60 Questions and Answers on Constitution of India

Q.1 - When was Indian Independence Act passed, by whom and on the basis of what plan?

Ans. - Thee Indian Independence Act was passed by the British Parliament on 5th July in 1947. This act was passed to give effect to the Mountbatten plan creating the two independent states of India and Pakistan.

Q.2- What were the options before the Indian native states in the Indian Independence Act?

Ans. - The Indian Independence Act gave three options to the Indian native states—(1) to join India—(2) to join Pakistan—(3) to remain Independent.

Q.3 -Who drafted the Indian Constitution?

Ans. - The Indian constitution was drafted by the Drafting Committee of the ‘Constituent Assembly.

Q.4 -Who was the chairman of the Constituent Assembly? Who was the Chairman of the Drafting Committee?

Ans. - Dr. Rajendra Prasad was the Chairman of Constituent Assembly. Dr. B.R. Ambedkar was the Chairman of Drafting Committee.

Q.5 -When was the Constitution adopted?

Ans. - The constitution was adopted on 26th November 1949.

Q.6 -When did the Constitution come into force?

Ans. - The constitution came into force on 26th January 1950.

Q.7 -According to the Preamble India is what kind of state?

Ans. - According to the original preamble India is a Sovereign, Democratic Republic. By 42nd amendment of the constitution India is made also a Socialist and Secular state.

Q.8 -What are the political ideals, according to the Preamble India seeks to secure?

Ans. - India seeks to secure to her people:

Justice: Social Economic and Political.

Liberty: of thought, expression, belief, faith and worship

Equality: of status and opportunity, and Fraternity, assuring the dignity of the individual and unity of the nation.

Q.9 -How many Arts, are there in the Indian Constitution?

Ans. - The original constitution had 395 Arts and 7 schedules. Now after the 80th amendment of the constitution there are 405 Arts and 10 schedules in the constitution.

Q.10 -What is meant by “Secular and Socialist” as described in the Preamble?

Ans. - The preamble describes India to be a secular state. It means that there is no established religion in India and that state does not give any preference to any religion in India.

The 42nd amendment of the Indian constitution makes India a socialist state. It means that the state shall abolish private ownership of the means of production and distribution. This however has not yet been achieved. On the other hand the state now encourages private ownership.

Q.11 - Bring out the significance of the terms “Sovereign, Democratic Republic” as mentioned in the Preamble.

Ans. - India is a sovereign state. It means the state in India is the supreme authority over all men and all associations within the country and is absolutely free from any outside control.

India is democratic. It means that in India all governments are formed on the basis of popular support.

India is republic. It means all offices of the state from the highest to the lowest are held on the basis of merit and no office of the state is held on the basis of hereditary right.

Q.1 2- How many states and union territories are there in the Indian Union?

Ans. - There are 25 states and 7 union territories in the Indian Union.

Q.13 - Which State of the Indian Union has a separate Constitution?

Ans. - The state of Jammu and Kashmir has a separate constitution.

Q.14 - What is the importance of Arts 370 of the Constitution?

Ans. - This Art gives the state of Jammu & Kashmir a separate constitutional status. Laws passed by the Indian Parliament apply to Jammu & Kashmir if they are accepted by the J. K. legislature.

Q.15 - Is the preamble to the Constitution justiciable in character?

Ans. - No. The preamble is not justiciable.

Q.16 - What is the necessity of the Preamble?

Ans. - The preamble is like an introduction to the constitution. The courts use the preamble to clarify: the meaning of the Law whenever there is an ambiguity.

Q.17 - Does the Indian Constitution recognize the principle of dual citizenship?

Ans. - Though India is a federation, the principle of dual citizenship has not been accepted in the constitution. All Indian’s are accepted as the citizens of India. There is no citizenship of the states.

Q.18 - When was the Indian Citizenship Act passed?

Ans. - Indian Citizenship Act was passed in 1955.

Q.19 - Into how many categories are the Indian citizens divided?

Ans. - Indian citizens are divided into two categories—citizens by birth and citizens by adoption.

Q.20 - What are the provisions of the Indian Constitution regarding integration or creation of new states?

Ans. - The Indian Parliament by Acts passed that it can integrate new states into India or can create new states out of the territory of an existing state or states.

Q.21 - How many categories of fundamental rights of citizens has been recognized by the Indian Constitution?

Ans. - Originally the constitution conferred on the Indian citizens seven fundamental rights. They are (a) right to equality (b) right to freedom (c) right against exploitation (d) right to religious freedom. (e) right to education and culture (f) right to property and (g) right to constitutional remedies:. At present there are six fundamental rights. Right to private property has been removed from the list of fundamental rights by the 44th amendment of the constitution.

