Cse-I-Constitution of India & Professional Ethics (15cip18) - Notes

Constitution of India, Professional Ethics & Human Rights 15CPc18
CONSTITUTION OF INDIA, PROFESSIONAL ETHICS
SYLLABUS
Subject Code: 15CPH18 I A MARKS: 10
Module 1
No. of lecturing hours/week: 2Hrs Exam hours: 2 Hrs
Total No. of lecturing hours: 25Hrs Exam Marks: 40
UNIT I
Introduction to the Constitution of India, The Making of the Constitution and Sailent features of the
Constitution 2Hours
UNIT II
Preamble to the Indian Constitution Fundamental Rights & its limitations 3Hours
Module 2
UNIT III
Directive Principles of State Policy & Relevance of Directive Principles State Policy Fundamental
Duties 3Hours
UNIT IV
Union Executives – President, Prime Minister Parliament Supreme Court of India 3Hours
Module 3
UNIT V
State Executives – Governor Chief Minister, State Legislature High Court of State 2Hours
UNIT VI
Electoral Process in India, Amendment Procedures, 42nd, 44th, 74th, 76th, 86th &91st Amendments
3Hours
Module 4
UNIT VII
Special Provision for SC & ST Special Provision for Women, Children & Backward
Classes Emergency Provisions, Human Rights –Meaning and Definitions, Legislation Specific
Themes in Human Rights- Working of National Human Rights Commission in India 3Hours
UNIT VIII
Powers and functions of Municipalities, Panchyats and Co - Operative Societies
Human Right 2Hours
Module 5
UNIT IX
Scope & Aims of Engineering Ethics, Responsibility of Engineers Impediments to Responsibility.
2Hours
UNIT X
Risks, Safety and liability of Engineers, Honesty, Integrity & Reliability in Engineering
3Hours
UNIT XI
Cyber Crimes and cyber Laws
Course objectives:
1. To provide basic information about Indian constitution.

2. To identify individual role and ethical responsibility towards society.
3. To understand human rights and its implications
Course outcomes:
After study of the course, the students are able to

 Have general knowledge and legal literacy and thereby to take up competitive examinations
 Understand state and central policies, fundamental duties
 Understand Electoral Process, special provisions
 Understand powers and functions of Municipalities, Panchayat and Co operative Societies.
 Understand Engineering ethics and responsibilities of Engineers.
 Have awareness about basic human rights in India
Dept. of humanities.,MITM Page 2

Constitution of India, Professional Ethics & Human Rights 15CPH18
Text Book
 Durga Das Basu ‘Introduction to the Constitution of India’ (Students Edn.) Prentice Hall EEE –
2001

 ‘Engineering Ethics’ by Charles E Haries, Michael. S Pritchard and Michael J
Robins Thompson Asia, 2003

 Constitution of India & Professional Ethics by Raman & Yaji
Reference Books
 ‘An Introduction to the Constitution of India’ by M V Pylee, Vikas Publishing. 2002

  Engineering Ethics ‗ by M Govindarajan, S Natarajan, V S Senthail Kumar, Prentice Hall of
 IndiaPvt Ltd. New Delhi, 2004
 Brij Kishore Sharma,“Introduction to the Constitution of India”, PHI Learning Pvt.
 Ltd., New Delhi, 2011.
 Latest Publications of Indian Institute of Human Rights, New Delhi.

CONTENTS
Module 1
UNIT I
1. Introduction to the Constitution of India,
4-5
2. The Making of the Constitution
4-6
3. Sailent features of the Constitution
6-7
UNIT II
1. Preamble to the Indian Constitution 8-9
2. Fundamental Rights & its limitations 9 - 11
Module 2
UNIT III
1. Directive Principles of State Policy & Relevance of Directive Principles
State Policy 12-13
2.Fundamental Duties 14
UNIT IV
1. Union Executives – President
2. Vice- President 15 - 16
3. Prime Minister 16 - 17
4. Parliament-Loksabha & Rajyasabha 18 - 19
5. Supreme Court of India 19 - 22
22 - 25
Module 3
UNIT V
1. State Executives – Governor
2. Chief Minister 26 - 27
3. State Legislature 27 - 28
4. High Court of State 29 - 30
30 - 32
UNIT VI
1. Electoral Process in India 33
2. Amendment Procedures 34
3. 42nd, 44th, 74th, 76th, 86th &91st Amendments 35 - 36
Module 4
UNIT VII
1. Special Provision for SC & ST 38 - 39

2. Special Provision for Women, Children & Backward Classes 39 - 42
3. Emergency Provisions 42 - 43
UNIT VIII
1. Powers and functions of Municipalities,
2. Powers and functions of Panchyats 45
3. Powers and functions of Co - Operative Societies 46 - 47
47 - 48
Module 5
UNIT VII
1. Scope & Aims of Engineering Ethics,
2. Responsibility of Engineers 50 - 52
3. Impediments to Responsibility 52 - 54
54 - 56
UNIT VIII
1. Honesty, Integrity & Reliability in Engineering 57 - 59

2. Risks & Safety of Engineers 59 - 61

Module 1
UNIT I
Introduction
The constitution was passed by the Constituent Assembly on 26 Nov 1949 and is fully applicable
since 26 Jan 1950. Thanks to the help of Prof. K.B. Agrawal, the ICL-Edition of the Constitution now
incorporates all amendments until and including the 78th amendment (1995) [30 Aug 1995]; there are
no newer amendments until Dec 1996. Amendments after Dec 1996 have not yet been included.
India is a federal democratic republic of 25 states and seven Union Territories. Each state is
administered by a Governor appointed by the President while each Union Territory is administered by
the President through a Minister. The bicameral parliament is composed of the Council of States, Rajya
Sabha, and the House of the People, Lok Sabha. The Council of States will consist of 250 members out
of which the President of India will nominate 12 persons having special knowledge or practical
experience in respect of literature, art, science and social service. The remaining 238 seats are to be
filled in by the persons to be elected by the legislative assemblies of their respective states in staggered
re-elections of one-third every second year. The House of People is composed of 550 members, i.e.,
530 members from the States and 20 members from the Union Territories.
The states of Bihar, Jammu and Kashmir, Karnataka, Maharshtra, and Uttar Pradesh have
bicameral legislatures while the other 20 states have unicameral legislatures. Upper houses (Legislative
Councils) are re-elected to one-third of their members every two years. Legislative Assemblies are
chosen by direct election.
There are some extraordinary features of the Indian system of government. For example, the
Constitution encourages the states to introduce the prohibition. The states of Andhra Pradesh, Manipur,
and Haryana have already banned the production, possession, and consumption of alcohol.
Commencement:
The provisions relating to Citizenship, elections, provisional Parliament, temporary and
transitional positions were given immediate effect on The 26 th Nov.1949. While the rest of the
Constitution came into force on the 26th Jan. 1950. And this date is referred to in the Constitution as
The Date of its Commencement.
Making of The Constitution
The Constituent Assembly which had been elected for undivided India and held its first sitting
on 9 Dec.1946, re-assembled on the 14th August 1947, as The Sovereign Constituent Assembly for
th
the dominion of India. In regard to its composition the members were elected by indirect election by
the members of The Provisional Legislative Assemblies (lower house only). According to the schemes
recommended by the Cabinet the essentials of the Schemes were as follows: -
1. Each Province and each Indian State or group of States were allotted the total no. of eats
proportional to their respective population roughly in the ratio of 1:1000000. As a result The Provinces
were to elect 292 members while the Indian States were allotted a minimum of 93 seats.
2. The seats in each Province were distributed among the three main communities, Muslims, Sikh and
general, in proportion to their respective populations.
3. Members of each community in the Provisional Legislative Assembly elected their own
representatives by the method of proportional representations with single transferable vote.
4. The method of selection in the case of representatives of Indian States was to be determined by
consultation.
Unfortunately as a result of a partition under the plan of June3, 1947.The territories, which fell
under Pakistan and those members who were part of The Constituent Assembly, ceased to be members
of the Constituent Assembly, which re-assembled on the 31st Oct.1947. The members of the house was
reduced to 299 of these 284 was actually present on the 26 th Nov. 1949 and appended their signature to
the Constitution as finally passed.
Historical retrospect Events Prior to the Framing of the Constitutions Battle of Plassey 1757. Battle of
Buxar 1764. After these two battles the East India Co Became the rulers.
Mile stones in the Development of Constitution:

1. Mile stones in the Development of Constitution

The Regulating Act 1773. The Charter Act 1793. The Charter Act 1813. The charter Act 1833.
The charter Act 1853.
2. British Paramountcy End of company rule:

British Paramountcy End of company rule The First war of independence 1857. The Govt. of
India Act 1858. The Indian Councils Act 1861. Formation of Indian National Congress in 1885.
The Indian Councils Act 1892. The split of Congress and demand for swaraj ( self - Rule)
3. Congress in Extremist phase:

Congress in Extremist phase The Govt. of India Act 1909. The Govt. of India Act 1919. Jallian
wallah Bagh tragedy 1919.
4. Advent of Gandhiji:
Advent of Gandhiji Non Co-operation Movement 1920. Simon Commission 1927. Nehru
Report 1928. Civil disobedience 1930.
5. Govt. of India Act 1935 Back bone of our Present Constitution:

Govt. of India Act 1935 Back bone of our Present Constitution Federation and provincial
autonomy. Dyarchy at the centre. A bicameral Central legislature created. Distribution of
powers between centre and provinces.
6. Demand for a constituent assembly :

Demand for a constituent assembly The Act of 1935 failed to satisfy the Indian aspirations. In
1938, Pandit Nehru formulated the demand for constituent assembly.
7. Cripps Mission Acceptance of demand:

Cripps Mission Acceptance of demand Cripps mission came in 1942 and recognised the
demand that. a constitution to be framed by an elected constituent assembly. India to be given a
dominion status. Cripps proposal were rejected Gandhi ji started Quit India Movement in 1942.
8. Cabinet Mission 1946 formation of Constituent assembly:

Cabinet Mission 1946 formation of Constituent assembly The cabinet mission provided for an
indirectly elected Constituent assembly. The assembly consisted of total 389 members. 292 to
be elected from provinces. 93 to be nominated from princely states. 4 to be nominated from
chief comm. Areas.
9. Joint Constitution assembly for India & Pakistan.:

Joint Constitution assembly for India & Pakistan. The first meeting of the consembly was held
on Dec. 9, 1946. But it was boycotted by Muslim league. Muslim league demanded a separate
assembly for Pakistan.
10. Mountbatten plan Indian independence Act 1947.:

Mountbatten plan Indian independence Act 1947. On 26 th July 1947 Governor General Lord
Mountbatten announced the setting up of a separate constituent Assembly for Pakistan.
11. Constituent assembly of India:

Constituent assembly of India On 14 th August 1947 the Sovereign con-sembly for India
reassembled. Dr Rajinder Prasad was elected its President. Seven member drafting committee
formed. Dr. B.R. Amdedkar acted as chairman of drafting committee.
12. Drafting of Constitution. :

It took 2 years, 11 months, and 18 days in framing the Constitution. The Constitution was
enacted and adopted on 26 th November 1949. Some of the provisions relating to citizenship,
elections, provisional parliament etc came into force on the same day. Remaining provisions came into
force on 26 th January 1950.
The Constitution of India has some distinct and unique features as compared to other constitutions to
the world. As Dr. B.R. Ambedkar, the Chairman of the Drafting Committee puts it, the framers had
tried to accumulate and accommodate the best features of other constitutions, keeping in view the
peculiar problems and needs of our country.
Salient features of the Constitution of India.
The following are the salient features of the Constitution of India.

