Polity Set 37
π
π Judiciary β’ Writs
Q.1) Which writ is issued by a higher court to a lower court to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction that it does not possess?
Ans > Prohibition
- Nature of the Writ: Prohibition literally translates to ‘to forbid’. It is issued primarily by a higher court, such as the Supreme Court or a High Court, directing a lower court or tribunal to halt proceedings. The primary goal is to prevent the lower judicial body from exceeding its geographical or topical jurisdiction, or usurping a jurisdiction it does not legally possess under the law.
- Preventive Mechanism: Unlike the writ of Mandamus, which commands activity and forces an authority to do its job, Prohibition directs inactivity. It is strictly a preventive mechanism issued during the pendency of proceedings before a final order is made. If the lower court has already passed a final order, the writ of Certiorari is used to quash it instead.
- Limitations on Issuance: The writ of Prohibition can only be issued against judicial and quasi-judicial authorities. It is not available against administrative authorities, legislative bodies, or private individuals and entities. This ensures the judicial hierarchy maintains strict boundaries without interfering in general executive functions.
π Judiciary β’ Writs
Q.2) Which writ is issued to enquire into the legality of a claim of a person to a public office and can be sought by any interested person, not necessarily the aggrieved person?
Ans > Quo-Warranto
- Meaning and Purpose: The term ‘Quo-Warranto’ literally means ‘by what authority or warrant’. It is a judicial order issued by the court to inquire into the legality of a person’s claim to a public office. This writ acts as a safeguard to prevent the illegal usurpation of public office by an individual who is not legally entitled to hold it.
- Conditions for Issuance: This writ can be issued only in cases involving a substantive public office of a permanent character that has been created by a statute or by the Constitution itself. It cannot be issued in cases of a ministerial office or a private office, ensuring the courts only intervene in matters of genuine public administration.
- Broad Locus Standi: Unlike other judicial writs where generally only the aggrieved person can approach the court, Quo-Warranto features a broader locus standi. Any interested person or citizen can seek this writ, even if their own fundamental rights have not been directly infringed. This makes it a crucial tool for public accountability.
π Fundamental Rights β’ Armed Forces
Q.3) Article 33 empowers the Parliament to restrict or abrogate the fundamental rights of the members of armed forces. The power to make laws under Article 33 is conferred ONLY on:
Ans > The Parliament
- Scope of Article 33: Article 33 provides a specific exception to the Fundamental Rights enshrined in Part III of the Constitution. It empowers the Parliament to restrict or abrogate the fundamental rights of the members of the armed forces, paramilitary forces, police forces, intelligence agencies, and analogous forces to ensure proper discipline.
- Rationale for Restriction: The primary objective behind this provision is to ensure the proper discharge of their duties and the maintenance of strict discipline among the forces. Rights such as freedom of speech, freedom of assembly, and the right to form associations can be severely restricted for military personnel to prevent mutiny and maintain operational readiness.
- Exclusive Parliamentary Power: The power to make laws under Article 33 is conferred exclusively on the Parliament and not on state legislatures. This ensures uniformity across the country regarding the rights of armed and police forces. Examples of laws passed under this article include the Army Act (1950), the Navy Act (1950), and the Police Forces (Restriction of Rights) Act (1966).
π Fundamental Rights β’ Emergency
Q.4) Article 34 provides for restrictions on fundamental rights while what is in force in any area within the territory of India?
Ans > Martial Law
- Concept of Martial Law: Article 34 deals with the restrictions on fundamental rights when Martial Law is in force in any area within the territory of India. The concept of Martial Law has been borrowed from English common law. It essentially means ‘military rule’, though the Constitution does not explicitly define the term anywhere in its text.
- Suspension of Ordinary Law: When Martial Law is imposed, the ordinary administration is suspended, and military tribunals take over the functions of regular courts. It is imposed under extraordinary circumstances like war, invasion, insurrection, or rebellion. This is fundamentally different from a National Emergency (Article 352), which affects the distribution of powers across the whole country.
- Indemnity Acts: Article 34 also empowers the Parliament to indemnify (protect from legal consequences) any government servant or any other person for any act done by them in connection with the maintenance or restoration of order in any area where Martial Law was in force. This can also validate sentences passed by military courts.
π Schedules β’ Land Reforms
Q.5) Article 31B saves the acts and regulations included in which Schedule from being challenged and invalidated on the ground of contravention of any of the fundamental rights?
