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 The States Reorganization Act, 1956, created states
Q32:
primarily based on linguistic lines.  The Constituent Assembly was formed in 1946 to
o Creation of Andhra state in 1953 (Telugu draft the Constitution.
speakers separated from Madras) due to  First meeting: December 9, 1946.
popular agitation and Potti Sriramulu's  Last meeting: January 24, 1950.
death.
 Constitution adopted: November 26, 1949.
o This intensified demands for linguistic
 Constitution came into effect: January 26, 1950.
states, leading to the States
 Included 15 women members who played a crucial
Reorganisation Commission (Fazl Ali
role.
Commission) in 1953.
 Sarojini Naidu (from Bihar) was a key figure in the
o The Commission broadly accepted
freedom movement, INC president, and spoke on
language as the basis for reorganization
the national flag in the Assembly.
in its 1955 report.
 Durgabai Deshmukh (advocate, women's activist,
Q28:
founder of Andhra Mahila Sabha and Central Social
 Rule of Law: All laws apply equally to all citizens.
Welfare Board) was a significant member.
 No one is above the law, regardless of position or
 Sucheta Kriplani (first woman CM of UP) was a
status.
prominent member and played an important role
 Promotes fairness, accountability, and protection
in drafting.
of individual rights.
 Vijaya Lakshmi Pandit (diplomat, first woman
 Foundation for a just and democratic society.
president of UNGA) was a member.
Q29:
 Other women members: Ammu Swaminathan,
 India became free on August 15, 1947, but
Dakshayani Velayudhan, Begum Aizaz Rasul, Hansa
declared itself a Sovereign, Democratic, and
Mehta, Kamla Chaudhary, Leela Roy, Malati
Republic state on January 26, 1950 (when the
Choudhury, Purnima Banerjee, Rajkumari Amrit
Constitution came into effect).
Kaur, Renuka Ray, Annie Mascarene.
 The interim government of 1946 under Jawaharlal
Q33:
Nehru was a transitional body before full
 The Constitution of India explicitly defines
independence. It operated under the Viceroy and
Parliament's formation, powers (Articles 79-122),
British Government and was not fully sovereign.
legislative competence (Articles 245-255), and
Q30:
amendment procedures (Article 368), establishing
 Constitutionalism: Government authority is
its framework and the Constitution's supremacy.
derived from and limited by the fundamental law
Without the Constitution, Parliament wouldn't
(Constitution).
exist in its current form.
 State should operate within constitutional
 The Constitution was adopted by the Constituent
boundaries.
Assembly, not a national referendum.
 No government organ or officeholder has
 The principle that Parliament cannot alter the
unlimited or arbitrary power.
basic structure was established by the Supreme
 Rule of law (equality before law, prevents
Court in the Kesavananda Bharati case (1973), not
arbitrary power) supports constitutionalism by
explicitly stated in the Constitution.
ensuring government actions are lawful and
 The Constitution's higher authority stems from
protect rights.
being the fundamental law defining and limiting
 A responsible government (accountable
all institutions' powers, including Parliament, not
executive) aligns with constitutionalism by
just the fact that the Constituent Assembly
preventing arbitrary executive action through
enacted it first.
transparency and answerability.
 An independent judiciary (free from external Q34:
influence) is crucial for constitutionalism as it acts  The Preamble is a brief introduction outlining the
as the guardian of the constitution, ensuring laws Constitution's objectives, values, and philosophy.
and actions conform to its principles.  Declares India a Sovereign, Socialist, Secular,
Q31: Democratic Republic, ensuring justice, liberty,
 Separation of Powers: Division of government
equality, and fraternity.
functions (legislative, executive, judicial) among
 Not legally enforceable but serves as a guiding
different organs.
beacon.
 Acts as a safeguard of liberty in a liberal democracy.
 Adopted on November 26, 1949, and inspires
 Minimizes arbitrary excesses of government.
constitutional interpretation.
 Each organ acts as a check and balance on others.
 Amendment of the Preamble requires a special
 Prevents concentration of excessive power.
majority of Parliament (majority of total members
 Helps protect liberty and rights of the people.
