FC-for-IAS-Prelims-2018-polity-Day-45-(1)
70 Days WAR Plan

Day#45 Static Flash Cards Revision [70 Days WAR Plan]

‘Secular’ and ‘Sovereign’; Constituent Assembly; Procedure for the amendment of the Constitution; Concept of ‘equality before law’ and ‘equal protection of laws’; National Flag; Fifth Schedule of the Constitution; Ideology of Fascism; Members of Lok Sabha from the Union Territories (UTs); Sovereignty; Floor test done in the Legislative Assembly;
By IT's Core Team
May 05, 2019

 

 

 

The constitution of India was formally adopted on which date? And what is its significance?

Click to View the Answer
Click to View the Question

Answer & Enrich Your Learning:

  • The constitution was formally adopted on 26th November 1949, but it came into force on 26th January 1950.
  • Constitution Day (National Law Day), also known as Samvidhan Divas, is celebrated in India on 26 November every year.
  • The Government of India declared 26 November as Constitution Day on 19 November 2015 by a gazette notification.
  • It commemorates the adoption of Constitution of India.
  • Previously this day was celebrated as Law Day.
  • It is mentioned in the Preamble of the Constitution.
  • 26 January was specifically chosen as a date of commencement of the constitution because it was on this day in 1930 that PurnaSwaraj day was celebrated, following the resolution of the Lahore session (December 1929) of the INC.
  • 26 November was chosen in 2015 to spread the importance of the constitution and to spread thoughts and ideas of Ambedkar.

 

 

 

When is a composite floor test done in the Legislative Assembly?

Click to View the Answer
Click to View the Question

Answer:

What is floor test?

  • A chief minister appointed by the governor can be asked to prove his majority in case of doubt.
  • In the 2016 elections, AIADMK won 134 out of 234 seats.
  • With absolute majority, there were no questions asked and AIADMK leader J Jayalalithaa became the chief minister and formed the government.
  • In situations where the majority can be questioned (for instance, when there is a coalition government), the governor may ask the chief minister to prove his/ majority in the House.
  • In that case, the chief minister has to move a vote of confidence and win a majority among those present and voting.
  • This is called Floor Test.

What is composite floor test?

  • What happens If there is more than one person staking claim to form the government and the majority is not clear.
  • In such condition the governor may call for a special session to see who has the majority.
  • Some legislators may be absent or choose not to vote.
  • The majority is then counted based on those present and voting.
  • This can be done through a voice vote, where the legislators respond orally, or through a division vote.
  • This is known as Composite Floor Test.

 

 

 

‘Secular’ and ‘Sovereign’ were part of the original constitution. Right OR Wrong?

Click to View the Answer
Click to View the Question

Answer:

  • Wrong.

Right Statement:

  • Preamble can be amended. It was amended by the 42nd amendment in 1976 to include word ‘socialist’ and ‘secular’. ‘Integrity’ was added in the Preamble of Indian constitution by 42nd constitution amendment Act, 1976.

Enrich your learning:

About Features of Preamble:

Sovereignty:

  • Being sovereign means having complete political freedom and being the supreme authority. It implies that India is internally all powerful and externally free.
  • It is free to determine for itself without any external interference (either by any country or individual) and nobody is there within to challenge its authority.
  • This feature of sovereignty gives us the dignity of existence as a nation in the international community.
  • Though the Constitution does not specify where the sovereign authority lies but a mention of ‘We the People of India’ in the Preamble clearly indicates that sovereignty rests with the people of India.
  • This means that the constitutional authorities and organs of government derive their power only from the people.

Secularism:

  • Secularism implies that our country is not guided by any one religion or any religious considerations.
  • However, the Indian state is not against religions.
  • It allows all its citizens to profess, preach and practise any religion they follow.
  • It ensures that the state does not have any religion of its own.
  • Constitution strictly prohibits any discrimination on the ground of religion.

 

 

 

How are members of Lok Sabha from the Union Territories (UTs) chosen?

Click to View the Answer
Click to View the Question

Answer & Enrich Your Learning:

  • The Constitution has empowered the Parliament to prescribe the manner of choosing the representatives of the union territories in the Lok Sabha.
  • Accordingly, the Parliament has enacted the Union Territories (Direct Election to the House of the People) Act, 1965.
  • Thus, the members of Lok Sabha from the union territories are also chosen by direct election.
  • The representatives of each union territory in the Rajya Sabha are indirectly elected by members of an electoral college specially constituted for the purpose.
  • This election is also held in accordance with the system of proportional representation by means of the single transferable vote.
  • Out of the seven union territories, only two (Delhi and Puducherry) have representation in Rajya Sabha.
  • The populations of other five union territories are too small to have any representative in the Rajya Sabha.

