Polity Set 3 | MROY Class

Polity Set 3 – Questions & Answers

Part II of the Indian Constitution deals with citizenship from: – Articles 5 to 11
The Citizenship Act of 1955 prescribes how many ways of acquiring citizenship? – Five
Which of the following is NOT a way of losing Indian citizenship under the Citizenship Act (1955)? – Deportation
According to the Citizenship (Amendment) Act, 2015, an OCI Cardholder is NOT entitled to: – The right to equality of opportunity in matters of public employment
Which part of the Constitution is rightly described as the Magna Carta of India? – Part III
Which Fundamental Right was deleted from the list of Fundamental Rights by the 44th Amendment Act of 1978? – Right to property
Which Fundamental Rights cannot be suspended during the operation of a National Emergency? – Articles 20 and 21
The concept of “equality before law” is of which origin? – British
Which Article abolishes ‘untouchability’ and forbids its practice in any form? – Article 17
In which case did the Supreme Court examine the scope of Article 16(4) regarding the reservation of jobs? – Mandal case (1992)
How many rights are currently protected under Article 19? – Six
The protection against double jeopardy is granted under which Article? – Article 20
Which Article declares that the State shall provide free and compulsory education? – Article 21A
The writ of “Habeas Corpus” literally means: – To have the body of
Which writ is issued by the court to enquire into the legality of a claim of a person to a public office? – Quo-Warranto
Who called Article 32 “the very soul of the Constitution and the very heart of it”? – Dr. B.R. Ambedkar
Which Article empowers Parliament to restrict or abrogate the fundamental rights of the members of armed forces? – Article 33
The Directive Principles of State Policy are enumerated in which Part of the Constitution? – Part IV
The framers of the Constitution borrowed the idea of Directive Principles from the: – Irish Constitution of 1937
Which Directive Principle requires the State to organise village panchayats? – Article 40
Article 44 directs the state to secure for all citizens: – A uniform civil code
Which of the following is NOT one of the new Directive Principles added by the 42nd Amendment Act of 1976? – To minimise inequalities in income, status, facilities and opportunities (Article 38)
Which amendment added a new Directive Principle relating to cooperative societies (Article 43B)? – 97th Amendment Act of 2011
Who compared the Directive Principles with ‘a cheque on a bank’? – K.T. Shah
Which Article provides that no person shall be deprived of his property save by authority of law? – Article 300-A
The Ninth Schedule was added to the Constitution to protect certain laws from judicial scrutiny by which Amendment? – 1st Amendment Act (1951)
In the Champakam Dorairajan case (1951), the Supreme Court ruled that in case of a conflict: – Fundamental Rights would prevail
Article 50 directs the state to: – Separate the judiciary from the executive in the public services
Which Part of the Constitution contains the Directive requiring instruction in the mother-tongue at the primary stage? – Part XVII
Which Act was comprehensively amended in 1976 and renamed as the Protection of Civil Rights Act, 1955? – Untouchability (Offences) Act, 1955

MROY Class

Polity Set 3

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📌 Constitution • Citizenship

Q.1) Part II of the Indian Constitution deals with citizenship from:

Ans > Articles 5 to 11

Constitutional Framework: Part II of the Indian Constitution, comprising Articles 5 to 11, provides the foundational framework for Indian citizenship. However, it only deals with the citizenship status of individuals at the exact time of the commencement of the Constitution on January 26, 1950.
Specific Article Provisions: Article 5 grants citizenship based on domicile and birth. Article 6 and Article 7 specifically address the massive demographic shifts during the Partition, detailing citizenship for migrants from Pakistan and those who migrated to Pakistan but later returned. Article 8 caters to persons of Indian origin residing outside India.
Single Citizenship Principle: Unlike the United States, the Indian Constitution established the principle of single citizenship for the entire country, meaning there is no separate state citizenship. This was done to foster a strong sense of national unity and fraternity among the diverse Indian population.
Parliamentary Authority: Article 11 is arguably the most crucial, as it explicitly empowers the Parliament to make any provision with respect to the acquisition and termination of citizenship, overriding other articles. This led to the enactment of the Citizenship Act in 1955.

📌 Citizenship • Act

Q.2) The Citizenship Act of 1955 prescribes how many ways of acquiring citizenship?

Ans > Five

Legislative Background: Exercising the absolute power granted by Article 11 of the Constitution, the Indian Parliament enacted the Citizenship Act of 1955. This act is the primary legislation that comprehensively governs the acquisition and loss of Indian citizenship subsequent to the Constitution’s commencement.
Acquisition by Birth and Descent: The act originally provided citizenship by birth (jus soli) to anyone born in India on or after January 26, 1950. It also allows citizenship by descent (jus sanguinis) for those born outside India if their father was an Indian citizen, a provision later made gender-neutral to include mothers.
Registration and Naturalisation: Citizenship by registration is available for persons of Indian origin or those married to Indian citizens who meet specific residency requirements. Naturalisation is for foreigners who have resided in India for a prolonged period (generally 12 years) and possess good character and knowledge of an Eighth Schedule language.
Incorporation of Territory: If any foreign territory becomes a part of India, the Government of India has the power to specify the persons of that territory who shall become citizens of India. For example, when Pondicherry was incorporated, the Citizenship (Pondicherry) Order, 1962, was issued.

📌 Citizenship • Act

Q.3) Which of the following is NOT a way of losing Indian citizenship under the Citizenship Act (1955)?

Ans > Deportation

Statutory Mechanisms for Loss: The Citizenship Act of 1955 clearly outlines three distinct legal methods through which an individual can lose their Indian citizenship: Renunciation, Termination, and Deprivation. The Constitution itself does not detail the loss of citizenship post-1950.
Voluntary Renunciation and Automatic Termination: Renunciation occurs when an Indian citizen of full age and capacity makes a voluntary, formal declaration to give up their citizenship. Termination happens automatically by operation of law; if an Indian citizen voluntarily acquires the citizenship of another country, their Indian citizenship ceases to exist immediately, enforcing the single citizenship rule.
Compulsory Deprivation: Deprivation is a compulsory termination initiated by the Central Government. This extreme step is taken if citizenship was acquired by fraud, false representation, or concealment of material facts. It can also happen if the citizen has shown disloyalty to the Constitution, communicated with an enemy during war, or been imprisoned abroad for two years within five years of naturalisation.
Deportation is Not Loss of Citizenship: Deportation is an executive action involving the expulsion of a foreign national or illegal immigrant from Indian territory. It is not a legal mechanism to strip an existing Indian citizen of their citizenship status under the 1955 Act.

