Constitutional Amendments & Structure

* Statement 1 is correct. The Government of India Act, 1935, proposed an All India Federation that would encompass both the British Indian Provinces and the Princely States. However, this federation never fully materialized due to the reluctance of many Princely States to join. * Statement 2 is incorrect. The Act reserved key subjects like Defence and Foreign Affairs under the control of the Governor General, representing the British Crown, and not the federal legislature. This ensured British dominance in these crucial areas.

* The National Commission for Backward Classes (NCBC): This body is a constitutional body. It was given constitutional status by the 102nd Constitutional Amendment Act, 2018, which inserted Article 338B into the Indian Constitution. * The National Human Rights Commission (NHRC): This body is not a constitutional body. It is a statutory body established under the Protection of Human Rights Act, 1993. * The National Law Commission: This body is not a constitutional body. It is an executive body established by an executive order of the Government of India. * The National Consumer Disputes Redressal Commission (NCDRC): This body is not a constitutional body. It is a statutory body set up under the Consumer Protection Act of 1986 (replaced by the Consumer Protection Act 2019).

* The First Amendment Act, of 1951, added the fourth clause to Article 15 that empowered the government to make any law for the upliftment of socially and educationally backward classes of citizens or the Scheduled Castes and Scheduled * Tribes. The added clause elucidates that in case such special provisions are introduced, they cannot be said to be breaching Article 15 and Article 29(2) of the Constitution. * The need to insert this clause was felt after the decision of the Supreme Court in the State of Madras v. Srimathi Champakam (1951). According to the facts of this case, the Madras government issued an Order that provided reservation on the grounds of religion, race, and caste. This Order was contended to be in breach of Article 15(1) of the Indian Constitution. The Court also gave a literal interpretation to the constitutional provisions and held that reserving seats in public institutions for backward classes violates Articles 15(1) and 29(2). Therefore, to nullify the effect of similar judicial pronouncements, Article 15 was amended. * Similarly, Article 19(1)(a) grants the right to free speech and expression to Indian citizens. This right is considered an essential feature of democracy. However, Article 19(2) specifies the restrictions that can curtail this freedom. The First Amendment to the Indian Constitution altered these restrictions by widening their ambit. The second change, via the Amendment Act of 1951, was made to Clause 6 of Article 19. Note: UPSC deleted this question when the final answer key was issued.

Statement 1 is incorrect. A Constitution Amendment Bill can be introduced either by a minister or by a private member and does not require prior permission from the President. Statement 2 is correct. The 24th Amendment of the Indian Constitution amended Article 368 to provide expressly that Parliament has the power to amend any provision of the Constitution and the President is obliged to give his/her assent. Statement 3 is also correct. A Constitution Amendment Bill must be passed by a special majority in both houses and there is no provision for a joint sitting in case of disagreement. So, the second and third statements are correct.

Statement 1 is incorrect: The Constitution of India does not classify ministers into four fixed ranks. There are broadly two categories based on parliamentary convention - Cabinet Ministers and Ministers of State (with or without independent charge). The number of ranks can vary based on the specific structure chosen by the government. Statement 2 is correct: The 91st Amendment to the Constitution limits the size of the Council of Ministers. The total number of ministers, including the Prime Minister, cannot exceed 15% of the total strength of the Lok Sabha.

The Government of India Act 1919 introduced the system of dyarchy in the provinces. Under this system, the provincial subjects of administration were divided into two categories 'Reserved' and 'Transferred'. The 'Reserved' subjects were administered by the Governor of the province with the help of his executive council of bureaucrats. These subjects were considered more crucial and included areas such as law and order, finance, land revenue, and irrigation. The 'Transferred' subjects were administered by the Governor with the help of Indian ministers. These subjects were considered less critical and included areas such as education, public health, and local self-government. Therefore, among the options provided, Administration of Justice, Land Revenue, and Police were treated as 'Reserved' subjects, while Local Self-Government was a 'Transferred' subject.

A constitutional government seeks to limit and regulate the exercise of political power by the government. Constitutional government is by definition limited government. It means government is conducted according to rules and principles, which are binding on all political actors. Therefore constitutional government helps to constrain the unfettered exercise of power by separating or dividing it. The constitutional government provides a framework in which the government can be both responsible and representative managing conflicts, Protecting the rights, promoting participation, and maintaining the security of the citizens.

Statement 1 is Correct: The key difference lies in Parliamentary Supremacy. In the British model, Parliament is considered sovereign. This means its legislative powers are supreme, and its laws cannot be challenged by any other body. In India, the Constitution is supreme. Parliament's power to legislate is limited by the Constitution. The judiciary can review laws passed by Parliament and strike them down if they violate the Constitution. Statement 2 is also Correct: This is a specific example of the limitation on Parliament's power in India. The Constitution Bench of the Supreme Court has the authority to review amendments made to existing laws (Acts) and determine if they are constitutional. This power of judicial review ensures the Constitution remains the supreme law.

The exact constitutional status of India on 26th January 1950 was a Sovereign Democratic Republic. - The Constitution of India was adopted on 26th November 1949, but it came into effect on 26th January 1950.
- The Preamble of the Constitution, adopted in 1949, defined India as a "Sovereign Democratic Republic."
- The terms "Socialist" and "Secular" were added to the Preamble much later, through the 42nd Amendment Act of 1976. Therefore, on 26th January 1950, India wasn't yet classified as "Socialist" or "Secular" in its constitution.

Statement 1 is correct. India follows a single citizenship system, which means that every Indian is a citizen of India, irrespective of the place of his/her residence within the country. The concept of domicile does not exist in the Indian Constitution. Statement 2 is incorrect. In India, the Head of State is the President, and as per Article 58 of the Indian Constitution, any person who is a citizen of India and is 35 years of age or above is eligible to become the President. It does not matter whether the person is a citizen by birth or by naturalization. Statement 3 is also incorrect. As per the Citizenship Act 1955, the Central Government has the power to deprive a person of his/her citizenship under certain circumstances.