Q.22 - What is meant by equality in the eye of law?

Ans. - Equality in the eye of law as provided by Art. 14 of the constitution mean that nobody is above the law. Law applies to all persons equally.

Q.23 - What are the freedoms granted to citizens by Art 19 of the Constitution?

Ans. - Art 19 of the constitution grants six freedoms to the citizens They are right to freedom of -

(I) expression, (2) to assemble peaceably and without arms (3) to form association, (4) to move freely in India, (5) to five anywhere in India and (6) to adopt any profession or business.

Q.24 - What Art of the Constitution forbids use of titles or honor conferred by foreign states?

Ans. - Art 18.

Q.25 - Is the right to work and employment recognized by Constitution?

Ans. - No. The directive principle of the constitution declares right to work and employment as desirable. But the directives are non- justiciable in character.

Q.26 - Are the conferment of honour like Bharat Ratna or Padma Bibhusun violative of right to equality under Art. 114?

Ans. – No, because Bharat Ratna, Padma Bibhusun etc. are not considered as titles. They cannot be used before or after the names of the persons on whom they are conferred.

Q.27 - How the Indian Constitution seeks to protect children against exploitation?

Ans. - Arts 24 of the constitution forbids employment of children in factories, mines, or in hazardous works.

Q.28 - What categories of people can be imprisoned without trial?

Ans. - Under Arts 22 (3) of the constitution enemy aliens and persons arrested under preventive detention Acts can be imprisoned without trial.

Q.29 - “India is a Secular State”. What does it mean?

Ans. - Indian secularism means that the state does not have any established religion, that people are free to practice and profess any religion and that the state does not show any preference to any religion.

Q.30 -What Arts of the Constitutions confer right to freedom of religion?

Ans. - Arts 25 to 28 confer right to freedom of religion on the citizens.

Q.31 - Is possession of private property a Fundamental Right?

Ans. - Private property was a fundamental right before the passing of 44th amendment of the constitution. Now the possession of private property is an ordinary legal right and not a fundamental right.

Q.32 -What Art of the Constitution confers right to constitutional remedies?

Ans. - Art 32 of the constitution confer the right to constitutional remedies on the citizens.

Q.33 - How many kinds of writs the Supreme Court or the High Court may issue in case of transgression of Fundamental Rights?

Ans. - The Supreme Court or the High Courts may issue five kinds of writs.

These are writs of (1) Habeas Corpus (2) Mandamus (3) Prohibition (4) Certiorari and (5) Quowarranto.

Q.34 - What is Habeas Corpus? What Art of the Constitution provides for it?

Ans. - Habeas Corpus: literally means that human person is sacred. Hence no man can be detained illegally. Whenever a man is detained he must be produced before a court. This writ is a powerful safeguard against arbitrary arrest and detention Art. 32 of the constitution provides for Habeas Corpus.

Q.35 -Do the members of the armed forces enjoy the Fundamental Rights given by the Constitution?

Ans. - The parliament may restrict the fundamental rights by passing laws. Beyond such restrictions the members of the Armed Forces enjoy their fundamental rights.

Q.36 -What are principal duties of the Indian Citizens?

Ans. - Obeying the constitution, showing respect to the national flag and the national anthem, defending India’s sovereignty, integrity, and unity protecting national properties and upholding Indias glorious mixed culture and also showing respect to woman are the principal duties of the Indian citizens.

Q.37 -When were the duties of the citizens added to the Constitution?

Ans. - Ten duties of the Indian citizens have been added to the constitution by the 42nd amendment to the constitution.

Q.38 - In what chapter of the Constitution and in what Arts are the Directive principles of the Constitution given?

Ans. - In chapter IV Arts 35-51 the directive principle of the constitution are given.

Q.39 -What is the principal difference between the directive principles and the fundamental rights?

Ans. - The fundamental rights are justiciable while the directive principals are non-justiciable i.e. the fundamental rights are enforced by the courts while the directives are not enforced by the courts.

Q.40 -Name four important directives given in the Indian Constitution?

Ans. - (1) The states should provide help in cases of old age, unemployment and disability. (2) State should strive to reduce in­equality between individuals, groups and professions (3) State should promote and foster rural cottage industries. (4) The state should provide compulsory free primary education to children below 14 years if age.

Q.41 - Name two directives based on the ideal of socialism?