📌 Citizenship • OCI

Q.4) According to the Citizenship (Amendment) Act, 2015, an Overseas Citizen of India (OCI) Cardholder is NOT entitled to:

Ans > The right to equality of opportunity in matters of public employment

Introduction of OCI Scheme: The Overseas Citizen of India (OCI) scheme was introduced by amending the Citizenship Act in 2005 to fulfill the demands of the Indian diaspora for dual citizenship, which the Constitution strictly prohibits. It offers a lifelong visa and various economic benefits.
Rights Not Granted: Despite the name, OCI is not dual citizenship. OCI cardholders do not have voting rights (franchise), cannot contest elections for President, Vice-President, Lok Sabha, Rajya Sabha, or State Legislatures, and cannot hold constitutional posts like Supreme Court or High Court Judges.
Public Employment Restrictions: A major restriction for OCI cardholders is that they are expressly denied the fundamental right to equality of opportunity in matters of public employment under Article 16. They cannot be appointed to public services or posts in connection with the affairs of the Union or any State.
Agricultural Property Restrictions: While OCI cardholders enjoy parity with Non-Resident Indians (NRIs) in many economic, financial, and educational fields, they are strictly prohibited from acquiring agricultural land or plantation properties in India. They can, however, inherit such properties.

📌 Fundamental Rights • Constitution

Q.5) Which part of the Constitution is rightly described as the Magna Carta of India?

Ans > Part III

Historical Context of Magna Carta: The Magna Carta, issued by King John of England in 1215, was the first written document relating to the fundamental rights of citizens. It established the principle that everyone is subject to the law, including the king, marking the birth of civil liberties.
India’s Magna Carta: Part III of the Indian Constitution, containing Articles 12 to 35, is rightfully described as the Magna Carta of India. It contains a very long and comprehensive list of ‘justiciable’ Fundamental Rights, which are legally enforceable by the courts against the State.
Protection Against State Arbitrariness: These rights operate as limitations on the tyranny of the executive and arbitrary laws of the legislature. They aim to establish ‘a government of laws and not of men’, safeguarding individual liberty and dignity against state overreach.
Inspiration and Modification: The framers derived inspiration from the Constitution of USA (Bill of Rights). However, the Fundamental Rights in the Indian Constitution are much more elaborate than those found in the Constitution of any other country in the world, including the USA, balancing individual rights with social control.

📌 Fundamental Rights • Amendments

Q.6) Which Fundamental Right was deleted from the list of Fundamental Rights by the 44th Amendment Act of 1978?

Ans > Right to property

Original Constitutional Status: Originally, the right to property was one of the seven Fundamental Rights under Part III of the Constitution. It was guaranteed under Article 19(1)(f) (right to acquire, hold and dispose of property) and Article 31 (protection against deprivation of property).
Conflict with Socio-Economic Goals: From the very beginning, the Right to Property proved to be the most controversial fundamental right. It caused continuous confrontation between the Supreme Court and Parliament, as it stood as a massive roadblock to state-sponsored agrarian reforms, abolition of the Zamindari system, and nationalisation efforts.
The 44th Amendment Act (1978): To resolve this constant friction, the Morarji Desai-led Janata Party government enacted the 44th Constitutional Amendment Act in 1978. This landmark amendment formally deleted Article 19(1)(f) and Article 31 from the list of Fundamental Rights.
Current Legal Status: The right to property was not abolished entirely; instead, it was relocated. It was inserted as a new Article 300-A in Part XII under the heading ‘Right to Property’. It states that no person shall be deprived of his property save by authority of law. It is now a constitutional and legal right, but not a Fundamental Right.

📌 Fundamental Rights • Emergency

Q.7) Which Fundamental Rights cannot be suspended during the operation of a National Emergency?

Ans > Articles 20 and 21

Impact of National Emergency: During a National Emergency declared under Article 352, the fundamental rights of citizens can be heavily restricted. Historically, during the 1975 emergency, the enforcement of all fundamental rights, including the right to life, was suspended, leading to widespread misuse of state power.
The 44th Amendment Safeguard: To prevent the recurrence of such severe human rights violations, the 44th Amendment Act of 1978 introduced a crucial safeguard. It amended Article 359 to explicitly state that the President cannot suspend the right to move the court for the enforcement of fundamental rights guaranteed by Articles 20 and 21.
Article 20 (Protection in Conviction): Article 20 grants protection against arbitrary and excessive punishment to an accused person. It includes protection against ex-post-facto laws (retrospective criminal legislation), double jeopardy (being punished twice for the same offense), and self-incrimination (being forced to testify against oneself).
Article 21 (Right to Life): Article 21 declares that no person shall be deprived of his life or personal liberty except according to the procedure established by law. By making Articles 20 and 21 non-suspendable, the Constitution ensures that basic human survival and legal fairness are maintained even during the gravest national crises.

📌 Fundamental Rights • Article 14

Q.8) Article 14 provides for “equality before law and equal protection of laws.” The concept of “equality before law” is of which origin?

Ans > British

Two Concepts of Equality: Article 14 of the Indian Constitution states that “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.” This profound article beautifully amalgamates two distinct legal concepts from different democracies.
Equality Before Law (British Origin): The concept of “equality before law” is derived from English common law and heavily relies on A.V. Dicey’s concept of the “Rule of Law.” It is a somewhat negative concept, implying the absence of any special privileges in favor of any individual and the equal subjection of all classes to the ordinary law of the land administered by ordinary law courts.
Equal Protection of Laws (American Origin): The phrase “equal protection of laws” is directly borrowed from Section 1 of the 14th Amendment of the US Constitution. It is a positive concept, meaning the equality of treatment under equal circumstances, both in the privileges conferred and liabilities imposed by the laws. It allows the State to classify people logically for affirmative action.
Exceptions to the Rule: While Article 14 guarantees equality, it is not absolute. The Constitution itself provides several exceptions. For example, the President of India and state Governors enjoy absolute immunity from criminal proceedings during their term of office (Article 361), and foreign diplomats enjoy diplomatic immunity from domestic legal jurisdiction.

