IASbaba\u2019s 60 Day Plan 2017 - Day 01 to Day 60.pdf - IASbabas 60 Day Plan Day 1(Polity 2017 DAY 1 SUBJECT POLITY TOPICS Constitution Historical

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Unformatted text preview: IASbaba’s 60 Day Plan – Day 1 (Polity) 2017 DAY 1 SUBJECT –POLITY TOPICS: Constitution – Historical Background, Making of the Constitution, Philosophy of the Constitution Union and its Territory Citizenship PRELIMS MCQ’s: Q.1) Which of the following pair[s] is/are correctly matched? Provision 1. Institution of Speaker and her role 2. The idea of residual powers 3. Law making procedure Source - USA Canada United Kingdom Select the correct code: a) b) c) d) 1 Only 2 Only 2 and 3 Only 1 and 3 Only Q.1) Solution (c) Institution of speaker and her role is taken from UK (British Constitution) . The other 2 statements are right. Government of India Act 1935: Federal Scheme (also from constitution of Canada), Office of Governor, Judiciary, Public Service Commission, Emergency Provisions, Administrative Details, British Constitution: Parliamentary form of government, The idea of single citizenship, The idea of the Rule of law, Institution of Speaker and his role, Lawmaking procedure, Procedure established by Law. IASbaba’s 60 Day Plan – Day 1 (Polity) 2017 United States Constitution: Preamble, Fundamental Rights, Federal structure of government, Electoral College, Independence of the judiciary and separation of powers among the three branches of the government, Judicial review, President as supreme commander of armed forces, Equal Protection under law. Irish Constitution: Directive principles of state policy {Ireland itself borrowed it from Spain}. Australian Constitution: Freedom of trade and commerce within the country and between the states, Power of the national legislature to make laws for implementing treaties, even on matters outside normal Federal jurisdiction, Concurrent List. French Constitution: Ideals of Liberty, Equality and Fraternity. Canadian Constitution: A quasi-federal form of government — a federal system with a strong central government, Distribution of powers between the central government and state governments, Residual powers retained by the central government. Constitution of the Soviet Union: Fundamental Duties. Weimar Constitution (Germany): . Emergency Provision Under article 356. South Africa: Amendment of Constitution Japan: Due Procedure of Law Source: Chapter 2 “Making of the Indian Constitution” - Indian Polity by M. Laxmikanth Q.2) Which of the following is/are the features of Parliamentary form of the government? 1. 2. 3. 4. Bicameralism Leadership of the Chief Minister Collective responsibility of the executive to the Parliament Membership of the ministers in the legislature Choose the correct option a) b) c) d) 1 and 3 only 2 and 4 only 2, 3 and 4 only 1, 2, 3 and 4 only IASbaba’s 60 Day Plan – Day 1 (Polity) 2017 Q.2) Solution (c) Bicameralism is not essentially a feature of parliamentary democracy. The parliamentary system is also known as the ‘Westminster’ model of government, responsible government and cabinet government. The Constitution establishes the parliamentary system not only at the Centre but also in the states. The features of parliamentary government in India are: (a) Presence of nominal and real executives (b) Majority party rule (c) Collective responsibility of the executive to the legislature (foundation principle of Parliamentary govt) (d) Membership of the ministers in the legislature (e) Leadership of the prime minister or the chief minister (f) Dissolution of the lower House (Lok Sabha or Assembly) Even though the Indian Parliamentary System is largely based on the British pattern, there are some fundamental differences between the two. For example, the Indian Parliament is not a sovereign body like the British Parliament. Further, the Indian State has an elected head (republic) while the British State has hereditary head (monarchy). In a parliamentary system whether in India or Britain, the role of the Prime Minister has become so significant and crucial that the political scientists like to call it a ‘Prime Ministerial Government’. Source: Chapter 3 “Salient Features of Indian Constitution” - Indian Polity by M. Laxmikanth Q.3) After the great revolt of 1857, the British Government felt the necessity of seeking the cooperation of the Indians in the administration of their country. In pursuance of this policy of association, many Acts were enacted. Which Act, introduced, for the first time, bicameralism and direct elections in the country? a) b) c) d) Morley-Minto Reforms Montagu-Chelmsford Reforms Government of India Act, 1935 Government of India Act, 1892 Q.3) Solution (b) IASbaba’s 60 Day Plan – Day 1 (Polity) 2017 On August 20, 1917, the British Government declared, for the first time, that its objective was the gradual introduction of responsible government in India The Government of India Act of 1919 was thus enacted, which came into force in 1921. This Act is also known as Montagu-Chelmsford Reforms (Montagu was the Secretary of State for India and Lord Chelmsford was the Viceroy of India). 