Regarding the Fundamental Duties contained in the Indian Constitution the correct statement(s) is/are:

1. Fundamental Duties can be enforced through writ jurisdiction.
2. Fundamental Duties have become a part of the Indian Constitution since its adoption.
3. Fundamental Duties becomes a part of the Constitution in accordance with the recommendations of Swaran Singh Committee.
4. Fundamental Duties are applicable only to the citizens of India.

Select your answer from the codes given below:

(a)1, 2 and 3

(b)1, 2 and 4

(c)2 and 3

(d)3 and 4

Explanation:

Sardar Swarna Singh Committee is 1976 recommended inclusion of seprate chapter on fundamental duties in Constitution. Accordingly, by 42^nd amendment Part IV A or fundamental duties was added in Constitution. Like the Directive Principles, the fundamental duties are also non-justiciable.

Ans- (d)

Regarding the Article 368 that provides for the amendment of the Constitution, mark the incorrect procedure:

1. The bill for the above purpose can be initiated either in Parliament or state legislature.
2. It has to be passed by special majority.
3. There is no provision for holding a joint sitting
4. If bill amends federal provisions of the Constitution then it has to be ratified by legislatures of half the states by simple majority.

Select your answer from the codes given below:

(a) Only 1

(b) Only 2

(c) 3 and 4

(d) None of these

Explanation:

The bill for the above purpose can be initiated only in Parliament.

Ans- (a)

After President’s assent, the bill comprising the amendment of Constitution becomes:

1. A Policy
2. A Bill
3. An Act
4. An Amendment

Select your answer from the codes given below:

(a) Either 1 or 2

(b) Either 2 or 3

(c) Only 3

(d) Only 4

Explanation

Any bill after getting passed from the Parliament becomes an Act.

Ans- (c)

Parliament under Article 368 can amend any part of the Constitution without affecting the ‘The Basic Structure’ and it is:

1. Defined by the Supreme Court in Article 368
2. Defined by the Supreme Court only with respect to Fundamental Rights.
3. Yet tobe defined and clarified by the Supreme Court
4. Yet to be defined by the Supreme Court except for Constitutional rights.

Select your answer from the codes given below.

(a) Only 1

(b) Only 2

(c) Only 3

(d) Only 4

Explanation:

In the Kesavanand Bharti case. Supreme Court laid down a new doctrine of the ‘basic structure’ of the Constitution. In ruled that the Constitutent power under Article 368 does not enable Parliament to alter the ‘Basic Structure’ of the Constitution. This means Parliament can not abridge or take away a Fundamental Rights that form a part of the ‘Basic Structure’ of the Constitutions.

From time to time in different judgments Supreme Court has laid down those parts which are of ‘Basic of Structure’ of the Constitution.

Some of these features are-

1. Summary of the Constitution.
2. Federal Character of the Constitution.
3. Independence of judiciary
4. Rule of law judicial of equality.
5. Judicial Review
6. Principle of equality
7. Parliamentary system
8. Separation of power between judiciary, legislature and executive
9. Freedom and dignity of individual.

Ans- (c)

Among the features of Parliamentary system of Government in India, which of these is/are NOT correct?

1. President is nominal executive and Prime Minister is real executive.
2. Article 74 provides for a Council of Minister to aid and advise the president in the exercise of his/her functions.
3. The ministers do not have double membership of legislature of executive.
4. The Council of Ministers is collectively responsible to the Parliament in general and Lok Sabha in particular.

Select your answer from the codes given below:

(a) 1 and 2

(b) Only 2

(c) Only 3

(d) None of these

Explanation:

The ministers have double membership of legislature or executive.

Ans- (c)

The Theory of Harmonisation was laid down by the Supreme Court so as to:

1. Ensure that the Directive Principles do not override the Fundamental Rights
2. Strike down the Directive Principles, if they violate any of the Fundamental Rights
3. Interpret the Fundamental Rights in the light of the Directive Principles.
4. Validate a law passed to give effect to the Directives under Article 39(b) and (c), even if the law violates the Fundamental Right given under Article 14 or 19

The correct statement(s) is/are made with:

(a) 1 and 2

(b) Only 2

(c) Only 3

(d) Only 4

Explanation:

Theory of Harmonisation was laid down by the Supreme Court so as to Interpret the Fundamental Rights in the light of the Directive Principles.

Ans- (c)

In case of public employment in India, the reservation of seats in favour of socially and educationally backward class of citizens is:

1. A Constitutional right
2. A statutory right

Correct statement(s) is/are with:

(a) Only 1

(b) Only 2

(c) Both of these

(d) None of these

Explanation:

Article 16 provides for equality of opportunity for all citizens in matters of employment or appointment to any office under the State. But in exception to this State can provide for reservation of appointments in favour of any backward class which State thinks is not aqueately represented in the services of the State.

Ans- (b)

Match the following?