📌 Fundamental Rights • Article 17

Q.9) Which Article abolishes ‘untouchability’ and forbids its practice in any form?

Ans > Article 17

Absolute and Unqualified Right: Article 17 is unique in the Indian Constitution because it is absolute in nature. It unconditionally abolishes “untouchability” and forbids its practice in any form whatsoever. Unlike many other fundamental rights, it does not have any exception or reasonable restriction attached to it.
Enforcement Against Private Individuals: While most Fundamental Rights are primarily constitutional limitations directed against the arbitrary actions of the State, Article 17 is available against private individuals as well. It imposes a constitutional obligation on the State to take necessary legislative action to ensure that this right is not violated by ordinary citizens.
Legislative Backing: To give teeth to Article 17, Parliament enacted the Untouchability (Offences) Act in 1955. Finding the penal provisions inadequate, it was comprehensively amended in 1976 and aggressively renamed the Protection of Civil Rights Act, 1955. This act defines the punishments for offenses arising out of untouchability.
Defining Untouchability: Interestingly, neither the Constitution nor the Act defines the term “untouchability.” However, the Mysore High Court clarified that the subject matter of Article 17 is not untouchability in its literal or grammatical sense (like temporary isolation for medical reasons) but the historical social practice as it had developed historically in the country based on caste birth.

📌 Fundamental Rights • Judgements

Q.10) In which case did the Supreme Court examine the scope of Article 16(4) regarding the reservation of jobs in favour of backward classes?

Ans > Mandal case (1992)

Context of Article 16(4): Article 16 provides for equality of opportunity for all citizens in matters relating to employment to any office under the State. However, Article 16(4) acts as a specific exception, empowering the State to make provisions for the reservation of appointments in favor of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services.
The Mandal Commission: The Second Backward Classes Commission, famously known as the Mandal Commission, was appointed in 1979. It identified 3743 castes as socially and educationally backward and recommended a 27% reservation in government jobs for Other Backward Classes (OBCs), which was implemented by the V.P. Singh government in 1990.
Indra Sawhney Judgement (1992): The implementation led to massive protests and legal challenges, culminating in the historic Indra Sawhney vs Union of India case (1992), popularly called the Mandal case. A 9-judge bench of the Supreme Court examined the scope and extent of Article 16(4) in profound detail.
Key Rulings of the Supreme Court: The Court upheld the constitutional validity of the 27% reservation for OBCs. However, it placed crucial constraints: it directed the exclusion of the “creamy layer” (advanced sections among OBCs) from reservation benefits, categorically ruled out reservations in promotions, and firmly established that total reservations should not exceed the 50% quota limit under any normal circumstances.

📌 Fundamental Rights • Article 19

Q.11) Article 19 originally contained seven rights. How many are currently protected under Article 19?

Ans > Six

The Foundation of Liberty: Article 19 is considered the core of individual liberty in India. It guarantees fundamental democratic freedoms exclusively to Indian citizens (and not to foreigners or legal entities like corporations). These rights are the bedrock of a functioning, participatory democracy.
Original vs. Current Structure: At the time of the Constitution’s commencement, Article 19 contained a package of seven rights. However, the right to acquire, hold, and dispose of property [Article 19(1)(f)] was deleted by the 44th Amendment Act in 1978. Today, Article 19 protects exactly six specific freedoms.
The Six Protected Freedoms: The current six rights are: (a) Right to freedom of speech and expression; (b) Right to assemble peaceably and without arms; (c) Right to form associations, unions, or cooperative societies; (d) Right to move freely throughout the territory of India; (e) Right to reside and settle in any part of India; and (g) Right to practice any profession, or to carry on any occupation, trade, or business.
Reasonable Restrictions: None of these six freedoms are absolute. The Constitution empowers the State to impose ‘reasonable restrictions’ on the exercise of these rights under specific grounds mentioned in Articles 19(2) to 19(6), such as the sovereignty and integrity of India, security of the state, public order, decency, or morality.

📌 Fundamental Rights • Article 20

Q.12) The protection against double jeopardy is granted under which Article?

Ans > Article 20

Protection for the Accused: Article 20 provides highly crucial protections to arbitrary and excessive punishment for any individual—whether a citizen, a foreigner, or a legal person like a company—who is accused of committing a criminal offense. It contains three distinct and vital constitutional safeguards.
No Ex-Post-Facto Law: Article 20(1) prohibits ex-post-facto laws. This means a person cannot be convicted for an act that was not legally an offense at the time it was committed, nor can they be subjected to a penalty greater than what was prescribed by the law at the time of the commission of the act. This applies only to criminal laws, not civil or tax laws.
Protection Against Double Jeopardy: Article 20(2) contains the rule against double jeopardy, stating that “no person shall be prosecuted and punished for the same offence more than once.” This protection is strictly available only in proceedings before a court of law or a judicial tribunal. It does not apply to departmental or disciplinary administrative proceedings.
No Self-Incrimination: Article 20(3) protects against self-incrimination, declaring that no person accused of any offense shall be compelled to be a witness against himself. This protects individuals from being physically or psychologically forced to make confessions or statements that could lead to their own criminal conviction.

📌 Fundamental Rights • Article 21A

Q.13) Which Article declares that the State shall provide free and compulsory education to all children of the age of six to fourteen years?