1. It relaxed the central control over the provinces by demarcating and separating the central and provincial subjects. However, the structure of government continued to be centralised and unitary. 2. It further divided the provincial subjects into two parts—transferred and reserved. The transferred subjects were to be administered by the governor with the aid of ministers responsible to the legislative Council. The reserved subjects, on the other hand, were to be administered by the governor and his executive council without being responsible to the legislative Council. This dual scheme of governance was known as ‘dyarchy’= 3. It introduced, for the first time, bicameralism and direct elections in the country. Thus, the Indian Legislative Council was replaced by a bicameral legislature consisting of an Upper House (Council of State) and a Lower House (Legislative Assembly). The majority of members of both the Houses were chosen by direct election. 4. It required that the three of the six members of the Viceroy’s executive Council (other than the commander-in-chief) were to be Indian. 5. It extended the principle of communal representation by providing separate electorates for Sikhs, Indian Christians, Anglo-Indians and Europeans. 6. It granted franchise to a limited number of people on the basis of property, tax or education. 7. It created a new office of the High Commissioner for India in London and transferred to him some of the functions hitherto performed by the Secretary of State for India. 8. It provided for the establishment of a public service commission. Hence, a Central Public Service Commission was set up in 1926 for recruiting civil servants. 9. It separated, for the first time, provincial budgets from the Central budget and authorised the provincial legislatures to enact their budgets. 10. It provided for the appointment of a statutory commission to inquire into and report on its working after ten years of its coming into force. Think: Do read Government of India Act, 1935 and Government of India Act, 1909 – Important from Exam perspective Source: Chapter 1 “Historical Background”, Indian Polity by Laxmikanth IASbaba’s 60 Day Plan – Day 1 (Polity) 2017 Q.4) With regard to the Preamble of the Indian Constitution, consider the following statements 1. In the event of a conflict between the Preamble and a specific provision of the Constitution the former will prevail. 2. The Preamble is a part of the Constitution. 3. It was held by the Supreme Court as not a part of the Constitution in Berubari Union Case. Which of the above statements are correct? a) b) c) d) 1 and 2 only 2 and 3 only 1 and 3 only All of the above Q.4) Solution (b) The Preamble embodies the basic philosophy and fundamental values—political, moral and religious on which the Constitution is based. The Preamble cannot override the specific provisions of the Constitution. In case of any conflict between the two, the latter shall prevail. PREAMBLE AS PART OF THE CONSTITUTION One of the controversies about the Preamble is as to whether it is a part of the Constitution or not. In the Berubari Union case (1960), the Supreme Court said that the Preamble shows the general purposes behind the several provisions in the Constitution, and is thus a key to the minds of the makers of the Constitution. Further, where the terms used in any article are ambiguous or capable ofmore than one meaning, some assistance at interpretation may be taken from the objectives enshrined in the Preamble. Despite this recognition of the significance of the Preamble, the Supreme Court specifically opined that Preamble is not a part of the Constitution. In the Kesavananda Bharati case (1973), the Supreme Court rejected the earlier opinion and held that Preamble is a part of the Constitution. It observed that the Preamble is of extreme importance and the Constitution should be read and interpreted in the light of the grand and noble vision expressed inthe Preamble. In IASbaba’s 60 Day Plan – Day 1 (Polity) 2017 the LIC of India case (1995) also, the Supreme Court again held that the Preamble is an integral part of the Constitution. Source: Chapter 4 “Preamble of the Constitution”, Indian Polity by Laxmikanth Q.5) In India, who is constitutionally empowered to act as the final interpreter of the Constitution? a) b) c) d) President Union Council of Ministers Parliament Supreme Court Q.5) Solution (d) Under Article 13, Judiciary has power to void any provisions of laws, actions of the executive Source: Chapter 3 “Salient Features of Indian Constitution” - Indian Polity by M. Laxmikanth Q.6) Federalism is a key feature of the Indian constitution. Which of the following statements concerning this is INCORRECT? a) Both Central and state governments have been established by the constitution. b) Both governments derive their power from the constitution. c) Since the State governments