Polity Set 10
🔍
📌 Historical Background • Polity
Q.1) The Regulating Act of 1773 created an Executive Council to assist the Governor-General of Bengal. How many members did this council have?
Ans > Four
- Historical Context and Need: The Regulating Act of 1773 was enacted by the British Parliament to control and regulate the highly mismanaged financial and administrative affairs of the East India Company. It effectively ended the disastrous Dual System of Government in Bengal introduced by Robert Clive and laid the absolute foundation of central administration in India.
- Creation of the Executive Council: The Act officially elevated the Governor of Bengal to the position of ‘Governor-General of Bengal’ (Lord Warren Hastings was the first to hold this title). To assist him, it created an Executive Council consisting of exactly four members. These initial four members were Philip Francis, Clavering, Monson, and Barwell. Decisions were taken by a simple majority vote.
- Subordination of Presidencies: Prior to this act, the presidencies of Bengal, Bombay, and Madras were independent of one another. The 1773 Act made the governors of Bombay and Madras completely subordinate to the Governor-General of Bengal, initiating a highly centralized administrative structure.
- Judicial and Anti-Corruption Measures: It provided for the establishment of a Supreme Court at Calcutta (1774) comprising one chief justice (Sir Elijah Impey) and three other judges. Furthermore, to curb rampant corruption, it strictly prohibited the servants of the Company from engaging in any private trade or accepting presents or bribes from the ‘natives’.
📌 Historical Background • Polity
Q.2) The Indian Councils Act of 1892 made indirect provisions for filling non-official seats, but what word was NOT used in the Act?
Ans > Election
- Background of the Act: The Indian Councils Act of 1892 was largely introduced to fulfill the growing demands of the newly formed Indian National Congress (established in 1885), which was aggressively campaigning for the expansion and reform of the legislative councils to include more Indian representation.
- Expansion of Councils: The Act successfully increased the number of additional (non-official) members in both the Central and Provincial Legislative Councils. However, the British deliberately maintained a strict official majority in these councils to ensure they never lost legislative control.
- Enhanced Legislative Functions: It broadened the functions of the legislative councils and gave the members the vital right to discuss the annual budget. Furthermore, members were granted the right to address questions to the executive on matters of public interest, provided they gave six days’ prior notice.
- The ‘Nomination’ Mechanism: Although it introduced a limited and indirect provision for filling up non-official seats, the word ‘election’ was intentionally and completely avoided in the formal text of the Act. The process was described merely as ‘nomination’ made on the recommendation of certain bodies. Central council nominations were recommended by provincial councils and the Bengal Chamber of Commerce, while provincial council nominations were recommended by municipalities, district boards, universities, and zamindars.
📌 Historical Background • Polity
Q.3) Under the Indian Councils Act of 1909, the number of members in the Central Legislative Council was raised from 16 to:
Ans > 60
- The Morley-Minto Reforms: The Indian Councils Act of 1909 is widely known as the Morley-Minto Reforms. It was named after Lord Morley, the then Secretary of State for India sitting in London, and Lord Minto, the then Viceroy of India who implemented the policies locally.
- Massive Size Increase: The Act significantly expanded the size of the legislative councils at both the central and provincial levels. Crucially, the number of members in the Central Legislative Council was massively raised from just 16 to 60 members. However, despite this increase, the British rigidly retained an official majority at the Centre.
- Provincial Non-Official Majority: While the Centre retained an official majority, the Act permitted the provincial legislative councils to have a non-official majority for the first time, signaling a slight decentralization of legislative power.
- Introduction of Communal Representation: The most notorious aspect of this Act was the introduction of a system of communal representation for Muslims by accepting the concept of a ‘separate electorate’. Under this, Muslim members were to be elected only by Muslim voters. This effectively legalized communalism, and Lord Minto became known as the Father of Communal Electorate in India.
- Indians in Executive Councils: For the very first time, the Act provided for the association of Indians with the executive councils of the Viceroy and Governors. Satyendra Prasad Sinha became the first Indian to join the Viceroy’s Executive Council, appointed as the law member.
📌 Historical Background • Polity
Q.4) The Simon Commission, appointed in 1927, consisted of how many members?
Ans > Seven
- Statutory Mandate and Early Appointment: The Government of India Act 1919 had mandated that a statutory commission be set up after ten years to inquire into its working. However, fearing a defeat in the upcoming British elections, the Conservative government appointed the Simon Commission in November 1927, two years ahead of schedule.
- The All-White Composition: The commission, formally known as the Indian Statutory Commission, consisted of exactly seven members under the chairmanship of Sir John Simon. Most importantly, all seven members were white British parliamentarians (including Clement Attlee, who later became the UK Prime Minister).
- Mass Boycott and Protests: The complete exclusion of Indians from a body deciding the constitutional future of India was seen as a grave insult. Consequently, it was fiercely boycotted by all major Indian political parties, including the Congress and the Muslim League. The protests were marked by black flags and the famous slogan “Simon Go Back”. Tragically, veteran leader Lala Lajpat Rai died from police lathi blows sustained during one of these peaceful protests in Lahore.