Ans. - (A) The state should prevent concentration of the ownership of the means of production in the hands of the few (Art. 39c).

(B) The state should provide help and assistance in case of unemployment and disability.

Q.42 -What directive is based on a Gandhian ideal?

Ans. -Art 45 of the constitution directs the state to promote and foster Panchayeti Raj in India.

Q.43 -What are the value and importance of the directive principles?

Ans. - The directive principles though non-justiciable are not worthless. Sir B.N. Rao contends that the directives are moral precepts. K.M. Panikkar holds that the directives promise India to achieve economic socialism or economic democracy.

Q.44 -What directive aims to secure separation of the executive from the judiciary?

Ans. - Art 50 of the constitution direct the state to separate the executive from the judiciary. This is important to secure the independence of the judiciary from executive control and influence.

Q.45 -How the Arts related to fundamental rights may be amended?

Ans. - The Arts related to fundamental rights may be amended when a bill to that effect is passed by 2/3 votes of the members present and voting in each House of the Parliament but the members present and voting must constitute a majority of total membership of each House.

Q.46 - In what Art of the Indian Constitution India has been described as a “Union of States”.

Ans. - Art one of the Indian constitutions says that India that is Bharat shall be a Union of States.

Q.47 - What is the other name of India given in the Constitution and in what Art.?

Ans. - India is also called Bharat in Art.1 of the constitution.

Q.48 - Does any Art of the Indian Constitution use the term “federation”? If not what is the term used in the constitution by which India can be called a federation’?

Ans. - No Art of the constitution calls India a federation. Instead Art.1 of the constitution calls India a Union of States. From this, constitutional experts infer that India is a federation.

Q.49 - “An indestructible federation of indestructible states” Does this description apply to India?

Ans. - President Abraham Lincoln called the United States an indestructible federation of indestructible states. This description does not apply to India because an Indian state may be easily destroyed through the process of Re-organization of states. Hence India may be called an indestructible federation of very much destructible state.

Q.50 - Through how many lists powers have been distributed between the Union and the States in India? Name them.

Ans. - The Indian constitution distributes powers between the union and the states through three lists, the Union list, the State list and the Concurrent list.

Q.51 - What is the procedure through which powers have been distributed between the Union and the States in India?

Ans. - The Indian Constitution has not followed either the U. S. or the Canadian system of distribution of powers between the federal government and the governments of the federating units. In the U. S. A. there is only one list of powers of the national government. The residues belong to the states. In Canada there is only one list of powers of the governments of the provinces and the residues belong to the central government. In India there are three lists—the Union list, the State list and the Concurrent list. The residues belong to the centre.

Q. 52 - Under what circumstances the union government can legislate on subjects in the state list?

Ans. - On three occasions the Union government may legislate on state subjects.(i) to give effect to an international treaty, (ii) when the Rajyasabha by 2/3 majority authorized the Parliament under Art 249 to legislate on any state subject, (iii) when one or more states request the union government to legislate on any state subject.

Q. 53 - Under what Art the President may constitute Inter State Councils and for what purpose?

Ans. - Under Arts 263 of the Indian constitution the President may constitute Inter State Councils to regulate the relations between the centre and the states or between the states.

Q. 54 - Name four important subjects in the Union list?

Ans. - Defence, Foreign relations, Citizenship and Banking are four important subjects in the Union list.

Q. 55 - Name four important subjects in State list?

Ans. - (i) Land Revenue, (ii) Law and order, (iii) Local government, (iv) Education up to the secondary level.

Q. 56 - What do you mean by Concurrent list? Name four important subjects in Concurrent list.

Ans. - The concurrent list mentions the subjects on which the union and the state governments, both can legislate but in case of conflict between a union and state law the union law prevails. Administrative and criminal law, vagrancy, forests, protection of wild animals and birds are four important subjects in the concurrent list.

Q. 57 - Mention two circumstances when the Union Government can issue directives to the State Governments.

Ans. - The union government may issue directive to the state government for the protection of the Railways and Ports and also on subjects considered important in the national interest.

Q. 58 - What is meant by residual powers?

Ans. - In a federal constitution powers not mentioned in any list of powers given to the centre or the states is known as the residual power. In India the residuary belongs to the union government.

Q. 59 - Mention two taxes the proceeds of which are divided between the union and the state governments.

Ans. - Non-agricultural income tax and excise duties except on cosmetics and medicines.

Q. 60 - Mention four subjects on which the state government may impose taxes.

Ans. - The state government may realize (i) sales tax, (ii) land revenue, (iii) amusement tax and taxes on (iv) transportations.