Polity Set 47
π
π Historical Background
Q.1) The Indian Councils Act of 1861 empowered the Viceroy to make rules and orders for the more convenient transaction of business in the council. This gave recognition to which system introduced by Lord Canning?
Ans > B) Portfolio system
- Informal Introduction: Lord Canning originally introduced the portfolio system informally in 1859, shortly after taking over the administration following the Revolt of 1857.
- Statutory Recognition: The Indian Councils Act of 1861 provided the official legal backing to this system, effectively laying the foundation for cabinet government in India.
- Mechanism of Functioning: Under this structural change, individual members of the Viceroyβs Executive Council were assigned specific government departments, making them directly responsible for those sectors.
- Final Decision-Making Power: The designated member was empowered to issue final orders on behalf of the entire council concerning matters within their allocated department.
- Administrative Efficiency: This system replaced the older, slower method where the entire council had to deliberate on every minor administrative issue.
π Historical Background
Q.2) Which Act considerably increased the size of the legislative councils, raising the number of members in the Central legislative council from 16 to 60?
Ans > C) Indian Councils Act of 1909
- Popular Name: This legislation is widely known in history as the Morley-Minto Reforms, named after the Secretary of State for India (John Morley) and the Viceroy of India (Lord Minto).
- Provincial Expansion: While the Central Legislative Council jumped from 16 to 60 members, the sizes of the provincial legislative councils were also significantly expanded.
- Retention of Official Majority: Despite the massive increase in numbers, the British government retained an “official majority” in the Central Legislative Council.
- Introduction of Communal Electorates: The most controversial aspect of this act was the legal recognition of communalism by establishing separate electorates for Muslims.
- Father of Communal Electorate: Because of this divisive policy, Lord Minto came to be known as the “Father of Communal Electorate” in India.
π Historical Background
Q.3) Under the Government of India Act of 1919, the provincial subjects were divided into transferred and reserved subjects. This dual scheme of governance was known as:
Ans > B) Dyarchy
- Origin of the Term: The word “dyarchy” is derived from the Greek word “di-arche,” which translates directly to “double rule.”
- Transferred Subjects Structure: The transferred subjects (like health, education) were administered by the provincial Governor with the aid of Indian ministers responsible to the legislative council.
- Reserved Subjects Structure: The reserved subjects (like police, justice, land revenue) were controlled directly by the Governor and his executive council, operating without responsibility to the legislature.
- Failure of the System: The dyarchy system proved to be highly unsuccessful and unpopular because ministers had responsibility without real financial power.
- Montagu-Chelmsford Reforms: This administrative framework was a direct result of the Montagu-Chelmsford Reforms.
π Historical Background
Q.4) The Simon Commission (1927) submitted its report in 1930 and recommended the abolition of dyarchy and the extension of responsible government in the provinces. Which of the following did it also recommend?
Ans > B) Continuation of communal electorate
- Composition of the Commission: The Simon Commission was a seven-member statutory body chaired by Sir John Simon. All seven members were British.
- Mass Boycott: Because there were no Indian representatives, all major political parties, including the Congress and the Muslim League, boycotted it under the slogan “Simon Go Back.”
- Recommendations on Federation: Alongside continuing communal electorates, the commission strongly recommended the establishment of a federation comprising British Indian provinces and princely states.
- White Paper on Constitutional Reforms: The proposals were subsequently synthesized into a “White Paper on Constitutional Reforms” for the British Parliament.
- Influence on the 1935 Act: The recommendations of this deeply unpopular commission fundamentally shaped the drafting of the Government of India Act of 1935.
π Historical Background
Q.5) The Government of India Act of 1935 divided the powers between the Centre and units. The Concurrent List for both the Centre and provinces contained how many items?
Ans > A) 36 items
- Three-Fold Distribution: The 1935 Act introduced a highly detailed three-fold distribution of legislative powers to manage the complex administrative needs of the proposed All-India Federation.
- Federal List Details: The Federal List (59 items) was meant exclusively for the Central government, covering external affairs, currency, and defense.
- Provincial List Details: The Provincial List (54 items) covered localized subjects like police, provincial public services, and education.
- Concurrent List Utility: The Concurrent List contained 36 items where both the central and provincial legislatures could make laws (e.g., criminal law and marriage).
