Here, We provide Indian Constitution GTU Paper Solution Winter 2021. Read the Full IC gtu paper solution given below.
Question: 1
(a) Classify fundamental rights in part III of the Indian Constitution
The fundamental rights in Part III of the Indian Constitution can be broadly classified into six categories:
- Right to Equality (Articles 14-18)
- Right to Freedom (Articles 19-22)
- Right against Exploitation (Articles 23-24)
- Right to Freedom of Religion (Articles 25-28)
- Cultural and Educational Rights (Articles 29-30)
- Right to Constitutional Remedies (Article 32)
(b) List out sources of the Indian Constitution and provisions taken from
those sources
The Indian Constitution is a combination of various influences and sources, some of the main sources and provisions taken from those sources are:
Government of India Act 1935: Many of the provisions of the Indian Constitution, such as the structure of the government, the concept of federalism, the powers and functions of the President, the Vice-President, the Prime Minister, and the Council of Ministers, were borrowed from the Government of India Act 1935.
Constitution of the United States of America: The concept of a written Constitution, the system of checks and balances, the idea of an independent judiciary, and the concept of judicial review were borrowed from the US Constitution.
Constitution of Ireland: The concept of a Directive Principles of State Policy and the concept of the concurrent list was borrowed from the Irish Constitution.
British Constitution: The procedure established by law, the concept of the rule of law, and the concept of parliamentary government were borrowed from the British Constitution.
The Constitution of Canada: The concept of a federation with a strong central government, and the distribution of powers between the Centre and the states were borrowed from the Canadian Constitution.
The Constitution of France: The concept of the Republic and the idea of the separation of powers between the executive, the legislature, and the judiciary were borrowed from the French Constitution.
The Constitution of Japan: The concept of single citizenship for India was borrowed from the Japanese Constitution.
The Constitution of the Weimar Republic: The concept of fundamental rights and the idea of their being justifiable were borrowed from the Weimar Constitution of Germany.
Question: 2
(a) List 5 important characteristics of the Constitution of India
Federal in nature: The Constitution of India establishes a federal system of government, with a clear division of powers between the central government and the state governments.
Written Constitution: The Indian Constitution is a written document, which lays down the fundamental principles, rules, and procedures that govern the country.
Rigid Constitution: The Indian Constitution is a rigid one, which means that it is difficult to amend. The amendment process is quite lengthy and requires the approval of a majority of the members of both houses of parliament as well as the ratification by a majority of the state legislatures.
Sovereign, Socialist, Secular, Democratic Republic: The Constitution of India establishes India as a sovereign nation, socialist society, secular state, and a democratic republic, where the power is vested in the people and is exercised through their elected representatives.
Fundamental Rights and Duties: The Constitution of India guarantees certain fundamental rights to its citizens, such as the freedom of speech, religion, and equality before the law. It also imposes certain fundamental duties on the citizens, such as abiding by the Constitution and respecting the national flag and the national anthem.
(b) Discuss the meaning of constitution. Why it is required for a country?
A constitution is a set of written or unwritten laws and principles that establish the structure and organization of a government, and define the rights and duties of its citizens. It is the supreme law of the land, and all other laws and regulations must be consistent with it.
Constitutions serve several important functions in a country. They provide a framework for the organization and operation of government, and establish the principles and procedures by which government power is exercised. They also define the rights and freedoms of citizens and protect them from arbitrary or unjust actions by government officials.
Constitutions also help to ensure the stability and continuity of government by establishing procedures for the peaceful transition of power and for resolving disputes or conflicts that may arise. They also provide a means for citizens to hold their government accountable and to seek redress for grievances through legal and constitutional means.
Additionally, constitution also help in maintaining the balance of power among different branches of government, such as the executive, legislative, and judicial branches and also between the center and state government in federal systems like India.
(b) What is Equality under Article – 14
The right to equality under Article 14 includes the following key aspects:
Equality before the law: Every person is entitled to equal protection and benefit of the laws, regardless of their background or status.
Prohibition of discrimination: The State shall not discriminate against any person on any grounds, including religion, race, caste, sex, place of birth, or any other grounds.
Prohibition of arbitrary State action: The State shall not take any action that is arbitrary, discriminatory, or contrary to the principles of natural justice.
Right to equality in public employment: No citizen shall be ineligible for, or discriminated against in, any employment or office under the State on grounds only of religion, race, caste, sex, descent, place of birth, residence, or any of them.
