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Flash Cards

[Polity & Indian Consitution] Flash Cards Set #3: IT’s Conventional FCs 2018

Fundamental rights; Consultative Committees; Directive Principles of State Policy and Gandhian Principles; Fundamental Rights and Article 32; India as sovereign nation
By IT's Research Team
August 28, 2017

 

 

Only the Fundamental Rights guaranteed by the Constitution can be enforced under Article 32.

Right or Wrong?

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Right

Learning:

  • The purpose of Article 32 is to provide a guaranteed, effective, expedious, inexpensive and summary remedy for the protection of the fundamental rights.
  • Only the Fundamental Rights guaranteed by the Constitution can be enforced under Article 32 and not any other right like non-fundamental constitutional rights, statutory rights, customary rights and so on.
  • The violation of a fundamental right is the sine qua non for the exercise of the right conferred by Article 32. In other words, the Supreme Court, under Article 32, cannot determine a question that does not involve Fundamental Rights.
  • Article 32 cannot be invoked simply to determine the constitutionality of an executive order or a legislation unless it directly infringes any of the fundamental rights.

 

 

Preamble declares India as sovereign. What does this imply?

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Learning

  • The word ‘sovereign’ implies that India is neither a dependency nor a dominion of any other nation, but an independent state.
  • There is no authority above it, and it is free to conduct its own affairs (both internal and external).
  • Being a sovereign state, India can either acquire a foreign territory or cede a part of its territory in favour of a foreign state.

 

 

Which Directive Principles of State Policy under the Part IV of the Constitution reflects the Gandhian Principles?

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Learning

The Directive Principles of the Constitution of India are a unique blend of Socialism, Gandhism, Western liberalism, and the ideals of the Indian freedom movement.

Most of the DPSPs reflect the ideology of socialism and welfare state. Some of them are directly inculcating the Gandhian principles.

  • Article 40: Organization of Village Panchayats.
  • Article 43: To promote cottage industry.
  • Article 43B: To promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies.
  • Article 46: Promotion of educational and economic interests of the SCs, the STs and the other weaker sections of the society.
  • Article 47: To bring about the prohibition of intoxicating drinks and drugs that are injurious to health.
  • Article 48: Organization of agriculture and animal husbandry on modern and scientific lines to prohibit the slaughter of cows, calves and other milch and draught animals.

 

 

With reference to Indian Parliament, what are Consultative Committees? Who constitute them?

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Learning

  • The consultative committees are attached to various ministries / departments of the Central Government.
  • They consist of members of both the Houses of Parliament.
  • The Minister/Minister of State in-charge of the Ministry concerned acts as the chairman of the consultative committee of that ministry.
  • These committees provide a forum for informal discussions between the ministers and the members of Parliament on policies and programmes of the government and the manner of their implementation.
  • The guidelines regarding the composition, functions and procedures of these committees are formulated by the Ministry of Parliamentary Affairs.
  • The Ministry also makes arrangements for holding their meetings both during the session and the intersession period of Parliament.
  • These committees are normally constituted after the new Lok Sabha is constituted, after general elections for the Lok Sabha.
  • After the constitution of the 14th Lok Sabha, 29 consultative committees were constituted in October 2004. Subsequently, three more consultative committees were constituted, thus raising their number to 32.
[Ref: Laxmikanth]

 

 

Why the rights provided in Part III of the constitution are called Fundamental rights?

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Learning:

  • Because they are guaranteed by the fundamental law of the land.
  • The word fundamental suggests that Fundamental rights are so important that the Constitution has separately listed them under the Part III in the constitution and made special provision for their protection.
  • Moreover, these rights are regarded as fundamental because they are most essential for the attainment by the individual his/her full intellectual, moral and spiritual status.
  • The declaration of the Fundamental Rights in the Constitution serves as the reminder to the Government in power that certain liberties, assured to the people by the Constitution, as respected by law.
  • The object behind the inclusion of the chapter on the Fundamental Rights in the Indian Constitution is to establish ‘a Government of law and not of man’.

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