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KSLU Constitutional question and answer type document for exam study
Typology: Exams
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Q. 1 Discuss the salient features of Indian Constitution.
Constitution-12.pdf/ Q
Q. 2 What is the nature of Indian Constitution? Is it correct to say that Indian Constitution is
federal in character with unitary features?
Page 23
Or
"Constitution of India is neither purely federal nor purely unitary but is combination of both.
It is Union of Composite states of a novel type. It enshrines the principle that in spite of
federation, the national interest ought to be paramount" - Discuss this Statement.
Page 23
Q. 3 What is preamble? Discuss the meaning and importance of the Preamble.
Page 7
Or
Examine the importance of the Preamble of the Constitution and its relevance in
interpreting the provisions of Constitution.
Page 9
Q. 4 Discuss how a new state can be formed? What is the procedure for changing
boundaries of existing states under the Constitution?
Not answered
Q. 5 What do you understand by citizenship under the Constitution of India? Who are
Indian citizens under the Constitution?
Not answered
Q. 6 Describe the manner in which citizenship can be acquired and terminated under the
Citizenship Act 1955.
Page 16 / part of it.
Q. 7 What is the scope of definition of State in Article 12 of the Constitution? Does it
include judicial and incorporated bodies?
Page 21 / 2nd^ part not answered.
Q. 8 Describe briefly the general characteristic features of the fundamental rights.
Not answered
Q. 9 Writ short notes on the following doctrines :-
(A) The doctrine of Severability
Not answered
(B) The doctrine of Eclipse;
Page 15
(C) The doctrine of Waiver.
Not answered
Q. 10 What is meant by the "Rule of Law"? Discuss the principle of "equality before the law"
in the Indian Constitution and distinguish it from the "Equal protection of the law".
Page 11
Or
Q. Is making of classification contrary to the guarantee of "Right of equality" under Article
14 of the Constitution valid?
Not answered
Q. 11 What Article 14 prohibits is class legislation and not reasonable classification for the
purpose of legislation. Discuss.
Page 13
Or
"Is making of classification contrary to the guarantee of right of equality" under Article 14?
Discuss fully, suitably illustrating your answer.
Not answered
Q. 12 Can the State discriminate between citizens on the grounds of religion, caste, sex or
place of birth?
Q. 13 How the equality guaranteed by the Constitution in the matters of public employment
?
Or
In what manner is our constitution secular? Examine the Constitutional limits in which
religious freedom is avoidable to an individual in India?
Q. 28 Discuss the cultural and educational rights as guaranteed to linguistic and religious
minorities under the Constitution of India.
Q. 29 What are the provisions of the Constitution which are meant for protecting the laws
giving effect to the directive principles from being challenged as violative of the
fundamental rights?
Q. 30 Compare the writ jurisdiction of the Supreme Court with that of High Courts under the
Indian Constitution?
Q. 31 What do you understand by 'Writs'? Explain the circumstances in which various writs
can be issued.
Or
Write a short note on : (i) Habeas Corpus (ii) Mandamus (iii) Quo-Warranto (iv) Certiorari
and (v) Prohibition.
Q. 32 Discuss the nature, scope and purpose of Directive Principles of State Policy as
enumerated in Constitution.
Or
Enumerate the "Directive Principles of State Policy".
Q. 33 Examine the correlation between Fundamental Rights and Directive Principles of State
Policy.
Q. 34 What are the fundamental duties enumerated under Article 51-A of the Constitution?
What is the importance of these duties?
The judgement in the case I.R. Coelho (Dead) By Lrs vs State Of Tamil Nadu & Ors , defines constitutionalism as
―a legal principle which requires control over the exercise of Governmental power to ensure that it does not destroy the democratic principles upon which it is based.‖
Therefore, in order to preserve the basic freedoms of the individual, and to maintain his personality and dignity, the Constitution needs to be permeated with ‗constitutionalism‘; it should have some in-built restrictions on the powers conferred by it on governmental organs.
Indian constitution has several provisions to protect the constitutionality of the Indian constitution
In the Kesavananda Bharati v. State of Kerala held that the Parliament under the Indian Constitution is not supreme, in that it cannot change the basic structure of the constitution.
