UPSC Prelims Research: Indian Polity 2021

Q. Under the Indian constitution concentration of wealth violates

(a) The Right to Equality
(b) The Directive Principles of State Policy
(c) The Right to Freedom
(d) The Concept of Welfare

Answer: (b) The Directive Principles of State Policy

Notes:

• Under the Indian Constitution, the concentration of wealth violates the Directive Principles of State Policy.
• Article 39(c) of the DPSP states that “the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment”.
• Other principles of policy to be followed by the State under the Article 39 are: 
  • The citizens, men and women equally, have the right to an adequate means to livelihood; 
  • The ownership and control of the material resources of the community are so distributed as best to subserve the common good; 
  • There is equal pay for equal work for both men and women; 
  • The health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength; 
  • Children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment 

Right to Equality (Articles 14 to 18)

• The Right to Equality in the Indian Constitution is a fundamental human right that signifies that all people should be treated equally and without discrimination.
• This principle is foundational to human rights law and is enshrined in various international treaties and national constitutions around the world.
• The essence of this right is to ensure that no individual or group is denied societal opportunities or privileges that are available to others based on arbitrary criteria such as race, gender, age, sexual orientation, nationality, religion, or any other status.
• The Constitution says that the government shall not deny to any person in India equality before the law or the equal protection of the laws. It means that the laws apply in the same manner to all, regardless of a person’s status. This is called the rule of law.

Right to Freedom (Articles 19 to 22)

• The Right to Freedom is a Fundamental Right enshrined in the Constitution of India.
• The detailed provisions related to the Right to Freedom contained in Articles 14 to 18 of the Constitution form the cornerstone of liberal society.
• Together they ensure that the citizens can voice their opinions freely and engage in various pursuits without undue restrictions.

Concept of Welfare

• The term welfare refers to a range of government programs that provide financial or other aid to individuals or groups who cannot support themselves.
• Welfare programs are typically funded by taxpayers and allow people to cope with financial stress during rough periods of their lives.
• In a welfare state, the state assumes responsibility for the health, education, infrastructure and welfare of society, providing a range of social services.
• The principles governing a welfare state are the equitable distribution of wealth, equality of opportunity, and public responsibility towards citizens who cannot afford necessities due to financial limitations.

Q. What is the position of the Right to Property in India?

(a) Legal right available to citizens only
(b) Legal right available to any person
(c) Fundamental Right available to citizens only
(d) Neither fundamental Right nor legal right

Answer: (b) Legal right available to any person

Notes:

• The property right was deleted from the list of Fundamental Rights by the 44thAmendment Act, 1978.
• It is made a legal right under Article 300-A in Part XII of the Constitution. It is not an exclusive legal right offered to citizens.
• Article 19 is modified for this reason, and article 31 is removed.
• It is ensured that the right of minorities to found and run educational institutions of their choosing will not be impacted by the removal of property from the list of fundamental rights.
• Article 300-A provides that no person shall be deprived of his property save by authority of law. 
• According to Article 300 A of the Indian Constitution, only a bill passed by the Lok Sabha has the ability to take away someone’s property.

Q. What was the exact constitutional status of India on 26th January, 1950?

(a) A Democratic Republic
(b) A Sovereign Democratic Republic
(C) A Sovereign Secular Democratic Republic
(d) A Sovereign Socialist Secular Democratic Republic

Answer: (b) A Sovereign Democratic Republic

Notes:

• The Constituent Assembly on 26th November, 1949, adopted, enacted and gave citizens their own Constitution.
• The original Preamble, adopted by the Constituent Assembly on 26th November, 1949 and came into force on 26th January, 1950, declared India as a “Sovereign Democratic Republic”. 
• The Constitutional status of India on 26th January, 1950 was a Sovereign Democratic Republic as the words – Socialist and Secular were added to the Preamble by the 42nd Constitutional Amendment Act, 1976.
• Presently, the Preamble to the Indian Constitution defines India to be a Sovereign, Socialist, Secular and Democratic Republic.

