Prelims tit-bits- Polity part 4

1. Fundamental rights

  • Borrowed from American constitution
  • They promote political democracy while DPSPs promote social and economic democracy
  • Article 15,16,19,29 and 30 are available only to citizens not foreigners
  • Even during national emergency under article 352, article 20 and 21 cannot be suspended under article 359
  • Article 19 is automatically suspended during national emergency according to article 358

Discuss– fundamental rights which can be enforced against private citizens

2. Writs

  • Habeas Corpus–  can be issued against both public authorities and private individuals
  • Mandamus – can not be issued against private individuals
  • Prohibition– can be issued only against judicial, quasi-judicial bodies not administrative bodies
  • Certiorari– against judicial, quasi-judicial as well as administrative bodies but not legislative and private individuals
  • Quo Warranto-  only in case of substantive public office of permanent character not against ministerial or private office

Discuss – meaning of these terms and logic behind these provisions

3. Election of President and VP

  • Nominated members (be they that of RS, LS or state assemblies) don’t take part in Presidential election
  • All elected members of both the houses and state assembles take part in presidential election <MLCs don’t whether elected or nominated>
  • All members of both the houses take part in VP election <nominated plus elected but no role of states>
  • Proportional representation by single transferable vote
  • Votes of all elected members of parliament = votes of all elected members of all legislative assemblies

Discuss- ground on which VP and president can be removed from the office and procedure of removal

4. Evolution of legislature during British rule

  • By act of 1858, British crown directly took over the administration of India, Governor General renamed as Viceroy
  • GOI act of 1909, Morley-Minto reforms introduced the concept of separate electorate
  • GOI act of 1919, Montagu-Chelmsford reforms separated central and provincial subjects and introduced the concept of dyarchy in provinces
  • GOI act of 1935 created 3 lists, federal, provincial and concurrent and provided for provincial autonomy

Discuss– Names of first governor general of Bengal, governor general of India and viceroy

Discuss- With whom did residuary power rest in GOI act of 1935

5. Governors and LGs

  • A governor can be given responsibility of more than one state and UT
  • Governor is appointed and removed by president, there’s no ground mentioned for removal
  • CMs of state are appointed by governor while CMs of UTs are appointed by president not LG

Discuss– but Kejriwal was given oath of office by Mr. Jung. How is it possible then?

Discuss– Pleasure doctrine for removal of governor v/s AG v/s Civil servants

 

By Dr V

Doctor by Training | AIIMSONIAN | Factually correct, Politically not so much | Opinionated? Yes!

1 Comment
Oldest
Newest Most Voted
Inline Feedbacks
View all comments