Constitutional Law INDIA

Ans:  19. Protection of certain rights regarding freedom of speech etc (1) All citizens shall have the right (a) to freedom of speech and expression; (b) to assemble peaceably and without arms; (c) to form associations or unions; (d) to move freely throughout the territory of India; (e) to reside and settle in any part of the territory of India; and (f) omitted (g) to practise any profession, or to carry on any occupation, trade or business (2) Nothing in sub clause (a) of clause ( 1 ) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub clause in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence.

Ans:  Article 14 of Indian Constitution: Ensures equality before the law. Prohibits discrimination based on religion, race, caste, sex, or place of birth. Article 15 of Indian Constitution: Prohibits discrimination by the state based on religion, race, caste, sex, or place of birth. Allows special provisions for socially and educationally backward classes. Article 16 of Indian Constitution Guarantees equality of opportunity in public employment. Prohibits discrimination based on religion, race, caste, sex, descent, place of birth, or residence. Article 17 of Indian Constitution: Abolishes the practice of untouchability. Imposes penalties for its enforcement. Article 18 of Indian Constitution: Prohibits the conferment of titles by the State. This includes titles of nobility. Citizens are barred from accepting titles from foreign states.

Ans: Article 393 in The Constitution Of India 1949 393. Short title: This Constitution may be called the Constitution of India. 

Ans: Deportation is the action of forcing someone to leave a country, especially someone who has no legal right to be there or who has broken the law.

 Ans: Externment means the prohibition of the convicted persons from residing in any specified area or locality for a specified period.

Ans: Internment means putting a person in prison or other kind of detention, generally in wartime. During World War II, the American government put Japanese-Americans in internment camps, fearing they might be loyal to Japan.

Ans: During its meetings, the GST Council takes decisions through a consensus-based approach and every decision of the GST Council shall be taken by a majority of not less than three-fourths of the weighted votes of the members present and voting with a weightage of one-third of the total votes cast to the Centre and a weightage of two-thirds of the total votes cast to the States, promoting the spirit of the co-operative federalism.

Ans: In a consensus process, the stakeholders work together to find a mutually acceptable solution.  Consensus is the middle ground between agreeing and disagreeing.

Ans: GST in Indian Constitution:  As per Article 279A (1) of the amended Constitution, the GST Council has to be constituted by the President within 60 days of the commencement of Article 279A. The notification for bringing into force Article 279A with effect from 12th September, 2016 was issued on 10th September, 2016. As per Article 279A of the amended Constitution, the GST Council which will be a joint forum of the Centre and the States, shall consist of the following members: - Union Finance Minister - Chairperson   b) The Union Minister of State, in-charge of Revenue of finance - Member   c) The Minister In-charge of finance or taxation or any other Minister nominated by each State Government - Members

Ans: According to Article 356, President's Rule can be imposed on any state of India on the grounds of the failure of the constitutional machinery in state.  Bhimrao Ambedkar, chairman of the Drafting Committee of the Constitution of India, referred to Article 356 as a dead letter of the Constitution.

Ans: Article 354 in The Constitution Of India:  Application of provisions relating to distribution of revenues while a Proclamation of Emergency is in operation (l) The President may, while a Proclamation of Emergency is in operation, by order direct that all or any of the provisions of Articles 268 to 279 shall for such period, not extending in any case beyond the expiration of the financial year in which such Proclamation ceases to operate, as may be specific in the order, have effect subject to such exceptions or modifications as he thinks fit (2) Every order made under clause (l) shall, as soon as may be after it is made, be laid before each House of Parliament.

Ans: The relationship between union and states is mentioned in part 11 of Indian Constitution. There are two types of relationships i.e., legislative relations and administrative relations under part 11 of Indian Constitution.  

Ans: Scheduled and tribal areas are mentioned in part 10 of Indian Constitution.  

Ans: Municipalities are mentioned in Part 9A of Indian constitution whereas cooperative societies are mentioned in part 9B of Indian Constitution.  

Ans: Panchayat is mentioned in part 9 of Indian Constitution.  There are 16 articles in part 9 of Indian Constitution.  

Ans: Union territories are mentioned in part 8 of Indian Constitution. Articles in part 8 of Indian Constitution are as follows:  There are 8 articles in part 8 of Indian Constitution.   239 Administration of Union territories. 239A Creation of local Legislatures or Council of Ministers or both for certain Union territories. 239AA Special provisions with respect to Delhi. 239AB Provision in case of failure of constitutional machinery. 239B Power of the administrator to promulgate Ordinances during recess of the Legislature. 240 Power of the President to make regulations for certain Union territories. 241 High Courts for Union territories. 242 [Repealed.]

Ans: States in part B of first schedule are mentioned in part 7 of Indian Constitution.  

Ans: States are mentioned in part 6 of Indian Constitution.  Part 6 of Indian of Indian Constitution comprises of 6 chapters:  1. General 2. Executive  3. State Legislature  4. Legislative powers of Governor.  5. The High Court in the states  6. Subordinate Courts. 

Ans: Part 5 of Indian Constitution mentions about union.  It comprises of 5 chapters i.e., Union, Executive,  Parliament,  Legislative Powers of President,  Union Judiciary,  Comptroller and Auditor General of India.  

Ans: There are 11 fundamental duties in Indian Constitution.   Fundamental Duties are mentioned in part 4A and Article 51A of Indian Constitution.