All questions of Constitutional Framework for CLAT Exam

• Quo Warranto is a petition through which a person is asked under what authority or power he has acted or taken a decision.
• The purpose of this writ is to restrain a person from holding a public office which he is not entitled.
• When a person starts acting as an officer of which he is not legally entitled, the court asks by this writ on what grounds he is acting in this position.
• This writ prohibits a person or an officer from performing an office for which he is not authorized, and thus, this writ prohibits the taking of public office by any person.

The president of India can nominate two members from the Anglo-Indian community to the Lok Sabha. This provision is mentioned in Article 331 of the Indian Constitution. Let's understand this provision in detail.

Article 331 of the Indian Constitution:
Article 331 deals with the representation of the Anglo-Indian community in the Lok Sabha (the lower house of the Parliament of India). According to this article, the President of India can nominate two members from the Anglo-Indian community if he/she feels that the community is not adequately represented in the Lok Sabha.

Explanation:
1. Representation of Anglo-Indian community:
- The Anglo-Indian community is a minority community in India, consisting of people with mixed Indian and British ancestry.
- The provision to nominate members from this community to the Lok Sabha is aimed at ensuring their representation in the Parliament.

2. Role of the President:
- The President of India is the head of the state and exercises certain executive powers.
- One of the powers vested in the President is the power to nominate members to the Lok Sabha.

3. Nominating members to the Lok Sabha:
- The President can nominate a maximum of two members from the Anglo-Indian community to the Lok Sabha.
- This nomination is done to provide representation to the community, which may not have been adequately elected through the regular electoral process.

4. Criteria for nomination:
- The President exercises his/her discretion in nominating members from the Anglo-Indian community to the Lok Sabha.
- The nomination is made based on the President's assessment of the community's representation in the Lok Sabha.

5. Importance of representation:
- Adequate representation of all communities is crucial for a healthy democracy.
- By allowing the President to nominate members from the Anglo-Indian community, the Constitution ensures that their voices and concerns are heard and considered in the Parliament.

In conclusion, the President of India has the power to nominate two members from the Anglo-Indian community to the Lok Sabha. This provision is aimed at ensuring the representation of minority communities in the Parliament and promoting inclusivity in India's democratic system.

B.R.Ambedkar

The correct answer is option 'A', which is the 91st Amendment to the Constitution of India. This amendment introduced a new provision under Article 75(1A) of the Constitution, which states that the Council of Ministers in the Union and the State Governments should not exceed 15 percent of the total number of members in the House of the People or the Legislative Assembly of the States, respectively.

Explanation:

The 91st Amendment to the Constitution of India was enacted in 2003. This amendment aimed to address the issue of large and unwieldy Councils of Ministers at the Union and State levels. The excessive size of the Council of Ministers had become a matter of concern as it led to administrative inefficiency and increased expenditure.

Key provisions of the 91st Amendment:

1. Article 75(1A): The amendment added a new provision to Article 75(1) of the Constitution. The new provision states that the Council of Ministers in the Union shall not exceed 15 percent of the total number of members in the House of the People. Similarly, in the States, the Council of Ministers shall not exceed 15 percent of the total number of members in the Legislative Assembly.

2. Disqualification: The amendment also added a new clause, Clause (1B), to Article 164 of the Constitution. This clause states that a member of the Legislative Assembly or Legislative Council of a State shall be disqualified if he or she is appointed as a Minister and the size of the Council of Ministers exceeds the prescribed limit.

Significance of the 91st Amendment:

1. Promotes efficiency: The amendment aims to promote administrative efficiency by limiting the size of the Council of Ministers. With a smaller Council of Ministers, decision-making processes can be more streamlined and effective.

2. Reduces expenditure: By limiting the size of the Council of Ministers, the amendment helps in reducing the financial burden on the exchequer. A smaller Council of Ministers means lesser expenditure on salaries, allowances, and other perks.

3. Enhances accountability: With a smaller Council of Ministers, individual Ministers can be held more accountable for their actions. The reduced size ensures that there is a clear allocation of responsibilities and better supervision.

4. Prevents political instability: By preventing the formation of large coalitions and unwieldy Councils of Ministers, the amendment helps in maintaining political stability and reducing the chances of frequent changes in government.