Ans > Ninth Schedule
- Origin and Purpose: Article 31B and the Ninth Schedule were added to the Constitution by the First Amendment Act in 1951. The primary purpose was to protect state-level agrarian reform and land abolition laws from being challenged in courts on the grounds that they violated the fundamental right to property (which was a fundamental right at the time).
- Blanket Protection Concept: The initial design of Article 31B provided a blanket protection. It stated that none of the acts and regulations included in the Ninth Schedule shall be deemed to be void on the ground that they are inconsistent with any of the fundamental rights in Part III of the Constitution, effectively shielding them from judicial review.
- I.R. Coelho Case Precedent: In the landmark I.R. Coelho case (2007), the Supreme Court ruled that there is no absolute blanket immunity for laws placed in the Ninth Schedule. The court established that laws added to this schedule after April 24, 1973 (the date of the Kesavananda Bharati verdict), are open to judicial review if they violate the “basic structure” of the Constitution.
π Fundamental Rights β’ DPSPs
Q.6) Article 31C, inserted by the 25th Amendment Act (1971), saves laws that seek to implement the socialistic directive principles specified in which specific clauses?
Ans > Article 39 (b) or (c)
- Insertion and Objective: Article 31C was inserted into the Constitution by the 25th Amendment Act of 1971. Its main objective was to give primacy to specific Directive Principles of State Policy over certain Fundamental Rights, specifically prioritizing social and economic justice over individual property and equality rights.
- Specific Clauses Protected: The article specifically protects laws enacted to implement the socialistic directives contained in Article 39(b) (equitable distribution of material resources of the community for the common good) and Article 39(c) (prevention of the concentration of wealth and means of production). It shields these laws from being challenged for violating Articles 14 (Equality) and 19 (Freedoms).
- Judicial Review History: The 42nd Amendment Act (1976) attempted to expand the scope of Article 31C to protect laws implementing any of the Directive Principles. However, the Supreme Court in the Minerva Mills case (1980) struck down this massive expansion, limiting the protection strictly back to only Articles 39(b) and 39(c) to maintain constitutional balance.
π Constitution Sources β’ DPSPs
Q.7) The framers of the Constitution borrowed the idea of Directive Principles from the Irish Constitution of 1937. From which Constitution had the Irish copied it?
Ans > Spanish Constitution
- Constitutional Borrowing: The Indian Constitution is heavily influenced by various global democratic frameworks. The framers borrowed the concept of the Directive Principles of State Policy (DPSP) from the Irish Constitution of 1937. The framers of the Irish Constitution, in turn, had originally copied this concept from the Spanish Constitution.
- Philosophical Basis: The Directive Principles constitute the socio-economic philosophy of the Indian Constitution. While Fundamental Rights aim to establish political democracy, the DPSPs aim to establish social and economic democracy. They represent the blueprint for a “welfare state” as opposed to a colonial “police state,” guiding the government in policymaking.
- Novel Features: Dr. B.R. Ambedkar famously described the Directive Principles as the “novel features” of the Indian Constitution. Furthermore, the prominent constitutional scholar Granville Austin described the Directive Principles and the Fundamental Rights together as the “conscience of the Constitution,” highlighting their critical role in shaping a just society.
π DPSPs β’ History
Q.8) According to Dr. B.R. Ambedkar, the Directive Principles are merely another name for the ‘Instrument of Instructions’ issued under which British Act?
Ans > Government of India Act of 1935
- Historical Context: During British rule, the Government of India Act of 1935 contained a set of guidelines known as the ‘Instrument of Instructions’. These were specific instructions issued by the British Government in London to the Governor-General and the Governors of the provinces of India regarding how they should exercise their executive powers.
- Ambedkar’s Analogy: During the Constituent Assembly debates, Dr. B.R. Ambedkar explicitly stated that the Directive Principles are merely another name for the Instrument of Instructions. The only difference is that while the 1935 instructions were given to the executive branch by the British Crown, the DPSPs are instructions given by the Constitution to both the legislature and the executive.
- Non-Justiciable Nature: Much like the original Instrument of Instructions, the Directive Principles are non-justiciable in nature. This means they cannot be legally enforced by the courts for their violation. However, Article 37 explicitly declares that these principles are fundamental in the governance of the country, placing a moral obligation on the state to apply them.