Constitution Day

• It is celebrated on 26^th November every year.
• It is also known as National Law Day.
• On this day in 1949, the Constituent Assembly of India formally adopted the Constitution of India that came into force on 26th January 1950.
• The Ministry of Social Justice and Empowerment on 19th November 2015, notified the decision of the Government of India to celebrate 26 November as ‘Constitution Day’.

Q. Constitutional government means

(a) a representative government of a nation with a federal structure
(b) a government whose Head enjoys nominal powers
(c) a government whose Head enjoys nominal powers
(d) a government limited by the terms of the Constitution

Answer: (d) a government limited by the terms of the Constitution

Notes:

• Constitutional government is by definition limited government. It means government conducted according to rules and principles, which are binding on all political actors, and which therefore help to constrain the unfettered exercise of power by separating or dividing it.
• The Constitution seeks to regulate political power. The core element of constitutional government is the existence of a Rule-of-Law or set of basic laws that bind both public office-holders and all members of a society within a given territory.
• Presently most states avail of a constitution, which directs the organization of the state, the relations between the public offices within the state, as well the human and civil rights of the individual. 
• Constitutional government is defined by the existence of a constitution—which may be a legal instrument or merely a set of fixed norms or principles generally accepted as the fundamental Law of the polity—that effectively controls the exercise of political power.
• The essence of constitutionalism is the control of power by its distribution among several state organs or offices in such a way that they are each subjected to reciprocal controls and forced to cooperate in formulating the will of the state.
• Constitutional government in essence is about constitutionalism which is about limited government. In many cases, constitutional government is used interchangeably with “constitutionally limited government” or limited government.

Q. Consider the following statements in respect of Bharat Ratna and Padma Awards.

(a) Bharat Ratna and Padma Awards are titles under the Article 18(1) of the Constitution of India.
(b) Padma Awards, which were instituted in the year 1954, were suspended only once.
(C) The number of Bharat Ratna Awards is restricted to a maximum of five in a particular year.

Which of the above statements are not correct?

(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3

Answer: (d) 1, 2 and 3

Notes:

• The Padma Awards are announced annually on Republic Day. It was instituted in 1954 and is one of the highest civilian honours of India.
• The awards are given in three categories:
  • Padma Vibhushan (for exceptional and distinguished service)
  • Padma Bhushan (distinguished service of higher order)
  • Padma Shri (distinguished service)
• Padma Vibhushan is highest in the hierarchy of Padma Awards followed by Padma Bhushan and Padma Shri.
• Article 18(1) prohibits the State to confer titles on anybody whether a citizen or a non-citizen.
• Military and academic distinctions are, however, exempted from the prohibition. Bharat Ratna and Padma Awards are not titles under the Article 18(1).
  • The Bharat Ratna and Padma Awards are, in fact, civilian awards given by the President of India to individuals for their exceptional service to the nation and do not fall under the purview of this article.
• The Padma Awards were suspended during the years 1978, 1979 and 1993 to 1997.

Bharat Ratna Award Limitations

• The recommendations for Bharat Ratna are made by the Prime Minister to the President of India.
• There is no official limit to the number of Bharat Ratna recipients in a given year. While the practice has been to award a very small number annually, typically not exceeding three, this is not a mandated restriction.

Gallantry Awards in India

• Post-Independence, the first three gallantry awards namely Param Vir Chakra, Maha Vir Chakra, and Vir Chakra were instituted by the government of India on 26th January 1950 and were deemed to have effect from 15^th August 1947.
• Thereafter, three other gallantry awards — the Ashoka Chakra Class-I, the Ashoka Chakra Class-II, and the Ashoka Chakra Class-III — were instituted in 1952 and were deemed to have effect from 15^th August 1947.
  • These awards were renamed Ashoka Chakra, Kirti Chakra, and Shaurya Chakra respectively in January 1967.
• Order of precedence of these awards is the Param Vir Chakra, the Ashoka Chakra, the Mahavir Chakra, the Kirti Chakra, the Vir Chakra, and the Shaurya Chakra.