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TEST- 1 | CODE-221101 | POLITY | TEST DATE- 26 DEC 2024 |FORUM IAS SFG LEVEL 1 SHORT NOTES
and 2/3 of those present and voting), clarified in  Bicameralism (two Houses of Parliament: Rajya
the Kesavananda Bharati case. Sabha and Lok Sabha) was adopted from the
 The Preamble has been amended only once, by British Constitution. Rajya Sabha represents
the 42nd Constitutional Amendment Act (1976), states, Lok Sabha represents the people, and Rajya
adding "Socialist," "Secular," and "Integrity." Sabha maintains federal equilibrium.
Q35: Q39:
 The Independence Act, 1947, was a British Act that  Democracy: Form of government where rulers are
partitioned British India into India and Pakistan. elected by the people, and final decision-making
 The Act did not lay down a constitution for either power rests with them.
dominion.  Democracy requires free and fair elections with a
 It provided for the establishment of constituent real choice between political alternatives, allowing
assemblies in each dominion to frame their own people to remove existing rulers, held regularly.
constitutions.  Democracy is based on political equality: each
Q36: adult citizen has one vote, and each vote has one
 Doctrine of Basic Structure: Certain fundamental value.
features of the Constitution cannot be altered by  A written constitution is not mandatory for a
amendments. democracy (e.g., UK has an unwritten one), though
 Established in Kesavananda Bharati v. State of constitutions (written or unwritten) set limits on
Kerala (1973). government powers.
 Parliament can amend but not change the "basic Q40:
structure."  Article 5-11 deals with Citizenship laws.
 Secularism recognized as part of the basic  The Citizenship Act 1955 provides three ways for
structure in S.R. Bommai v. Union of India (1994). termination of citizenship: renunciation,
 Free and fair elections upheld as a basic feature in termination, and deprivation.
Indira Gandhi v. Raj Narain (1975).  A minor child of someone renouncing citizenship
 Harmony and balance between Fundamental Rights also loses it, but can reclaim it at 18.
and DPSP are part of the basic structure (Minerva  Voluntary renunciation during wartime can be
Mills case, 1980), but Fundamental Rights are not withheld by the Central Government.
superior to DPSPs under this doctrine. Parliament  The Central Government can compulsorily
cannot give absolute primacy to DPSPs over terminate citizenship if a person is imprisoned for
Fundamental Rights. two years in any country within five years of
 Unity and integrity of India declared part of the registration or naturalization.
basic structure in Raghunath Rao case (1993).  Being charged with sedition is not a direct ground
Q37: for loss of Indian citizenship under the Act.
 Adult Suffrage: Right of all adult citizens to vote  Deprivation grounds (mandatory revocation):
regardless of race, gender, caste, religion, or Fraudulent acquisition, disloyalty to the
economic status (minimum age, typically 18, and Constitution, unlawful trade with enemy during
not legally barred). war, imprisonment for 2 years within 5 years of
 Finland (1906) was the first to adopt universal registration/naturalization, continuous residence
adult suffrage, not the USA. India adopted it in outside India for 7 years.
1950. Q41:
 The Nehru Report of 1928 proposed universal Democracy
adult suffrage for all citizens, including women.  "Power of the people" (Greek: demos + kratos).
 Article 326 of the Indian Constitution explicitly  Relies on the "will of the people."
grants adult suffrage (age 18+) for Lok Sabha and  More than just voting; requires active participation.
State Assembly elections without discrimination  Based on "consent" and participation.
(unless disqualified due to non-residence, unsound  Requires "intelligence and character of common
mind, crime, or corrupt practices). people."
Q38: Parliamentary form of government/cabinet form Q42:
adopted from the British Constitution. The council Regulating Act of 1773
of ministers (cabinet) is the nucleus of power and  First British Parliament act to control East India
is accountable to the Lok Sabha (responsible Company.
government).  Laid foundations for central administration in India.
 'Prerogative Writs' (habeas corpus, mandamus,  Established Supreme Court at Calcutta (1774).
prohibition, certiorari, quo warranto) were  Amending Act of 1781 exempted Governor-
borrowed from the British Constitution. General and Council from Supreme Court's
jurisdiction for official acts.
