Constitutional Law INDIA

Ans: Right against Exploitation comprises of  23 Prohibition of traffic in human beings and forced labour. 24 Prohibition of employment of children in factories, etc.

Ans: Right to Freedom comprises of Articles 19 to 22.  19 Protection of certain rights regarding freedom of speech, etc. 20 Protection in respect of conviction for offences. 21 Protection of life and personal liberty. 21A Right to education 22 Protection against arrest and detention in certain cases.

Ans:  Right to Equality is mentioned from Article 14 to Article 18 of Indian Constitution.   14 Equality before law. 15 Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth. 16 Equality of opportunity in matters of public employment. 17 Abolition of Untouchability. 18 Abolition of titles.

Ans: Yes, a child of 16 years of age can work in a factory. Article 24 – Prohibition of employment of children in factories , etc. Article 24 says that “No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment.”

Ans: Article 23 of Indian Constitution mentions about prohibition of traffic in human beings and forced labour.

Ans: The democratic system in India is based on the principle of universal adult suffrage; that is to say, any citizen over the age of 18 can vote in an election to Lok Sabha or Vidhan Sabha (before 1989 the age limit was 21). The right to vote is irrespective of caste, creed, religion or gender.

Ans: Yes, a person of one state can get settled in another state under Article 19(1)(e) of Indian Constitution. 

Ans: Yes, a person can move freely throughout the territory of India under Article 19(1)(d) of Indian Constitution.  

Ans: Article 19 of the Constitution provides freedom of speech which is the right to express one's opinion freely without any fear through oral/written/electronic/broadcasting/ press. Freedom of expression includes Freedom of Press.

Ans: Article 20 of the Constitution provides for the protection in respect of conviction for offences. No one can be convicted for an act that was not an offence at the time of its commission, and no one can be given punishment greater than what was provided in the law prevalent at the time of its commission.

Ans:  Article 29 of Indian Constitution which is also a fundamental right mentions about the protection of interests of minorities. (1) Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same . (2) No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them.

Ans: Kehar Singh was an Assistant in the Directorate General of Supply and Disposal, situated in New Delhi. He was accused of conspiracy in the killing of the then Prime Minister, Smt Indira Gandhi on the 31st of October, 1984. Two years later on   22 January 1986,   Kehar Singh was convicted of an offence under Section 120-B read along with Section 302 of the Indian Penal Code. He was sentenced to death by the Additional Sessions Judge in New Delhi. He appealed to challenge the death sentence which was declined by the Delhi High Court. Further, a subsequent appeal was made to the Supreme Court by way of a Special Leave Petition, however, the same was also dismissed. Additionally, a review petition and writ petition were also dismissed. A few days later the son of Kehar Singh, named Rajinder Singh, presented a petition to the President of India for the grant of pardon to Kehar Singh under Article 72 of the Constitution of India based on the grounds that he was innocent and the...

Ans: Article 12 Provides "The 'State' Includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local and other authorities within the territory of India or under the control of the Government of India."

Ans: Article 10 of Indian constitution 

Ans: Article 100(3) of Indian Constitution mentions until parliament by law otherwise provides, the quorum to constitute a meeting of either House of Parliament shall be one tenth of the total number of members of the House. Keywords used:  Quorum is the minimum number of members of an assembly or society that must be present at any of its meetings to make the proceedings of that meeting valid.

Ans:  Article 100 of Indian Constitution  mentions about voting in Houses, power of Houses to act notwithstanding vacancies and quorum.

Ans:  As per the President’s Act 1969; if the Vice-President office is vacant too, Chief Justice of India (CJI) (or in his absence); Supreme Court’s senior-most judge, discharge the functions of the President (till new President is elected.)

Ans: Article 25 of Indian constitution mentions about Freedom of conscience and free profession, practice and propagate religion.

Ans: Sakal newspapers v Union of India case:  In this case, the freedom of press is also included along with the freedom of speech and expression. 

Ans: Under 92nd Amendment of Indian constitution,  the maithili santhali, dogri and bodo language was added.

