AHSEC Class 11 Political Science Part A - Indian Constitution At Work Complete Notes, Prepared By Naveen Mahato

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 A - Indian Constitution At Work Complete Notes, Prepared By Naveen Mahato

AHSEC Class 11 Political Science Part B - Political Theory Complete Notes, Prepared By Naveen Mahato

3. Explain about the major items of Objective Resolution.

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

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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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