Thursday, June 10, 2010

CONSTITUTION OF INDIA




CONSTITUTION OF INDIA

The Constitution of India was passed by the Constituent Assembly of India on November 26, 1949, and came into effect on January 26, 1950. India celebrates January 26 each year as Republic Day. It is the longest written constitution of any independent nation in the world, containing 395 articles and 12 schedules, as well as numerous amendments, for a total of 117,369 words in the English language version.

Contents
1 The importance of the Constitution
2 History
2.1 The Cabinet Mission
2.2 The Constituent Assembly
2.3 Objectives Resolution
3 Features
4 Features of the Indian Constitution adapted from other Constitutions
5 Preamble
5.1 The importance of the Preamble
5.2 Explanation of some of the important words in the Preamble
5.2.1 Sovereign
5.2.2 Socialist
5.2.3 Secular
5.2.4 Democratic
5.2.5 Republic
6 Schedules
7 Amendments
8 Articles

The importance of the ConstitutionThe Constitution lays down the basic structure of government under which the people are to be governed. It establishes the main organs of government - the executive, the legislature and the judiciary. The Constitution not only defines the powers of each organ, but also demarcates their responsibilities. It regulates the relationship between the different organs and between the government and the people.

The Constitution is superior to all other laws of the country. Every law enacted by the government has to be in conformity with the Constitution. The Constitution lays down the national goals of India - Democracy, Socialism, Secularism and National Integration. It also spells out the rights and duties of citizens.

The Constitution applies to the State of Jammu and Kashmir with certain exceptions and modifications as provided in article 370 (which is a temporary provision) and the Constitution (Application to Jammu and Kashmir) Order, 1954.

History
The Cabinet MissionWorld War II in Europe came to an end on May 9, 1945. In July, a new government came to power in the United Kingdom. The new British government announced its Indian Policy and decided to convene a constitution drafting body. Three British cabinet ministers were sent to find a solution to the question of India's independence. This team of ministers was called the Cabinet Mission.

The Cabinet Mission discussed the framework of the constitution and laid down in some detail the procedure to be followed by the constitution drafting body. Elections for the 296 seats assigned to the British Indian provinces were completed by July-August 1946. With the independence of India on August 15, 1947, the Constituent Assembly became a fully sovereign body. The Assembly began work on 9 December 1947.

The Constituent AssemblyThe Constituent Assembly was the body that framed the constitution of India. The people of India elected the members of the provincial assemblies, who in turn elected the constituent assembly. Rajendra Prasad, Sardar Patel, Maulana Abul Kalam Azad and Shyama Prasad Mukherjee were some important figures in the Assembly. There were more than 30 members of the scheduled classes. Frank Anthony represented the Anglo-Indian community, and the Parsis were represented by H.P. Modi. The Chairman of the Minorities Committee was Harendra Coomar Mookerjee, a distinguished Christian who represented all Christians other than Anglo-Indians. Constitutional experts like Alladi Krishnaswamy Iyer, B.R. Ambedkar, B.N. Rau and K.M. Munshi were also members of the Assembly. Sarojini Naidu and Vijaylakshmi Pandit were important women members.

Dr. Sachidanand Sinha was the first president of the Constituent Assembly. Later, Dr.Rajendra Prasad was elected president of the Constituent Assembly while B.R. Ambedkar was appointed the Chairman of the Drafting Committee.

The Constituent Assembly met for 166 days, spread over a period of 2 years, 11 months and 18 days. Its sessions were open to the press and the public.

Objectives ResolutionThe underlying principles of the Constitution were laid down by Jawaharlal Nehru in his Objectives Resolution:

India is an Independent, Sovereign, Republic;
India shall be a Union of erstwhile British Indian territories, Indian States, and other parts outside British India and Indian States as are willing to be a part of the Union;
Territories forming the Union shall be autonomous units and exercise all powers and functions of the Government and administration, except those assigned to or vested in the Union;
All powers and authority of sovereign and independent India and its constitution shall flow from the people;
All people of India shall be guaranteed and secured social, economic and political justice; equality of status and opportunities before law; and fundamental freedoms - of talk, expression, belief, faith, worship, vocation, association and action - subject to law and public morality;
The minorities, backward and tribal areas, depressed and other backward classes, shall be provided adequate safeguards;
The territorial integrity of the Republic and its sovereign rights on land, sea and air shall be maintained according to justice and law of civilized nations;
The land would make full and willing contribution to the promotion of world peace and welfare of mankind.
FeaturesThe Constitution of India draws extensively from Western legal traditions in its enunciation of the principles of liberal democracy. It is distinguished from many Western constitutions, however, in its elaboration of principles reflecting aspirations to end the inequities of traditional social relations and enhance the social welfare of the population. According to constitutional scholar Granville Austin, probably no other nation's constitution "has provided so much impetus toward changing and rebuilding society for the common good." Since its enactment, the constitution has fostered a steady concentration of power in the hands of the central government - especially the Office of the Prime Minister. This centralization has occurred in the face of the increasing assertiveness of an array of ethnic and caste groups across Indian society. Increasingly, the government has responded to the resulting tensions by resorting to the formidable array of authoritarian powers provided by the Constitution. However, a new assertiveness shown by the Supreme Court and the Election Commission suggests that the remaining checks and balances among the country's political institutions are resilient and capable of supporting Indian democracy. Furthermore regional parties are gaining popularity at the expense of national parties which has led to coalition governments at the centre. As a consequence, power is becoming more decentralised.