are autonomous political units, the Central government cannot enforce any order on them. d) Indian citizens are governed by laws and rules made by both Central and state governments at the same time. Q.6) Solution (c) In India, though the State governments are autonomous political units, the Central government can enforce an order on them. For instance, in times of emergency. Source: Chapter 3 “Salient Features of Indian Constitution” - Indian Polity by M. Laxmikanth Q.7) Which of the following is not a pillar of the Parliamentary democracy in India? IASbaba’s 60 Day Plan – Day 1 (Polity) 2017 a) b) c) d) Universal adult suffrage Political representatives are accountable to the people All eligible citizens are allowed to contest elections without discrimination. Separation of powers Q.7) Solution (d) Separation of Powers deals with ensuring equitable distribution of power between agencies of state namely Execuitive, Judiciary and Legislature and can be integral to any kind of Polity and not specifically to Parliamentary democracy Source: Chapter 2 “Making of Constitution of India”, Indian Polity by Laxmikanth Q.8) Consider the following with regard to Constituent Assembly of India 1. It was constituted under the scheme formulated by the Cabinet Mission Plan 2. The Assembly included all important personalities of India at that time, with the exception of M A Jinnah 3. Its members were directly elected by the people of India Choose the correct code a) b) c) d) 1 Only 1 and 2 Only 3 Only None of the above Q.8) Solution (a) The Constituent Assembly was constituted in November 1946 under the scheme formulated by the Cabinet Mission Plan. The Constituent Assembly was to be a partly elected and partly nominated body. Moreover, the members were to be indirectly elected by the members of the provincial assemblies, who themselves were elected on a limited franchise. The elections to the Constituent Assembly (for 296 seats allotted to the British Indian Provinces) were held in July–August 1946. The Indian National Congress won 208 seats, the Muslim League 73 seats, and the small groups and independents got the remaining 15 seats. IASbaba’s 60 Day Plan – Day 1 (Polity) 2017 However, the 93 seats allotted to the princely states were not filled as they decided to stay away from the Constituent Assembly. Although the Constituent Assembly was not directly elected by the people of India on the basis of adult franchise, the Assembly comprised representatives of all sections of Indian Society—Hindus, Muslims, Sikhs, Parsis, Anglo–Indians, Indian Christians, SCs, STs including women of all these sections. The Assembly included all important personalities of India at that time, with the exception of Mahatma Gandhi and M A Jinnah. Source: Chapter 2 “Making of Constitution of India”, Indian Polity by Laxmikanth Q.9) Consider the following statements 1. In India, both a citizen by birth as well as a naturalised citizen are eligible for the office of President 2. Parliament has the power to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship Select the correct code a) b) c) d) 1 Only 2 Only Both 1 and 2 Neither 1 nor 2 Q.9) Solution (c) In India both a citizen by birth as well as a naturalised citizen are eligible for the office of President while in USA, only a citizen by birth and not a naturalised citizen is eligible for the office of President. Parliament shall have the power to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship (Article 11). Source: Chapter 6 “Citizenship”, Indian Polity by Laxmikanth Q.10) The federation as prescribed by Government of India Act, 1935 never came into being because a) The Muslim League did not support federalism; rather they wanted a strong Centre to safeguard their interest. b) It was optional for the Indian States to join the federation IASbaba’s 60 Day Plan – Day 1 (Polity) 2017 c) The administration of State subjects like agriculture, law and order was under Governor-General. d) None of the above Q.10) Solution (b) The federation as prescribed by Government of India Act, 1935 never came into being because it was optional for the Indian States (or the Princely States) to join the federation. And since the rulers of the Indian States never gave their consent, the Federation as envisaged by the Act of 1935 never came into being. Source: Chapter 1 ‘ Historical Background’, D.D. Basu Q.11) Suppose the Parliament of India wants to form a new State X’, then which of the following Article should be invoked? a) b) c) d) Article 1 Article 2 Article 3 Article 4 Q.11) Solution (b) Article 2 empowers the Parliament to ‘admit into the Union of India, or establish, new states on such terms and conditions as it thinks fit’. Thus, Article 2 grants two powers to the Parliament: (a) the power to admit into the Union of India new states; and (b) the power to establish new states. The first refers to the admission of states which are already in existence while the second refers to the establishment of states which were not in