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TEST- 1 | CODE-221101 | POLITY | TEST DATE- 26 DEC 2024 |FORUM IAS SFG LEVEL 1 SHORT NOTES
 Prohibited Company servants from private trade
Aims for individual rights, social justice, religious
and accepting bribes.
freedoms.
Q43:
 Indian secularism has "principled distance" (state
Constituent Assembly Committees
can engage/intervene), unlike strict separation in
 States Committee: Jawaharlal Nehru (integration of
Western secularism. Article 25 allows state
princely states).
regulation of secular activities associated with
 House Committee: B. Pattabhi Sitaramayya (day-to-
religion.
day administration).
 Constitution (Articles 25-28) ensures religious
 Provincial Constitution Committee: Sardar
freedom for individuals and communities.
Vallabhbhai Patel (state government provisions).
 Article 30 gives religious/linguistic minorities the
Q44:
right to establish and administer educational
Reorganisation of States
institutions, with state non-discrimination in aid.
 Governed by Article 3 of the Constitution.
 Article 16 prohibits religion-based reservations in
 Parliament has authority to form new states, alter
public employment (except for incumbents of
boundaries/names/areas.
religious institution offices).
 Bill requires prior President's recommendation.
Q49: C
 President refers bill to concerned state legislature
 Indian Constitution synthesizes British
for views (not binding).
parliamentary sovereignty and American
 Requires simple majority in Parliament (not special
judicial supremacy, adopting Constitutional
majority under Article 368).
Supremacy.
Q45:
 Indian SC's judicial review is narrower than US SC
Economic Justice
due to "procedure established by law" (India) vs.
 Non-discrimination based on economic factors.
"due process of law" (USA).
 Aims to eliminate wealth/income/property
 British Parliament is fully sovereign. Indian
inequalities.
Parliament's amendment power is limited by the
 Part of "distributive justice" (social + economic).
SC's basic structure doctrine.
 "Justice" in Preamble: social, economic, political.
Q50: B
 Concept in Directive Principles of State Policy (e.g.,
 NRI (Non-Resident Indian): Indian citizen outside
Article 39).
India for >182 days in the preceding financial year.
Q46:
 OCI (Overseas Citizen of India): Foreign national
 Minerva Mills case (1980) reaffirmed the basic
(except Pakistan/Bangladesh) eligible for Indian
structure doctrine and the balance between
citizenship on Jan 26, 1950, or was a citizen
Fundamental Rights (Part III) and Directive
afterwards (including descendants). OCI status
Principles (Part IV). Destroying this balance
doesn't depend on stay duration.
violates the basic structure.
 OCIs get lifelong visa and are exempt from FRRO
 LIC of India Case (1995) reaffirmed the Preamble
registration for any stay length. NRIs need FRRO
as an integral part. Gopalan case (1950) held
registration for stays >180 days.
Article 21 protection was against arbitrary
 NRIs can vote only if physically present in their
executive action, not legislative.
constituency. OCIs cannot vote, hold constitutional
 Berubari Union case (1960) initially said the
positions, or government employment.
Preamble wasn't part of the Constitution but was
 NRIs can buy non-agricultural immovable property.
overruled by Kesavananda Bharati case (1973),
OCIs have parity with NRIs in economic, financial,
which declared it an integral part reflecting basic
and educational fields but also cannot acquire
philosophy.
agricultural land, etc. OCIs have visa-free travel
and can work/study in India.
Q47:
 Interim Government of 1946: Formed under
Cabinet Mission Plan for power transfer (Sept 1946
- Aug 1947). Included INC, Muslim League, others.
 Dr. Rajendra Prasad - Food and Agriculture.
 Jagjivan Ram - Labour.
 C. Rajagopalachari - Education and Arts.
 Joginder Nath Mandal - Law; Baldev Singh -
Defence.
Q48: B
 Indian Secularism: 'Sarva-dharma Samabhava'
(equal respect). Positive secularism (state can
intervene in religious practices for social good).