- Major Recommendations: Despite the fierce boycott, the commission submitted its report in 1930. Its key recommendations included the total abolition of dyarchy in the provinces, the establishment of a federation of British India and princely states, the continuation of communal electorates, and the extension of responsible government in the provinces.
📌 Constituent Assembly • Polity
Q.5) On what date was the Objectives Resolution unanimously adopted by the Constituent Assembly?
Ans > January 22, 1947
- Introduction by Nehru: On the historic day of December 13, 1946, during the very first session of the Constituent Assembly, Pandit Jawaharlal Nehru moved the landmark ‘Objectives Resolution’. This document was crucial as it laid down the fundamental philosophy and the guiding principles for framing the constitutional structure.
- Unanimous Adoption: After intense deliberation and debate, this foundational resolution was unanimously adopted by the Constituent Assembly on January 22, 1947. Its adoption marked the Assembly’s firm commitment to building a sovereign, democratic republic.
- Core Constitutional Ideals: The resolution explicitly declared India as an Independent Sovereign Republic. It guaranteed all citizens justice (social, economic, and political), equality of status and opportunity, and fundamental freedoms of thought, expression, belief, faith, and worship. It also mandated adequate safeguards for minorities, backward and tribal areas, and depressed classes.
- Transformation into the Preamble: The profound ideals and the overarching philosophy articulated in the Objectives Resolution heavily influenced the entire shaping of the Constitution through all its subsequent stages. A slightly modified version of this very resolution eventually formed the iconic Preamble of the present Indian Constitution.
📌 Constituent Assembly • Polity
Q.6) Who was appointed as the constitutional advisor (Legal advisor) to the Constituent Assembly?
Ans > Sir B.N. Rau
- Eminent Jurist and Administrator: Sir Benegal Narsing Rau (B.N. Rau) was a highly distinguished civil servant, a brilliant jurist, and an esteemed diplomat. Due to his vast legal expertise, he was officially appointed as the Constitutional Advisor (Legal Advisor) to the Constituent Assembly of India in 1946.
- Drafting the Initial Blueprint: Sir B.N. Rau’s most monumental contribution was the meticulous preparation of the initial, rough draft of the Constitution. Based on his exhaustive study of various democratic constitutions worldwide and his extensive reports, he prepared a working draft comprising 243 articles and 13 schedules.
- International Consultations: To ensure the Indian Constitution incorporated global best practices, Rau traveled extensively to the USA, Canada, Ireland, and the UK. During these trips, he held critical discussions with eminent jurists, including Justice Felix Frankfurter of the US Supreme Court, who notably advised him against including a “due process” clause, a suggestion India ultimately followed by adopting “procedure established by law”.
- Foundation for the Drafting Committee: The comprehensive initial draft prepared by Sir B.N. Rau served as the absolute bedrock upon which the Drafting Committee, chaired by the brilliant Dr. B.R. Ambedkar, heavily relied to scrutinize, revise, and finally construct the formal Constitution of India. Notably, Rau provided his invaluable services entirely honorarily, without taking any remuneration.
📌 Constituent Assembly • Polity
Q.7) Who was the Chairman of the House Committee in the Constituent Assembly?
Ans > B. Pattabhi Sitaramayya
- The Committee System: The Constituent Assembly did not work as a single monolithic block for every detail. Instead, to save time and divide the massive workload, it appointed numerous specialized committees to deal with different tasks of constitution-making. Out of these, eight were classified as major committees and the rest as minor committees.
- Role of the House Committee: The House Committee was one of the essential minor committees. Its primary responsibility was to deal with the complex physical, logistical, and administrative arrangements required for the hundreds of Assembly members, ensuring they had proper accommodation and facilities during the prolonged sessions in Delhi.
- Chairman B. Pattabhi Sitaramayya: Dr. B. Pattabhi Sitaramayya was appointed as the Chairman of this crucial House Committee. He was a veteran Congress leader from Andhra and a prominent freedom fighter.
- Historical Context of Sitaramayya: Sitaramayya is also historically famous for being the official candidate of Mahatma Gandhi for the presidency of the Indian National Congress at the Tripuri session in 1939. However, in a highly contested and historic election, he was famously defeated by Netaji Subhas Chandra Bose.
📌 Sources of Constitution • Polity
Q.8) From which constitution was the provision for “freedom of trade, commerce and inter-course” borrowed?
Ans > Australian Constitution
- A Borrowed Yet Tailored Constitution: The framers of the Indian Constitution actively studied and borrowed heavily from various global constitutions, adapting their best features to suit India’s unique socio-political conditions, avoiding the pitfalls experienced by other nations.
- The Australian Influence: Several key features were directly inspired by the Australian Constitution. The most prominent among these is the concept of ensuring the freedom of trade, commerce, and inter-course throughout the national territory, which is currently detailed in Part XIII (Articles 301 to 307) of the Indian Constitution. This provision aims to break down provincial barriers and unite India into a single, seamless economic geography.
- The Concurrent List: Another massive borrowing from Australia is the concept of the ‘Concurrent List’ (found in the Seventh Schedule). This list contains subjects where both the Central Parliament and the State Legislatures have the concurrent power to make laws, fostering cooperative federalism while ensuring central supremacy in case of a conflict.
