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The concept of 'Constitutional Morality' in Indian jurisprudence emphasizes adherence to:
- Only the literal text of the Constitution
- Core constitutional values like liberty, equality, fraternity, and rule of law
- Majority opinion in Parliament
- Traditional social customs
Answer: Core constitutional values like liberty, equality, fraternity, and rule of law
Constitutional Morality (articulated in Navtej Singh Johar, 2018 and other cases): Means fidelity to constitutional values beyond mere legal compliance. Includes: (a) Respect for pluralism and diversity, (b) Protection of minority rights against majoritarian impulses, (c) Commitment to rule of law over rule of men, (d) Balance between individual liberty and social responsibility. Guides interpretation of constitutional provisions in evolving societal context.
In the Indian Constitution, residuary powers (subjects not in any List) are vested with the ______, whereas in the US Constitution, they are vested with the States.
- Supreme Court
- Union Government
- State Governments
- President
Answer: Union Government
Residuary powers comparison: (a) India: Article 248 - Parliament has exclusive power to make laws on residuary subjects; includes power to impose residuary taxes. Gives Indian federalism unitary bias, (b) USA: 10th Amendment - Powers not delegated to US nor prohibited to States are reserved to States or people. Reflects US federalism's State autonomy tradition. India's design prioritizes national unity and coordinated development in diverse, post-Partition context.
Fundamental Duties were added to the Indian Constitution by the 42nd Amendment, inspired by similar provisions in the Constitution of the ______.
- USA
- UK
- Soviet Union
- France
Answer: Soviet Union
Fundamental Duties comparison: (a) India: Article 51A (11 duties) added by 42nd Amendment (1976), inspired by USSR Constitution, (b) Other democracies: Most (USA, UK, Canada) don't have codified citizen duties in Constitution; duties implied through laws/citizenship oaths. Indian approach: Rights and duties are correlative; duties promote responsible citizenship, national unity, environmental protection. However, duties are non-justiciable; enforcement through moral/political pressure, not courts.
Both India and USA follow the principle of constitutional supremacy where the Constitution is the supreme law and ordinary laws inconsistent with it are void.
- True
- False
Answer: True
Constitutional supremacy: (a) India: Article 13 declares laws inconsistent with Fundamental Rights void; Supreme Court exercises judicial review (Kesavananda Bharati), (b) USA: Supremacy Clause (Article VI) establishes Constitution as supreme law; Marbury v. Madison (1803) established judicial review. Contrast with UK: Parliamentary sovereignty - Parliament can make/unmake any law; courts cannot strike down Acts of Parliament. Constitutional supremacy protects fundamental values from transient legislative majorities.
Unlike the US Senate where members are directly elected, members of Rajya Sabha are elected by ______ using proportional representation.
- citizens directly
- State Legislative Assemblies
- Electoral College
- President
Answer: State Legislative Assemblies
Upper House comparison: (a) US Senate: 100 members (2 per State), directly elected by citizens, 6-year term, equal State representation regardless of population, (b) Indian Rajya Sabha: Max 250 members (238 elected + 12 nominated), elected by State Legislative Assemblies via proportional representation, 6-year term with 1/3 retiring every 2 years, representation based on State population. Rajya Sabha represents States in federal structure; Senate represents States as equal sovereign entities.
Unlike India's Directive Principles of State Policy, the Irish Constitution's Directive Principles are justiciable and enforceable by courts.
- True
- False
Answer: False
DPSP comparison: (a) India (Part IV, Articles 36-51): Non-justiciable; fundamental in governance but not enforceable by courts (Article 37), (b) Ireland (Article 45): Also non-justiciable; 'general guidance to Oireachtas (Parliament)' for law-making. Both treat socio-economic goals as aspirational directives, not enforceable rights. However, Indian courts use DPSP for interpreting statutes and FRs, giving them indirect justiciability (Minerva Mills case).