Ans > Article 21A

Elevation to a Fundamental Right: Originally, the provision for free and compulsory education was housed under Article 45 in Part IV as a Directive Principle of State Policy. Being non-justiciable, it lacked legal teeth. Recognizing education as vital for democracy, the 86th Constitutional Amendment Act of 2002 elevated it to a Fundamental Right by inserting Article 21A.
Specific Demographic Target: Article 21A explicitly states that “The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.” This specifically targets elementary education and does not constitutionally guarantee free higher education or professional degrees.
Legislative Implementation (RTE Act): To operationalize the mandate of Article 21A, the Parliament enacted the Right of Children to Free and Compulsory Education (RTE) Act in 2009. This act provides the comprehensive legal framework, outlining the responsibilities of the central and state governments, teachers, and parents in ensuring quality elementary education.
Companion Amendments: The 86th Amendment was comprehensive. Along with adding Article 21A, it changed the subject matter of Article 45 (directing the state to provide early childhood care for children up to 6 years) and added a new Fundamental Duty under Article 51A(k), obligating parents or guardians to provide educational opportunities to their children between the ages of 6 and 14.

📌 Fundamental Rights • Writs

Q.14) The writ of “Habeas Corpus” literally means:

Ans > To have the body of

The Concept and Meaning: ‘Habeas Corpus’ is a Latin phrase that literally translates to “you may have the body” or “to have the body of.” It is one of the most powerful and ancient prerogative writs known to common law, serving as the ultimate constitutional shield for individual liberty against illegal confinement.
Mechanism of Action: When this writ is filed, the Supreme Court (under Article 32) or a High Court (under Article 226) issues a strict legal order commanding the person or authority who has detained another individual to physically produce the detained person before the court.
Judicial Scrutiny of Detention: Once the detainee is produced, the court meticulously examines the legal grounds and justification for the detention. If the court determines that the detention is arbitrary, lacks legal authority, or violates fundamental rights, it immediately orders the unconditional release of the detained person, thereby setting them free.
Scope of Application: The writ of Habeas Corpus is unique because it can be issued against both public authorities (police, state agencies) and private individuals (illegal confinement by gangs or family members). However, it cannot be issued if the detention is lawful (e.g., judicial remand), the proceeding is for contempt of court, or the detention is outside the court’s territorial jurisdiction.

📌 Fundamental Rights • Writs

Q.15) Which writ is issued by the court to enquire into the legality of a claim of a person to a public office?

Ans > Quo-Warranto

Meaning of the Writ: The term ‘Quo-Warranto’ literally translates from Latin to “by what authority or warrant.” It is a specialized judicial writ issued by the higher courts (Supreme Court and High Courts) directly aimed at regulating the holding of public offices in the country.
Purpose and Function: The primary objective of this writ is to enquire into the absolute legality of a person’s claim to a specific public office. It is designed to prevent the illegal usurpation or holding of a public office by a person who is not legally entitled or qualified to hold that position.
Conditions for Issuance: The court can only issue Quo-Warranto if three strict conditions are met: the office in question must be a substantive public office of a permanent character created by a statute or by the Constitution itself; the duties of the office must be of a public nature; and there must be a clear contravention of the law in the appointment to that office.
Broad Legal Standing (Locus Standi): Unlike the writ of Mandamus or Certiorari, where only the aggrieved person can approach the court, the writ of Quo-Warranto has a broader locus standi. Any interested individual, even if they are not personally aggrieved or claiming the office themselves, can seek this writ to ensure that public offices are held only by lawful authority.

📌 Fundamental Rights • Article 32

Q.16) Article 32 confers the right to remedies for the enforcement of fundamental rights. Who called Article 32 “the very soul of the Constitution and the very heart of it”?

Ans > Dr. B.R. Ambedkar

The Right to Constitutional Remedies: Article 32 is uniquely placed in Part III because it is a Fundamental Right that guarantees the enforcement of all other Fundamental Rights. It gives citizens the right to directly approach the Supreme Court of India if their fundamental rights are violated by state action.
Dr. Ambedkar’s Assessment: During the Constituent Assembly debates, the chief architect of the Constitution, Dr. B.R. Ambedkar, highlighted the supreme importance of this article. He famously stated, “If I was asked to name any particular article in this Constitution as the most important… I could not point to any other article than this one. It is the very soul of the Constitution and the very heart of it.”
Supreme Court as the Defender: By virtue of Article 32, the Constitution constitutes the Supreme Court as the primary defender and absolute guarantor of the fundamental rights of the citizens. The Supreme Court has the original (citizens can go directly, not by way of appeal) and wide powers to issue directions, orders, or prerogative writs (habeas corpus, mandamus, prohibition, certiorari, and quo-warranto).
Basic Structure Doctrine: The Supreme Court has unequivocally ruled that Article 32 is a highly integral part of the “basic structure” of the Indian Constitution. This profound legal status means that the right to constitutional remedies under Article 32 cannot be abridged, suspended, or completely taken away even by a constitutional amendment enacted by the Parliament.

📌 Fundamental Rights • Armed Forces

Q.17) Which Article empowers Parliament to restrict or abrogate the fundamental rights of the members of armed forces?

Ans > Article 33

Balancing Rights and Discipline: Article 33 represents a crucial constitutional compromise between fundamental individual rights and the paramount necessity of national security. It explicitly empowers the Parliament to restrict or completely abrogate the fundamental rights of the members of the armed forces and related services.
Objective of the Restriction: The primary constitutional objective behind granting this sweeping power to Parliament is to ensure the proper, uninterrupted discharge of their duties and the maintenance of absolute discipline among the forces. Operational effectiveness in the military heavily relies on a chain of command that cannot be subjected to routine fundamental right challenges.
Scope of Application: The power under Article 33 is not limited strictly to combat personnel of the Army, Navy, and Air Force. It extends broadly to members of paramilitary forces, police forces, intelligence agencies (like RAW and IB), and even non-combatant employees of the armed forces (such as barbers, carpenters, mechanics, cooks, and tailors working in military bases).
Parliamentary Exclusivity: A key feature of Article 33 is that the power to make laws restricting these rights is vested exclusively in the Union Parliament, and not in any State Legislature. Using this power, Parliament has enacted stringent laws like the Army Act (1950), the Navy Act (1957), and the Police Forces (Restriction of Rights) Act, 1966, which restrict rights such as freedom of speech, forming trade unions, and political association.

📌 DPSP • Constitution

Q.18) The Directive Principles of State Policy are enumerated in which Part of the Constitution?