The Constitution in its final form owes much to a number of different principles from various other Constitutions. The general structure of the Constitution's democratic framework was largely the work of B. N. Rau, a constitutional scholar of international standing. Supporters of independent India's founding father, Mohandas K. Gandhi, backed measures that would form a decentralized polity with strong local government — known as panchayat — in a system known as Panchayati Raj, i.e. rule by Panchayats. However, the view of more modernist leaders such as Jawaharlal Nehru, ultimately prevailed leading to the establishment of a parliamentary system of government and a federal system with a strong central government.

Features of the Indian Constitution adapted from other Constitutions British Constitution

Parliamentary form of government

The idea of single citizenship
The idea of the Rule of law
Institution of Speaker and his role
Lawmaking procedure
Procedure established by Law u/a 13

United States Constitution

Charter of Fundamental Rights, which is similar to the United States Bill of Rights
Federal structure of government
Power of Judicial Review and independence of the judiciary
President as supreme commander of armed forces u/a 52
Due process of law u/a 13

Irish Constitution

Constitutional enunciation of the directive principles of state policy

French Constitution

Ideals of Liberty, Equality and Fraternity

Canadian Constitution

A quasi-federal form of government (a federal system with a strong central government)
The idea of Residual Powers

Australian Constitution

Freedom of trade and commerce within the country and between the states
Power of the national legislature to make laws for implementing treaties, even on matters outside normal Federal jurisdiction

Japanese Constitution

Fundamental Duties u/a 51-A

Weimar Constitution

Emergency Provision u/a 356

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. ”

The preamble is not a part of the Constitution of India as it is not enforceable in a court of law. However, the Supreme Court has, in the case of Kesavananda Bharati vs. The State of Kerala, recognized that the Preamble is a part of the Constitution and may be used to interpret ambiguous areas of the Constitution where differing interpretations present themselves. However, the Preamble is useful as an interpretive tool only if there is an ambiguity in the article itself and should not be treated as a rights bestowing part of the Constitution.

An interesting side note concerns the words "SOCIALIST" and SECULAR in the preamble. The original drafting used the words "SOVEREIGN DEMOCRATIC REPUBLIC". The two additional words "SOCIALIST" and SECULAR were introduced by the controversial 42nd amendment. The amendment was pushed through by Indira Gandhi in 1976, when she had dictatorial powers. A committee under the chairmanship of Sardar Swaran Singh recommended that this amendment be enacted after being constituted to study the question of amending the constitution in the light of past experience.

The importance of the Preamble The wording of the Preamble highlights some of the fundamental values and guiding principles on which the Constitution of India is based. The Preamble serves as a guiding light for the Constitution and judges interpret the Constitution in its light. In a majority of decisions, the Supreme Court of India has held that the objectives specified in the preamble constitute the basic structure of the Indian Constitution, which cannot be amended. Though the Preamble is a part of the constitution still it nor any of its content is legally enforcible.

The first words of the Preamble - "We, the people" - signifies that power is ultimately vested in the hands of the people of India. The Preamble lays down the most important national goals which every citizen and the government must try to achieve, such as socialism, secularism and national integration. Lastly, it lays down the date for the adoption of the Constitution - 26 November 1949.

Explanation of some of the important words in the Preamble[edit] Sovereign The word sovereign means supreme or independent. India is internally and externally sovereign - externally free from the control of any foreign power and internally, it has a free government which is directly elected by the people and makes laws that govern the people.

Socialist The word socialist was added to the Preamble by the 42nd amendment act of 1976. It implies social and economic equality. Social equality in this context means the absence of discrimination on the grounds of caste, colour, creed,sex,religion, language, etc. Under social equality, everyone has equal status and opportunities. Economic equality in this context means that the government will endeavour to make the distribution of wealth more equal and provide a decent standard of living for all. This is in effect emphasizing a commitment towards the formation of a welfare state.

India has adopted a mixed economy and the government has framed many laws to achieve the aim and the Child Labour Prohibition Act.

SecularThe word secular was inserted into the Preamble by the 42nd amendment act of 1976. It implies equality of all religions and religious tolerance. India, therefore does not have an official state religion. Every person has the right to preach, practice and propagate any religion they choose. The government must not favour or discriminate against any religion. It must treat all religions with equal respect. All citizens, irrespective of their religious beliefs are equal in the eyes of law. No religious instruction is imparted in government or government-aided schools. The Supreme Court in S.R Bommai v. Union of India held that secularism was an integral part of the basic structure of the constitution.

Democratic India is a democracy. The people of India elect their governments at all levels (Union, State and local) by a system of universal adult franchise; popularly known as 'One man one vote'. Every citizen of India, who is 18 years of age and above and not otherwise debarred by law, is entitled to vote. Every citizen enjoys this right without any discrimination on the basis of caste, creed, colour, sex, religion or education.

Republic As opposed to a monarchy, in which the head of state is appointed on hereditary basis for a lifetime or until he abdicates from the throne, a democratic republic is an entity in which the head of state is elected, directly or indirectly, for a fixed tenure. The President of India is elected by an electoral college for a term of five years. The Post of the President Of India is not hereditary. Every citizen of India is eligible to become the President of the country.

