Indian polity & Governance Test 1

Solutions: d)

The SC made following observation in the Berubari case:

There is no doubt that the declaration made by the people of India in exercise of their sovereign will in the preamble to the Constitution is, in the words of Story, “a key to open the mind of the makers” which may show the general purposes for which they made the several provisions in the Constitution; but nevertheless the preamble is not a part of the Constitution, and, as Willoughby has observed about the preamble to the American Constitution, “it has never been regarded as the source of any substantive power conferred on the Government of the United States, or on any of its departments. Such powers embrace only those expressly granted in the body of the Constitution and such as may be implied from those so granted”.

Solution: c)

The preamble-page, along with other pages of the original Constitution of India, was designed and decorated by the renowned painter Beohar Rammanohar Sinha of Jabalpur who was at Shantiniketan with acharya Nandalal Bose at that time. Nandalal Bose endorsed Beohar Rammanohar Sinha’s artwork without any alteration whatsoever. As such, the page bears Beohar Rammanohar Sinha’s short signature Ram in Devanagari lower-right corner. The calligraphy was done by Prem Behari Narain Raizada.

Beohar Rammanohar Sinha was an Indian artist who is very well known for his illustrations in the original final manuscript of Constitution of India, including the complete Preamble-page, which was brought to fruition in 1949 as one of the most beautiful Constitution in the world [1][2] in addition to being the most comprehensive one. He is also known as a cultural ambassador of India who disseminated Indian art in the Far East, and brought Oriental Art to India.[3] His works are housed in numerous prestigious public and private collections throughout the world [4] and his murals still adorn the walls and gigantic dome of Jabalpur’s historic Shaheed-Smarak or Martyrs’-Memorial Auditorium even after more than half a century, though now demanding conservation. Rammanohar always signed his artworks in the cursive Devanagari-script, either in short Ram or in full Rammanohar, but rarely scribed his surname. Most of his later paintings bear a unique red seal with his surname Sinha, primarily in Devanagari-script but also sometimes in the Pinyin-script, in addition to his said signatures in ink.

Solution: d)

WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:

JUSTICE, social, economic and political;

LIBERTY of thought, expression, belief, faith and worship;

EQUALITY of status and of opportunity; and to promote among them all

FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;

IN OUR CONSTITUENT ASSEMBLY this 26th day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

Solution: a)

The august offer was a proposal made by the British government in 1940 promising the expansion of the Executive Council of the Viceroy of India to include more Indians, the establishment of an advisory war council, giving full weight to minority opinion, and the recognition of Indians’ right to frame their own constitution (after the end of the war). In return, it was hoped that all parties and communities in India would cooperate in Britain’s efforts in World War II.However this proposal was denied by the Congress as the minorities especially the Muslim league was assured that no constitutional scheme was acceptable to the government without their assurance. The Muslim league did not accept the offer as it did not give a clear assurance for the establishment of Pakistan

Solution: c)

The preamble has been amended only once so far. On 18 December 1976, during the Emergency in India, the Indira Gandhi government pushed through several changes in the Forty-second Amendment of the constitution. A committee under the chairmanship of Sardar Swaran Singh recommended that this amendment be enacted after being constituted to study the question of amending the constitution in the light of past experience. Through this amendment the words “socialist” and “secular” were added between the words “Sovereign” and “democratic” and the words “unity of the Nation” were changed to “unity and integrity of the Nation”

Solution: b)

For statement-1:

The basic difference between the concept of Fundamental Rights and that of the Natural Rights is regarding their origin. Fundamental Rights are created by the state and guaranteed by its constitution. They exist in the state of society. But Natural Rights are believed to have existed before the state came into being. They are prior to it. Fundamental Rights lie at the very foundation of human existence, while the Natural Rights lie in the nature of man or of the universe. Secondly, Fundamental Rights are sanctioned by the state through its judicial organ, while the Natural Rights are enforced by the nature, which rely means they are not enforced at all.

Regarding statement-2,

The Fundamental Rights are defined as basic human freedoms that every Indian citizen has the right to enjoy for a proper and harmonious development of personality. These rights universally apply to all citizens, irrespective of race, place of birth, religion, caste or gender.