π DPSPs β’ Panchayats
Q.9) “To organise village panchayats and endow them with necessary powers” (Article 40) is classified as which type of Directive Principle?
Ans > Gandhian Principle
- Gandhian Ideology: The Constitution does not officially classify the Directive Principles into distinct categories. However, scholars group them based on their ideological source. Article 40 is classified as a Gandhian Principle because it directly reflects Mahatma Gandhiβs vision of ‘Gram Swaraj’, which advocated for decentralized village self-governance as the foundation of Indian democracy.
- Constitutional Mandate: Article 40 directs the state to take steps to organize village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government. For decades, this remained a mere directive, with states implementing it inconsistently and often without granting real financial or administrative power.
- Eventual Realization: This Gandhian directive was finally given concrete constitutional status and uniform structure through the historic 73rd Constitutional Amendment Act of 1992. This amendment introduced Part IX to the Constitution, creating a mandatory three-tier Panchayati Raj system across rural India, effectively turning the ideological directive into an enforceable governance structure.
π DPSPs β’ UCC
Q.10) “To secure for all citizens a uniform civil code throughout the country” (Article 44) is classified as which type of Directive Principle?
Ans > Liberal-Intellectual Principle
- Liberal-Intellectual Classification: Article 44 is categorized under the Liberal-Intellectual principles. This category includes directives that reflect the ideology of liberalism, aiming to build a modern, progressive, and rational state framework. The goal of a Uniform Civil Code (UCC) is to ensure equality before the law by standardizing civil rules regardless of religious affiliation.
- Purpose of the UCC: The purpose of a Uniform Civil Code is to replace the fragmented system of personal lawsβwhich are currently based on the scriptures and customs of each major religious community in India (Hindu, Muslim, Christian, Parsi)βwith a single, common set of laws governing marriage, divorce, inheritance, and adoption for all citizens.
- Current Implementation Status: For decades, Goa was the only state in India with a functioning Uniform Civil Code, a legacy of the Portuguese Civil Code of 1867 which was retained after liberation. Recently, Uttarakhand became the first state in independent India to pass its own Uniform Civil Code bill, bringing this directive back into national focus.
π Amendments β’ DPSPs
Q.11) The 42nd Amendment Act of 1976 added four new Directive Principles. Which of the following is one of them?
Ans > To protect and improve the environment and to safeguard forests and wild life (Article 48 A)
- The Mini-Constitution: The 42nd Constitutional Amendment Act of 1976 was enacted during the Emergency period and made such widespread changes to the document that it is often referred to as the “Mini-Constitution”. Among its many sweeping alterations, it expanded the scope of Part IV by adding four new Directive Principles to the original list.
- Article 48A Explained: One of the key additions was Article 48A, which mandates the state to protect and improve the environment and to safeguard the forests and wildlife of the country. This addition reflected growing global environmental awareness in the 1970s, establishing ecological preservation as a constitutional priority for the Indian government.
- Other Additions in 1976: The other three directives added by the 42nd Amendment were: Article 39 (to secure opportunities for the healthy development of children), Article 39A (to promote equal justice and provide free legal aid to the poor), and Article 43A (to secure the participation of workers in the management of industries).
π Amendments β’ DPSPs
Q.12) The 97th Constitutional Amendment Act of 2011 added a new Directive Principle (Article 43B) relating to the promotion of:
Ans > Co-operative societies
- Constitutional Protection: The 97th Constitutional Amendment Act of 2011 was a major legislative step that gave constitutional status and protection to co-operative societies in India. The amendment aimed to ensure that these societies function in a democratic, professional, autonomous, and economically sound manner, free from excessive political interference.
- Multi-Part Impact: This single amendment impacted the Constitution in three distinct ways. It made the right to form co-operative societies a fundamental right under Article 19(1)(c). It inserted a new Directive Principle of State Policy (Article 43B). Finally, it added an entirely new part to the Constitution, Part IX-B, detailing their organizational rules.
- Article 43B Objective: The specifically added Directive Principle, Article 43B, directs the state to “endeavour to promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies.” This provides the philosophical mandate for state governments to support the cooperative movement, particularly in the agricultural and dairy sectors.