SchedulesSchedules can be added to the constitution by amendment. The twelve schedules in force cover the designations of the


States and Union Territories;

Emoluments for High-Level Officials;

Forms of Oaths;

Allocation of the number of seats in the Rajya Sabha (Council of States - the upper house of Parliament) per State or Union Territory;

Provisions for the administration and control of Scheduled Areas and Scheduled Tribes (areas and tribes needing special protection due to disadvantageous conditions);

Provisions for the administration of tribal areas in Assam;

The Union (central government), State, and Concurrent (dual) lists of responsibilities;

The Official Languages;

Article 31B-Validity excluded from Court’s Review (land and tenure reforms; the association of Sikkim with India);

Anti-Defection provisions for Members of Parliament and Members of the State Legislatures;

Panchayat Raj (Rural Development);

Municipality (Urban Planning).

AmendmentsMethods of Amendment

By simple majority of the Parliament: Amendments in this category can be made by a simple majority of members present and voting, before sending them for the President's assent.
By special majority of the Parliament: Amendments can be made in this category by a two - third majority of the total number of members present and voting, which should not be less than half of the total membership of the house.
By special majority of the Parliament and ratification of at least half of the state legislatures by special majority. After this, it is sent to the President for his assent.
On paper, an amendment to the Constitution is an extremely difficult affair, and normally needs at least two-thirds of the Lok Sabha and Rajya Sabha to pass it. However, the Constitution of India is one of the most frequently amended constitutions in the world. Many matters that would be dealt with by ordinary statutes in most democracies must be dealt with by constitutional amendment in India due to the document's extraordinary detail. The first amendment came only a year after the adoption of the Constitution and instituted numerous minor changes. Many more amendments followed, at a rate of almost two amendments per year since 1950. Most of the Constitution can be amended after a quorum of more than half of the members of each house in Parliament passes an amendment with a two-thirds majority vote. Articles pertaining to the distribution of legislative authority between Union and State governments must also be approved by fifty percent of State legislatures.

In 1974, the Supreme Court of India in the landmark case of Kesavananda Bharati vs. The State of Kerala enunciated the Basic Structure Doctrine, which expanded the scope of judicial review to include the power to review Constitutional Amendments passed by the Legislature. Using this doctrine, the Supreme Court has struck down the 39th Amendment and parts of the 42nd Amendment as being violative of the Basic Structure of the Constitution. Some noted authors of Constitutional law, such as HM Seervai have argued that this is an usurpation of amending power by the judiciary, which was never intended by the framers of the Constitution. However, it can be argued that this doctrine is necessary to protect human rights from being abrogated simply by constitutional amendment.

There have been a total of 109 amendments to the constitution of India, till January 2010.

