Suggestions for MINOR TEST 1

1 The Indian Constitution is available in 22 languages. True

2 The right to vote is a Fundamental Right in India. False

3 The Constitution allows for the establishment of a Panchayati Raj system. True

4 The President can be impeached for violation of the Constitution. True

5 The Indian Constitution was drafted in the city of Delhi. True

6 The Constitution does not mention the word "secular." False

7 The Supreme Court is the highest court of appeal in India. True

8 The Constitution of India originally had 395 articles. True

9 The Rajya Sabha is the upper house of Parliament. True

10 The Election Commission of India is responsible for conducting elections in the country. True

11 The Constitution of India has a preamble. True

12 Article 370 provided special status to Jammu and Kashmir. True

13 The Directive Principles of State Policy are enforceable by the courts. False

14 The Constitution was adopted by the Constituent Assembly on November 26, 1949. True

15 The word Liberty is in the Preamble of the Constitution. True

16 The Governor is the head of a state in India. True

17 The Lok Sabha has a term of five years. True

18 India follows the parliamentary system of governance. True

19 The Constitution of India came into effect on January 26, 1950. True

20 Who was the first President of India? Dr Rajendra Prasad

21 The Constitution provides for a bicameral legislature in all states. False

22 Who was the head of the Drafting Committee? Dr B.R. Ambedkar

23 Who was the first Prime Minister of India? Pandit Nehru

The Constitution does not provide for the separation of powers among the legislature,
24 False
executive, and judiciary.

25 The Constitution of India provides for a single citizenship. True

26 The Fundamental Rights are justiciable under the Constitution. True

27 The Constitution of India allows for the death penalty. True

28 There is no provision for a money bill in the Indian Parliament. False

29 Amendments to the Constitution can only be made by a two-thirds majority in Parliament. False

30 The Indian Constitution is the longest written constitution in the world. True

31 The President of India serves a term of six years. False

32 The right to education is a Fundamental Right in India. True

33 The Constitution allows for a single citizenship. True

34 The Constitution does not mention the word "secular." False

35 The Fundamental Rights are justiciable under the Constitution. True

36 The Governor is the head of a state in India. True

37 The President of India is elected directly by the people. False

Codified and Uncodified Law

Codified Law refers to laws that are written and organized into a systematic collection or code.
This type of law is often found in a single document, making it accessible and clear. For
example, the Constitution of India is a codified document that lays down the fundamental laws
governing the country, including the structure of government, the rights of citizens, and the
duties of the state. Codified laws provide clarity and certainty, as they are structured in a way
that can be easily referenced.

Uncodified Law, on the other hand, comprises laws that are not compiled into a single written
document. Instead, these laws derive from various sources, including statutes, common law,
conventions, and legal precedents. The United Kingdom is a prime example of a jurisdiction with
an uncodified constitution, where the legal framework is based on statutes and historical
documents, along with customs and judicial decisions. The flexibility of uncodified law allows
for evolutionary changes over time, but it can also lead to ambiguity and uncertainty.
Federal System vs. Unitary Bias

A federal system is characterized by a division of powers between the central government and
regional governments (such as states or provinces), each having its own jurisdiction and
authority. This division is constitutionally entrenched, ensuring that both levels of government
operate within their respective spheres of power. An example of a federal system is the United
States, where states have significant autonomy over various matters, such as education and local
law enforcement.

In contrast, a unitary system concentrates power at the central level, allowing regional
governments to operate only with the authority granted by the central government. This means
that the central authority can revoke powers or alter the structure of local governments as it sees
fit. India, while primarily a federal system, exhibits a unitary bias, especially during times of
emergency. This bias means that the central government has more power over the states during
crises, leading to a temporary shift of authority.

Regulating Act of 1773

The Regulating Act of 1773 was the first law passed by the British Parliament to regulate the
affairs of the East India Company in India. It aimed to address the growing issues of corruption
and mismanagement within the Company, which was acting like a sovereign power. The Act
established a framework for governance, introducing a Governor-General in Bengal and a
Supreme Court in Calcutta. It also laid the groundwork for subsequent reforms and legislative
acts, ultimately leading to more direct British control over India.

Government of India Act 1919

The Government of India Act 1919 introduced significant reforms in the governance structure
of British India. It established a dual system of governance known as dyarchy in the provinces,
where responsibilities were divided between elected Indian ministers and appointed British
officials. The Act expanded the electorate, allowing a larger segment of the Indian population to
participate in elections. However, it retained significant powers for the British government, and
the system was criticized for not providing true self-governance, as key areas remained under
British control.

Government of India Act 1935

The Government of India Act 1935 marked a significant step towards federalism in India. It
provided for a federal structure, with a clear division of powers between the central and
provincial governments. The Act established a bicameral legislature at both the central and
provincial levels and aimed to increase Indian representation in governance. However, it faced
criticism for being inadequate in granting full autonomy to Indians, leading to further political
agitation for independence.

Indian Independence Act 1947

The Indian Independence Act of 1947 was the legislative measure enacted by the British
Parliament that granted India its independence. It provided for the partition of British India into
two independent dominions: India and Pakistan. The Act facilitated the transfer of power from
the British to Indian leaders and set the framework for the creation of a Constituent Assembly,
which was tasked with drafting a new constitution. The independence brought an end to colonial
rule, marking a significant turning point in India's history.

