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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: 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: 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: 2014
Whistle Blowers Protection Act, 2014: Aims to: (a) Protect persons making public interest disclosures about corruption, misuse of power, criminal offences by public servants, (b) Provide mechanism for inquiry into disclosures, (c) Penalize victimization of whistle blowers. However, not fully notified due to debates on national security exemptions. Highlights tension between transparency/accountability and legitimate confidentiality in governance.
Answer: Prime Minister's Office
Code of Conduct for Union Ministers (1964, revised): Sets ethical standards: (a) No use of official position for personal gain, (b) Avoid conflict of interest, (c) Declare assets, (d) Post-retirement employment restrictions. Enforced by PMO; violations can lead to resignation/removal. Similar codes exist for State Ministers, civil servants. However, enforcement depends on political will; debate continues on independent ethics oversight mechanism.
Answer: Third Schedule
Third Schedule: Contains forms of oaths/affirmations for constitutional functionaries. Article 75(4) (Union Ministers) and Article 164(3) (State Ministers) require oath as per Third Schedule. Oath includes: (a) Bear true faith to Constitution, (b) Uphold sovereignty and integrity of India, (c) Faithfully discharge duties, (d) Maintain confidentiality. Formalizes ethical commitment of public office holders to constitutional values.
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.
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.
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.
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.
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.
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).
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.
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.
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.
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.
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.