Constitution of India - Exam

Answers
Module - 1
1. Define Constitution
A Constitution is the supreme law of a country that establishes the basic framework of government, defines the powers
and duties of governmental institutions, and guarantees fundamental rights to citizens. It serves as the foundational
document that governs the relationship between the state and its citizens, and between different organs of government.
The Constitution acts as a social contract that reflects the will of the people and provides legitimacy to governmental
authority. It is typically written in nature and requires special procedures for amendment, making it more rigid than
ordinary laws.

2. Salient Features of Indian Constitution

The Indian Constitution possesses several distinctive characteristics that make it unique among world constitutions. It is
the longest written constitution globally, containing 395 articles and 12 schedules originally. The Constitution establishes
a federal system with unitary bias, meaning while powers are divided between center and states, the center retains
stronger authority during emergencies. It creates a parliamentary system of government based on the Westminster
model, with the President as nominal head and Prime Minister as real executive head. The Constitution is quasi-federal
in nature, incorporating both federal and unitary features. It guarantees fundamental rights to citizens while also
prescribing fundamental duties. The Constitution establishes an independent judiciary with power of judicial review. It
provides for a single citizenship despite the federal structure. The Constitution also includes directive principles of state
policy to guide governance and ensure social justice.

3. Importance of Preamble of the Constitution

The Preamble serves as the soul and spirit of the Indian Constitution, encapsulating its basic philosophy and
fundamental values. It declares India as a sovereign, socialist, secular, and democratic republic, establishing the nature
of the Indian state. The Preamble identifies 'We, the people of India' as the source of constitutional authority, emphasizing
popular sovereignty. It outlines the key objectives of the Constitution: justice (social, economic, and political), liberty (of
thought, expression, belief, faith, and worship), equality (of status and opportunity), and fraternity (ensuring human dignity
and national unity). The Preamble acts as a guiding light for interpreting constitutional provisions and has been
recognized by the Supreme Court as an integral part of the Constitution. It reflects the dreams and aspirations of the
freedom struggle and provides direction for governance and policy-making.

4. Types of Citizenship
Indian citizenship can be acquired through several methods as provided in the Citizenship Act of 1955. Birth citizenship is
granted to persons born in India under specific conditions depending on the time period and parents' citizenship status.
Citizenship by descent applies to persons born outside India but having Indian parents or grandparents. Registration
allows certain categories of persons to acquire citizenship, including those of Indian origin residing abroad, persons
married to Indian citizens, and minor children of Indian citizens. Naturalization enables foreign nationals to become Indian
citizens after fulfilling residence requirements and other conditions. The Constitution provides for single citizenship,
meaning every Indian is a citizen of India as a whole, not of any particular state. This unified citizenship promotes
national integration and prevents discrimination based on regional origins.

5. Loss of Citizenship
Indian citizenship can be terminated through three main ways as specified in the Citizenship Act. Renunciation occurs
when a citizen voluntarily gives up Indian citizenship by making a declaration, typically when acquiring foreign citizenship
since India generally does not permit dual citizenship. Termination applies when an Indian citizen voluntarily acquires
citizenship of another country, leading to automatic loss of Indian citizenship. Deprivation is the involuntary loss of
citizenship by government order on specific grounds such as disloyalty to the Constitution, unlawful residence outside
India for seven years, fraudulent acquisition of citizenship, or engaging in activities prejudicial to national security. The
government must provide reasonable opportunity for hearing before depriving citizenship. These provisions ensure that
citizenship carries both rights and responsibilities, and maintains the integrity of the citizenship institution.

Module - 2
1. Define State
Under Article 12 of the Indian Constitution, 'State' is defined comprehensively to include the Government and Parliament
of India, the Government and Legislature of each state, all local or other authorities within the territory of India or under
the control of the Government of India. This definition is crucial for determining the scope of fundamental rights since
these rights are primarily enforceable against the state. The Supreme Court has interpreted this definition broadly to
include statutory corporations, government companies, universities established by law, and other bodies substantially
financed or controlled by the government. The expanded definition ensures that fundamental rights cannot be violated by
any instrumentality of the state, whether direct or indirect. This comprehensive approach prevents the government from
escaping constitutional obligations by creating separate legal entities.