Q. With reference to India, consider the following statements:

1. Judicial custody means an accused is in the custody of the concerned magistrate and such accused is locked up in police station, not in jail.
2. During judicial custody, the police officer in charge of the case is not allowed to interrogate the suspect without the approval of the court.

Which of the statements given above is/are correct?

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Answer: (b) 2 only

Custody:

• The word ‘custody’ means apprehending someone for protective care.
• The words “custody” and “arrest” are not synonymous. It is true that in every arrest there is custody but vice versa is not true.
• Arrest directly curtails personal liberty of an individual. It strikes at his freedom.

Police Custody

• When following to the receipt of an information/complaint/report by police about a crime, an officer of police arrests the suspect involved in the crime reported, to prevent him from committing the offensive acts further, such officer brings that suspect to police station, it’s called Police Custody.
• It is actually the custody of a suspect with the police in a jail at the police station, to detain the suspect. During this detention, the police officer in charge of the case, may interrogate the suspect and this detention is not supposed to be longer than 24 hours.
• The officer in charge of the case is required to produce the suspect before the appropriate judge within 24 hours, these 24 hours exclude the time of necessary journey from the police station to the court.

Judicial Custody

• Police Custody means that police has the physical custody of the accused while Judicial Custody means an accused is in the custody of the concerned Magistrate.
  • In former, the accused is lodged in police station lockup while in latter, it is the jail.
• When Police takes a person into custody, the CrPC kicks-in and they were produced him/her before a Magistrate within 24 hours of the arrest.

What happens after Judicial Custody?

• A person may be held in the custody of the police or in judicial custody.
• The first thing that happens to a suspect on arrest is that he is taken into police custody, following which he is taken before a magistrate and he may either be remanded to judicial custody or be sent back into police custody.

Difference between Police Custody and Judicial Custody:

• When a person accused of a cognizable offence is arrested and detained by the police and produced within 24 hours(excluding travelling time from the place of arrest), or he himself surrenders before the nearest Magistrate.
• Then the Magistrate can either release him on bail or he can either send him to judicial custody or to police custody.
• If the accused is juvenile, his age is to be ascertained and if he finds that he is juvenile, then he be directed to be produced before Juvenile Justice Board.
• A suspect under Police Custody or Judicial Custody is assumed to be a suspect.
  • A suspect becomes a criminal only after the court finds him/her guilty and convicts him/her for the crime reported of.
• These types of custodies are preventive measures.
• A police officer in charge of a suspect may treat the suspect arbitrarily.
• In case of arrests by police and pending the investigation, the lawyer of a suspect generally prays for Bail or Judicial Custody.
  • In Judicial Custody, suspect becomes responsibility of Court.
• During Judicial Custody, the police officer in charge of the case is not allowed to interrogate the suspect.
  • However, the court may allow the interrogations to be conducted if it opines the interrogation being necessary under the facts produced before the court.

Q. With reference to India, consider the following statements:

1. When a prisoner makes out a sufficient case, parole cannot be denied to such prisoner because it becomes a matter of his/her right.
2. State Governments have their own Prisoners Release on Parole Rules.

Which of the statements given above is/are correct?

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Answer: (b) 2 only

Notes:

• Parole is a system of releasing a prisoner with suspension of the sentence. Parole cannot be claimed as a matter of right. Parole may be denied to a prisoner even when he makes out sufficient cause for release on parole.  
• Parole is to be granted only on a sufficient cause such as cases of severe illness or death of any member of the prisoner’s family. The granting authority for parole is the deputy home secretary of the state government. 
• On the other hand, Furlough is seen as a matter of right for a prisoner, to be granted periodically irrespective of any reason. It is granted merely to enable the prisoner to retain family and social ties, and to counter the ill-effects of prolonged time spent in prison. 
• Both parole and furlough are considered as reformative processes. These provisions were introduced with a view to humanizing the prison system. Parole and furlough are covered under the Prisons Act of 1894.
• Both Parole and Furlough can be denied if the competent authority is of the opinion that releasing the inmate would not be in the interest of society. 
• State governments have their own Prisoner Release on Parole Rules. ‘Prisons’ is a State subject under the State List of the Seventh Schedule of the Constitution. 
• The management and administration of prisons fall exclusively in the domain of state governments and are governed by the Prisons Act, 1894, and the Prison Manuals of the respective state governments. 
• The Prisons Act further says that only states can make rules regarding the release of prisoners on furlough, parole and remission, as part of the correctional process in jail reforms. 