- Joint Sitting of Parliament: Furthermore, the specific mechanism for resolving legislative deadlocks between the two houses of Parliament through a ‘joint sitting’ (Article 108) was also adopted from the Australian parliamentary practice.
📌 Sources of Constitution • Polity
Q.9) The ideals of liberty, equality, and fraternity in the Preamble, along with the concept of a Republic, were borrowed from the:
Ans > French Constitution
- Inspiration from France: The foundational political philosophy outlined in the Preamble of the Indian Constitution draws heavy inspiration from the French Constitution and the historic legacy of the French Revolution (1789-1799). The famous revolutionary slogan “Liberty, Equality, Fraternity” was adopted to define the social goals of the newly independent Indian state.
- The Concept of a Republic: India borrowed the concept of a ‘Republic’ from France. In a republic, the head of the state is always elected directly or indirectly for a fixed tenure, in stark contrast to a monarchy (like the UK) where the head of state enjoys a hereditary position. In India, the President is the elected head of the Republic.
- Defining Liberty and Equality: In the Indian context, ‘Liberty’ means the absence of arbitrary restraints on the activities of individuals, while simultaneously providing opportunities for the development of individual personalities. ‘Equality’ implies the complete absence of any special privileges to any section of society and the provision of adequate opportunities for all individuals without any discrimination.
- The Essence of Fraternity: ‘Fraternity’ signifies a deep sense of brotherhood among all citizens. The Constitution promotes this feeling of fraternity through the system of single citizenship and various fundamental duties, ensuring it simultaneously upholds the dignity of the individual and the unity and integrity of the nation.
📌 Fundamental Rights • Polity
Q.10) The compensation amount fixed by the State for the compulsory acquisition of property of a minority educational institution (Article 30) was added to protect minorities by the:
Ans > 44th Amendment Act of 1978
- Article 30 Context: Article 30 of the Indian Constitution explicitly grants all minorities, whether based on religion or language, the fundamental right to establish and strictly administer educational institutions of their own choice. This is vital for preserving their distinct culture and heritage.
- The 44th Amendment Overhaul: Enacted by the Morarji Desai government in 1978, the 44th Constitutional Amendment Act fundamentally altered the Right to Property. It completely abolished the right to property as a Fundamental Right (previously under Article 19(1)(f) and Article 31) and relegated it to a mere legal right under Article 300A in Part XII.
- Special Protection Clause Inserted: While taking away the general fundamental right to property from all citizens, the 44th Amendment took special care to protect minority institutions. It inserted a new clause (1A) into Article 30.
- Guaranteeing Fair Compensation: This specific inserted provision mandated that if the State compulsorily acquires the property of a minority educational institution, the compensation amount fixed by the law must be adequate. It explicitly states that the compensation should not restrict or abrogate the right guaranteed to minorities, ensuring the State cannot bankrupt a minority school by paying a negligible amount for its acquired land.
📌 Fundamental Rights • Polity
Q.11) The literal meaning of the writ of “Certiorari” is:
Ans > To be certified or to be informed
- The Concept of Prerogative Writs: Writs are extraordinary, formal written orders issued by the Supreme Court (under Article 32) and High Courts (under Article 226) that provide immediate legal remedies to citizens whose fundamental rights have been violated. They are borrowed from English common law.
- Literal Meaning: In its Latin origin, the word ‘Certiorari’ literally translates to ‘to be certified’ or ‘to be informed’.
- Function and Grounds: It is a curative writ issued by a higher, superior court to a lower court or a tribunal. It orders them either to transfer a pending case to the higher court or to completely quash (cancel) an order already passed by the lower authority. It is issued on the grounds of excess of jurisdiction, lack of jurisdiction, or a blatant error of law apparent on the face of the record.
- Expansion of Scope: Initially, the writ of Certiorari could only be issued against judicial and quasi-judicial authorities, and not against administrative bodies. However, in a landmark 1991 ruling, the Supreme Court declared that Certiorari can also be issued against administrative authorities if their decisions unjustly affect the legal rights of individuals. It cannot be issued against legislative bodies or private individuals.
📌 Fundamental Rights • Polity
Q.12) Which writ can be sought by ANY interested person, and not necessarily only by the aggrieved person?
Ans > Quo-Warranto
- Meaning and Purpose: The literal translation of the Latin term ‘Quo-Warranto’ is ‘by what authority or warrant’. It is a powerful judicial writ issued by the court to strictly enquire into the legality of a claim made by a person to a public office. Its primary purpose is to prevent the illegal usurpation of public offices by unqualified individuals.
- Relaxation of Locus Standi: In regular legal proceedings and most other writs (like Mandamus or Certiorari), the strict rule of *locus standi* applies, meaning only the person whose rights have been directly infringed (the aggrieved person) can approach the court. Quo-Warranto is a major exception to this rule.
- Public Interest Enforcement: Because the capture of a public office by an unqualified person affects the public at large, the Supreme Court has ruled that the writ of Quo-Warranto can be sought by ANY interested person. The petitioner does not have to be directly or personally aggrieved by the appointment to file the petition.
