INDIAN CONSTITUTION

(MVJ22ICOH17)
ASSIGNMENT QUESTIONS ALONG WITH ANSWERS
Shortened Version

ASSIGNMENT-1
1. Draw the latest structure of Indian Constitution (Schedules, Parts,
Amendments)
Ans: The Indian Constitution is a detailed framework for governance, organized into 25 Parts and
12 Schedules, and has been amended 105 times, with the latest being in 2021.
Parts Overview:
• Part I: Union and Territory (Articles 1-4)
• Part II: Citizenship (Articles 5-11)
• Part III: Fundamental Rights (Articles 12-35)
• Part IV: Directive Principles (Articles 36-51)
• Part IV-A: Fundamental Duties (Article 51A)
• Part V: The Union (Articles 52-151)
• Part VI: The States (Articles 152-237)
• Part VIII: Union Territories (Articles 239-242)
• Part IX: Panchayats (Articles 243-243O)
• Part IX-A: Municipalities (Articles 243P-243ZG)
• Parts X to XXII: Cover various topics like emergency provisions, amendments, and special
provisions.
Schedules Overview:
• First Schedule: Lists states and territories.
• Second Schedule: Emoluments of authorities.
• Third Schedule: Oaths for office.
• Seventh Schedule: Union, State, and Concurrent Lists.
• Others: Address various administrative and legal matters.
Amendments: Amendments can be made through a simple majority, a special majority, or require
state ratification, as outlined in Article 368.

2. Explain the borrowed features of Indian Constitution from the

constitution of various countries.
Ans: The Indian Constitution incorporates various features from other countries, creating a unique
blend of principles.
1. British Constitution:
• Parliamentary System: India has a parliamentary governance structure with a dual
executive of the President and Prime Minister.
• Rule of Law: Ensures that all individuals are subject to the law, foundational to both
systems.
2. American Constitution:
 • Fundamental Rights: Inspired by the U.S. Bill of Rights, it guarantees rights like
equality and freedom of speech.
• Judicial Review: Allows the judiciary to invalidate laws conflicting with the
Constitution.
3. Irish Constitution:
• Directive Principles of State Policy: Guides the state toward social justice, though
not legally enforceable.
• Fundamental Duties: Citizens' duties are reflected similarly in the Irish framework.
4. Canadian Constitution:
• Federal Structure: Divides powers between central and state governments, akin to
Canada’s model.
• Legislative Powers: Organizes subjects into Union, State, and Concurrent Lists,
influenced by Canadian principles.
5. French Constitution:
• Liberty, Equality, Fraternity: These ideals from the French Revolution are
embedded in the Preamble.
• Emergency Provisions: Similar mechanisms for declaring a state of emergency
exist.
6. German Constitution:
• Basic Structure Doctrine: Prevents amendments to certain fundamental aspects,
resembling Germany’s “eternity clause.”
• Welfare State: Emphasizes social welfare provisions.
7. Japanese Constitution:
• Dignity of the Individual: Highlights individual rights and dignity, aligning with
India’s commitment to personal freedoms.
• Peace Clause: Reflects India’s non-violent foreign policy, paralleling Japan’s
pacifist principles.

3. Explain briefly, the Preamble of India.

Ans: The Preamble to the Indian Constitution is a foundational statement that reflects the core
values and aspirations of the nation.
Key Components:
1. We, the People of India: This phrase asserts that the Constitution derives its authority from
the citizens, emphasizing India's democratic foundation.
2. Objectives: The Preamble outlines four main goals:
• Justice: Promotes social, economic, and political justice for all.
• Liberty: Ensures individual freedoms in thought, expression, belief, and worship.
• Equality: Guarantees equal status and opportunity, prohibiting discrimination.
• Fraternity: Encourages a sense of brotherhood and unity among citizens.
3. Sovereign, Socialist, Secular, and Democratic Republic: These terms highlight India’s
commitments:
• Sovereignty: Independent governance free from external interference.
 • Socialism: Focus on social ownership and welfare.
• Secularism: Separation of religion from state affairs.
• Democracy: Governance through elected representatives.
Significance: The Preamble serves as a guiding framework for interpreting the Constitution,
embodying the vision of a just, free, and inclusive society. It lays the groundwork for citizens' rights
and duties, articulating the essential principles that guide the Indian state and its democratic ethos.

