apportionment of GST levied on supplies in the course of inter-state trade or commerce and the principles that govern the place of supply. (d) The threshold limit of turnover below which goods and services may be exempted from GST. (e) The rates including floor rates with bands of GST. (f) Any special rate or rates for a specified period to raise additional resources during any natural calamity or disaster.

135. What does Article 280 provide for?

Article 280 provides for a Finance Commission as a quasi-judicial body.

136. When is the Finance Commission constituted?

It is constituted by the President every fifth year or even earlier.

137. What matters is the Finance Commission required to make recommendations to the President on?

• The distribution of the net proceeds of taxes to be shared between the Centre and the states, and the allocation between the states, the respective shares of such proceeds.
• The principles which should govern the grants-in-aid to the states by the Centre.
• The measures needed to augment the Consolidated fund of a state to supplement the resources of the panchayats and the municipalities in the state on the basis of the recommendations made by the State Finance Commission.
• Any other matter referred to it by the President in the interests of sound finance.

138. What was the Finance Commission’s role until 1960?

Till 1960, the Commission also suggested the amounts paid to the States of Assam, Bihar, Orissa and West Bengal in lieu of assignment of any share of the net proceeds in each year of export duty on jute and jute products.

139. What does the Constitution envisage the Finance Commission as?

The Constitution envisages the Finance Commission as the balancing wheel of fiscal federalism in India.

140. What does the Constitution lay down to protect the interest of states in financial matters?

To protect the interest of states in the financial matters, the Constitution lays down that the following bills can be introduced in the Parliament only on the recommendation of the President:

• A bill which imposes or varies any tax or duty in which states are interested;
• A bill which varies the meaning of the expression ‘agricultural income’;
• A bill which affects the principles on which moneys are or may be distributable to states; and
• A bill which imposes any surcharge on any specified tax or duty for the purpose of the Centre.

141. What does the expression “tax or duty in which states are interested” mean?

The expression “tax or duty in which states are interested” means: (a) a tax or duty the whole or part of the net proceeds whereof are assigned to any state; or (b) a tax or duty by reference to the net proceeds whereof sums are for the time being payable, out of the Consolidated Fund of India to any state.

142. What does the phrase ‘net proceeds’ mean?

The phrase ‘net proceeds’ means the proceeds of a tax or a duty minus the cost of collection.

143. Who ascertains and certifies the ‘net proceeds’ of a tax or a duty in any area?

The net proceeds of a tax or a duty in any area is to be ascertained and certified by the Comptroller and Auditor-General of India. His/her certificate is final.

144. What are the provisions regarding the borrowing powers of the Centre and the states?

• The Central government can borrow either within India or outside upon the security of the Consolidated Fund of India or can give guarantees.
• A state government can borrow within India (and not abroad) upon the security of the Consolidated Fund of the State or can give guarantees.
• The Central government can make loans to any state or give guarantees in respect of loans raised by any state.
• A state cannot raise any loan without the consent of the Centre, if there is still outstanding any part of a loan made to the state by the Centre or in respect of which a guarantee has been given by the Centre.

145. What is the rule of ‘immunity from mutual taxation’ in the Indian Constitution?

Like any other federal Constitution, the Indian Constitution also contain the rule of ‘immunity from mutual taxation’.

146. What is the status of Central Property regarding State Taxation?

The property of Centre is exempted from all taxes imposed by a state or any authority within a state like municipalities, district boards, panchayats and so on.

147. What does the word ‘property’ include?

The word ‘property’ includes lands, buildings, chattels, shares, debts, everything that has a money value, and every kind of property—movable or immovable and tangible or intangible.

148. Are corporations or companies created by the Central government immune from state taxation?

No, the corporations or the companies created by the Central government are not immune from state taxation or local taxation.

149. What is the reason for this?

The reason is that a corporation or a company is a separate legal entity.

150. What is the status of State Property or Income regarding Central Taxation?

The property and income of a state is exempted from Central taxation.

151. What kind of income is exempted?

Such income may be derived from sovereign functions or commercial functions.

152. When can the Centre tax the commercial operations of a state?

But the Centre can tax the commercial operations of a state if Parliament so provides.

153. What is the status of property or income of local authorities situated within a state?

Notably, the property and income of local authorities situated within a state are not exempted from the Central taxation.

154. What did the Supreme Court hold in an advisory opinion (1963) regarding the immunity granted to a state?

The Supreme Court, in an advisory opinion (1963), held that the immunity granted to a state in respect of Central taxation does not extend to the duties of customs or duties of excise.

155. What happens to the Centre–state financial relations during emergencies?

The Centre–state financial relations in normal times undergo changes during emergencies.

156. What happens to the constitutional distribution of revenues during a National Emergency (under Article 352)?

While the proclamation of national emergency (under Article 352) is in operation, the President can modify the constitutional distribution of revenues between the Centre and the states.

157. How long does such a modification continue?

Such modification continues till the end of the financial year in which the emergency ceases to operate.

158. What can the Centre direct the states to do during a Financial Emergency (under Article 360)?

The Centre can give directions to the states: (i) to observe the specified canons of financial propriety; (ii) to reduce the salaries and allowances of all class of persons serving in the state; and (iii) to reserve all money bills and other financial bills for the consideration of the President.