existence before. Notably, Article 2 relates to the admission or establishment of new states that are not part of the Union of India. Article 3, on the other hand, relates to the formation of or changes in the existing states of the Union of India. In other words, Article 3 deals with the internal re-adjustment inter se of the territories of the constituent states of the Union of India. Source: Chapter 5 “Union and its Territory”, Indian Polity by Laxmikanth IASbaba’s 60 Day Plan – Day 1 (Polity) 2017 Q.12) Consider the following statements: Assertion (A) : The Parliament can redraw the political map of India according to its will Reason (R) : The territorial integrity of any state is not guaranteed by the Constitution Select the correct answer using the code given below: a) b) c) d) Both A and R are True and R is the correct explanation of A Both A and R are True but R is not the correct explanation of A A is True and R is False A is False and R is True Q.12) Solution (a) It is thus clear that the Constitution authorises the Parliament to form new states or alter the areas, boundaries or names of the existing states without their consent. In other words, the Parliament can redraw the political map of India according to its will. Hence, the territorial integrity or continued existence of any state is not guaranteed by the Constitution. Therefore, India is rightly described as ‘an indestructible union of destructible states’. The Union government can destroy the states whereas the state governments cannot destroy the Union. In USA, on the other hand, the territorial integrity or continued existence of a state is guaranteed by the Constitution. The American Federal government cannot form new states or alter the borders of existing states without the consent of the states concerned. That is why the USA is described as ‘an indestructible union of indestructible states.’ Source: Chapter 5 “Union and its Territory”, Indian Polity by Laxmikanth Q.13) Consider the following statements 1. The Preamble is a source of power to the legislature 2. The Preamble was enacted by the Constituent Assembly after the rest of the Constitution was already enacted. Select the correct code a) b) c) d) 1 Only 2 Only Both 1 and 2 Neither 1 nor 2 IASbaba’s 60 Day Plan – Day 1 (Polity) 2017 Q.13) Solution (b) The Preamble is neither a source of power to legislature nor a prohibition upon the powers of legislature. It is non-justiciable, that is, its provisions are not enforceable in courts of law. Like any other part of the Constitution, the Preamble was also enacted by the Constituent Assembly, but, after the rest of the Constitution was already enacted. The reason for inserting the Preamble at the end was to ensure that it was in conformity with the Constitution as adopted by the Constituent Assembly. Source: Chapter 4 “Preamble of the Constitution”, Indian Polity by Laxmikanth Q.14) Which of the following provisions of the Constitution reveal the Secular character of the Indian State? 1. 2. 3. 4. Article 30 Article 14 Article 29 Article 44 Select the correct code a) b) c) d) 1 and 2 Only 1, 2 and 3 1, 2, 3 and 4 2 Only Q.14) Solution (c) The following provisions of the Constitution reveal the secular character of the Indian State: (a) The term ‘secular’ was added to the Preamble of the Indian Constitution by the 42 nd Constitutional Amendment Act of 1976. (b) The Preamble secures to all citizens of India liberty of belief, faith and worship. (c) The State shall not deny to any person equality before the law or equal protection of the laws (Article 14) (d) The State shall not discriminate against any citizen on the ground of religion (Article 15). (e) Equality of opportunity for all citizens in matters of public employment (Article 16). IASbaba’s 60 Day Plan – Day 1 (Polity) 2017 (f) All persons are equally entitled to freedom of conscience and the right to freely profess, practice and propagate any religion (Article 25). (g) Every religious denomination or any of its section shall have the right to manage its religious affairs (Article 26). (h) No person shall be compelled to pay any taxes for the promotion of a particular religion (Article 27) (i) No religious instruction shall be provided in any educational institution maintained by the State (Article 28). (j) Any section of the citizens shall have the right to conserve its distinct language, script or culture (Article 29). (k) All minorities shall have the right to establish and administer educational institutions of their choice (Article 30). (l) The State shall endeavour to secure for all the citizens a Uniform Civil Code (Article 44). The Western concept of secularism connotes a complete separation between the religion (the church) and the state (the politics). This negative concept of secularism is inapplicable in the Indian situation where the society is multireligious. Hence, the Indian Constitution embodies the positive concept of secularism, i.e., giving ...
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