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TEST- 2 | CODE-221102 | POLITY | TEST DATE- 27 DEC 2024 |FORUM IAS SFG LEVEL 1 SHORT NOTES
Q1:  Quo Warranto inquires into the legality of a
 Justice K.S Puttaswamy vs. Union of India (2017): person holding public office without entitlement,
Supreme Court unanimously declared privacy a preventing illegal usurpation. Certiorari issued by
fundamental right under Article 21 (right to life higher court to lower court/tribunal to transfer a
and personal liberty). case or quash an order; since 1991, can also be
 Right to privacy is not absolute and subject to against administrative authorities affecting
reasonable restrictions. individual rights.
Q2: Q5:
 National Emergency (Article 352): Declared by against
President due to threat to India's security (war, judicial and quasi-judicial authorities.
external aggression, armed rebellion) or imminent
danger.
 President can proclaim emergency only after
written recommendation from the Union Cabinet
(introduced by 44th Amendment, 1978).
 Proclamation needs approval by both Houses of
Parliament within one month. Approved
emergency lasts for six months and can be
extended indefinitely with parliamentary approval
every six months. The maximum life can be more
than 6 months depending on when both houses
approve.
 During national emergency, Parliament can make
laws on State List (Article 250), but state
legislature's power is not suspended, only
overridden by Parliament.
 President can revoke a national emergency at any
time by subsequent proclamation without
parliamentary approval.
Q3:
 Preventive Detention: Detaining without trial
based on suspicion to prevent potential harm
(Article 22).
 Parliament has exclusive power for detention
related to defence, foreign affairs, security of
India. Both Parliament and state legislatures can
make laws for state security, public order,
essential supplies/services.
 Preventive detention cannot exceed three months
unless an advisory board (High Court judges or
qualified) reports sufficient cause for extension.
 Detaining authority must communicate grounds of
detention and provide earliest opportunity for
representation (Article 22(5)). There's an
exception (Article 22(6)) not to disclose facts if
against public interest, but it's not a general
Q4: exemption.

 Writs for Fundamental Rights Enforcement:

Supreme Court (Article 32) and High Courts (Article
226).
 Mandamus compels a public
official/body/inferior court/tribunal/government
to perform legal duty infringing on individual
rights. Cannot be issued against private
individuals.
 Prohibition issued by higher court (HC/SC) to
lower court/tribunal exceeding jurisdiction. Only
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 R able to a British citizen in India: caste, sex, or place of birth.
i o Equality before the law (Article  Supreme Court in D.P. Joshi vs State of Madhya
g
14) Pradesh (1955) clarified that place of birth and
h
t o Protection of life and place of residence are different, allowing states to
s personal liberty (Article differentiate based on residence.
a 21)
B o Freedom of religion (Articles
r 25-28)
i
Q6:
t
i Right to Property: Currently a legal right
s (Article 300A), available to any person
h (citizen or non-citizen). Originally a
c Fundamental Right.
i
t  Right to property is a legal right
i available to all persons, including
z non-citizens.
e  Supreme Court in 1973 said
n Right to Property wasn't part of
i
n basic structure. 44th
I Amendment (1978) removed it
n from Fundamental Rights and
d made it a legal right under
i Article 300A.
a
c Q7:
a  Directive Principles of State
n Policy (DPSP): Part IV (Articles
n 36-51), guides state policy.
o  Fundamental Duties: Part IVA
t
c (Article 51A), added by 42nd
l Amendment (1976), reminds
a citizens of their duties.
i  Protection of environment in
m
both DPSP (Article 48A) and
:
Fundamental Duties (Article
o
51A(g)).
 Child education in both DPSP
(Article 45) and Fundamental
Duties (Article 51A(k)).
 Promotion of international
peace is only in DPSP (Article 51),
not in Fundamental Duties. Q8:

 Natural Rights: Rights believed

to be inherent from birth ("God-
given"). Exist before the state.
State cannot create or take them
away ("inalienable").
 17th-18th century theorists:
rights from natural law (not
rulers/society).