π Supreme Court β’ FR vs DPSP
Q.13) In the Champakam Dorairajan case (1951), the Supreme Court ruled that in case of any conflict between the Fundamental Rights and the Directive Principles:
Ans > The Fundamental Rights would prevail.
- Landmark 1951 Case: The State of Madras v. Champakam Dorairajan (1951) was the very first major Supreme Court case dealing with a direct conflict between Fundamental Rights and Directive Principles. The case arose when a government order in Madras allocating medical and engineering college seats based on caste was challenged as violating Article 15 (equality).
- The Court’s Ruling: The Supreme Court ruled definitively that in the event of a conflict between the justiciable Fundamental Rights and the non-justiciable Directive Principles, the Fundamental Rights would prevail. The court famously stated that the Directive Principles “have to conform to and run as subsidiary to the Chapter on Fundamental Rights.”
- Constitutional Reaction: To overcome the Supreme Court’s strict interpretation in this ruling and to implement policies for the upliftment of backward classes, the Parliament enacted the 1st Constitutional Amendment Act in 1951. This amendment added Article 15(4), explicitly allowing the state to make special provisions for socially and educationally backward classes.
π Supreme Court β’ Constitution Bedrock
Q.14) In the Minerva Mills case (1980), the Supreme Court held that the Indian Constitution is founded on the bedrock of the balance between:
Ans > The Fundamental Rights and the Directive Principles
- Context of the Case: The Minerva Mills case (1980) was a reaction to the 42nd Amendment Act (1976). That amendment had attempted to give absolute primacy to all Directive Principles over the Fundamental Rights of equality (Art 14) and freedom (Art 19). The petitioners challenged this massive expansion of state power.
- The Bedrock Principle: The Supreme Court struck down the provision of the 42nd Amendment that gave absolute primacy to the DPSPs. Chief Justice Y.V. Chandrachud famously proclaimed that the Indian Constitution is founded on the bedrock of the balance between Parts III (Fundamental Rights) and Part IV (Directive Principles).
- Harmonious Construction: The court elaborated that Fundamental Rights and Directive Principles are like the two wheels of a chariot, and one cannot be given absolute priority without unbalancing the whole structure. To give absolute primacy to one over the other is to disturb the harmony of the Constitution, which the court declared is a part of the unamendable “basic structure.”
π Services β’ SC/ST Claims
Q.15) 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 the making of appointments to services?
Ans > Article 335
- Location in Constitution: While the primary socio-economic directives are concentrated in Part IV of the Constitution, there are certain directives located in other parts. Article 335 is found in Part XVI, which deals with “Special Provisions Relating to Certain Classes,” demonstrating that the spirit of state directives extends beyond just Part IV.
- Administrative Efficiency: Article 335 mandates that the claims of the members of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration when making appointments to services and posts in connection with the affairs of the Union or of a State. However, it critically adds a caveat: this must be done consistently with the maintenance of “efficiency of administration.”
- Later Amendments: The interpretation of “efficiency of administration” caused legal debates. To clarify its stance, the Parliament passed the 82nd Amendment Act in 2000. This added a proviso to Article 335, explicitly allowing the state to make any provision in favor of SC/STs for relaxing qualifying marks in examinations or lowering standards of evaluation for promotion.
π Education β’ Mother-Tongue
Q.16) Which Article outside Part IV states that it shall be the endeavour of every state and local authority to provide adequate facilities for instruction in the mother-tongue at the primary stage of education?
Ans > Article 350-A
- Linguistic Minorities Context: Article 350-A is another vital directive found outside Part IV, located instead in Part XVII (Official Language). It was added to the Constitution by the 7th Amendment Act of 1956, directly acting on the recommendations of the States Reorganisation Commission to protect the rights of linguistic minority groups within newly reorganized states.
- Primary Education Focus: The directive specifically targets the primary stage of education. It mandates that every state and local authority must endeavor to provide adequate facilities for instruction in the mother-tongue for children belonging to linguistic minority groups. This recognizes that early childhood cognitive development is strongest when taught in a native language.
- Presidential Power: To ensure this directive is not ignored by state governments, Article 350-A vests special powers in the Union Executive. The President is authorized to issue such directions to any State as he considers necessary or proper for securing the provision of these mother-tongue educational facilities.
