All questions of Constitution of India: History, Development & Salient Features for UPSC CSE Exam

Incorrect Statement in Features of the Consistent Assembly:

1. Indian Independence Act of 1947 maintained that the Constituent Assembly was a fully sovereign body.

Explanation:
This statement is correct. The Indian Independence Act of 1947 declared that the Constituent Assembly was a fully sovereign body to frame the Constitution of India.

2. Constituent Assembly composed representatives of Princely states which were nominated by the people of the princely states.

Explanation:
This statement is incorrect. The representatives of Princely states were not nominated by the people of the princely states. They were nominated by the rulers of the princely states.

3. Seats allocated to each British province were divided among all communities, in proportion to their population.

Explanation:
This statement is correct. Seats allocated to each British province were divided among all communities in proportion to their population.

Therefore, the correct answer is option (c) 2 only.

• This statement is not correct. While most chairpersons were indeed members of the Constituent Assembly, there were exceptions. For example, Dr. B.R. Ambedkar, who chaired the Drafting Committee, was initially not a member of the Assembly elected from the British Indian provinces but was later included as a representative of the Bengal Presidency after the partition of India. Therefore, this statement might be misleading without the context of such exceptions.

• This statement is correct. Vallabhbhai Patel indeed chaired the Advisory Committee on Fundamental Rights, Minorities, and Tribal and Excluded Areas. This committee was pivotal in shaping the rights and safeguards to be included in the Indian Constitution.

India is a democratic country and it delives its power from the people . That means in a democratic country the representatives are elected by the people.

Dr. Bhimrao Ramji Ambedkar, popularly known as Baba Saheb, was the chief architect of the Indian Constitution. A veritable emancipator of Dalits, a great national leader and patriot, a great author, a great educationist, a great political philosopher, a great religious guide and above he was great himself without any parallel among his contemporaries.

A

A codified constitution is a single document; states that do not have such a document have uncodified, but not entirely unwritten, constitutions, since much of an uncodified constitution is usually written in laws such as the Basic Laws of Israel and the Parliament Acts of the United Kingdom.

Sikkim's Association with the Indian Union
Sikkim, a small Himalayan state located in northeastern India, became associated with the Indian Union in 1975.

Background
Sikkim was a protectorate of India from 1950 and was granted greater autonomy over the years. In 1975, the Sikkimese monarchy was abolished, and a referendum was held in which the people of Sikkim voted to become a full-fledged state of India.

Integration with India
The Sikkim Merger Agreement was signed between the Chogyal (King) of Sikkim and the Indian government, formally making Sikkim the 22nd state of India on May 16, 1975.

Constitutional Status
After its association with the Indian Union, Sikkim was granted special provisions under Article 371F of the Indian Constitution, which provides for special powers for the protection of the rights and interests of the Sikkimese people.

Significance
The association of Sikkim with the Indian Union marked the end of its status as a protectorate and its full integration into the Indian Republic. It also represented a victory for democracy, as the people of Sikkim had a say in their future through the referendum.

Conclusion
The year 1975 is significant in the history of Sikkim as it marks the beginning of its journey as a full-fledged state of India. The association with the Indian Union has brought about socio-economic development and political stability to the region.

The chief draftsman of the constitution in the Constituent Assembly was B.R. Ambedkar.

Explanation:

- B.R. Ambedkar was a prominent leader and a member of the Constituent Assembly which was formed to draft the constitution of India.
- He played a crucial role in the drafting of the constitution and was the chief architect of the constitution.
- He was appointed as the chairman of the drafting committee which was responsible for preparing the first draft of the constitution.
- Ambedkar was a prolific writer and his extensive knowledge of constitutional law helped him in drafting the constitution.
- He worked tirelessly for almost two years to prepare the draft of the constitution and presented it to the Constituent Assembly on 4th November 1947.
- The constitution was finally adopted on 26th January 1950 and came into effect on that day.
- B.R. Ambedkar is often referred to as the father of the Indian Constitution and his contribution to the drafting of the constitution is widely recognized.

