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  • Polity Titbits: Fundamental Rights and DPSP, Fundamental Duties

     

    16th Apr 2021

    Fundamental Rights

    Fundamental rights Constitutional rights Legal rights
    Included in part 3 (magna carta of India) of constitution Not in part 3 Not in constitution
    Can directly move supreme court for enforcement under article 32 no no
    Parliament can abridge these rights only in very special circumstances Can be abridged by constitutional amendment By simple legal amendment
    6 Rights included in part 3 No taxation with authority (278),Right to property (Art 300A), freedom to trade (art 301) Right to employment under MGNREGA

    Amendability of Fundamental rights

    Article 13 Laws inconsistent with part 3 (FRs) null and void
    Shankari Prasad Case Amendment under article 368 not law, can be amended
    Golaknath case Law, can not be amended
    Kesavananda Bharati (24/04/73) Not law, can be amended but basic structure can’t be amended
    Minerva mills case Basic structure can’t be amended to implement DPSP

    Special cases

    Fundamental rights not available to foreigners Article 15, 16, 19, 29, 30
    Available against private citizens Article 17
    Suspended automatically during an emergency on grounds of war or external aggression Article 19
    Can’t be suspended even during emergency Article 20,21
    Against exploitation Article 23, 24
    Most fundamental of FRs/ Right to constitutional remedies Article 32

    Procedure Established by Law v/s Due Process

    Procedure Established Due Process
    British, Japanese American constitution
    Arbitrary Administrative actions Arbitrary administrative as well as legislative
    A. K. Gopalan case Maneka Gandhi
    Action according to procedure established by law Law must also be just fair and reasonable

    Titbits:

    1. FRs are not absolute. Parliament can impose reasonable restrictions.
    2. Right to property (art 31) has been deleted from part 3 by 44th amendment and is now a constitutional right under art 300A
    3. Article 31B put acts include under 9th schedule (added by 1st CAA) outside judicial review
    4. But Matters added to 9th schedule after 24th April 1973 (Kesavananda Bharati Case) are not immune to judicial review (I.R. Coelho case)

    DPSPs

      DPSP FRs
    Taken from Ireland America
    Part of constitution Part 4 Part 3
    Legal validity Non-justiciable Justiciable
    Aim Social and Economic Democracy (welfare state) Political democracy

     

    (limit state power)
      Fundamental to governance of country (instrument of instructions under GOI act 1935)  

    Titbits:

    1. DPSPs can be classified into socialist, Gandhian and liberal – intellectual categories
    2. 42nd, 44th, 86th and 97th amendment added new DPSPs

    Fundamental duties: Learn by heart

    Titbits:

    1. Right and duties are correlative yet the original constitution didn’t have FDs
    2. Part 4A, article 51A of the constitution by 42nd amendment
    3. 11th duty added by 86th amendment in 2002 (education of kids)
    4. Taken from USSR constitution based on Swaran Singh Committee report
    5. Applicable only to citizens not to foreigners
    6. Non-justiciable.
     

  • 15 April 2021 | Nikaalo Prelims Quiz- TS 01 – Polity – Laxmikanth (Up to State Government)

    [WpProQuiz 387]

  • [Prelims Spotlight] Polity Titbits: Fundamentals of Polity and Constitution

    15 Apr 2021

    Form of Government:

    1. Autocracy/ Absolute Monarchy – Concentration of power in one unelected hand
    2. Democracy – government on the basis of elections
    3. Constitutional Monarchy – head of state is king/ queen but acts on the aid and advice of elected council of ministers
    4. Republican Govt.- head of state is elected not a monarch

    Democracy

    Direct -people vote on every issue, they make laws for themselves

    Indirect/ Representative – people choose their representatives who make laws on their behalf

    Referendum -people voting on certain important issues in representative democracies

    Plebiscite – vote where people choose whether or not they want to remain in a state

    In representative democracy

    Written constitution – Laws can not be in violation of constitution. Constitution is supreme. Two types of laws – ordinary laws and constitutional laws

    Unwritten constitution – Laws framed by parliament is supreme i.e parliament is supreme. Ordinary law and constitution law one and the same

    So constitution basically limits the power of state. It has to abide by the constitution

    Who will interpret the constitution – Judiciary. It can review laws and policies of govt – not violative of constitution i.e Judicial review

    Legislature will frame the laws.

