Kerala Psc - Indian Constitution

Borrowed features of Indian constitution

1. From Which country Indian Constitution Borrowed Fundamental Rights ?
                    America (USA)

2. From Which country Indian Constitution Borrowed Supreme Court?
                   America (USA)

3. From Which country Indian Constitution Borrowed Preamble ?
                 America (USA)

4. From Which country India Borrowed Written Constitution ?
                America (USA)

5. From Which country Indian Constitution Borrowed Fundamental Duties ?
               Russia (USSR)

6. From Which country India Borrowed Five year Plan ?
              Russia (USSR)

7. From Which country Indian Constitution Borrowed Speaker in Lok Sabha ?
               Britain (UK)

8. From Which country Indian Constitution Borrowed Parliamentary Election ?
              Britain (UK)

9. From Which country Indian Constitution Borrowed Election Commission ?
              Britain (UK)

10. From Which country Indian Constitution Borrowed 'Suspension of Fundamental Rights during the Emergency' ?
               Germany

11. From Which country Indian Constitution Borrowed Concurrent list ?
              Australia

12. From Which country Indian Constitution Borrowed Federal System ?
              Canada

13. From Which country Indian Constitution Borrowed Union - State List ?
             Canada

14. From Which country Indian Constitution Borrowed Amendment of the Constitution ?
           South Africa

From U.K.	·  Nominal Head – President (like Queen) · Cabinet System of Ministers ·   Post of PM ·  Parliamentary Type of Govt. · Bicameral Parliament · Lower House more powerful · Council of Ministers responsible to Lowe House · Speaker in Lok Sabha
From U.S.	· Written Constitution · Executive head of state known as President and his being the Supreme Commander of the Armed Forces ·   Vice- President as the ex-officio Chairman of Rajya Sabha ·   Fundamental Rights ·   Supreme Court ·  Provision of States ·   Independence of Judiciary and judicial review ·   Preamble ·  Removal of Supreme court and High court Judges
From USSR	·    Fundamental Duties ·   Five year Plan
From AUSTRALIA	·  Concurrent list ·  Language of the preamble ·  Provision regarding trade, commerce and intercourse
From JAPAN	·   Law on which the Supreme Court function
From WEIMARCONSTITUION OFGERMANY	·  Suspension of Fundamental Rights during the emergency
From CANADA	· Scheme of federation with a strong centre ·Distribution of powers between centre and the states and placing. Residuary Powers with the centre
From IRELAND	·Concept of Directive Principles of States Policy(Ireland borrowed it from SPAIN) ·  Method of election of President ·  Nomination of members in the Rajya Sabha by the President

 (c) courtesy

1.     

      Amendments 

1. Which amendment is known as Mini constitution ?
Answer: 42 nd amendment (1976)


2. In which amendment did the Preamble amended ?
Answer: 42 nd amendment


3. In which amendment did Right to property is removed from the Fundamental Rights ?
Answer: 44 th amendment (1978)


4. In which amendment did the voting age is lowered form 21 to 18 ?
Answer: 61 st amendment (1989)


5.which amendment created the National Capital Territory of Delhi ?
Answer: 69 st amendment (1991)


6. Which amendment lead to the creation of Panchayat Raj ?
Answer: 73 amendment (1992)

Articles 

1. Which article is known as Heart and Soul of the Constitution ?
Answer: Article 32


2. Which article is known as Necessary Evil ?
Answer: Article 22


3. Article 17 of the Indian Constitution provides for ?
Answer: Abolition of Untouchability


4. Fundamental Right are granted to citizens under which Article ?
Answer: Article 12 to 35


5. 'Right to Equality' is guaranteed to the citizens of India under Article ?
Answer: Article 14


6. Which article has banned employment of children below the of 14 in hazardous industries and factories ?
Answer: Article 24


7. Which article deals with the free and compulsory education to all children below 14 years of age?
Answer: Article 45


8. Which article deals with Right to elementary Education ?
Answer: Article 21 A


8. Which is the Article that provides special status to the state of Jammu and Kashmir ?
Answer: Article 370


9. Which Article relates to the establishment of Finance Commission ?
Answer: Article 280


10. Which Article deals with the Fundamental Duties ?
Answer: Article 51 A

Fundamental Rights

Right to Equality	·                     Article 14 :- Equality before law and equal protection of law ·                     Article 15 :- Prohibition of discrimination on grounds only of religion, race, caste, sex or place of birth. ·                     Article 16 :- Equality of opportunity in matters of public employment ·                     Article 17 :- End of untouchability ·                     Article 18 :- Abolition of titles, Military and academic distinctions are, however, exempted
Right to Freedom	·                     Article 19 :- It guarantees the citizens of India the following six fundamentals freedoms:-           1.      Freedom of Speech and Expression           2.      Freedom of Assembly           3.      Freedom of form Associations           4.      Freedom of Movement           5.      Freedom of Residence and Settlement           6.      Freedom of Profession, Occupation, Trade and Bussiness ·                     Article 20 :- Protection in respect of conviction for offences ·                     Article 21 :- Protection of life and personal liberty ·                     Article 22 :- Protection against arrest and detention in certain cases
Right Against Exploitation	·                     Article 23 :- Traffic in human beings prohibited ·                     Article 24 :- No child below the age of 14 can be employed
Right to freedom of Religion	·                     Article 25 :- Freedom of conscience and free profession, practice and propagation of religion ·                     Article 26 :- Freedom to manage religious affairs ·                     Article 27 :- Prohibits taxes on religious grounds ·                     Article 28 :- Freedom as to attendance at religious ceremonies in certain educational institutions
Cultural and Educational Rights	·                     Article 29 :- Protection of interests of minorities ·                     Article 30 :- Right of minorities to establish and administer educational institutions ·                     Article 31 :- Omitted by the 44th Amendment Act
Right to Constitutional Remedies	·                     Article 32 :- The right to move the Supreme Court in case of their violation (called Soul and heart of the Constitution by BR Ambedkar) ·                     Forms of Writ check ·                     Habeas Corpus :- Equality before law and equal protection of la

There are 5 type of writs

Habeas corpus (to have the body) 

It is an order calling upon the person who has detained another to produce the latter before the court in order to let the court know on what ground he has been confined and to set him free if there is no legal justification for the imprisonment 

Mandamus (We command)

Command a person to whom it is address to perform some public or qausi public legal duty which he has refused to perform and the performance of which cannot be enforced by any other adequate legal remedy. 

Certiorari (to be certified) 

It is issued directing the subordinate court to send up certain records for review 

Qua Warranto (On what authority) 

Is proceeding where by court enquire in to the legality of the claim which a party asserts to public office and to oust him from its enjoyment of the claim is not well founded 

Prohibition 

This writ is issued by the Supreme Court or a high court to an inferior court forbidding the latter to continue proceeding in a case in excess of its jurisdiction or usurp a jurisdiction with which it is not legally vested.

                                                   (c) courtesy - several similar blogs