Articles Part I - consists of Articles 1 - 4 on the Union and its Territory
Part II - consists of Articles 5 - 11 on Citizenship.
Part III - consists of Articles 12 - 35 on Fundamental Rights.
Articles 14 - 18 on Right to Equality,
Articles 19 - 22 on Right to Freedom,
Articles 23 - 24 on Right against Exploitation,
Articles 25 - 28 on Right to Freedom of Religion,
Articles 29 - 30 on Cultural and Educational Rights,
Articles 31 on Right to Property (Repealed) and Saving of Laws,
Articles 32 - 35 on Right to Constitutional Remedies.
Part IV - consists of Articles 36 - 51 on Directive Principles of State Policy.
Part IV (A) consists of Article 51A - Fundamental Duties of each citizen of India.
Part V - consists of Articles on the Union.
Chapter I - Articles 52 to 78 on The Executive.
Articles 52 - 73 on the President and Vice-President,
Articles 74 - 75 on Council of Ministers,
Articles 76 - Attorney General of India,
Articles 77 - 78 on the Conduct of Government Business
Chapter II - Articles 79 - 122 on Parliament.
Articles 79 - 88 on Constitution of Parliament,
Articles 89 - 98 on Officers of Parliament,
Articles 99 - 100 on Conduct of Business,
Articles 101 - 104 on Disqualification of members,
Articles 105 - 106 on Powers, privileges and Immunities of Parliament and its Members,
Articles 107 - 111 on Legislative Procedure,
Articles 112 - 117 on Procedure in Financial Matters,
Articles 118 - 122 on Procedure Generally.
Chapter III - Article 123 on the Legislative Powers of the President.
Article 123 on Power of president to promulgate Ordinances during recess of Parliament
Chapter IV - Articles 124 - 147 on The Union Judiciary.
Articles 124 - 147 Establishment and Constitution of the Supreme Court
Chapter V - Articles 148 - 151 on the Controller and Auditor-General of India.
Articles 148 - 151 on Duties and powers of Comptroller and Auditor-General.
Part VI - Articles on the States.
Chapter I - Article 152 on the General definition of a State of the Union of India
Article 152 - Exclusion of the state of Jammu and Kashmir from the general definition of a state of the Union of India.
Chapter II - Articles 153 - 167 on The Executive
Articles 153 - 162 on The Governor,
Articles 163 - 164 on The Council of Ministers,
Article 165 on the Advocate-General for the State.
Articles 166 - 167 on the Conduct of Government Business.
Chapter III - Articles 168 - 212 on The State Legislature.
Articles 168 - 177 General
Articles 178 - 187 on the Officers of the State Legislature,
Articles 188 - 189 on Conduct of Business,
Articles 190 - 193 on Disqualification of members,
Articles 194 - 195 on Powers, Privileges and Immunities Parliament and its Members,
Articles 196 - 201 on Legislative Procedure,
Articles 202 - 207 on Procedure in Financial Matters,
Articles 208 - 212 on Procedure Generally.
Chapter IV - Article 213 on the Legislative Powers of the Governor
Article 213 - Power of governor to promulgate Ordinances during recess of Assembly of state.
Chapter V - Articles 214 - 231 on The High Courts in the States.
Articles 214 - 231 on High Courts in the States,
Chapter VI - Articles 233 - 237 on the Subordinate Courts
Articles 232 - 237 on Subordinate Courts
Part VII - consists of Articles on States in the B part of the First schedule.
Article 238 Repealed, Replaced by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.
Part VIII - consists of Articles on The Union Territories
Articles 239 - 242 Administration, creation of Council of Ministers and High Courts
Part IX - consists of Articles on the Panchayat system.
Articles 243 - 243O on the Gram Sabha and Panchayat system
Part IXA - consists of Articles on Municipalities.
Articles 243P - 243ZG on Municipalities
Part X - consists of Articles on the scheduled and Tribal Areas
Articles 244 - 244A on Administration, creation of Council of Ministers, and legislatures.
Part XI - consists of Articles on Relations between the Union and the States.
Chapter I - Articles 245 - 255 on the Distribution of Legislative Powers
Articles 245 - 255 on Distribution of Legislative Relations
Chapter II - Articles 256 - 263 on Administrative Relations
Articles 256 - 261 - General
Article 262 - on Disputes relating to waters.
Article 263 - on Co-ordination between States
Part XII - consists of Articles on Finance, Property, Contracts and Suits
Chapter I - Articles 264 - 291 on Finance
Articles 264 - 267 General
Articles 268 - 281 on Distribution Revenues between the Union and the States
Articles 282 - 291 on Miscellaneous Financial Provisions
Chapter II - Articles 292 - 293 on Borrowing
Articles 292 - 293 on Borrowing by States
Chapter III - Articles 294 - 300 on Property, Contracts, Right, Liabilities, Obligations and Suits
Articles 294 - 300 on Succession to property assets, liabilities, and obligations.
Chapter IV - Article 300A on the Right to Property
Article 300A - on Persons not to be deprived of property save by authority of law
Part XIII - consists of Articles on Trade and Commerce within the territory of India
Articles 301 - 305 on Freedom of Trade and Commerce, and the power of Parliament and States to impose restrictions on the same
Article 306 - Repealed - Replaced by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.
Article 307 - Appointment of authority for carrying out the purposes of articles 301 to 304.
Part XIV - consists of Articles on Services Under the Union and the States
Chapter I - Articles 308 - 314 on Services
Articles 308 - 313 on Services
Article 314 - Repealed - Replaced by the Constitution (Twenty-eighth Amendment) Act, 1972, s. 3 (w.e.f. 29-8-1972).
Chapter II - Articles 315 - 323 on the Public Service Commissions
Articles 315 - 323 on Public Service Commissions
Part XIVA - consists of Articles on Tribunals
Articles 323 A - 323 B
Part XV - consists of Articles on Elections
Articles 324 - 329 on Elections
Article 329A - Repealed - Replaced by the Constitution (Forty-fourth Amendment) Act, 1978, s. 36 (w.e.f. 20-6-1979).
Part XVI - consists of Articles on Special Provisions Relating to certain Classes.
Articles 330 - 342 on Reservations
Part XVII - consists of Articles on Official Language
Chapter I - Articles 343 - 344 on Language of the Union
Articles 343 - 344 Official Language of the Union
Chapter II - Articles 345 - 347 on Regional Languages
Articles 345 - 347 on Language of the State
Chapter III - Articles 348 - 349 on Language of the Supreme Court, High courts, Etc
Articles 348 - 349 on Language used in Supreme Court, High courts Etc
Chapter IV - Articles 350 - 351 on Special Directives
Article 350 - on Language to be used in representations for redress of grievances.
Article 350A - on Facilities for instruction in mother-tongue at primary stage.
Article 350B - on provision for Special Officer for linguistic minorities.
Article 351 - on Directive for development of the Hindi language.
Part XVIII - consists of Articles on Emergency Provisions
Articles 352 - 359 on Emergency Provisions
Article 359A - Repealed - Replaced by the Constitution (Sixty-third Amendment) Act, 1989, s. 3
(w.e.f. 6-1-1990).

Article 360 - on Provisions as to financial emergency.
Part XIX - Miscellaneous
Articles 361 - 361A - Miscellaneous
Article 362 - Repealed - Replaced by the Constitution (Twenty-sixth Amendment) Act, 1971, s. 2.
Articles 363 - 367 - Miscellaneous
Part XX - consists of Articles on Amendment of the Constitution
Articles 368 on the Power of parliament to amend the constitution and procedure therefor
Part XXI - consists of Articles on Temporary, Transitional and Special Provisions
Articles 369 - 378A on Temporary, Transitional and Special Provisions
Article 379 - 391 - Repealed - Replaced by the Constitution (Seventh Amendment) Act, 1956,
s. 29 and Sch.