    Who will implement – Executive

    Two systems here

    1. Parliamentary form – Executives/ ministers come from Parliament/ must get themselves elected within 6 months.
    2. Presidential form – Executive is not part of legislature
    System of Govt Presidential Parliamentary/ Cabinet form
    Executive Not part of legislature Part of legislature
    Separation of Power Complete Incomplete
    Responsibility to legislature Not responsible Responsible to LokSabha
    Term Fixed term of both legislative and executive Loksabha and cabinet can be dissolved any time
    Govt and state Both head of govt and state Head of state, head of govt is PM, real power vests in PM

    Titbits

    1. In parliamentary form, head of government is prime minister while head of state is president (republic) or monarchy (constitutional monarchy) whereas president is both head of government as well as head of state in presidential form
    2. Incomplete separation of power in parliamentary form; complete separation of power in presidential form

    Form of Govt

    1. Unitary – Only 1 tier of govt for the whole country. Units do not get any power directly from the constitution. There may be local bodies and provinces but parliament delegates power to them
    2. Federal – more than 1, generally 2 tier. Units i.e states/ provinces derive power directly from the constitution

    Shades of Federalism:

    Federal features Unitary features
    Written constitution Area, names, boundaries of states can be changed
    Dual govt, Separate lists – union, state and concurrent Governor
    Judicial review Integrated and unified Judiciary – Supreme court at top
    Rigid constitution – when amending articles having interest of state Emergency provisions
    Bicameral legislature – RS is council of state CAG, EC, All India services, Single citizenship, single constitution

    Note:

    1. Federal government is possible only in countries with written constitution
    2. 3rd tier of governance i.e Panchayati Raj and Municipalities is not federalism but more decentralisation and local self governance.

    Various constitutional doctrines

    1. Separation of Powers – among legislative, executive and judiciary so that no one becomes all powerful
    2. Checks and Balances-  among the three: for instance, judicial review is judicial check on executive and legislature
    3. Doctrine of repugnancy – state law on concurrent list liable to be struck down if inconsistent with central law
    4. Doctrine of harmonious reconstruction – Constitutional provisions interpreted not in isolation but to be construed as to harmonize with those other parts
    5. Doctrine of pith and substance – finding out the true nature of a statute, an act or a provision created by the State is valid if the true nature of the act or the provision is about a subject that falls in the State list
    6. Doctrine of colorable legislation- Whatever legislature can’t do directly, it can’t do indirectly It is most commonly applied wrt article 246 (3 lists)when a Legislature does not possess the power to make law upon a particular subject but nonetheless indirectly makes one
    7. Basic Structure – Constitution has some basic structure which can not be amended even if all members of both the house vote to amend that provision (Keshvananda Bharati Case)
    8. Judicial review – Constitutional courts to examine whether laws or policies violate the constitution

    Historical background

    Timeline

    1. Regulating Act, 1773 – Governor of Bengal became Governor General of Bengal (not india) i.e Bombay and Madras presidency subordinate, Supreme court in Calcutta
    2. Pitts Act 1784 – Board of Control for political affairs, 1st time called British Possession in India
    3. Charter Act of 1833 – Centralization complete, Governor General of Bengal became that of India, law member introduced in the council
    4. Charter Act 1853 – Open competition for civil services
    5. Government of India Act 1858 – Act for good govt, abolished EIC, under direct rule of British govt/ crown now, Secretary of state post created
    6. Act of 1861 – Recognition to portfolio system, some indians nominated to council
    7. Act of 1892 – same story
    8. Act of 1909/ Morley – Minto – element of election introduced, 1st Indian in executive council of viceroy, Separate Electorate
    9. Act of 1919/ Montagu – Chelmsford – Dyarchy or dual govt in provinces – transferred and reserved subject, Bicameral legislature
    10. GOI Act 1935 – Federation, Autonomy to provinces, 3 lists, residuary powers in viceroy

    Titbits:

    1. From 1858 under direct control of British govt. Therefore, GOI acts, before that charter act (EIC charter) and regulating act
    2. Concurrent list was borrowed from GOI act 1935 as well as Australian constitution. Residuary power vests with centre now while it vested in viceroy in GOI act 1935
    3. 1st name is secretary of state and 2nd name is viceroy i.e Montagu and Morley are secretaries
    1st Governor General (GG) of Bengal (1773) Warren Hastings
    1st GG of India (1833) William Bentinck
    Last GG and 1st Viceroy (1858) Lord Canning
    1st law member (1833) Macaulay
    1st Indian to Viceroy’s executive council Satyendra Sinha

    Features from other constitution (Only Imp things)

    USA Federalism, Bill of rights, Judicial review, due process of law
    Britain Parliamentary system, Rule of law, Bicameralism
    Russia Fundamental duties, Justice
    France Republic, liberty, equality, fraternity
    Ireland DPSP, Nomination to RS
    Australia Concurrent list, Joint sitting
    Canada Federation with strong centre, residuary powers with centre, office of governor.
  • UPSC mock interview at CivilsDaily on 17-18th April | Book your slot now

    UPSC mock interview at CivilsDaily on 17-18th April | Book your slot now

    Schedule your mock interview with civilsdaily

    Schedule of Special Habitat sessions planned for interviews.