In Golak Nath vs State of Punjab , the Supreme Court overruled its earlier decision. The Supreme Court held that the Parliament has no power to amend Part III of the constitution as the fundamental rights are transcendental and immutable
The importance and utility of the Preamble has been pointed out in several decisions of the Supreme Court of India. Though, by itself, it is not enforceable in Court of Law and does not constitute an operative part of the Indian constitution, yet it serves several important purposes
The Preamble to a written Constitution states the objects which the constitution seeks to establish and promote and also aids the legal interpretation of the Constitution where the language is found to be ambiguous .The Preamble to our Constitution serves two purposes
(a) It indicates the source from which the constitution derives its authority i.e the people of India (b) It also states the objects which the constitution seeks to establish and promote (c) It also contains the enacting clause, which brings the Constitution into force.
The preamble of Constitution of India proclaims India as a ‗ Sovereign, Socialist, Secular, Democratic Republic, and to secure for all its citizens, Justice, Liberty, Equality and Fraternity.
Sovereign : The term ‗sovereign ‗implies that India is internally supreme and externally free. State authority of India is supreme over all men and all associations within India‘s territorial boundary. This is India‘s internal sovereignty. Externally India is free from all external controls.
Socialist : The terms socialist and secular were added to the preamble by 42nd amendment in 1976.What was implicit in the Constitution until then became explicit. India‘s association with socialism began in the early fifties at the Avadi Congress. Glaring disparity in income distribution induced the government to control the commanding heights of the economy in the interest of suffering masses.
Secular : India is a ‗Secular State‘ does not mean that India is non-religious or irreligious, or anti religious, but simply that the State in itself is not religious and embodies the ancient Indian principle of ―Sarva Dharma Sama bhava‖, meaning thereby that the State shall not discriminate against the citizens in any way on the basis of religion.
Democratic : India‘s aim is to build up not only a democratic political system but also a democratic social system. In the matter of political organization, India has opted for representative democracy. This implies that government power shall be vested in the popularly elected representatives of the people. In India popular elections give legitimacy to our rulers.
Republic : A system is republican where no office of the state is held on the basis of hereditary prescriptive rights. In India every office of the state from the highest to the lowest is open to every citizen. Any citizen may occupy any office on the basis of merit.
Thus, headship of the state is not hereditary as in England, nor is it based on military power as in dictatorial regimes.
The Preamble states that the objectives to be secured to every citizen are –
(i) Justice-social, economic and political.
(ii) Liberty-of thought, expression, belief, faith and worship.
Liberty confers on every person
(iii)Equality-of status, opportunity;
(iv) fraternity as an ideal - to ensure the dignity of the individual and unity of the nation
Fraternity is not an independent ideal but a resultant of the successful realization of important ideals listed earlier. The fraternity which the Preamble seeks to profess is not confined within the bounds of the national territory
(b) that Preamble is not a source of power nor a source of limitations or prohibitions; (c) the Preamble has a significant role to play in the interpretation of statutes, also in the interpretation of provisions of the Constitution.
The Supreme Court has held that Preamble is the part of the constitution and it can be
amended but, Parliament cannot amend the basic features of the preamble.
Introduction
Meaning
Essential elements of Federalism
change of residence within India. A minor or married person does not have the legal capacity to make a change of domicile. Therefore, a minor carries the domicile of his father and a married woman gets the domicile of her husband.
Every person having domicile in India at the commencement of the constitution and fulfilling the following condition is the citizen of India.
**1. He was born in India
Who has been ordinarily resident in India for not less than 5 years immediately preceding the commencement of the Constitution.
ii. Citizen Migrated from Pakistan - (Article 6)
At the time of independence of India there was large scale Migration of people from Pakistan to India. And special provisions are made for them under Article 6.
In July 1948, a permit system was introduced for migration. So, the citizenship rules are classified into
Who migrated before July 1948 :
**1. He was born in India, or
Who migrated after July 1948
**1. He was born in India, or
iii. Citizen Migrated to Pakistan - (Article 7)
The Article 7 refers to two clauses
iv. Citizen by registration - (Article 8)
A Person –
**1. who was born in India
Parliament, in exercise of the powers given to it under article 11 of the Constitution, has passed the Citizenship Act, 1955, making provisions for acquisition and termination of citizenship after the commencement of the Constitution. The Act provides for the acquisition of Indian citizenship after the commencement of the Constitution in 5 ways. Examples - Birth, Descent, registration, naturalization and incorporation of territory.
i. Citizenship by Birth -
A person born in India on or after 26 January 1950, is a citizen of India by birth except when -
ii. Citizenship by Descent -
A person born outside India on after 26 January 1950, is citizen of India by descent, if