Ans: Article 63: Vice President of India 

Ans: Constitution and composition of municipalities are mentioned under 243 Q and 243 R of Indian constitution

Ans: Article 61 of Indian Constitution.  The impeachment charges can be initiated by either House of Parliament . These charges should be signed by one-fourth of members of the House (that framed the charges), and a 14 days' notice should be given to the President. No President has so far been impeached.

Ans: Article 217 of Indian Constitution mentions Appointment and conditions of the office of a Judge of a High Court.  (1) Every Judge of a High Court shall be appointed by the President by warrant under his hand and seal after consultation with the Chief Justice of India, the Governor of the State, and, in the case of appointment of a Judge other than the chief Justice, the chief Justice of the High court, and shall hold office, in the case of an additional or acting Judge, as provided in Article 224, and in any other case, until he attains the age of sixty two years Provided that (a) a Judge may, by writing under his hand addressed to the President, resign his office; (b) a Judge may be removed from his office by the President in the manner provided in clause ( 4 ) of Article 124 for the removal of a Judge of the Supreme Court; (c) the office of a Judge shall be vacated by his being appointed by the President to be a Judge of the Supreme Court or by his being transferred by the P...

Ans: The Prime Minister is the head of Lok Sabha. 

Ans: Legislature of the Union, which is also called Parliament, consists of the President and two Houses, known as Council of States (Rajya Sabha) and House of the People (Lok Sabha). Each House has to meet within six months of its previous sitting.

Ans: The minimum age to be the member of loksabha is 25 years and the minimum age to be the member of Rajya Sabha is 30 years. 

Ans: The Prime Minister of India is the deciding authority on how the Council of Ministers will be structured. Based on factors such as experience and seniority the Council of Ministers is divided into the following: The Cabinet Minister of State  Deputy Minister Parliamentary Secretaries Cabinet is a part of council of ministers. 

Ans: The prime Minister is the Chairman of planning commission. 

Ans: The new chief Justice of India is appointed after the consultation of retiring Chief Justice of India.  

Ans: Article 132 of Indian Constitution mentions Appellate jurisdiction of Supreme Court in appeals from High Courts in certain cases. Article 133 of Indian Constitution mentions Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to Civil matters. Article 134 of Indian Constitution mentions Appellate jurisdiction of Supreme Court in regard to criminal matters.

Ans: Article 131 of the Indian Constitution provides that the Supreme Court has original jurisdiction in any dispute in following matters:  I. Between the Government of India and one or more States; or II. Between the Government of India and any State; or States on one side and one or more other States on the other; or III. Between two or more States

Ans: According to Article 130 of Indian Constitution,  the Chief Justice of India can open the branches of Supreme Court in other cities of India with prior approval of President of India.

Ans: Court of record and contempt of court of Supreme Court are mentioned under Article 129 of Constitution of India.  

Ans: According to Article 127 and Article 128 of Indian Constitution,  the High Court Judge or any retired Judge of Supreme Court can be appointed as Ad- hoc judge of Supreme Court for a temporary period of time if there is lack of Quorum of Permanent Judges.

Ans: According to Article 126 of Indian constitution,  the President of india will appoint the chief Justice of India.

Ans:  Article 215 of Indian Constitution mentions   t he h igh Courts to be courts of record. Every High Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself. The same power is given to Supreme Court in Article 129 of Indian Constitution . 215= 129.  129= 229= 119-4= 115

Ans: Article 214 of Indian Constitution mentions about the establishment of High Court in each state. 

Ans: High Court is mentioned under Articles 214 to 231 of Indian Constitution as well as Article is also mentioned under Article 366(14) of Indian Constitution.   1431: drmd I.e dr. Managing director.  3-6-6(14). 

Ans: Pardoning powers of Governor are mentioned under Article 161 of Indian Constitution.   The Governors have the same powers for the state that are contained by President i.e., Pardoning, Commutation, Remission, Respite and Reprive. 

Ans: Reprieve: It implies a stay of the execution of a sentence (especially that of death) for a temporary period. Its purpose is to enable the convict to have time to seek pardon or commutation from the President.  Reprieve is a stay of execution of sentence of a temporary period. 

Ans: Respite: It denotes awarding a lesser sentence in place of one originally awarded due to some special fact, such as the physical disability of a convict or the pregnancy of a woman offender. Respite means awarding a lesser sentence due to some special fact like pregnancy,  physical disability,  etc . Respite is nit reducing the punishment but it is giving lesser punishment due to some special conditions. 

