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Answer: Governor of J&K (acting as representative of State)
August 5, 2019: President issued Constitutional Order (C.O. 272) under Article 370(1) amending Article 367 to interpret 'Constituent Assembly of J&K' as 'Legislative Assembly of J&K'. Since J&K was under President's Rule, Governor's concurrence was taken as representative of State legislature. Then Presidential Order (C.O. 273) under Article 370(3) declared Article 370 inoperative. J&K Reorganisation Act, 2019 bifurcated State into two UTs. Supreme Court upheld abrogation in December 2023, directing restoration of Statehood and elections.
Answer: Constitutional Morality provides the normative framework of values; Ethical Governance translates these values into institutional practices and accountable administration
Constitutional Morality and Ethical Governance relationship: (a) Constitutional Morality: Normative framework - core values (liberty, equality, fraternity, rule of law, pluralism, dignity) that guide interpretation and application of Constitution, (b) Ethical Governance: Operational mechanism - institutional practices (RTI, Lokpal, social audit, conduct rules, PIL) that translate constitutional values into accountable, transparent, participatory administration, (c) Mutual reinforcement: Constitutional Morality inspires ethical reforms; ethical practices strengthen constitutional culture. Together, they advance transformative constitutionalism: using law and institutions to realize substantive justice, dignity, and social transformation for all Indians. Continuous refinement needed to address emerging challenges like digital governance, campaign finance, regulatory capture, and majoritarian pressures.
Answer: social audit
MGNREGA and social audit: Section 17 mandates social audit of all projects by Gram Sabha. Process: (a) Public verification of records, expenditure, beneficiary selection, (b) Gram Sabha discussion and approval, (c) Action on findings. Empowers citizens (especially marginalized) to monitor implementation, detect corruption, ensure accountability. Constitutional Morality requires governance to be participatory, transparent, and responsive to citizens' needs, not just top-down administration.
Answer: True
Constitutional Morality vs majoritarianism: (a) Democracy: Rule by majority through elected representatives, (b) Constitutional Morality: Limits majority power to protect minority rights, individual dignity, rule of law. Examples: (a) SC striking down Section 377 despite public opposition (Navtej Singh Johar), (b) Upholding reservation policies despite 'merit' arguments (Indra Sawhney), (c) Protecting religious minorities' rights (SR Bommai). Ensures democracy is substantive (protecting all citizens) not merely procedural (majority rule).
Answer: S.P. Gupta case (1981)
S.P. Gupta v. Union of India (First Judges Case, 1981): SC relaxed locus standi rule, allowing any public-spirited person to file petition for enforcement of rights of persons unable to approach court due to poverty, ignorance, or social disadvantage. PIL transformed judicial role: (a) From dispute resolution to social justice delivery, (b) Enabled courts to address prison conditions, environmental degradation, bonded labour, etc. Constitutional Morality requires judiciary to be accessible to all, especially the marginalized.
Answer: intergenerational
Environmental jurisprudence and Constitutional Morality: (a) Subhash Kumar v. State of Bihar (1991): Right to pollution-free water/air part of Article 21, (b) MC Mehta cases: Absolute liability for hazardous industries, (c) Intergenerational equity: Present generation holds environment in trust for future generations (principle in Sustainable Development). Constitutional Morality requires State to balance development with environmental protection, ensuring justice across generations.
Answer: False
Constitutional provisions: (a) Article 148(4): CAG prohibited from further government employment post-tenure, (b) Article 319: Similar restriction for Election Commissioners, (c) BUT no explicit constitutional bar for retired civil servants/judges. Conduct Rules for civil servants require prior permission for post-retirement employment; judicial conventions discourage immediate appointments to avoid perception of bias. Debate continues on codifying cooling-off periods to preserve institutional integrity.
Answer: Shayara Bano v. Union of India (2017)
Shayara Bano (Triple Talaq case, 2017): 3:2 majority held instant triple talaq (talaq-e-biddat) unconstitutional: (a) Violates Article 14 (arbitrary, manifestly unreasonable), (b) Not essential practice of Islam protected under Article 25, (c) Constitutional Morality (equality, dignity of Muslim women) overrides discriminatory religious custom. Parliament later enacted Muslim Women (Protection of Rights on Marriage) Act, 2019 criminalizing instant triple talaq. Landmark gender justice judgment.
Answer: accountable
RTI Act and accountable governance: (a) Enables citizens to access government information (Section 3), (b) Mandates proactive disclosure by public authorities (Section 4), (c) Provides appeal mechanism through Information Commissions (Sections 15-16), (d) Penalizes non-compliance (Section 20). Transparency reduces corruption, enables informed public participation, strengthens democratic accountability. Constitutional Morality requires State to facilitate, not obstruct, citizens' right to know.