159. What was the status of Centre–state relations till 1967?

Till 1967, the centre–state relations by and large were smooth due to one-party rule at the Centre and in most of the states.

160. What happened in the 1967 elections that changed the political scenario?

In 1967 elections, the Congress party was defeated in nine states and its position at the Centre became weak.

161. What issues did non-Congress Governments in the states raise?

The non-Congress Governments in the states opposed the increasing centralisation and intervention of the Central government. They raised the issue of state autonomy and demanded more powers and financial resources to the states.

162. What are the issues which created tensions and conflicts between the Centre and states?

1. Mode of appointment and dismissal of governor.
2. Discriminatory and partisan role of governors.
3. Imposition of President’s Rule for partisan interests.
4. Deployment of Central forces in the states to maintain law and order.
5. Reservation of state bills for the consideration of the President.
6. Discrimination in financial allocations to the states.
7. Role of Planning Commission in approving state projects.
8. Management of All-India Services (IAS, IPS, and IFoS).
9. Use of electronic media for political purposes.
10. Appointment of enquiry commissions against the chief ministers.
11. Sharing of finances (between Centre and states).
12. Encroachment by the Centre on the State List.
13. Implementation of the Centrally sponsored schemes by the states.
14. Modus operandi of the central agencies like CBI, ED and so on.

163. When was the First Administrative Reforms Commission (ARC) appointed, and under whose chairmanship?

The Central government appointed a six-member First Administrative Reforms Commission (ARC) of India in 1966 under the chairmanship of Morarji Desai (followed by K Hanumanthayya).

164. What were the terms of references of the ARC?

Its terms of references included, among others, the examination of Centre–State relations.

165. Who constituted a study team under the ARC?

In order to examine thoroughly the various issues in Centre–state relations, the ARC constituted a study team under M.C. Setalvad.

166. When did the ARC submit its report?

The ARC finalised its own report and submitted it to the Central government in 1969.

167. How many recommendations did the ARC make for improving Centre–state relations?

It made 22 recommendations for improving the Centre–state relations.

168. What were the important recommendations of the ARC?

• Establishment of an Inter-State Council under Article 263 of the Constitution.
• Appointment of persons having long experience in public life and administration and non-partisan attitude as governors.
• Delegation of powers to the maximum extent to the states.
• Transferring of more financial resources to the states to reduce their dependency upon the Centre.
• Deployment of Central armed forces in the states either on their request or otherwise.

169. What action was taken by the Central government on the recommendations of the ARC?

No action was taken by the Central government on the recommendations of the ARC.

170. When did the Tamil Nadu Government (DMK) appoint a three-member committee under the chairmanship of Dr. P.V. Rajamannar?

In 1969, the Tamil Nadu Government (DMK) appointed a three-member committee under the chairmanship of Dr. P.V. Rajamannar.

171. What was the mandate of the Rajamannar Committee?

The committee was asked to examine the entire question of Centre–state relations and to suggest amendments to the Constitution so as to secure utmost autonomy to the states.

172. When did the Rajamannar Committee submit its report?

The committee submitted its report to the Tamil Nadu Government in 1971.

173. What were the reasons identified by the Committee for the prevailing unitary trends?

(i) certain provisions in the Constitution which confer special powers on the Centre; (ii) one-party rule both at the Centre and in the states; (iii) inadequacy of states’ fiscal resources and consequent dependence on the Centre for financial assistance; and (iv) the institution of Central planning and the role of the Planning Commission.

174. What were the important recommendations of the Rajamannar Committee?

(i) An Inter-State Council should be set up immediately; (ii) Finance Commission should be made a permanent body; (iii) Planning Commission should be disbanded and its place should be taken by a statutory body; (iv) Articles 356, 357 and 365 (dealing with President’s Rule) should be totally omitted; (v) The provision that the state ministry holds office during the pleasure of the governor should be omitted; (vi) Certain subjects of the Union List and the Concurrent List should be transferred to the State List; (vii) the residuary powers should be allocated to the states; and (viii) All-India services (IAS, IPS and IFoS) should be abolished.

175. What action did the Central government take on the recommendations of the Rajamannar Committee?

The Central government completely ignored the recommendations of the Rajamannar Committee.

176. When did the Akali Dal adopt a resolution containing both political and religious demands?

In 1973, the Akali Dal adopted a resolution containing both political and religious demands in a meeting held at Anandpur Sahib in Punjab.

177. What was the Anandpur Sahib Resolution’s demand regarding the Centre’s jurisdiction?

The resolution, generally known as Anandpur Sahib Resolution, demanded that the Centre’s jurisdiction should be restricted only to defence, foreign affairs, communications, and currency and the entire residuary powers should be vested in the states.

178. What did the Anandpur Sahib Resolution state about the Constitution?

It stated that the Constitution should be made federal in the real sense and should ensure equal authority and representation to all the states at the Centre.

179. When did the West Bengal Government (led by the Communists) publish a memorandum on Centre–state relations?

In 1977, the West Bengal Government (led by the Communists) published a memorandum on Centre–state relations and sent it to the Central government.