- Legacy in Modern India: This exact concept of three lists was heavily borrowed by the drafters of the modern Indian Constitution in the Seventh Schedule.
π Historical Background
Q.6) Under the Government of India Act of 1935, residuary powers were given to the:
Ans > D) Viceroy
- Definition of Residuary Powers: Residuary powers refer to the legislative authority to make laws on any subject matter not explicitly mentioned in the Federal, Provincial, or Concurrent lists.
- Vesting in the Viceroy: To maintain absolute executive control over unforeseen issues, the British Parliament deliberately vested these powers entirely in the Governor-General (Viceroy).
- Discretionary Authority: The Viceroy could exercise this residuary power at his own absolute discretion, without needing the advice or approval of his ministers.
- Contrast with Other Federations: In the US, residuary powers are vested in the states; in Canada, in the federal center. The 1935 Act uniquely vested them in a single colonial executive.
- Modern Constitutional Shift: In the present-day Constitution of India (under Article 248), residuary powers are explicitly granted to the Parliament.
π Historical Background
Q.7) The Indian Independence Act of 1947 designated the Governor-General of India and the provincial governors as what type of heads?
Ans > B) Constitutional (nominal) heads
- Loss of Veto Power: The 1947 Act stripped the Governor-General and provincial governors of their veto powers and their ability to reserve bills for the British monarch’s approval.
- Advice of the Council of Ministers: As constitutional heads, they were now legally bound to act on the advice of their respective council of ministers in all matters of governance.
- Transition of Sovereignty: This marked the definitive end of the British Crown’s sovereignty over India, transferring real executive power entirely to the elected political leaders.
- Mountbatten’s Role: Lord Mountbatten became the first Governor-General of the new Dominion of India under this nominal framework.
- Title Drop: The title “Emperor of India” was permanently dropped from the royal titles of the King of England.
π Constituent Assembly
Q.8) In the Constituent Assembly formed in 1946, seats allocated to each British province were to be divided among which three principal communities in proportion to their population?
Ans > B) Muslims, Sikhs, and General
- Cabinet Mission Blueprint: The structural composition and the communal division of the Constituent Assembly were strictly dictated by the Cabinet Mission Plan of 1946.
- Definition of ‘General’: In this classification, the “General” category was a catch-all group comprising Hindus, Indian Christians, Parsis, Anglo-Indians, and all other communities outside of Muslims and Sikhs.
- Proportional Representation: The seats were allocated to these three groups exactly in proportion to their population in each province.
- Method of Election: Members were elected indirectly by the provincial legislative assemblies using proportional representation by means of a single transferable vote.
- Total Seat Breakdown: Out of the 296 seats allotted to British India, the vast majority fell into the General category, heavily dominated by the Congress.
π Constituent Assembly
Q.9) The historic ‘Objectives Resolution’, declaring the resolve to proclaim India an Independent Sovereign Republic, was adopted unanimously by the Assembly on:
Ans > B) January 22, 1947
- Moving the Resolution: Pandit Jawaharlal Nehru formally introduced the Objectives Resolution to the Constituent Assembly on December 13, 1946, just days after its first session began.
- Philosophical Foundation: The resolution explicitly laid down the fundamental philosophy, political structure, and guiding principles of the constitutional structure that was to be built.
- Unanimous Adoption: After intense deliberation and waiting for the Muslim League to join (which they refused), the Assembly unanimously adopted the resolution on January 22, 1947.
- Core Ideals: It promised justice, equality of status and opportunity, and guaranteed basic freedoms of thought, expression, belief, faith, and worship.
- Evolution into the Preamble: The modified version of this very Objectives Resolution forms the Preamble of the present Indian Constitution.
π Constituent Assembly
Q.10) What function did the Constituent Assembly perform whenever it met and was chaired by G.V. Mavlankar?
Ans > C) It met as the legislative body to enact ordinary laws
- Dual Role Necessity: After the Indian Independence Act of 1947, the Constituent Assembly became fully sovereign and took on two distinct roles: drafting the constitution and running the country.
- First Parliament: This dual responsibility essentially made the Constituent Assembly the very first Parliament (Dominion Legislature) of independent India.
- Division of Leadership: Dr. Rajendra Prasad chaired the meetings when drafting the constitution, while G.V. Mavlankar chaired when they met as a law-making body.