π Schedules β’ Territories
Q.17) The First Schedule of the Constitution deals with:
Ans > Names of the States and their territorial jurisdiction
- Territorial Extent: The First Schedule of the Indian Constitution is the definitive geographic and administrative ledger of the country. It contains a comprehensive list detailing the names of all the 28 States and the 8 Union Territories that comprise the Republic of India, along with precise descriptions of their territorial jurisdictions and borders.
- Article Connections: This schedule is directly tied to the very beginning of the Constitution. It corresponds strictly to Articles 1 and 4. Article 1 declares India as a “Union of States” and states that the territories of these states shall be as specified in the First Schedule, legally anchoring the map of India.
- Dynamic Nature: Unlike many other parts of the Constitution, the First Schedule is highly dynamic. It must be amended every time a new state is created (like Telangana in 2014), boundaries are altered, or names are changed (like Orissa to Odisha). Crucially, under Article 4, amending this schedule only requires a simple majority in Parliament, not a constitutional amendment.
π Schedules β’ Oaths
Q.18) The Third Schedule of the Constitution contains:
Ans > Forms of Oaths or Affirmations
- Scope of Oaths: The Third Schedule provides the exact textual templates for the forms of oaths of office and secrecy, or affirmations, to be made by various high-ranking officials before entering office. This includes Union Ministers, Members of Parliament, Supreme Court Judges, the Comptroller and Auditor General (CAG), State Ministers, State Legislators, and High Court Judges.
- Notable Exclusions: A common misconception is that the Third Schedule contains the oaths for all constitutional posts. This is false. The oaths for the President (Article 60), the Vice-President (Article 69), and the Governor of a State (Article 159) are entirely absent from the Third Schedule; their specific oaths are hardcoded into their respective articles within the Constitution text.
- Purpose of Affirmation: The schedule carefully uses the phrasing “Oaths or Affirmations.” This accommodates secularism and freedom of belief. A person taking office can choose to swear an “oath” in the name of God, or make a solemn “affirmation” if they are atheist, agnostic, or otherwise do not wish to invoke a deity during their swearing-in ceremony.
π Schedules β’ Panchayats
Q.19) Which Schedule specifies the powers, authority, and responsibilities of Panchayats (added by the 73rd Amendment Act of 1992)?
Ans > Eleventh Schedule
- 73rd Amendment Origins: The Eleventh Schedule was added to the Constitution by the historic 73rd Constitutional Amendment Act of 1992. This schedule was introduced to give practical administrative substance to the newly mandated Panchayati Raj Institutions, transforming rural local bodies from mere concepts into functioning units of local self-government.
- 29 Functional Items: The schedule contains a comprehensive list of 29 functional items or subjects that can be devolved to the Panchayats. These items cover vital rural development areas including agriculture, land reforms, minor irrigation, animal husbandry, rural electrification, drinking water, rural housing, and poverty alleviation programs.
- Link to Article 243-G: The Eleventh Schedule does not automatically transfer power; it acts in conjunction with Article 243-G. This article gives state legislatures the authority to pass laws endowing Panchayats with the powers and responsibilities related to the 29 subjects listed in the schedule, meaning actual devolution varies from state to state based on local legislation.
π Constitution Parts β’ Co-operatives
Q.20) Part IX-B of the Constitution, dealing with The Co-operative Societies, covers which Articles?
Ans > 243-ZH to 243-ZT
- The 97th Amendment Act: Part IX-B was formally incorporated into the Constitution via the 97th Amendment Act in 2011. The introduction of this specific part aimed to standardize the management and administration of co-operative societies across the country, ensuring they run democratically and maintain economic viability free from arbitrary state interference.
- Scope of Articles: This part spans from Article 243-ZH to Article 243-ZT. These articles lay out extensive constitutional guidelines covering the incorporation of co-operatives, the maximum number of directors on a board, fixed terms for board members (usually five years), the mandatory conduct of regular elections, procedures for supersession of boards, and independent audits of their accounts.
- State Legislature Power: While Part IX-B sets a constitutional baseline, it respects India’s federal structure by acknowledging that ‘Co-operative Societies’ is a State subject (Entry 32 of the State List). Therefore, these articles grant state legislatures the power to make detailed laws regarding the incorporation, regulation, and winding up of these societies, provided they align with these constitutional parameters.