List – I

1. Writ of Habeas corpus
2. Writ of Quo warranto
3. Writ of Certiorario
4. Writ of Prohibition

List – II

(A) Available against individual as well as private

(B) Available against subordinate courts only

(C) Available against autonomous bodies only

(D) Available against public servants only

Incorrectly match pair(s) is/are:

(a) 1 – A, 2 – B and 3 – C

(b) 2 – B, 3 – C and 4 – D

(c) 1 – A, 3 – C and 4 –D

None of these

Explanation:

These writs are constitutional remedies for the protection of Fundamental Rights of citizen

Ans- (b)

A member of Paliament shall not hold any office of profit under the state- this principle is meant to avoid the conflict between:

1. Executive interest and legislative interest.
2. Commercial interest and natural interest.
3. Individual interest and political interest

The correct statement(s) is/are made with:

(a) Only 1

(b) Only 2

(c) Only 3

(d) None of these

Explanation:

Art (102) and Article 191, provides for the disqualification of members from Parliament and legislative assembly respectively. In there, a member is subject to disqualification of membership of house if he is holding office of profit under the Government of India or the Government of any state, other than an office declared by Parliament by law not to disqualify its holder.

Constitution makers made sure that three organs of State judiciary, legislature and executive work independently. So basic idea was and remains that legislators should not be vulnerable to temptations an executive can office.

Ans- (a)

Regarding the Overseas Citizen of India (OCI) and the Non-Resident Indian (NRI):

1. An OCI is a Citizen of India and an NRI is not a citizen of India.
2. An OCI can vote but cannot contest in the elections in India but an NRI can neither vote not contest in elections in India.
3. Neither of them can vote nor contest elections in India.
4. An OCI can neither vote nor contest elections in India, while an NRI can vote as well as contest elections in India.

The correct statement(s) is/are:

(a) 1 and 2

(b) Only 2

(c) Only 3

(d) Only 4

Explanation:

A citizen living outside India for any purpose like study, job etc for a more than a prescribed period in year is termed as Non Resident Indian (NRI), however the OCI i.e. Overseas Citizen of India are not regular citizen of India.

Ans- (d)

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Regulating Act, 1773

• End of Dual Government.
• Governor of Bengal to be the Governor- General of British territories of India.
• Established of Supreme Court in Calcutta

Pitts Act of 1784

• This Act gave the British Government a measure of control over the company’s affairs. In fact, the company became a subordinate department of the State.

Act of 1786

• Governor General given the power to over-ride the Council and was made the Commander-in-chief also.

Also Read: The Constitution of India – Drafting and Composition

Charter Act of 1793

• Company given monopoly of trade for 20 more years. It laid the foundation of Government by written laws, interpreted by courts.

Charter Act 1813

• Company deprived of its trade monopoly in India except in tea and trade with China.

Charter Act of 1833

• End of company’s monopoly even in tea and trade with China. Company was asked to close its business at the earliest.
• Governor General of Bengal to be Governor General of India. (1st Governor General of India was Lord William Bentinck).

Charter Act 1853

• The Act renewed the powers of the company and allowed it to retain the possession of Indian territoris in trust of the British crown.
• Recruitment to Civil Service was based on open annual competition examination (excluding Indian ).

Government of India Act, 1858

• Rule of Company in India ended that of the crown began.
• A post of Secretary of State (a member of the British Cabinet) for India . He was assisted bya 15-member council (called India Council). He was to exercise the powers of the Crown.
• Secretory of state Governed India through the Governor General.
• Governor General received the title of Viceroy. He represented Secretory of State and was assisted by an executives Council, which consisted of high officials of the Government.

Also Read: Constitution of India – Brief Introduction

Indian Council Act, 1861

• The executive Council was now to be called Central Legislative Council.

Indian Council Act, 1892

• Indians found their way in the provincial Legislative Council.

Indian Council Act, 1909 or Morley-Minto Reform

• It envisaged a separate electorate for Muslims.

Government of India Act, 1919 or Montague-Chelmsford Reforms

• Dyarchy system introduced in the provinces.
• The Provincial subjects of administration were to be divided into two categories : Transferred and Reserved .
• The Transferred subjects were to be administered by the Governor with the aid of ministers responsible to the Legislative Council.
• The Governor and the Executive Council were to administer the reserved subjects without any responsibility to the legislature.
• Indian legislature became bicameral for the first time. It actually happened after 1935 Act.

Government of India Act, 1935

• Provided for the establishment of all-India Federation consisting of the British Provincially and the Princely States.
• The joining of Princely States was voluntary and as a result the Federation did not come into existence.
• Dyarchy was introduce at the Centre (e.g., Department of Foreign Affairs and Defence were reserved for the Governor General).
• Provincial autonomy replaced Dyarchy in provinces. They were grants separate legal identity. Burma (now Myanmar) separated from India.

Also Read: 20 Features of Indian Constitution

• Article 35A is an article of the Indian Constitution which accords special rights and privileges to the citizens of Jammu and Kashmir (J&K).
• It was added to the Constitution by a Presidential Order in 1954.
• It empowers the state’s legislature to frame any law without attracting a challenge on grounds of violating the Right to Equality of people from other states or any other right under the Indian Constitution.
• It forms the basis for Jammu and Kashmir legislature to define the list of ‘permanent residents‘ of the state, who are eligible to vote, work for the state government, own land, secure public employment and college admissions.