180. What were the suggestions in the West Bengal memorandum?

(i) The word ‘union’ in the Constitution should be replaced by the word ‘federal’; (ii) The jurisdiction of the Centre should be confined to defence, foreign affairs, currency, communications and economic co-ordination; (iii) All other subjects including the residuary should be vested in the states; (iv) Articles 356 and 357 (President’s Rule) and 360 (financial emergency) should be repealed; (v) State’s consent should be made obligatory for formation of new states or reorganisation of existing states; (vi) Of the total revenue raised by the Centre from all sources, 75 per cent should be allocated to the states; (vii) Rajya Sabha should have equal powers with that of the Lok Sabha; and (viii) There should be only Central and state services and the All-India Services should be abolished.

181. What action did the Central government take on the demands made in the memorandum?

The Central government did not accept the demands made in the memorandum.

182. When was the Sarkaria Commission appointed, and under whose chairmanship?

In 1983, the Central government appointed a three-member Commission on Centre–state relations under the chairmanship of R.S. Sarkaria, a retired judge of the Supreme Court.

183. What was the mandate of the Sarkaria Commission?

The commission was asked to examine and review the working of existing arrangements between the Centre and states in all spheres and recommend appropriate changes and measures.

184. When did the Sarkaria Commission submit its report?

It submitted it’s report in 1988.

185. What was the Sarkaria Commission’s stance on structural changes to the Constitution?

The Commission did not favour structural changes and regarded the existing constitutional arrangements and principles relating to the institutions basically sound.

186. What did the Sarkaria Commission emphasize?

But, it emphasised on the need for changes in the functional or operational aspects.

187. What did the Sarkaria Commission observe about federalism?

It observed that federalism is more a functional arrangement for co-operative action than a static institutional concept.

188. What did the Sarkaria Commission reject regarding the powers of the Centre?

It outrightly rejected the demand for curtailing the powers of the Centre and stated that a strong Centre is essential to safeguard the national unity and integrity.

189. How many recommendations did the Sarkaria Commission make?

The Commission made 247 recommendations to improve Centre–state relations.

190. What were the important recommendations of the Sarkaria Commission?

1. A permanent Inter-State Council called the Inter-Governmental Council should be set up under Article 263.
2. Article 356 (President’s Rule) should be used very sparingly, in extreme cases as a last resort.
3. The institution of All-India Services should be further strengthened and more of such services should be created.
4. The residuary powers of taxation should continue to remain with the Parliament, while the other residuary powers should be placed in the Concurrent List.
5. When the President withholds his/her assent to the state bills, the reasons should be communicated to the state government.
6. The National Development Council (NDC) should be renamed and reconstituted as the National Economic and Development Council (NEDC).
7. The zonal councils should be constituted afresh and reactivated.
8. The Centre should have powers to deploy its armed forces, even without the consent of states.
9. The Centre should consult the states before making a law on a subject of the Concurrent List.
10. The procedure of consulting the chief minister in the appointment of the state governor should be prescribed in the Constitution itself.
11. The net proceeds of the corporation tax may be made permissibly shareable with the states.
12. The governor cannot dismiss the council of ministers so long as it commands a majority in the assembly.
13. The governor’s term of five years in a state should not be disturbed except for some extremely compelling reasons.
14. No commission of enquiry should be set up against a state minister unless a demand is made by the Parliament.
15. The surcharge on income tax should not be levied by the Centre except for a specific purpose and for a strictly limited period.
16. The present division of functions between the Finance Commission and the Planning Commission is reasonable and should continue.
17. Steps should be taken to uniformly implement the three language formula.
18. No autonomy for radio and television but decentralisation in their operations.
19. No change in the role of Rajya Sabha and Centre’s power to reorganise the states.
20. The commissioner for linguistic minorities should be activated.
21. The Empowered Committee of Finance Ministers of States proved to be a successful experiment in inter-state co-ordination on fiscal matters.
22. New all-India services in sectors like health, education, engineering and judiciary should be created.
23. Factors inhibiting the composition and functioning of the Second Chamber as a representative forum of states should be removed or modified.
24. A balance of power between states inter se is desirable and this is possible by equality of representation in the Rajya Sabha.
25. The scope of devolution of powers to local bodies to act as institutions of self-government should be constitutionally defined.
26. All future Central legislations involving states’ involvement should provide for cost sharing as in the case of the RTE Act.
27. The royalty rates on major minerals should be revised at least every three years.
28. The current ceiling on profession tax should be completely done away with by a Constitutional amendment.
29. The scope for raising more revenue from the taxes mentioned in article 268 should be examined afresh.
30. To bring greater accountability, all fiscal legislations should provide for an annual assessment by an independent body.
31. Considerations specified in the Terms of Reference (ToR) of the Finance Commission should be even handed.
32. Steps should be taken for the setting up of an Inter-State Trade and Commerce Commission under Article 307 read with Entry 42 of List-I.

191. How many recommendations of the Sarkaria Commission has the Central government implemented?

The Central government has implemented 180 (out of 247) recommendations of the Sarkaria Commission.

192. What is the most important recommendation implemented?

The most important is the establishment of the Inter-State Council in 1990.