2. List out Fundamental Rights

The Indian Constitution originally guaranteed six fundamental rights, now reduced to six after the 44th Amendment
removed the right to property. The Right to Equality (Articles 14-18) ensures equal treatment before law and prohibits
discrimination. The Right to Freedom (Articles 19-22) guarantees six freedoms including speech, assembly, association,
movement, residence, and profession. The Right against Exploitation (Articles 23-24) prohibits human trafficking and
child labor. The Right to Freedom of Religion (Articles 25-28) ensures religious liberty and freedom of conscience.
Cultural and Educational Rights (Articles 29-30) protect interests of minorities. The Right to Constitutional Remedies
(Article 32) empowers citizens to approach courts for enforcement of fundamental rights and is called the 'heart and soul'
of the Constitution by Dr. Ambedkar.
 3. Right to Equality
The Right to Equality encompasses several provisions that establish the principle of equal treatment. Article 14
guarantees equality before law and equal protection of laws, meaning the state cannot discriminate arbitrarily and must
treat similar situations similarly. Article 15 prohibits discrimination on grounds of religion, race, caste, sex, or place of
birth, though it allows positive discrimination for women, children, and backward classes. Article 16 ensures equality of
opportunity in public employment and permits reservations for backward classes. Article 17 abolishes untouchability and
makes its practice a punishable offense. Article 18 prohibits titles except military and academic distinctions, ensuring
dignity of individuals regardless of social status. These provisions collectively establish a society based on equality and
human dignity, removing historical discriminations and promoting social justice.

4. Right to Constitutional Remedies (Writs)

Article 32 empowers citizens to directly approach the Supreme Court for enforcement of fundamental rights through five
types of writs. Habeas Corpus (have the body) secures release of a person from illegal detention by requiring the
detaining authority to produce the person before court and justify detention. Mandamus (we command) compels public
authorities to perform their legal duties when they fail or refuse to act. Prohibition prevents subordinate courts or tribunals
from exceeding their jurisdiction by prohibiting them from continuing proceedings. Certiorari (to be certified) quashes
decisions of subordinate courts or tribunals that exceed jurisdiction or violate natural justice principles. Quo Warranto (by
what authority) inquires into the legality of a person's claim to public office and can remove them if the claim is found
invalid. These writs ensure that fundamental rights remain practical and enforceable rather than mere paper declarations.

5. Directive Principles of State Policy (DPSP)

Directive Principles of State Policy, contained in Part IV (Articles 36-51), are guidelines for the state to establish a just
social and economic order. Unlike fundamental rights, they are non-justiciable, meaning courts cannot enforce them
directly, but they are fundamental in governance. The DPSP aims to establish a welfare state by directing the
government to secure adequate means of livelihood, equal pay for equal work, prevention of concentration of wealth,
protection of children and workers, free and compulsory education, protection of environment, and promotion of
international peace. These principles are based on socialist ideology and seek to eliminate poverty, inequality, and social
injustice. They serve as a constitutional mandate for the government to work towards socio-economic transformation and
have influenced policy-making and legislation significantly.

6. List out Fundamental Duties

Fundamental Duties, added by the 42nd Amendment in 1976 under Article 51A, prescribe eleven duties for citizens.
Citizens must abide by the Constitution and respect its ideals, cherish and follow noble ideals of the freedom struggle,
uphold and protect sovereignty, unity and integrity of India, defend the country and render national service when called
upon, promote harmony and brotherhood among all people transcending religious, linguistic and regional diversities,
value and preserve the rich heritage of composite culture, protect and improve the natural environment including forests
and wildlife, develop scientific temper and humanism, safeguard public property and abjure violence, strive towards
excellence in individual and collective activity, and provide opportunities for education to children between 6-14 years
(added by 86th Amendment). These duties remind citizens of their responsibilities towards the nation and society.
 Module - 3
1. Powers and Functions of the President
The President of India serves as the constitutional head of state with extensive powers across executive, legislative,
judicial, and emergency domains. In executive matters, the President appoints the Prime Minister, Council of Ministers,
Governors, judges of Supreme Court and High Courts, and other high constitutional functionaries. All executive actions
are taken in the President's name. In legislative functions, the President summons and prorogues Parliament, addresses
joint sessions, gives assent to bills, and can promulgate ordinances when Parliament is not in session. The President has
judicial powers including granting pardons, reprieves, respites, remissions, and commutations of sentences. In military
affairs, the President is the Supreme Commander of armed forces. During emergencies, the President can declare
national emergency, state emergency (President's rule), or financial emergency. However, most powers are exercised on
the advice of the Council of Ministers, making the President a nominal head in normal circumstances.