1. Longest written constitution

Indian Constitution can be called the largest written constitution in the world because of its
contents. In its original form, it consisted of 395 Articles and 8 Schedules to which additions have been
made through subsequent amendments. At present it contains 395 Articles and 12 Schedules, and more
than 80 amendments. There are various factors responsible for the long size of the constitution. One
major factors was that the framers of the constitution borrowed provisions form several sources and
several other constitutions of the world.
They have followed and reproduced the Government of India Act 1935 in providing matters of
administrative detail. Secondly, it was necessary to make provisions for peculiar problems of India like
scheduled castes, Scheduled Tribes and backward regions. Thirdly, provisions were made for elaborate
centre-state relations in all aspects of their administrative and other activities. Fourthly, the size of the
constitution became bulky, as provisions regarding the state administration were also included. Further,
a detail list of individual rights, directive principles of state policy and the details of administration
procedure were laid down to make the Constitution clear and unambiguous for the ordinary citizen.
Thus, the Constitution of India became an exhaustive and lengthy one.
(2) Partly Rigid and Partly Flexible

The Constitution of India is neither purely rigid nor purely flexible. There is a harmonious
blend of rigidity and flexibility. Some parts of the Constitution can be amended by the ordinary law-
making process by Parliament. Certain provisions can be amended, only when a Bill for that purpose is
passed in each house of Parliament by a majority of the total membership of that house and. by a
majority of not less than two-third of the members of that house present and voting. Then there are
certain other provisions which can be amended by the second method described above and are ratified
by the legislatures of not less than one-half of the states before being presented to the President for his
assent. It must also be noted that the power to initiate bills for amendment lies in Parliament alone, and
not in the state legislatures.
3) A Democratic Republic
India is a democratic republic. It means that sovereignty rests with the people of India. They
govern themselves through their representatives elected on the basis of universal adult franchise. The
President of India, the highest official of the state is elected for a fixed term. Although, India is a
sovereign republic, yet it continues to be a member of the Commonwealth of Nations with the British
Monarch as its head. Her membership of the Commonwealth does not compromise her position as a
sovereign republic. The commonwealth is an association of free and independent nations. The British
Monarch is only a symbolic head of that association.
4) Parliamentary System of Government

India has adopted the Parliamentary system as found in Britain. In this system, the executive is
responsible to the legislature, and remains in power only as long and it enjoys the confidence of the
legislature. The president of India, who remains in office for five years is the nominal, titular or
constitutional head. The Union Council of Ministers with the Prime Minister as its head is drawn from
the legislature. It is collectively responsible to the House of People (Lok Sabha), and has to resign as
soon as it loses the confidence of that house. The President, the nominal executive shall exercise his
powers according to the advice of the Union Council of Ministers, the real executive. In the states also,
the government is Parliamentary in nature.
5) A Federation
Article 1 of the Constitution of India says: - "India, that is Bharat shall be a Union of States."
Though the word 'Federation' is not used, the government is federal. A state is federal when (a) there
are two sets of governments and there is distribution of powers between the two, (b) there is a written
constitution, which is the supreme law of the land and (c) there is an independent judiciary to interpret
the constitution and settle disputes between the centre and the states. All these features are present in
India. There are two sets of government, one at the centre, the other at state level and the distribution
of powers between them is quite detailed in our Constitution. The Constitution of India is written and
the supreme law of the land. At the apex of single integrated judicial system, stands the Supreme Court
which is independent from the control of the executive and the legislature.
6) Fundamental Rights
"A state is known by the rights it maintains", remarked Prof. H.J. Laski. The constitution of
India affirms the basic principle that every individual is entitled to enjoy certain basic rights and part
III of the Constitution deals with those rights which are known as fundamental rights. Originally there
were seven categories of rights, but now they are six in number. They are (i) Right to equality, (ii)
Right to freedom, (iii) Right against exploitation, (iv) Right to freedom of Religion, v) Cultural and
Educational rights and vi) Right to constitutional remedies. Right to property (Article-31) originally a
fundamental right has been omitted by the 44th Amendment Act. 1978. It is now a legal right.
7) Directive Principles of State Policy

A novel feature of the Constitution is that it contains a chapter in the Directive Principles of
State Policy. These principles are in the nature of directives to the government to implement them for
establishing social and economic democracy in the country.
It embodies important principles like adequate means to livelihood, equal pay for both men and
women, distribution of wealth so as to subserve the common good, free and compulsory primary
education, right to work, public assistance in case of old age, unemployment, sickness and
disablement, the organisation of village Panchayats, special care to the economically back ward
sections of the people etc. Most of these principles could help in making India welfare state. Though
not justiciable. These principles have been stated a; "fundamental in the governance of the country".
8) Fundamental Duties
A new part IV (A) after the Directive Principles of State Policy was incorporated in the
constitution by the 42nd Amendment, 1976 for fundaments duties. These duties are:
i) To abide by the Constitution and respect its ideals and institutions, the National Flag and the
National Anthem;
ii) To cherish and follow the noble ideals, which inspired our national struggle for freedom;
iii) To uphold and protect the sovereignty, unity and integrity of India;
iv) To defend the country and render national service when called upon to do so;
v) to promote harmony and the spirit of common brotherhood amongst all the people of India
transcending religious, linguistic, regional or sectional diversities, to renounce practices derogatory to
the dignity of woman;
vi) to value and preserve the rich heritage of our composite culture;
vii) to protect and improve the natural environments including forests, lakes, rivers and wild life and to
have compassion for living creatures;
viii) to develop scientific temper, humanism and the spirit of inquiry and reform;
ix) to safeguard public property and to abjure violence;
x) to strive towards excellence in all spheres of individual and collective activity so that the nation
constantly rises to higher levels of Endeavour and achievement.
The purpose of incorporating these duties in the Constitution is just to remind the people that while
enjoying their right as citizens, should also perform their duties for rights and duties are correlative.
9) Secular State
A secular state is neither religious nor irreligious, or anti-religious. Rather it is quite neutral in
matters of religion. India being a land of many religions, the founding fathers of the Constitution
thought it proper to make it a secular state. India is a secular state, because it makes no discrimination
between individuals on the basis of religion. Neither it encourages nor discourages any religion. On the
contrary, right to freedom of religion is ensured in the Constitution and people belonging to any
religious group have the right to profess, practice or propagate any religion they like.
10) An Independent Judiciary

The judiciary occupies an important place in our Constitution and it is also made independent
of the legislature and the executive. The Supreme Court of India stands at the apex of single integrated
judicial system. It acts as protector of fundamental rights of Indian citizens and guardian of the
Constitution. If any law passed by the legislature or action taken by the executive contravenes the
provisions of the Constitution, they can be declared as null and void by the Supreme Court. Thus, it has
the power of judicial review. But judicial review in India constitutes a middle path between the
American judicial supremacy in one hand and British Parliamentary supremacy in the other.
11) Single Citizenship

The Constitution of India recognises only single citizenship. In the United States, there is
provision of dual citizenship. In India, we are citizens of India only, not of the respective states to
which we belong. This provision would help in promoting unity and integrity of the nation.

UNIT II
PREAMBLE TO THE CONSTITUTION OF INDIA & FUNDAMENTAL RIGHTS
PARTS OF THE CONSTITUTION
The Constitution of India covers a total of 395 Articles in 22 parts. The parts of the Indian
Constitution are mentioned below:
• Part I - The Union and its Territory
• Part II - Citizenship
• Part III - Fundamental Rights
• Part IV - Directive Principles of State Policy
• Part IVA - Fundamental Duties
• Part V - The Union
• Part VI - The States
• Part VII - The States in Part B of the First Schedule
• Part VIII - The Union Territories
• Part IX - Panchayats
• Part IXA - Municipalities
• Part X - The Scheduled and Tribal Areas
• Part XI - Relations Between The Union and The States
• Part XII - Finance, Property, Contracts and Suits
• Part XIII - Trade, Commerce and Intercourse within The Territory of India
• Part XIV - Services Under The Union and The States
• Part XIVA - Tribunals
• Part XV- Elections
• Part XVI - Special Provisions Relating to Certain Classes
• Part XVII - Official Language
• Part XVIII - Emergency Provisions
• Part XIX - Miscellaneous
• Part XX - Amendment of the Constitution
• Part XXI - Temporary, Transitional and Special Provisions
• Part XXII - Short Title, Commencement, Authoritative Text in Hindi and Repeals
SCHEDULES TO INDIAN CONSTITUTION
Schedules to the Constitution of India can be added through the amendments to it. There are
twelve schedules to Constitution of India, which are effective at present, are given below:
• First Schedule: This schedule is about the States and Union Territories of India.
• Second Schedule: In this Schedule, provisions made to the President and the Governors of
States, Speaker and the Deputy Speaker of the House of the People, the Chairman and the
Deputy Chairman of the Council of States, the Speaker and the Deputy Speaker of the
Legislative Assembly, the Chairman and the Deputy Chairman of the Legislative Council of
a State, the Judges of the Supreme Court and of the High Courts and the Comptroller and
Auditor-General of India
• Third Schedule: Forms of Oaths or Affirmations are mentioned in this Schedule.
• Fourth Schedule: This Schedule specifies the allocation of seats in the Council of States.
• Fifth Schedule: Provisions as to the Administration and Control of Scheduled Areas

and Scheduled Tribes are mentioned in this Schedule. The amendment of the schedule is
also included in the Part D of the Schedule.
• Sixth Schedule: This Schedule deals with the provisions as to the Administration of
Tribal Areas in the States of Assam, Meghalaya, Tripura and Mizoram.
• Seventh Schedule: The List I or the Union List, List II or the State List and List III or
the Concurrent List are included in this Schedule.
• Eighth Schedule: The 22 languages selected as the official languages of India are
mentioned in this Schedule.
• Ninth Schedule: Validation of certain Acts and Regulations is dealt with in this Schedule

• Tenth Schedule: Provisions as to disqualification on ground of defection for the Members

of Parliament and Members of the State Legislatures are mentioned in this Schedule.
• Eleventh Schedule: This Schedule talks about the powers, authority and responsibilities
of Panchayats
• Twelfth Schedule: Powers, authority and responsibilities of Municipalities are defined in

this Schedule.
PREAMBLE
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 all
FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY

ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.
FUNDAMENTAL RIGHTS:
The Fundamental Rights are defined as the basic human rights of all citizens. These rights, defined
in Part III of the Constitution, apply irrespective of race, place of birth, religion, caste, creed or
gender. They are enforceable by the courts, subject to specific restrictions.
Six Fundamental Rights
• Right to Equality
• Right to Particular freedoms
• Right against Exploitation
• Right to freedom of religion
• Cultural and educational rights
• Right to Constitutional remedies
Right to Equality
14. Equality before law.—The State shall not deny to any person equality before the
law or the equal protection of the laws within the territory of India.
15. Prohibition of discrimination on grounds of religion, race, caste, sex or place

of birth.—
(1) The State shall not discriminate against any citizen on grounds only of religion,
race, caste, sex, place of birth or any of them.
(2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any
of them,
(3) Nothing in this article shall prevent the State from making any special provision for
women and children.
(4) Nothing in this article or in clause (2) of article 29 shall prevent the State from making any
special provision for the advancement of any socially and educationally backward classes of citizens or
for the Scheduled Castes and the Scheduled Tribes.
16. Equality of opportunity in matters of public employment.—

(1) There shall be equality of opportunity for all citizens in matters relating to employment or
appointment to any office under the State.
(2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence

or any of them, be ineligible for, or discriminated against in respect of, any employment or office
under the State.
(3) Nothing in this article shall prevent Parliament from making any law prescribing, in
regard to a class or classes of employment or appointment to an office under the Government of, or
any local or other authority within, a State or Union territory, any requirement as to residence within
that State or Union territory prior to such employment or appointment.
17. Abolition of Untouchability.—―Untouchability‘‘ is abolished and its practice in any form is

forbidden. The enforcement of any disability arising out of ―Untouchability‘‘ shall be an offence
punishable in accordance with law.
18. Abolition of titles.—(1) No title, not being a military or academic distinction, shall
be conferred by the State.
(2) No citizen of India shall accept any title from any foreign State.
(3) No person who is not a citizen of India shall, while he holds any office of profit or trust under
the State, accept without the consent of the President any title from any foreign State.
(4) No person holding any office of profit or trust under the State shall, without the
consent of the President, accept any present, emolument, or office of any kind from
or under any foreign State.
Right to Freedom
19. Protection of certain rights regarding freedom of speech, etc.—

(1) All citizens shall have the right—
(a) to freedom of speech and expression;
(b) to assemble peaceably and without arms;
(c) to form associations or unions;
(d) to move freely throughout the territory of India;
(e) to reside and settle in any part of the territory of India; and
(g) to practice any profession, or to carry on any occupation, trade or business.
(2) Nothing in sub-clause (a) of clause (1) shall affect the operation of any existing law, or prevent
the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of
the right conferred by the said sub-clause in the interests of the sovereignty and integrity of India, the
security of the State, friendly relations with foreign States, public order, decency or morality, or in
relation to contempt of court, defamation or incitement to an offence.
(3) Nothing in sub-clause (b) of the said clause shall affect the operation of any existing law in so
far as it imposes, or prevent the State from making any law imposing, in the interests of the
sovereignty and integrity of India or public order, reasonable restrictions on the exercise of the right
conferred by the said sub-clause.
20. Protection in respect of conviction for offences.—
No person shall be convicted of any offence except for violation of a law in force at the time of the
commission of the Act charged as an offence, nor be subjected to a penalty greater than that which
might have been inflicted under the law in force at the time of the commission of the offence.
(1) No person shall be prosecuted and punished for the same offence more than once.
(3) No person accused of any offence shall be compelled to be a witness against
himself.
21. Protection of life and personal liberty.—No person shall be deprived of his life or personal
liberty except according to procedure established by law.
22. Protection against arrest and detention in certain cases. —

(1) No person who is arrested shall be detained in custody without being informed, as soon as may
be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a
legal practitioner of his choice.
(2) Every person who is arrested and detained in custody shall be produced before the nearest
magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the
journey from the place of arrest to the court of the magistrate and no such person shall be detained in
custody beyond the said period without the authority of a magistrate.