193. When was the Punchhi Commission set up, and under whose chairmanship?

The Second commission on Centre-State Relations was set-up by the Government of India in 2007 under the Chairmanship of Madan Mohan Punchhi, former Chief Justice of India.

194. What was the mandate of the Punchhi Commission?

It was required to look into the issues of Centre-State relations keeping in view the sea-changes that have taken place in the polity and economy of India since the Sarkaria Commission had last looked at the issue.

195. When did the Punchhi Commission submit its report?

The Commission submitted its report to the government in 2010.

196. What did the Punchhi Commission conclude about cooperative federalism?

The Commission came to the conclusion that ‘cooperative federalism’ will be the key for sustaining India’s unity, integrity and social and economic development in future.

197. How many recommendations did the Punchhi Commission make?

In all, the Commission made over 310 recommendations, touching upon several significant areas in the working of Centre-state relations.

198. What are the important recommendations of the Punchhi Commission?

1. To facilitate effective implementation of the laws on List III subjects, it is necessary that some broad agreement is reached between the Union and states before introducing legislation in Parliament on matters in the Concurrent List.
2. The Union should be extremely restrained in asserting Parliamentary supremacy in matters assigned to the states. Greater flexibility to states in relation to subjects in the State List and “transferred items” in the Concurrent List is the key for better Centre-state relations.
3. The Union should occupy only that many of subjects in concurrent or overlapping jurisdiction which are absolutely necessary to achieve uniformity of policy in demonstrable national interest.
4. There should be a continuing auditing role for the Inter-state Council in the management of matters in concurrent or overlapping jurisdiction.
5. The period of six months prescribed in Article 201 for State Legislature to act when the bill is returned by the President can be made applicable for the President also to decide on assenting or withholding assent to a state bill reserved for consideration of the President.
6. Parliament should make a law on the subject of Entry 14 of List I (treaty making and implementing it through Parliamentary legislation) to streamline the procedures involved.
7. Financial obligations and its implications on state finances arising out of treaties and agreements should be a permanent term of reference to the Finance Commissions constituted from time to time.
8. While selecting Governors, the Central Government should adopt the following strict guidelines as recommended in the Sarkaria Commission report and follow its mandate in letter and spirit: (i) He/she should be eminent in some walk of life (ii) He/she should be a person from outside the state (iii) He/she should be a detached figure and not too intimately connected with the local politics of the state (iv) He/she should be a person who has not taken too great a part in politics generally and particularly in the recent past
9. Governors should be given a fixed tenure of five years and their removal should not be at the sweet will of the Government at the Centre.
10. The procedure laid down for impeachment of President, mutatis mutandis can be made applicable for impeachment of Governors as well.
11. Article 163 does not give the Governor a general discretionary power to act against or without the advice of his/her Council of Ministers.
12. In respect of bills passed by the Legislative Assembly of a state, the Governor should take the decision within six months whether to grant assent or to reserve it for consideration of the President.
13. On the question of Governor’s role in appointment of Chief Minister in the case of an hung assembly, it is necessary to lay down certain clear guidelines to be followed as Constitutional conventions. These guidelines may be as follows: (i) The party or combination of parties which commands the widest support in the Legislative Assembly should be called upon to form the Government. (ii) If there is a pre-poll alliance or coalition, it should be treated as one political party and if such coalition obtains a majority, the leader of such coalition shall be called by the Governor to form the Government. (iii) In case no party or pre-poll coalition has a clear majority, the Governor should select the Chief Minister in the order of preference indicated here. (a) The group of parties which had pre-poll alliance commanding the largest number (b) The largest single party staking a claim to form the government with the support of others (c) A post-electoral coalition with all partners joining the government (d) A post-electoral alliance with some parties joining the government and the remaining including independents supporting the government from outside
14. On the question of dismissal of a Chief Minister, the Governor should invariably insist on the Chief Minister proving his/her majority on the floor of the House for which he/she should prescribe a time limit.
15. The Governor should have the right to sanction for prosecution of a state minister against the advice of the Council of Ministers, if the Cabinet decision appears to the Governor to be motivated by bias in the face of overwhelming material.
16. The convention of Governors acting as Chancellors of Universities and holding other statutory positions should be done away with. His/her role should be confined to the Constitutional provisions only.
17. When an external aggression or internal disturbance paralyses the state administration creating a situation of a potential break down of the Constitutional machinery of the state, all alternative courses available to the Union for discharging its paramount responsibility under Article 355 should be exhausted to contain the situation and the exercise of the power under Article 356 should be limited strictly to rectifying a “failure of the Constitutional machinery in the state”.
18. On the question of invoking Article 356 in case of failure of Constitutional machinery in states, suitable amendments are required to incorporate the guidelines set forth in the landmark judgement of the Supreme Court in S.R. Bommai case (1994).
19. Given the strict parameters now set for invoking the emergency provisions under Articles 352 and 356 to be used only as a measure of “last resort”, and the duty of the Union to protect states under Article 355, it is necessary to provide a Constitutional or legal framework to deal with situations which require Central intervention but do not warrant invoking the extreme steps under Articles 352 and 356.
20. Suitable amendments to Article 263 are required to make the Inter-State Council a credible, powerful and fair mechanism for management of inter-state and Centre-state differences.
21. The Zonal Councils should meet at least twice a year with an agenda proposed by states concerned to maximise co-ordination and promote harmonisation of policies and action having inter-state ramification. The Secretariat of a strengthened Inter-State Council can function as the Secretariat of the Zonal Councils as well.
22. The Empowered Committee of Finance Ministers of States proved to be a successful experiment in inter-state co-ordination on fiscal matters.
23. New all-India services in sectors like health, education, engineering and judiciary should be created.
24. Factors inhibiting the composition and functioning of the Second Chamber as a representative forum of states should be removed or modified.
25. A balance of power between states inter se is desirable and this is possible by equality of representation in the Rajya Sabha.
26. The scope of devolution of powers to local bodies to act as institutions of self-government should be constitutionally defined through appropriate amendments.
27. All future Central legislations involving states’ involvement should provide for cost sharing as in the case of the RTE Act.
28. The royalty rates on major minerals should be revised at least every three years without any delay.
29. The current ceiling on profession tax should be completely done away with by a Constitutional amendment.
30. The scope for raising more revenue from the taxes mentioned in article 268 should be examined afresh.
31. To bring greater accountability, all fiscal legislations should provide for an annual assessment by an independent body and the reports of these bodies should be laid in both Houses of Parliament/state legislature.
32. Considerations specified in the Terms of Reference (ToR) of the Finance Commission should be even handed as between the Centre and the states.
33. The Central Government should review all the existing cesses and surcharges with a view to bringing down their share in the gross tax revenue.
34. Because of the close linkages between the plan and non-plan expenditure, an expert committee may be appointed to look into the issue of distinction between the plan and non-plan expenditure.
35. There should be much better coordination between the Finance Commission and the Planning Commission.
36. The Finance Commission division in the Ministry of Finance should be converted into a full-fledged department, serving as the permanent secretariat for the Finance Commissions.
37. The Planning Commission has a crucial role in the current situation. But its role should be that of coordination rather that of micro managing sectoral plans of the Central ministries and the states.
38. Steps should be taken for the setting up of an Inter-State Trade and Commerce Commission under Article 307 read with Entry 42 of List-I.