4. Explain Fundamental Rights in detail.

Ans: Fundamental Rights, enshrined in Part III of the Indian Constitution (Articles 12-35), are
essential for protecting individual freedoms and dignity. They serve as safeguards against arbitrary
state actions. Here’s an overview:
1. Right to Equality (Articles 14-18):
• Article 14: Guarantees equality before the law and equal protection of laws.
• Article 15: Prohibits discrimination based on religion, race, caste, sex, or birthplace.
• Article 16: Ensures equality of opportunity in public employment.
• Article 17: Abolishes untouchability.
• Article 18: Prohibits titles, except for military and academic distinctions.
2. Right to Freedom (Articles 19-22):
• Article 19: Ensures freedoms of speech, assembly, association, movement,
residence, and profession.
• Article 20: Protects against double jeopardy and self-incrimination.
• Article 21: Guarantees the right to life and personal liberty, ensuring due process.
• Article 21A: Ensures the right to education for children aged 6 to 14.
• Article 22: Provides protection against arbitrary arrest and detention.
3. Right against Exploitation (Articles 23-24):
• Article 23: Prohibits human trafficking and forced labor.
• Article 24: Bans employment of children under 14 in hazardous industries.
4. Right to Freedom of Religion (Articles 25-28):
• Article 25: Guarantees freedom of conscience and the right to practice religion.
• Article 26: Allows management of religious affairs.
• Article 27: Prohibits taxes for religious promotion.
• Article 28: Bans religious instruction in state-funded educational institutions.
5. Cultural and Educational Rights (Articles 29-30):
• Article 29: Protects the cultural rights of minorities.
• Article 30: Grants minorities the right to establish educational institutions.
6. Right to Constitutional Remedies (Article 32):
• Empowers individuals to approach the Supreme Court for enforcement of
Fundamental Rights, ensuring judicial protection.
Significance:
1. Protection of Individual Liberties: Safeguards personal freedoms and dignity.
2. Limitations on State Power: Checks arbitrary state actions and protects against injustice.
 3. Promotes Justice and Equality: Contributes to a more equitable society.
4. Judicial Enforcement: Ensures individuals can seek remedies for rights violations,
reinforcing the rule of law.

5. Explain briefly salient features of Indian Constitution.

Ans: The Indian Constitution is a comprehensive document that incorporates various principles for
effective governance. Here are its key features:
1. Length and Detail: It is one of the longest constitutions in the world, comprising 448
articles, 25 parts, and 12 schedules, covering diverse subjects.
2. Federal Structure: Establishes a federal system, dividing powers between the central
government and states, with defined Union, State, and Concurrent Lists of subjects.
3. Parliamentary System: India has a parliamentary governance system where the executive
is accountable to the legislature, featuring a dual executive: the President (head of state) and
the Prime Minister (head of government).
4. Fundamental Rights: Guarantees fundamental rights to citizens, protecting against
discrimination and promoting individual freedoms, enforceable in court.
5. Directive Principles of State Policy: These non-justiciable principles guide state policies to
achieve social and economic justice and welfare.
6. Independent Judiciary: An independent judiciary, led by the Supreme Court, interprets and
protects the Constitution, upholding the rule of law and fundamental rights.
7. Universal Adult Suffrage: Provides universal adult franchise, allowing all citizens aged 18
and above to vote, fostering democratic participation.
8. Secular State: Ensures freedom of religion and treats all religions equally without
favoritism or discrimination.
9. Amendment Procedure: Features a flexible yet rigorous amendment process, allowing
changes through a simple majority, special majority, or state ratification to adapt to evolving
needs.
10.Emergency Provisions: Includes provisions for declaring a state of emergency in specific
circumstances, enabling the government to implement special measures during national
crises.
 ASSIGNMENT-2
1. Explain Judicial Review, Meaning and process.
Ans: Judicial review is the judiciary's power to examine the actions of the legislative and
executive branches and determine their constitutionality. This essential function in India helps
uphold the rule of law and protect fundamental rights.
Importance of Judicial Review:
1. Protection of Fundamental Rights: Safeguards individual rights against arbitrary state
actions.
2. Upholding the Constitution: Ensures that all laws and government actions comply with
constitutional provisions.
3. Check on Abuse of Power: Prevents misuse of authority by the legislature and executive.
4. Promoting Justice: Contributes to the fair and just application of laws.
Process of Judicial Review:
1. Filing a Petition: Individuals or groups can file a writ petition in the High Court or
Supreme Court under Article 32 or Article 226, challenging a law or government action.
2. Hearing: The court conducts a hearing where both parties present their arguments; the
petitioner claims the law is unconstitutional, and the government defends its validity.
3. Examination of Constitutionality: The court reviews relevant constitutional provisions to
determine if the law or action violates any rights or principles.
4. Judgment: The court issues a judgment that may declare the law as:
• Constitutional: Upheld as valid.
• Unconstitutional: Struck down, either wholly or partially.
5. Consequences of the Judgment: An unconstitutional law becomes null and void,
necessitating state amendments or repeals, and may lead to the enforcement of fundamental
rights.

