Basic Features of the Constitution

395 Articles and 8 Schedules

Reason — When the Constitution of India came into force on 26 January 1950, it originally consisted of 395 Articles and 8 Schedules.

Quasi-federal with some vital elements of unitariness

Reason — In the words of Dr. B.R. Ambedkar, "The Union is not strictly a federal polity but a quasi-federal polity with some vital and important elements of unitariness." Though powers are divided between the Centre and the States, the Constitution has made the Centre more powerful.

Government of India Act, 1935

Reason — The Constitution of India has adopted many of the features of the Government of India Act, 1935, which provided for a scheme of federation with three lists — Federal List, Provincial List and Concurrent List.

Directive Principles : Japanese Constitution

Reason — The Directive Principles of State Policy were borrowed from the Irish Constitution of 1937. Therefore, the pair "Directive Principles : Japanese Constitution" is incorrect.

Both Assertion (A) and Reason (R) are correct and Reason (R) is correct explanation of Assertion (A).

Explanation — The Indian Constitution is federal in structure, it has made the Central Government so powerful that it has become almost unitary in essence. Even though there is a division of powers between the Union (or Centre) on the one hand and the Units (or States) on the other, however the powers vested in the Centre are far superior than that of the States.

The Supreme Court

Reason — The Supreme Court, as the apex body of the independent Judiciary, acts as the guardian of the Constitution. It has the authority to declare any law passed by the legislature or the executive null and void if it is found to be unconstitutional.

more flexible than rigid

Reason — The Indian Constitution is a blend of rigidity and flexibility. Since the greater part of it can be amended by Parliament without much difficulty, it is regarded as more flexible than rigid.

P and Q

Reason — The rationale behind adopting Universal Adult Franchise was that the system is based on political equality and everybody should have a right to vote in a democracy (P), and that if a government affects all, it must be responsible to all (Q). Statements R and S are not among the reasons given.

Both (A) and (R) are true, and (R) is the correct explanation of (A)

Explanation — Our Constitution makers established an independent Judiciary in India, in which the Supreme Court acts as the guardian of the citizens' rights and of the Constitution. It has the authority to declare any law passed by the legislature or the executive null and void if it is found to be unconstitutional, particularly in violation of Fundamental Rights. Thus, this power of judicial review is precisely the reason why the Supreme Court is regarded as the guardian of the Constitution.

(B) is the reason for (A)

Reason — Although India is a federation, its citizens have not been provided with dual citizenship as in the U.S.A. All Indians enjoy single citizenship to promote the feeling of fraternity and patriotism and to check separatist tendencies. Hence, (B) is the reason for (A).

Both (i) and (ii)

Reason — Fundamental Rights are inviolable and can be enforced by the Judiciary, ensuring that both the Legislature and the Executive comply with them. Hence, both statements are correct.

18 years and above

Reason — Under Universal Adult Franchise, every citizen of 18 years of age and above has been given the right to take part in the elections without any restrictions based on caste, creed, colour, educational qualifications or property rights.

Articles 36—51

Reason — The Directive Principles of State Policy are contained in Part IV of the Constitution, from Articles 36 to 51.

Australian Constitution

Reason — The idea of the Concurrent List was taken from the Australian Constitution.

Both (i) and (ii)

Reason — Statement (i) is not true because the Constitution is more flexible than rigid, most of it being amendable by Parliament. Statement (ii) is not true because there is a clear division of powers between the Union and the States. Hence, both statements are untrue.

12

Reason — The Constitution originally had 395 Articles in 22 parts and 8 Schedules. At present it has 448 Articles and 12 Schedules in 25 parts.

Both (i) and (ii)

Reason — In the Parliamentary form of Government, the Executive is a part of the Legislature and is responsible to it, so it remains in constant touch with it. The President is only the constitutional head, while the real powers lie with the Prime Minister and his/her Council of Ministers.