199. What does Article 245 deal with?

Extent of laws made by Parliament and by the legislatures of states.

200. What does Article 246 deal with?

Subject-matter of laws made by Parliament and by the legislatures of states.

201. What does Article 246A deal with?

Special provision with respect to goods and services tax.

202. What does Article 247 deal with?

Power of Parliament to provide for the establishment of certain additional courts.

203. What does Article 248 deal with?

Residuary powers of legislation.

204. What does Article 249 deal with?

Power of Parliament to legislate with respect to a matter in the state list in the national interest.

205. What does Article 250 deal with?

Power of Parliament to legislate with respect to any matter in the state list if a Proclamation of Emergency is in operation.

206. What does Article 251 deal with?

Inconsistency between laws made by Parliament under articles 249 and 250 and laws made by the legislatures of states.

207. What does Article 252 deal with?

Power of Parliament to legislate for two or more states by consent and adoption of such legislation by any other state.

208. What does Article 253 deal with?

Legislation for giving effect to international agreements.

209. What does Article 254 deal with?

Inconsistency between laws made by Parliament and laws made by the legislatures of states.

210. What does Article 255 deal with?

Requirements as to recommendations and previous sanctions to be regarded as matters of procedure only.

211. What does Article 256 deal with?

Obligation of states and the Union.

212. What does Article 257 deal with?

Control of the Union over states in certain cases.

213. What does Article 257A deal with?

Assistance to states by deployment of armed forces or other forces of the Union (Repealed).

214. What does Article 258 deal with?

Power of the Union to confer powers, etc., on states in certain cases.

215. What does Article 258A deal with?

Power of the states to entrust functions to the Union.

216. What does Article 259 deal with?

Armed Forces in states in Part B of the First Schedule (Repealed).

217. What does Article 260 deal with?

Jurisdiction of the Union in relation to territories outside India.

218. What does Article 261 deal with?

Public acts, records and judicial proceedings.

219. What does Article 262 deal with?

Adjudication of disputes relating to waters of inter-state rivers or river valleys.

220. What does Article 263 deal with?

Provisions with respect to an inter-state Council.

221. What does Article 268 deal with?

Duties levied by the Union but collected and appropriated by the states.

222. What does Article 268A deal with?

Service tax levied by the Union and collected and appropriated by the Union and the states (Repealed).

223. What does Article 269 deal with?

Taxes levied and collected by the Union but assigned to the states.

224. What does Article 269A deal with?

Levy and collection of goods and services tax in course of inter-state trade or commerce.

225. What does Article 270 deal with?

Taxes levied and distributed between the Union and the states.

226. What does Article 271 deal with?

Surcharge on certain duties and taxes for purposes of the Union.

227. What does Article 272 deal with?

Taxes which are levied and collected by the Union and may be distributed between the Union and the states (Repealed).

228. What does Article 273 deal with?

Grants in lieu of export duty on jute and jute products.

229. What does Article 274 deal with?

Prior recommendation of the President required to bills affecting taxation in which states are interested.

230. What does Article 275 deal with?

Grants from the Union to certain states.

231. What does Article 276 deal with?

Taxes on professions, trades, callings and employments.