M.N Roy, a pioneer of the communist movement in India and an advocate of radical Democracy was the person who for the first time in 1934 put forth the Idea an Indian Constituent Assembly for framing of Constitution of India for and according to Indians.

The correct answer is option D, Elephant.

Explanation:
The Constituent Assembly of India, which was responsible for drafting the Constitution of India, adopted the emblem of an elephant as its symbol in 1947.

Here are some reasons why the elephant was chosen as a symbol:

1. Significance in Indian culture: Elephants have been an important part of Indian culture and history for centuries. They are revered as symbols of strength, wisdom, and prosperity.

2. Unity in diversity: Elephants are found in many parts of India and are respected by people of different religions, castes, and communities. Similarly, the Constituent Assembly aimed to create a Constitution that would unite the diverse people of India.

3. Constitutional values: Elephants are known for their loyalty, courage, and sense of responsibility. These are also values that are important for a strong and effective Constitution.

4. Historical connection: The elephant has also been associated with the Maurya Empire, which was one of the greatest empires in ancient India. The Mauryan Emperor Ashoka used the image of four elephants standing back-to-back as the symbol of his reign.

In conclusion, the elephant was chosen as a symbol of the Constituent Assembly because of its significance in Indian culture, its ability to represent unity in diversity, its association with important constitutional values, and its historical connection to ancient India.

Option C Andhra pradesh

Our Constitution is federal with unitary bias because At normal times it believes in being federal and passing on powers to lower governments but At the time of emergency , Central Government withdraws all the power from lower governments and exercises all the powers and works as Unitary government . This makes it Federal with Unitary bias

The correct answer is option 'B' - Constitution of India. Let's delve into the explanation below:

**Explanation:**

**1. Introduction to the Constitution of India:**
The Constitution of India is the supreme law of the country. It serves as the source of legal authority and sovereignty in India. It was adopted by the Constituent Assembly on 26th November 1949 and came into effect on 26th January 1950, thereby replacing the Government of India Act, 1935.

**2. Sovereignty and Legal Authority:**
Sovereignty refers to the supreme power or authority possessed by a state to govern itself and make decisions within its territory. In India, the sovereignty and legal authority flow from the Constitution. The Constitution establishes the framework of governance, defines the powers and functions of various institutions, and guarantees fundamental rights and freedoms to the citizens.

**3. Features of the Constitution:**
The Constitution of India has several essential features that establish its authority and sovereignty:

a) **Written Constitution:** Unlike the United Kingdom, India has a written constitution that is codified and documented in a single document. This written constitution is the fundamental law of the land and is legally enforceable.

b) **Preamble:** The Preamble of the Constitution outlines the basic ideals and objectives of the Indian state. It declares India as a sovereign, socialist, secular, and democratic republic. The Preamble serves as the guiding spirit of the Constitution.

c) **Fundamental Rights and Directive Principles of State Policy:** The Constitution guarantees fundamental rights to the citizens, such as the right to equality, freedom of speech and expression, right to life, and many more. It also includes Directive Principles of State Policy, which provide guidelines for the government to promote the welfare of the people.

d) **Separation of Powers:** The Constitution provides for the separation of powers among the three branches of government - the Legislature, the Executive, and the Judiciary. Each branch has its own specific powers and functions to prevent the concentration of power.

**4. Amendments and Judicial Review:**
The Constitution of India can be amended, but the amending power is subject to certain limitations and procedures. The Parliament can amend the Constitution, but the amendments must not violate the basic structure of the Constitution.

Moreover, the Constitution provides for judicial review, which empowers the judiciary to review and strike down any law or action that is inconsistent with the Constitution. This ensures that the Constitution remains the supreme law of the land and upholds the principles of justice and equality.

**Conclusion:**
In conclusion, the Constitution of India is the source of legal authority and sovereignty in India. It establishes the framework of governance, guarantees fundamental rights, and defines the powers and functions of various institutions. The Constitution is supreme and can only be amended through a prescribed procedure. Through the Constitution, India upholds the principles of democracy, justice, and equality.