Right against Exploitation
23. Prohibition of traffic in human beings and forced labour.—(1) Traffic in human
beings and begar and other similar forms of forced labour are prohibited and any
contravention of this provision shall be an offence punishable in accordance with law.
(2) Nothing in this article shall prevent the State from imposing compulsory service for public
purposes, and in imposing such service the State shall not make any discrimination on grounds only of
religion, race, caste or class or any of them.
24. Prohibition of employment of children in factories, etc. —No child below the
age of fourteen years shall be employed to work in any factory or mine or engaged in
any other hazardous employment.
Right to Freedom of Religion
25. Freedom of conscience and free profession, practice and propagation of

religion.—(1) Subject to public order, morality and health and to the other provisions
of this Part, all persons are equally entitled to freedom of conscience and the right freely
to profess, practise and propagate religion.
(2) Nothing in this article shall affect the operation of any existing law or prevent the State from
making any law—
(a) regulating or restricting any economic, financial, political or other secular activity which
may be associated with religious practice;
(b) providing for social welfare and reform or the throwing open of Hindu religious
institutions of a public character to all classes and sections of Hindus.
26. Freedom to manage religious affairs.—Subject to public order, morality and

health, every religious denomination or any section thereof shall have the right —
to establish and maintain institutions for religious and charitable purposes;to manage its own affairs
in matters of religion;to own and acquire movable and immovable property; and (d) to administer such
property in accordance with law.
27. Freedom as to payment of taxes for promotion of any particular religion.—No

person shall be compelled to pay any taxes, the proceeds of which are specifically
appropriated in payment of expenses for the promotion or maintenance of any particular
religion or religious denomination.
28. Freedom as to attendance at religious instruction or religious worship

in certain educational institutions.—
(1) No religious instruction shall be provided in any educational institution
wholly maintained out of State funds.
(2) Nothing in clause (1) shall apply to an educational institution which is administered by the State
but has been established under any endowment or trust which requires that religious instruction shall
be imparted in such institution.
(3) No person attending any educational institution recognised by the State or receiving aid out of
State funds shall be required to take part in any religious instruction that may be imparted in such
institution or to attend any religious worship that may be conducted in such institution or in any
premises attached thereto unless such person or, if such person is a minor, his guardian has given his
consent thereto.
Cultural and Educational Rights
29. Protection of interests of minorities.—
(1) Any section of the citizens residing in the territory of India or any part thereof having a distinct
language, script or culture of its own shall have the right to conserve the same.
(2) No citizen shall be denied admission into any educational institution maintained by the State or
receiving aid out of State funds on grounds only of religion, race, caste, language or any of them.
30. Right of minorities to establish and administer educational institutions. —

(1) All minorities, whether based on religion or language, shall have the right to establish and
administer educational institutions of their choice.
(2) The State shall not, in granting aid to educational institutions, discriminate against any
educational institution on the ground that it is under the management of a minority, whether based on
religion or language.
31A. Saving of laws providing for acquisition of estates, etc.—
(1) Notwithstanding anything contained in article 13, no law providing for—

(a) the acquisition by the State of any estate or of any rights therein or the extinguishment or
modification of any such rights, or
(b) The taking over of the management of any property by the State for a limited period either in
the public interest or in order to secure the proper management of the property, or
(c) the amalgamation of two or more corporations either in the public interest or in order to
secure the proper management of any of the corporations, or
(d) the extinguishment or modification of any rights of managing agents, secretaries and
treasurers, managing directors, directors or managers of corporations, or of any voting rights of
shareholders
Right to Constitutional Remedies
32. Remedies for enforcement of rights conferred by this Part.—

(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the
rights conferred by this Part is guaranteed
(2) The Supreme Court shall have power to issue directions or orders or writs, including writs in
the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be
appropriate, for the enforcement of any of the rights conferred by this Part.
(3) Without prejudice to the powers conferred on the Supreme Court by clauses (1) and (2),
Parliament may by law empower any other court to exercise within the local limits of its jurisdiction
all or any of the powers exercisable by the Supreme Court under clause (2).
(4) The right guaranteed by this article shall not be suspended except as otherwise provided for by
this Constitution.
33. Power of Parliament to modify the rights conferred by this Part in their application to
Forces, etc.—Parliament may, by law, determine to what extent any of the rights conferred by this
Part shall, in their application to,—
(a) the members of the Armed Forces; or
(b) the members of the Forces charged with the maintenance of public order; or
(c) persons employed in any bureau or other organisation established by the State for purposes of
intelligence or counter intelligence; or
(d) persons employed in, or in connection with, the telecommunication systems set
up for the purposes of any Force, bureau or organisation referred to in clauses (a)
to (c),
be restricted or abrogated so as to ensure the proper discharge of their duties and the maintenance of
discipline among them
34. Restriction on rights conferred by this Part while martial law is in force in any area.—
Notwithstanding anything in the foregoing provisions of this Part, Parliament may by law indemnify
any person in the service of the Union or of a State or any other person in respect of any act done by
him in connection with the maintenance or restoration of order in any area within the territory of India
where martial law was in force or validate any sentence passed, punishment inflicted, forfeiture
ordered or other act done under martial law in such area.
35. Legislation to give effect to the provisions of this Part.—notwithstanding

anything in this Constitution,—Parliament shall have, and the Legislature of a State shall
not have, power to make laws.

Module 2
UNIT III
DIRECTIVE PRINCIPLES OF STATE POLICY
The Directive Principles of State Policy are guidelines to the central and state governments of
India, to be kept in mind while framing laws and policies. These provisions, contained in Part IV of the
Constitution of India, are not enforceable by any court, but the principles laid down therein are
considered fundamental in the governance of the country.
The principles have been inspired by the Directive Principles given in the Constitution of Ireland
and also by the principles of Gandhism; and relate to social justice, economic welfare, foreign policy,
and legal and administrative matters.
The idea of such policies "can be traced to the Declaration of the Rights of Man proclaimed Revolutionary France and the Declaration of
Independence by the American Colonies‖. The Indian constitution was also influenced by the United Nations Universal Declaration of Human Rights.
DPSPs aim to create social and economic conditions under which the citizens can lead a good
life. They also aim to establish social and economic democracy through a welfare state. They act as a
check on the government.
TYPES OF DIRECTIVE PRINCIPLES OF STATE POLICY
■ Socialistic Principles
■ Gandhian Principles
■ Liberal Principles
■ General / Miscellaneous Principles
38. State to secure a social order for the promotion of welfare of the people.—
(1) The State shall strive to promote the welfare of the people by securing and protecting as
effectively as it may a social order in which justice, social, economic and political, shall inform all the
institutions of the national life.
(2) The State shall, in particular, strive to minimise the inequalities in income, and endeavour to
eliminate inequalities in status, facilities and opportunities, not only amongst individuals but also
amongst groups of people residing in different areas or engaged in different vocations.
39. Certain principles of policy to be followed by the State.—
The State shall, in particular, direct its policy towards securing—

(a) that the citizens, men and women equally, have the right to an adequate means of livelihood;
(b) that the ownership and control of the material resources of the community are so distributed
as best to subserve the common good;
(c) that the operation of the economic system does not result in the concentration of wealth and
means of production to the common detriment;
(d) that there is equal pay for equal work for both men and women;
(e) that the health and strength of workers, men and women, and the tender age of children are
not abused and that citizens are not forced by economic necessity to enter avocations unsuited to
their age or strength;
(f) that children are given opportunities and facilities to develop in a healthy manner and in
conditions of freedom and dignity and that childhood and youth are protected against exploitation
and against moral and material abandonment.
39A. Equal justice and free legal aid.—
The State shall secure that the operation of the legal system promotes justice, on a basis of equal
opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or
in any other way, to ensure that opportunities for securing justice are not denied to any
citizen by reason of economic or other disabilities.

40. Organization of village panchayats.—
The State shall take steps to organize village panchayats and endow them with such powers and
authority as may be necessary to enable them to function as units of self -government.
41. Right to work, to education and to public assistance in certain cases.—
The State shall, within the limits of its economic capacity and development, make effective provision
for securing the right to work, to education and to public assi stance in cases of unemployment, old
age, sickness and disablement, and in other cases of undeserved want.
42. Provision for just and humane conditions of work and maternity relief.—
The State shall make provision for securing just and humane conditions of work and for maternity
relief.
43. Living wage, etc., for workers.—
The State shall endeavour to secure, by suitable legislation or economic organisation or in any other
way, to all workers, agricultural, industrial or otherwise, work, a living wage, conditions of work
ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities
and, in particular, the State shall endeavour to promote cottage industries on an individual or co -
operative basis in rural areas.
43A. Participation of workers in management of industries.—
The State shall take steps, by suitable legislation or in any other way, to secure the participation of
workers in the management of undertakings, establishments or other organisations engaged in any
industry.
44. Uniform civil code for the citizens.—
The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of
India.
45. Provision for free and compulsory education for children.—

The State shall endeavour to provide, within a period of ten years from the commencement of this
Constitution, for free and compulsory education for all children until they complete the age of fourteen
years.
46. Promotion of educational and economic interests of Scheduled Castes,

Scheduled Tribes and other weaker sections.—
The State shall promote with special care the educational and economic interests of the weaker
sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall
protect them from social injustice and all forms of exploitation.
47. Duty of the State to raise the level of nutrition and the standard of living and
to improve public health.—
The State shall regard the raising of the level of nutrition and the standard of livin g of its people and
the improvement of public health as among its primary duties and, in particular, the State shall
endeavor to bring about prohibition of the consumption except for medicinal purposes of intoxicating
drinks and of drugs which are injurious to health.
48. Organization of agriculture and animal husbandry.—
The State shall endeavor to organize agriculture and animal husbandry on modern and scientific
lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the
slaughter, of cows and calves and other mulch and draught cattle.
48A. Protection and improvement of environment and safeguarding of forests and

wild life.—
The State shall endeavor to protect and improve the environment and to safeguard the forests and
wild life of the country.
49. Protection of monuments and places and objects of national importance.—
It shall be the obligation of the State to protect every monument or place or object of artistic or
historic interest, declared by or under law made by Parliament to be of national importance, from
spoliation, disfigurement, destruction, removal, disposal or export, as the case may be.
50. Separation of judiciary from executive.—
The State shall take steps to separate the judiciary from the executive in the public services of the
State.
51. Promotion of international peace and security.—
The State shall endeavor to—

(a) promote international peace and security;
(b) maintain just and honorable relations between nations;
(c) foster respect for international law and treaty obligations in the dealings of organized
peoples with one another; and
(d) encourage settlement of international disputes by arbitration.
FUNDAMENTAL DUTIES
A countervailing factor has been introduced by the 42nd amendment Act of 1976, known
as the Fundamental Duties. These duties are mentioned in Art. 51A.
51A. Fundamental duties.—It shall be the duty of every citizen of India—

(a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the
National Anthem;
(b) to cherish and follow the noble ideals which inspired our national struggle for freedom;
(c) to uphold and protect the sovereignty, unity and integrity of India;
(d) to defend the country and render national service when called upon to do so;
(e) to promote harmony and the spirit of common brotherhood amongst all the people of India
transcending religious, linguistic and regional or sectional diversities; to renounce practices
derogatory to the dignity of women;
(f) to value and preserve the rich heritage of our composite culture;
(g) to protect and improve the natural environment including forests, lakes, rivers and wild life,
and to have compassion for living creatures;
(h) to develop the scientific temper, humanism and the spirit of inquiry and reform; (i) to
safeguard public property and to abjure violence;
(j) to strive towards excellence in all spheres of individual and collective activity so that the
nation constantly rises to higher levels of endeavor and achievement.
The 11th Fundamental Duty, which states that every citizen "who is a parent or guardian, to
provide opportunities for education to his child or, as the case may be, ward between the age of six
and fourteen years" was added by the 86th constitutional amendment in 2002.