232. What does Article 277 deal with?

Savings.

233. What does Article 278 deal with?

Agreement with states in Part B of the First Schedule with regard to certain financial matters (Repealed).

234. What does Article 279 deal with?

Calculation of “net proceeds”, etc.

235. What does Article 279A deal with?

Goods and Services Tax Council.

236. What does Article 280 deal with?

Finance Commission.

237. What does Article 281 deal with?

Recommendations of the Finance Commission.

238. What does Article 282 deal with?

Expenditure defrayable by the Union or a state out of its revenues.

239. What does Article 283 deal with?

Custody, etc., of Consolidated Funds, Contingency Funds and moneys credited to the public accounts.

240. What does Article 284 deal with?

Custody of suitors’ deposits and other moneys received by public servants and courts.

241. What does Article 285 deal with?

Exemption of property of the Union from state taxation.

242. What does Article 286 deal with?

Restrictions as to imposition of tax on the sale or purchase of goods.

243. What does Article 287 deal with?

Exemption from taxes on electricity.

244. What does Article 288 deal with?

Exemption from taxation by states in respect of water or electricity in certain cases.

245. What does Article 289 deal with?

Exemption of property and income of a state from Union taxation.

246. What does Article 290 deal with?

Adjustment in respect of certain expenses and pensions.

247. What does Article 290A deal with?

Annual payment to certain Devaswom Funds.

248. What does Article 291 deal with?

Privy purse sums of Rulers (Repealed).

249. What does Article 292 deal with?

Borrowing by the Government of India.

250. What does Article 293 deal with?

Borrowing by States.

251. What was the States Reorganisation Act, 1956?

States Reorganisation Act, 1956.

252. What did M.P. Jain write about in Indian Constitutional Law?

M.P. Jain: Indian Constitutional Law, Wadhwa, Fourth Edition, p. 382.

253. What was the Central Council of Local Self-Government originally known as?

It was originally known as the Central Council of Local Self-Government (1954).

254. What bodies were set up under the Acts of Parliament?

The Central Council of Indian Medicine and the Central Council of Homoeopathy were set up under the Acts of Parliament.

255. What was the Inter-State Council Order dated May 28, 1990?

The Inter-State Council Order dated May 28, 1990.

256. What did the Parliament make to control the production, supply and distribution of certain essential commodities?

For example, the Parliament has made the Essential Commodities Act (1955). This Act enables the Central government to control the production, supply and distribution of certain essential commodities like petroleum, coal, iron and steel and so on.

257. What is the Inter-State Commerce Commission in the USA?

In USA, such authority is known as the Inter-State Commerce Commission.

258. When did the North-Eastern Council come into existence?

It came into existence on August 8, 1972.

259. What change was made to the North-Eastern Council in 2002?

In 2002, Sikkim was added as the eighth member of the North-Eastern Council.

Chapter 16 Inter-State Relations

1. What does the successful functioning of the Indian federal system depend on?

The successful functioning of the Indian federal system depends not only on the harmonious relations and close cooperation between the Centre and the states but also between the states inter se.

2. What are the provisions made by the Constitution regarding inter-state comity?

1. Adjudication of inter-state water disputes.
2. Coordination through inter-state councils.
3. Mutual recognition of public acts, records and judicial proceedings.
4. Freedom of inter-state trade, commerce and intercourse.

3. What bodies have been established by the Parliament to promote inter-state cooperation and coordination?

In addition, the zonal councils have been established by the Parliament to promote inter-state cooperation and coordination.

4. What does Article 262 of the Constitution provide for?

Article 262 of the Constitution provides for the adjudication of inter-state water disputes.

5. What are the two provisions made by Article 262?

(i) Parliament may by law provide for the adjudication of any dispute or complaint with respect to the use, distribution and control of waters of any inter-state river and river valley. (ii) Parliament may also provide that neither the Supreme Court nor any other court is to exercise jurisdiction in respect of any such dispute or complaint.

6. What two laws has the Parliament enacted under this provision?

Under this provision, the Parliament has enacted two laws [the River Boards Act (1956) and the Inter-State River Water Disputes Act (1956)].

7. What does the River Boards Act provide for?

The River Boards Act provides for the establishment of river boards for the regulation and development of inter-state river and river valleys.

8. When is a river board established?

A river board is established by the Central government on the request of the state governments concerned to advise them.

9. What does the Inter-State River Water Disputes Act empower the Central government to do?

The Inter-State River Water Disputes Act empowers the Central government to set up an ad hoc tribunal for the adjudication of a dispute between two or more states in relation to the waters of an inter-state river or river valley.

10. What is the status of the tribunal’s decision?

The decision of the tribunal would be final and binding on the parties to the dispute.

11. What is the jurisdiction of the Supreme Court regarding water disputes referred to a tribunal?

Neither the Supreme Court nor any other court is to have jurisdiction in respect of any water dispute which may be referred to such a tribunal under this Act.

12. What does Article 263 contemplate?

Article 263 contemplates the establishment of an Inter-State Council to effect coordination between the states and between Centre and states.

13. When can the President establish such a council?

Thus, the President can establish such a council if at any time it appears to him/her that the public interest would be served by its establishment.

