AHSEC CLASS 11 POLITICAL SCIENCE NOTES
Prepared By Naveen Mahato
PART A: Indian Constitution At Work
CHAPTER-1
CONSTITUTION: WHY & HOW
1. What is Constitution? Explain the functions of a Constitution.
Constitution is the basic laws of a
state. It consists of the basic principles and laws of a state that determines
the powers and functions of the government. Followings are the major functions
of the Constitution:
a)
It provides a set of basic laws that coordinate
the people of a given society.
b) It specifies which
institution has the power to make laws and take decisions.
c)
It limits the powers of the government and
protects citizen’s rights.
d)
It enables the government to fulfill the
aspiration and goal of society.
e) It expresses the fundamental identity of a people.
2. Describe
about the Constituent Assembly of India.
The Constitution of India was drafted
by the Constituent Assembly. Its first session was held on 9 December 1946 at
Delhi. Dr. Rajendra Prasad was the President of the Constituent Assembly.
Jawaharlal Nehru introduced ‘Objective Resolution’ in the Constituent Assembly
which defined the aims of the Constituent Assembly. The total membership of the
Constituent Assembly after the partition was 299. It had eight major committees
on different subjects. Each Committee drafted particular provisions of the Constitution.
These were presented in the Constituent Assembly for discussion. In 1949 Nov.
26, the Constitution of India was adopted by the Constituent Assembly. It came into force on 26 January 1950.
Also Read Dynamic Tutorials Notes - Political Science Class 11:
AHSEC Class 11 Political Science Part B - Political Theory Complete Notes, Prepared By Naveen Mahato
Jawaharlal Nehru introduced
‘Objective Resolution’ in the Constituent Assembly on 13 December, 1946. It
defined the aims of Constituent Assembly and also expressed the aspirations and
values behind the Constitution.
Major contents of ‘Objective Resolution’
are as follows
a)
India is a Sovereign, Democratic, Republic.
b)
India shall be a Union of States
c)
All the authority and powers of India shall flow
from the people
d)
Ensures socio-economic justice for all.
e) Ensure the protection of minorities and other backward
classes.
f) Maintain unity of
our nation. Ensure world peace and welfare
4. What is
meant by Authority of a Constitution? Explain the factors determining the
authority of Indian constitution.
Authority of a constitution means
acceptance on the part of the people to abide and obey the Constitution.
Following are the factors that determining the authority of Indian
constitution.
Principle of
Deliberation- There was a detailed discussion and debates on each and every subject in
the Constituent Assembly before added them to the provision of the
Constitution.
Procedure- Each Committee in
the Constituent Assembly drafted particular provisions of the Constitution. These were presented in
the Constituent Assembly for discussion. Each decision was taken either on the basis
of consensus or voting.
Inheritance
of the Nationalist Movement- The ideals of the national movement such as
sovereignty, democracy,
equality, liberty etc. were the basis of our Constitution.
Institutional arrangement- In our Constitution, there is
separation of powers between Legislature, Executive and Judiciary. Besides,
there is a clear demarcation between the powers of Centre and states.
5. What are
the borrowed provisions in Indian Constitution?
British Constitution-
Parliamentary System, Rule of Law, Role of Speaker, Law Making
Procedure.
American
Constitution- Preamble, Fundamental Rights, Judicial Review, Independent Judiciary.
Canadian
Constitution- Quasi-Federal Form of Government, Idea of Residual Powers
French
Constitution- Liberty, Equality and Fraternity
Irish
Constitution- Directive Principles of State Policy
Russian
Constitution (USSR)- Fundamental Duties
Also Follow DynamicTutorials Additional Question Bank:
Objective
type questions
1. Who was the President of
the Constituent Assembly?
Ans. Dr.
Rajendra Prasad
2. Who introduced ‘Objective
Resolution’ in the Constituent Assembly?
Ans. Jawaharlal
Nehru
3. Who was the Chairman of
Drafting Committee?
Ans. Dr. B.R Ambedkar
4. Who is known as the
Architecture of Indian Constitution?
Ans. Dr. B.R
Ambedkar
5. When did the Constitution
of India adopted by the Constituent Assembly?
Ans. 1949
November 26
6. When did the Constitution
of India came into force?
Ans. 1950 January 26.
CHAPTER 2
RIGHTS IN
THE INDIAN CONSTITUTION
1. Explain the
Fundamental Rights in Indian constitution.
Fundamental Rights are those rights
which are protected and guaranteed by the constitution of a country. Part III
of the Indian Constitution deals with Fundamental Rights. There are six
categories of fundamental rights. These are:
a. Right to
Equality (Article 14-18). It is the
basic principle of Indian Constitution.
Art.14- Equality before law and equal
protection of law.
Art.15- Prohibits discrimination in
public places based on religion, caste, sex, place of birth
Art.16- Equality of opportunity in
public employment.
Art.17- It prohibits
untouchability.
Art.18- Abolition of titles except
military or academic distinction.
b. Right to
Freedom (Article 19-22)
Art.19. It consists of 6 types of freedom
such as freedom of Speech and Expression, freedom of Assembly, freedom of
Association, freedom of movement, freedom to residence and freedom of
Profession.
Art.20- Protection in respect of
conviction of offenses. It says no person shall be punished for the same offense
more than once and no person shall be compelled to be a witness against
himself.
Art.21- Art. 21 protects right to
life and personal liberty.
Art.22- Protection against arbitrary
arrest and detention.
c. Right
against Exploitation (Article 23-24)
Art. 23- Prohibits traffic (selling
and buying) in human beings and forced labor (slavery).