2. Powers and Functions of the Prime Minister

The Prime Minister is the real head of government and the most powerful functionary in the Indian political system. As
head of the Council of Ministers, the Prime Minister allocates portfolios, coordinates government policies, and can
recommend dismissal of ministers to the President. The Prime Minister serves as the principal channel of communication
between the President and Council of Ministers, advising the President on appointment of ministers, governors, and other
officials. In Parliament, the Prime Minister leads the government, announces policies, and is the chief spokesperson. The
Prime Minister chairs important committees like the Planning Commission, National Development Council, and various
Cabinet committees. In crisis situations, the Prime Minister plays a crucial role in decision-making and policy formulation.
The Prime Minister's position depends on commanding majority support in Lok Sabha, and losing this support can lead to
resignation or dismissal.

3. Attorney General of India

The Attorney General is the highest law officer of the Government of India, appointed by the President under Article 76.
The Attorney General must be qualified to be appointed as a Supreme Court judge and holds office during the
President's pleasure. The primary duty is to give legal advice to the Government of India on legal matters referred by the
President, and to perform legal duties assigned by the President. The Attorney General represents the Government in all
legal proceedings and has the right to speak and participate in Parliament proceedings without voting rights. The position
requires appearing on behalf of the Government in the Supreme Court and other legal forums. The Attorney General can
engage in private legal practice but cannot advise or hold brief against the Government of India. This office ensures that
the government receives expert legal guidance and representation in constitutional and legal matters.

4. Functions of Parliament
Parliament, consisting of President, Lok Sabha, and Rajya Sabha, performs multiple crucial functions in Indian
democracy. The legislative function involves making laws on subjects in Union and Concurrent lists, with Lok Sabha
having precedence in money matters. Parliament exercises financial control by approving budgets, authorizing
expenditure, and scrutinizing government spending through various committees. The oversight function includes
 questioning ministers, discussing government policies, and holding the executive accountable through various
parliamentary procedures. Parliament has constituent power to amend the Constitution through special procedures. It
exercises judicial functions during impeachment of President and judges. Parliament controls the executive through no-
confidence motions, adjournment motions, and various parliamentary devices. It also performs representative function by
articulating people's grievances and aspirations, thus serving as the voice of the nation.

5. Compare Rajya Sabha and Lok Sabha

Rajya Sabha and Lok Sabha differ significantly in composition, powers, and functions. Lok Sabha represents the people
directly with 543 elected members serving five-year terms, while Rajya Sabha represents states with 245 members
serving six-year terms with one-third retiring every two years. Lok Sabha members are elected through direct election,
whereas Rajya Sabha members are elected by state legislative assemblies through proportional representation. In
legislative matters, both houses have equal powers except for money bills, which can only be introduced in Lok Sabha,
and Rajya Sabha can only recommend amendments within 14 days. Lok Sabha exercises control over the executive as
the Council of Ministers is collectively responsible to it, while Rajya Sabha cannot remove the government through no-
confidence motion. However, Rajya Sabha has special powers in creating new All India Services and changing
boundaries of states. The Speaker presides over Lok Sabha while the Vice-President chairs Rajya Sabha.

6. Powers of Supreme Court

The Supreme Court, as the apex judicial institution, exercises original, appellate, and advisory jurisdiction along with
special powers. Original jurisdiction includes disputes between governments, enforcement of fundamental rights through
writ petitions, and cases involving interpretation of the Constitution. Appellate jurisdiction covers appeals from High
Courts in constitutional, civil, and criminal matters, with the Court having discretion in granting special leave to appeal.
The Court provides advisory opinions to the President on questions of law or fact of public importance. As guardian of the
Constitution, the Supreme Court exercises judicial review to examine the constitutional validity of laws and executive
actions. It has the power to issue writs including habeas corpus, mandamus, prohibition, certiorari, and quo warranto for
enforcement of fundamental rights and other legal rights. The Court also has contempt powers to punish for contempt of
court and exercises supervisory jurisdiction over all courts in the country.