14. What duties can be assigned to an inter-state council as specified by Article 263?

(a) enquiring into and advising upon disputes which may arise between states; (b) investigating and discussing subjects in which the states or the Centre and the states have a common interest; and (c) making recommendations upon any such subject, and particularly for the better co-ordination of policy and action on it.

15. How does the council’s function to enquire and advice upon inter-state disputes compare to the Supreme Court’s jurisdiction?

The council’s function to enquire and advice upon inter-state disputes is complementary to the Supreme Court’s jurisdiction under Article 131 to decide a legal controversy between the governments.

16. What is the nature of the Council’s function?

The Council can deal with any controversy whether legal or non-legal, but its function is advisory unlike that of the court which gives a binding decision.

17. What councils has the President established to make recommendations for better coordination of policy and action?

• Central Council of Health and Family Welfare.
• Central Council of Local Government.
• Four Regional Councils for Sales Tax for the Northern, Eastern, Western and Southern Zones.

18. What did the Sarkaria Commission on Centre-State Relations (1983–88) make a strong case for?

The Sarkaria Commission on Centre-State Relations (1983–88) made a strong case for the establishment of a permanent Inter-State Council under Article 263 of the Constitution.

19. What did the Sarkaria Commission recommend regarding the name of the Inter-State Council?

It recommended that in order to differentiate the Inter-State Council from other bodies established under the same Article 263, it must be called as the Inter-Governmental Council.

20. When was the Inter-State Council established, and by which government?

In pursuance of the above recommendations of the Sarkaria Commission, the Janata Dal Government headed by V. P. Singh established the Inter-State Council in 1990.

21. What are the members of the Inter-State Council?

(i) Prime minister as the Chairman (ii) Chief ministers of all the states (iii) Chief ministers of union territories having legislative assemblies (iv) Administrators of union territories not having legislative assemblies (v) Governors of States under President’s rule (vi) Six Central cabinet ministers, including the home minister, to be nominated by the Prime Minister.

22. Who are the permanent invitees to the Council?

Five Ministers of Cabinet rank / Minister of State (independent charge) nominated by the Chairman of the Council (i.e., Prime Minister) are permanent invitees to the Council.

23. What is the nature of the Inter-State Council?

The council is a recommendatory body on issues relating to inter-state, Centre–state and Centre–union territories relations.

24. What are the duties of the Inter-State Council in detail?

• investigating and discussing such subjects in which the states or the centre have a common interest;
• making recommendations upon any such subject for the better coordination of policy and action on it; and
• deliberating upon such other matters of general interest to the states as may be referred to it by the chairman.

25. How often does the Council meet?

The Council may meet at least thrice in a year.

26. How are questions decided in the Council’s meetings?

Its meetings are held in camera and all questions are decided by consensus.

27. When was the Standing Committee of the Council set up?

There is also a Standing Committee of the Council. It was set up in 1996 for continuous consultation and processing of matters for the consideration of the Council.

28. What are the members of the Standing Committee of the Council?

(i) Union Home Minister as the Chairman (ii) Five Union Cabinet Ministers (iii) Nine Chief Ministers

29. When was the Inter-State Council Secretariat set up?

The Council is assisted by a secretariat called the Inter-State Council Secretariat. This secretariat was set up in 1991.

30. What is the role of the Inter-State Council Secretariat since 2011?

Since 2011, it is also functioning as the secretariat of the Zonal Councils.

31. What does the Constitution contain regarding Public Acts, Records and Judicial Proceedings?

The Constitution contains the “Full Faith and Credit” clause which lays down the following: (i) Full faith and credit is to be given throughout the territory of India to public acts, records and judicial proceedings of the Centre and every state. (ii) The manner in which and the conditions under which such acts, records and proceedings are to be proved and their effect determined would be as provided by the laws of Parliament. (iii) Final judgements and orders of civil courts in any part of India are capable of execution anywhere within India.

32. What does the expression ‘public acts’ include?

The expression ‘public acts’ includes both legislative and executive acts of the government.

33. What does the expression ‘public record’ include?

The expression ‘public record’ includes any official book, register or record made by a public servant in the discharge of his/her official duties.

34. Does the rule of execution of civil court judgments apply to criminal judgments?

No, the rule applies only to civil judgements and not to criminal judgements.

35. What articles and Part of the Constitution deal with inter-state trade, commerce and intercourse?

Articles 301 to 307 in Part XIII of the Constitution deal with the trade, commerce and intercourse within the territory of India.

36. What does Article 301 declare?

Article 301 declares that trade, commerce and intercourse throughout the territory of India shall be free.

37. What is the object of this provision?

The object of this provision is to break down the border barriers between the states and to create one unit with a view to encourage the free flow of trade, commerce and intercourse in the country.

38. To what does the freedom under this provision extend?

The freedom under this provision is not confined to inter-state trade, commerce and intercourse but also extends to intra-state trade, commerce and intercourse.

39. What is the nature of the freedom guaranteed by Article 301?

The freedom guaranteed by Article 301 is a freedom from all restrictions, except those which are provided for in the other provisions (Articles 302 to 305) of Part XIII of the Constitution itself.