Ans > Part IV

The Framework of State Policy: The Directive Principles of State Policy (DPSP) are systematically enumerated in Part IV of the Indian Constitution, spanning from Article 36 to Article 51. They constitute a comprehensive economic, social, and political program for a modern democratic State.
Ideals and Guidelines: These principles are essentially broad guidelines or instructions given by the Constitution to both the Union and State legislatures and executives. The state is morally and constitutionally obligated to keep these principles in mind while formulating policies, drafting laws, and executing administrative actions.
Concept of a Welfare State: The primary objective of the DPSP is to transition India from a mere “police state” (focused mostly on maintaining law and order, a legacy of the colonial era) to a true “welfare state.” They aim to realize the high ideals of justice, liberty, equality, and fraternity outlined in the Preamble.
Non-Justiciable Nature: Unlike Fundamental Rights, the Directive Principles are non-justiciable in nature (Article 37). This means they are not legally enforceable by the courts for their violation. A citizen cannot sue the government simply because a directive principle has not been implemented. However, the Constitution itself declares that these principles are “fundamental in the governance of the country.”

📌 DPSP • Sources

Q.19) The framers of the Constitution borrowed the idea of Directive Principles from the:

Ans > Irish Constitution of 1937

Constitutional Borrowing: The framers of the Indian Constitution actively studied various global constitutions to adopt best practices. The entire concept of having a dedicated section for “Directive Principles of State Policy” was prominently borrowed from the Irish Constitution of 1937.
The Spanish Connection: Interestingly, the Irish themselves had not originated the concept. They had copied the idea of laying out social and economic guidelines for the state from the Spanish Constitution. Thus, the intellectual lineage of India’s DPSP traces back from India, through Ireland, to Spain.
Influence of the 1935 Act: While the conceptual framing came from Ireland, the structural predecessor of the DPSP in Indian constitutional history was the “Instrument of Instructions.” These were instructions issued to the Governor-General and Governors of colonies under the Government of India Act of 1935 by the British Government. Dr. Ambedkar noted that DPSPs are merely another name for this Instrument of Instructions.
Granville Austin’s Assessment: The inclusion of both Fundamental Rights and Directive Principles makes the Indian Constitution unique. Renowned constitutional scholar Granville Austin famously described the Directive Principles and the Fundamental Rights together as the “conscience of the Constitution,” highlighting their combined importance in achieving social revolution.

📌 DPSP • Article 40

Q.20) Which Directive Principle requires the State to organise village panchayats and endow them with necessary powers?

Ans > Article 40

Gandhian Ideology Translated: Article 40 is a prime example of a Directive Principle based heavily on Gandhian ideology. It directly translates Mahatma Gandhi’s vision of ‘Gram Swaraj’ (village self-rule) into a formal constitutional directive for the Indian State.
The Constitutional Mandate: The article explicitly directs the State to take steps to organise village panchayats. Furthermore, it mandates the State to endow these rural bodies with such powers and authority as may be necessary to enable them to function as highly effective units of self-government.
Decentralization of Power: The core philosophy behind Article 40 is democratic decentralization. It ensures that political power and decision-making regarding local economic development and social justice do not remain concentrated in New Delhi or state capitals but flow down to the grassroots level where the majority of Indians reside.
Realization via the 73rd Amendment: For decades, Article 40 remained merely a directive with patchy implementation across states. It finally achieved constitutional teeth and mandatory nationwide enforcement when Parliament passed the historic 73rd Constitutional Amendment Act in 1992, which added Part IX to the Constitution, providing a uniform framework for the Panchayati Raj system across India.

📌 DPSP • Article 44

Q.21) Article 44 directs the state to secure for all citizens:

Ans > A uniform civil code

The Constitutional Directive: Article 44 is one of the most debated and discussed Directive Principles in the Indian Constitution. It clearly directs that “The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.”
Replacing Personal Laws: Currently, India has a uniform criminal code (IPC/BNS) and commercial laws. However, civil matters like marriage, divorce, inheritance, maintenance, and adoption are governed by distinct, religion-based personal laws (e.g., Hindu Marriage Act, Muslim Personal Law). A Uniform Civil Code (UCC) seeks to replace these diverse religious laws with a single, secular set of laws applicable to all citizens equally, regardless of their faith.
Objective of National Integration: The primary intention of the founding fathers in including Article 44 was to promote national integration and gender justice. They believed that a common civil code would help break down religious divides, foster a unified national identity, and ensure that personal laws do not violate fundamental rights regarding gender equality.
Goa’s Unique Status: As of now, a nationwide UCC has not been implemented due to political and socio-religious sensitivities. However, the state of Goa is the only Indian state to have a functioning Uniform Civil Code, a legacy of the Portuguese Civil Code of 1867, which continues to govern all Goans regardless of their religious affiliation.

📌 DPSP • Amendments

Q.22) Which of the following is NOT one of the new Directive Principles added by the 42nd Amendment Act of 1976?

Ans > To minimise inequalities in income, status, facilities and opportunities (Article 38)

The Mini-Constitution: The 42nd Constitutional Amendment Act of 1976, enacted during the National Emergency by the Indira Gandhi government, is often referred to as a “Mini-Constitution” due to its massive and sweeping changes. It significantly expanded the scope of Part IV by adding four new Directive Principles.
Article 39 (Healthy Development): It amended Article 39 to add clause (f), directing the state to secure that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity, protecting childhood from exploitation.
Article 39A (Free Legal Aid): It added Article 39A, which is crucial for the justice system. It directs the State to promote equal justice and, specifically, to provide free legal aid to the poor and marginalized, ensuring that opportunities for securing justice are not denied to any citizen due to economic or other disabilities.
Articles 43A and 48A: It also inserted Article 43A (directing the state to secure the participation of workers in the management of industries) and Article 48A (directing the state to protect and improve the environment and to safeguard the forests and wildlife of the country). The directive regarding minimizing income inequalities (Article 38) was added later by the 44th Amendment in 1978.

📌 DPSP • Amendments

Q.23) Which amendment added a new Directive Principle relating to cooperative societies (Article 43B)?