Why Article 35A is being challenged:

Article 35A is being challenged on two valid grounds:

1. According to Article 368 of the Indian Constitution, amending power of the Constitution lies exclusively with the Parliament.Thus, President has no power to amend the Constitution by incorporating a new article. But as Article 35A has been inserted by a Presidential Order so its inception itself is unconstitutional.
2. Secondly, Article 35A is being challenged for its Gender Discrimination and violation of Article 14 thus infringing the Fundamental rights of citizens.

Article 14: “The state shall not deny to any person equality before the law or the equal protection of the laws within the territory of India”.

Article 35A of the Indian Constitution and Section 6 of the Jammu and Kashmir Constitution both deals with the “Permanent Residents” of the state. Both the article prevents any outsider from buying or acquiring any property in the state. Keeping in view the special status to the state till now everything is good. But controversy arises when the same starts discriminating between the men and the women of the state.

Once a woman of the state marries a person from outside the state she immediately loses her right over property in J&K. Not only this, She is also barred from voting in the state/Local election, work for the state government, secure public employment and take college admissions.  This provision also applies to her son.

Thus, Article 35A of the Indian Constitution and Section 6 of the Jammu and Kashmir Constitution both are being challenged for being Gender Discriminatory and violative of fundamental rights.

What is Section 6 of the Jammu and Kashmir Constitution?

Section 6 of the Jammu and Kashmir Constitution restricts the basic right of women to marry a man of their choice by not giving the heirs any right to property if the woman marries a man not holding the Permanent Resident Certificate. Her children are denied a permanent resident certificate thereby considering them illegitimate — not given any right to such a woman’s property even if she is a permanent resident of Jammu and Kashmir.

Current Status:

The question whether Article 35A, which accords special rights and privileges to the citizens of J&K is ultra vires of the Constitution or not, is currently pending before a five-judge Constitutional Bench. The bench is left with very few options and has to tread a very narrow path negotiating between peace and stability of J&K on the one hand and fundamental rights of the citizens on the other. Let’s wait and keep a close eye on the issue.

You may also like to read: Fundamental rights

The term Inter-State relations refer to the relation among different States of the Union. The cooperation and cordial relation among different state is needed for the peace and development of the country. There are certain provisions within the constitution and outside it, which aim at improving the relationship among various states of the Union. These provisions are mechanisms are given below:

1. According to Article 261, full faith and credit shall be given throughout the territory of India to public acts, records and judicial proceedings of the Union and of every State.
2. Provisions for resolving disputes among them through the judicial process. The Supreme Court has been given original jurisdiction with respect to the disputes arising among the States.
3. For the development of Inter-State river valleys, River Valley Development Board may be established by the Centre.
4. Parliament may by law establish Central Water Tribunal to resolve Inter-State Water Disputes. The Central Water Tribunal has the status of a High Court.
5. Inter-State Council – According to Article 263, the President can establish an Inter-State Council if public interest so requires. The Inter-State Council, if public interest so requires. The Inter-State Council shall perform the following functions –
   • To esquire into disputes among the States and advise upon to resolve such disputes;
   • Investigating and discussing subjects, on which some or all of the States or the Union and one or more of the States have a common interest; or
   • Making recommendations upon any such subject and, in particular, recommendation for the better co-ordination of policy and action with respect to that subject.

   States of  the Union

   The organization and process of the Inter-State-Council are to be determined by the President. The Inter-State Council was established in 1990, consisting of the Chief Ministers of the States. The effectiveness of the council depends upon the serious functioning of the Council in future. The Council will function as an advisory body. The Administrative Reforms Commission (1966-69) had the recommendation in 1969 itself for the immediate establishment of the Inter-State Council under the provisions of Article 263 of the Constitution. According to the recommendations of Commission, the council shall consist of the Prime Minister as the Chairman and Home Minister, Finance Minister, the leader of opposition in Lok Sabha and five representatives from five Zonal Councils as Members. The then Chief Minister of Kerala, E. M. S. Namboodaripad in 1968, demanded the establishment of an Inter-State Council. The immediate cause of this demand was the difference in attitude of the Union and the State of Kerala with respect to the strike of Central government employees in 1968. Rajamannar Committee constituted in 1969 by the government of Tamilnadu recommended, in 1971 the establishment of Inter-State-Council.

6. Zonal Councils – As provided in the State Reorganisation Act, 1956, five Zonal councils were established with a view to discussing and advising upon the matter of common interest to the State which constitutes a zone. In August 1972 North-Eastern Council was also constituted. The country is divided into six zones given below:
   • (i) Central Zone
   • (ii) Southern Zone
   • (iii) Western Zone
   • (iv) Eastern Zone
   • (v) Northern Zone
   • (vi) North-Eastern Council
7. Coordination in the field of Inter-State Commerce and Trade – Parliament has the power to regulate the Inter-State Commerce and Trade in the larger public interest.

Read Also:

The Indian States On International Boundaries 

Centre-State Relations in India

Legislative Relation Between Centre and State in India