Q. At the national level, which ministry is the nodal agency to ensure effective implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006?

(a) Ministry of Environment, Forest and Climatic change.
(b) Ministry of Panchayat Raj
(c) Ministry of Rural Development
(d) Ministry of Tribal Affairs

Answer: (d) Ministry of Tribal Affairs

Notes:

• The Union Ministry of Tribal Affairs (MoTA) is the nodal agency for the implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition Of Forest Rights) Act, 2006.
• The ministry deals with forest and livelihood objectives at the national level. 

Forest Rights Act, 2006

• It deals with the rights of the communities that dwell in the forests (including Scheduled Tribes), over land and other resources, which have been denied to them over the years because of the continuation of forest laws from the colonial era in the country.
• The Act recognizes and vests the forest rights and occupation in Forest land in Forest Dwelling Scheduled Tribes (FDST) and Other Traditional Forest Dwellers (OTFD) who have been residing in such forests for generations.
• Forest rights can also be claimed by any member or community who has for at least three generations (75 years) prior to the 13th day of December, 2005 primarily resided in forest land for bona fide livelihood needs.
• It strengthens the conservation regime of the forests while ensuring livelihood and food security of the FDST and OTFD.
• The Gram Sabha is the authority to initiate the process for determining the nature and extent of Individual Forest Rights (IFR) or Community Forest Rights (CFR) or both that may be given to FDST and OTFD.
• The Act identifies four types of rights:
  • Title rights: It gives FDST and OTFD the right to ownership to land farmed by tribals or forest dwellers subject to a maximum of 4 hectares. Ownership is only for land that is actually being cultivated by the concerned family and no new lands will be granted.
  • Use rights: The rights of the dwellers extend to extracting Minor Forest Produce, grazing areas etc.
  • Relief and development rights: To rehabilitate in case of illegal eviction or forced displacement and to basic amenities, subject to restrictions for forest protection.
  • Forest management rights: It includes the right to protect, regenerate or conserve or manage any community forest resource which they have been traditionally protecting and conserving for sustainable use.

Q. A legislation which confers on the executive or administrative authority an unguided and uncontrolled discretionary power in the matter of the application of law violates which one of the following Articles of the Constitution of India?

(a) Article 14
(b) Article 28
(c) Article 32
(d) Article 44

Answer: (a) Article 14

Notes:

• Article 14 of Indian Constitution says that the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. The concept of ‘equality before law’ is an element of the concept of ‘Rule of Law’. This concept has the following three elements or aspects: 
  • Absence of arbitrary power 
  • Equality before the law, that is, equal subjection of all citizens to the ordinary law of the land 
  • The constitution is the result of the rights of the individual 
• The first and the second elements are applicable to India. This means ‘equality before law’ under Article 14 connotes the absence of arbitrary power with the authorities. Thus, when a legislation confers uncontrolled discretionary powers on any authority, it tends to violate the article 14 of the constitution. 
• Article 28 is related to the right to freedom of religion. It provides that no religious instruction shall be provided in any educational institution wholly maintained out of State funds. Further, no person attending any educational institution recognised by the State or receiving aid out of State funds shall be required to attend any religious instruction or worship in that institution without his consent. 
• Article 32 confers the right to remedies for the enforcement of the fundamental rights of an aggrieved citizen. Article 32 affirms the right to move the Supreme Court if a fundamental right is violated. Under this article, the Supreme Court can issue writs for the enforcement of any of the fundamental rights of the citizens. 
• Article 44 provides for one of the Directive Principles of State Policy. Article 44 says that the “State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India”. 