Ans > 97th Amendment Act of 2011

Constitutional Push for Cooperatives: The 97th Constitutional Amendment Act, passed in 2011, aimed to revitalize and completely professionalize the cooperative sector in India. It recognized the immense contribution of cooperative societies to the economic development of rural areas and sought to shield them from excessive political interference.
New Directive Principle (Article 43B): This amendment introduced a brand new Directive Principle by inserting Article 43B into Part IV. This article directs the State to actively “endeavour to promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies.”
Elevation to Fundamental Right: Beyond adding a directive principle, the 97th Amendment also made a profound change to Part III. It amended Article 19(1)(c) to elevate the “right to form cooperative societies” to the status of a fundamental right, placing it on par with the right to form trade unions and associations.
Addition of Part IX-B: To ensure uniform governance across the country, the amendment also added a new Part IX-B to the Constitution (Articles 243-ZH to 243-ZT). This part laid down detailed, mandatory guidelines regarding the incorporation, number of board directors, election processes, and auditing mechanisms for all cooperative societies across various states.

📌 DPSP • Quotes

Q.24) Who compared the Directive Principles with ‘a cheque on a bank, payable only when the resources of the bank permit’?

Ans > K.T. Shah

The Constituent Assembly Debates: During the framing of the Constitution in the Constituent Assembly, the Directive Principles generated significant debate. While some members heavily praised them as the blueprint for India’s socialist future, others were highly critical of their non-justiciable (unenforceable) nature.
Prof. K.T. Shah’s Critique: Prof. K.T. Shah, a prominent and vocal member of the Constituent Assembly, was a major critic of making the DPSPs non-enforceable. He famously and sarcastically compared the Directive Principles to “a cheque on a bank, payable only when the resources of the bank permit.”
The Meaning of the Metaphor: By this metaphor, Shah meant that the promises made in Part IV (like the right to work, living wage, equal pay) were essentially hollow guarantees. Just as a bank will bounce a cheque if an account lacks funds, the State could easily ignore these constitutional directives by simply citing a lack of financial resources, with citizens having no recourse in court.
Dr. Ambedkar’s Defense: Defending the non-justiciable nature, Dr. B.R. Ambedkar argued that a newly independent India simply did not have the financial capacity to immediately guarantee all socio-economic rights. However, he warned that any government that ignores these directives would certainly have to answer for it before the electorate at election time.

📌 Constitution • Legal Rights

Q.25) Which Article provides that no person shall be deprived of his property save by authority of law (Right to property as a legal right)?

Ans > Article 300-A

The Fall of a Fundamental Right: The Right to Property was originally a Fundamental Right, causing decades of fierce litigation and constitutional amendments as the government tried to abolish the Zamindari system and redistribute land. To end this judicial warfare, the 44th Amendment Act (1978) deleted it from Part III.
Insertion into Part XII: The 44th Amendment did not abolish the right to property altogether. Instead, it carefully relocated it by inserting a new Article 300-A in Part XII of the Constitution, under the specific heading ‘Right to Property’.
Text and Meaning of Article 300-A: The concise text of Article 300-A states: “No person shall be deprived of his property save by authority of law.” This means that the state (executive) cannot arbitrarily confiscate a citizen’s property. The state must enact a specific, valid legislative law to acquire private property for public purposes.
Legal vs. Fundamental Right: Because it is no longer a Fundamental Right, a citizen cannot directly approach the Supreme Court under Article 32 if their property is illegally taken. They must approach the High Court under Article 226 or use regular civil courts. Furthermore, the constitutional obligation of the state to pay “compensation” for acquired property was also largely removed, except in very specific cases involving minority educational institutions or land within statutory ceiling limits.

📌 Schedules • Amendments

Q.26) The Ninth Schedule was added to the Constitution to protect certain laws from judicial scrutiny by which Constitutional Amendment?

Ans > 1st Amendment Act (1951)

The Crisis of Land Reforms: Immediately after independence, state governments began passing radical agrarian reform laws to abolish the oppressive Zamindari system. However, powerful landlords constantly dragged these laws to court, successfully arguing that they violated their Fundamental Right to Property (Article 31), leading courts to strike down the reforms.
The Innovative Solution (1951): To completely bypass judicial interference and save the agrarian reform agenda, the Provisional Parliament (led by Jawaharlal Nehru) enacted the very First Constitutional Amendment Act in 1951. This amendment introduced a highly innovative and controversial mechanism: the Ninth Schedule.
Article 31B and the Protective Umbrella: The amendment added Article 31B, which created the Ninth Schedule. The mechanism was simple yet absolute: any law, act, or regulation placed inside the Ninth Schedule by the Parliament became totally immune from judicial review. It could not be challenged in any court on the grounds that it violated any of the Fundamental Rights.
Evolution and Supreme Court Ruling: Originally containing only 13 land reform laws, the Ninth Schedule was eventually used by successive governments to protect over 280 diverse laws from scrutiny. In a landmark 2007 ruling (I.R. Coelho case), the Supreme Court ruled that laws placed in the Ninth Schedule after April 24, 1973 (the date of the basic structure doctrine) are open to judicial review if they violate the basic structure of the Constitution.

📌 SC Judgements • FR vs DPSP

Q.27) In the Champakam Dorairajan case (1951), the Supreme Court ruled that in case of a conflict between Fundamental Rights and Directive Principles:

Ans > Fundamental Rights would prevail

The Earliest Constitutional Conflict: The State of Madras vs. Smt. Champakam Dorairajan (1951) was one of the very first major constitutional battles that directly addressed the inherent tension between the justiciable Fundamental Rights (Part III) and the non-justiciable Directive Principles (Part IV).
The Core Issue: The Madras government had issued a Communal G.O. providing caste-based reservations in medical and engineering colleges, arguing it was implementing the Directive Principle under Article 46 (promoting educational interests of weaker sections). Champakam Dorairajan challenged this, stating it violated her Fundamental Right to equality against discrimination based purely on caste (Article 15 and 29).
The Supreme Court’s Verdict: The Supreme Court delivered a landmark judgment ruling strictly in favor of Fundamental Rights. The Court declared that the Directive Principles of State Policy cannot override the provisions of Part III. It stated that DPSPs must conform to and run subsidiary to the Fundamental Rights.
The Aftermath and the 1st Amendment: Because the Supreme Court struck down the reservation policy, the Parliament, determined to implement social justice measures, immediately passed the First Constitutional Amendment Act of 1951. This amendment specifically added Article 15(4), explicitly granting the state the constitutional power to make special provisions for the advancement of any socially and educationally backward classes, effectively overturning the judicial roadblock.