- First Speaker: Because of this role, Ganesh Vasudev Mavlankar is historically recognized as the first-ever Speaker of the Lok Sabha in independent India.
- Duration of Legislative Function: This dual capacity continued seamlessly until the Constitution was adopted on November 26, 1949.
π Constituent Assembly
Q.11) Who was the Chairman of the Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas?
Ans > A) Sardar Patel
- Importance of the Committee: This was one of the largest and most critical committees of the Constituent Assembly, tasked with navigating highly sensitive issues of minority rights and civil liberties.
- Sub-Committee Structure: Because its mandate was so vast, the committee was divided into five smaller sub-committees to handle specific nuances like tribal areas and fundamental rights separately.
- Patel’s Unifying Role: Sardar Vallabhbhai Patelβs leadership was vital; he successfully convinced various minorities to give up demands for separate electorates in favor of a unified nation.
- Fundamental Rights Drafting: Under Patel’s overarching leadership, J.B. Kripalani chaired the specific sub-committee that drafted the initial list of justiciable Fundamental Rights (Part III).
- Minority Protections: The committee’s work ensured protective provisions for Anglo-Indians, Scheduled Castes, and Scheduled Tribes.
π Constituent Assembly
Q.12) Who was the Chairman of the North-West Frontier Tribal Areas Sub-Committee in the Constituent Assembly?
Ans > C) The name of the Chairman is not found in the referenced documents.
- Sub-Committee Allocation: This specific sub-committee was originally planned as one of the five branches of Sardar Patel’s overarching Advisory Committee.
- Geographical Relevance: The North-West Frontier Province (NWFP) was a highly sensitive border region with unique tribal dynamics.
- Impact of Partition: During the drafting process, the political landscape shifted drastically. A referendum was held in the NWFP to determine its future following the Mountbatten Plan of 1947.
- Integration with Pakistan: The majority of the NWFP populace voted to join Pakistan, removing the territory entirely from India’s constitutional jurisdiction.
- Dormant Committee: Because the territory was no longer part of India, this sub-committee became obsolete before it could begin substantial work.
π Constituent Assembly
Q.13) In total, the Constituent Assembly had how many sessions over two years, 11 months, and 18 days?
Ans > B) 11 sessions
- Extensive Deliberation: The constitutional drafting process was an exhaustive exercise; the Assembly convened for exactly 11 extensive sessions over a span of 2 years, 11 months, and 18 days.
- Consideration of Draft: Out of this total time frame, the Assembly spent a rigorous 114 days entirely dedicated to the clause-by-clause consideration of the Draft Constitution alone.
- Global Research: The makers did not work in isolation; they extensively studied and evaluated the constitutions of nearly 60 different countries.
- Financial Expenditure: The total financial cost incurred in the lengthy process of researching, drafting, and finalizing the Indian Constitution was approximately βΉ64 lakh.
- Final Assembly: The Assembly met one final time on January 24, 1950, solely to sign the completed document and adopt the national anthem and song.
π Salient Features
Q.14) The 42nd Amendment Act (1976) is known as the ‘Mini-Constitution’. However, the Supreme Court ruled in the Kesavananda Bharati case (1973) that Parliament cannot alter the:
Ans > C) Basic structure of the Constitution
- Landmark Ruling: The Kesavananda Bharati v. State of Kerala (1973) case was decided by the largest bench in Indian legal history, comprising 13 Supreme Court judges.
- Creation of the Doctrine: The judgment established the “Basic Structure Doctrine,” stating that Parliament cannot destroy its fundamental foundational architecture.
- 42nd Amendment Pushback: In 1976, during the Emergency, the 42nd Amendment attempted to explicitly state that there is no limitation on Parliament’s amending power, bypassing this doctrine.
- Minerva Mills Reaffirmation: In the subsequent Minerva Mills case (1980), the Supreme Court struck down that specific clause of the 42nd Amendment, permanently cementing the Basic Structure.
- Examples of Basic Structure: Features like secularism, democracy, federalism, judicial review, and the rule of law are untouchable parts of this basic structure.
π Sources of Constitution
Q.15) The Indian Constitution borrows the concept of ‘nomination of members to Rajya Sabha’ from the Constitution of:
Ans > C) Ireland
- Expert Representation: Taking inspiration from the Irish Constitution, the Indian President is empowered to nominate 12 distinguished members to the Rajya Sabha (Council of States).