Q. Which one of the following in Indian polity is an essential feature that indicates that it is federal in character?

(a) The independence of the judiciary is safeguarded
(b) The Union Legislature has elected representatives from constituent units
(c) the Union cabinet can have elected representatives from regional parties
(d) The Fundamental rights are enforceable by Courts of Law

Answer: (a) The independence of the judiciary is safeguarded

Notes:

• The establishment of an independent judiciary necessarily indicates the federal character of Indian polity. The Constitution establishes an independent judiciary headed by the Supreme Court to settle the disputes between the Centre and the states or between the states. 
• Following are the federal features of Indian Constitution: 
  • Dual polity consisting of the Union at the Centre and the states at the periphery. 
  • Written Constitution 
  • Division of powers between the Centre and the states (by Schedule seven) 
  • Supremacy of the Constitution 
  • Rigidity of the constitution 
  • Bicameral legislature consisting of Rajya Sabha and Lok Sabha 
  • Independency of judiciary 

Q. Which one of the following best defines the term “State”?

(a) A community of persons permanently occupying a definite territory independent of external control and possessing an organized government.
(b) A politically organized people of a definite territory and possessing an authority to govern them, maintain law and order, protect their natural rights and safeguard their means of sustenance.
(c) A number of persons who have been living in a definite territory for a very long time with their own culture, tradition and government.
(d) A society permanently living in a definite with a central authority, an executive responsible to the central authority and an independent judiciary.

Answer: (a) A community of persons permanently occupying a definite territory independent of external control and possessing an organized government.

Notes:

• The modern term “state” is derived from the word “status”. The state is the most universal and most powerful of all social institutions. The state is a natural institution.
• According to Max Weber, a State is a human community that claims the monopoly of the legitimate use of physical force within a given territory. It alone has the prerogative of making laws. The lawmaking power derives from sovereignty, which is the most distinctive characteristic of the State. The state possesses a government that has the authority to enforce a system of rules over the people living inside it. That system of rules is commonly composed of a constitution, statutes, regulations, and common law.
• The State may be said to consist of four elements namely;
  • Population,
  • Territory,
  • Government,
  • Sovereignty

Read more: State and its Elements

Q. With reference to Indian Judiciary, consider the following statements.

1. Any retired judge of the Supreme Court of India can be called back to sit by the Chief Justice of India with prior permission of the President of India.
2. A High court in India has the power to review its own judgement as the Supreme Court does.

Which of the statements given above is/are correct?

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Answer: (c) Both 1 and 2

Notes:

• Under Article 128 of the Constitution, the Chief Justice of India may, at any time, request any person who has held the office of a Judge of the Supreme Court to sit and act as a Judge of the Supreme Court for a temporary period.
  • He can do so only with the previous consent of the President and also of the person to be so appointed.
  • Such a judge is entitled to such allowances as the president may determine. He will also enjoy all the jurisdiction, powers, and privileges of a judge of the Supreme Court.
• The Supreme Court of India has power to review its own judgement or order. Thus, it is not bound by its previous decision and can depart from it in the interest of justice or community welfare.
• Under Article 226 Of the Constitution, the High Court can also review its own judgment being a Court of Record.
  • The Kerala High Court has iterated the legal proposition that High Courts as Courts of Record could review their own orders. A Division Bench of Chief Justice S Manikumar and Shaji P Chaly were confronted with an appeal against a review petition

Q. With reference to India, consider the following statements:

1. There is only one citizenship and one domicile.
2. A citizen by birth only can become the Head of State.
3. A foreigner once granted citizenship cannot be deprived of it under any circumstances.

Which of the statements given above is/are correct?