Solution: a)

Right to Education is inserted as Article 21A through the Constitution (Eighty-sixth Amendment) Act, 2002. It is inserted under Right to Freedom category.

http://lawmin.nic.in/olwing/coi/coi-english/Const.Pock%202Pg.Rom8Fsss(6).pdf

Solution: d)

Right against exploitation: Which prohibits all forms of forced labour, child labour and trafficking of human beings. It is provided under Articles 23 and 24 of Indian constitution.

Solution: d)

Natural and legal rights are two types of rights. Natural rights are those that are not dependent on the laws or customs of any particular culture or government, and so are universal and inalienable (they cannot be repealed or restrained by human laws). Legal rights are those bestowed onto a person by a given legal system (they can be modified, repealed, and restrained by human laws).

The idea of human rights is also closely related to that of natural rights: some acknowledge no difference between the two, regarding them as synonymous, while others choose to keep the terms separate to eliminate association with some features traditionally associated with natural rights.[2] Natural rights, in particular, are considered beyond the authority of any government or international body to dismiss. The 1948 United Nations Universal Declaration of Human Rights is an important legal instrument enshrining one conception of natural rights into international soft law. Natural rights were traditionally viewed as exclusively negative rights,[3] whereas human rights also comprise positive rights.[4] Even on a natural rights conception of human rights, the two terms may not be synonymous.

Solution: d)

https://lawnn.com/article-21-indian-constitution-right-life-indian-constitution/

Solution: d)

The Arms Act, 1878 is an Act of the Parliament of India to consolidate and amend the law relating to arms and ammunition in order to curb illegal weapons and violence stemming from them

All others are related to preventive detention:

In the normal course of things preventive detention laws should have lapsed after India attained Independence; but perhaps as the Republic of India had its birth amidst the ravages of civil commotion involving huge loss of lives and property, the framers of our Constitution decided to retain preventive detention as a means to curb anti-national activity. Thus, the Preventive Detention Act was passed by Parliament in 1950. After the expiry of this Act in 1969, the Maintenance of Internal Security Act (MISA) was enacted in 1971, followed by its economic adjunct the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA) in 1974 and the Terrorism and Disruptive Activities (Prevention) Act (TADA) in 1985. Though MISA and TADA have been repealed, COFEPOSA continues to be operative along with other similar laws such as the National Security Act (NSA) 1980, the Prevention of Blackmarketing and Maintenance of Essential Commodities Act 1980 and the draconian Prevention of Terrorism Act (POTA) 2002; not to mention laws with similar provisions enacted by the State governments.

http://www.thehindu.com/op/2004/09/07/stories/2004090700101500.htm

Solution: b)

This is just to let you know it’s not part of the Indian constitution. Now don’t assume you should read all these laws!!

The right to a fair trial is a norm of international human rights law and also adopted by many countries in their procedural law. Countries like U.S.A., Canada, U.K., and India have adopted this norm and it is enshrined in their Constitution.  The right to a fair trial has been defined in numerous international instruments. The major features of fair criminal trial are preserved in Universal Declaration of Human Rights, 1948.

Article 10[i]- Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

Article 11[ii]- (1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence. (2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.

Article 14 of the International Covenant on Civil and Political Rights reaffirmed the objects of UDHR and provides that “Everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. Article 14(2) provides for the presumption of innocence, and article 14(3) sets out a list of minimum fair trial rights in criminal proceedings. Article 14(5) establishes the rights of a convicted person to have a higher court review the conviction or sentence, and article 14(7) prohibits double jeopardy

Section 11 of the Canadian Charter of Rights and Freedoms, protects a person’s basic legal rights in criminal prosecution.

Article 6 of the European Convention on Human Rights provides the minimum rights, adequate time and facilities to prepare their defence, access to legal representation, right to examine witnesses against them or have them examined, right to the free assistance of an interpreter to everyone charged with a criminal offence.