Independent Judiciary

The concept of independent judiciary refers to the judiciary's ability to operate free from
interference by the executive and legislative branches of government. An independent judiciary
is vital for upholding the rule of law and protecting the rights of individuals. In India, the
Constitution establishes the judiciary as a separate entity, ensuring that judges can make
decisions based solely on legal principles and facts, without external pressure. This independence
is essential for maintaining public confidence in the legal system and ensuring justice is
administered fairly.

Distribution of Powers

The distribution of powers refers to how authority is allocated among different levels of
government. In a federal system like India, powers are divided between the central government
and state governments, with specific responsibilities assigned to each. The Constitution
delineates these powers through lists, such as the Union List, State List, and Concurrent List,
which outline the subjects on which each level can legislate. This distribution is crucial for
preventing the concentration of power and promoting accountability within the political system.

Supremacy of Constitution

The supremacy of the Constitution means that the Constitution is the highest law of the land,
and any law or action inconsistent with it is void. This principle ensures that all governmental
actions, laws, and policies adhere to constitutional provisions. In India, the judiciary plays a
critical role in enforcing the supremacy of the Constitution, interpreting its provisions, and
reviewing laws to ensure they comply with constitutional mandates. This principle safeguards
the rights of citizens and upholds the rule of law.

Dual Government

A dual government system consists of two levels of government, typically a central authority
and regional authorities (such as states), each possessing specific powers and responsibilities. In
India, the central government holds certain powers, while states have their own jurisdiction over
various subjects. This duality is crucial for accommodating the diverse needs of the population
across different regions. The Constitution defines the scope of authority for each level of
government, ensuring that they operate within their respective domains.

Historical Background of the Constitution of India

The Constitution of India was adopted on January 26, 1950, following a long struggle for
independence from British rule. The roots of the Constitution can be traced back to the demand
for self-governance during the freedom movement. The Constituent Assembly was formed in
1946, comprising representatives from various political parties and regions. The assembly
deliberated for almost three years, considering various constitutional models and principles,
ultimately drafting a comprehensive Constitution that reflected the aspirations of the Indian
people. The historical context of colonialism and the diversity of the Indian populace greatly
influenced the formulation of the Constitution.

Salient Features of Indian Constitution

The Indian Constitution is characterized by several salient features, making it unique. Firstly, it
is one of the longest written constitutions globally, reflecting India's diverse society and complex
governance needs. Secondly, it establishes a federal structure, distributing powers between the
central and state governments. Thirdly, it enshrines Fundamental Rights, ensuring the protection
of individual liberties and social justice. Additionally, the Directive Principles of State Policy
provide guidelines for the state to promote welfare and economic justice. The parliamentary
system of governance, secularism, and provisions for social justice further enhance its distinctive
nature.

Concept of Federal Government

A federal government is characterized by a division of powers between a central authority and

regional governments (states or provinces), each having its own jurisdiction and authority. In a
federal system, both levels of government operate independently within their respective spheres,
allowing for local governance and representation. The Constitution of India delineates the
powers through three lists: the Union List, State List, and Concurrent List. This federal structure
enables the central government to address national issues while allowing states to manage local
affairs, thus accommodating the diverse needs of the population.

Concept of Quasi-Federalism

Quasi-federalism is a hybrid system that combines elements of both federal and unitary
governance. In a quasi-federal system, while there is a distribution of powers between the central
and state governments, the central authority retains significant control, especially during
emergencies. India is often described as quasi-federal due to its unitary bias during crises, where
the central government can assume greater powers over states. This structure allows for regional
autonomy while ensuring that the central government can maintain stability and governance
across the nation.

Single Citizenship

The concept of single citizenship in India means that all Indians are citizens of India, regardless
of the state or territory in which they reside. This principle promotes national unity and equality
among citizens, as it avoids discrimination based on regional identities. Unlike countries that
allow for dual citizenship or state-specific citizenship, India's single citizenship ensures that all
individuals enjoy the same rights and privileges under the Constitution, fostering a sense of
belonging and community across diverse regions.

Comparative Analysis of India in Pre and Post-Independence Era

The pre-independence era in India was marked by British colonial rule, characterized by
exploitation, oppression, and a lack of political representation for Indians. Various freedom
movements emerged, advocating for self-governance and rights. The post-independence era, on
the other hand, ushered in a new phase of governance based on democratic principles. India
adopted a Constitution that enshrined fundamental rights, social justice, and equality. The
transition from colonial rule to a sovereign republic marked a significant shift in the political
landscape, enabling greater participation of citizens in governance and fostering a spirit of
nationalism and unity.

Rule of Law

The rule of law is a fundamental principle stating that no one is above the law, and all
individuals and authorities are subject to the law. It ensures that laws are applied fairly and
consistently, protecting individual rights and liberties while holding all entities accountable. In
India, the Constitution enshrines the rule of law, and the judiciary plays a critical role in
upholding this principle. By providing a framework for legal recourse and justice, the rule of law
serves as a cornerstone for democracy and governance.

Importance of Drafting Committee in India

The Drafting Committee was a pivotal body in formulating the Constitution of India. Chaired
by Dr. B.R. Ambedkar, the committee was responsible for translating the ideals of the freedom
movement into a comprehensive legal framework. The committee's work involved extensive
deliberation and consideration of various constitutional models, ensuring that the Constitution
addressed the diverse needs of Indian society. Its significance lies in establishing the principles
of justice, liberty, equality, and fraternity as the foundation of the Indian state. The Drafting
Committee's efforts have had a lasting impact on India's political landscape and governance.