UNIT IV
UNION EXECUTIVES
PRESIDENT
52. The President of India.—There shall be a President of India.
53. Executive power of the Union.—
(1) The executive power of the Union shall be vested in the President and shall be exercised by
him either directly or through officers subordinates to him in accordance with this Constitution.
(2) Without prejudice to the generality of the foregoing provision, the supreme command of the
Defense Forces of the Union shall be vested in the President and the exercise thereof shall be regulated
by law.
(3) Nothing in this article shall—
(a) Be deemed to transfer to the President any functions conferred by any existing law on the
Government of any State or other authority; or
(b) Prevent Parliament from conferring by law functions on authorities other than the President.
54. Election of President.—
The President shall be elected by the members of an electoral college consisting of—
(a) the elected members of both Houses of Parliament; and
(b) the elected members of the Legislative Assemblies of the States.
55. Manner of election of President. —
(1) As far as practicable, there shall be uniformity in the scale of representation of the different States
at the election of the President.
(2) For the purpose of securing such uniformity among the States inter se as well as parity between the
States as a whole and the Union, the number of votes which each elected member of Parliament and of
the Legislative Assembly of each State is entitled to cast at such election shall be determined in the
following manner:—
(a) every elected member of the Legislative Assembly of a State shall have as many votes as there are
multiples of one thousand in the quotient obtained by dividing the population of the State by the total
number of the elected members of the Assembly;
(b) if, after taking the said multiples of one thousand, the remainder is not less than five hundred, then
the vote of each member referred to in sub-clause (a) shall be further increased by one;
(c) each elected member of either House of Parliament shall have such number of votes as may be
obtained by dividing the total number of votes assigned to the members of the Legislative Assemblies
of the States under sub-clauses (a) and (b) by the total number of the elected members of both Houses
of Parliament, fractions exceeding one-half being counted as one and other fractions being disregarded.
(3) The election of the President shall be held in accordance with the system of proportional
representation by means of the single transferable vote and the voting at such election shall be
by secret ballot.
.
56. Term of office of President.—
(1) The President shall hold office for a term of five years from the date on which he enters upon
his office:
Provided that—
(a) the President may, by writing under his hand addressed to the Vice-President, resign his office;
(b) the President may, for violation of the Constitution, be removed from office by impeachment in the
manner provided in article 61;
(c) the President shall, notwithstanding the expiration of his term, continue to hold office until his
successor enters upon his office.
(2) Any resignation addressed to the Vice-President under clause (a) of the proviso to clause (1)
shall forthwith be communicated by him to the Speaker of the House of the People.
57. Eligibility for re-election.—

A person who holds, or who has held, office as President shall, subject to the other provisions of this
Constitution, be eligible for re-election to that office.
58. Qualifications for election as President.—
(1) No person shall be eligible for election as President unless he—

(a) is a citizen of India,
(b) has completed the age of thirty-five years, and
(c) is qualified for election as a member of the House of the People.
(2) A person shall not be eligible for election as President if he holds any office of profit under the
Government of India or the Government of any State or under any local or other authority subject to
the control of any of the said Governments.
59. Conditions of President's office.—
(1) The President shall not be a member of either House of Parliament or of a House of the Legislature
of any State, and if a member of either House of Parliament or of a House of the Legislature of any
State be elected President, he shall be deemed to have vacated his seat in that House on the date on
which he enters upon his office as President.
(2) The President shall not hold any other office of profit.
(3) The President shall be entitled without payment of rent to the use of his official residences and
shall be also entitled to such emoluments, allowances and privileges as may be determined by
Parliament by law and, until provision in that behalf is so made, such emoluments, allowances and
privileges as are specified in the Second Schedule.
(4) The emoluments and allowances of the President shall not be diminished during his term of office.
60. Oath or affirmation by the President.—
Every President and every person acting as President or discharging the functions of the President
shall, before entering upon his office, make and subscribe in the presence of the Chief Justice of India
or, in his absence, the senior-most Judge of the Supreme Court available
61. Procedure for impeachment of the President.—
(1) When a President is to be impeached for violation of the Constitution, the charge shall be preferred
by either House of Parliament.
(2) No such charge shall be preferred unless—
(a) the proposal to prefer such charge is contained in a resolution which has been moved after at least
fourteen days' notice in writing signed by not less than one-fourth of the total number of members of
the House has been given of their intention to move the resolution, and
(b) such resolution has been passed by a majority of not less than two-thirds of the total membership of
the House.
(3) When a charge has been so preferred by either House of Parliament, the other House shall
investigate the charge or cause the charge to be investigated and the President shall have the right
to appear and to be represented at such investigation.
(4) If as a result of the investigation a resolution is passed by a majority of not less than two-thirds of
the total membership of the House by which the charge was investigated or caused to be investigated,
declaring that the charge preferred against the President has been sustained, such resolution shall
have the effect of removing the President from his office as from the date on which the resolution is
so passed.
62. Time of holding election to fill vacancy in the office of President and the term of office of
person elected to fill casual vacancy. —
(1) An election to fill a vacancy caused by the expiration of the term of office of President shall be
completed before the expiration of the term. (2) An election to fill a vacancy in the office of President
occurring by reason of his death, resignation or removal, or otherwise shall be held as soon as
possible after, and in no case later than six months from, the date of occurrence of the vacancy
THE VICE-PRESIDENT OF INDIA
63. The Vice-President of India.—
There shall be a Vice-President of India.

64. The Vice-President to be ex officio Chairman of the Council of States.—
The Vice-President shall be ex officio Chairman of the Council of States and shall not hold any other
office of profit:
Provided that during any period when the Vice-President acts as President or discharges the functions
of the President under article 65, he shall not perform the duties of the office of Chairman of the
Council of States and shall not be entitled to any salary or allowance payable to the Chairman of the
Council of States under article 97.
65. The Vice-President to act as President or to discharge his functions during casual vacancies in
the office, or during the absence, of President.—
(1) In the event of the occurrence of any vacancy in the office of the President by reason of his death,
resignation or removal, or otherwise, the Vice-President shall act as President until the date on which a
new President elected in accordance with the provisions of this Chapter to fill such vacancy enters
upon his office.
(2) When the President is unable to discharge his functions owing to absence, illness or any other
cause, the Vice-President shall discharge his functions until the date on which the President resumes
his duties.
(3) The Vice-President shall, during, and in respect of, the period while he is so acting as, or
discharging the functions of, President, have all the powers and immunities of the President and be
entitled to such emoluments, allowances and privileges as may be determined by Parliament by law
and, until provision in that behalf is so made, such emoluments, allowances and privileges as are
specified in the Second Schedule.
66. Election of Vice-President.—
(1) The Vice-President shall be elected by the members of an electoral college consisting of the
members of both Houses of Parliament in accordance with the system of proportional representation
by means of the single transferable vote and the voting at such election shall be by secret ballot.
(2) The Vice-President shall not be a member of either House of Parliament or of a House of the
Legislature of any State, and if a member of either House of Parliament or of a House of the
Legislature of any State be elected Vice-President, he shall be deemed to have vacated his seat in that
House on the date on which he enters upon his office as Vice-President.
(3) No person shall be eligible for election as Vice-President unless he—
(a) is a citizen of India;
(b) has completed the age of thirty-five years; and
(c) is qualified for election as a member of the Council of States.
(4) A person shall not be eligible for election as Vice-President if he holds any office of profit under
the Government of India or the Government of any State or under any local or other authority
subject to the control of any of the said Governments.
67. Term of office of Vice-President.—
The Vice-President shall hold office for a term of five years from the date on which he enters upon
his office:
Provided that—
(a) a Vice-President may, by writing under his hand addressed to the President, resign his office;
(b) a Vice-President may be removed from his office by a resolution of the Council of States passed by
a majority of all the then members of the Council and agreed to by the House of the People; but no
resolution for the purpose of this clause shall be moved unless at least fourteen days' notice has been
given of the intention to move the resolution;
(c) a Vice-President shall, notwithstanding the expiration of his term, continue to hold office until his
successor enters upon his office.
68. Time of holding election to fill vacancy in the office of Vice-President and the term of office
of person elected to fill casual vacancy.—
(1) An election to fill a vacancy caused by the expiration of the term of office of Vice-President shall
be completed before the expiration of the term.
(2) An election to fill a vacancy in the office of Vice-President occurring by reason of his death,
resignation or removal, or otherwise shall be held as soon as possible after the occurrence of the
vacancy, and the person elected to fill the vacancy shall, subject to the provisions of article 67, be

entitled to hold office for the full term of five years from the date on which he enters upon his office.
69. Oath or affirmation by the Vice-President.—
Every Vice-President shall, before entering upon his office, make and subscribe before the President,
or some person appointed in that behalf by him
70. Discharge of President's functions in other contingencies.—
Parliament may make such provisions as it thinks fit for the discharge of the functions of the President
in any contingency not provided for in this Chapter.
71. Matters relating to, or connected with, the election of a President or Vice-President.—
(1) All doubts and disputes arising out of or in connection with the election of a President or Vice-
President shall be inquired into and decided by the Supreme Court whose decision shall be final.
(2) If the election of a person as President or Vice-President is declared void by the Supreme Court,
acts done by him in the exercise and performance of the powers and duties of the office of President or
Vice-President, as the case may be, on or before the date of the decision of the Supreme Court shall
not be invalidated by reason of that declaration.
(3) Subject to the provisions of this Constitution, Parliament may by law regulate any matter relating
to or connected with the election of a President or Vice-President.
(4) The election of a person as President or Vice-President shall not be called in question on the ground
of the existence of any vacancy for whatever reason among the members of the electoral college
electing him.
72. Power of President to grant pardons, etc., and to suspend, remit or commute sentences in
certain cases.—
(1) The President shall have the power to grant pardons, reprieves, respites or remissions of
punishment or to suspend, remit or commute the sentence of any person convicted of any offence—
(a) in all cases where the punishment or sentence is by a Court Martial;
(b) in all cases where the punishment or sentence is for an offence against any law relating to a matter
to which the executive power of the Union extends;
(c) in all cases where the sentence is a sentence of death.
73. Extent of executive power of the Union.—
(1) Subject to the provisions of this Constitution, the executive power of the Union shall extend—
(a) to the matters with respect to which Parliament has power to make laws; and
(b) to the exercise of such rights, authority and jurisdiction as are exercisable by the Government of
India by virtue of any treaty or agreement: Provided that the executive power referred to in sub-clause
(a) shall not, save as expressly provided
in this Constitution or in any law made by Parliament, extend in any State to matters with respect to
which the Legislature of the State has also power to make laws. (2) Until otherwise provided by
Parliament, a State and any officer or authority of a State may,
notwithstanding anything in this article, continue to exercise in matters with respect to which
Parliament has power to make laws for that State such executive power or functions as the State or
officer or authority thereof could exercise immediately before the commencement of this Constitution.
Council of Ministers
74. Council of Ministers to aid and advise President.—
(1) There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the
President who shall, in the exercise of his functions, act in accordance with such advice:
Provided that the President may require the Council of Ministers to reconsider such advice, either
generally or otherwise, and the President shall act in accordance with the advice tendered after such
reconsideration.
(2) The question whether any, and if so what, advice was tendered by Ministers to the President shall
not be inquired into in any court.
THE PRIME MINISTER
The Prime Minister is generally the leader of a party (or coalition of parties) that has a majority
in the Lok Sabha (lower house) of the Parliament of India.