Art. 24- Prohibits employment of
children below the age of 14 in hazardous jobs.
d. Right to
Freedom of Religion (Article 25–28). These articles envisage secularism in
India.
Art.25- Freedom to conscience and the
right to freely profess, practice and propagate religion.
Art.26- Freedom to establish and
maintain religious or charitable institutions.
Art.27- No person shall be compelled
to pay religious taxes on the promotion of a religion.
Art.28- Prohibits imparting of
religious instructions in state funded educational institutions.
e. Cultural
and Educational Right (Article 29-30)
Art.29- Protection of language,
culture of minorities.
Art.30- Right of ‘Religious and
Linguistic Minorities’ to establish educational institutions.
f. Right to
Constitutional Remedies (Art 32)
Art 32- Right to remedies for the
enforcement of the fundamental right of an aggrieved citizen.
2. Explain
the various writs issued by the Supreme Court and High Courts.
The Supreme Court under article 32
and the High Court under article 226 can issue writs for the enforcement of
fundamental rights. High court can also issue writs for the enforcement of
ordinary legal rights.
a)
Habeas
corpus: This writ orders that the arrested person should be presented before
the court. It can also order to set free an arrested person if the arrest is
unlawful.
b)
Mandamus: This writ orders the
public official who failed to perform his duty to resume his work.
c)
Prohibition: This writ is issued when a lower
court has considered a case going beyond its jurisdiction.
d)
Quo
Warranto: This writ prevents the illegal usurpation of a public office by a person.
e)
Certiorari: This
writ orders a lower court or another authority to transfer a matter pending
before it to the higher court or higher authority.
3. What is
meant by Preventive detention?
Preventive detention means detain or
arrest a person if he can be a threat to law and order. It can be extended only
for three months.
4. Explain
the features of Directive Principles of State Policy.
Part IV of Indian constitution deals
with Directive Principles of State Policy. These are the guidelines for the
government to ensure socio- economic and political justice for all. It aims to
make a welfare state. However, these are ‘non-justiciable’. This means they
cannot be enforced by the judiciary. These are classified in to three categories-
i)
Socialist
principle- Equal pays for equal work, right to work, fair distribution of
resources, removal of inequality etc. are socialist principles.
ii)
Gandhian principle- The formation of gram
panchayat, encourage cottage industries, protect the weaker section, abolition of
intoxicants, organize agriculture and animal husbandry etc. are Gandhian
Principles.
iii)
Liberal principle – To make uniform civil code,
provide free and compulsory education, maintain international peace and security,
separate judiciary from executive etc. are the liberal principles.
5. What are
the major differences between Fundamental Rights and Directive Principles?
Fundamental rights protect the rights
of individuals while directive principles ensure the well-being of the entire
society. Fundamental rights are justiciable rights which can be protected by
the court. Directive Principles are non-justiciable that cannot be enforced by
the court.
6. Explain
the functions of National Human Rights Commission (NHRC).
National Human Rights Commission set
up in 1993. It consists of 5 members-−the former chief justice of Supreme
Court, the former judge of Supreme Court, the former chief justice of High
Court and two members who have knowledge and practical experience in matters
related to human rights. Its functions are as follows
a)
Makes
awareness about human rights
b)
Conduct study about human rights
c)
Investigate about the human rights violation
d)
Receive
petition from the victims of human rights violation
e) Visit different place of human rights violation and
make report.
Objective
type questions
1. Which committee report
recommended the inclusion of Fundamental Rights?
Ans. Motilal Nehru report (1928)
2. Which articles cannot be
suspended during emergency?
Ans. Art. 20 and Art.21 (by the 44th amendment in
1978)
3. Which Fundamental Right
was abolished in 1978 by 44th amendment?
Ans.:- Right to
property (Right to Property is a legal right now under Article 300 A).
4. The concepts ‘equality before law’ is borrowed
from –
Ans. British
constitution
5. The concepts ‘equal Protection of law’
is borrowed from –
Ans. U.S constitution
6. The practice of making
provision for the reservation of appointments under Article 16 known as-
Protective
Ans.:- Discrimination.
7. Who was considered Article
32 as heart and soul of the constitution.
Ans. Dr. B.R
Ambedkar
8. Which article made
Fundamental Rights legal and justifiable.
Ans.:- Article
32
9. Which article deals with
‘Right to Education’?
Ans.:- Article 21 A (added by 86th amendment in 2002)
10. Which amendment inserted
Fundamental duties in the Indian constitution?
Ans.:- 42nd Amendment (1976)
11. Which Committee recommended the
insertion of Fundamental Duties?
Ans.:- Swaran Singh Committee
12. Which article of the Indian constitution
deals with fundamental duties?
Ans.:- Art 51 A
13. Which amendment incorporated 11th
fundamental duty in our constitution?
Ans.:- 86th
amendment (2002)
14. How many duties are given
in Indian constitution?
Ans.:- 11
Fundamental Duties.
15. What does the 11th
fundamental duty says?
Ans.:- Parents/Guardians should provide education for
their children between the ages of 6 to 14.
16. Which Part of the Indian
constitution deals with Directive Principles of State Policy?
Ans.:- Part IV
17. The idea of Directive Principles of State
Policy borrowed from-
Ans.:- Irish
constitution.
18. What is the chief aim of
Directive Principles of State Policy (DPSP)?
Ans.:- To make
a welfare state
19. When was National Human
Rights Commission (NHRC) established in India?
Ans.:- 1993.
20. Who was the first
chairman of National Human Rights Commission?
Ans.:- Ranganadha Mishra
21. Which day is celebrated
as ‘Human Rights Day’?
Ans.:- December, 10
22. In which year UN General
Assembly declared Human rights?
Ans.:- 10th
December 1948.
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