📌 DPSP • Article 50

Q.28) Article 50 directs the state to:

Ans > Separate the judiciary from the executive in the public services

A Pillar of Judicial Independence: Article 50 is a vital Directive Principle that lays the structural foundation for an independent and impartial judicial system in India. It explicitly directs the State to take active steps to “separate the judiciary from the executive in the public services of the State.”
The Colonial Legacy Problem: During British colonial rule, the roles of the executive and the judiciary were often deeply merged at the district level. A District Collector or Magistrate possessed both administrative (executive/police) powers and judicial powers (to try criminal cases). This merger fundamentally violated the principle of natural justice, as the prosecutor and the judge were essentially the same authority.
Ensuring Fair Trials: The constitutional intent behind Article 50 is to ensure that criminal magistrates are entirely free from the influence, control, or pressure of the executive branch (the government and police). A judge cannot be impartial if their career progression or transfers are controlled by the very government prosecuting the case before them.
Implementation via CrPC: To formally implement this directive principle, the Parliament enacted a completely revised Code of Criminal Procedure (CrPC) in 1973. This new code systematically stripped executive magistrates (like Collectors and Tehsildars) of their judicial powers to try criminal cases, transferring those powers exclusively to Judicial Magistrates who operate directly under the control and supervision of the respective State High Courts.

📌 Constitution • Official Language

Q.29) Which Part of the Constitution contains the Directive requiring the state to provide adequate facilities for instruction in the mother-tongue at the primary stage of education?

Ans > Part XVII

Protection of Linguistic Minorities: While the primary Directive Principles are housed in Part IV, the Constitution contains a few other directives spread across different parts. Article 350A, located in Part XVII (which deals with Official Language), is a critical directive aimed specifically at safeguarding the cultural and linguistic rights of minority communities.
The Constitutional Mandate: Article 350A states that it shall be the endeavor of every State, and of every local authority within the State, to provide adequate facilities for instruction in the mother-tongue at the primary stage of education to children belonging to linguistic minority groups.
Rationale Behind the Directive: Educational psychologists universally agree that a child’s cognitive development and foundational learning are most effective when taught in their mother tongue during the formative years. This article prevents state governments from forcibly imposing the dominant regional state language on linguistic minorities at the primary school level, preserving linguistic diversity.
Presidential Intervention: To ensure compliance, the article also empowers the President of India to issue such directions to any State as he considers necessary or proper for securing the provision of such educational facilities. This highlights the vital importance the Constitution places on linguistic minority rights in a diverse federal structure.

📌 Acts • Civil Rights

Q.30) Which Act was comprehensively amended in 1976 and renamed as the Protection of Civil Rights Act, 1955?

Ans > Untouchability (Offences) Act, 1955

Operationalizing Article 17: Article 17 of the Constitution abolished untouchability, but it required statutory legislation to prescribe punishments for those who continued the practice. In 1955, Parliament enacted the “Untouchability (Offences) Act” to formally criminalize various forms of untouchability practices across the nation.
The 1976 Comprehensive Amendment: After two decades, the government realized that the punishments under the 1955 Act were too lenient and the law contained several loopholes. Consequently, in 1976, the act was comprehensively amended to make its penal provisions significantly more stringent and rigorous.
Renaming the Act: Along with toughening the penalties, the 1976 amendment significantly renamed the legislation to the “Protection of Civil Rights Act, 1955.” The term “civil right” was legally defined as any right accruing to a person by reason of the abolition of untouchability under Article 17 of the Constitution.
Stringent Provisions Added: The amended Act made untouchability offenses non-compoundable (meaning the parties cannot settle out of court). It established that offenses committed regarding public worship, access to shops, hospitals, or educational institutions would carry mandatory imprisonment. Furthermore, it disqualified individuals convicted under this Act from contesting elections to the Parliament or State Legislatures.

📌 Quick Summary — Polity Set 3

Citizenship Articles: Part II (Articles 5-11) covers citizenship.
Acquiring Citizenship: 5 methods under the Citizenship Act of 1955.
Losing Citizenship: Renunciation, Termination, Deprivation (Not Deportation).
OCI Constraints: Not entitled to equal opportunity in public employment (Article 16).
Magna Carta: Part III (Fundamental Rights) is called the Magna Carta of India.
Right to Property: Deleted by 44th Amendment (now a legal right under 300A).
Emergency Protection: Articles 20 and 21 cannot be suspended.
Equality Before Law: Concept borrowed from the British Constitution.
Untouchability: Abolished completely by Article 17.
Mandal Case (1992): Supreme Court examined job reservation scope under Article 16(4).
Article 19: Currently protects 6 freedoms (originally 7).
Double Jeopardy: Protected under Article 20.
Right to Education: Free and compulsory education (6-14 years) under Article 21A.
Habeas Corpus: Writ meaning “To have the body of”.
Quo-Warranto: Writ asking “By what authority” for public offices.
Soul of Constitution: Dr. Ambedkar called Article 32 the “soul and heart” of the Constitution.
Armed Forces: Parliament can restrict their fundamental rights under Article 33.
DPSP: Directive Principles are enumerated in Part IV.
DPSP Source: Borrowed from the Irish Constitution of 1937.
Village Panchayats: Organised under Article 40 (Gandhian Principle).
Uniform Civil Code: State directed to secure this under Article 44.
44th Amendment: Added minimizing income inequalities (Article 38).
Cooperative Societies: Article 43B added by the 97th Amendment Act (2011).
DPSP Critique: K.T. Shah called it a ‘cheque on a bank’.
Legal Property Right: Ensured by Article 300-A.
Ninth Schedule: Added by 1st Amendment Act (1951) to protect laws from scrutiny.
Champakam Case (1951): Ruled Fundamental Rights prevail over DPSP.
Article 50: Separation of judiciary from executive.
Mother-Tongue Education: Mandated in Part XVII (Article 350A).
Civil Rights Act: Originally the Untouchability (Offences) Act, 1955.