2. Explain Cabinet in detail.

Ans: The Cabinet is a vital component of the executive branch of the Government of India,
responsible for key policy decisions and administration within the parliamentary system,
emphasizing collective responsibility.
Composition of the Cabinet:
1. Members:
• Consists of senior ministers, led by the Prime Minister.
• Members are usually elected representatives from the ruling party or coalition in the
Lok Sabha, with some from the Rajya Sabha.
2. Types of Ministers:
• Cabinet Ministers: Hold significant portfolios (e.g., finance, defense) and
participate in decision-making.
• Ministers of State (MoS): Assist Cabinet Ministers and may have independent
charge of smaller departments.
• Deputy Ministers: Support MoS in their roles.
Functions and Responsibilities:
1. Policy Formulation: Responsible for developing and implementing government policies,
including economic and social policies.
2. Decision-Making: Major decisions on legislation and budget allocations occur in Cabinet
meetings.
3. Legislative Role: Proposes bills and prepares legislative agendas, with Cabinet Ministers
often representing these in Parliament.
4. Administration: Oversees various ministries, ensuring effective policy execution.
5. Advisory Role: Advises the President on key appointments and other significant matters.
6. Collective Responsibility: Operates on the principle that all members are collectively
accountable to the Lok Sabha; a vote of no confidence requires the entire Cabinet to resign.
Meetings of the Cabinet:
• Frequency: Typically held weekly or as needed for urgent issues.
• Decision-Making: Generally made by consensus, though voting may occur if necessary.
The Prime Minister's Role:
• The Prime Minister heads the Cabinet, sets the agenda, facilitates discussions, and represents
the Cabinet to the President and Parliament, ensuring cohesion and direction.
Relationship with Other Bodies:
1. Parliament: The Cabinet is accountable to Parliament, particularly the Lok Sabha,
justifying its actions and decisions.
2. President: Functions under the nominal leadership of the President, who acts on the
Cabinet's advice as per Article 74 of the Constitution.