Module - 4
1. Powers and Functions of the Governor
The Governor serves as the constitutional head of the state, appointed by the President for a five-year term. In executive
matters, the Governor appoints the Chief Minister and Council of Ministers, and other state officials like Advocate
General and members of State Public Service Commission. All executive actions are taken in the Governor's name.
Legislative powers include summoning and proroguing the state legislature, addressing the legislature, giving assent to
bills passed by the legislature, and promulgating ordinances when the legislature is not in session. The Governor has
discretionary powers in certain situations, such as inviting the leader of the largest party or coalition to form government
when no clear majority exists. During breakdown of constitutional machinery, the Governor plays a crucial role in
recommending President's rule. The Governor also has judicial powers including granting pardons for offenses against
state laws. However, like the President, the Governor normally acts on the advice of the Council of Ministers.
 2. Powers and Functions of the Chief Minister
The Chief Minister is the real executive head of the state government and the most important functionary in state
administration. As head of the Council of Ministers, the Chief Minister allocates portfolios, coordinates policies, and can
recommend dismissal of ministers to the Governor. The Chief Minister serves as the principal channel of communication
between the Governor and the Council of Ministers, advising on appointments and policy matters. In the state legislature,
the Chief Minister leads the government, announces policies, and defends government actions. The Chief Minister chairs
important state-level committees and coordinates with the central government on various matters. The position requires
maintaining majority support in the legislative assembly, and losing this support can lead to resignation. The Chief
Minister plays a crucial role in state development, law and order, and implementation of both state and central
government schemes.

3. Union Territories
Union Territories are administrative divisions directly governed by the Central Government through administrators
appointed by the President. Currently, India has eight Union Territories: Delhi, Puducherry, Chandigarh, Dadra and Nagar
Haveli and Daman and Diu, Lakshadweep, Andaman and Nicobar Islands, Ladakh, and Jammu and Kashmir. Delhi and
Puducherry have special status with their own legislative assemblies and councils of ministers, while others are
administered directly by Lieutenant Governors or Administrators. The creation of Union Territories serves various
purposes including strategic importance, small size, cultural distinctiveness, or administrative convenience. Union
Territories with legislatures have limited autonomy compared to states, with the Central Government retaining control
over police, land, and public order in Delhi's case. The Parliament makes laws for Union Territories, and they are
represented in both Lok Sabha and Rajya Sabha, though with fewer representatives than states.

4. State Legislature
State Legislature consists of the Governor and either one house (Legislative Assembly) in unicameral states or two
houses (Legislative Assembly and Legislative Council) in bicameral states. Currently, only six states have bicameral
legislatures. The Legislative Assembly represents the people directly with members elected for five-year terms, while the
Legislative Council represents various interests with members serving six-year terms. The state legislature makes laws
on subjects in the State List and Concurrent List, controls state finances through budget approval and expenditure
authorization, and exercises oversight over the state executive. The Legislative Assembly alone can remove the state
government through no-confidence motion, as the Council of Ministers is responsible only to it. The legislature also
performs representative functions by voicing people's concerns and developmental needs. Special sessions can be
called to address urgent matters, and the legislature plays a crucial role in state development planning and policy
implementation.

Module - 5
1. Distribution of Legislative Subjects (Lists)
 The Constitution divides legislative powers between the Union and States through three lists in the Seventh Schedule.
The Union List contains 97 subjects (originally 97, now 98) including defense, foreign affairs, currency, banking,
communications, and inter-state trade, over which only Parliament can legislate. The State List contains 66 subjects
(originally 66, now 59) including police, public health, agriculture, local government, and land revenue, over which only
state legislatures can make laws. The Concurrent List contains 47 subjects (originally 47, now 52) including education,
forests, marriage and divorce, and criminal law, over which both Parliament and state legislatures can legislate, but in
case of conflict, central law prevails. Residuary powers (subjects not mentioned in any list) belong to the Parliament. This
division ensures federal balance while maintaining national unity, though the Union List's extensive nature and residuary
powers with the center indicate a strong federal bias toward the Union government.

2. Finance Commission
The Finance Commission is a constitutional body established under Article 280, appointed by the President every five
years to recommend distribution of financial resources between Union and States. The Commission consists of a
Chairman and four other members with specified qualifications in economics, finance, or public administration. Its primary
function is to recommend the principles governing distribution of net proceeds of taxes between Union and States, and
among States themselves. The Commission also suggests grants-in-aid from Union to States, measures to augment
State Consolidated Funds to supplement Panchayat and Municipality resources, and any other matter referred by the
President. Recent Finance Commissions have addressed issues like fiscal federalism, debt sustainability, disaster
management funding, and incentivizing states for performance. The Commission's recommendations, though not binding,
are generally accepted and significantly influence center-state financial relations and federal fiscal policy.