(a) 1 only
(b) 2 only
(c) 1 and 3
(d) 2 and 3

Answer:

Notes:

• The Citizenship Act offers other categories of citizenship like Citizenship by Registration (Section 5) and Citizenship by Naturalisation (Section 6).
• These are basically for foreigners who wish to settle in India and seek Indian citizenship or persons of Indian origin living abroad who want to return to India and live as citizens in this country.
• Citizenship is listed in the Union List under the Constitution and thus is under the exclusive jurisdiction of Parliament.
• The Constitution does not define the term ‘citizen’ but details of various categories of persons who are entitled to citizenship are given in Part 2 (Articles 5 to 11).
• Unlike other provisions of the Constitution, which came into being on January 26, 1950, these articles were enforced on November 26, 1949, itself, when the Constitution was adopted.
• A person is said to have a domicile in a country in which he/she is considered to have his/her permanent home. There is only one domicile allowed in India. Domicile Certificate can be made only in one State/UT.
  • In 2010, the Uttarakhand High Court declared that there is no separate domicile for each State and there is only one domicile for the entire country. 
• The Indian Constitution provides for only a single citizenship, that is, the Indian citizenship. The citizens in India owe allegiance only to the Union. There is no separate state citizenship. Also, when an Indian citizen voluntarily acquires the citizenship of another country, his Indian citizenship automatically terminates. 
  • The Constitution of India does not allow holding Indian citizenship and citizenship of a foreign country simultaneously.
• In India, both a citizen by birth as well as a naturalized citizen is eligible for the office of President while in the USA, only a citizen by birth and not a naturalized citizen is eligible for the office of President.
• The Citizenship Act, 1955, prescribes three ways of losing citizenship whether acquired under the Act or before it under the Constitution, viz, renunciation, termination, and deprivation.
• A foreigner, who has been earlier granted Indian citizenship, can be deprived of his citizenship. His Indian citizenship can be terminated by the Central government, if: 
  • he has obtained the citizenship by fraud: 
  • he has shown disloyalty to the Constitution of India: 
  • he has unlawfully traded or communicated with the enemy during a war; 
  • he has, within five years after registration or naturalisation, been imprisoned in any country for two years; and 
  • he has been ordinarily resident out of India for seven years continuously. 

Q. Which of the following factors constitutes the best safeguard of liberty in a liberal democracy?

(a) A committed judiciary
(b) Centralization of powers
(c) Elected government
(d) Separation of powers

Answer: (d) Separation of powers

Notes:

• The best safeguard of liberty in a liberal democracy is the separation of powers. This principle divides the government into different branches, each with its own powers and responsibilities.
• The purpose of this separation is to prevent any one branch from gaining too much power and to create a system of checks and balances where each branch can limit the powers of the others.
  • This helps to protect individual liberties by ensuring that power is not concentrated in the hands of a few and that government remains responsive to the will of the people.
• Constitutional Provisions Ensuring Separation Of Power
  • Article 50:
    • The state shall take steps to separate the judiciary from the executive.
  • Article 121 and 211:
    • Judicial conduct of a judge of the Supreme Court and the High Courts’ cannot be discussed in the Parliament and the State Legislature.
  • Article 122 and 212:
    • Validity of proceedings in Parliament and the Legislatures cannot be called into question in any Court.
  • Article 361:
    • The President or the Governor shall not be answerable to any court for the exercise and performance of the powers and duties of his office.

Q. We adopted parliamentary democracy based on the British model, but how does our model differ from that model?

1. As regards legislation, the British Parliament is supreme or sovereign but in India, the power of the parliament to legislate is limited.
2. In India, matters related to the constitutionality of the Amendment of an Act of the Parliament are referred to the Constitution Bench by the Supreme Court.

Select the correct answer using the code given below.