Right to equality in education: The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them, in granting aid to educational institutions.
Question: 3
(a) Explain Government of India Act of 1935. What is effect of it on
current constitution of India.
The Government of India Act of 1935 was a major constitutional reform act passed by the British Parliament, which aimed to provide a new system of government for British India. It was the last major legislation enacted by the British government before the independence of India in 1947.
The Act introduced several significant changes to the constitutional framework of British India. It introduced a federal system of government, with a clear division of powers between the central government and the provinces, and provided for the creation of an Indian federation, with the British Indian provinces and princely states as its units.
The Act also introduced a bicameral legislature for British India, consisting of a Council of States and a Legislative Assembly, and provided for the establishment of a Federal Court to settle disputes between the central government and the provinces.
The Government of India Act 1935 had a significant effect on the current Constitution of India. Many of the provisions of the Act, such as the federal structure of government, the bicameral legislature, and the establishment of a Federal Court, were adopted and incorporated into the Indian Constitution. Additionally, the Constitution’s provisions on the rights and duties of citizens, the organization and powers of the judiciary, and the structure and powers of the central and state governments were heavily influenced by the Act.
(b) Define Federal system. Explain different features of it.
A federal system of government is a system in which power is divided between a central government and a number of constituent political units, such as states or provinces. In a federal system, the central government and the constituent political units have their own spheres of authority and jurisdiction, and each is independent in the exercise of its powers within its own sphere.
The main features of a federal system are:
Division of powers: In a federal system, power is divided between the central government and the constituent political units, with each having its own sphere of authority and jurisdiction.
Supremacy of the Constitution: The Constitution is the supreme law of the land, and all other laws and regulations must be consistent with it.
Independent judiciary: A federal system typically includes an independent judiciary to interpret the Constitution and resolve disputes between the central government and the constituent political units.
Written Constitution: Federal systems usually have a written constitution which lays out the framework of the government, the powers of the different branches, and the rights of citizens.
Bicameral legislature: A federal system typically has a bicameral legislature, with one chamber representing the people and the other representing the constituent political units.
Dual Citizenship: In a federal system, citizens are usually citizens of both the federal government and the constituent political unit in which they reside.
Flexibility: Federal systems are often designed to be flexible, with provisions for amending the Constitution and for the central government and constituent political units to adjust their respective powers over time.
Federalism allows for the coexistence of a central government and regional government, and allows for a balance of power and autonomy between them.
Question: 3
(a) Write down different rights as part of article 21 as per Menaka case
judgement for protection of life and personal liberty
Right to live with human dignity: The court held that the right to live with human dignity is a fundamental right guaranteed by Article 21 and that this right encompasses the right to food, shelter, and basic necessities of life.
Right to privacy: The court held that the right to privacy is an inherent part of the right to life and personal liberty and that it encompasses a wide range of personal and private activities.
Right against custodial violence: The court held that the right to life and personal liberty under Article 21 also includes protection against torture and cruel, inhumane, or degrading treatment while in custody.
Right to a fair trial: The court held that the right to a fair trial is an essential aspect of the right to life and personal liberty and that it includes the right to a fair and impartial trial, the right to be represented by a lawyer, and the right to be informed of the charges against one.
Right to speedy trial: The court held that the right to a fair trial also includes the right to a speedy trial and that undue delay in the trial process can violate the right to life and personal liberty.
Right to compensation for violation of rights: The court held that in cases where the right to life and personal liberty is violated, the state has a constitutional obligation to provide compensation to the affected person.
(b) Explain right to freedom of religion (Article 25 to 28)
The Indian Constitution guarantees the right to freedom of religion to all citizens through Articles 25 to 28. These articles provide for the freedom of conscience and the right to freely profess, practice, and propagate one’s religion.
Article 25 guarantees the right to freedom of conscience and free profession, practice, and propagation of religion. It states that “subject to public order, morality and health” all persons are equally entitled to freedom of conscience and the right to freely profess, practice, and propagate religion.
Article 26 guarantees the right of every religious denomination or any section thereof to establish and maintain institutions for religious and charitable purposes, manage its own affairs in matters of religion, and own and acquire movable and immovable property.
Article 27 states that no person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination.
Article 28 prohibits religious instruction as part of the curriculum of state-funded educational institutions.