3. Emergency Provisions
The Constitution provides for three types of emergencies to deal with extraordinary situations. National Emergency under
Article 352 can be declared when the security of India or any part thereof is threatened by war, external aggression, or
armed rebellion. During this emergency, the federal structure is suspended, center can give directions to states, and
fundamental rights except Articles 20 and 21 can be suspended. State Emergency (President's Rule) under Article 356
can be imposed when constitutional machinery in a state fails, leading to central control over state administration.
Financial Emergency under Article 360 can be declared when the financial stability or credit of India is threatened,
allowing center to control state finances and reduce salaries of government officials. All emergencies require
parliamentary approval and periodic review. These provisions ensure continuity of governance during crises while
including safeguards against misuse through judicial review and parliamentary oversight.

4. Comptroller and Auditor General of India (CAG)

The CAG is a constitutional authority under Articles 148-151, appointed by the President for six years or until 65 years of
age, whichever is earlier. The CAG can only be removed through impeachment process similar to Supreme Court judges,
ensuring independence. The primary function is to audit all expenditure from the Consolidated Fund of India and States,
ensuring that money is spent according to parliamentary or legislative authorization. The CAG audits government
departments, public sector enterprises, and bodies substantially financed by government funds. The audit reports are
submitted to the President and Governors, who lay them before respective legislatures. The CAG ensures financial
accountability, checks government expenditure, and helps Parliament and state legislatures in exercising financial control
over the executive. The office plays a crucial role in maintaining transparency and preventing financial irregularities in
government operations.

5. Administrative Tribunal
Administrative Tribunals are specialized judicial bodies established to adjudicate disputes related to public services and
administrative matters. The Central Administrative Tribunal (CAT) was established in 1985 under the Administrative
Tribunals Act 1985, following Article 323A of the Constitution. CAT has jurisdiction over service matters of central
government employees, including recruitment, promotion, pension, and disciplinary actions. State Administrative
Tribunals handle similar matters for state government employees. These tribunals provide faster and specialized justice
compared to regular courts, reducing the burden on traditional judiciary. The tribunals are presided over by judicial and
administrative members with relevant expertise. Appeals from tribunal decisions can be made to High Courts and
Supreme Court on substantial questions of law. The tribunal system represents an effort to provide efficient administrative
justice while maintaining judicial review safeguards.

6. Election System in India

India follows a democratic election system based on universal adult suffrage, with all citizens above 18 years eligible to
vote. The Election Commission of India, a constitutional body under Articles 324-329, conducts elections to Parliament,
state legislatures, and offices of President and Vice-President. Elections to Lok Sabha and Legislative Assemblies use
the First Past the Post system in single-member constituencies, where the candidate with highest votes wins. Rajya
Sabha and Legislative Council elections use proportional representation through single transferable vote system. The
electoral process includes voter registration, candidate nomination, campaigning, polling, counting, and result declaration
under Election Commission supervision. The system ensures free and fair elections through Model Code of Conduct,
expenditure limits, and use of Electronic Voting Machines. Reserved constituencies ensure representation of Scheduled
Castes and Scheduled Tribes. The robust election system has ensured peaceful transfer of power and democratic
governance since independence.

7. Amendment of the Constitution

The Constitution provides for its amendment under Article 368, recognizing the need for adaptation while maintaining
stability. Three types of amendment procedures exist based on the nature of provisions being changed. Simple
amendments require only simple majority in both houses of Parliament for subjects like creation of new states or
changing state boundaries. Special majority amendments need majority of total membership and two-thirds of members
present and voting in both houses for most constitutional provisions including fundamental rights and directive principles.
Some amendments additionally require ratification by half the state legislatures, particularly those affecting federal
structure like distribution of powers, representation in Parliament, or amendment procedure itself. The amending power
belongs primarily to Parliament, though states play a role in certain amendments. Over 100 amendments have been
made since 1950, showing the Constitution's flexibility. However, the Supreme Court has established that the basic
structure of the Constitution cannot be amended, providing a balance between adaptability and constitutional continuity.