- Specific Fields of Excellence: These nominations are strictly reserved for individuals having special knowledge or practical experience in Art, Literature, Science, and Social Service.
- Bypassing Elections: The rationale behind this borrowing was to provide a constitutional mechanism for eminent experts and scholars to contribute to the legislative process without fighting elections.
- Other Irish Borrowings: India also heavily borrowed the concept of Directive Principles of State Policy (DPSP) and the method of the President’s election from Ireland.
- Irish Origins: Interestingly, the Irish Constitution itself had borrowed the core philosophy of the Directive Principles of State Policy from the Spanish Constitution.
π Sources of Constitution
Q.16) The Indian Constitution borrows the concept of ‘suspension of Fundamental Rights during Emergency’ from the Constitution of:
Ans > B) Weimar Germany
- Specific Borrowing: While the general administrative framework for emergencies was taken from the Government of India Act 1935, the specific draconian concept of suspending citizen rights came from the Weimar Republic of Germany.
- Presidential Power: Under Article 359, the President is granted the immense power to suspend the right to move any court for the enforcement of Fundamental Rights during a National Emergency.
- Historical Misuse Context: The Weimar Constitutionβs emergency provisions (Article 48) were famously exploited by Adolf Hitler; Indian framers adapted the concept cautiously.
- 44th Amendment Safeguards: Following the 1975-1977 Emergency, the 44th Amendment Act (1978) restricted this power, ensuring that rights under Articles 20 and 21 can never be suspended.
- State vs. Citizen: This borrowed feature fundamentally alters the federal structure during crises, temporarily transforming India into a unitary state.
π Salient Features
Q.17) The Indian Constitution opted for the British Parliamentary System. The parliamentary system is also known as the:
Ans > B) Westminster Model
- Origin of the Name: The system is named after the Palace of Westminster in London, which is the historic meeting place of the Parliament of the United Kingdom.
- Executive Accountability: The core defining feature of this model is the strict accountability of the executive branch (the Prime Minister and Council of Ministers) to the legislative branch (the Lok Sabha).
- Prime Ministerial Government: Because the Prime Minister wields the actual executive power, political scientists frequently refer to the Westminster model as “Prime Ministerial Government.”
- Dual Executive Concept: It features two heads: a nominal or titular head (President in India, Monarch in UK) and a real, functional head (Prime Minister).
- Dissolution of the Lower House: Unlike the fixed terms in a Presidential system, the lower house in a Westminster model can be dissolved by the executive before its term ends to call for fresh elections.
π Salient Features
Q.18) The Fundamental Rights enshrined in Part III of the Constitution are meant for promoting the ideal of:
Ans > C) Political democracy
- Protection Against State Tyranny: Fundamental Rights (Articles 12-35) exist primarily to prevent the establishment of an authoritarian regime, safeguarding citizens from the arbitrary actions of the State.
- Establishing Rule of Law: They operate as strict limitations on the tyranny of the executive and the arbitrary laws of the legislature.
- Justiciable Nature: Unlike other parts of the constitution, these rights are justiciable. A citizen can directly approach the Supreme Court (Article 32) or High Courts (Article 226).
- Inspiration from Abroad: The framers drew heavy inspiration for this section from the Bill of Rights in the United States Constitution.
- Political Equality: By guaranteeing freedoms like speech, assembly, and equal protection under the law, they ensure every citizen can actively participate in the country’s political process.
π Salient Features
Q.19) The Directive Principles of State Policy are enumerated in Part IV of the Constitution. They are meant for promoting the ideal of:
Ans > B) Social and economic democracy
- Welfare State Vision: The primary objective of the DPSP is to establish a “welfare state” in India, shifting away from the oppressive “police state” model.
- Non-Justiciable Nature: Unlike Fundamental Rights, these directives are legally non-justiciable. Citizens cannot take the government to court for failing to implement them (Article 37).
- Moral Obligation: Dr. B.R. Ambedkar declared them to be “fundamental in the governance of the country,” placing a heavy moral obligation on the state to apply them in law-making.
- Three Broad Categories: Scholars broadly group them into three ideological categories: Socialistic, Gandhian, and Liberal-Intellectual directives.