40. What are the powers of the Parliament regarding restrictions on trade, commerce and intercourse?

(i) Parliament can impose restrictions on the freedom of trade, commerce and intercourse between the states or within a state in public interest. (ii) The Parliament cannot give preference to one state over another or discriminate between the states except in the case of scarcity of goods in any part of India.

41. What are the powers of the legislature of a state regarding restrictions on trade, commerce and intercourse?

(i) The legislature of a state can impose reasonable restrictions on the freedom of trade, commerce and intercourse with that state or within that state in public interest. (ii) A bill for this purpose can be introduced in the legislature only with the previous sanction of the president. (iii) The state legislature cannot give preference to one state over another or discriminate between the states.

42. What can the legislature of a state impose on goods imported from other states or union territories?

The legislature of a state can impose on goods imported from other states or the union territories any tax to which similar goods manufactured in that state are subject.

43. What does this provision prohibit?

This provision prohibits the imposition of discriminatory taxes by the state.

44. What are the nationalisation laws?

The freedom (under Article 301) is subject to the nationalisation laws (i.e., laws providing for monopolies in favour of the Centre or the states).

45. What can the Parliament appoint regarding trade, commerce and intercourse?

The Parliament can appoint an appropriate authority for carrying out the purposes of the above provisions relating to the freedom of trade, commerce and intercourse and restrictions on it.

46. Have such authorities been appointed so far?

But, no such authority has been appointed so far.

47. What are the Zonal Councils?

The Zonal Councils are the statutory (and not the constitutional) bodies.

48. By what Act are the Zonal Councils established?

They are established by an Act of the Parliament, that is, States Reorganisation Act of 1956.

49. How did the States Reorganisation Act of 1956 divide the country?

The act divided the country into five zones (Northern, Central, Eastern, Western and Southern) and provided a zonal council for each zone.

50. What factors are taken into account while forming these zones?

While forming these zones, several factors have been taken into account which include: the natural divisions of the country, the river systems and means of communication, the cultural and linguistic affinity and the requirements of economic development, security and law and order.

51. What are the members of each zonal council?

(a) home minister of Central government. (b) chief ministers of all the States in the zone. (c) Two other ministers from each state in the zone. (d) Administrator of each union territory in the zone.

52. Who can be associated with the zonal council as advisors?

(i) a person nominated by the NITI Aayog; (ii) chief secretary of the government of each state in the zone; and (iii) development commissioner of each state in the zone.

53. Who is the common chairman of the five zonal councils?

The home minister of Central government is the common chairman of the five zonal councils.

54. What is the role of each chief minister in the zonal council?

Each chief minister acts as a vice-chairman of the council by rotation, holding office for a period of one year at a time.

55. What do the zonal councils aim at?

The zonal councils aim at promoting cooperation and coordination between states, union territories and the Centre.

56. What is the nature of the zonal councils?

They are only deliberative and advisory bodies.

57. What are the objectives (or functions) of the zonal councils?

• To achieve an emotional integration of the country.
• To help in arresting the growth of acute state-consciousness, regionalism, linguism and particularistic trends.
• To help in removing the after-effects of separation in some cases.
• To enable the Centre and states to cooperate with each other in social and economic matters and exchange ideas and experience.
• To cooperate with each other in the successful and speedy execution of major development projects.
• To secure some kind of political equilibrium between different regions of the country.

58. By what Act was the North-Eastern Council created?

In addition to the above Zonal Councils, a North-Eastern Council was created by a separate Act of Parliament—the North-Eastern Council Act of 1971.

59. What are the members of the North-Eastern Council?

Its members include Assam, Manipur, Mizoram, Arunchal Pradesh, Nagaland, Meghalaya, Tripura and Sikkim.

60. What are the functions of the North-Eastern Council?

Its functions are similar to those of the zonal councils, but with few additions. It has to formulate a unified and coordinated regional plan covering matters of common importance. It has to review from time to time the measures taken by the member states for the maintenance of security and public order in the region.

61. What does Article 261 deal with?

Public acts, records and judicial proceedings.

62. What does Article 262 deal with?

Adjudication of disputes relating to waters of inter-state rivers or river valleys.

63. What does Article 263 deal with?

Provisions with respect to an inter-state council.

64. What does Article 301 deal with?

Freedom of trade, commerce and intercourse.

65. What does Article 302 deal with?

Power of Parliament to impose restrictions on trade, commerce and intercourse.

66. What does Article 303 deal with?

Restrictions on the legislative powers of the Union and of the states with regard to trade and commerce.

67. What does Article 304 deal with?

Restrictions on trade, commerce and intercourse among states.

68. What does Article 305 deal with?

Saving of existing laws and laws providing for state monopolies.

69. What does Article 306 deal with?

Power of certain states in Part B of the First Schedule to impose restrictions on trade and commerce (Repealed).

70. What does Article 307 deal with?

Appointment of authority for carrying out the purposes of Articles 301 to 304.

71. What was added by the 101st Amendment Act of 2016?

The provision for goods and services tax was added by the 101st Amendment Act of 2016.

72. What was the Report of the Commission on Centre-State Relations, Part I (Government of India, 1988)?

Report of the Commission on Centre-State Relations, Part I (Government of India, 1988) pp. 28–29.