In a presidential system like USA, the President is both head of State and head of Government, whereas in India's parliamentary system, these roles are separated between the ______ and the Prime Minister.
- Vice President
- President
- Speaker
- Chief Justice
Answer: President
Executive system comparison: (a) Presidential (USA): President is head of State (ceremonial) AND head of Government (executive powers), directly elected, fixed tenure, not responsible to legislature, (b) Parliamentary (India/UK): President is nominal head of State, PM is real head of Government, Council collectively responsible to Lok Sabha, can be removed by no-confidence motion. Parliamentary system emphasizes executive-legislative coordination; presidential emphasizes separation of powers.
Unlike the UK, India has a written Constitution and the Supreme Court has the power of judicial review to strike down laws violating constitutional provisions.
- True
- False
Answer: True
Judiciary comparison: (a) Constitution: UK - Unwritten (conventions, statutes, case law), India - Written (single document), (b) Judicial Review: UK - Parliament sovereign (courts cannot strike down Acts of Parliament), India - Constitution supreme (SC/HCs can strike down laws violating Constitution), (c) Appointment: UK - Independent Commission, India - Collegium system. India's judicial review protects constitutional supremacy and Fundamental Rights.
The Fundamental Duties in the Indian Constitution were inspired by the Constitution of the ______.
- USA
- UK
- Soviet Union (USSR)
- China
Answer: Soviet Union (USSR)
From Soviet Union (USSR), India borrowed: (a) Fundamental Duties (Article 51A, added by 42nd Amendment, 1976), (b) Ideals of justice (social, economic, political) in Preamble, (c) Five-Year Plans for economic development (via Planning Commission, now NITI Aayog). Fundamental Duties remind citizens of obligations alongside rights, promoting responsible citizenship and national unity.
The ideals of Liberty, Equality, and Fraternity in the Preamble of the Indian Constitution were inspired by the French Revolution.
- True
- False
Answer: True
From France, India borrowed: (a) Ideals of Liberty, Equality, Fraternity in Preamble (inspired by French Revolution motto 'Liberté, Égalité, Fraternité'), (b) Concept of Republic (head of State elected, not hereditary). These ideals guide constitutional interpretation: Liberty (Fundamental Rights), Equality (Articles 14-18), Fraternity (single citizenship, fundamental duties). Reflects India's commitment to democratic, egalitarian values.
The concept of Concurrent List and freedom of trade, commerce and intercourse in the Indian Constitution were borrowed from the Constitution of ______.
- USA
- Australia
- South Africa
- France
Answer: Australia
From Australia, India borrowed: (a) Concurrent List (List III in Seventh Schedule) where both Union and States can legislate (Union law prevails in conflict), (b) Freedom of trade, commerce and intercourse throughout the territory (Article 301, subject to reasonable restrictions), (c) Joint sitting of both Houses to resolve deadlocks (Article 108). These features balance federal autonomy with national economic integration.
The Emergency provisions in the Indian Constitution were borrowed from the Weimar Constitution of Germany.
- True
- False
Answer: True
From Germany (Weimar Constitution), India borrowed Emergency provisions: (a) National Emergency (Article 352) for war/external aggression/armed rebellion, (b) Suspension of Fundamental Rights during Emergency (with safeguards added by 44th Amendment), (c) Executive powers during crisis. However, Indian Constitution includes more safeguards (Parliamentary approval, judicial review, non-suspendable rights) to prevent misuse like in Weimar Germany.
Which feature of the Indian Constitution reflects borrowing from the Canadian Constitution?
- Concurrent List
- Residuary powers with States
- Unitary features in federal structure
- Both (a) and (c)
Answer: Both (a) and (c)
From Canada, India borrowed: (a) Federation with strong Centre (quasi-federal structure), (b) Residuary powers with Union (unlike USA where States have residuary powers), (c) Appointment of State Governors by Centre, (d) Advisory jurisdiction of Supreme Court. These features give Indian federalism a unitary bias, enabling strong Centre for national unity while preserving State autonomy in defined areas.