 

 

 

What is the ideology of Fascism?

Click to View the Answer
Click to View the Question

Answer & Enrich Your Learning:

About Fascism:

  • Fascism is a form of radical authoritarian nationalism.
  • It wreaked havoc across the globe in the first part of the 20th century.
  • Fascism is characterized by strong nationalism, an extreme level of authoritarianism, corporatism, militarization and hostility towards both liberalism and Marxism, dictatorial power, forcible suppression of opposition and control of industry and commerce.
  • The first fascist movements emerged in Italy during World War I before it spread to other European countries.
  • Opposed to liberalism, Marxism and anarchism, fascism is usually placed on the far-right within the traditional left–right spectrum.
  • The nationalism of fascism is so strong that it often involves feelings of national and racial superiority over others.
  • The darkest example of this is the Jewish Holocaust brought about by Nazi fascism during World War II.
  • Fascist mass movement that dominated many parts of central, southern, and eastern Europe between 1919 and 1945 and that also had adherents in western Europe, the United States, South Africa, Japan, Latin America, and the Middle East.
  • Europe’s first fascist leader, Benito Mussolini, took the name of his party from the Latin word fasces.
  • It is characteristics by extreme militaristic nationalism, contempt for electoral democracy and political and cultural liberalism, a belief in natural social hierarchy and the rule of elites, and the desire to create a Volksgemeinschaft (“people’s community”), in which individual interests would be subordinated to the good of the nation.
  • Fascists believe that liberal democracy is obsolete and they regard the complete mobilization of society under a totalitarian one-party state as necessary to prepare a nation for armed conflict and to respond effectively to economic difficulties.
  • Such a state is led by a strong leader, such as a dictator and a martial government composed of the members of the governing fascist party to forge national unity and maintain a stable and orderly society.
  • Fascists advocate a mixed economy, with the principal goal of achieving autarky through protectionist and interventionist economic policies.

 

 

 

The formation of a Tribes Advisory Council is related to which Schedule of the Indian Constitution?

Click to View the Answer
Click to View the Question

Answer:

  • The formation of a Tribes Advisory Council is mandated according to Fifth Schedule.

Enrich your learning:

About Fifth Schedule:

  • The Fifth Schedule of the Constitution deals with the administration and control of scheduled areas and scheduled tribes in any state except the four states of Assam, Meghalaya, Tripura and Mizoram.
  • The president is empowered to declare an area to be a scheduled area. He can also increase or decrease its area, alter its boundary lines, rescind such designation or make fresh orders for such redesignation on an area in consultation with the governor of the state concerned.
  • Each state having scheduled areas has to establish a tribes advisory council to advise on welfare and advancement of the scheduled tribes. It is to consist of 20 members, three-fourths of whom are to be the representatives of the scheduled tribes in the state legislative assembly.

 

 

 

Name two statutory provisions governing the rules and regulations regarding the National Flag of India.

Click to View the Answer
Click to View the Question

Answer:

  • The Emblems and Names (Prevention of Improper use) Act 1950 and Prevention of Insults to National Honour Act, 1971 are the statutory provisions governing National Flag.

Enrich your learning:

About the National Flag:

  • The National Flag shall be a tri-colour panel made up of three rectangular panels or sub-panels of equal widths. The colour of the top panel shall be India saffron (Kesari) and that of the bottom panel shall be India green. The middle panel shall be white, bearing at its centre the design of Ashoka Chakra in navy blue colour with 24 equally spaced spokes.
  • The National Flag shall be rectangular in shape. The ratio of the length to the height (width) of the Flag shall be 3:2.
  • Apart from non-statutory instructions issued by the Government from time to time, display of the National Flag is governed by the provisions of the Emblems and Names (Prevention of Improper Use) Act, 1950 (No.12 of 1950) and the Prevention of Insults to National Honour Act, 1971 (No. 69 of 1971). Flag Code of India, 2002 is an attempt to bring together all such laws, conventions, practices and instructions for the guidance and benefit of all concerned.
  • There shall be no restriction on the display of the National Flag by members of general public, private organizations, educational institutions, etc., except to the extent provided in the Emblems and Names (Prevention of Improper Use) Act and Prevention of Insults to National Honour Act, 1971.

 

 

 

The concept of ‘equality before law’ and ‘equal protection of laws’ has been taken from which Constitution?

Click to View the Answer
Click to View the Question

Answer:

  • The concept of ‘equality before law’ is taken from British Constitution while the concept of ‘equal protection of laws’ has been taken from the American Constitution.