- Conditions for Issuance: However, the court will only issue this writ if specific conditions are met: the office in question must be a substantive public office created by a statute or by the Constitution itself. It cannot be issued in cases of a mere ministerial office or a private office.
📌 Fundamental Rights • Polity
Q.13) A key difference between Martial Law and a National Emergency is that Martial Law affects:
Ans > Only Fundamental Rights
- Understanding Martial Law: Martial Law, implicitly mentioned in Article 34 of the Constitution, refers to a situation where ordinary civil administration and courts are suspended, and the military takes over to restore order in a specific disturbed area. The Constitution does not explicitly define ‘Martial Law’, leaving its interpretation to the state apparatus.
- Scope of Impact: A massive key difference lies in their operational scope. While a National Emergency (Article 352) fundamentally alters the entire federal structure—affecting Centre-state legislative relations, revenue distribution, and extending parliamentary tenures—Martial Law is highly localized and affects strictly ONLY Fundamental Rights in the specific area where it is in force.
- Grounds for Imposition: National Emergency can only be declared on three specific constitutional grounds: war, external aggression, or armed rebellion. In contrast, Martial Law is imposed to restore order arising from any reason, such as a major riot, severe insurrection, or total breakdown of civil law, and it has no specific written grounds in the Constitution.
- Geographical Application: While a National Emergency can be imposed on the entire country or any specific part of it, Martial Law is inherently designed to be imposed only in some specific area of the country experiencing extraordinary civil unrest, not nationwide.
📌 Fundamental Rights • Polity
Q.14) The power to restrict or abrogate the fundamental rights of the members of armed forces under Article 33 is conferred ONLY on:
Ans > The Parliament
- Rationale of Article 33: Article 33 is a unique exception to Fundamental Rights. It explicitly empowers the modification, restriction, or total abrogation of the fundamental rights of the members of armed forces, paramilitary forces, police forces, and intelligence agencies. The primary objective is to ensure the proper discharge of their highly sensitive duties and the maintenance of absolute, strict discipline among them.
- Exclusive Parliamentary Power: Crucially, the power to make laws under Article 33 is conferred exclusively on the Parliament of India. This ensures uniformity across the nation. State legislatures are strictly prohibited from making any laws restricting the rights of state police forces under this article; only the central Parliament can do so.
- Immunity from Judicial Review: To protect military and police discipline, the Constitution explicitly states that any law made by Parliament under Article 33 cannot be challenged in any court of law on the ground that it violates any of the fundamental rights guaranteed by Part III.
- Acts Passed Under Article 33: Exercising this exclusive power, Parliament has enacted several stringent laws, including the Army Act (1950), the Navy Act (1950), the Air Force Act (1950), and the Police Forces (Restriction of Rights) Act (1966). These acts heavily restrict their freedom of speech, the right to form trade unions or political associations, the right to communicate with the press, and the right to attend public meetings.
📌 Fundamental Rights • Polity
Q.15) Article 31B saves the acts and regulations included in which Schedule from being challenged on the ground of contravention of fundamental rights?
Ans > Ninth Schedule
- The First Amendment Context: Article 31B, along with the controversial Ninth Schedule, was added to the Constitution very early on by the 1st Constitutional Amendment Act of 1951 during Jawaharlal Nehru’s tenure. Its primary aim was to protect the newly enacted, massive agrarian and land reform laws from being continuously struck down by the courts.
- The Protective Shield Mechanism: Article 31B acts as a constitutional shield. It explicitly states that none of the acts and regulations placed by Parliament in the Ninth Schedule shall become void on the ground that they are inconsistent with or take away any of the fundamental rights conferred by Part III of the Constitution. It effectively ousted judicial review for those specific laws.
- Wider Scope Than 31A: The scope of Article 31B is significantly wider than Article 31A. While Article 31A protects only five specific categories of laws (mostly related to estates and management), Article 31B protects any law—regardless of its subject matter—once it is formally inserted into the Ninth Schedule.
- The I.R. Coelho Judgment (2007): This blanket immunity changed drastically after the landmark Supreme Court ruling in the I.R. Coelho case (2007). The Court ruled that there is no absolute immunity from judicial review. It held that laws placed in the Ninth Schedule after April 24, 1973 (the date of the Kesavananda Bharati basic structure judgment) are open to challenge if they violate fundamental rights (specifically Articles 14, 15, 19, 21) that form the basic structure of the Constitution.
📌 Preamble • Polity
Q.16) According to the Preamble, economic justice involves:
Ans > The elimination of glaring inequalities in wealth, income, and property
- The Triad of Justice: The Preamble proudly secures to all citizens of India Justice in three distinct forms: social, economic, and political. This specific tripartite ideal of justice was deeply inspired by the Russian Revolution (1917). Together, social and economic justice denote what is termed as ‘distributive justice’.
- Defining Economic Justice: Economic justice strictly denotes the non-discrimination between people on the basis of economic factors or wealth. It aims to prevent the exploitation of the poor by the rich and ensure a fair distribution of national resources.