**The Constitution of India describes India as a Union of States.**

**Explanation:**

The Constitution of India designates India as a Union of States, which means that India is a federation with a strong central government. Let's understand this in detail:

**Federalism in India:**
- Federalism refers to the division of power between the central government and the state governments.
- India follows a federal system of government where power is distributed between the central government and the state governments.
- The central government has certain powers that are exclusively under its control, while the state governments have their own set of powers.
- The Constitution of India provides for a dual polity, with powers divided between the Union (central government) and the States.

**Features of Indian Federalism:**
1. **Supremacy of the Constitution:** The Constitution is the supreme law of the land, and both the central and state governments have to operate within its framework.
2. **Division of Powers:** The Constitution clearly defines the powers of the central and state governments through the Union List, State List, and Concurrent List.
- The Union List consists of subjects on which only the central government can make laws.
- The State List consists of subjects on which only the state governments can make laws.
- The Concurrent List consists of subjects on which both the central and state governments can make laws, but in case of a conflict, the central law prevails.
3. **Independent Judiciary:** India has an independent judiciary that acts as the guardian of the Constitution. It interprets the Constitution and resolves disputes between the central and state governments.
4. **Flexible Constitution:** The Constitution of India provides for the possibility of changes and amendments to meet the needs of the changing times and circumstances.
5. **Single Citizenship:** Unlike some federations, India has a single citizenship that is applicable to all Indian citizens irrespective of the state they belong to.

**Conclusion:**
The Constitution of India describes India as a Union of States, which means that India follows a federal system of government. This system provides for the division of powers between the central government and the state governments, ensuring a balance of power and promoting unity within diversity.

The Poona Pact was an agreement signed on September 24, 1932, between Mahatma Gandhi and Dr. B.R. Ambedkar. It was a compromise between the two leaders regarding the issue of separate electorates for the Dalits or the Scheduled Castes.

The correct option is (c) Joint electorate with reserved seats for the Scheduled Castes.

Explanation:

Background:

The British Government had introduced the system of separate electorates for the Dalits through the Communal Award in 1932. This meant that the Dalits would have their own electorates and would vote only for Dalit candidates.

However, Mahatma Gandhi was strongly opposed to this system as he believed that it would create further divisions in the Indian society. He argued that the Dalits should be integrated into the mainstream society and should not be treated as a separate community.

On the other hand, Dr. B.R. Ambedkar, the leader of the Dalits, was in favor of separate electorates as he believed that it was the only way to ensure political representation for the Dalits.

Agreement:

The Poona Pact was signed after a series of negotiations between Mahatma Gandhi and Dr. B.R. Ambedkar. The key features of the agreement were:

- The system of separate electorates for the Dalits was abolished.
- Instead, a joint electorate was introduced where all communities would vote together.
- However, to ensure political representation for the Dalits, reserved seats were provided in the legislature and other elected bodies.
- The number of reserved seats would be in proportion to the population of the Dalits in a particular region.
- The system of reservation would be in place for a period of ten years.

Significance:

The Poona Pact was a significant event in the Indian freedom struggle as it resolved a major conflict between the leaders of the Dalits and the mainstream nationalist movement. It helped in the integration of the Dalits into the mainstream society and ensured political representation for them.

The agreement also marked a victory for Mahatma Gandhi's philosophy of non-violent resistance and his belief in the unity of the Indian society.

Conclusion:

The Poona Pact remains a significant event in the history of India as it paved the way for the integration of the Dalits into the mainstream society and ensured their political representation. It was a compromise between the two leaders that helped in resolving a major conflict and united the Indian society in the fight against the British colonial rule.

Explanation:

The correct answer is option 'B', i.e., the UK.

Reasoning:

The United Kingdom of Great Britain and Northern Ireland is the only country in the world that does not have a written constitution.

Background:

The UK relies on a combination of laws, conventions, and traditions to govern its citizens. The UK's constitution is an unwritten one, meaning that it is not a single document, but rather a collection of laws, traditions, and conventions.