    Upcoming Mock interview and session

    This week’s mock interview dates have been fixed on 17-18th April.

    • Mock interview- 17-18th April (Book your slot)   
    • Time: 10 a.m. – 7 p.m.  
    • Mode: Online 

    Interview slots will be allocated on a first-come, first-served basis.  

    Schedule your mock interview with Civilsdaily

    Panelists for Mock Interviews: 

    1. Shri Shankar Aggarwal, IAS (retd.)
    2. Dr. Noor Mohammad, IAS (retd.)
    3. Shri T. N. Thakur, IAAS (retd.)
    4. Shri V. P. Singh, IRPS
    5. Mrs.Aditi Gupta, Corporate Leadership Specialist 
    6. Prof. U.M. Amin, Jamia Milia University
    7. Mr. Himanshu Arora, Economist, JNU, PMEAC 

    Tentative: Shri Harsh V. Pant (Observer Research Foundation), Shri SN Tripathi, IAS (Director IIPA), Shri Yogesh Narain (Retd. Defence Secretary), Shri Dipankar Gupta (Indian Sociologist), and others.   

     You all are supposed to submit your DAFs and selfie videos answering four questions provided to you. These will form the basis for mock interviews, DAF analysis, and personalized DAF-based questionnaire.  

    About Transcend 2020: IGP mock interviews

    Mock Interviews at Civilsdaily form a crucial part of UPSC interview preparation. The quality and diversity of the panel help prepare an aspirant for the actual interview at UPSC. 

    Aspirants have benefited greatly from the mock interview and the feedback they get from the panel members after their mock interview. At the same time, we work with the aspirants to improve upon the areas highlighted by the panel.

    Aspirants will also get a personalized DAF-based questionnaire based on extensive research and linkages with the issues of national and international importance. 

     Note- For any query/sending DAFs and videos reach out to ajay@civilsdaily.com 

    Special Habitat session for UPSC interviews 2020

    Click here for habitat club for UPSC interviews

    Interview Club on Habitat brings together senior bureaucrats, serving officers, UPSC mentors, toppers and peers under one roof for a collaborative and cohort based learning and preparation for the UPSC interviews.

    From today onwards our we are starting a special session on Habitat’s Transcend: Interview Guidance Club to take up activities directed towards specific dimensions of the Personality Test.

    Habitat session timings: 6-7:30 pm

    Click here for habitat club for UPSC interviews

  • Develop analytical skills for UPSC IAS exam| Analytica by Alankrit Bhatia | Join 2 weeks workshop (link inside)

    Develop analytical skills for UPSC IAS exam| Analytica by Alankrit Bhatia | Join 2 weeks workshop (link inside)

    Enroll here in analytica program

    UPSC IAS is not just about information loading. Whatever you are studying must be analyzed in detail and linked with other topics. Moreover, you must learn how to utilize that information for different stages of the exam.

    Analytical skills help you visualize a problem’s complexity, process and organize it, solve it, make projections and generate new ideas. Analytical thinking involves using existing information to accurately assess situations and provide insight into how different factors interact.

    What is Analytica?

    In this Habitat club by Alankrit sir, you will be developing, learning, and practicing the analytical skills required for UPSC IAS preparation. An engaging discussion around important editorials and articles of the day along with daily worksheets you would be developing these skills.

    • Course fee: Rs 1200 + GST = 1416
    • Course start date: 19th April 2021
    • Duration: 2 weeks (5 days/week)
    • Join free sessions on Habitat general club (3pm).
    • Mode- Chat based

    Program inclusion

    • Important articles/editorials and other documents
    • Daily and a weekly worksheet
    • Twice a day Habitat session.
    • Mentorship by Alankrit Bhatia
    Enroll here in analytica program

    How the discussions will take place?

    The course will proceed by giving 3-5 news articles/topics a day. The links of the articles will be shared in advance. You’ll have to read it before the discussion. We will discuss in the Habitat clubs.

    The students will be encouraged and guided to share their views and
    develop linkages with the topics via the use of questions.

    The objective of the course is not to give a definite content but to make students brainstorm then and there and indulge in making new connections and linkages.

    How Habitat sessions are going to take place?

    Habitat is a chat-based learning platform and here Alankrit sir will be handholding and guiding you all through the course.