- Eliminating Inequalities: Crucially, it involves a proactive state effort towards the elimination of glaring, systemic inequalities in wealth, income, and property ownership across different classes of society. It aims to establish a welfare state rather than a purely capitalist one.
- Implementation through DPSP: While the Preamble sets the philosophical goal of economic justice, the actual machinery to achieve it is detailed in Part IV of the Constitution—the Directive Principles of State Policy. Specifically, Articles 39(b) and (c) direct the State to prevent the concentration of wealth and ensure the equitable distribution of material resources for the common good.
📌 Union and its Territory • Polity
Q.17) Under Article 3, before a bill altering state boundaries can be introduced, the President must refer it to the concerned state legislature. Is the President bound by the views of the state legislature?
Ans > No, the President is not bound and may accept or reject them.
- The Power to Redraw Maps: Article 3 heavily authorizes the Central Parliament to form new states, increase or diminish the area of any state, or alter the boundaries or names of existing states. This makes India’s internal political map highly flexible.
- The Two Pre-conditions: The Constitution lays down two strict conditions for introducing such a bill. First, the bill can be introduced in Parliament only with the prior recommendation of the President. Second, before recommending the bill, the President MUST refer it to the legislature of the state(s) concerned for expressing their views within a specified time period.
- Parliamentary Supremacy over States: Crucially, the President (and by extension, the Parliament) is NOT bound by the views of the state legislature. The Parliament may either accept or completely reject the state’s views, even if those views are received on time. The state’s consent is effectively not required for altering its own existence.
- An Indestructible Union of Destructible States: This massive constitutional power proves that India’s federalism is unique. Unlike the USA, which is described as an “indestructible union of indestructible states” (where state borders cannot change without state consent), India is accurately described as an “indestructible union of destructible states.” The Union government can destroy the states, but the states cannot destroy the Union.
📌 Union and its Territory • Polity
Q.18) The States Reorganisation Act of 1956 abolished the four-fold classification of states and created:
Ans > 14 states and 6 union territories
- The Fazl Ali Commission: Following massive linguistic agitations (especially the creation of Andhra state), the Government of India appointed a three-member States Reorganisation Commission in 1953, chaired by Fazl Ali, with K.M. Panikkar and H.N. Kunzru as members. The commission broadly accepted language as the basis of reorganization but strictly rejected the theory of ‘one language, one state’.
- Abolishing the Old System: Based on the commission’s recommendations, the government enacted the States Reorganisation Act (1956) and the 7th Constitutional Amendment Act (1956). These acts completely abolished the original, complex four-fold classification of states (Part A, Part B, Part C, and Part D states) that existed since 1950.
- The New Political Map (1956): In their place, a streamlined new structure consisting of exactly 14 states and 6 union territories was legally created, coming into effect on November 1, 1956.
- The Original 14 States: The 14 states created were: Andhra Pradesh, Assam, Bihar, Bombay, Jammu and Kashmir, Kerala, Madhya Pradesh, Madras, Mysore, Orissa, Punjab, Rajasthan, Uttar Pradesh, and West Bengal. Over subsequent decades, this map was further subdivided based on linguistic and ethnic demands to reach the present number of states.
📌 Union and its Territory • Polity
Q.19) In 1973, the union territory of Laccadive, Minicoy and Amindivi Islands was renamed as:
Ans > Lakshadweep
- Parliament’s Renaming Power: Under Article 3 of the Constitution, the Parliament possesses the exclusive power to alter the name of any state or union territory by passing a simple law with a simple majority. This reflects the flexible nature of India’s internal political geography.
- Historical Renamings: Over time, the names of several states and UTs have been changed to reflect regional sentiments or historical accuracy. For instance, the United Provinces became Uttar Pradesh (1950), Madras became Tamil Nadu (1969), and Mysore became Karnataka (1973).
- The Case of Lakshadweep: In the year 1973, the scattered, coral-island-based union territory formally known as the ‘Laccadive, Minicoy, and Amindivi Islands’ was officially consolidated and renamed as ‘Lakshadweep’ (which translates to “a hundred thousand islands” in Malayalam and Sanskrit).
- Recent Changes: This process of renaming continues into modern times. More recent examples include Uttaranchal being renamed to Uttarakhand in 2006, and Orissa being officially renamed to Odisha in 2011 through an Act of Parliament.
📌 Citizenship • Polity
Q.20) According to the rights conferred on an Overseas Citizen of India (OCI) Cardholder, which of the following is an OCI Cardholder NOT eligible for?
Ans > Registration as a voter in Indian elections
- The OCI Scheme Concept: The Overseas Citizenship of India (OCI) Scheme was introduced by amending the Citizenship Act in 2005 to facilitate the Indian diaspora (Persons of Indian Origin – PIOs). It is crucial to understand that India strictly prohibits dual citizenship under Article 9; OCI is a residency and travel status, not a political citizenship.
- Significant Privileges Granted: An OCI Cardholder enjoys substantial benefits, including a multiple-entry, multi-purpose life-long visa to visit India. They are completely exempted from registration with the Foreign Regional Registration Officer (FRRO) for any length of stay in India. They also enjoy parity with Non-Resident Indians (NRIs) in economic, financial, and educational fields (except acquiring agricultural land).