The Prime Minister either has to be a current member of one of the houses of Parliament, or be
elected within six months of being appointed.
Powers and functions
The Prime Minister selects the members of the Council of Ministers who are formally
appointed by the President.
He allocates portfolios among the ministers and he can drop any minister.
The Prime Minister presides over the meetings of the Council of Ministers. He decides the
policies of the government. He coordinates the work of different ministries and solves inter -
departmental conflicts.
The Prime Minister is the Chairperson of the Planning Commission which is a key body in
the process of planning.
The Prime Minister advises the President on all important matters like appointments judges of
the High Courts and the Supreme Court, Chief Election Commissioner, Comptroller and
Auditor General.
He also advises the President on the dissolving of the Lok Sabha and the declaration of
Emergencies
PARLIAMENT
Lok Sabha
The Lok Sabha (also titled the House of the People, by the Constitution) is the directly elected lower
house of the Parliament of India. As of 2009 there have been fifteen Lok Sabhas elected by the people
of India. The Constitution limits the Lok Sabha to a maximum of 545 members, including no more
than 20 members representing people from the Union Territories, and two members to represent the
Anglo-Indian community (if the President feels that that community is not adequately represented).
The current size of the Lok Sabha has 545 members including the Speaker and two appointed
members, if any.
Each Lok Sabha is formed for a five-year term, after which it is automatically dissolved, unless
extended by a Proclamation of Emergency which may extend the term in one-year increments. The
15th Lok Sabha was formed in May 2009.
An exercise to redraw Lok Sabha constituencies' boundaries has been carried out by the Delimitation
Commission based on the Indian census of 2001. This exercise, which was supposed to be carried out
after every census, was suspended in 1976 following a constitutional amendment to avoid adverse
effects of the family planning program which was being implemented
Membership qualifications
Membership of the Lok Sabha requires that the person must be a citizen of India, aged 25 or over,
mentally sound, should not be bankrupt and has no criminal procedures against him/her. For reserved
seats one should be member of the scheduled castes and/or tribes. Sessions and working hours
On normal business days, the Lok Sabha assembles from 11 a.m. to 1 p.m., and again from 2 p.m. to 6
p.m. The first hour of every sitting is called the Question Hour, during which questions posed by
members may be assigned to specific government ministries, to be answered at a fixed date in the
future.
The Lok Sabha shares legislative power with the Rajya Sabha, except in the area of Money Bills, in
which case the Lok Sabha has the ultimate authority. In the case of money bill it is only sent to the
rajya sabha for recommendations and in the case of other related issues it is sent with a period of 14
working days. If it is not returned in that span of time it is considered as passed. If conflicting
legislation is enacted by the two Houses, a joint sitting is held to resolve the differences. In such a
session, the members of the Lok Sabha would generally prevail, since the Lok Sabha includes more
than twice as many members as the Rajya Sabha.
Three sessions of Lok Sabha take place in a year :
1. Budget session: February to May.
2. Monsoon session: July to September.
3. Winter session: November to December.
Rajya Sabha
The Rajya Sabha is the upper house of the Parliament of India. Membership is limited to 250

members, 12 of whom are chosen by the President of India for their expertise in specific fields of art,
literature, science, and social services. These members are known as nominated members. The
remainder of the body is elected by state and territorial legislatures. Terms of office are for six years,
with one third of the members retiring every two years.
The Rajya Sabha meets in continuous session and, unlike the lower house of parliament, the Lok
Sabha, is not subject to dissolution. The Rajya Sabha shares legislative powers with the Lok Sabha,
except in the area of supply, where the Lok Sabha has overriding powers. In the case of conflicting
legislation, a joint sitting of the two houses is held. However, since the Lok Sabha has more than twice
as many members than the Rajya Sabha, it holds de facto veto power in such joint sessions. Only three
joint session have been held. The last one was for the passage of the anti-terror law POTA.
The Vice-President of India (currently, Hamid Ansari) is the ex-officio Chairman of the Rajya Sabha.
The Deputy Chairman of the Rajya Sabha, who is elected from amongst its members, takes care of the
day-to-day matters of the house in the absence of the Chairman.
The Rajya Sabha held its first sitting on 13 May 1952.

There are 238 indirectly-elected members, who represent the 28 states and 2 Union Territories (Delhi
and Puducherry), including the National Capital territory, New Delhi. Seats are allotted in proportion
to population.
Nominated Members
Under article 80 of the Constitution, out of the 250 members of the Council of States (Rajya Sabha), 12
are nominated by the President of India from amongst persons who have special knowledge or
practical experience in the fields such as literature, science, art or social service.
Since its inception in 1952, 105 members have been nominated so far, for a term of 6-year each, and
with an added provision that one-third of the members shall retire every two years
Officers of Parliament
89. The Chairman and Deputy Chairman of the Council of States.—
(1) The Vice- President of India shall be ex officio Chairman of the Council of States
(2) The Council of States shall, as soon as may be, choose a member of the Council to be Deputy
Chairman thereof and, so often as the office of Deputy Chairman becomes vacant, the Council shall
choose another member to be Deputy Chairman thereof.
90. Vacation and resignation of, and removal from, the office of Deputy Chairman.—
A member holding office as Deputy Chairman of the Council of States—

(a) shall vacate his office if he ceases to be a member of the Council;
(b) may at any time, by writing under his hand addressed to the Chairman, resign
his office; and
(c) may be removed from his office by a resolution of the Council passed by a
majority of all the then members of the Council:
Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days‘
notice has been given of the intention to move the resolution.
91. Power of the Deputy Chairman or other person to perform the duties of the
office of, or to act as, Chairman.—
(1)While the office of Chairman is vacant, or during any period when the Vice-President is acting as,
or discharging the functions of, President, the duties of the office shall be performed by the Deputy
Chairman, or, if the office of Deputy Chairman is also vacant, by such member of the Council of
States as the President may appoint for the purpose.
(2) During the absence of the Chairman from any sitting of the Council of States the Deputy
Chairman, or, if he is also absent, such person as may be determined by the rules of procedure of the
Council, or, if no such person is present, such other person as may be determined by the Council, shall
act as Chairman.
92. The Chairman or the Deputy Chairman not to preside while a resolution for
his removal from office is under consideration.—

(1) At any sitting of the Council of States, while any resolution for the removal of the Vice-President
from his office is under consideration, the Chairman, or while any resolution for the removal
of the Deputy Chairman from his office is under consideration, the Deputy
Chairman, shall not, though he is present, preside, and the provisions of clause (2) of article 91 shall
apply in relation to every such sitting as they apply in relation to a sitting from which the Chairman,
or, as the case may be, the Deputy Chairman, is absent.
(2) The Chairman shall have the right to speak in, and otherwise to take part in the proceedings of,
the Council of States while any resolution for the removal of the Vice -President from his office is
under consideration in the Council, but, notwithstanding anything in article 100, shall not be entitled to
vote at all on such resolution or on any other matter during such proceedings.
93. The Speaker and Deputy Speaker of the House of the People.—
The House of the People shall, as soon as may be, choose two members of the House to be
respectively Speaker and Deputy Speaker thereof and, so often as the office of Speaker or Deputy
Speaker becomes vacant, the House shall choose another member to be Speaker or Deputy Speaker, as
the case may be.
94. Vacation and resignation of, and removal from, the offices of Speaker and
Deputy Speaker.—
A member holding office as Speaker or Deputy Speaker of the House of the People—
(a) shall vacate his office if he ceases to be a member of the House of the People;
(b) may at any time, by writing under his hand addressed, if such member is the Speaker, to the
Deputy Speaker, and if such member is the Deputy Speaker, to the Speaker, resign his office; and
(c) may be removed from his office by a resolution of the House of the People passed by a
majority of all the then members of the House:
Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days‘
notice has been given of the intention to move the resolution:
Provided further that, whenever the House of the People is dissolved, the Speaker shall not vacate
his office until immediately before the first meeting of the House of the People after the dissolution.
95. Power of the Deputy Speaker or other person to perform the duties of the office
of, or to act as, Speaker.—
(1) While the office of Speaker is vacant, the duties of the office shall be performed by the Deputy
Speaker or, if the office of Deputy Speaker is also vacant, by such member of the House of the People
as the President may appoint for the purpose.
(2) During the absence of the Speaker from any sitting of the House of the People the Deputy
Speaker or, if he is also absent, such person as may be determined by the rules of procedure of the
House, or, if no such person is present, such other person as may be determined by the House, shall act
as Speaker.
96. The Speaker or the Deputy Speaker not to preside while a resolution for his
removal from office is under consideration.—
(1) At any sitting of the House of the People, while any resolution for the removal of the Speaker
from his office is under consideration, the Speaker, or while any resolution for the removal of the
Deputy Speaker from his office is under consideration, the Deputy Speaker, shall not, though he is
present, preside, and the provisions of clause (2) of article 95 shall apply in relation to every such
sitting as they apply in relation to a sitting from which the Speaker, or, as the case may be, the Deputy
Speaker, is absent.
(2) The Speaker shall have the right to speak in, and otherwise to take part in the proceedings of, the
House of the People while any resolution for his removal from office is under consideration in the
House and shall, notwithstanding anything in article 100, be entitled to vote only in the first instance
on such resolution or on any other matter during such proceedings but not in the case of an equality of
votes.
97. Salaries and allowances of the Chairman and Deputy Chairman and the
Speaker and Deputy Speaker.—

There shall be paid to the Chairman and the Deputy Chairman of the Council of States, and to the
Speaker and the Deputy Speaker of the House of the People, such salaries and allowances as may be
respectively fixed by Parliament by law and, until provision in that behalf is so made, such salaries and
allowances as are specified in the Second Schedule.
98. Secretariat of Parliament.—
(1) Each House of Parliament shall have a separate secretarial staff:

Provided that nothing in this clause shall be construed as preventing the creation of posts common to
both Houses of Parliament.
(2) Parliament may by law regulate the recruitment, and the conditions of service of persons
appointed, to the secretarial staff of either House of Parliament.
(3) Until provision is made by Parliament under clause (2), the President may, after consultation
with the Speaker of the House of the People or the Chairman of the Council of States, as the case may
be, make rules regulating the recruitment, and the conditions of service of persons appointed, to the
secretarial staff of the House of the People or the Council of States, and any rules so made shall have
effect subject to the provisions of any law made under the said clause.
THE UNION JUDICIARY
124. Establishment and constitution of Supreme Court.—
(1) There shall be a Supreme Court of India consisting of a Chief Justice of India and, until Parliament
by law prescribes a larger number, of not more than 25 other Judges.
(2) Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand
and seal after consultation with such of the Judges of the Supreme Court and of the High Courts in the
States as the President may deem necessary for the purpose and shall hold office until he attains the
age of sixty-five years:
Provided that in the case of appointment of a Judge other than the Chief Justice, the Chief Justice
of India shall always be consulted: Provided further that—
(a) a Judge may, by writing under his hand addressed to the President, resign his office;
(b) a Judge may be removed from his office in the manner provided in clause (4).
(2A) The age of a Judge of the Supreme Court shall be determined by such authority and in such
manner as Parliament may by law provide.
(3) A person shall not be qualified for appointment as a Judge of the Supreme Court unless he is
a citizen of India and—
(a) has been for at least five years a Judge of a High Court or of two or more such Courts in
succession; or
(b) has been for at least ten years an advocate of a High Court or of two or more such Courts in
succession; or
(c) is, in the opinion of the President, a distinguished jurist.
(4) A Judge of the Supreme Court shall not be removed from his office except by an order of the
President passed after an address by each House of Parliament supported by a majority of the total
membership of that House and by a majority of not less than two-thirds of the members of that House
present and voting has been presented to the President in the same session for such removal on the
ground of proved misbehavior or incapacity.
(5) Parliament may by law regulate the procedure for the presentation of an address and for
the investigation and proof of the misbehavior or incapacity of a Judge under clause (4).
Every person appointed to be a Judge of the Supreme Court shall, before he enters upon his office,
make and subscribe before the President, or some person appointed in that behalf by him, an oath or
affirmation according to the form set out for the purpose in the Third Schedule.
(6) No person who has held office as a Judge of the Supreme Court shall plead or act in any court or
before any authority within the territory of India.
126. Appointment of acting Chief Justice.—
When the office of Chief Justice of India is vacant or when the Chief Justice is, by reason of absence or
otherwise, unable to perform the duties of his office, the duties of the office shall be performed by such
one of the other Judges of the Court as the President may appoint for the purpose.
127. Appointment of ad hoc Judges.—
(1) If at any time there should not be a quorum of the Judges of the Supreme Court available to hold or
continue any session of the Court, the Chief Justice of India may, with the previous consent of the
President and after consultation with the Chief Justice of the High Court concerned, request in writing