Answer: True
Constitutional Morality and pluralism: (a) Preamble: Secular, democratic republic respecting all faiths, (b) Fundamental Rights: Articles 25-30 protect religious/cultural rights of minorities, (c) Directive Principles: Article 46 promotes interests of weaker sections, (d) Federalism: Accommodates regional diversity through State autonomy. Constitutional Morality requires State to: (a) Not impose majoritarian culture, (b) Protect minority identities, (c) Promote inclusive development. Foundation of India's 'unity in diversity' constitutional model.
Answer: Article 309
Article 309: Parliament/State Legislature may regulate recruitment and conditions of service of persons serving Union/States. Subject to this, President/Governor make rules. Civil services (IAS, IPS, etc.) serve under elected governments; expected to implement policies impartially regardless of political affiliation. All India Services Rules, Conduct Rules enforce neutrality. Balance: Professional advice to political masters while maintaining constitutional loyalty over partisan loyalty.
Answer: separation of powers
Separation of Powers (implicit in Indian Constitution; not rigid like USA): (a) Legislature makes laws, (b) Executive implements laws, (c) Judiciary interprets laws and checks constitutionality. Constitutional Morality requires: (a) Courts don't usurp policy-making (judicial restraint), (b) Executive respects judicial orders, (c) Legislature doesn't override judicial review. Balance enables checks and balances while ensuring functional coordination for governance.
Answer: False
Restatement of Values of Judicial Life (1999): Adopted by Supreme Court as ethical guidelines for judges (independence, integrity, impartiality, etc.). However, it is NOT legally enforceable; violations addressed through: (a) In-house procedure for minor misconduct, (b) Impeachment under Article 124(4) for proved misbehaviour (complex Parliamentary process). Debate continues on strengthening judicial accountability while preserving independence.
Answer: Combination of Fundamental Rights, Directive Principles, and Fundamental Duties
Fraternity and dignity operationalization: (a) Fundamental Rights (Part III): Protect individual dignity against state/private violation (Articles 14-32), (b) Directive Principles (Part IV): Guide state policy to create conditions for dignified life (Articles 38-51), (c) Fundamental Duties (Article 51A): Remind citizens of responsibilities towards others and nation. Constitutional Morality requires harmonious interpretation of all three to realize fraternity: respecting diversity while maintaining unity.
Answer: atomic energy and space
Lokpal Act, 2013: PM under jurisdiction but with safeguards: (a) No inquiry into allegations relating to international relations, external security, public order, atomic energy, space, (b) Inquiry requires approval of full bench of Lokpal, (c) Proceedings held in camera, (d) Frivolous complaints dismissed. Balances accountability of highest office with practical governance needs in sensitive strategic areas.
Answer: True
Transformative Constitutionalism (South African origin; applied in India): Constitution not just limits state power but actively transforms society to realize justice, equality, dignity. Constitutional Morality enables this: (a) Courts interpret provisions to advance marginalized groups (e.g., Vishaka guidelines on sexual harassment), (b) State obligated to take affirmative action (Articles 15(4), 16(4)), (c) Rights interpreted expansively (Article 21 includes health, education, environment). Balances judicial activism with democratic legitimacy.
Answer: Article 102(1)(a)
Article 102(1)(a) (Parliament) and Article 191(1)(a) (State Legislatures): Disqualify members holding 'office of profit' under Union/State government unless exempted by law. Rationale: Prevent conflict between legislative duty and executive employment; ensure independence of legislators. Parliament (Prevention of Disqualification) Act, 1959 lists exempted offices. Similar principles apply to Ministers, civil servants through conduct rules.
Answer: rule of law
Rule of Law (A.V. Dicey; embedded in Indian Constitution): Core elements: (a) Supremacy of law over arbitrary power, (b) Equality before law (Article 14), (c) Predominance of legal spirit (judicial review). Constitutional Morality operationalizes rule of law: executive actions must have legal basis, laws must comply with Constitution, courts must check excesses. Foundation of accountable, predictable governance.
Answer: True
Section 33A, R.P. Act (inserted per ADR case, 2002): Candidates must file affidavit with Returning Officer disclosing: (a) Criminal cases pending, (b) Assets/liabilities of candidate and spouse, (c) Educational qualification. Affidavits made public on ECI website. Aims to promote transparency, enable voter scrutiny, deter corruption. However, verification and enforcement of disclosures remain challenges.
Answer: Navtej Singh Johar case (2018)
Navtej Singh Johar v. Union of India (2018): SC struck down Section 377 IPC (criminalizing consensual same-sex relations) holding: (a) Constitutional Morality requires respect for individual autonomy, dignity, privacy regardless of sexual orientation, (b) Social morality/majoritarian views cannot override fundamental rights, (c) Constitution protects minorities (including sexual minorities) from discrimination. Landmark judgment affirming inclusive constitutional values.