π Constitution Parts β’ Amendments
Q.21) Part XX of the Constitution deals with:
Ans > Amendment of the Constitution
- Single Article Part: Part XX is one of the unique segments of the Indian Constitution because it contains only a single article: Article 368. This part deals exclusively with the power of the Parliament to amend the Constitution and outlines the formal procedures that must be followed to execute such changes.
- South African Influence: The framers of the Indian Constitution studied numerous global legal frameworks. The specific procedure for amending the Constitution, requiring different types of majorities for different provisions, was heavily influenced by and borrowed from the Constitution of South Africa, adapting it to suit the vast diversity of the Indian republic.
- Flexibility and Rigidity: Part XX embodies a constitutional synthesis of flexibility and rigidity. It allows certain less critical parts of the Constitution to be amended easily by a simple majority, while essential structural parts require a “special majority” (two-thirds of members present and voting). For matters impacting federalism, it introduces extreme rigidity by requiring ratification by at least half of the state legislatures.
π Articles β’ Amendment Power
Q.22) Article 368 of the Constitution falls under which Part?
Ans > Part XX
- The Amendment Power: Article 368, the sole article in Part XX, grants Parliament the constituent power to amend the Constitution. It explicitly states that Parliament may, in the exercise of its constituent power, amend by way of addition, variation, or repeal any provision of the Constitution in accordance with the procedure laid down in this article.
- Basic Structure Limitation: While the text of Article 368 appears to grant unlimited amending power, the judiciary imposed a massive constraint. In the landmark Kesavananda Bharati case (1973), the Supreme Court established the “Basic Structure Doctrine.” It ruled that while Parliament can amend any part under Article 368 (including Fundamental Rights), it cannot alter or destroy the “basic structure” or framework of the Constitution.
- Presidential Assent Requirement: Over the years, the amendment procedure itself has been tweaked. The 24th Amendment Act of 1971 modified Article 368 to resolve conflicts between the executive and the president. It made it obligatory for the President to give their assent to a Constitutional Amendment Bill once it has been passed by both houses of Parliament, removing the power to veto such bills.
π History β’ Constituent Assembly
Q.23) What animal was adopted as the symbol (seal) of the Constituent Assembly?
Ans > Elephant
- Representation of Scale: The elephant was deliberately adopted as the official symbol and seal of the Constituent Assembly of India. The animal was chosen to symbolize the massive size, monumental strength, and comprehensive nature of the Indian Constitution, which ultimately became the longest and most detailed written constitution of any sovereign country in the world.
- Historical Usage Context: This seal featuring the elephant was actively used on official documents, correspondence, and drafts of the Constituent Assembly during its exhaustive deliberations, which lasted from 1946 until the final adoption of the Constitution on November 26, 1949. It provided a unifying visual identity for the monumental administrative task.
- Assembly Leadership: While the elephant served as the visual symbol, the heavy lifting of drafting was managed by key figures. Sir B.N. Rau served as the Constitutional Advisor (legal advisor) to the Assembly, providing critical early drafts, while H.V.R. Iyengar served as the Secretary to the Constituent Assembly that operated under this elephant seal.
π History β’ Calligraphy
Q.24) The original English version of the Indian Constitution was handwritten in a flowing italic style by which calligrapher?
Ans > Prem Behari Narain Raizada
- The Master Calligrapher: Prem Behari Narain Raizada was a renowned master calligrapher who was entrusted with the monumental task of hand-writing the original English version of the Constitution. He wrote the entire document in a beautiful, flowing italic style, painstakingly using hundreds of specific nibs (number 303) specially imported from England for the project.
- Working Without Remuneration: When asked by Prime Minister Jawaharlal Nehru how much he would charge for this massive undertaking, Raizada famously refused any payment. He stated he did not need any money. His only condition for the job was that he be allowed to sign his own name on every single page, and his grandfather’s name on the final page of the document.
- Artistic Borders and Illumination: While Raizada focused entirely on the calligraphy of the text, the actual pages were heavily decorated and illuminated by a team of artists from Kala Bhavana, Shantiniketan. This artistic team was led by the famous painter Nand Lal Bose, and included Beohar Rammanohar Sinha, who beautifully illustrated the Preamble page.
π Amendments β’ Territories
Q.25) The 100th Constitutional Amendment Act (2015) modified the provisions relating to the territories of four states in the First Schedule. Which of the following is NOT one of those four states?