the attendance at the sittings of the Court, as an ad hoc Judge, for such period as may be necessary, of
a Judge of a High Court duly qualified for appointment as a Judge of the Supreme Court to be
designated by the Chief Justice of India.
(2) It shall be the duty of the Judge who has been so designated, in priority to other duties of his office,
to attend the sittings of the Supreme Court at the time and for the period for which his attendance is
required, and while so attending he shall have all the jurisdiction, powers and privileges, and shall
discharge the duties, of a Judge of the Supreme Court.
128. Attendance of retired Judges at sittings of the Supreme Court.—
Notwithstanding anything in this Chapter, the Chief Justice of India may at any time, with the previous
consent of the President, request any person who has held the office of a Judge of the Supreme Court
or of the Federal Court or who has held the office of a Judge of a High Court and is duly qualified for
appointment as a Judge of the Supreme Court to sit and act as a Judge of the Supreme Court, and every
such person so requested shall, while so sitting and acting, be entitled to such allowances as the
President may by order determine and have all the jurisdiction, powers and privileges of, but shall not
otherwise be deemed to be, a Judge of that Court:
Provided that nothing in this article shall be deemed to require any such person as aforesaid to sit and
act as a Judge of that Court unless he consents so to do.
129. Supreme Court to be a court of record.—
The Supreme Court shall be a court of record and shall have all the powers of such a court including
the power to punish for contempt of itself.
130. Seat of Supreme Court.—
The Supreme Court shall sit in Delhi or in such other place or places, as the Chief Justice of India may,
with the approval of the President, from time to time, appoint.
131. Original jurisdiction of the Supreme Court.—
Subject to the provisions of this Constitution, the Supreme Court shall, to the exclusion of any other
court, have original jurisdiction in any dispute—
(a) between the Government of India and one or more States; or
(b) between the Government of India and any State or States on one side and one or more other States
on the other; or
(c) between two or more States,
if and in so far as the dispute involves any question (whether of law or fact) on which the existence
or extent of a legal right depends: Provided that the said jurisdiction shall not extend to a dispute
arising out of any treaty, agreement, covenant, engagement, sanad or other similar instrument which,
having been entered into or executed before the commencement of this Constitution, continues in
operation after such commencement, or which provides that the said jurisdiction shall not extend to
such a dispute.
132. Appellate jurisdiction of Supreme Court in appeals from High Courts in certain cases.—
(1) An appeal shall lie to the Supreme Court from any judgment, decree or final order of a High Court
in the territory of India, whether in a civil, criminal or other proceeding, if the High Court certifies
under article 134A that the case involves a substantial question of law as to the interpretation of this
Constitution.
(2) Where such a certificate is given, any party in the case may appeal to the Supreme Court on the
ground that any such question as aforesaid has been wrongly decided.
133. Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to civil
matters.—
(1) An appeal shall lie to the Supreme Court from any judgment, decree or final order in a civil
proceeding of a High Court in the territory of India if the High Court certifies under article 134A—
(a) that the case involves a substantial question of law of general importance; and
(b) that in the opinion of the High Court the said question needs to be decided by the Supreme Court.
(2) Notwithstanding anything in article 132, any party appealing to the Supreme Court under clause
(1) may urge as one of the grounds in such appeal that a substantial question of law as to the
interpretation of this Constitution has been wrongly decided.
(3) Notwithstanding anything in this article, no appeal shall, unless Parliament by law otherwise
provides, lie to the Supreme Court from the judgment, decree or final order of one Judge of a High
Court.

134. Appellate jurisdiction of Supreme Court in regard to criminal matters.—
(1) An appeal shall lie to the Supreme Court from any judgment, final order or sentence in a
criminal proceeding of a High Court in the territory of India if the High Court—
(a) has on appeal reversed an order of acquittal of an accused person and sentenced him to death; or
(b) has withdrawn for trial before itself any case from any court subordinate to its authority and has in
such trial convicted the accused person and sentenced him to death; or
(c) certifies under article 134A that the case is a fit one for appeal to the Supreme Court:
Provided that an appeal under sub-clause (c) shall lie subject to such provisions as may be made in that
behalf under clause (1) of article 145 and to such conditions as the High Court may establish or
require.
(2) Parliament may by law confer on the Supreme Court any further powers to entertain and hear
appeals from any judgment, final order or sentence in a criminal proceeding of a High Court in
the territory of India subject to such conditions and limitations as may be specified in such law.
136. Special leave to appeal by the Supreme Court.—
(1) Notwithstanding anything in this Chapter, the Supreme Court may, in its discretion, grant special
leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter
passed or made by any court or tribunal in the territory of India.
(2) Nothing in clause (1) shall apply to any judgment, determination, sentence or order passed or made
by any court or tribunal constituted by or under any law relating to the Armed Forces.
137. Review of judgments or orders by the Supreme Court.—
Subject to the provisions of any law made by Parliament or any rules made under article 145, the
Supreme Court shall have power to review any judgment pronounced or order made by it.
138. Enlargement of the jurisdiction of the Supreme Court.—
(1) The Supreme Court shall have such further jurisdiction and powers with respect to any of the
matters in the Union List as Parliament may by law confer.
(2) The Supreme Court shall have such further jurisdiction and powers with respect to any matter as
the Government of India and the Government of any State may by special agreement confer, if
Parliament by law provides for the exercise of such jurisdiction and powers by the Supreme Court.
139. Conferment on the Supreme Court of powers to issue certain writs.—
Parliament may by law confer on the Supreme Court power to issue directions, orders or writs,
including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or
any of them, for any purposes other than those mentioned in clause (2) of article 32.
139A. Transfer of certain cases.—
(1) Where cases involving the same or substantially the same questions of law are pending before the
Supreme Court and one or more High Courts or before two or more High Courts and the Supreme
Court is satisfied on its own motion or on an application made by the Attorney-General of India or by
a party to any such case that such questions are substantial questions of general importance, the
Supreme Court may withdraw the case or cases pending before the High Court or the High Courts and
dispose of all the cases itself:
Provided that the Supreme Court may after determining the said questions of law return any case so
withdrawn together with a copy of its judgment on such questions to the High Court from which the
case has been withdrawn, and the High Court shall on receipt thereof, proceed to dispose of the case in
conformity with such judgment.
(2) The Supreme Court may, if it deems it expedient so to do for the ends of justice, transfer any
case, appeal or other proceedings pending before any High Court to any other High Court.
.
141. Law declared by Supreme Court to be binding on all courts.—
The law declared by the Supreme Court shall be binding on all courts within the territory of India.
143. Power of President to consult Supreme Court.—
(1) If at any time it appears to the President that a question of law or fact has arisen, or is likely to
arise, which is of such a nature and of such public importance that it is expedient to obtain the opinion
of the Supreme Court upon it, he may refer the question to that Court for consideration and the Court
may, after such hearing as it thinks fit, report to the President its opinion thereon.
(2) The President may, notwithstanding anything in the proviso to article 131, refer a dispute of the
kind mentioned in the said proviso to the Supreme Court for opinion and the Supreme Court shall, after
such hearing as it thinks fit, report to the President its opinion thereon.
145. Rules of Court, etc.—
(1) Subject to the provisions of any law made by Parliament, the Supreme Court may from time to
time, with the approval of the President, make rules for regulating generally the practice and procedure
of the Court including—
(a) rules as to the persons practising before the Court;
(b) rules as to the procedure for hearing appeals and other matters pertaining to appeals including the
time within which appeals to the Court are to be entered;
(c) rules as to the proceedings in the Court for the enforcement of any of the rights conferred by Part
III;
147. Interpretation.—
In this Chapter and in Chapter V of Part VI, references to any substantial question of law as to the
interpretation of this Constitution shall be construed as including references to any substantial question
of law as to the interpretation of the Government of India Act, 1935 (including any enactment
amending or supplementing that Act), or of any Order in Council or order made there under, or of the
Indian Independence Act, 1947, or of any order made there under

Module 3
UNIT IV
STATE EXECUTIVES
THE GOVERNOR
153. Governors of States.—
There shall be a Governor for each State:

Provided that nothing in this article shall prevent the appointment of the same person as Governor
for two or more States.
154. Executive power of State.—
(1) The executive power of the State shall be vested in the Governor and shall be exercised by him
either directly or through officers subordinate to him in accordance with this Constitution.
(2) Nothing in this article shall—
(a) be deemed to transfer to the Governor any functions conferred by any existing law on any other
authority; or
(b) prevent Parliament or the Legislature of the State from conferring by law functions on any
authority subordinate to the Governor.
155. Appointment of Governor.—
The Governor of a State shall be appointed by the President by warrant under his hand and seal.
156. Term of office of Governor.—
(1) The Governor shall hold office during the pleasure of the President.
(2) The Governor may, by writing under his hand addressed to the President, resign his office.
(3) Subject to the foregoing provisions of this article, a Governor shall hold office for a term of five
years from the date on which he enters upon his office:
Provided that a Governor shall, notwithstanding the expiration of his term, continue to hold office until
his successor enters upon his office.
157. Qualifications for appointment as Governor.—
No person shall be eligible for appointment as Governor unless he is a citizen of India and has
completed the age of thirty-five years.
158. Conditions of Governor's office.—
(1) The Governor shall not be a member of either House of Parliament or of a House of the Legislature
of any State specified in the First Schedule, and if a member of either House of Parliament or of a
House of the Legislature of any such State be appointed Governor, he shall be deemed to have vacated
his seat in that House on the date on which he enters upon his office as Governor.
(2) The Governor shall not hold any other office of profit.
(3) The Governor shall be entitled without payment of rent to the use of his official residences and
shall be also entitled to such emoluments, allowances and privileges as may be determined by
Parliament by law and, until provision in that behalf is so made, such emoluments, allowances and
privileges as are specified in the Second Schedule.
(3A) Where the same person is appointed as Governor of two or more States, the emoluments and
allowances payable to the Governor shall be allocated among the States in such proportion as the
President may by order determine.
(4) The emoluments and allowances of the Governor shall not be diminished during his term of office.
159. Oath or affirmation by the Governor.—
Every Governor and every person discharging the functions of the Governor shall, before entering
upon his office, make and subscribe in the presence of the Chief Justice of the High Court exercising
jurisdiction in relation to the State, or, in his absence, the senior most Judge of that Court available
160. Discharge of the functions of the Governor in certain contingencies.—