- Strict Political Restrictions: Because they are technically foreign citizens holding an OCI card, they are constitutionally barred from political participation. Therefore, an OCI cardholder is absolutely NOT eligible to be registered as a voter in Indian elections (under Article 326).
- Constitutional Office Bans: Furthermore, they do not possess the right to equality of opportunity in public employment (Article 16). They are ineligible to contest elections to Parliament or State Legislatures, and they cannot hold high constitutional offices such as the President, Vice-President, or a Judge of the Supreme Court or High Courts.
📌 DPSP • Polity
Q.21) Which Directive Principle is classified under “Liberal-Intellectual Principles” and aims to secure a uniform civil code?
Ans > Article 44
- Classification of Directives: While the Constitution itself does not formally classify the Directive Principles of State Policy (Part IV), political scientists generally group them into three broad categories based on their underlying philosophy: Socialistic, Gandhian, and Liberal-Intellectual principles.
- The Mandate of Article 44: Article 44 falls squarely under the Liberal-Intellectual category, as it represents modern, rational, and secular governance. It directs the State to endeavor to secure for all citizens a Uniform Civil Code (UCC) throughout the entire territory of India.
- What is a UCC?: A Uniform Civil Code implies replacing the various fragmented personal laws (which are based on the scriptures and historical customs of each major religious community) with a single, common set of secular laws governing every citizen in personal matters like marriage, divorce, inheritance, and adoption.
- Current Status in India: Currently, India does not have a nationwide Uniform Civil Code. Different religious communities are governed by their respective personal laws (e.g., Hindu Marriage Act, Muslim Personal Law). Goa remains the only Indian state to have a UCC in the form of the Portuguese Civil Code of 1867, which was retained after its liberation. The Supreme Court has repeatedly reminded the government to implement Article 44 in landmark cases like the Shah Bano case.
📌 DPSP • Polity
Q.22) Article 48 directs the State to organise agriculture and animal husbandry on modern and scientific lines. This is classified as a:
Ans > Liberal-Intellectual Principle
- The Dual Nature of Article 48: Article 48 is uniquely structured and contains two distinct directives within a single article, reflecting different philosophical influences during the Constituent Assembly debates.
- The Liberal-Intellectual Component: The first part of Article 48 directs the State to organize agriculture and animal husbandry on modern and scientific lines. Because this section emphasizes technological advancement, rational resource management, and scientific temper in the rural economy, it is classified under the Liberal-Intellectual principles. This supported initiatives like the Green Revolution.
- The Gandhian Component: The second part of the same article directs the State to take steps for preserving and improving breeds, and heavily prohibits the slaughter of cows, calves, and other milch and draught cattle. This specific prohibition reflects deeply held traditional values and Gandhi’s economic vision for rural India, hence this part is often seen as having a strong Gandhian influence.
- Overall Economic Vision: Overall, Article 48 represents a constitutional compromise, blending the urgent need for modern, scientific agrarian reform with the deeply rooted traditional socio-religious and economic sentiments regarding cattle wealth in rural India.
📌 DPSP • Polity
Q.23) While Directive Principles are non-justiciable, the real force (sanction) behind them is:
Ans > Political, that is, public opinion
- The Concept of Non-Justiciability: Article 37 of the Constitution explicitly declares that the Directive Principles of State Policy (Part IV) are non-justiciable. This means they are not legally enforceable by the courts for their violation; a citizen cannot sue the government for failing to implement a directive principle.
- Fundamental in Governance: Despite being non-justiciable, Article 37 simultaneously states 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. They act as moral and political guidelines for the legislature and executive.
- The Ultimate Political Sanction: Since they lack legal force, the real sanction or driving force behind the implementation of DPSP is entirely political, specifically public opinion. In a vibrant democracy, the ultimate judge is the electorate.
- Ambedkar’s Warning: Dr. B.R. Ambedkar famously clarified this by stating: “A government which rests on popular vote can hardly ignore the Directive Principles… If any government ignores them, they will certainly have to answer for that before the electorate at election time.” Thus, the fear of losing an election serves as the true sanction.
📌 DPSP • Polity
Q.24) Which Article (outside Part IV) directs that the claims of the members of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration in making appointments to services?
Ans > Article 335
- Directives Beyond Part IV: While the primary cluster of directives is located in Part IV (Articles 36-51), the framers of the Constitution embedded a few other crucial constitutional directives addressed to the State in other parts of the document. These are equally fundamental in governance.
- The Mandate of Article 335: Article 335, located in Part XVI (Special provisions relating to certain classes), explicitly directs that the claims of the members of the Scheduled Castes (SCs) and the Scheduled Tribes (STs) shall be taken into consideration in making appointments to services and posts in connection with the affairs of the Union or of a State.
- Balancing Efficiency with Equity: Crucially, Article 335 includes a modifying clause: this consideration must be done “consistently with the maintenance of efficiency of administration.” It attempts to strike a balance between providing affirmative action (reservations) and maintaining bureaucratic competence.