- Instrument of Instructions: They heavily resemble the ‘Instrument of Instructions’ issued to colonial governors under the Government of India Act of 1935.
π Salient Features
Q.20) The 73rd and 74th Constitutional Amendment Acts (1992) added which unique tier of Government that is not found in any other Constitution of the world?
Ans > C) Third-tier (local) government
- Constitutional Innovations: These amendments structurally transformed India from a two-tier federation to an unprecedented three-tier federation.
- The 73rd Amendment (Rural): Passed to empower rural areas, this act added Part IX, institutionalizing the Panchayati Raj system and adding the 11th Schedule.
- The 74th Amendment (Urban): This companion act added Part IX-A, giving constitutional backing to urban local bodies (Municipalities) and adding the 12th Schedule.
- Mandatory Elections: Both amendments made it mandatory to hold regular local elections every five years under a State Election Commission.
- Women’s Reservation: A globally recognized milestone of these acts was the strict mandate reserving at least one-third (33%) of all local government seats exclusively for women.
π Criticism
Q.21) Sir Ivor Jennings, criticizing the Indian Constitution, called it a “paradise” for whom?
Ans > C) Lawyers
- Prominent Critic: Sir Ivor Jennings was a highly respected British constitutional scholar who found the newly drafted Indian Constitution to be overly long and complicated.
- Legalistic Language: He coined the term “Lawyer’s Paradise” because the document is written in highly complex, technical, and dense legal jargon.
- Dominance of Legal Minds: This extreme complexity occurred largely because the Constituent Assembly was overwhelmingly dominated by prominent lawyers and legal luminaries.
- Litigation Warning: Jennings correctly predicted that the intricate legal phrasing would lead to massive, continuous constitutional litigation.
- Unprecedented Bulk: At its inception, it was the longest written constitution in the world, containing 395 Articles and 8 Schedules.
π Criticism
Q.22) According to K. Hanumanthaiya, a member of the Constituent Assembly, the Indian Constitution is un-Gandhian because it does not contain the philosophy of Mahatma Gandhi and was not built upon:
Ans > C) Village panchayats and district panchayats
- Gandhian Vision Ignored: Mahatma Gandhi envisioned a decentralized, bottom-up administrative structure for India where self-sustaining village republics (Panchayats) formed the base.
- Hanumanthaiya’s Critique: K. Hanumanthaiya famously lamented during the assembly debates: “We wanted the music of Veena or Sitar, but here we have the music of an English band.”
- Ambedkar’s Stance: Dr. B.R. Ambedkar heavily opposed the Gandhian model, viewing Indian villages as dens of ignorance, preferring a strong centralized state.
- Compromise in DPSP: Due to severe backlash, the drafters reluctantly included Article 40 in the Directive Principles, asking the state to organize village panchayats, but without binding legal force.
- Delayed Realization: It took more than four decades after independence for Gandhi’s vision to be fully realized with the 73rd Constitutional Amendment Act in 1992.
π Preamble
Q.23) The Preamble secures to all citizens of India Equality of:
Ans > B) Status and opportunity
- Absence of Special Privileges: In the context of the Preamble, ‘Equality’ dictates the absolute absence of special privileges for any specific individual, class, or community.
- Three Dimensions: The Constitution strives to provide equality of status and opportunity across three distinct dimensions: civic, political, and economic equality.
- Civic Equality in Action: The Fundamental Rights (Articles 14 to 18) directly enforce this ideal by ensuring equality before the law and prohibiting state discrimination.
- Political Equality Mechanism: Articles 325 and 326 secure political equality by ensuring no person is excluded from electoral rolls based on religion/caste, granting universal adult suffrage.
- Economic Opportunity: Article 39 (under DPSP) directs the state to secure economic equality by ensuring equal pay for equal work.
π Preamble
Q.24) The term ‘Fraternity’ in the Preamble means a sense of brotherhood. The Constitution promotes this feeling primarily by the system of:
Ans > C) Single citizenship
- Overcoming Diversity: ‘Fraternity’ was written into the Preamble to actively promote psychological unity and brotherhood among India’s massively diverse groups.
- Mechanism of Single Citizenship: Unlike the US, the Indian Constitution deliberately allows only one national citizenship to prevent regionalism and state loyalties from dividing the people.
- Role of Fundamental Duties: The 42nd Amendment (1976) reinforced this concept by adding Article 51A, making it a fundamental duty to promote common brotherhood.