 Identified three natural rights: life,
 R liberty, property.
i  Used to oppose arbitrary state
g power and safeguard individual
h freedom.
t Q9:
s  Article 15 (Prohibition of
a Discrimination): State cannot
v discriminate against citizens on
a
grounds only of religion, race,
il
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TEST- 2 | CODE-221102 | POLITY | TEST DATE- 27 DEC 2024 |FORUM IAS SFG LEVEL 1 SHORT NOTES
 Article 15(1) prohibits discrimination by the State.  If a state fails to comply with Centre's directions
Article 15(2) prohibits discrimination by both the (Article 365), President can deem constitutional
State and private individuals regarding access to machinery breakdown and impose President's
public places. Rule.
Q10:  President's Rule (Article 365) is for constitutional
 'Audi alteram partem': Fundamental principle of machinery breakdown, not ordinary law and order
natural justice meaning "hear the other side" or issues (S R Bommai case, 1994).
"let the other party be heard."  S.R. Bommai case (1994): Judicial review of
 Ensures a fair opportunity to present one's case President's Rule established strict guidelines against
before condemnation or penalty. arbitrary use.
 Central to fair legal and administrative proceedings. Q14: C
 Emphasizes impartiality, fairness, and the right to a
 Untouchability (Article 17): Enforcement of
fair hearing.
disability arising from it is an offense punishable by
 'Nemo judex in causa Sua': Another principle of
law.
natural justice meaning "no one shall be a judge in
 "Untouchability" is not defined in the Constitution
their own case." Safeguards fairness by
or the Protection of Civil Rights Act, 1955.
eliminating conflicts of interest.
 Protection of Civil Rights Act 1955 prescribes
Q11.
imprisonment up to 6 months and fine for
 Justice K.S Puttaswamy vs. Union of India (2017):
enforcing disabilities of untouchability.
Supreme Court unanimously declared privacy a
 Section 8(1)(b) of Representation of People Act,
fundamental right under Article 21 (right to life
1951, disqualifies those convicted for
and personal liberty).
preaching/practicing untouchability from being
 Right to privacy is not absolute and subject to
MPs/MLAs.
reasonable restrictions.
 "To strive towards the abolition of untouchability" is
not a Fundamental Duty.
Q12: Q15: B
 Article 21 (Protection of Life and Personal  Directive Principles of State Policy (DPSP): Part IV
Liberty): Described by SC as "heart of Fundamental (Articles 36-51).
Rights," crucial in a democracy.  Aim for socio-economic justice and a Welfare State.
 Maneka Gandhi Case (1978): Article 21 includes  Comprehensive economic, social, and political
rights essential for living with dignity ("inferred program for a modern democratic state.
rights").  Aim to realize Preamble's ideals (justice, liberty,
 Landmark rulings expanded Article 21 to include: equality, fraternity).
o Right to live in a pollution-free  Embody "welfare state" concept (not "police
environment (M.C. Mehta vs. Union of state").
India, 1987).  Seek to establish economic and social democracy.
o Right to livelihood (Olga Tellis v. Bombay Q16: C
Municipal Corporation, 1985).  Fundamental Rights (Part III): Protect freedoms,
o Right to privacy (Justice K.S. Puttaswamy promote equality and justice.
v. Union of India, 2017).  Article 19(1)(c) (right to form associations/unions,
o Right to marry a person of one's choice including trade unions) is a Fundamental Right,
(Lata Singh vs State of Uttar Pradesh). subject to reasonable restrictions (Article 19(4)).
 Reflects the Constitution's evolving nature through  Right to strike is a statutory right under the
judicial interpretation. Industrial Disputes Act, 1947, not a Fundamental
Q13: Right.
 Article 355: Centre's duty to ensure state  Minority communities have Fundamental Rights to
governance aligns with the Constitution. conserve their language/script/culture (Article
 Article 356 (President's Rule): Centre can take 29(1)) and freedom of
over state government if constitutional machinery speech/expression/assembly (Article 19(1)(a) &
fails (based on Governor's report or other means). (b)), subject to restrictions (Articles 19(2) & (3)).
 President's Rule can be imposed if President is  Article 19(1)(e) guarantees the right to reside and
satisfied state governance cannot be settle in India, with exceptions for public interest
constitutionally carried out (Article 356(1)). and protection of Scheduled Tribes (Article 19(5)).
