1. Write a note on the power and function of the Indian Prime Minister?

➔ The Prime Minister of India is the head of government and holds a pivotal position in the country's
parliamentary system. As the chief executive, the Prime Minister exercises significant powers and performs
vital functions, both constitutionally and politically.

Powers of the Indian Prime Minister

1. Executive Powers:

○ Heads the Union Council of Ministers and allocates portfolios.

○ Advises the President in the appointment of ministers.
○ Supervises and coordinates the functioning of ministries and departments.
2. Legislative Powers:

○ Leader of the Lok Sabha (House of the People) and the principal spokesperson of the government.
○ Proposes and defends major policies and legislative measures.
○ Plays a critical role in passing bills and maintaining government stability in Parliament.
3. Administrative Powers:

○ Guides and oversees the implementation of government policies.

○ Acts as the chief advisor to the President on administrative matters.
4. Foreign Affairs and Defense:

○ Shapes India’s foreign policy and represents the nation in international forums.
○ Plays a key role in national security and defense decisions.
5. Emergency Powers:

○ Advises the President during national emergencies under Articles 352, 356, and 360 of the
Constitution.

Functions of the Indian Prime Minister

1. Policy Maker:
The Prime Minister plays a leading role in formulating and directing government policies on economic,
social, and political matters.

2. Bridge Between the President and the Council of Ministers:

The Prime Minister communicates and coordinates between the President and the ministers, ensuring
effective governance.

3. Crisis Management:
Acts as the chief crisis manager, addressing national emergencies, disasters, or conflicts.

4. Party Leadership:
As the leader of the majority party in Parliament, the Prime Minister ensures the party’s agenda is
implemented effectively.

5. Representative of the Nation:

The Prime Minister represents India on the global stage, fostering diplomatic relations and securing
international collaborations.
2. Evaluate the impact of the 73 rd and 74 th Constitutional Amendment Act on the decentralisation
process in India.

➔ The 73rd and 74th Constitutional Amendment Acts, enacted in 1992, were landmark
legislations that institutionalized decentralized governance in India. These
amendments provided a constitutional framework for empowering rural and urban
local bodies, thereby strengthening the foundation of grassroots democracy.

1. 73rd Amendment (Panchayati Raj):

- Gave constitutional status to Panchayati Raj Institutions (PRIs)
- Established three-tier system: Gram Panchayat, Panchayat Samiti, Zilla Parishad
- Mandated regular elections and reservations for SC/ST/women
- Created State Finance Commissions for resource allocation
- Empowered PRIs with 29 subjects for rural governance

2. 74th Amendment (Urban Local Bodies):

- Gave constitutional status to municipalities
- Established three types: Municipal Corporations, Municipal Councils, Nagar
Panchayats
- Mandated regular elections and reservations similar to PRIs
- Created Ward Committees for decentralized urban governance
- Empowered ULBs with 18 functions for urban development
Impact on Decentralization:

Positive Impacts:
- Created democratic institutions at grassroots level
- Enhanced political participation, especially of marginalized groups
- Improved local governance and service delivery
- Strengthened fiscal decentralization through Finance Commissions
- Promoted bottom-up planning and development
Challenges:
- Inadequate devolution of funds, functions, and functionaries
- Continued state government control over local bodies
- Limited capacity of local institutions
- Political interference in functioning
- Uneven implementation across states
These amendments marked a significant shift towards democratic decentralization in
India, though the process remains a work in progress. They have created a
framework for local self-governance but face implementation challenges that need
to be addressed for more effective decentralization.
3. Why is the Supreme Court of India regarded as the custodian of the Indian Constitution?

➔ The Supreme Court of India is regarded as the custodian of the Indian Constitution because it
plays a pivotal role in upholding, protecting, and interpreting the Constitution. Established
under Article 124 of the Constitution, the Supreme Court is the highest judicial authority in the
country, tasked with ensuring the supremacy of the Constitution and safeguarding the
fundamental rights of citizens.