In conclusion, the 91st Amendment to the Constitution of India introduced the provision that the Council of Ministers at the Union and State levels should not exceed 15 percent of the total number of members in the House of the People or the Legislative Assembly, respectively. This amendment aims to promote efficiency, accountability, and stability in the functioning of the government.

The concept of secularism been mentioned?

The concept of secularism in the Indian Constitution has been mentioned in several places.

1. Preamble: The Preamble of the Indian Constitution declares India to be a "sovereign socialist secular democratic republic," indicating the commitment to secularism as one of the foundational principles of the country.

2. Article 25: Article 25 of the Indian Constitution guarantees freedom of religion to all individuals. It states that all persons are equally entitled to freedom of conscience and the right to freely profess, practice, and propagate religion.

3. Article 26: Article 26 of the Indian Constitution guarantees the right of every religious denomination or any section thereof to manage its own religious affairs, including the right to establish and maintain institutions for religious and charitable purposes.

4. Article 27: Article 27 of the Indian Constitution prohibits the state from levying any tax for the promotion or maintenance of any particular religion. This ensures that the state remains neutral and does not favor any religion over others.

5. Article 28: Article 28 of the Indian Constitution prohibits religious instruction in educational institutions wholly maintained by state funds. This ensures that public educational institutions remain secular and do not promote any particular religion.

These provisions reflect the secular character of the Indian Constitution and its commitment to maintaining a state that is neutral and treats all religions equally.

Introduction:
The Constitution of India is a comprehensive document that outlines the fundamental principles, rights, and duties of the citizens of India. It also distributes powers between the Union (central government) and the states. One important aspect of the Constitution is the division of legislative powers between the Union List, State List, and Concurrent List.

Explanation:
The Union List, State List, and Concurrent List are three separate lists that categorize various subjects and specify which level of government has the authority to make laws on those subjects. The Union List includes subjects on which only the central government can legislate, such as defense, foreign affairs, and atomic energy. The State List includes subjects on which only the state governments can legislate, such as police, public health, and agriculture. The Concurrent List includes subjects on which both the central and state governments can legislate, such as criminal law, marriage, and divorce.

Public Order:
Public Order is an important subject that concerns the maintenance of law and order, prevention of crime, and protection of public safety and tranquility. It involves the regulation of activities that could potentially disrupt public peace and harmony. The power to legislate on matters related to public order is vested primarily in the state governments. Hence, Public Order is included in the State List of the Indian Constitution.

Importance of Public Order:
Public Order is crucial for the smooth functioning of society and the protection of individual rights and freedoms. It ensures that citizens can live peacefully and without fear of violence or disruption. Public Order laws cover various aspects, including the prevention and control of riots, maintenance of public safety, regulation of assemblies and processions, and management of law enforcement agencies.

Residuary Powers:
Residuary Powers refer to subjects that are not explicitly mentioned in any of the three lists - Union List, State List, or Concurrent List. These powers are vested in the central government. However, Public Order is not included in the Residuary Powers. It is specifically mentioned in the State List, indicating that the state governments have the primary authority to legislate on matters related to Public Order.

Conclusion:
In conclusion, Public Order is included in the State List of the Indian Constitution. This means that the state governments have the authority to make laws and take necessary actions to maintain public peace, prevent crime, and ensure public safety. Public Order is a crucial subject that contributes to the overall well-being of society and the protection of individual rights.

Ashok Mehta Committee

The Ashok Mehta Committee was established in 1977 to evaluate the functioning of Panchayati Raj institutions in India. The Panchayati Raj system is a decentralized form of governance that involves local self-government at the village or town level.

Appointment of Ashok Mehta Committee

The appointment of the Ashok Mehta Committee was made by the Janata Party government, which came to power after the Emergency in India. The Committee was tasked with reviewing the implementation of the Panchayati Raj system and suggesting measures for its improvement.

Objective of Ashok Mehta Committee

The objective of the Ashok Mehta Committee was to evaluate the functioning of Panchayati Raj institutions and suggest measures for their effective functioning. The Committee identified the need for greater devolution of powers and resources to the local level and recommended measures to strengthen the Panchayati Raj system.

