Test: Constitution Of India - 1 - CLAT MCQ

The word "morality" is not found in the Preamble of the Constitution of India.

• The Preamble mentions key values such as sovereignty, justice, and integrity.
• Morality is not specifically mentioned in the Preamble.
• This sets apart "morality" from the other terms, which are clearly stated in the Preamble.

The Drafting Committee had seven members:

1. Alladi Krishnaswami Ayyar
2. N. Gopalaswami
3. B.R. Ambedkar
4. K.M Munshi
5. Mohammad Saadulla
6. B.L. Mitter
7. D.P. Khaitan

At its first meeting on 30th August 1947, the Drafting Committee elected B.R Ambedkar as its Chairman.

The Indian Constitution closely follows the constitutional system of the United Kingdom.

This can be seen by the fact that the Indian Constitution has borrowed the following features from the British Constitution:

• The office of the president of India is based upon the British Queen who is a ceremonial head of the state.
• The Cabinet system of government in India is based upon the Cabinet system as prevailing in the U.K.
• Our Prime Minister is also a replica of the British Prime Minister.
• The parliament type of government has also been adopted from the British system.
• Just like the U.K our Parliament is also bicameral, i.e it has two Houses, the Lok Sabha and the Rajya Sabha.
• The Lok Sabha, the Lower house of parliament in India, is also more powerful than the House of Commons in the United Kingdom.
• Like in the U.K, the presiding officer of Lok Sabha is also known as the speaker. Some of his powers are identical to those of the speaker in England.
• The privileges of the Members of Parliament in India are also similar to those enjoyed by their counterparts in the U.K.

• The drafting committee headed by Dr. B R Ambedkar prepared the first draft of the Constitution after taking into account the proposals of various committees.
• It was first published on 21 February 1948.
• The draft Constitution was considered for 114 days.
• Finally, on 26 November 1949, the Constitution of India was adopted by the Constituent Assembly.

The right to vote is a constitutional right in India. This means it is protected and guaranteed by the Constitution. Here are some key points about this right:

• It allows citizens to participate in the democratic process.
• Voting is essential for choosing representatives in government.
• The right to vote is fundamental for ensuring accountability and transparency in governance.

Overall, the right to vote is crucial for maintaining a healthy democracy.

The Indian judiciary has several important features. Here are the key points:

• Separation from the executive: The judiciary operates independently from the executive branch of government.
• Final interpreter of the Constitution: It ensures the Constitution is upheld and interpreted correctly.
• Free and independent: The judiciary functions without interference from other branches of government, ensuring fair justice.

However, it is not a law-making body. Laws are made by the legislature, not the judiciary.

 In the Berubari case, the Supreme Court clarified that the Preamble is not a part of the Constitution of India. The court held that the Preamble serves as a guiding light for interpreting the Constitution, but it does not hold the same legal status as the articles contained within the Constitution. Thus, while it provides insight into the intentions of the framers, it cannot be enforced as law. This distinction is significant in constitutional law as it shapes how the Preamble is viewed in legal contexts.

B.R. Ambedkar is widely regarded as the father of the Indian Constitution. His significant contributions to the drafting process established the framework for India's governance and legal system.

Key points about his role include:

• He was the chairman of the Drafting Committee of the Constitution.
• Ambedkar emphasized the importance of social justice and equality.
• His advocacy for the rights of the marginalised sections of society is reflected in the Constitution.

Through his leadership, the Constitution was designed to uphold democratic values and protect individual freedoms.

The Parliament of India is the supreme legislative body of the Republic of India.

The Parliament is composed of the President of India, the Rajya Sabha (Council of States), and the Lok Sabha (House of the People).

Audi alteram partem (or audiatur et altera pars) is a Latin phrase meaning "listen to the other side", or "let the other side be heard as well".
It is the principle that no person should be judged without a fair hearing in which each party is given the opportunity to respond to the evidence against them.
So option A infers the same thing.

An amicus curiae is someone who is not a party to a case and may or may not have been solicited by a party and who assists a court by offering information, expertise, or insight that has a bearing on the issues in the case and is typically presented in the form of a brief.

• The term adverse possession means the unlawful possession of the property despite not being the owner of that property.
• If a possessor of a property has continuous possession of that property for continuous 12 years, with the knowledge of owner but without the permission of the owner, then that property is said to be adversely possessed by the possessor.
• The concept of adverse possession was defined by Honorable supreme Court Amarendra Pratap Singh Vs. Tej Bahadur Prajapati. 

• Article 17 of the constitution abolishes the practice of untouchability.
• The practice of untouchability is an offence and anyone doing so is punishable by law.

• Untouchability is neither defined in the Constitution nor in the Act. It refers to a social practice which looks down upon certain depressed classes solely on account of their birth and makes any discrimination against them on this ground.

• Their physical touch was considered to pollute others. Such castes which were called untouchables were not to draw water from the same wells, or use the pond/tank which is being used by the higher castes.

• They were not allowed to enter some temples and suffered many other disabilities.