Reasons for the Supreme Court’s Role as Custodian

1. Guardian of Fundamental Rights:

○ The Supreme Court protects the fundamental rights enshrined in Part III of the
Constitution.
2. Judicial Review:
○ The Supreme Court exercises the power of judicial review, enabling it to examine the
constitutionality of laws and executive actions.
3. Interpretation of the Constitution:
○ The Supreme Court interprets the Constitution to clarify its provisions and resolve
ambiguities.
○ It ensures that the Constitution evolves with changing societal needs, maintaining its
relevance.
4. Check on Arbitrary Power:
○ By reviewing laws and executive actions, the Court prevents the misuse of power by
the legislature and executive, thereby upholding the principle of separation of powers.
5. Resolving Constitutional Disputes:
○ The Court adjudicates disputes between the central and state governments or among
states under its original jurisdiction (Article 131).
○ This ensures the federal structure of the Constitution is preserved.
6. Defender of Constitutional Supremacy:
○ The Supreme Court ensures that no authority, including the legislature or executive,
acts beyond the bounds of the Constitution.
Key Landmark Cases Affirming Its Role

1. Kesavananda Bharati Case (1973):

○ The Supreme Court established the Basic Structure Doctrine, ruling that Parliament
cannot amend the Constitution in a manner that destroys its basic structure.
2. Maneka Gandhi Case (1978):
○ The Court expanded the scope of Article 21, interpreting the "right to life" as including
the right to live with dignity and personal liberty.
3. Minerva Mills Case (1980):
○ Reaffirmed the basic structure doctrine and balanced the relationship between
fundamental rights and directive principles of state policy.
 4. Enumerate the power and function of the High Courts in India.

➔ High Courts are the principal civil courts of original jurisdiction and the highest courts of appeal in each
state or union territory. They operate under Articles 214 to 231 of the Indian Constitution and play a
pivotal role in the Indian judiciary.

1. Original Jurisdiction

- Hears cases directly in certain matters

- Issues writs for fundamental rights enforcement

- Handles disputes involving substantial questions of law

- Original criminal jurisdiction in some cases

2. Administrative Powers

● Control over Subordinate Judiciary:

○ Appointing, promoting, and transferring judicial officers in the state.
○ Supervising the functioning and discipline of lower courts.
● Framing rules for the proper administration of justice in subordinate courts.
3. Constitutional Powers

● Enforcement of Fundamental Rights:

○ High Courts have broader writ jurisdiction than the Supreme Court and can enforce both
fundamental and other legal rights.
● Interpretation of the Constitution:
○ High Courts interpret constitutional provisions in cases brought before them.

4. Power to Punish for Contempt

● High Courts can punish individuals or entities for contempt of court (civil or criminal), ensuring respect
for judicial authority and preventing obstruction of justice.

5. Election-Related Functions

● The High Court handles election disputes related to Members of Parliament and Members of the
Legislative Assembly.

7. Other Functions

● High Courts act as a court of record (Article 215), meaning their judgments and proceedings serve as
legal precedents.
● They issue directives and guidance for the efficient functioning of courts within their jurisdiction.
5. Write a note on the Right against exploitation as enshrined in the constitution of India.
➔ The Right Against Exploitation is a fundamental right enshrined in Articles 23 and 24 of the Indian
Constitution. It is aimed at eliminating practices that exploit individuals, particularly vulnerable sections
of society, and ensuring their dignity and freedom.

1. Article 23 - Prohibition of Traffic in Human Beings and Forced Labor

- Prohibits human trafficking and forced labor (beggar)
- Makes trafficking in human beings a punishable offense
- Exceptions allowed for public purposes with proper compensation
- Protects against economic and physical exploitation
2. Article 24 - Prohibition of Child Labor
- Prohibits employment of children below 14 years in factories
- Extends to mines and other hazardous employment
- Aims to protect children from economic exploitation
- Promotes child welfare and development

Implementation and Significance:

1. Legal Framework
- Various laws enacted to implement these rights
- Child Labor (Prohibition and Regulation) Act
- Bonded Labor System (Abolition) Act
- Immoral Traffic (Prevention) Act
2. Judicial Enforcement
- Courts actively enforce these rights
- Issue guidelines for implementation
- Monitor compliance through PILs
- Impose penalties for violations
3. Social Impact
- Helps prevent economic exploitation
- Protects vulnerable sections of society
- Promotes human dignity and welfare
- Supports social justice objectives

Challenges in Implementation:
1. Enforcement Issues
- Difficulty in monitoring compliance
- Limited resources for implementation
- Social and economic pressures
- Lack of awareness
2. Socio-Economic Factors
- Poverty leading to child labor
- Economic compulsions causing exploitation
- Social customs and practices
- Limited alternative opportunities
6. Write a note on the Part –IV (Fundamental Duties) of the Indian Constitution.

➔ The Fundamental Duties of citizens are enshrined in Part IV-A of the Indian
Constitution under Article 51A. These duties were incorporated by the 42nd
Constitutional Amendment Act of 1976 on the recommendation of the Swaran
Singh Committee. Fundamental Duties serve as moral obligations for citizens to
promote patriotism and uphold the unity and integrity of the nation.

List of Fundamental Duties

Fundamental Duties (Part IV-A, Article 51A):

The Fundamental Duties were added to the Constitution through the 42nd Amendment
Act, 1976. Initially, there were 10 duties; an 11th duty was added by the 86th
Amendment Act, 2002.
These duties include:
1. Respecting the Constitution, national flag, and national anthem
2. Cherishing and following the noble ideals of the freedom struggle
3. Upholding and protecting the sovereignty, unity, and integrity of India
4. Defending the country and rendering national service when called upon
5. Promoting harmony and brotherhood among all people
6. Preserving the rich heritage of our composite culture
7. Protecting and improving the natural environment
8. Developing scientific temper, humanism, and spirit of inquiry
9. Safeguarding public property and abjuring violence
10. Striving towards excellence in all spheres of individual and collective activity
11. Providing opportunities for education to children between 6-14 years (added in 2002)

Significance:
- Serves as a reminder of citizens' obligations to the nation
- Promotes civic responsibility and national integration
- Balances rights with duties
- Helps in nation-building and social development
Challenges
1. Lack of Awareness:
○ Many citizens are unaware of their Fundamental Duties, leading to neglect of these
obligations.
2. Non-Enforceability:
○ The non-justiciable nature reduces the practical impact of these duties.
3. Neglect of Implementation:
○ Insufficient emphasis in education and public discourse has limited the promotion of
Fundamental Duties.
7. Write a note on the key features of the Indian Constitution.

➔ The Indian Constitution, adopted on November 26, 1949, and coming into effect on January 26,
1950, is the supreme law of India. It is a comprehensive document that establishes the political
framework, procedures, rights, duties, and powers of government institutions and citizens. Below are
the key features of the Indian Constitution:

1. Lengthiest Written Constitution

● The Indian Constitution is the most detailed and lengthy written constitution in the world.
● It originally consisted of 395 Articles, 22 Parts, and 8 Schedules; now expanded to 470 Articles, 25
Parts, and 12 Schedules through amendments.
2. Federal Structure with Unitary Bias

● The Constitution establishes a federal system with features like dual government (Central and State),
division of powers, and a written constitution.
● However, it has a strong unitary bias with a single citizenship, the ability of the Center to override
state laws during emergencies, and the role of the Governor.
3. Parliamentary Form of Government

● India has a parliamentary democracy, where the executive is accountable to the legislature.
● The President is the constitutional head, while the Prime Minister and the Council of Ministers exercise
real power.

4. Fundamental Rights

● Enshrined in Part III (Articles 12-35), these rights guarantee individual freedoms and protection from
arbitrary state action.
● Include rights such as:
○ Right to Equality (Article 14-18)
○ Right to Freedom (Article 19-22)
○ Right Against Exploitation (Article 23-24)
○ Right to Freedom of Religion (Article 25-28)
○ Cultural and Educational Rights (Article 29-30)
○ Right to Constitutional Remedies (Article 32)

5. Directive Principles of State Policy (DPSP)

● Enshrined in Part IV (Articles 36-51), these are non-justiciable principles aimed at achieving socio-
economic justice and guiding the state in policy-making.
● Include provisions for equal pay, free education, public health, and welfare.