Article 392 - on the Power of the President to remove difficulties.
Part XXII consists of Articles on short title, date of commencement, Authoritative text in Hindi and Repeals.
Articles 393 - 395 Commencement, authoritative text in Hindi and repeals

The Constitution of India

1. Through which constitutional amendment in article 359, it has been laid down that Fundamental Rights under articles 20 and 21 are enforceable during the operation of emergency—
(A) 44th Amendment Act
(B) 46th Amendment Act
(C) 45th Amendment Act (D) 48th Amendment Act

2. On whose satisfaction period of emergency shall be extended for operation in case security of India or any part of the Indian territory is threatened—
(A) Prime Minister
(B) Home Minister
(C) President of India
(D) Vice-President of India

3. Article 20 of the Fundamental Rights represents which subject—
(A) Equality of opportunity in matters of public employment
(B) Protection in respect of Conviction of Offence
(C) Protection of life and personal liberty
(D) None of the above
4. Article 21 of the Fundamental Rights deals with which subject—
(A) Protection of certain rights regarding freedom of speech,
(B) Protection in respect of conviction of offence
(C) Protection against arrest and detention in certain cases
(D) Protection of life and personal liberty
5. Who declares the financial emergency—
(A) President
(B) Prime Minister
(C) Finance Minister
(D) None of the above

6. After declaration of financial emergency by the President, what is the period of operation without approval by the Parliament—
(A) Three Months
(B) Four Months
(C) Two Months
(D) One Month

7. Within what period, the Parliament has to approve Financial emergency declared by the President—
(A) Six Months
(B) Two Months
(C) Three Months
(D) Four Months

8. In Financial Emergency, salaries and allowances of which groups get reduction—
(A) Central Government Employees
(B) Judges of the Supreme Court and High Courts
(C) A & B
(D) None of the above

9. Raj Pramukh represents whom under the Indian Constitution—
(A) President
(B) Governor
(C) A & B
(D) None of the above

10. Under the Indian Constitution, what is the concept behind the protection of President and Governors—
(A) President & Governors are above the law
(B) President & Governors make any law for the Constitution
(C) President and Governors are answerable to Prime Minister
(D) President and Governors shall not be answerable to any court to the exercise and performance of the powers and duties of their office

11. By which Constitutional amendment, the appellation Rajpramukh was omitted—
(A) 7th Amendment Act 1956
(B) 4th Amendment Act 1955
(C) 6th Amendment Act 1956
(D) 10th Amendment Act 1961

12. Which constitutional article provides personal immunity for President and Governors for official act—
(A) Article 362
(B) Article 363
(C) Article 368
(D) Article 361

13. Which constitutional article provides personal immunity to the head of the states for his official act from legal action, including proceedings for contempt of Court—
(A) Article 361
(B) Article 362
(C) Article 368
(D) Article 369

14. Under which constitutional articles, newspapers do not have the right to publish report of the proceedings of a secret session of either of the Houses of Parliament or Legislative Assembly & Legislative Council—
(A) 361
(B) 361A
(C) 361B
(C) 361C

15. Spell out the condition under Article 361A by which any person or newspaper cannot be sued for legal proceeding if any report of proceedings of Parliament and State Legislature is published—
(A) The report must be a report of the `procedings' of a House of the Union or a State Legislature. Hence, it must be relevant to a motion or other business before the House, and must not have been expunged
(B) It must be a ‘report’ as distinguished from one article or `Comment'.
(C) Such report must be substantially true. Hence, an extract or a garbed or perverted report would not be protected. The reporting must not be actuated by malice
(D) All of the above
16. Any Court including Supreme Court does not have constitutional right under Article 143 to exercise jurisdiction over any dispute arising out of any provision of which agreements that were in operation before commencement of the Constitution—
(A) Treaty, Agrrement
(B) Covenant, Engagement
(C) Sanad
(D) All of the above
17. What is the meaning of Indian State in the Constitution—
(A) Any territory recognised by President of India
(B) Any territory before commencement of Indian Constitution by the British ruler
(C) Any territory which government of the Dominion of India recognised
(D) B & C
18. Before which Constitutional Amendment, Prince, Chief or other person were recognised by the President of India as the Ruler of the Indian State—
(A) 26th Amendment Act 1971
(B) 24th Amendment Act 1971
(C) 16th Amendment Act 1963
(D) 17th Amendment Act 1964
19. Under which Constitutional Amendment Privy Purses were abolished—
(A) 36th Amendment Act 1975
(B) 26th Amendment Act 1971
(C) 16th Amendment Act 1963
(D) 17th Amendment Act 1964

20. Under which Constitutional Article, Union Government has the power to give direction to the State Govt. regarding any of the provisions of the Constitution—
(A) Article 368
(B) Article 362
(C) Article 365
(D) Article 367

21. If any State Government fails to comply with or to give effect to any direction given by the Union Government, who can come to conclusion that a situation has arisen in which the State cannot carry out governance in accordance with the provision in the Constituion—
(A) President
(B) Prime Minister
(C) Home Minister
(D) Supreme Court

22. Under Article 365 what are the duties of the Union Government with respect to State Governments—
(A) Ensure that every State Minister should act in accordance with the advice of Chief Minister
(B) Ensure that Governor acts under advice of the Chief Minister
(C) Ensure that Governance in the State is in accordance with the Constitution
(D) All of the above
23. What is the meaning of Foreign State as given in our Indian Constitution—
(A) Federal State
(B) Commonwealth State
(C) Nation
(D) Any State other than India

24. Which Constitutional article defines the work of Administrative Tribunal—
(A) Article 323A
(B) Article 233B
(C) Article 223B
(D) None of the above

25. Under which part of the Constitution, Tribunals have been defined—
(A) Part Four
(B) Part Seven
(C) Part Fifteen
(D) Part Ten

26. What is the period laid down by the Constitution before the proposal for removal of Speaker and Deputy Speaker of Lok Sabha can be taken up by a resolution in the Lok Sabha—
(A) 15 Days
(B) 18 Days
(C) 16 Days
(D) 14 Days