The Supreme Court can declare any law passed by the executive or legislature null and void if it violates the provisions of Constitution.

Reason — The Supreme Court has the authority to declare any law passed by the legislature or the executive null and void if it is found to be unconstitutional, particularly in violation of Fundamental Rights. This power of judicial review is the clearest expression of the independence of the Judiciary.

Both (i) and (ii)

Reason — Universal Adult Franchise is based on political equality, and in a democracy everybody should have the right to vote. Hence, both statements are correct.

A written Constitution is based on the laws enacted by a representative body of the people elected for this specific purpose. An unwritten Constitution is based on unwritten traditions, customs, conventions and practices.

Two reasons why the Indian Constitution is a lengthy Constitution are:

1. The Constitution makers incorporated many good features from the Constitutions of different countries.
2. Amendments made from time to time have increased the size of the Constitution.

The Directive Principles of State Policy mainly aim at guiding the Government to strive more and more for the welfare of the people.

In a federal Constitution, powers are divided between the Central Government and the State Governments, whereas in a unitary Constitution, all powers are vested in the Central Government.

The Indian Constitution is federal in structure because powers are divided between the Union and the States. However, it is unitary in spirit because the Centre has been made far more powerful through emergency powers, residuary powers, superiority in the Concurrent List, the position of the Governor and greater financial control.

Two federal features of the Indian Constitution are as follows:

1. There is a division of powers between the Union (or Centre) on the one hand and the Units (or States) on the other.
2. Secondly, the Indian Constitution is written and more flexible than rigid. The division of powers between the Centre and the States has been put in black and white.

No, India has single citizenship. Unlike the USA, where people enjoy dual citizenship (one of the Union and another of the State), all Indians, irrespective of their domicile, enjoy only one citizenship. In India a person born in any state, such as Bihar, Punjab or Telangana, can only be a citizen of India and not a separate citizen of that state.

The essential features of the Parliamentary form of Government are:

1. The Executive is a part of the Legislature.
2. The President is only the Constitutional Head. The real powers lie with the Prime Minister and the Council of Ministers.
3. The Council of Ministers is collectively responsible to the Parliament.

A foreign country which has the parliamentary form of Government is England.

The Directive Principles of State Policy were incorporated in the Constitution of India with the main aim of guiding the Government to strive more and more for the welfare of the people.

The feature referred to is Universal Adult Franchise. Under this system, every citizen of India who is 18 years of age and above has the right to vote without any discrimination based on caste, creed, colour, educational qualifications or property.

(a) According to the Citizenship (Amendment) Act, 2003, the Government of India granted Overseas Citizenship of India (OCI) status to Persons of Indian Origin (PIOs) who migrated abroad after 26 January 1950.

(b) Although India is a federation, its citizens have not been provided with dual citizenship (one for the Federal Government and the other for the State Government) as in the case of U.S.A. All Indians, irrespective of their domicile, enjoy one citizenship. In India a person born in any state, such as Bihar, Punjab or Telangana, can only be a citizen of India and not a separate citizen of that state.

(a) Universal Adult Franchise — The Constitution of India provides for Universal Adult Franchise. It means every citizen of 18 years of age and above has been given the right to take part in the elections without any restrictions based on caste, creed or colour, educational qualifications or property rights.

(b) A Secular State — The Indian Constitution has declared India to be a secular state where all citizens enjoy equal rights and are equal before the law irrespective of caste, colour, creed, religion or sex. Anybody in India can practise any religion he or she chooses, and no distinction is made on this account.

(c) Fundamental Rights of the Citizens — The Indian Constitution has guaranteed several Fundamental Rights to all its citizens. They are grouped into six categories such as Right to Equality; Right to Freedom; Freedom of Religion; Cultural and Educational Rights; Right against Exploitation and Right to Constitutional Remedies. These rights are inviolable and enforceable by the Judiciary. They are binding on the Legislature and the Executive.