3. Explain some important constitutional Amendments till today.

Ans: The Constitution of India has seen numerous amendments since its adoption in 1950. Here
are some significant ones:
1. First Amendment (1951):
• Introduced restrictions on freedom of speech and expression.
• Added grounds for limiting fundamental rights, including public order and morality.
• Validated nationalization of industries and land reforms.
2. Seventh Amendment (1956):
• Reorganized states based on linguistic lines, creating new states and altering existing
ones.
• Added provisions for representation of states and Union Territories in Parliament.
3. Twenty-fourth Amendment (1971):
• Affirmed Parliament's power to amend the Constitution, including fundamental
rights.
• Clarified that the President cannot question the validity of constitutional
amendments.
4. Twenty-fifth Amendment (1971):
 • Limited compensation for property acquisition.
• Allowed state restrictions on property rights to facilitate land reforms.
5. Forty-second Amendment (1976):
• Known as the "Mini-Constitution," it enhanced parliamentary powers and reduced
judicial authority.
• Added "Socialist," "Secular," and "Integrity" to the Preamble.
• Introduced environmental protection provisions.
6. Forty-third Amendment (1977):
• Restored judiciary powers curtailed by the Forty-second Amendment.
• Provided for establishing a State Election Commission.
7. Forty-fourth Amendment (1978):
• Restored the right to property as a legal right (not fundamental).
• Introduced safeguards against misuse of emergency provisions.
• Reinforced fundamental rights, including the right to life and personal liberty.
8. Fifty-second Amendment (1985):
• Introduced the Tenth Schedule for disqualification on defection grounds.
• Aimed to stabilize political parties and prevent horse-trading.
9. Sixty-first Amendment (1989):
• Reduced the voting age from 21 to 18 years for Lok Sabha and State Assembly
elections.
• Enhanced youth democratic participation.
10.Seventy-third Amendment (1992):
• Provided constitutional status to Panchayati Raj institutions, ensuring
decentralization of power.
• Established a three-tier system of local self-government in rural areas.
11.Seventy-fourth Amendment (1992):
• Provided constitutional status to urban local bodies, promoting self-governance in
cities.
• Established a framework for municipal governance.
12.One Hundredth Amendment (2021):
• Related to representation of Scheduled Castes and Scheduled Tribes in the Lok
Sabha and State Assemblies.
• Extended reservation of seats for SCs and STs for another ten years.

4. Explain parliamentary privileges.

Ans: Parliamentary privileges in India are special rights and immunities granted to members of
Parliament (MPs) and state legislatures, defined under Article 105 and Article 194 of the
Constitution. These privileges ensure the independent functioning of the legislature, allowing
members to perform their duties without interference.
Types of Parliamentary Privileges:
 1. Freedom of Speech: MPs can express their views freely in parliamentary proceedings,
essential for open debate, though subject to limitations like defamation laws.
2. Right to Exemptions from Arrest: Members are generally protected from arrest during
sessions, except for serious offenses, enabling them to attend without legal hindrance.
3. Exemption from Jury Service: MPs are not required to serve on juries, ensuring their
legislative duties are uninterrupted.
4. Right to Access Parliamentary Records: Members can access parliamentary documents,
aiding informed decision-making.
5. Protection from Liability: MPs cannot be sued for statements made in parliamentary
debates.
6. Privilege of Exclusion: The legislature can expel members for misconduct.
Purpose and Limitations: These privileges safeguard parliamentary independence, promote
accountability, and facilitate smooth legislative functioning. However, they are not absolute and can
be challenged in court if they infringe upon fundamental rights. Members must adhere to ethical
standards, with misuse potentially leading to disciplinary action.

5. Explain status of union territories.

Ans: Union Territories (UTs) in India are regions governed directly by the Central Government,
differing from states that have their own governments and autonomy. Here’s a concise overview of
their status:
Definition and Characteristics:
1. Direct Control by the Center: UTs are administered by the Central Government, with the
President appointing an Administrator or Lieutenant Governor.
2. Limited Legislative Powers: Most UTs lack their own legislative assemblies and are
governed by laws enacted by Parliament. However, Delhi and Puducherry have legislatures
with limited powers.
3. Parliamentary Representation: UTs are represented in the Lok Sabha and Rajya Sabha,
but their representation is less than that of states.
Types of Union Territories:
1. UTs with Legislative Assembly: Delhi and Puducherry have their own assemblies with the
power to legislate on certain subjects.
2. UTs without Legislative Assembly: Regions like Chandigarh and Lakshadweep are
governed directly by the Central Government.
3. Special Status UT: Jammu and Kashmir was reorganized into two UTs in 2019—Jammu &
Kashmir (with a legislative assembly) and Ladakh (without one).
Purpose of Union Territories: UTs facilitate administrative efficiency and allow the Central
Government to maintain direct control in sensitive areas, ensuring effective governance in regions
with unique challenges.