27. In Lok Sabha, who can not preside in the House while a Resolution for Removal from his office is under consideration—
(A) Speaker
(B) Deputy Speaker
(C) A & B
(D) None of the above

28. Under which Article Salaries and allowances of the Chairman and Deputy Chairman of Rajya Sabha and Speaker and Deputy Speaker of Lok Sabha are mentioned—
(A) 97
(B) 96
(C) 95
(D) 94

29. Which Article mentions the conduct of business of the Houses of Parliament—
(A) 99
(B) 100
(C) A & B
(D) None of the above

30. Who appoints each member of either of the Houses of the Parliament after notification is received from the Election Commission—
(A) President
(B) Speaker of Lok Sabha
(C) Chairman of Rajya Sabha
(D) Prime Minister

31. Who shall not give vote in the first instance in either of the Houses of Parliament—
(A) Speaker
(B) Chairman
(C) A & B
(D) None of the above

32. When Speaker and Chairman shall give their votes on the Parliament.
(A) When Prime Minister asks them to give vote on the Bill
(B) When the House passes such a resolution
(C) In the case of a tie between Yes and No
(D) All the above

33. What is the Quorum laid down to constitute a meeting of either of the Houses of Parliament—
(A) one-tenth of the total number of members of that House
(B) one-fourth of the total number of members of that House
(C) one-fifth of the total number of members of that House
(D) one-half of the total number of members of that House

34. Which Article mentions disqualification of members in the Parliament—
(A) Article 101 to Article 104
(B) Article 101 to Articles 105
(C) Article 102 to Article 106
(D) Article 106 to Article 110

35. Lok Sabha has the supremacy in which matter—
(A) Railway Budget
(B) Defence Budget
(C) Foreign affairs
(D) Financial Bill

36. Normally, what kind of session does the Parliament hold—
(A) Budget session
(B) Monsoon session
(C) Winter session
(D) All the above

37. Which session of the year, President addresses both the Houses of Parliament—
(A) First session (Budget)
(B) Second session (Monsoon)
(C) Third session (Winter)
(D) None of the above

38. In which session of Parliament, Railway and General Budgets are presented—
(A) Monsoon session
(B) First session
(C) Winter session
(D) None of the above

39. What is the meaning of the adjournment motion under Parliamentary procedure—
(A) Member draws attention regarding important subject-matter
(B) Member wants the House to discuss his subject-matter
(C) Member wants to raise complicated issue
(D) Member wants to draw the attention of the House to way recent matter of urgent public importance having serious consequences.

40. Who has the power to accept adjournment in the House—
(A) Prime Minister
(B) Home Minister
(C) Speaker in the Lok Sabha and Chairman in the Rajya Sabha
(D) All the above

41. Which authority in the Parliament has the right to adjourn the House—
(A) Speaker of Lok Sabha and Chairman of Rajya Sabha
(B) President
(C) Parliamentary Affairs Minister
(D) Prime Minister

42. Who has the power to present adjournment motion in Lok Sabha and Rajya Sabha—
(A) Minister
(B) Deputy Speaker
(C) Prime Minister
(D) Member of the said House

43. In the Parliament, every Bill has to pass through which stages of Reading before it becomes act—
(A) First Reading
(B) Second Reading
(C) Third Reading
(D) All the above

44. When a Bill is passed by the Parliament and the President, what is the status of the name—
(A) Law
(B) Bill approved
(C) Bill exercised for administration
(D) Government procedure

45. Which two houses, can have a joint sitting—
(A) Legislative Assembly and Parliament
(B) Lok Sabha and Rajya Sabha
(C) Council of State and Legislative Council
(D) None of the above

46. When does the President assent the Bill—
(A) Lok Sabha passes the Bill
(B) Rajya Sabha passes the Bill
(C) Lok Sabha and Rajya Sabha both passed the Bill
(D) None of the above

47. In India, when does the financial year commence—
(A) First April
(B) Second April
(C) First March
(D) Fifteenth March

48. On the subject of budget, demands for grant are arranged in which way—
(A) Prime Minister
(B) Finance Minister
(C) Ministry wise
(D) All the above

49. In how many parts, the Budget is presented in Lok Sabha—
(A) One
(B) Two
(C) Three
(D) Four

50. How are the parts of the Budget known as—
(A) General Budget
(B) Railway Budget
(C) A & B
(D) None of the above

51. During T. N. Seshan period as Chief Election Commissioner, who was the other Commissioner in the Election Commission—
(A) M. S. Gill
(B) G. V. Krishnamurthy
(C) A & B
(D) None of the above

52. For which Election, one General Electoral Roll for every territorial Constituency shall exist—
(A) Lok Sabha
(B) Rajya Sabha
(C) Legislature
(D) All the above

53. On what basis, Election to Lok Sabha and State Legislature shall be conducted—
(A) Adult Suffrage
(B) Indirect Election
(C) Direct Election
(D) None of the above

54. Under which Constitutional Amendment, provision for minimum age as 18 years for the Indian citizen was made to become eligible to vote—
(A) 60th Amendment Act 1988
(B) 61st Amendment Act 1989
(C) 62nd Amendment Act 1989
(D) None of the above

55. Before 61st Amendment Act 1989, what was the age of Indian citizen eligible to vote in the Election—
(A) 23
(B) 24
(C) 21
(D) 22