Question: 4
(a) Explain different types of Amendments and Procedure as per Article
368 in Indian Constitution
The Indian Constitution can be amended through the process laid down in Article 368. The article lays down the procedure for amending the Constitution, as well as the types of amendments that can be made. There are mainly two types of amendments that can be made to the Constitution:
- Simple or Formal Amendment: This type of amendment is used for making minor or technical changes to the Constitution. Simple amendments are made by passing a bill in both houses of the Parliament with a two-thirds majority and then obtaining the President’s assent.
- Complex or Constitutional Amendment: This type of amendment is used for making substantial changes to the Constitution. Complex amendments are made by passing a bill in both houses of the Parliament with a two-thirds majority and then obtaining the President’s assent. However, in addition to the above process, the bill must also be ratified by at least half of the state legislative assemblies before it becomes an amendment.
The procedure for amendment of the Constitution is as follows:
- The amendment bill must be introduced in either the Lok Sabha or the Rajya Sabha.
- The bill must be passed by a two-thirds majority in both houses of the Parliament, with at least half of the total members present and voting in each house.
- After being passed by the Parliament, the bill is sent to the President for his assent.
- If the bill concerns any matter enumerated in the State List, it shall also require to be ratified by the Legislatures of not less than one-half of the States by resolutions to that effect passed by those Legislatures before the bill is presented to the President for assent.
- Once the President gives his assent, the bill becomes an amendment to the Constitution and comes into effect.
(b) Differentiate between Lok sabha (House of Representation) and Rajya
Sabha
The Lok Sabha and the Rajya Sabha are two houses of the Indian Parliament, both of which play important roles in the functioning of the Indian political system. However, there are several key differences between these two houses:
- Composition: The Lok Sabha is directly elected by the people of India, while the Rajya Sabha is composed of members who are elected by the members of the State Legislative Assemblies.
- Representation: The Lok Sabha represents the people of India and is directly elected by them, while the Rajya Sabha represents the states and union territories of India and is indirectly elected by the people through their elected representatives in the state legislative assemblies.
- Membership: The Lok Sabha has a maximum of 552 members, whereas the Rajya Sabha has a maximum of 250 members.
- Tenure: The Lok Sabha members are elected for a term of five years, and the house is dissolved after five years. The Rajya Sabha is a permanent house, and its members are elected for a term of six years.
- Powers: Both houses have equal powers in the passing of financial bills, but in the case of other non-financial bills, the Lok Sabha has more powers than the Rajya Sabha. The Rajya Sabha cannot delay the passing of a bill passed by the Lok Sabha for more than a certain number of days.
- Prime Minister: The Prime Minister of India is appointed from among the members of the Lok Sabha, while the Rajya Sabha has no role in the appointment of the Prime Minister.
Question: 4
(a) What is local Self government? How it is followed Gandhian
philosophy?
Local self-government refers to the system of governance in which power is devolved to the local level, allowing citizens to participate in the decision-making and management of their own communities. It is also known as decentralization or grassroots democracy. In India, local self-government is provided for by the Constitution under the 73rd and 74th Constitutional Amendment Act of 1992.
The Gandhian philosophy of local self-government emphasizes the importance of empowering citizens at the grassroots level and giving them a direct say in the governance of their communities. According to Gandhiji, true democracy can only be achieved through the active participation of citizens in the governance of their own communities. He believed that the development of local self-government is essential for the development of the nation as a whole.
Gandhi’s concept of local self-government is based on the principles of non-violence, non-cooperation, and swaraj (self-rule). He believed that the only way to achieve true independence and self-rule was through the empowerment of the people, especially the poor and marginalized.
Gandhian philosophy is also reflected in the Panchayat Raj system in India, which is an important aspect of local self-government. Panchayats are the local bodies responsible for the administration of villages, towns and districts. They are composed of elected representatives and have the power to make decisions on a wide range of issues, including education, health, and sanitation.
Gandhi’s emphasis on the importance of local self-government is also reflected in the idea of Gram Swaraj, which advocates for the development of self-sufficient and self-reliant villages. This concept emphasizes the importance of community participation and decision-making in the development of villages and the empowerment of local communities.
(b) List and Explain three types of emergencies present in Indian
Constitution.
National Emergency (Article 352): A National Emergency can be declared by the President of India if he/she is satisfied that the security of India or any part of its territory is threatened by war, external aggression or armed rebellion. During this emergency, the Union Government can assume extraordinary powers to deal with the situation, including the suspension of fundamental rights of citizens.