Recommendations of Ashok Mehta Committee

The Ashok Mehta Committee made several recommendations to improve the functioning of Panchayati Raj institutions in India. Some of the key recommendations include:

1. Establishment of a three-tier system of Panchayati Raj institutions at the village, block, and district levels.

2. Reservation of seats for marginalized communities such as Scheduled Castes, Scheduled Tribes, and women.

3. Transfer of financial resources and administrative powers to the Panchayati Raj institutions.

4. Strengthening of the Panchayati Raj institutions through training and capacity building.

Conclusion

The Ashok Mehta Committee played a crucial role in shaping the Panchayati Raj system in India. Its recommendations led to the strengthening of local self-government and greater devolution of powers and resources to the local level. The Panchayati Raj system continues to play a critical role in the governance of rural areas in India.

Explanation:
The Laccadive, Minicoy and Amindivi Islands are a group of islands located in the Arabian Sea off the coast of Kerala. The name of these islands was changed to Lakshadweep by an act of parliament in 1973.

Reason for the name change:
The reason for the name change was to reflect the cultural and linguistic identity of the people living in these islands. The term "Lakshadweep" means "a hundred thousand islands" in Sanskrit, which is a more fitting name for this archipelago, as it is made up of numerous small islands.

Impact of the name change:
The name change had a significant impact on the identity of the people living in these islands. The new name, Lakshadweep, reflects their cultural and linguistic heritage and has helped to preserve their unique identity. It has also helped to promote tourism in the region, as the new name is more recognizable and easier to remember for tourists.

Conclusion:
Overall, the name change from Laccadive, Minicoy and Amindivi Islands to Lakshadweep was a positive step towards promoting the cultural and linguistic identity of the people living in these islands. It has also had a positive impact on tourism in the region, which has helped to boost the local economy.

The powers of panchayats in India are stated in the 11th schedule of the Indian Constitution. The 11th schedule was added to the Constitution by the 73rd Amendment Act of 1992, which aimed to strengthen and decentralize local self-government in rural areas.

The 11th schedule provides a list of 29 functional items that fall within the purview of panchayats. These functional items include various subjects related to local governance, such as agriculture, land improvement, social forestry, education, health, and sanitation. The schedule also specifies the powers and responsibilities of panchayats in relation to these subjects.

The inclusion of the 11th schedule in the Constitution was a significant step towards empowering panchayats and giving them a constitutional status. It recognizes the importance of local self-government in rural areas and aims to ensure that panchayats have the necessary powers and resources to perform their functions effectively.

The 11th schedule also serves as a guide for the states in devolving powers and functions to the panchayats. It provides a framework for the delegation of powers from the state government to the panchayats and ensures that there is clarity and uniformity in the distribution of functions between different levels of government.

Moreover, the 11th schedule also lays down the powers of the panchayats in relation to planning and development. It requires the panchayats to prepare plans for economic development and social justice, and it empowers them to levy taxes, collect fees, and receive grants-in-aid from the government for the purposes of local governance.

In conclusion, the 11th schedule of the Indian Constitution is where the powers and functions of panchayats are stated. It plays a crucial role in empowering and decentralizing local self-government in rural areas, and it provides a framework for the devolution of powers from the state government to the panchayats.

Understanding Grants-in-Aid in India
The distribution of financial resources between the central and state governments in India is a critical aspect of fiscal federalism. One of the key bodies involved in this process is the Finance Commission.
Role of the Finance Commission
- The Finance Commission is a constitutional body established under Article 280 of the Indian Constitution.
- It is responsible for recommending the principles governing the distribution of financial resources between the central government and the states.
- This includes the allocation of grants-in-aid from the Consolidated Fund of India to the states.
Functions of the Finance Commission
- Assessment of Revenue Needs: The Finance Commission assesses the revenue needs of the states and determines the appropriate amount of grants-in-aid required for their development and welfare.
- Equity and Justice: It aims to promote equity and justice in the distribution of financial resources, ensuring that states with lesser financial capabilities receive adequate support.
- Recommendations: The recommendations made by the Finance Commission are binding on the central government, ensuring that states receive the necessary financial assistance to meet their obligations.
Why Other Options Are Not Correct
- Public Accounts Committee: This committee primarily examines the accounts of the government but does not recommend principles for grants-in-aid.
- Union Ministry of Finance: While it plays a crucial role in budget formulation, it does not specifically recommend the principles for grants-in-aid to states.
- Inter-State Council: This council is more focused on coordinating issues between states and the center, rather than the financial distribution of resources.
In conclusion, the Finance Commission is the authoritative body that recommends the principles governing grants-in-aid from the Consolidated Fund of India to the states, ensuring a balanced fiscal framework.

