a) Write Preamble of Constitution

The Preamble of the Indian Constitution is a brief introductory statement that sets out the guiding
purpose and principles of the Constitution. It reads:

> “WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN
SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:

JUSTICE, social, economic and political;

LIBERTY of thought, expression, belief, faith and worship;

EQUALITY of status and of opportunity;

and to promote among them all

FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;

IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT,
ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.”

(b) Separation of Powers Under Constitution

The doctrine of Separation of Powers refers to the division of governmental responsibilities into
distinct branches to prevent the concentration of power and provide checks and balances.

In India:

The Constitution does not strictly enforce this doctrine but incorporates it in spirit.

There are three organs:

Legislature (makes laws) – Parliament.

Executive (implements laws) – President, Prime Minister, Council of Ministers.

Judiciary (interprets laws) – Supreme Court, High Courts, and subordinate courts.

c) Explain Concept of Federalism

Federalism refers to a system of governance in which power is divided between a central authority
and various constituent units of the country.

Features of Indian Federalism:

1. Dual Polity: Union Government and State Governments.

2. Division of Powers: Three lists in the 7th Schedule – Union, State, and Concurrent Lists.

3. Written Constitution: Clearly defines powers and responsibilities.

4. Independent Judiciary: Supreme Court settles Centre-State disputes.

5. Financial Relations: Shared revenues and grants-in-aid under Finance Commission

(d) Explain Right to Life with Judgment

Article 21 – Right to Life and Personal Liberty:

This right is one of the most important Fundamental Rights and is available to both citizens and
non-citizens.

Scope and Expansion:

Initially, Article 21 was interpreted narrowly, but post Maneka Gandhi v. Union of India (1978), the
Supreme Court gave a broader interpretation

(e) Explain Right to Property

Historical Background:

Originally, the Right to Property was a Fundamental Right under:

Article 19(1)(f): Right to acquire, hold and dispose of property.

Article 31: Protection from deprivation of property without compensation.

Major Constitutional Amendments and Changes:

1. 44th Amendment Act, 1978:

Deleted Article 19(1)(f) and Article 31.

Introduced Article 300A under Part XII, making Right to Property a Constitutional Right, not a
Fundamental Right.

Q1. Explain the origin of Constitution of India and describe the nature and characteristics of
Constitution.

Origin of the Constitution of India:

The Indian Constitution was framed by the Constituent Assembly, which was formed in 1946.

Its members were elected indirectly by the Provincial Assemblies.

The drafting of the Constitution was completed on 26th November 1949 and it came into effect on
26th January 1950.

The Constitution draws from various sources, including the Government of India Act, 1935, British
parliamentary system, U.S. Bill of Rights, and Canadian federalism.

Key Contributors:

Dr. B.R. Ambedkar: Chairman of the Drafting Committee.

Jawaharlal Nehru: Introduced the Objectives Resolution.

Rajendra Prasad: President of the Constituent Assembly.

Nature and Characteristics:

1. Written and Lengthy Constitution – Longest written constitution in the world with 395 Articles
originally.
2. Sovereign, Socialist, Secular, Democratic Republic – These values are enshrined in the Preamble.

3. Parliamentary form of Government – Based on collective responsibility and dual executive.

4. Federal with Unitary Bias – Division of powers with strong Centre (Article 1 defines India as a
Union of States).

5. Fundamental Rights and Duties – Part III and Part IVA.

6. Directive Principles of State Policy – Non-justiciable guidelines for governance (Part IV).

7. Independent Judiciary – Ensures rule of law and constitutional supremacy.

8. Amendment Procedure – Part XX (Article 368) outlines procedures for constitutional

Q2. Analyse the federal structure of the Indian Constitution. How are legislative powers distributed
between the Union and the States?

Federal Structure in India:

India follows a federal structure but is often termed as "quasi-federal" due to strong central
tendencies.

Federal features include:

Dual government.

Division of powers.

Independent judiciary.

Bicameralism.

Distribution of Legislative Powers:

According to the Seventh Schedule, powers are distributed into three lists:

1. Union List (List I): Subjects of national importance – 98 items (e.g., defence, foreign affairs).

2. State List (List II): Subjects of local/state importance – 59 items (e.g., police, public health).

3. Concurrent List (List III): Subjects where both Union and States can legislate – 52 items (e.g.,
education, forest).

Article Provisions:

Article 245 to 255 deal with the distribution of legislative powers.

In case of conflict on Concurrent List subjects, Union law prevails (Article 254).

Residuary powers lie with the Union Government (Article 248).

Relevant Case Law:

State of West Bengal v. Union of India (1963) – Reaffirmed the supremacy of Parliament over states
in residuary matters.
Conclusion:

While India has a federal structure, the balance is tilted towards the Centre to maintain unity and
integrity.

Q3. Explain the origin and development of Fundamental Rights in India. Why are these rights
essential in a democracy?

Origin of Fundamental Rights:

Inspired by the Bill of Rights (USA), Irish Constitution, and Universal Declaration of Human Rights
(UDHR).

Drafted by the Constituent Assembly to safeguard individual liberty and promote democracy.

Enshrined in Part III of the Constitution from Article 12 to 35.

Development:

Initially included 7 categories of rights; now 6 after the 44th Amendment (1978) removed Right to
Property.

Expanded through judicial interpretation (e.g., Right to Privacy in 2017 recognized as a

Essential Rights:

1. Right to Equality (Art. 14–18) – Prohibits discrimination.

2. Right to Freedom (Art. 19–22) – Ensures freedom of speech, movement, etc.

3. Right against Exploitation (Art. 23–24) – Prohibits forced labor, child labor.

4. Right to Freedom of Religion (Art. 25–28) – Ensures secularism.

5. Cultural and Educational Rights (Art. 29–30) – Protect minority rights.

6. Right to Constitutional Remedies (Art. 32) – Heart and soul of Constitution (Dr. Ambedkar).

Importance in Democracy:

Protect individual liberty and dignity.

Prevent arbitrary state action.

Promote social justice and equality.

Strengthen democratic values and rule of lab.

Q4. Elaborate on the powers and qualifications of the President and the Governor under the Indian
Constitution.

President of India

Qualifications (Art. 58):

35 years or above.

Eligible for election as a Member of Lok Sabha.

Should not hold any office of profit under Government of India.

Powers:

1. Executive Powers: Appoints PM, Governors, Judges, etc.

2. Legislative Powers: Summons Parliament, gives assent to bills, addresses Parliament.

3. Judicial Powers: Can grant pardon, reprieve (Art. 72).

4. Emergency Powers: Can declare National, State, or Financial emergency (Articles 352, 356, 360).

5. Diplomatic & Military Powers: Represents India in international forums and is Supreme
Commander of Armed Forces.

Governor of a State

Qualifications (Art. 157):

Citizen of India.

35 years of age or more.

Not hold any office of profit.

Powers:

1. Executive Powers: Appoints CM, ministers, and officials at the state level.

2. Legislative Powers: Can summon and dissolve State Legislature.

3. Judicial Powers: Appoints district judges.

4. Emergency Role: Can recommend President’s Rule (Art. 356).

5. Discretionary Powers: In certain situations (e.g., no clear majority), acts independently of