56. Under Article 326, what was the Constitutional requirment for the Indian citizen not to become eligible as a voter—
(A) Non Resident
(B) Unsoundness of Mind
(C) Crime or Corrupt or Illegal practive
(D) All the above
57. Which Constitutional Article lays down qualification for becoming a voter—
(A) Article 328
(B) Article 339
(C) Article 326
(D) Article 295

58. Which Constitutional Article lays down qualifications for the Indian citizens for election to Parliament—
(A) Article 81
(B) Article 80
(C) Article 83
(D) Article 84

59. Which Constitutional Article defines qualifications for the Indian citizen for election to a State Legislature—
(A) Article 173
(B) Article 175
(C) Article 177
(D) Article 178

60. Under the Indian Constitution, what does `Adult Suffrage' signify—
(A) Children
(B) Persons
(C) Any Indian citizen who is of the age of 18 years and above
(D) None of the above

61. Who makes law with respect to Elections for State Legislature—
(A) Parliament
(B) Judiciary
(C) Government
(D) Election Commission

62. Under Constitutional Articles 327 or 328, which subject shall not be called to be questioned in any Court—
(A) Delimitation of Constituencies
(B) The allotment of seats to such Constituency
(C) A & B
(D) None of the above

63. How the election to either House of Parliament or to either House of the Legislature of the State shall be called in question in the courts whose manner of presentation may be provided made by law by appropriate Legislature—
(A) PIL (Public Interest Litigation)
(B) SLP (Special Leave Petition)
(C) Action under Article 32
(D) Election Petition

64. Which Constitutional Article lays down the reservation of seats for Scheduled Castes and Scheduled Tribes in the Lok Sabha—
(A) Article 330
(B) Article 332
(C) Article 333
(D) Article 334

65. Which Constitutional Article deals with `Representation of the Anglo-Indian Community' with House of the People—
(A) Article 334
(B) Article 331
(C) Article 332
(D) Article 333

66. Under Article 331, how many members of the Anglo-Indian Community can be nominated in Lok Sabha by the President—
(A) 3
(B) 4
(C) 2
(D) 1

67. In which State a separate district has been reserved for Scheduled Tribes—
(A) Assam
(B) Andhra Pradesh
(C) Karnataka
(D) Kerala

68. Which Constitutional Article deals with representation of the Anglo-Indian Community in the Legislative Assembly—
(A) Article 334
(B) Article 335
(C) Article 336
(D) Article 333

69. Under Article 333, how many members from the Anglo-Indian Community can be nominated by the Governor in the Legislative Assembly—
(A) 8
(B) 1
(C) 4
(D) 3

70. Under which Constitutional Amendment of Article 334, reservation of seats for Scheduled Castes and Scheduled Tribes in the Lok Sabha and State Legislative Assembly has been laid down—
(A) 31st Amendment Act 1959
(B) 23rd Amendment Act
(C) 45th Amendment Act 1980 & 62nd Amendment Act 1989
(D) All the above

71. Before which Constitutional Amendment, 20 years were fixed for reservation of seats for Scheduled Castes and Scheduled Tribes in Lok Sabha and State Legislature—
(A) 23rd Amendment Act 1969
(B) 8th Amendment Act 1959
(C) 44th Amendment Act 1978
(D) 45th Amendment Act 1980

72. Through which Constitutional Amendment, 30 years were fixed for reservation of seats for SC and ST in Lok Sabha and State Assembly—
(A) 45th Amendment Act 1980
(B) 50th Amendment Act 1984
(C) 23rd Amendment Act 1969
(D) 51st Amendment Act 1984

73. Which Constitutional Amendment fixes 40 years for reservation of seats for SC and ST in Lok Sabha and State Legislative Assembly.
(A) 55th Amendment Act 1986
(B) 56th Amendment Act 1987
(C) 52nd Amendment Act 1985
(D) 45th Amendment Act 1980

74. Which Constitutional Amendment lays down 50 years for reservation of seats for SC and ST in the House of People and State Legislative Assembly—
(A) 62nd Amendment Act 1989
(B) 44th Amendment Act 1928
(C) 45th Amendment Act 1980
(D) None of the above

75. Which Constitutional Article mentions ‘Claims of SC and ST in Govt. services and post’—
(A) Article 336
(B) Article 335
(B) Article 338
(D) Article 339

76. In the Parliament, what is the meaning of the Government Bill—
(A) Bill presented by Ruling Party member
(B) Bill approved by the Government
(C) Only the Prime Minister presents the Bill
(D) A Bill introduced by any Minister in either of the Houses of the Parliament

77. In the Second Reading, what kind of process is adopted to approve the Bill—
(A) A general discussion on the Bill
(B) Clause by clause consideration of the Bill
(C) A & B
(D) None of the above

78. Who has the authority to call a joint sitting of the two Houses of Parliament—
(A) Prime Minister
(B) President
(C) Member of Lok Sabha
(D) Member of Rajya Sabha

79. Who has the power to accord his assent or withhold his assent to a Bill passed by the parliament—
(A) President
(B) Member of the House
(C) Minister
(D) None of the above

80. Which Bill President can neither return nor withhold his assent—
(A) Defence Bill
(B) Money Bill
(C) Law Bill
(D) Financial Account Committee Bill

81. How may Standing Committees are there in Lok Sabha—
(A) 14
(B) 15
(C) 15
(D) 18

82. Standing Committees in Lok Sabha are—
(A) Business Advisory Committee & Committee of Privileges
(B) Committee on Absence of Members from the sitting of the House & Committee on Estimates
(C) Committee on Government assurances and Committee on papers laid on the Table
(D) All the above