- The 82nd Amendment Modification: To protect reservation policies in promotions, the 82nd Amendment Act (2000) added a proviso to Article 335. This proviso allowed the government to make provisions for relaxing qualifying marks or lowering the standards of evaluation for SCs and STs in matters of promotion, legally overriding earlier strict interpretations of “efficiency”.
📌 DPSP • Polity
Q.25) Which Article (outside Part IV) states that it shall be the duty of the Union to promote the spread and development of the Hindi language?
Ans > Article 351
- Language and National Integration: The Constituent Assembly faced intense, divisive debates regarding the national language. To foster national integration without imposing linguistic imperialism, they embedded specific directives regarding the official language in Part XVII of the Constitution.
- The Mandate of Article 351: Article 351 is a vital directive principle located outside Part IV. It makes it an explicit constitutional duty of the Union Government to aggressively promote the spread of the Hindi language and to develop it systematically.
- Developing a Composite Culture: The article specifies that Hindi should be developed so that it may serve as a comprehensive medium of expression for all the diverse elements of the composite culture of India. It shouldn’t just be the regional language of the north, but an inclusive national link language.
- Sanskrit as the Primary Source: Interestingly, Article 351 also gives precise linguistic directions for this development. It directs the Union to secure the enrichment of Hindi by drawing its vocabulary primarily from Sanskrit, and only secondarily from other recognized Indian languages listed in the Eighth Schedule.
📌 Fundamental Rights • Polity
Q.26) According to the Child Labour (Prohibition and Regulation) Amendment Act of 2016, the Principal Act of 1986 was renamed as the:
Ans > Child and Adolescent Labour (Prohibition and Regulation) Act, 1986
- Constitutional Prohibition: Article 24 of the Indian Constitution, under the Right against Exploitation, lays down a strict fundamental right prohibiting the employment of children below the age of 14 years in any factory, mine, or other inherently hazardous activities.
- The 1986 Principal Act: To enforce this constitutional mandate, the Parliament originally enacted the Child Labour (Prohibition and Regulation) Act in 1986. However, this older act only banned child labor in certain specified hazardous industries, allowing it in non-hazardous ones.
- The Massive 2016 Overhaul: The government introduced a major paradigm shift with the Amendment Act of 2016. This amendment completely banned the employment of children below 14 years in ALL occupations and processes, without exception (save for helping in non-hazardous family enterprises strictly after school hours).
- Introduction of ‘Adolescent’ Category: Crucially, the 2016 amendment created a new legal category called “Adolescent” (individuals aged between 14 and 18 years). It strictly prohibited the employment of adolescents in any hazardous occupations or processes. To reflect this massive expansion in scope, the principal act was officially renamed to the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, heavily aligning it with the Right to Education Act (Article 21A).
📌 Fundamental Rights • Polity
Q.27) The Supreme Court has ruled that a religious denomination (under Article 26) must satisfy three conditions. Which of the following is NOT one of those conditions?
Ans > It must have existed for at least 100 years
- Collective Freedom of Religion: While Article 25 guarantees the individual right to freedom of religion, Article 26 protects the collective right. It grants every “religious denomination” or any of its sections the right to establish institutions, manage its own affairs in matters of religion, and acquire property, subject to public order, morality, and health.
- The Need for Definition: Since the Constitution does not explicitly define what constitutes a “religious denomination”, the Supreme Court had to lay down specific legal criteria to prevent every minor sect or group from claiming these broad institutional rights.
- The Three Essential Conditions: In the landmark Shirur Mutt case, the Supreme Court ruled that a religious denomination must satisfy three strict conditions: 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 must have a common organization. 3) It must be designated by a distinctive name.
- Age is Irrelevant: The Supreme Court explicitly did NOT set any historical time limit or duration of existence (such as 100 years) as a condition. For example, modern organizations like the Ramakrishna Mission and Anand Marga have successfully met these three criteria and are legally recognized as religious denominations within the Hindu religion.
📌 Fundamental Rights • Polity
Q.28) Article 28 prohibits religious instruction in educational institutions wholly maintained out of State funds. However, religious instruction IS permitted on a voluntary basis in institutions:
Ans > Recognised by the State or receiving aid out of State funds
- Maintaining Educational Secularism: Article 28 is designed to ensure that taxpayers’ money is not utilized to promote any specific religion through the education system, thus maintaining the strictly secular character of the Indian State.
- The Four Institutional Categories: To apply this rule practically, Article 28 distinguishes between four specific types of educational institutions. 1) Institutions wholly maintained by the State. 2) Institutions administered by the State but established under an endowment or trust. 3) Institutions recognised by the State. 4) Institutions receiving financial aid from the State.
- Complete Prohibition vs. Trust Exceptions: In the first category (wholly state-maintained, like government schools), religious instruction is completely and absolutely prohibited. However, in the second category (administered by the state but set up by a private trust that mandates religious teaching), religious instruction is permitted to honor the original trust deed.
- Voluntary Instruction (Categories 3 & 4): For institutions that are merely recognised by the State or receive partial aid out of State funds (categories 3 and 4), religious instruction is permitted. However, it is strictly on a voluntary basis. No person attending these institutions can be compelled to take part in any religious instruction or attend religious worship without their explicit consent (or the consent of their guardian if they are a minor).