    Daily two sessions are planned, first one by Alankrit sir completely and second, driven by peers under the supervision of Alankrit sir.

    How to attend Analytica sessions and join the club?

    Click on the link below. It will take you to the Habitat course page. Click on enroll.

    Enroll here in analytica program

  • Mission Nikaalo Prelims | 60 Day Revision Course with Prelims Spotlight and Free Tests| Starts 15th April

    Mission Nikaalo Prelims | 60 Day Revision Course with Prelims Spotlight and Free Tests| Starts 15th April

    Download PDF Time Table here – Time-Table-Mission-Nikaalo-Prelims

    Dear students,

    We are thrilled to launch the 4th edition of our OPEN Crash Course [Nikaalo Prelims]. The last 3 editions have been immensely helpful to aspirants who wanted a fast-paced revision sequence. With Nikaalo Prelims you get our full commitment for the next 60 days with these 3 things: 

    1. Prelims Spotlight (simplified, synthesized, byte-sized information collated in notes)
    2. Static & CA Tests (alternate days, 20 questions with rich explainers)

    Note: If you want to see how our prelims test series have helped aspirants in the past, both in building capabilities, smart hacks and prediction (relevance), please read on this link

    How is this program any different from the other “x-day revision programs”?

    There are many institutes and websites offering open crash courses (that too for free) and most of them have their heart & efforts in a good place. Like them, we also believed that drawing up a time table and collating questions together in one place will help in an effective revision. Major pillars of the programs are:

    1. Prelims SPOTLIGHT

    This initiative is meant to help you revise details and facts that can be asked in prelims. They are simplified, synthesized and prepared using most authentic sources. These can easily slip your mind or you can easily confuse these. Continuous Revision for the same is required. The themes picked up in the spotlight are not random but after analyzing and scrutinizing the PYQs of several years. Dare you to miss the updates!

    You will get PDFs for these notes. Trust us, less is more. We won’t overwhelm. you with content just coz we can 

    1. Static Subject Revision and Tests 

    The timetable for the static subjects is released. Tests will start on the 6th of March. 

    Coverage and Relevance are the 2 Pillars of our Tests.

    1. You appear for a test every alternate day at 8 PM. 
    2. We believe some breathing time is necessary to ensure consistency and efficiency. Besides, a good revision also requires quality time commitment. 
    3. Instant score after you submit your test with proper explanations for the questions. 
    4. Top 10 Ranks will be announced for every test at the launch of the next test.  
    5. Please ensure you attempt the tests with utmost sincerity.

    Download PDF Time Table here – Time-Table-Mission-Nikaalo-Prelims

    3. Nikaalo Prelims Habitat club

    All material, notes and doubt sessions will take place on Habitat club. Click here to join Nikaalo Prelims Habitat club

    You can also search for 2021 Nikaalo Prelims club on Habitat.

    Keep the Josh High !!!

  • (Reminder) HABITAT SESSIONS: Revealed 2.0 with Zeeshan sir 9:00 pm, and Wordsmith- answer writing with Radhika ma’am 8 pm (Link inside)

    Zeeshan sir and Radhika ma’am will be live on Habitat for free sessions on Habitat. You don’t want to miss out on these sessions.

    Score Boosting Session with Zeeshan sir

    Time: 9:00 pm; Venue: Habitat- General club (Click here for link)

    Wordsmith – Mains answer writing with Radhika ma’am

    Time: 8:00 pm; Venue: Habitat- General club (Click here for link)

    https://youtu.be/iwW1EC0guhU

    Prelims is around the corner and Zeeshan sir is back with his signature sessions on Score Boosting and Tikdams for UPSC IAS prelims exam. These techniques can boost your score by 30 marks. Join Zeeshan sir at 6:30 pm.

    https://youtu.be/VXMazgQJnXw

    While there is no doubt about role of Mains answer writing practice in your UPSC IAS selection, there is a great deal of confusion around how to start it, when to start it and how much to practice? Attend Habitat session by Radhika ma’am to learn and practice the art of answer writing.

    Join Radhika ma’am at 8 pm

    Instructions for joining Habitat

    1. Click here for Habitat
    2. If you haven’t registered already, click on ‘Register a new account’ and enter your details.
    3. Choose a username.
    4. That is it. Welcome to Habitat.

    For access through the Mobile app:

    1. Install the Mobile application (click here) from your Appstore.
    2. Use the same email id and password as you used above.

  • UPSC IAS prelims pattern is changing, are you prepared for 2021 and 2022?| Win over unpredictability! Fill Samanvaya for 1-1 session.