The President may make such provision as he thinks fit for the discharge of the functions of the
Governor of a State in any contingency not provided for in this Chapter.
161. Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences
in certain cases.—
The Governor of a State shall have the power to grant pardons, reprieves, respites or remissions of
punishment or to suspend, remit or commute the sentence of any person convicted of any offence
against any law relating to a matter to which the executive power of the State extends.
162. Extent of executive power of State.—
Subject to the provisions of this Constitution, the executive power of a State shall extend to the matters
with respect to which the Legislature of the State has power to make laws:
Provided that in any matter with respect to which the Legislature of a State and Parliament have
power to make laws, the executive power of the State shall be subject to, and limited by, the executive
power expressly conferred by this Constitution or by any law made by Parliament upon the Union or
authorities thereof.
CHIEF MINISTER & COUNCIL OF MINISTERS
163. Council of Ministers to aid and advise Governor.—
(1) There shall be a Council of Ministers with the Chief Minister at the head to aid and advise the
Governor in the exercise of his functions, except in so far as he is by or under this Constitution
required to exercise his functions or any of them in his discretion.
(2) If any question arises whether any matter is or is not a matter as respects which the Governor is by
or under this Constitution required to act in his discretion, the decision of the Governor in his
discretion shall be final, and the validity of anything done by the Governor shall not be called in
question on the ground that he ought or ought not to have acted in his discretion.
(3) The question whether any, and if so what, advice was tendered by Ministers to the Governor shall
not be inquired into in any court.
164. Other provisions as to Ministers.—
(1) The Chief Minister shall be appointed by the Governor and the other Ministers shall be
appointed by the Governor on the advice of the Chief Minister, and the Ministers shall hold office
during the pleasure of the Governor:
Provided that in the States of Bihar, Madhya Pradesh and Orissa, there shall be a Minister in charge of
tribal welfare who may in addition be in charge of the welfare of the Scheduled Castes and backward
classes or any other work.
(1A) The total number of Ministers, including the Chief Minister, in the Council of Ministers in a State
shall not exceed fifteen per cent. of the total number of members of the Legislative Assembly of that
State:
(2) Provided that the number of Ministers, including the Chief Minister in a State shall not be less than
twelve:
(3) A Minister who for any period of six consecutive months is not a member of the Legislature of the
State shall at the expiration of that period cease to be a Minister.
(4) The salaries and allowances of Ministers shall be such as the Legislature of the State may from
time to time by law determine and, until the Legislature of the State so determines, shall be as
specified in the Second Schedule.
STATE LEGISLATURE
168. Constitution of Legislatures in States.—
(1) For every State there shall be a Legislature which shall consist of the Governor, and—
(a) in the States of Bihar, Maharashtra, Karnataka and Uttar Pradesh, two Houses;
(b) in other States, one House.
(2) Where there are two Houses of the Legislature of a State, one shall be known as the
Legislative Council and the other as the Legislative Assembly, and where there is only one House, it
shall be known as the Legislative Assembly.
Legislative Assembly
The Vidhan Sabha also known as Legislative Assembly is the lower house of state legislature in

India. Members of the Vidhan Sabha are direct representatives of the people of the particular state as
they are directly elected by an electorate consisting of all adult citizens of that state. Its maximum size
as outlined in the Constitution of India is not more than 500 members and not less than 60. However, it
can be less than 60 by an Act of Parliament like in the states of Goa, Sikkim and Mizoram. The
Governor can appoint 1 member to represent the Anglo-Indian community if he or she finds that
community to not be adequately represented in the House.
Each Vidhan Sabha is formed for a five year term after which all seats are up for election. During a
State of Emergency, its term may be extended past five years or it may be dissolved. It can also be
dissolved if a motion of no confidence is passed within it against the majority party or coalition.
Qualifications
To become a member of the Vidhan Sabha, a person must be a citizen of India, not less than 25 years
of age. He should be mentally sound and should not be bankrupt. He should also state an affidavit that
there are no criminal procedures against him.
The members of the Vidhan Sabha elect a Speaker of Vidhan Sabha who is responsible for the conduct
of business of the body, and also a Deputy Speaker to preside during the Speaker's absence. The
Speaker acts as a neutral judge and manages all debates and discussions in the house. Usually he is a
member of the stronger political party
The Vidhan Sabha holds equal legislative power with the upper house of state legislature, the Vidhan
Parishad, except in the area of money bills in which case the Vidhan Sabha has the ultimate authority.
If conflicting legislation is enacted by the two Houses, a joint sitting is held to resolve the differences.
In such a session, the members of the Vidhan Sabha would generally prevail, since the Vidhan Sabha
includes more than twice as many members as the Vidhan Parishad.
Powers & Functions
A motion of no confidence against the government in the state can only be introduced in the Vidhan
Sabha. If it is passed by a majority vote, then the Chief Minister and his Council of Ministers must
collectively resign.
A money bill can only be introduced in Vidhan Sabha. After it is passed in the Vidhan Sabha, it is sent
to the Vidhan Parishad, where it can be kept for a maximum time of 14 days. Unless the Vidhan
Parishad rejects it or 14 days lapse or the suggestions made by the Vidhan Parishad are not acceptable
to the Vidhan Sabha, the bill is considered passed. The budget of state is also presented in the Vidhan
Sabha by the Finance Minister of the state in the name of the Governor of that state.
In matters related to ordinary bills, after it is passed by the originating house (that is either Vidhan
Sabha or Vidhan Parishad) it is sent to the other house, where it can be kept for a maximum period of 6
months time. If the other house rejects the bill or 6 months pass or the suggestions made by the other
house is not acceptable to the originating house, it results in a situation of deadlock. This is resolved by
the Governor by calling a joint session of both houses which is presided over by the speaker of the
Vidhan Sabha and decided by a simple majority. Since the Vidhan Sabha has greater numerical
strength, it is in a position of advantage unless fractured by many different parties
Legislative Council
The Vidhan Parishad also known as Legislative Council forms a part of the state legislatures of
India. In 6 of India's 28 states (Uttar Pradesh, Bihar, Karnataka, Maharashtra, Jammu and Kashmir and
Andhra Pradesh), the Legislative Council serves as the upper house of a bicameral legislature. It is a
house indirectly elected by the people. It is also a permanent house because it cannot be dissolved.
Also, only one-third of its members run for election every 2 years. Every MLC (Member of Legislative
Council) serves for a term of 6 years.
Qualifications
• To become an MLC, a person must be a citizen of India, not under 30 years of age.
• He should be mentally sound and should not be bankrupt.
• His name should be on the voter's list of the state from where he is contesting the elections.
Membership
The size of the Vidhan Parishad cannot be more than one-third the membership of the Vidhan
Sabha, the Legislative Assembly (lower house) of that state.

But its size cannot be less than 40 except in Jammu and Kashmir where there are 36 by an
Act of Parliament.
One-sixth of its membership is nominated by the Governor from among persons who
have excelled in science, arts, social service and other activities.
Another one-third is elected by the local government bodies and one-
twelfth by teachers of secondary schools, colleges and universities.
THE HIGH COURTS IN THE STATES
214. High Courts for States.—

There shall be a High Court for each State.
215. High Courts to be courts of record.—
Every High Court shall be a court of record and shall have all the powers of such a court including the
power to punish for contempt of itself.
216. Constitution of High Courts.—
Every High Court shall consist of a Chief Justice and such other Judges as the President may from
time to time deem it necessary to appoint.
217. Appointment and conditions of the office of a Judge of a High Court—
(1) Every Judge of a High Court shall be appointed by the President by warrant under his hand and seal
after consultation with the Chief Justice of India, the Governor of the State, and, in the case of
appointment of a Judge other than the Chief Justice, the Chief Justice of the High Court, and shall hold
office, in the case of an additional or acting Judge, as provided in article 224, and in any other case,
until he attains the age of sixty-two years: Provided that—
(a) a Judge may, by writing under his hand addressed to the President, resign his office;
(b) a Judge may be removed from his office by the President in the manner provided in clause (4) of
article 124 for the removal of a Judge of the Supreme Court;
(c) (c) the office of a Judge shall be vacated by his being appointed by the President to be a Judge of
the Supreme Court or by his being transferred by the President to any other High Court within the
territory of India.
(2) A person shall not be qualified for appointment as a Judge of a High Court unless he is a citizen of
India and—
(a) has for at least ten years held a judicial office in the territory of India; or
(b) has for at least ten years been an advocate of a High Court or of two or more such Courts
in succession.
219. Oath or affirmation by Judges of High Courts.—
Every person appointed to be a Judge of a High Court shall, before he enters upon his office, make and
subscribe before the Governor of the State, or some person appointed in that behalf by him, an oath or
affirmation according to the form set out for the purpose in the Third Schedule.
220. Restriction on practice after being a permanent Judge.—
No person who, after the commencement of this Constitution, has held office as a permanent Judge of
a High Court shall plead or act in any court or before any authority in India except the Supreme Court
and the other High Courts.
222. Transfer of a Judge from one High Court to another.—
(1) The President may, after consultation with the Chief Justice of India, transfer a Judge from one
High Court to any other High Court.
(2) When a Judge has been or is so transferred, he shall, during the period he serves, after the
commencement of the Constitution (Fifteenth Amendment) Act, 1963, as a Judge of the other High
Court, be entitled to receive in addition to his salary such compensatory allowance as may be
determined by Parliament by law and, until so determined, such compensatory allowance as the
President may by order fix.
223. Appointment of acting Chief Justice.—

When the office of Chief Justice of a High Court is vacant or when any such Chief Justice is, by reason
of absence or otherwise, unable to perform the duties of his office, the duties of the office shall be
performed by such one of the other Judges of the Court as the President may appoint for the purpose.
224. Appointment of additional and acting Judges.—
(1) If by reason of any temporary increase in the business of a High Court or by reason of arrears of
work therein, it appears to the President that the number of the Judges of that Court should be for the
time being increased, the President may appoint duly qualified persons to be additional Judges of the
Court for such period not exceeding two years as he may specify.
(2) When any Judge of a High Court other than the Chief Justice is by reason of absence or for any
other reason unable to perform the duties of his office or is appointed to act temporarily as Chief
Justice, the President may appoint a duly qualified person to act as a Judge of that Court until the
permanent Judge has resumed his duties.
(3) No person appointed as an additional or acting Judge of a High Court shall hold office after
attaining the age of sixty-two years.
225. Jurisdiction of existing High Courts.—
Subject to the provisions of this Constitution and to the provisions of any law of the appropriate
Legislature made by virtue of powers conferred on that Legislature by this Constitution, the
jurisdiction of, and the law administered in, any existing High Court, and the respective powers of the
Judges thereof in relation to the administration of justice in the Court, including any power to make
rules of Court and to regulate the sittings of the Court and of members thereof sitting alone or in
Division Courts, shall be the same as immediately before the commencement of this Constitution:
Provided that any restriction to which the exercise of original jurisdiction by any of the High Courts
with respect to any matter concerning the revenue or concerning any act ordered or done in the
collection thereof was subject immediately before the commencement of this Constitution shall no
longer apply to the exercise of such jurisdiction.
226. Power of High Courts to issue certain writs.—
(1) Notwithstanding anything in article 32 every High Court shall have power, throughout the
territories in relation to which it exercises jurisdiction, to issue to any person or authority, including in
appropriate cases, any Government, within those territories directions, orders or writs, including writs
in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them,
for the enforcement of any of the rights conferred by Part III and for any other purpose.
(2) The power conferred by clause (1) to issue directions, orders or writs to any Government, authority
or person may also be exercised by any High Court exercising jurisdiction in relation to the territories
within which the cause of action, wholly or in part, arises for the exercise of such power,
notwithstanding that the seat of such Government or authority or the residence of such person is not
within those territories.
(3) Where any party against whom an interim order, whether by way of injunction or stay or in any
other manner, is made on, or in any proceedings relating to, a petition under clause (1), without—
(a) furnishing to such party copies of such petition and all documents in support of the plea for such
interim order; and
(b) giving such party an opportunity of being heard,
makes an application to the High Court for the vacation of such order and furnishes a copy of such
application to the party in whose favour such order has been made or the counsel of such party, the
High Court shall dispose of the application within a period of two weeks from the date on which it is
received or from the date on which the copy of such application is so furnished, whichever is later, or
where the High Court is closed on the last day of that period, before the expiry of the next day
afterwards on which the High Court is open; and if the application is not so disposed of, the interim
order shall, on the expiry of that period, or, as the case may be, the expiry of the said next day, stand
vacated.
(4) The power conferred on a High Court by this article shall not be in derogation of the
power conferred on the Supreme Court by clause (2) of article 32.
227. Power of superintendence over all courts by the High Court.—
(1) Every High Court shall have superintendence over all courts and tribunals throughout the territories
in relation to which it exercises jurisdiction.
(2) Without prejudice to the generality of the foregoing provision, the High Court may—
(a) call for returns from such courts;
(b) make and issue general rules and prescribe forms for regulating the practice and proceedings of
such courts; and

