Constitutional Amendments & Structure

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.

Previously a Fundamental Right
- Before 1978, the Indian Constitution guaranteed the right to property as a fundamental right under Article 19(1)(f) and Article 31.
- This meant citizens had the right to acquire, hold, and dispose of their property.
- Article 31 also ensured that the government couldn't take over private property without due compensation and for public purposes only. Change in 1978
- The 44th Amendment Act of 1978 changed the status of the Right to Property.
- Articles 19(1)(f) and 31 were removed from the list of fundamental rights.
- A new Article, 300-A, was introduced under Part XII of the Constitution. Current Status: A legal right available to any person.
- Article 300-A states, "No person shall be deprived of his property save by authority of law."
- This means the government can still acquire private property, but only under legal authorization.
- The law should be fair and reasonable, and the government has the power to decide the quantum of compensation.

* The correct answer is D. a part of the Constitution but has no legal effect independently of other parts. * The Preamble of the Indian Constitution sets out the guiding principles and objectives of the document. While it is an integral part of the Constitution (Kesavananda Bharati case), it cannot be directly enforced in a court of law. * The Supreme Court of India has clarified that the Preamble can be used to interpret ambiguous provisions within the Constitution, but cannot be used to strike down laws as unconstitutional on its own. It serves as a guiding light for understanding the spirit and intent of the Constitution.

A constitutional government is, by definition, a limited government. In a constitutional government, the powers of the government are restricted by a constitution. This document sets out the rules, principles, and framework within which the government must operate. One of the core features of a constitutional government is the separation of powers. This principle divides the governmental authority into distinct branches (legislative, executive, and judiciary) to ensure that no single branch gains too much power. It also guarantees fundamental rights, ensuring government actions remain within a legal framework. Thus, a constitutional government operates under checks and balances, preventing absolute power and upholding the rule of law.