Enrich Your Learning:

About Right to Equality:

Equality before Law and Equal Protection of Laws

  • Article 14 says that the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. This provision confers rights on all persons whether citizens or foreigners.
  • Additionally, the word ‘person’ includes legal persons, viz, statutory corporations, companies, registered societies or any other type of legal person.
  • The concept of ‘equality before law’ is of British origin while the concept of ‘equal protection of laws’ has been engaged from the American Constitution.

The first concept connotes:

(a) the absence of any special privileges in favour of any person,

(b) the equal subjection of all persons to the ordinary law of the land administered by ordinary law courts, and

(c) no person (whether rich or poor, high or low, official or non-official) is above the law.

The second concept, on the other hand, connotes:

(a) the equality of treatment under equal circumstances, both in the privileges conferred and liabilities imposed by the laws,

(b) the similar application of the same laws to all persons who are similarly situated, and

(c) the like should be treated alike without any discrimination.

Thus, the former is a negative concept while the latter is a positive concept. However, both of them aim at founding equality of legal status, opportunity and justice.

  • The Supreme Court held that where equals and unequals are treated differently, Article 14 does not apply.
  • While Article 14 prohibits class legislation, it permits reasonable classification of persons, objects and transactions by the law. But the classification should not be arbitrary, artificial or evasive. Rather, it should be based on an intelligible differential and substantial distinction.

 

 

 

Do all amendments to the Constitution of India require the ratification of States legislatures?

Click to View the Answer
Click to View the Question

Answer:

  • No.
  • Only provisions related to Union-State structure (federal) requires ratification of State legislatures.

Enrich Your Learning:

About Procedure for Amendment:

The procedure for the amendment of the Constitution as laid down in Article 368 is as follows:

  • An amendment of the Constitution can be introduced only by the outline of a bill for the purpose in either House of Parliament and not in the state legislatures.
  • The bill can be introduced either by a minister or by a private member and does not require prior permission of the president.
  • The bill must be passed in each House by a special majority, that is, a majority (that is, more than 50 per cent) of the total membership of the House and a majority of two-thirds of the members of the House present and voting.
  • Each House must pass the bill separately. In case of a disagreement between the two Houses, there is no provision for holding a joint sitting of the two Houses for the purpose of deliberation and passage of the bill.
  • If the bill seeks to amend the federal provisions of the Constitution, it must also be ratified by the legislatures of half of the states by a simple majority, that is, a majority of the members of the House present and voting.
  • After duly passed by both the Houses of Parliament and ratified by the state legislatures, where necessary, the bill is presented to the president for assent.
  • The president must give his assent to the bill. He can neither withhold his assent to the bill nor return the bill for reconsideration of the Parliament.
  • After the president’s assent, the bill becomes an Act

 

 

 

Who was the first person to put forward the idea of Constituent Assembly for India?

Click to View the Answer
Click to View the Question

Answer:

  • M.N. Roy, a pioneer of communist movement in India, was the first to give the idea in 1934.
  • This was then taken up by the Congress party and the British government accepted the demand in 1940.
  • The August offer permitted Indians to draft their Constitution.

Enrich Your Learning:

Facts about Constituent Assembly:

  • M.N. Roy is considered as the follower of radical democratism.
  • For the first time an official demand was made in 1935 by the Indian National Congress (INC) for a Constituent Assembly to frame the Constitution of India.
  • On behalf of INC, in 1938, Jawaharlal Nehru, stated that the Constitution of free India must be framed.
  • This should be done without any outside intervention, by a Constituent Assembly elected on the base of adult franchise.
  • On 3rd June 1947 Lord Mountbatten aired his intention to scrap the Cabinet Mission Plan.
  • This culminated in the Indian Independence Act 1947 and the separate nations of India and Pakistan.
  • Elections were held for the first time for the Constituent Assembly under the Cabinet Mission Plan of 1946.
  • The Constitution of India was drafted by the Constituent Assembly.
  • It was implemented under the Cabinet Mission Plan on 16 May 1946.
  • Members of Constituent Assembly were elected indirectly.
  • By a single transferable-vote system of proportional representation, the members of the Constituent Assembly were elected by the provincial assemblies.
  • The total membership of the Constituent Assembly was
  • After partition, the Constituent Assembly of India had 299 representatives.
  • These included 229 members from provinces and 70 from princely states.
  • There were total nine women members also.
Topics
70 Days Prelims Flash Cards 2019 Latest Posts Popular
Tags

Facebook

My Favourite Articles

  • Your favorites will be here.

Calendar Archive

August 2019
M T W T F S S
« Jul    
 1234
567891011
12131415161718
19202122232425
262728293031