Ans > Mizoram
- Land Boundary Agreement: The 100th Constitutional Amendment Act of 2015 was enacted to give effect to the acquiring of certain territories by India and the transfer of certain other territories to Bangladesh. This was executed in pursuance of the Land Boundary Agreement of 1974 and its subsequent 2011 protocol between the two nations.
- The Enclave Exchange: The amendment facilitated a massive and complex exchange of enclaves to resolve a highly porous and historically disputed border. India officially transferred 111 enclaves to Bangladesh, and in return, Bangladesh transferred 51 enclaves to India. It also resolved disputes regarding “adverse possessions” and un-demarcated stretches of the border.
- Affected First Schedule States: Because the international borders were physically altered, the constitutional territory of the bordering Indian states had to be updated. This required amending the First Schedule provisions relating strictly to the territories of four specific states: Assam, West Bengal, Meghalaya, and Tripura. Mizoram, despite sharing a border with Bangladesh, was not affected by this specific land exchange.
π History β’ Constitution Making
Q.26) According to the text, the total expenditure incurred on making the Constitution amounted to:
Ans > 64 lakh
- Total Financial Cost: The total expenditure incurred on the extensive process of drafting and finalizing the Indian Constitution amounted to approximately βΉ64 lakh. While this might seem small by modern standards, it was a highly significant sum of money during the late 1940s, reflecting the massive administrative scale of the undertaking by the newly independent nation.
- Time and Labor Investment: This cost was spread out over a long gestation period. The Constituent Assembly took exactly 2 years, 11 months, and 18 days to complete its historic task. During this time, the Assembly held 11 extensive sessions, covering a total of 165 days, with 114 days devoted solely to the consideration of the Draft Constitution.
- Extensive Global Research: A major reason for the expenditure was the sheer volume of research and groundwork. The drafting committees critically examined the constitutions of about 60 different countries to borrow the best administrative practices. The funds also covered the costs of the Assembly sessions, numerous sub-committees, translation services, and the final physical production of the document.
π History β’ Interim Government
Q.27) In the Interim Government (1946), who held the portfolio of Home, Information & Broadcasting?
Ans > Sardar Vallabhbhai Patel
- Formation in 1946: The Interim Government of India was formed on September 2, 1946, drawn from the newly elected Constituent Assembly. Its primary purpose was to assist the transition of India (and eventually Pakistan) from British colonial rule to full independence, acting as an executive council while the constitution was being drafted.
- Sardar Patel’s Critical Role: In this interim cabinet, Sardar Vallabhbhai Patel was entrusted with the critical portfolios of Home, Information, and Broadcasting. Holding the Home portfolio was particularly vital during this period, as he was responsible for maintaining internal security, managing police forces, and preventing communal violence during the highly volatile months preceding Partition.
- Pre-Independence Cabinet Structure: This Interim Government functioned until August 15, 1947. The Viceroy of India served as the President of the Executive Council, while Jawaharlal Nehru was appointed as the Vice-President of the Council, effectively serving as the de facto Prime Minister. Dr. Rajendra Prasad, meanwhile, held the portfolio of Food and Agriculture.
π Constituent Assembly β’ Committees
Q.28) Who was the Chairman of the Union Powers Committee in the Constituent Assembly?
Ans > Jawaharlal Nehru
- Committee Structure: To handle the colossal task of framing the Constitution, the Constituent Assembly appointed several specialized committees to deal with different thematic areas of the document. There were 8 major committees and numerous minor committees, ensuring that specialized topics were debated extensively before being brought to the main assembly.
- Nehru’s Leadership Role: Jawaharlal Nehru, recognizing the importance of the national structure, chaired three of the most crucial major committees: the Union Powers Committee, the Union Constitution Committee, and the States Committee (which dealt with negotiating with princely states). His leadership heavily influenced the federal nature of the resulting document.
- Centralization Focus: The Union Powers Committee, under Nehru’s guidance, was instrumental in defining the federal structure of India. Reacting to the looming partition of the country, the committee leaned strongly towards establishing a powerful center with robust union powers to ensure national unity, integrity, and security, moving away from a highly decentralized model.
π States Reorganisation β’ Goa
Q.29) The State of Goa was created by separating the territory of Goa from the Union Territory of Goa, Daman and Diu in which year?