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Polity Set 3

Q.1) Part II of the Indian Constitution deals with citizenship from:

Q.2) The Citizenship Act of 1955 prescribes how many ways of acquiring citizenship?

Q.3) Which of the following is NOT a way of losing Indian citizenship under the Citizenship Act (1955)?

Q.4) According to the Citizenship (Amendment) Act, 2015, an Overseas Citizen of India (OCI) Cardholder is NOT entitled to:

Q.5) Which part of the Constitution is rightly described as the Magna Carta of India?

Q.6) Which Fundamental Right was deleted from the list of Fundamental Rights by the 44th Amendment Act of 1978?

Q.7) Which Fundamental Rights cannot be suspended during the operation of a National Emergency?

Q.8) Article 14 provides for “equality before law and equal protection of laws.” The concept of “equality before law” is of which origin?

Q.9) Which Article abolishes ‘untouchability’ and forbids its practice in any form?

Q.10) In which case did the Supreme Court examine the scope of Article 16(4) regarding the reservation of jobs in favour of backward classes?

Q.11) Article 19 originally contained seven rights. How many are currently protected under Article 19?

Q.12) The protection against double jeopardy is granted under which Article?

Q.13) Which Article declares that the State shall provide free and compulsory education to all children of the age of six to fourteen years?

Q.14) The writ of “Habeas Corpus” literally means:

Q.15) Which writ is issued by the court to enquire into the legality of a claim of a person to a public office?

Q.16) Article 32 confers the right to remedies for the enforcement of fundamental rights. Who called Article 32 “the very soul of the Constitution and the very heart of it”?

Q.17) Which Article empowers Parliament to restrict or abrogate the fundamental rights of the members of armed forces?

Q.18) The Directive Principles of State Policy are enumerated in which Part of the Constitution?

Q.19) The framers of the Constitution borrowed the idea of Directive Principles from the:

Q.20) Which Directive Principle requires the State to organise village panchayats and endow them with necessary powers?

Q.21) Article 44 directs the state to secure for all citizens:

Q.22) Which of the following is NOT one of the new Directive Principles added by the 42nd Amendment Act of 1976?

Q.23) Which amendment added a new Directive Principle relating to cooperative societies (Article 43B)?

Q.24) Who compared the Directive Principles with ‘a cheque on a bank, payable only when the resources of the bank permit’?

Q.25) Which Article provides that no person shall be deprived of his property save by authority of law (Right to property as a legal right)?

Q.26) The Ninth Schedule was added to the Constitution to protect certain laws from judicial scrutiny by which Constitutional Amendment?

Q.27) In the Champakam Dorairajan case (1951), the Supreme Court ruled that in case of a conflict between Fundamental Rights and Directive Principles:

Q.28) Article 50 directs the state to:

Q.29) Which Part of the Constitution contains the Directive requiring the state to provide adequate facilities for instruction in the mother-tongue at the primary stage of education?

Q.30) Which Act was comprehensively amended in 1976 and renamed as the Protection of Civil Rights Act, 1955?

📌 Quick Summary — Polity Set 3

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Q.1) Part II of the Indian Constitution deals with citizenship from:

Q.2) The Citizenship Act of 1955 prescribes how many ways of acquiring citizenship?

Q.3) Which of the following is NOT a way of losing Indian citizenship under the Citizenship Act (1955)?

Q.4) According to the Citizenship (Amendment) Act, 2015, an Overseas Citizen of India (OCI) Cardholder is NOT entitled to:

Q.5) Which part of the Constitution is rightly described as the Magna Carta of India?

Q.6) Which Fundamental Right was deleted from the list of Fundamental Rights by the 44th Amendment Act of 1978?

Q.7) Which Fundamental Rights cannot be suspended during the operation of a National Emergency?

Q.8) Article 14 provides for “equality before law and equal protection of laws.” The concept of “equality before law” is of which origin?

Q.9) Which Article abolishes ‘untouchability’ and forbids its practice in any form?

Q.10) In which case did the Supreme Court examine the scope of Article 16(4) regarding the reservation of jobs in favour of backward classes?

Q.11) Article 19 originally contained seven rights. How many are currently protected under Article 19?

Q.12) The protection against double jeopardy is granted under which Article?

Q.13) Which Article declares that the State shall provide free and compulsory education to all children of the age of six to fourteen years?

Q.14) The writ of “Habeas Corpus” literally means:

Q.15) Which writ is issued by the court to enquire into the legality of a claim of a person to a public office?

Q.16) Article 32 confers the right to remedies for the enforcement of fundamental rights. Who called Article 32 “the very soul of the Constitution and the very heart of it”?

Q.17) Which Article empowers Parliament to restrict or abrogate the fundamental rights of the members of armed forces?

Q.18) The Directive Principles of State Policy are enumerated in which Part of the Constitution?

Q.19) The framers of the Constitution borrowed the idea of Directive Principles from the:

Q.20) Which Directive Principle requires the State to organise village panchayats and endow them with necessary powers?

Q.21) Article 44 directs the state to secure for all citizens:

Q.22) Which of the following is NOT one of the new Directive Principles added by the 42nd Amendment Act of 1976?

Q.23) Which amendment added a new Directive Principle relating to cooperative societies (Article 43B)?

Q.24) Who compared the Directive Principles with ‘a cheque on a bank, payable only when the resources of the bank permit’?

Q.25) Which Article provides that no person shall be deprived of his property save by authority of law (Right to property as a legal right)?

Q.26) The Ninth Schedule was added to the Constitution to protect certain laws from judicial scrutiny by which Constitutional Amendment?

Q.27) In the Champakam Dorairajan case (1951), the Supreme Court ruled that in case of a conflict between Fundamental Rights and Directive Principles:

Q.28) Article 50 directs the state to:

Q.29) Which Part of the Constitution contains the Directive requiring the state to provide adequate facilities for instruction in the mother-tongue at the primary stage of education?

Q.30) Which Act was comprehensively amended in 1976 and renamed as the Protection of Civil Rights Act, 1955?

📌 Quick Summary — Polity Set 3

Leave a Comment Cancel Reply

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