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Answer: (c) Both 1 and 2

Notes:

• Parliamentary sovereignty is a principle of the UK constitution. It makes Parliament the supreme legal authority in the UK, which can create or end any law. Generally, the courts cannot overrule its legislation and no Parliament can pass laws that future Parliaments cannot change.  
• Indian Parliament is not a sovereign body like the British Parliament. The Indian Parliament may, in exercise of its constituent power, amend by way of addition, variation or repeal any provision of the Constitution in accordance with the procedure laid down for the purpose.
  • However, the Parliament cannot amend those provisions which form the ‘basic structure’ of the Constitution. This was ruled by the Supreme Court in the Kesavananda Bharati case (1973). 
• In India, matters related to the constitutionality of an amendment of an act of the Parliament are referred to the Constitution Bench by the Supreme Court. 
  • A Constitution Bench is a bench of the Supreme Court having five or more judges on it. These benches are not a routine phenomenon. A vast majority of cases before the Supreme Court are heard and decided by a bench of two judges (called a Division Bench), and sometimes of three.
  • Constitution Benches are set up when the case involves a substantial question of law pertaining to the interpretation of the Constitution (Article 145(3) of the Constitution, which mandates that such matters be heard by a bench of not less than five judges). 
  • Presently, Constitution Benches are set up on an ad hoc basis as and when the need arises. The idea behind a Constitution Bench is clear: it is constituted in rare cases to decide important questions of fact or legal and/or constitutional interpretation. 

Aspect	British Approach	Indian Approach
Constitutional Framework	The UK possesses an uncodified or unwritten constitution. It is shaped by various sources, such as conventions, statutes, historical documents, and judicial precedents. For instance, the Magna Carta of 1215 laid foundational principles still relevant today.	India, in contrast, boasts a written constitution embodied in a comprehensive single document. Articles like Article 21 (Right to Life and Personal Liberty) and Article 19 (Freedom of Speech and Expression) explicitly define fundamental rights and principles.
Amendment Process	In the UK, its constitution enjoys flexibility, permitting amendments through a simple majority in Parliament. Notably, there is no clear distinction between ordinary and constitutional laws.	India’s constitutional framework leans towards rigidity, necessitating special majority support in Parliament (Article 368). It also has feature of flexibility( Simple Majority)
Separation of Powers	The UK does not adhere to a formal separation of powers doctrine; Parliament maintains supremacy.	In India, a well-defined separation of powers prevails within the constitution. Articles like Article 50 (Separation of the judiciary from the executive) establish the separation, while Article 13 empowers the judiciary to review laws that violate fundamental rights.
Federal vs. Unitary State	The UK functions as a unitary state, with sovereignty centralized at Westminster. Devolved governments exist in Scotland, Wales, and Northern Ireland, deriving powers from Parliament.	India operates as a federal state, where authority is distributed between the central government and state governments, as expressly outlined in Articles like Article 245 (Distribution of legislative powers) and Article 246 (Subject-matter of laws made by Parliament and Legislatures of States).
Judicial Review	Traditionally, British courts have wielded limited authority in reviewing and invalidating legislation on constitutional grounds due to parliamentary supremacy.	India’s judiciary holds the power of judicial review, permitting the examination and, when necessary, the annulment of laws enacted by Parliament or state legislatures in cases of constitutional violations. This principle was firmly established in the Kesavananda Bharati case (1973) and is enshrined in Article 13 (Laws inconsistent with or in derogation of the fundamental rights).
Basic Structure Doctrine	The UK lacks an equivalent concept to the Basic Structure Doctrine. Consequently, there is no legal doctrine empowering courts to scrutinize and annul constitutional amendments.	In contrast, India has embraced the Basic Structure Doctrine, empowering its judiciary to assess and strike down constitutional amendments that compromise the fundamental structure or essence of the Constitution.

Q. With reference to the Union Government, consider the following statements:

1. N. Gopalaswamy Iyenger Committee suggested that a minister and a secretary be designated solely for pursuing the subject of administrative reform and promoting it.
2. In 1970, the Department of personnel was constituted on the recommendation of the Administrative Reforms Commission, 1966, and this was placed under the Prime Minister’s charge.

Which of the statements given above is/are correct?