83. Financial Committees in Lok Sabha are—
(A) Committee on Estimates
(B) Public Accounts Committee
(C) Public Undertaking Committee
(D) All the above

84. Ad hoc Committees in Parliament are—
(A) Committee on Draft Five Year Plan, etc.
(B) Committee in the conduct of certain members during the President Address (C) Select or Joint Committee on Bills
(D) All the above

85. Who appoints Ad hoc Committee on Parliament—
(A) Speaker of Lok Sabha
(B) Chairman of Rajya Sabha
(C) A & B
(D) None of the above

86. By which procedure the Indian President and American President are elected as laid down by their country's constitution—
(A) Elected through Member of Legislature
(B) Elected by the People
(C) Elected by State Legislatures
(D) Elected by an Electoral College

87. In what way our Indian Parliament is not Sovereign or Supreme with respect to the Constitution—
(A) In the Preamble, Constitution of India defines people of India as Sovereign
(B) Written Constitution of India
(C) Separation of Power and Checks and Blanees between the three constitutional organ
(D) All the above

88. Who has said that basic features of the Indian Constitution do not amount to a change—
(A) Prime Minister
(B) Parliament
(C) Supreme Court of India
(D) Government

89. What is the nature of India's political system—
(A) Presidential System
(B) Parliamentary System
(C) A & B
(D) None of the above

90. Which Constitutional Article was very much affected in the Supreme Court Judgement of Kesavanand Bharti vs. State of Kerala—
(A) Article 352
(B) Article 368
(C) Article 351
(D) Article 342

91. Which constitutional article emopowers amendment in the Constitution of India—
(A) Article 368
(B) Article 356
(C) Article 357
(D) Article 359

92. Which constitutional organ has the power to amend Constitution of India—
(A) Judiciary
(B) Executive
(C) Legislative
(D) Parliament

93. On which subject, Parliament has the power to amend the Constitution and the same also need ratification by the State Legislature—
(A) Articles 54, 55, 73, 162 and 241 or Chapter IV of Part V, Chapter V of Part VI or Chapter I of Part XI
(B) Any of the Lists in the Seventh Schedules of the representation of State on Parliament
(C) The Provisions of Article 368
(D) All the above

94. Under which Constitutional Amendment Act, Article 368 of the Constitution was amended for the first time—
(A) 25th Amendment Act
(B) 26th Amendment Act
(C) 24th Amendment Act
(D) 27th Amendment Act

95. Which Supreme Court Judgement pronounced that Fundamental Rights cannot be abridged—
(A) Golak Nath vs. State of Punjab A.I.R. 1967 S.C. 1643
(B) Kesavanand Bharti vs. State of Kerala A.I.R. 1973 S.C. 1961
(C) Indira Gandhi vs. Rajnarain A.I.R. 1975 S.C. 2299
(D) None of the above

96. Who curbed the Judicial Review power of Judiciary through Amendment of the Constitution—
(A) State Legislature
(B) Parliament
(C) Council of State
(D) Legislative Council

97. Who restored the Judicial Review power of Judiciary under Indian Constitution—
(A) Supreme Court of India
(B) High Court
(C) Chief Metropolitan Magistrate
(D) District Court

98. In which House, Janta Government failed to secure two-third majority for new clause under Article 368 for introducing referendum for effecting changes in certain logic features of the Constitution—
(A) Legislative Council
(B) State Legislature
(C) State Assembly
(D) Rajya Sabha

99. Who said in his judgement that no part of our Constitution is unamendable—
(A) Allahabad High Court
(B) Calcutta High Court
(C) Madras High Court
(D) Supreme Court of India

100. What was the important landmark judgement regarding amendment of the Constitution (Article 368)
(A) Shankari Prasad vs. Union of India
(B) Golak Nath vs State of Punjab
(C) Kesavananda vs State of Kerala, Minerva Mill vs. Union of India
(D) All the above


Answers :

1.(A) 2.(C) 3.(B) 4.(D) 5.(A)
6.(C) 7.(B) 8.(C) 9.(C) 10.(D)
11.(A) 12.(D) 13.(A) 14.(B) 15.(D)
16.(D) 17.(D) 18.(A) 19.(B) 20.(C)
21.(A) 22.(C) 23.(D) 24.(A) 25.(C)
26.(D) 27.(C) 28.(A) 29.(C) 30.(A)
31.(C) 32.(C) 33.(A) 34.(A) 35.(D)
36.(D) 37.(A) 38.(B) 39.(D) 40.(C)
41.(A) 42.(D) 43.(D) 44.(A) 45.(B)
46.(C) 47.(A) 48.(C) 49.(B) 50.(C)
51.(C) 52.(D) 53.(A) 54.(B) 55.(C)
56.(D) 57.(C) 58.(D) 59.(A) 60.(C)
61.(A) 62.(C) 63.(D) 64.(A) 65.(B)
66.(C) 67.(A) 68.(D) 69.(B) 70.(D)
71.(B) 72.(C) 73.(D) 74.(A) 75.(B)
76.(D) 77.(C) 78.(B) 79.(A) 80.(B)
81.(D) 82.(D) 83.(D) 84.(D) 85.(C)
86.(D) 87.(D) 88.(C) 89.(B) 90.(B)
91.(A) 92.(D) 93.(D) 94.(C) 95.(A)
96.(B) 97.(A) 98.(D) 99.(D) 100.(D)

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