The Directive Principles of State Policy (DPSP) in the Indian Constitution were borrowed from the Constitution of ______.
- USA
- UK
- Ireland
- Canada
Answer: Ireland
From Ireland (Irish Constitution, 1937), India borrowed: (a) Directive Principles of State Policy (called 'Directive Principles of Social Policy' in Ireland), (b) Method of election of President, (c) Nomination of members to Rajya Sabha by President. DPSP are non-justiciable guidelines for State policy, aiming to establish social and economic democracy, complementing justiciable Fundamental Rights.
The concept of Fundamental Rights and Judicial Review in the Indian Constitution was primarily borrowed from the Constitution of the United States.
- True
- False
Answer: True
From USA, India borrowed: (a) Fundamental Rights (Bill of Rights), (b) Judicial Review power of Supreme Court, (c) Independence of Judiciary, (d) Vice-President as Rajya Sabha Chairman (like US Senate), (e) Preamble's 'We the people' phrase. However, Indian FRs have reasonable restrictions (unlike US absolute rights), and India has parliamentary system (unlike US presidential system).
Under Section 60 of Representation of People Act, 1951, certain categories of voters like armed forces personnel, government employees posted abroad, and preventive detainees can vote through ______ ballot.
- electronic
- postal
- proxy
- absentee
Answer: postal
Section 60, R.P. Act: Postal ballot facility for: (a) Armed forces personnel, (b) Government employees posted outside India, (c) Preventive detainees, (d) Election officials on duty. ECI has expanded facility: (a) Senior citizens 85+, (b) Persons with disabilities, (c) Essential service employees. Enhances inclusive participation while maintaining electoral integrity through secure postal voting procedures.
The Constitution (106th Amendment) Act, 2023 provides for 33% reservation for women in Lok Sabha and State Legislative Assemblies, to be implemented after delimitation based on the first census post-enactment.
- True
- False
Answer: True
106th Amendment (Nari Shakti Vandan Adhiniyam, 2023): Inserts Article 330A (Lok Sabha) and 332A (Assemblies) for 33% reservation for women. Implementation: After delimitation based on first census post-enactment; rotation of reserved seats. Also reserves 1/3 of SC/ST reserved seats for women. Aims to enhance women's political participation; long-standing demand of women's movements.
Under Supreme Court directions in ADR case (2002), candidates must file affidavits disclosing criminal cases, assets, liabilities, and educational qualifications with their ______ while contesting elections.
- party office
- Returning Officer
- Election Commission
- District Magistrate
Answer: Returning Officer
ADR v. Union of India (2002): SC directed ECI to require candidates to submit affidavits with Returning Officer at time of nomination, disclosing: (a) Criminal cases pending, (b) Assets/liabilities of candidate and spouse, (c) Educational qualification. Affidavits made public on ECI website for voter information. Foundation for electoral transparency; enables media/civil society scrutiny of candidates.
The Voter Verifiable Paper Audit Trail (VVPAT) system allows voters to verify that their vote was recorded correctly by generating a paper slip visible for 7 seconds before dropping into sealed box.
- True
- False
Answer: True
VVPAT introduced following Supreme Court directions (2013): Attached to EVM, generates paper slip showing candidate symbol/name voted for; visible to voter for 7 seconds through transparent window, then drops into sealed box. Enables physical verification of electronic vote; used for random verification (statistical sample) to ensure EVM integrity. Balances technology efficiency with voter confidence.
The Election Commission mandates recognized political parties to conduct regular organizational elections and maintain membership records as per the Election Symbols Order, 1968.
- True
- False
Answer: True
Election Symbols Order, 1968: Recognized parties must: (a) Conduct organizational elections periodically, (b) Maintain membership records, (c) Submit audited accounts to ECI, (d) Follow internal democratic procedures. Non-compliance can lead to derecognition. Aims to promote inner-party democracy, though enforcement remains challenging due to lack of statutory backing.