📌 DPSP • Polity
Q.29) To protect monuments, places, and objects of national importance, the Parliament enacted which of the following Acts?
Ans > The Ancient and Historical Monument and Archaeological Sites and Remains Act (1951)
- The Constitutional Mandate (Article 49): Article 49 of the Directive Principles places a fundamental obligation on the State to protect every monument, place, or object of artistic or historic interest that has been officially declared by Parliament to be of national importance. It mandates protection from spoliation, disfigurement, destruction, removal, disposal, or export.
- Classification of the Directive: Because this directive focuses on the preservation of national heritage, history, and scientific archaeology rather than socialist or purely Gandhian economics, it is classified under the Liberal-Intellectual principles of the DPSP.
- Legislative Implementation: Since Directive Principles require enabling legislation to become enforceable laws, the Parliament enacted “The Ancient and Historical Monument and Archaeological Sites and Remains Act” in 1951 to give concrete legal effect to Article 49.
- Role of the ASI: This Act (and its subsequent comprehensive 1958 version) provides the legal framework that empowers bodies like the Archaeological Survey of India (ASI) to formally declare monuments as “nationally important”, take over their physical maintenance, regulate construction activities in their vicinity, and criminally prosecute those who damage or vandalize India’s ancient heritage.
📌 DPSP • Polity
Q.30) The Khadi and Village Industries Board and the Handloom Board were established by the government to fulfill the Directive Principle aimed at developing cottage industries. This relates to which Article?
Ans > Article 43
- The Gandhian Economic Vision: Mahatma Gandhi was a fierce advocate for a decentralized rural economy, heavily emphasizing village-level self-sufficiency and self-employment over massive, centralized, Western-style industrialization which he feared would lead to mass rural unemployment.
- Enshrining the Vision in Article 43: To honor this philosophy, the framers included Article 43 in the Directive Principles. Specifically, the latter part of Article 43 directs the State to actively endeavor to promote cottage industries on an individual or co-operative basis in rural areas.
- Institutional Implementations: The government has taken massive steps to implement this specific Gandhian directive over the decades. The establishment of various specialized apex bodies—such as the Khadi and Village Industries Commission (KVIC), the All India Handloom Board, the All India Handicrafts Board, the Coir Board, and the Central Silk Board—are direct results of the mandate in Article 43.
- Socio-Economic Goal: By heavily funding and organizing these cottage industries, the State aims to provide subsidiary employment, secure a living wage, and ensure a decent standard of life for rural artisans and farmers, thereby attempting to curb the massive, forced migration of the rural poor to urban slums.
📌 Quick Summary — Polity Set 10
- Regulating Act 1773: Created a 4-member Executive Council.
- Councils Act 1892: Avoided the word ‘Election’, used ‘nomination’ instead.
- Councils Act 1909: Central Legislative Council increased from 16 to 60 members.
- Simon Commission: Appointed in 1927, had exactly Seven British members.
- Objectives Resolution: Adopted on Jan 22, 1947; formed basis for Preamble.
- Constitutional Advisor: Sir B.N. Rau guided the Constituent Assembly.
- House Committee: B. Pattabhi Sitaramayya served as the Chairman.
- Freedom of Trade: Borrowed directly from the Australian Constitution.
- Liberty, Equality, Republic: Principles adopted from the French Constitution.
- Article 30 Amendment: 44th Amendment protected minority property rights.
- Certiorari Writ: Translates to “to be certified or to be informed”.
- Quo-Warranto Writ: Can be filed by any interested person, not just aggrieved.
- Martial Law: Specifically suspends only Fundamental Rights in its operational area.
- Armed Forces (Art 33): Only Parliament can restrict their fundamental rights.
- Article 31B: Saves laws from judicial review by placing them in the 9th Schedule.
- Economic Justice: Means eliminating glaring wealth and income inequalities.
- Article 3 State Borders: President is NOT bound by the state legislature’s views.
- States Reorganisation 1956: Established 14 states and 6 union territories.
- UT Renaming: Laccadive group was renamed to Lakshadweep in 1973.
- OCI Restrictions: OCI cardholders cannot register as voters in Indian elections.
- Uniform Civil Code: Mandated by Article 44 under Liberal-Intellectual DPSP.
- Agriculture (Art 48): Categorized as a Liberal-Intellectual Principle.
- DPSP Sanction: Driven by political forces and public opinion, not courts.
- Article 335: Mandates consideration of SC/ST claims in public services.
- Article 351: Union’s duty to promote and spread the Hindi language.
- Child Labour Act: Renamed in 2016 to include ‘Adolescent’ labor prohibition.
- Article 26 Denominations: Do NOT require 100-year historical existence.
- Article 28 Religion: Permitted voluntarily in State-recognised/aided schools.
- Heritage Protection: 1951 Act fulfills Article 49 of protecting monuments.
- Cottage Industries: Khadi and Handloom boards fulfill Article 43 (Gandhian).
Timer ⏳
15:00
Progress (0/30)
Click any card to flip and reveal the summarized answer!
Smart Review: Questions you got wrong appear here for focused study.