Features of the UK's Unwritten Constitution:

- The UK's constitution is not documented in a single written document.
- The UK's constitution is based on a combination of laws, conventions, and traditions.
- The UK's constitution is flexible and can be changed easily.
- The UK's constitution is not protected by a higher law or constitutional court.

Constitutional Documents of the UK:

- Magna Carta (1215)
- Bill of Rights (1689)
- Act of Settlement (1701)
- Parliament Acts (1911 and 1949)
- Human Rights Act (1998)

Conclusion:

Thus, the UK is the only country in the world without a written constitution.

Explanation:

The Indian Constitution is considered to be federal in nature due to the distribution of powers between the Centre and the States. Let's understand this in detail:

Distribution of Powers between the Centre and the States:
- The Indian Constitution clearly defines the powers and functions of both the Central government and the State governments.
- It divides the powers into three lists: Union List, State List, and Concurrent List.
- The Union List includes subjects on which only the Central government can make laws.
- The State List includes subjects on which only the State governments can make laws.
- The Concurrent List includes subjects on which both the Central and the State governments can make laws.
- This division of powers ensures that both the Central and State governments have their respective jurisdictions and areas of authority.
- It prevents any one level of government from encroaching upon the powers of the other, thus maintaining a balance of power.

Vesting of Residuary Powers with the Centre:
- Residuary powers are those powers that are not specifically mentioned in any of the three lists (Union, State, and Concurrent).
- In the Indian Constitution, these residuary powers are vested with the Central government.
- This means that any matter or subject that is not explicitly mentioned in the Union List, State List, or Concurrent List falls under the jurisdiction of the Central government.
- This provision strengthens the federal nature of the Indian Constitution by ensuring that the Centre has the authority to legislate on matters not assigned to the States.

Therefore, the distribution of powers between the Centre and the States, along with the vesting of residuary powers with the Centre, establishes the federal character of the Indian Constitution. The other options mentioned in the question, such as a written and rigid Constitution and an independent judiciary, are important features of the Indian Constitution but do not solely determine its federal nature.

-Chelmsford Reforms of 1919
c)Simon Commission Report of 1928
d)The recommendations of the Nehru Report of 1928

The correct answer is a) The council Act of 1909. The Government of India Act 1919, also known as the Montagu-Chelmsford Reforms, was based on the Council Act of 1909. The Act of 1909 had introduced a limited form of representative government in India by expanding the legislative councils and allowing for some elected members. The Government of India Act 1919 further expanded the legislative councils and introduced provincial autonomy.

 73rd Amendment Act added Eleventh Schedule to the Constitution and Part IX, which provides for the Panchayati Raj System.

The Constitution of India states that Parliament of India and the Union Government jurisdiction extends over limited matters with respect to State of Jammu and Kashmir, and in all other matters not specifically vested in federal governments, actions have to be supported by state legislature.

Explanation of the Statements
The question presents two statements regarding the Indian Constitution and its historical context. Let's analyze each statement individually.
Statement 1: January 26 as 'Date of Commencement'
- The date of January 26 was indeed chosen because it marks the day in 1930 when the Indian National Congress declared Poorna Swaraj (complete independence) as its goal.
- This statement is correct.
Statement 2: Commencement of the Constitution and Repeal of Acts
- Upon the commencement of the Constitution on January 26, 1950, the Indian Independence Act of 1947 did not get repealed. Instead, it was the legal framework that facilitated India's transition to independence.
- The Abolition of Privy Council Jurisdiction Act (1949) was also not repealed by the Constitution; rather, it was enacted to remove the jurisdiction of the Privy Council in India.
- Therefore, this statement is not correct.
Conclusion
- Since Statement 1 is correct and Statement 2 is not correct, the answer to which statement is not correct is option 'B' (2 only).
Key Takeaway
- Understanding the historical significance of January 26 is crucial, as it connects India's struggle for independence with the establishment of a sovereign constitution.
- The distinction between the repeal of laws and the enactment of new ones is vital in constitutional studies.