A Select Committee.

The president

Irish Constitution.

Legal right that was originally enshrined as a fundamental right under Article 31 of the Indian Constitution. The right to property guaranteed individuals the right to acquire, hold, and dispose of property, and also protected against any deprivation of property without the authority of law.

However, in 1978, the 44th Amendment to the Constitution brought significant changes to the right to property. It shifted the status of the right from a fundamental right to a legal right under Article 300A. This amendment enabled the government to acquire private property for public purposes, subject to the payment of fair compensation.

The amendment also introduced the concept of reasonable restrictions on the right to property. These restrictions allowed the government to impose limitations on the use, enjoyment, and disposal of property in the interest of public welfare and social justice.

Overall, the right to property is still recognized in the Indian Constitution, but it is no longer considered an absolute fundamental right. It is now subject to reasonable restrictions and can be acquired by the government for public purposes, provided fair compensation is provided to the affected individuals.

Explanation:
The Constitution of India enumerates various rights that are guaranteed to all citizens of India. These rights are enshrined in the Constitution under Part III, which is commonly known as the 'Fundamental Rights'.

The following are the rights that are guaranteed under the Constitution of India:

a) Political and social rights:
- Right to equality
- Right to freedom
- Right against exploitation
- Right to freedom of religion
- Cultural and educational rights
- Right to constitutional remedies

b) Educational right:
- Right to education is a fundamental right under the Constitution of India. This right was added to the Constitution by the 86th Amendment Act of 2002.

d) Right to religion:
- The Constitution of India guarantees the right to freedom of religion to all citizens. This means that every person has the right to practice, profess and propagate any religion of their choice.

c) Economic right:
- The Constitution of India does not explicitly mention any economic rights as fundamental rights. However, certain provisions in the Constitution suggest that economic rights are an integral part of the fundamental rights. For example, the right to life enshrined in Article 21 has been interpreted by the Supreme Court to include the right to livelihood.

Therefore, option 'C' is the correct answer as economic rights are not explicitly mentioned as fundamental rights in the Constitution of India.

The system of Judicial Review exists in India and the U.S.A. Judicial Review is the power of the judiciary to review and strike down actions taken by the legislative and executive branches of government. Here is the explanation of this answer in detail:

What is Judicial Review?

Judicial Review is a process by which the judiciary reviews the decisions of the executive and legislative branches of government for constitutionality. The judiciary can then strike down any actions that violate the constitution.

Where does Judicial Review exist?

Judicial Review exists in several countries, including India, the U.S.A., and the U.K. However, the scope and extent of Judicial Review differ in each country.

Judicial Review in India

In India, Judicial Review is an important feature of the Constitution. The Supreme Court and High Courts have the power to declare any law or action of the government as unconstitutional. This power is derived from Article 13 of the Constitution, which states that any law that violates fundamental rights is void.

Judicial Review in the U.S.A.

In the U.S.A., Judicial Review is a fundamental principle of the Constitution. The power of Judicial Review was established in the landmark case of Marbury v. Madison (1803), in which the Supreme Court declared that it had the power to strike down laws that violated the Constitution.

Judicial Review in the U.K.

In the U.K., Judicial Review is a relatively recent development. The power of Judicial Review was established in the case of Anisminic Ltd v Foreign Compensation Commission (1969). The courts can now review the decisions of public authorities to ensure that they are lawful, reasonable, and fair.

Conclusion

In conclusion, the system of Judicial Review exists in India and the U.S.A. It is an important feature of the Constitution in both countries and is essential for protecting the rights of citizens.