6. Fundamental Duties

● Added by the 42nd Amendment Act, 1976, and enshrined in Part IV-A (Article 51A).
● Citizens are obligated to uphold constitutional ideals, protect the environment, and promote harmony.
7. Secular State

● India is a secular country, meaning there is no state religion.

● The Constitution guarantees freedom of religion and ensures equal treatment of all religions by the
state.

8. Independent Judiciary

● The Constitution establishes an independent judiciary with the Supreme Court as the apex court,
followed by High Courts and subordinate courts.
● The judiciary ensures the rule of law, protects fundamental rights, and resolves disputes between the
Center and states.

9. Single Citizenship

● Unlike many federal systems, India provides for single citizenship, emphasizing unity and equality
among all citizens.

10. Universal Adult Suffrage

● The Constitution ensures universal adult suffrage, granting the right to vote to all citizens aged 18 and
above, irrespective of caste, religion, gender, or economic status.

11. Emergency Provisions

● The Constitution allows for the declaration of emergencies:

○ National Emergency (Article 352)
○ State Emergency (Article 356)
○ Financial Emergency (Article 360)
● These provisions centralize power and allow the Center to assume greater control during crises.

12. Flexibility and Rigidity

● The Constitution is both rigid and flexible:

○ Some provisions require a special majority or ratification by states for amendment.
○ Others can be amended by a simple majority of Parliament.

13. Reservation for Marginalized Groups

● Provides for the reservation of seats in legislatures and jobs for Scheduled Castes (SCs), Scheduled
Tribes (STs), and Other Backward Classes (OBCs) to ensure social justice.
Short questions

1. Who appoints the Prime Minister of India?

➔ The President of India appoints the Prime Minister. The person appointed is usually the
leader of the majority party or coalition in the Lok Sabha.
2. If in a country there happens to be the office of monarchy as well as a Parliamentary
form of government, this monarch will be called?
➔ Such a monarch is called a Constitutional Monarch.
3. The Fundamental Duties were included in the Constitution of India by which of the
following Amendment Act?
➔ The 42nd Amendment Act, 1976.
4. Who among the following has the power to form a new state within the Union of India?
➔ The Parliament of India has the power to form a new state by passing a law under Article 3
of the Constitution.
5. Article 78 of the Constitution deals with?
➔ Article 78 outlines the duties of the Prime Minister to furnish information to the President and
assist in decision-making.
6. Can one High Court serve two or more states in India?
➔ Yes, under Article 231 of the Indian Constitution, a single High Court can serve two or more
states (e.g., Punjab and Haryana share a High Court).
7. Under which article of the Indian Constitution does the Supreme Court of India enjoy the
power of Writs?
➔ Article 32 provides the Supreme Court with the power to issue writs for the enforcement of
Fundamental Rights.
8. Which committee suggested the establishment of Nyaya Panchayat in the Panchayati
Raj System in India?
➔ The Balwant Rai Mehta Committee (1957) suggested the establishment of Nyaya
Panchayats.
9. Which part of the Indian Constitution deals with the Directive Principles of State Policy?
➔ Part IV of the Constitution.
10. How many tiers of Municipal Bodies exist in the Indian Constitution?
➔ The Indian Constitution recognizes three tiers of Municipal Bodies:
○ Municipal Corporations (for large cities)
○ Municipal Councils (for smaller towns)
○ Nagar Panchayats (for transitioning rural-urban areas).
11. In which year was the first draft of the Indian Constitution prepared?
➔ The first draft of the Indian Constitution was prepared in February 1948 by the Drafting
Committee chaired by Dr. B.R. Ambedkar.
12. The provision of Single Citizenship in the Indian Constitution is borrowed from which
country?
➔ It is borrowed from the United Kingdom.