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Present Judicial System - After Independence

Q: Explain five major factors which contributed to the making of our Constitution.

The Constitution of India was made after a series of events that led to it's making:1) Nationalism arose in people of India, which raised the demand of sovereignty and own Constitution.2)Draft of Constitution was prepared in 1928 by Motilal Nehru and his companions which reflected the belief and ideology of Indians.3) In 1935, the Indian National Congress officially demanded a Constituent Assembly to frame the Constitution of India 4) Constituent Assembly was constituted in 1946 and was entrusted with the responsibility of preparing India's own Constitution.5) After the Independence, the Assembly was made fully Sovereign body, the partition raised the demand of sovereign recognition of State, the Constituent Assembly adopted Constitution on November 26, 1949.

Q: Describe the composition of the Constituent Assembly of India.

Constituent Assembly of India was set up under Cabinet Mission Plan of 1946. It consisted of 385 members, of which 292 were elected by the elected members of the provincial Legislative Assemblies while 93 members were nominated by the Princely States.It also had one representative each from the four chief Commissioners provinces of Delhi, Ajmer-Marwar, Coorg and British Baluchistan. B N Rao was the Constitutional Advisor of the Assembly. Dr. Rajendra prasad was elected as its president.

Q: What does the word 'Sovereign' mean in the Indian Constitution?

Sovereign- It means people have the supreme right to take decisions on internal as well as external matters. No external power can dictate the government of India.

Q: Who amongst the following was not a member of the Constituent Assembly of India?

Mahatma Gandhi was not a member of the Constituent Assembly of India. Members were chosen by indirect election by the members of the Provincial Legislative Assemblies, according to the scheme recommended by the Cabinet Mission. The arrangement was: 292 members were elected through the Provincial Legislative Assemblies;93 members represented the Indian Princely States; and 4 members represented the Chief Commissioners' Provinces.

Q: Which of the following is not included in the Preamble to the Indian Constitution?

Education to men, women and children isn't mentioned in the Preamble of India.The Preamble of Indian Constitution goes like:We, The People of India having solemnly resolved to constitute India into a Sovereign, Socialist, Secular, Democratic Republic and to secure to all its citizens:Justice, social, economic and political,Liberty of thought, expression, belief, faith and worship,Equality of status and of opportunity and to promote among them allFRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation.

Q: Sharing of power between the Union Government and State Government is basic to the structure of the Constitution. Any change to it has to be first passed by both the Houses of Parliament with at least ____________.

Indian constitution can be amended in three ways :(1) Amendment by a simple majority of the parliament(2)Amendment by a special majority of the parliament(3)Amendment by a special majority of the parliament and ratification of half of the state legislatures.Sharing of power between union and state government comes into the second category so for that a bill has to be passed by more than fifty per cent majority of total membership of each house and a majority of 2/3 of the members of each house present and voting.

Q: How many members did the Constituent Assembly of India have?

Provincial assembly elections were held early in 1946. Constituent Assembly members were elected indirectly by members of the newly elected provincial assemblies, and initially included representatives for those provinces which formed part of Pakistan. The Constituent Assembly had 299 representatives, including nine women.

Q: Under what circumstances can the President of India declare an emergency in the country?

\\(1\\). General emergency: If the President is satisfied that a grave emergency exists where by the security of India is threatened, either by war or by external aggression or armed rebellion, the President can proclaim this emergency. The President can do this only after getting the approval in writing of the Union Cabinet.\\(2\\). State emergency: If the President, on receipt of a report from the governor or otherwise, is satisfied that the governance of a State cannot be carried on in accordance with the provision of the Constitution, he may bdeclare an emergency in the State.\\(3\\). Financial emergency: If the President is satisfied that a situation has arisen whereby the financial stability or credit of the nation is threatened, he can declare financial emergency.

Q: Which of the following statements regarding the Constituent Assembly are true?1. It was not based on Adult Franchise.2. It resulted from direct elections.3. It was a multi-party body.4. It worked through several Committees.

The Constituent Assembly was not directly elected by the people of India on the basis of Adult Franchise but the voting was by the method of proportional representation by means of a single transferable vote. It represented almost all section of Indian Society. It had Congress Party, Muslim League and other small and Independent groups making it multi-party Assembly. It appointed several Committees to deal with different tasks of Constitution Making.

Q: Explain the three circumstances when the President can exercise his emergency powers.

The President can exercise his emergency powers in three types of emergencies: national emergency, state emergency, and financial emergency. National Emergency is imposed by the President on request by the Prime Minister’s cabinet of ministers. Article 352 of the Indian Constitution states that an emergency can be called in the event of imminent danger to the national security due to armed rebellion, war or external aggression. State Emergency is often referred to as President’s Rule. State emergency is declared under Article 356, in the event when the state government collapses and the constitutional machinery fails in a particular state. It can be imposed for a period of six months and can last only for three years with parliamentary consent required every six months. The Governor, the President’s representative in the state, governs the state under emergency in the name of the President.Financial Emergency is imposed by the President if he reckons financial stability of the country is in danger. Article 360 empowers the President to declare this emergency on the condition that it would be approved by the Parliament within two months of its enforcement.

Legal Studies

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Describe Emergency and its three types

An Emergency is ''a sudden unforeseen situation demanding immediate action.'' It is a situation in which the Head of the State (President) assumes extraordinary powers. Three types of emergency are national emergency, state emergency and financial emergency.

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Differences between the two houses of the parliament

The Lok Sabha has more powers than the Rajya Sabha on account of its greater numerical strength. Ordinary Bills can originate in either House of the Parliament, whereas Money Bills can be introduced only in the Lok Sabha. The Rajya Sabha cannot reject or amend the Money Bill.

REVISE WITH CONCEPTS

Making of the Indian Constitution

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LEARN WITH VIDEOS

Introduction to Composition and Functions of Indian Parliament

10 mins

Introduction to Emergency Provisions and Emergency Powers of the President

10 mins

Present Judicial System in India

11 mins

Important Questions

Who amongst the following was not a member of the Constituent Assembly of India?

Medium

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Which of the following is not included in the Preamble to the Indian Constitution?

Medium

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Sharing of power between the Union Government and State Government is basic to the structure of the Constitution. Any change to it has to be first passed by both the Houses of Parliament with at least ____________.

Medium

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How many members did the Constituent Assembly of India have?

Medium

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Under what circumstances can the President of India declare an emergency in the country?

Hard

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Which of the following statements regarding the Constituent Assembly are true?
1. It was not based on Adult Franchise.
2. It resulted from direct elections.
3. It was a multi-party body.
4. It worked through several Committees.

Medium

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Explain the three circumstances when the President can exercise his emergency powers.

Medium

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