The Sixth Amendment to the United States Constitution provides in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

As far as Indian legal system is concerned, the international promise of fair trial is very much reflected in its constitutional scheme as well as its procedural law. Indian judiciary has also highlighted the pivotal role of fair trial in a number of cases. It is designed to protect individuals from the unlawful and arbitrary curtailment or deprivation of their basic rights and freedoms, the most prominent of which are the right to life and liberty of the person. The concept of fair trial is based on the basic principles of natural justice

Solution: c)

First statement is from NCERT Class XI Indian Constitution at Work (Page 38)

No citizen can be compelled to declare her religion in any form or declaration, the Bombay High Court ruled here on Tuesday. “Freedom of conscience under Article 25 of the Constitution encompasses in itself a freedom to an individual to take a view that he does not belong to any religion.  No authority which is a State can infringe the fundamental right to freedom of conscience,” the division bench of Justices Abhay Oka and Girish Kulkarni held.

http://www.thehindu.com/news/cities/mumbai/bombay-hc-ruling-on-freedom-of-conscience-hailed/article6445380.ece

Solution: a)

Article 25 says “all persons are equally entitled to freedom of conscience and the right to freely profess, practice, and propagate religion subject to public order, morality and health.”

NCERT Class XI Indian Constitution at Work (Page 38)

Solution: c)

Article 37, while stating that the Directive Principles are not enforceable in any court of law, declares them to be “fundamental to the governance of the country” and imposes an obligation on the State to apply them in matters of legislation.

Solution: a)

A socialist state or socialist republic (sometimes workers’ state or workers’ republic) refers to any state that is constitutionally dedicated to the establishment of socialism. India is NOT a socialist state in its strict sense. Socialist state refers to communist states (Leninist/Marxist/Maoist).

The Directive Principles of State Policy, embodied in Part IV of the Constitution, are directions given to the state to guide the establishment of an economic and social democracy, as proposed by the Preamble. They set forth the humanitarian and socialist instructions that were the aim of social revolution envisaged in India by the Constituent Assembly.

DPSPs serve to emphasise the welfare state model of the Constitution and emphasise the positive duty of the state to promote the welfare of the people by affirming social, economic and political justice, as well as to fight income inequality and ensure individual dignity, as mandated by Article 38.

Solution: b)

43A. Participation of workers in management of industries.—The State shall take steps, by suitable legislation or in any other way, to secure the participation of workers in the management of undertakings, establishments or other organisations engaged in any industry.

50. 50. Separation of judiciary from executive.—The State shall take steps to separate the judiciary from the executive in the public services of the State.

Solution: c)

The Fundamental Duties of citizens were added to the Constitution by the 42nd Amendment in 1976, upon the recommendations of the Swaran Singh Committee that was constituted by the government earlier that year.[18][104] Originally ten in number, the Fundamental Duties were increased to eleven by the 86th Amendment in 2002, which added a duty on every parent or guardian to ensure that their child or ward was provided opportunities for education between the ages of six and fourteen years.[57] The other Fundamental Duties obligate all citizens to respect the national symbols of India, including the Constitution, to cherish its heritage, preserve its composite culture and assist in its defense. They also obligate all Indians to promote the spirit of common brotherhood, protect the environment and public property, develop scientific temper, abjure violence, and strive towards excellence in all spheres of life.[105] However, many of these are non-justifiable, without any legal sanction in case of their violation or non-compliance.[106][104][107] There is reference to such duties in international instruments such as the Universal Declaration of Human Rights and International Covenant on Civil and Political Rights, and Article 51A brings the Indian Constitution into conformity with these treaties.

Solution: c)

Personal laws are distinguished from public law and cover marriage, divorce, inheritance, adoption and maintenance. Goa has a common family law, thus being the only Indian state to have a uniform civil code. The Special Marriage Act, 1954 permits any citizen to have a civil marriage outside the realm of any specific religious personal law.

The Goa Civil Code, also called the Goa Family Law, is the set of civil laws that governs the residents of the Indian state of Goa. In India, as a whole, there are religion-specific civil codes that separately govern adherents of different religions. Goa is an exception to that rule, in that a single code governs all Goans, irrespective of religion, ethnicity or linguistic affiliation.

Solution: b)

For statement-1:
The basic difference between the concept of Fundamental Rights and that of the Natural Rights is regarding their origin. Fundamental Rights are created by the state and guaranteed by its constitution. They exist in the state of society. But Natural Rights are believed to have existed before the state came into being. They are prior to it. Fundamental Rights lie at the very foundation of human existence, while the Natural Rights lie in the nature of man or of the universe. Secondly, Fundamental Rights are sanctioned by the state through its judicial organ, while the Natural Rights are enforced by the nature, which rely means they are not enforced at all.