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Answer: (b) 2 only

Notes:

• In 1949, the Gopalaswami Ayyangar Committee while recommending a restructuring of the Central Secretariat, suggested that a Department should be identified with a Secretary’s charge and a Ministry should be identified with a Minister’s charge.​
  • ​A department of the Government of India may be defined as an
    an organizational unit consisting of a secretary to the Government of India, together with a part of the central secretariat under his administrative control, to which responsibility for the performance of specified functions of the Government of India has been assigned under Rules of Business framed for this purpose.
  • A ministry of the Government of India may be defined as ordinarily
    consisting of a department of the Government of India and the minister-in-charge of such department.
  • A formal distinction of this kind was new and the committee found it necessary that a department and a ministry should be respectively identified ordinarily with secretary’s charge and a minister’s
    charge.
  • The nature of the work to be performed by a minister should not be identical to that of a secretary and, therefore, what may constitute a manageable charge for a minister is not always necessarily a manageable charge for a secretary.
• In 1954, on the recommendation of Paul H. Appleby report, an Organisation and Methods (O&M) Division was set up in the Cabinet Secretariat. In 1964, the O&M Division was transferred to the Ministry of Home Affairs, under the newly created Department of Administrative Reforms.
• In 1970, on the basis of the recommendations of the Administrative Reforms Commission, the Department of Personnel was set up in the Cabinet Secretariat. Since the Cabinet secretariat falls under the Prime Minister, it is safe to say the DoPT was placed under PM’s Charge.

Q. ‘Right to Privacy’ is protected under which Article of the constitution of India?

(a) Article 15
(b) Article 19
(c) Article 21
(d) Article 29

Answer: (c) Article 21

Notes:

• Article 21:
  • ​Right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution.
  • In Puttaswamy v. Union of India case, 2017, the Right to Privacy was declared a fundamental right by the Supreme Court.
  • Generally understood that privacy is synonymous with the right to be let alone.
  • The right may be restricted only by state action that passes each of the three tests:
    • First, such state action must have a legislative mandate;
    • Second, it must be pursuing a legitimate state purpose; and
    • Third, it must be proportionate i.e., such state action- both in its nature and extent, must be necessary in a democratic society and the action ought to be the least intrusive of the available alternatives to accomplish the ends.

Government Steps to Protect Privacy

• B N Srikrishna Committee:
  • Government appointed a committee of experts on data protection under the chairmanship of Justice B N Srikrishna that submitted its report in July 2018.
• Information Technology Act, 2000:
  • The IT Act provides for safeguard against certain breaches in relation to data from computer systems. It contains provisions to prevent the unauthorized use of computers, computer systems and data stored therein.

Q. Consider the following statements:

1. In India, there is no law restricting the candidates from contesting in one Lok Sabha election from three constituencies.
2. In 1991 Lok Sabha Election, Shri Devi Lal contested from three Lok Sabha constituencies.
3. As per the existing rules, if a candidate contests in one Lok Sabha election from many constituencies, his/her party should bear the cost of bye-elections to the constituencies vacated by him/her in the event of him/her winning in all the constituencies.

Which of the statements given above is/are correct?

(a) 1 only
(b) 2 only
(c) 1 and 3
(d) 2 and 3

Answer: (b) 2 only

Notes:

• In 1996, the Representation of the People Act, 1951, was amended which restricted the number of seats one candidate could contest in one election to two constituencies. And whenever they have won more than one, the candidates have retained only one, forcing bypolls in the rest. 
• In 1991 Lok Sabha Election, Shri Devi Lal contested from three Lok Sabha constituencies. (Although such information need not be remembered by students, it can be validated by eliminating other statements). 
• There is no such provision that if a candidate contests in one Lok Sabha elections from many constituencies, then his/her party should bear the cost of bye-elections to the constituencies vacated by him/her in the event of him/her winning in all the constituencies. In every case, the Election Commission of India (ECI) bears the cost of elections/bye-elections in all the constituencies in Lok Sabha and assembly elections as well.