- Two-fold Objective: Dr. Ambedkar stated that fraternity must assure two things: the dignity of the individual and the unity and integrity of the nation.
- Eradication of Social Evils: The constitutional abolition of untouchability (Article 17) and titles (Article 18) are practical applications to remove societal hierarchies.
π Union & Territory
Q.25) Which Article describes India, that is, Bharat as a ‘Union of States’ rather than a ‘Federation of States’?
Ans > A) Article 1
- Dual Naming Convention: Article 1 of the Constitution officially recognizes both names for the country: “India” (the modern name) and “Bharat” (the traditional name).
- Deliberate Word Choice: Dr. B.R. Ambedkar explicitly insisted on using the phrase ‘Union of States’ instead of ‘Federation of States’ to send a strong legal and political message.
- Not an Agreement: Unlike the United States, the Indian federation is not the result of an agreement or treaty among formerly independent sovereign states.
- No Right to Secede: The phrase firmly establishes that no state has the constitutional right to secede or break away from the Indian Union.
- Administrative Divisions: While the country is a singular, indestructible union, it is divided into various states purely for the convenience of administration.
π Union & Territory
Q.26) Under Article 3, Parliament can redraw the political map of India without the consent of the states concerned. Therefore, India is rightly described as:
Ans > C) An indestructible union of destructible states
- Parliamentary Supremacy: Under Article 3, the Central Parliament has the absolute authority to form new states or alter boundaries by a simple legislative majority.
- State Consent is Illusory: While the President must refer such a reorganization bill to the concerned state legislature for its views, Parliament is not bound to accept those views.
- Loss of State Identity: Because the center can unilaterally erase a state’s borders, the states in India possess no territorial integrity guarantee, making them “destructible.”
- Contrast with the USA: The United States of America is described as an “indestructible union of indestructible states” because the federal government cannot alter a state’s boundary without consent.
- Preserving National Unity: The framers gave this extreme power to the center to allow for linguistic and administrative reorganization without legal vetoes from regional leaders.
π Union & Territory
Q.27) The 100th Constitutional Amendment Act (2015) involved the transfer of 111 enclaves to Bangladesh and Bangladesh transferred how many enclaves to India?
Ans > C) 51 enclaves
- Implementation of the LBA: The 100th Amendment formally operationalized the historic Land Boundary Agreement (LBA) originally signed between India and Bangladesh in 1974.
- Resolving the Chhitmahal Crisis: The amendment solved a complex border dispute regarding enclaves (chhitmahals)βpieces of land entirely surrounded by the other country’s territory.
- Unequal Land Transfer: India transferred 111 enclaves comprising roughly 17,160 acres to Bangladesh, while Bangladesh transferred 51 enclaves comprising about 7,110 acres to India.
- Ending Statelessness: For over 60 years, the roughly 50,000 residents living in these pockets had essentially been stateless.
- Amending the First Schedule: The amendment legally required modifications to the First Schedule relating to Assam, West Bengal, Meghalaya, and Tripura.
π Union & Territory
Q.28) In 1950, the Constitution contained a four-fold classification of the states and territories. Part A states comprised:
Ans > C) Nine erstwhile governor’s provinces of British India
- Original Categorization: When the Constitution was inaugurated in 1950, the territories were complexly divided into Part A, Part B, Part C, and Part D states.
- Part A Demographics: Part A states consisted of the nine major former Governor’s provinces of British India, fully governed by an elected legislature and a state Governor.
- Part B Demographics: Part B states comprised nine erstwhile princely states that had legislatures, governed by a “Rajpramukh.”
- Part C and D Demographics: Part C were centrally administered former Chief Commissionerβs provinces. Part D exclusively contained the Andaman and Nicobar Islands.
- Abolition of the System: This cumbersome four-fold classification was entirely scrapped by the 7th Constitutional Amendment Act of 1956.
π Union & Territory
Q.29) The State of Goa was created in 1987 by separating its territory from the Union Territory of Goa, Daman and Diu. It became which state of the Indian Union?
Ans > D) 25th state
- Portuguese Occupation: Goa, Daman, and Diu were under Portuguese colonial rule for over 400 years and did not gain independence along with the rest of India in 1947.