 CM resignation isn't necessarily grounds for Q17:
President's Rule if an alternative majority  Financial Emergency (Article 360): Declared to
government can be formed. safeguard financial stability.

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 During financial emergency, Union executive can  Based on adult suffrage (18 years and not
direct states on financial propriety and issue disqualified).
necessary directions (Article 360(3)), including  Section 62 of Representation of the People Act,
borrowing conditions. 1951: Enrolled voter can vote in that constituency.
 Centre can direct state Governors to reserve Q22:
money/financial bills for Presidential consideration  Right to Freedom (Articles 19-22):
(Article 360(4)). o Article 19: Protection of 6 freedoms
 President's power to modify revenue distribution (speech, assembly, association,
between Centre and states is during National movement, residence, profession) - for
Emergency (Article 354), not Financial Emergency. citizens.
Such orders need to be laid before Parliament. o Article 20: Protection regarding conviction
Q18: for offenses.
 Directive Principles of State Policy (DPSP): Part IV o Article 21: Protection of life and personal
(Articles 36-51), ideals for state policy towards a liberty (broadly interpreted).
welfare state. Some added by amendments. o Article 21A: Right to Education (6-14
 Article 39A (equal justice and free legal aid) added years).
by 42nd Amendment (1976). o Article 22: Protection against arrest and
 Article 43A (workers' participation in detention in certain cases.
management) and Article 48A (environment and  Right to Education (Article 21A): Fundamental
wildlife protection) were both added by the 42nd right for children 6-14 years (86th Amendment,
Amendment (1976). 2002).
 Article 45 (early childhood care and education
 Other Rights:
below 6 years) amended by 86th Amendment
o Right against Exploitation (Articles 23-24):
(2002), which also made free and compulsory
Prohibits trafficking, forced labor, child
education for 6-14 years a Fundamental Right
labor.
(Article 21A).
o Cultural and Educational Rights (Articles
Q19: B
29-30): Preserves minority culture, allows
 Fundamental Duties (Article 51A): Eleven duties,
minority institutions.
not in original Constitution. Added by 42nd (1976)
o Right to Equality (Articles 14-18): Equality
and 86th (2002) Amendments.
before law, prohibits discrimination,
 There are eleven Fundamental Duties (ten by abolishes untouchability/titles.
42nd, one by 86th). Q23:
 Fundamental Duties are non-justiciable (not  Right to Freedom of Religion (Articles 25-28):
directly enforceable), but Parliament can legislate  Article 25 allows reasonable restrictions on religious
to enforce them (e.g., Prevention of Insults to practices for public order, morality, health, and
National Honour Act, 1971). other Fundamental Rights.
 Fundamental Duties are confined to citizens only,  Article 25 grants individuals the right to propagate
not foreigners. their religion peacefully.
Q20: B  Article 27 prohibits using tax revenue to fund
 Article 51A (Fundamental Duties): List of eleven religious activities/institutions (prohibits tax, not
duties. fee).
 Genesis traced to USSR Constitution. Major  Article 28(1) prohibits religious instruction in
democratic countries (USA, Canada, etc.) don't have wholly state-funded institutions. Article 28(2)
a specific list of duties. exempts institutions administered by the state but
 Added by 42nd Amendment (1976) (ten duties) established under a trust requiring religious
and later the 86th Amendment (2002) (one more instruction.
duty). Based on Swaran Singh Committee Q24:
recommendations.  Fundamental Rights (Part III) are enforceable by
 Fundamental Duties can help courts determine the judiciary (writs under Articles 32 & 226), restrict
constitutional validity of a law (Mohan Kumar executive/legislature. Example: striking down
Singhania case, 1991). Laws aiming to give effect discriminatory laws.
to duties may be considered "reasonable."  DPSPs (Part IV) are not enforceable by judiciary
Q21: (Article 37), act as guidelines for socio-economic
 Right to Vote: Constitutional Right under Article
justice, aim to direct policy but don't directly
326.
restrict executive/legislature. Courts can use them
 Granted to every Indian citizen. for interpretation.
 Fundamental Duties (Article 51A) are moral
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