  Inclusion of this provision in the Constitution shows the importance attached by the Constituent Assembly towards eradication of this evil practice. Article 17 is also a significant provision from the point of view of equality before law (Article 14).

• It guarantees social justice and dignity of man, the twin privileges which were denied to a vast section of the Indian society for centuries together.

   

Article 14 of the Indian Constitution provides "Equality before law" and "Equal protection of laws."

• Equality before law (a negative concept) means that no person is above the law, and everyone is subject to the same laws regardless of status or position.
• Equal protection of laws (a positive concept) means that the state must treat all individuals in a similar situation equally.

Since "Equality before law" is a negative concept (it prohibits special privileges), it is negatively enumerated in Article 14.
Therefore,Correct Answer - Option C

The right to equality allows the state to make special provisions for certain groups.

• The state can create special provisions for women, children, and backward classes.
• This means the government is allowed to take steps to help these groups, even while upholding equality for all.
• Such measures aim to ensure fairness and support those who may need extra assistance in society.

Article 15: A fundamental right prohibits discrimination by the state against any citizen on grounds 'only' of religion, caste, race, sex, and place of birth. The use of the world only means that discrimination on other grounds is not prohibited.

Judicial review allows the Supreme Court to:

• Review cases that have been decided by the High Courts.
• Declare laws passed by states as unconstitutional if they violate the Constitution.

This power ensures that all laws and actions conform to the Constitution, maintaining the rule of law in the country.

There are 5 ways to acquire Indian citizenship:

• by Birth
• by Descent
• by Registration
• by Naturalization
• by Incorporation of territories

Termination of citizenship
The Citizenship Act, 1955 also lays down three modes by which an Indian citizen may lose his/her citizenship:
(i) Renunciation is a voluntary act by which a person, after acquiring the citizenship of another country, gives up his Indian citizenship. This provision is subject to certain conditions.
(ii) Termination takes place by operation of law when an Indian citizen voluntarily acquires the citizenship of another country. He automatically ceases to be an Indian citizen.
(iii) Deprivation is a compulsory termination of the citizenship of India obtained by Registration or Naturalisation, by the Government of India, on charges of using fraudulent means to acquire citizenship.

The "life of contradiction" in the passage refers to the coexistence of equality in politics with inequality in social and economic structures. The passage highlights that while India will achieve political equality on January 26, 1950, social and economic inequality will persist. This unresolved contradiction could eventually jeopardize democracy. Furthermore, the passage emphasizes that India must progress beyond political democracy and adopt social democracy. Social democracy is described as a way of life based on the principles of liberty, equality, and fraternity, requiring a fairer distribution of wealth and power. ​

Dr. Ambedkar argues that denying equality in social and economic structures will put political democracy at risk. He highlights the importance of addressing this inequality to ensure the stability and sustainability of democracy. Without resolving these contradictions, the democratic system itself could face significant challenges.

Dr. Ambedkar emphasizes that the success or failure of the Constitution depends on the people tasked with implementing it. A good Constitution can fail if the individuals working with it are incompetent or corrupt, while even a flawed Constitution can succeed if handled by capable and virtuous individuals. Therefore, the failure of the new Constitution would stem from the incompetence or inadequacy of those responsible for its execution, not the Constitution itself.

Social democracy refers to a way of life that upholds the principles of liberty, equality, and fraternity. It emphasizes creating a society where everyone has equal opportunities, ensuring fairness and justice in social, economic, and political aspects of life. It goes beyond mere legal equality to foster a sense of community and shared responsibility.

The doctrine of waiver: It is not open to a citizen to waive his fundamental rights conferred by Part 3 of the constitution. The Supreme Court is the bulwark of the fundamental rights that have been for the first time enacted in the constitution and it would be a sacrilege to whittle down these rights.

Federalism is a type of government in which the power is divided between the national government and other governmental units. It contrasts with a unitary government, in which a central authority holds the power, and a confederation, in which states, for example, are clearly dominant.

A search does not violate the right against self-incrimination because Sakshi is not directly being compelled to produce incriminating evidence herself. The right applies to testimonial acts, not passive searches conducted by the authorities.

The test should not be allowed as answering questions under sedation violates the right against self-incrimination. Any information extracted in an involuntary state infringes on constitutional protections under Article 20(3).

The court can allow the application because the accused is providing voluntary consent for the test. Article 20(3) of the Indian Constitution protects against compelled self-incrimination. However, if the accused willingly agrees to undergo the test, there is no compulsion, and thus, no violation of Article 20(3). The protection against self-incrimination applies only when the person is forced to provide evidence against themselves, not when they consent to it.

Dr. Ambedkar highlights that the success or failure of a Constitution depends on the people who are responsible for its implementation. Even a flawed or "bad" Constitution can yield good results if it is handled by capable, ethical, and competent individuals. Conversely, a good Constitution can fail if managed by those who are inept or corrupt.

The minimum no. of members of the House of parliament required to be present for a proceeding to start is called Quorum. It is 1/10th of the total membership of the House. The Presiding Officer has power to prorogue a sitting in case of absence of quorum or suspend the sitting until there is quorum