- Operation Vijay (1961): The Indian government finally liberated these territories using military action in December 1961, famously code-named ‘Operation Vijay’.
- Status as a Union Territory: Following liberation, the 12th Constitutional Amendment Act (1962) officially integrated them into the Indian Union as a single Union Territory.
- Bifurcation and Statehood: In 1987, due to persistent demands, the government passed the Goa, Daman and Diu Reorganisation Act.
- Creation of the 25th State: This act conferred full statehood on Goa, making it the 25th state, while Daman and Diu continued as a Union Territory.
π Union & Territory
Q.30) The union territory of Jammu and Kashmir, created by the Jammu and Kashmir Reorganisation Act of 2019, comprises all the districts of the erstwhile state EXCEPT:
Ans > C) Kargil and Leh
- Abrogation of Article 370: In August 2019, the Government of India revoked the special autonomous status granted to Jammu and Kashmir under Article 370.
- First State to UT Downgrade: The Reorganisation Act marked the first time in Indian history that a full-fledged state was downgraded and bifurcated into Union Territories.
- Division of Territory: The massive erstwhile state was split into two separate administrative units: the UT of Jammu and Kashmir, and the UT of Ladakh.
- Transfer of Districts: The remote, high-altitude districts of Kargil and Leh were entirely carved out to form the new Union Territory of Ladakh.
- Legislative Differences: While the UT of Jammu and Kashmir was granted its own legislative assembly, the UT of Ladakh was created without a legislature.
π Quick Summary β Polity Set 47
- 1861 Councils Act: Legally recognized Lord Canning’s Portfolio system.
- 1909 Act (Morley-Minto): Increased Central Legislative Council from 16 to 60 members.
- 1919 Act (Montagu-Chelmsford): Introduced Dyarchy (transferred vs. reserved subjects) in provinces.
- Simon Commission (1927): Boycotted by Indians; recommended continuing communal electorates.
- 1935 Act Lists: Established a 36-item Concurrent List for shared legislation.
- 1935 Residuary Powers: Vested completely in the Viceroy, unlike modern federal systems.
- 1947 Independence Act: Designated the Governor-General as merely a Constitutional (nominal) head.
- 1946 Constituent Assembly: Seats proportionally divided among Muslims, Sikhs, and General.
- Objectives Resolution: Unanimously adopted on January 22, 1947, becoming the Preamble’s basis.
- Dual Role of Assembly: Functioned as a legislative body when chaired by G.V. Mavlankar.
- Advisory Committee Chair: Sardar Patel led the massive committee on Fundamental Rights and Minorities.
- NWFP Sub-Committee: Became obsolete after the North-West Frontier voted to join Pakistan.
- Assembly Sessions: Held 11 intensive sessions over 2 years, 11 months, and 18 days.
- Kesavananda Bharati (1973): Ruled that Parliament cannot alter the Basic Structure of the Constitution.
- Rajya Sabha Nominations: The concept of nominating 12 expert members was borrowed from Ireland.
- Emergency Rights Suspension: Borrowed from the Weimar Republic (Germany) Constitution.
- British Parliamentary System: Often referred to as the Westminster Model or Prime Ministerial Government.
- Fundamental Rights (Part III): Essential for establishing and promoting political democracy.
- DPSP (Part IV): Designed to promote a welfare state through social and economic democracy.
- 73rd/74th Amendments (1992): Created a globally unique third-tier (local) government system.
- Sir Ivor Jennings’ Critique: Called the incredibly dense Indian Constitution a “Lawyer’s Paradise”.
- Un-Gandhian Critique: Opponents argued it lacked decentralization based on village panchayats.
- Preamble’s Equality: Secures the equality of status and opportunity for all citizens.
- Preamble’s Fraternity: A sense of brotherhood actively promoted through single national citizenship.
- Article 1: Describes India (Bharat) explicitly as an indestructible ‘Union of States’.
- Article 3 Reorganization: India is an “indestructible union of destructible states” due to central power.
- 100th Amendment (2015): Exchanged enclaves with Bangladesh (India received 51 enclaves).
- 1950 Classification: Part A states comprised the nine major erstwhile British governor’s provinces.
- State of Goa (1987): Conferred statehood, becoming the 25th state of the Indian Union.
- J&K Reorganisation (2019): Split the state into UTs, assigning Kargil and Leh to Ladakh.
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