Ans > 1987
- Liberation and UT Status: Goa was not part of India upon independence in 1947. It was liberated from Portuguese colonial rule much later, in 1961, through military action known as ‘Operation Vijay’. Following its annexation, Goa, Daman, and Diu were combined and established as a single Union Territory by the 12th Constitutional Amendment Act in 1962.
- 1987 Reorganisation: After decades of functioning as a Union Territory, political demands for statehood culminated in 1987. The territory was bifurcated by the Goa, Daman and Diu Reorganisation Act of 1987. Through this act, Goa was granted full statehood, officially becoming the 25th state of the Indian Union on May 30, 1987.
- Separation of Territories: While Goa successfully achieved statehood, the territories of Daman and Diu did not share the same geographical contiguousness or demographic size. Consequently, Daman and Diu were kept separate from the newly formed state and continued to be administered directly by the central government as a distinct Union Territory.
π Amendments β’ States Reorganisation
Q.30) Which Constitutional Amendment Act elevated the Union Territory of Arunachal Pradesh to the status of a State (the 24th state)?
Ans > 55th Amendment Act (1986)
- Previous Status as NEFA: Before achieving full statehood, the region of Arunachal Pradesh was known as the North-East Frontier Agency (NEFA). Following the reorganization of the North-Eastern region, it was upgraded from an agency to a Union Territory in 1972, laying the administrative groundwork for its future integration as a full state.
- 55th Amendment Act 1986: The 55th Constitutional Amendment Act of 1986 officially elevated Arunachal Pradesh to the status of a full-fledged State (making it the 24th state of India). Because the question specifically asks for the Constitutional Amendment Act rather than the ordinary reorganization act, the 55th Amendment is the legally correct answer.
- Special Constitutional Provisions: Elevating Arunachal Pradesh required adding special safeguards due to its sensitive border location. The 55th Amendment inserted Article 371-H into the Constitution. This article grants special responsibility and discretionary powers to the Governor of Arunachal Pradesh specifically with respect to maintaining law and order, ensuring stability in this strategically vital frontier state.
π Quick Summary β Polity Set 37
- Prohibition: Writ to forbid a lower court from exceeding jurisdiction.
- Quo-Warranto: Writ asking ‘by what authority’ one claims public office.
- Article 33: Only Parliament can restrict fundamental rights of armed forces.
- Article 34: Restricts fundamental rights during Martial Law.
- Ninth Schedule: Added by 1st Amendment to protect land reform laws from judicial review.
- Article 31C: Saves laws implementing DPSP clauses 39(b) and (c).
- DPSPs Origin: Borrowed from Ireland, originally from the Spanish Constitution.
- Instrument of Instructions: Ambedkar equated DPSPs to guidelines in the Govt of India Act 1935.
- Article 40 (Panchayats): Classified as a Gandhian Principle.
- Article 44 (UCC): Classified as a Liberal-Intellectual Principle.
- 42nd Amendment: Added Article 48A (environment protection) among others.
- 97th Amendment: Added Article 43B for Co-operative societies.
- Champakam Dorairajan (1951): Ruled Fundamental Rights prevail over DPSPs.
- Minerva Mills (1980): Constitution bedrock is the balance between FRs and DPSPs.
- Article 335: Mandates considering SC/ST claims for services (outside Part IV).
- Article 350-A: Mother-tongue instruction at primary stage (outside Part IV).
- First Schedule: Contains names and territories of States and UTs.
- Third Schedule: Contains forms of Oaths/Affirmations (excluding President/VP/Governor).
- Eleventh Schedule: Contains 29 functional items for Panchayats (73rd Amendment).
- Part IX-B: Covers Co-operative societies (Articles 243-ZH to 243-ZT).
- Part XX: Deals solely with Constitutional Amendments.
- Article 368: Falls under Part XX; details amendment procedures.
- Elephant: Adopted as the seal of the Constituent Assembly.
- Prem Behari Narain Raizada: The master calligrapher of the English Constitution.
- 100th Amendment: Modified borders for Assam, West Bengal, Meghalaya, Tripura (Not Mizoram).
- Total Cost: 64 lakh rupees spent on making the Constitution.
- Sardar Patel: Held Home, Information & Broadcasting in the 1946 Interim Govt.
- Jawaharlal Nehru: Chairman of the Union Powers Committee.
- Goa Statehood: Became a full state in 1987.
- Arunachal Pradesh: Elevated to statehood via the 55th Amendment Act (1986).
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