    Discuss the changing trend with us and know how to adapt. Fill this Samanvaya form.

    Samanvaya: FREE 1-ON-1 MENTORSHIP SESSION (click)

    UPSC is evolving. There have been many watershed years where UPSC has changed either its prelims pattern or the nature of the questions like 2013 then 2017 and the most recent one, 2020.

    Clearing this exam would require a certain awareness about this changing trend and an ability to evolve and adapt to these changes. Watch Sajal sir throw some light on this changing trend.

    Samanvaya: 1-to-1 mentorship for IAS 2021-22

    Samanvaya: FREE 1-ON-1 MENTORSHIP SESSION (click)

    UPSC IAS preparation is not just about memorizing and information gathering. Neither is it about mindlessly picking up random NCERTs, standard books or spending 5 hours on the Hindu.

    You got to adapt to succeed and minimize the unpredictability.

    Lack of direction, no guidance, inability to make required necessary changes in their preparation, and an absence of a well-defined strategy are issues you must avoid at any cost.

    Fill the Samanvaya form for a free on-call mentorship and discussion session. We’ll call you within 24 hours.

    Civilsdaily Samanvaya 1-On-1 Mentorship Form

    Field will not be visible to web visitor
    Yes I want Mentorship
    How to prepare for upsc 2021? Strategy for upsc 2021? Answer writing for 2020 Abhishek Saraf rank 8 Civilsdaily
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  • UPSC mock interview at CivilsDaily starting from 11th April – Book your slot now

    UPSC mock interview at CivilsDaily starting from 11th April – Book your slot now

    Schedule your mock interview with civilsdaily

    Schedule of Special Habitat sessions planned for interviews.

    UPSC Interviews 2020 schedule is out and it’s going to start from 26th April. Transcend 2020’s mock interviews will start from 11th April.

    A one-to-one session on DAF analysis with VP sir is also planned for 10th April. You will get an opportunity to discuss your DAF and get an idea on how to improve upon the weak areas. Click here to book your slot.

    About Transcend 2020: IGP mock interviews

    Mock Interviews at Civilsdaily form a crucial part of UPSC interview preparation. The quality and diversity of the panel help prepare an aspirant for the actual interview at UPSC. 

    Aspirants have benefited greatly from the mock interview and the feedback they get from the panel members after their mock interview. At the same time, we work with the aspirants to improve upon the areas highlighted by the panel.

    Aspirants will also get a personalized DAF-based questionnaire based on extensive research and linkages with the issues of national and international importance. 

    Upcoming Mock interview and session

    1-1 session with VP sir: 10th April

    • First mock interview- 11th April (Book your slot)   
    • Time: 10 a.m. – 7 p.m.  
    • Mode: Online 

    Interview slots will be allocated on a first-come, first-served basis.  

    Schedule your mock interview with Civilsdaily

    Panelists for Mock Interviews: 

    1. Shri Shankar Aggarwal, IAS (retd.)
    2. Dr. Noor Mohammad, IAS (retd.)
    3. Shri T. N. Thakur, IAAS (retd.)
    4. Shri V. P. Singh, IRPS
    5. Mrs.Aditi Gupta, Corporate Leadership Specialist 
    6. Prof. U.M. Amin, Jamia Milia University
    7. Mr. Himanshu Arora, Economist, JNU, PMEAC 

    Tentative: Shri Harsh V. Pant (Observer Research Foundation), Shri SN Tripathi, IAS (Director IIPA), Shri Yogesh Narain (Retd. Defence Secretary), Shri Dipankar Gupta (Indian Sociologist), and others.   

     You all are supposed to submit your DAFs and selfie videos answering four questions provided to you. These will form the basis for mock interviews, DAF analysis, and personalized DAF-based questionnaire.  

     Note- For any query/sending DAFs and videos reach out to ajay@civilsdaily.com 

    Special Habitat session for UPSC interviews 2020

    Click here for habitat club for UPSC interviews

    Interview Club on Habitat brings together senior bureaucrats, serving officers, UPSC mentors, toppers and peers under one roof for a collaborative and cohort based learning and preparation for the UPSC interviews.

    From today onwards our we are starting a special session on Habitat’s Transcend: Interview Guidance Club to take up activities directed towards specific dimensions of the Personality Test.

    This week’s schedule for these sessions is as follows:

    • Thursday 08/04/2021: Hobby discussion
    • Friday: Home state discussion
    • Saturday: Prizes, Sports, leadership position
    • Monday: Roleplaying & Situation Reaction Test (SRT)

    Timings: 6-7:30 pm

    Click here for habitat club for UPSC interviews