Ans: Remission: It implies reducing the period of sentence without changing its character. For example, a sentence of rigorous imprisonment for two years may be remitted to rigorous imprisonment for one year. Remission is reducing the punishment without changing its character whereas Commutation is substitution of one form of punishment to another. 

Ans: Section 372 of IPC is one of the provisions of the Indian Penal Code which deals with the instances of trafficking of minor girls below the age of eighteen years for the purpose of prostitution, or illicit intercourse, or other unlawful and immoral purposes. It is considered as one of the heinous crimes against a human body.

Ans: There is an act called Immoral Traffic (Prevention) Act , 1956 also known as  Suppression of Immoral Traffic,  1956.  Under Immoral Traffic (Suppression) Act, 1956, the prostitution is legal. According to this act, the prostitutes can practise their trades privately but cannot legally solicit customers in public.  It mentions sexual exploitation or abuse of persons for commercial purposes. It is also not an offense under the IPC. Even though it is said that sex work is legal but running a brothel is not legal.

Ans: There are two types of tribunals i.e., Administrative Tribunal and Tribunal for other matters. Administrative Tribunal is mentioned under Article 323 A  of Indian Constitution and Tribunals for other matters are mentioned under 323 B of Indian Constitution.  

Ans: Part 14 and chapter 2 of Indian Constitution  Article 315 to 323 of Indian Constitution 

Ans: part 15 and Articles 324 to 329 of Indian Constitution. 

Ans: Article 165 of Chapter 2 (The Executive) in Part VI (The States) of the Constitution of India provides for the office of the Advocate General for the States who is the highest law officer in the State. So the office of Advocate General plays an important role in the day-to-day functions of the State Governments in the Federal System of India. Also, the Constitution does not fix the remuneration of the Advocate General and he/she receives such remuneration as the Governor may determine. It is not a full-time post and he/she can engage in private legal practice. The Advocate General can also be reappointed or is eligible for any other government appointment after ceasing to hold office.

Ans: Directive Principles of Indian Constitution are included from Irish Constitution .  The election of president is also included from Irish Constitution. 

Ans: 12th Schedule of the Indian Constitution deals with the provisions that specify the powers, authority and responsibilities of Municipalities. This schedule was added by the 74th Amendment Act of 1992. It has 18 matters.

Ans: 11th Schedule contains the provisions that specify the powers, authority and responsibilities of Panchayats. This schedule was added by the 73rd Amendment Act of 1992. It has 29 matters.

Ans: The Tenth Schedule of the Indian Constitution deals with the 'Anti-Defection Law,' and contains provisions relating to disqualification on the grounds of defection. It was added by the 1985 Constitutional Amendment.

Ans: According to schedule ninth of Indian Constitution,  the  objectives and principles upon which the Ninth Schedule was initially introduced was primarily on land reforms and agrarian reforms and land acquisition to simply abolish Zamindari system , and bring about a homogenous socialist reform.

Ans: The Eighth Schedule to the Constitution of India lists the official languages of the Republic of India. Part XVII of the Indian Constitution deals with the official languages in Articles 343 to 351. The Constitutional provisions relating to the Eighth Schedule occur in articles 344(1) and 351 of the Constitution.

Ans: The Seventh Schedule to the Constitution of India specifies the allocation of powers and functions between the Union and the State legislatures. It embodies three lists; namely, the Union List, the State List, and the Concurrent List.

Ans: The sixth schedule falls under article 244 of the Indian constitution, which facilitates the establishment of autonomous district councils in four states Assam, Meghalaya, Mizoram, and Tripura

Ans: The Fifth Schedule of the Constitution deals with the administration and control of Scheduled Areas as well as of Scheduled Tribes residing in any State other than the States of Assam, Meghalaya, Tripura and Mizoram.

Ans: The fourth Schedule of the Indian Constitution contains the provisions in relation to the allocation of seats for States and Union Territories in the Rajya Sabha.

Ans: The third Schedule contains the “Forms of Oaths or Affirmations” of various constitutional posts. It deals with Articles 75(4), 99, 124(6), 148(2), 164(3), 188 and 219 of Indian Constitution.