State Emergency (Article 356): A State Emergency can be declared by the President of India if he/she is satisfied that the government of a state is unable to function according to the Constitution. This can happen if there is a breakdown of the constitutional machinery in a state, or if the state government loses the support of the legislature. During this emergency, the Union Government can assume control of the administration of the state and can suspend the state’s constitution.
Financial Emergency (Article 360): A Financial Emergency can be declared by the President of India if he/she is satisfied that the financial stability or credit of India or any part of its territory is threatened. During this emergency, the Union Government can assume extraordinary powers to deal with the financial situation, including the imposition of restrictions on the withdrawal of money from banks and the reduction of salaries of government employees.
Question: 5
(a) Explain constitution powers and status of the President of India in
Parliamentary Form of Government in India
In the parliamentary form of government in India, the President is the head of the state but not the head of the government. The President’s powers and status are defined by the Constitution of India.
Executive Powers: The President of India has the power to appoint the Prime Minister, who is the head of the government, as well as other members of the Council of Ministers. The President also has the power to appoint the governors of states, judges of the Supreme Court and High Courts, and other important officials.
Legislative Powers: The President has the power to summon and prorogue the sessions of the Parliament, and to dissolve the Lok Sabha (the lower house of the parliament). The President also has the power to give assent to bills passed by the parliament and has veto power on certain bills.
Emergency Powers: The President has the power to declare a state of emergency in the country under certain conditions, as per Article 352, 356 and 360 of the Constitution.
Representational Role: The President represents India in the international arena and receives the ambassadors and other envoys of other countries.
Role in the Parliament: The President has the power to address the parliament and can also send messages to it. The President also has the power to summon a joint sitting of both houses of the parliament, in case of a deadlock.
(b) Write down Protection of Six Rights guarantee by Article 19 to all
citizens
Article 19 of the Indian Constitution guarantees the following six rights to all citizens:
- Freedom of speech and expression: Every citizen has the right to freedom of speech and expression, which includes the freedom to hold opinions, express them freely, and seek, receive, and impart information and ideas through any media.
- Freedom of assembly: Every citizen has the right to assemble peaceably and without arms, subject to certain restrictions imposed by law.
- Freedom of association: Every citizen has the right to form associations or unions, subject to certain restrictions imposed by law.
- Freedom of movement: Every citizen has the right to move freely throughout the territory of India, subject to certain restrictions imposed by law.
- Freedom of residence and settlement: Every citizen has the right to reside and settle in any part of the territory of India, subject to certain restrictions imposed by law.
- Right to practice any profession or carry on any occupation, trade or business: Every citizen has the right to practice any profession or carry on any occupation, trade, or business, subject to certain restrictions imposed by law.
These rights are not absolute and can be restricted by the state for certain specified reasons, such as maintaining public order, national security, and protecting the rights of others.
Question: 5
(a) Identify the socialist, Gandhian and western liberal principles as
mentioned in directive principles of state policy
The Directive Principles of State Policy (DPSP) in the Indian Constitution are a set of guidelines for the government to follow in order to establish a just and equitable society. These principles are not legally enforceable, but are considered fundamental in the governance of the country and the courts can refer to them while interpreting the Constitution.
- Socialist principles: The DPSP includes several socialist principles such as the right to work, the right to education, and the right to an adequate standard of living. It also includes provisions for the state to take measures to reduce economic and social inequality, and to provide for the welfare of the weaker sections of society.
- Gandhian principles: The DPSP includes several principles inspired by the teachings of Mahatma Gandhi, such as the promotion of cottage industries, the development of village panchayats, the protection of the environment, and the promotion of non-violence.
- Western liberal principles: The DPSP also includes principles inspired by Western liberal thought, such as the protection of individual liberty, the promotion of democracy, and the rule of law. It also includes provisions for the separation of powers between the executive, legislative, and judicial branches of government.
(b) what is social responsibilities as a Indian Citizen as per the
Fundamental Duties present in Part IV of Indian Constitution
The following are some of the social responsibilities of Indian citizens as per the Fundamental Duties present in Part IV of Indian Constitution:
- To uphold and protect the sovereignty, unity, and integrity of India.
- To defend the country and render national service when called upon to do so.
- To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic, and regional or sectional diversities.
- To value and preserve the rich heritage of our composite culture.
- To protect and improve the natural environment, including forests, lakes, rivers and wildlife, and to have compassion for living creatures.
- To develop the scientific temper, humanism and the spirit of inquiry and reform.
- To safeguard public property and to abjure violence.
- To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavor and achievement.
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