(c) prescribe forms in which books, entries and accounts shall be kept by the officers of any such
courts.
(3) The High Court may also settle tables of fees to be allowed to the sheriff and all clerks and
officers of such courts and to attorneys, advocates and pleaders practising therein:
Provided that any rules made, forms prescribed or tables settled under clause (2) or clause (3) shall not
be inconsistent with the provision of any law for the time being in force, and shall require the previous
approval of the Governor.
(4) Nothing in this article shall be deemed to confer on a High Court powers of superintendence
over any court or tribunal constituted by or under any law relating to the Armed Forces.
228. Transfer of certain cases to High Court.—
If the High Court is satisfied that a case pending in a court subordinate to it involves a substantial
question of law as to the interpretation of this Constitution the determination of which is necessary for
the disposal of the case, it shall withdraw the case and may—
(a) either dispose of the case itself, or
(b) determine the said question of law and return the case to the court from which the case has been so
withdrawn together with a copy of its judgment on such question, and the said court shall on receipt
thereof proceed to dispose of the case in conformity with such judgment.
229. Officers and servants and the expenses of High Courts.—
(1) Appointments of officers and servants of a High Court shall be made by the Chief Justice of
the Court or such other Judge or officer of the Court as he may direct:
Provided that the Governor of the State may by rule require that in such cases as may be specified in
the rule no person not already attached to the Court shall be appointed to any office connected with the
Court save after consultation with the State Public Service Commission.
(2) Subject to the provisions of any law made by the Legislature of the State, the conditions of service
of officers and servants of a High Court shall be such as may be prescribed by rules made by the
Chief Justice of the Court or by some other Judge or officer of the Court authorised by the Chief
Justice to make rules for the purpose:
Provided that the rules made under this clause shall, so far as they relate to salaries, allowances, leave
or pensions, require the approval of the Governor of the State.
(3) The administrative expenses of a High Court, including all salaries, allowances and pensions
payable to or in respect of the officers and servants of the Court, shall be charged upon the
Consolidated Fund of the State, and any fees or other moneys taken by the Court shall form part of
that Fund.
230. Extension of jurisdiction of High Courts to Union territories.—
(1) Parliament may by law extend the jurisdiction of a High Court to, or exclude the jurisdiction of a
High Court from, any Union territory.
(2) Where the High Court of a State exercises jurisdiction in relation to a Union territory,—
(a) nothing in this Constitution shall be construed as empowering the Legislature of the State to
increase, restrict or abolish that jurisdiction; and
(b) the reference in article 227 to the Governor shall, in relation to any rules, forms or tables for
subordinate courts in that territory, be construed as a reference to the President.
231. Establishment of a common High Court for two or more States.—

(1) Notwithstanding anything contained in the preceding provisions of this Chapter, Parliament may by
law establish a common High Court for two or more States or for two or more States and a Union
territory.

UNIT VI
Electoral Process in India
ELECTORAL PROCESS
According to the constitution, parliament has enacted the

- Representation of People‘s Acts 1950 & 1951 to prescribe the mode of election
- Delimitation Commission Acts 1962 & 1972 for the delimitation of constituencies for the
election
• Delimitation of constituencies:
- done by the Delimitation commission appointed by the President after every census.
- demarcates the constituencies as general or reserved according to the population.
- decision is final & cannot be challenged by any court
• Notification of Election:
- election notification issued by President of India for the election of loksabha
- election notification issued by Governor of state for the election of legislative assembly
• Notification by the election Commission regarding Nomination & Withdrawal:

- announces the dates for the filing of nomination & withdrawal.
Filing of Nomination Papers by the intending Candidates:
- Candidates have to file their nomination papers.
- Candidates belonging to political parties should submit ‗B‘ form issued by their party.
- election deposit for loksabha is Rs10000.
- election deposit for legislative assembly
is Rs 5000.
- candidates belonging to SC & ST, election deposit for loksabha is Rs 5000 & election deposit for
legislative assembly is Rs 2500.
- election deposit will be returned if the candidate secures more than 1/6th of the total votes polled
in his constituency.
• Verification & Acceptance or rejection of the Nomination Papers:

- Election Commission verifies the nomination papers & accepts, which are in order & rejects
which are not in order.
- announces the names of the candidates
• Election Campaign:
- period of election campaign is 14 days.
- campaign should be stopped before 36 hours from the date of election.
• Polling Process:
- takes place on the fixed date & fixed place.
- voting machines are used to vote
• Counting & Announcement of election
- Election commission announces the names of the successful candidates
- Certificate will be issued to confirm.
- Article 324 of the constitution for the establishment of Election Commission in India
- Controls over the elections of the President, Vice President, loksabha & legislative assembly.
- An independent body like Supreme Court of India.
- Performs its functions freely without the influence & interference of political parties
& executives.
- Election Commission of India consist of the Chief Election Commissioner & other two
Election Commissioners.
- The President may increase the number of Election Commissioners.
- President in consultation of Election Commission, appoints the Regional Commissioners
for each state.
- The terms of office of the Election Commissioners are determined under an act of
the Parliament, which came in to force on 25th Jan 1991.
- Holds the office for a term of 6 years.
- Retirement age of the Election Commissioners is 65 years.
- Preparation of electoral rolls
- Revision of electoral rolls

- Allotment of seats
- Conduct of elections
- Granting of recognition to political parties
- Allotment of symbols
- Ensuring fair & free elections
AMENDMENT
Definition: a statement that is added to or revises or improves a proposal or document (a bill or

constit ution etc.) The procedure is laid out in Part XX, Article 368 of the constitution.
Despite these rules there have been over ninety amendments to the constitution since it was enacted in
1950. The Indian Supreme Court has ruled, controversially, that not every constitutional amendment is
permissible. An amendment must respect the "basic structure" of the constitution, which is immutable.
Amendments of the Indian Constitution have been done for the purpose of variation, addition or
cancellation of any provision made in the constitution. Since the enactment of the Constitution of India
on 26 November 1949, there have been 94 amendments made to it till 2006. Numbers of Bills are
introduced before Lok Sabha and Rajya Sabha for further improving the Constitution. Parliament has
been bestowed with the constituent power, using which changes in the Indian Constitution can be
made. However, the basic structure of the Indian Constitution cannot be changed under any
circumstances. In case any amendment violates the basic structure of constitution, it should be revised
and changed.
Constitutional Provision for Amendment of the Indian Constitution
Part XX of the Constitution of India deals with the Amendment of the Constitution. The Article 368
specifies the power of Parliament to amend the constitution and the procedure of it. It is also
mentioned in the Article that there will be no limitation on the constituent power of the Parliament for
amending it by adding, removing or improving the provisions made in it.
Procedure of the Amendments of the Indian Constitution
The method of an amendment to the constitution is considered to be a highly complicated procedure.

Amendment can be made by various methods, which have been modeled based on the South African
Constitution. The initial step of an amendment of the constitution is the introduction of Bills regarding
it in any one of the houses of the Parliament. The Bills can be passed by simple majority of the
Parliament. Before sending the Bills for President's assent, there can be a voting among the members
of Parliament present. If majority of them votes in favor of the amendments, it is accepted. An
amendment can also be finalized if two-thirds of the members of Parliament present vote in its favor.
However, the number of voters should be more than half of the total number of members of the house.
This method is known as 'special majority of the Parliament'. In some cases, Bills for amendments to
the Indian Constitution, finalized in this method, may also require the ratification of the Legislatures
of atleast half of the Indian States.
Constitution (42nd Amendment) Act, 1972:

• Firstly, it changed the characterization of India to ―sovereign, socialist secular democratic republic‖ from ―sovereign democratic republic.‖
• Secondly, the words ‗unity of the nation‘ was changed to ‗unity and integrity of the nation‘.
• 42nd Constitutional Amendment froze the readjustment in constituencies for election to Lok
Sabha, and State Legislative Assemblies, after every census held after an interval of ten years
at the point of 1971 census till the holding of the first census after the year 2000.
• The fixation of the number of seats for the Schedule Constitutional Amendments and the
Schedule tribes in Lok Sabha and State Legislative Assemblies was also frozen
• The quorum in a House of Parliament or a State Legislature was left to be fixed by the rules of
each house.
• It extended the term of Lok Sabha and State Legislative Assemblies from five to six years. A
person holding an ‗office of profit‘ is disqualified from the membership of parliament or a State
Legislature and have courts power to declare what was an office of profit was ceased.
Similarly, disqualification Constitutional Amendment of the members of the State Legislature
was to be decided by the President in consultation with the Election Commission as in

Constitutional Amendments of Parliament, till then the power vested in the Governor.
42nd Constitutional Amendment amended Art. 74 and explicitly laid that the President shall act
in accordance with the advice of the Council of Ministers. But no such provision was made by
42nd constitutional amendment as regards the State Governors. Thus the Governor has certain
discretionary functions to discharge in respect of which he is not bound by ministerial advice
Art.352 was amended to authorize the President to vary proclamation of emergency but earlier
he could not. For this some necessary changes were made in Article 353, 358 and 359.
Earlier the proclamation of emergency under Art.356 needed parliamentary approval to operate
at the end of every six years but now this period was extended to one year. Amendment of
Article 357 ensured that laws made for a State when it was under Art.356 emergency was not to
come to an end automatically Constitutional Amendment after the expiry of the emergency but
would continue in operation until the State Legislature made changes.
42nd Constitutional Amendment added few more Directive Principles, viz Art.39A, Art.43A,
Art. 48A.
Art. 31C was amended to give primacy to all Directive Principles over the Fundamental Rights
irrespective of their being inconsistent with any of the rights conferred by Article 14, 19 or 31.
Constitution (44th Amendment) Act, 1978:
This Amendment brought a lot of changes in many Articles. The preventive detention for a period of
more than two months can be ordered only on the recommendations of an Advisory Board. The right to
property was omitted as a fundamental right and made as a legal right. But minorities will have rights
to establish or run their educational institutions as before.
Constitution (74th Amendment) Act,1992:
To ensure effective functioning of the Urban Local Bodies, a new part IX-A relating to the
Municipalities, i.e., Nagar Panchayats for areas in transaction from a rural area to Urban area,
Municipal Councils for smaller Urban areas and Municipal Corporations for larger urban areas.
This amendment places the Tamil Nadu Bill of Reservation within the preview of the Ninth Schedule
to the Constitution. The government of Tamil Nadu reserve 18% to Scheduled Castes, 1% to
Scheduled Tribes and 50% to Other Backward Castes (total 69%) in education institutions and public
employments.
1. This Act may be called the Constitution (Eighty-sixth Amendment) Act, 2002.
2. Insertion of new article 21A.- After article 21 of the Constitution, the following article shall be
inserted, namely:-
Right to education.-
"21A. The State shall provide free and compulsory education to all children of the age of six to
fourteen years in such manner as the State may, by law, determine.".
3. Provision for early childhood care and education to children below the age of six years.
"45. The State shall endeavor to provide early childhood care and education for all children until they
complete the age of six years."
4. Amendment of article 51A.- In article 51A of the Constitution, after clause (J), the following
clause shall be added, namely:-
"(k) who is a parent or guardian to provide opportunities for education to his child or, as the case
may be, ward between the age of six and fourteen years.".

Constitution (91st Amendment) Act, 2003
1. This Act may be called the Constitution (Ninety-first Amendment)Act, 2003. In article 75 of the
Constitution, after clause (1), the following clauses shall be inserted, namely:-―(1A) The total number
of Ministers, including the Prime Minister, in the Council of Ministers shall not exceed fifteen per
cent. Of the total number of members of the House of the People.
(1B) A member of either House of Parliament belonging to any political party who is disqualified for
being a member of that House under paragraph 2 of the Tenth Schedule shall also be disqualified to
be appointed as a Minister under clause (1) In article 164 of the Constitution, after clause (1), the
following clauses shall be inserted, namely:--
―(1A) The total number of Ministers, including the ChiefMinister, in the Council of Ministers in a
State shall not exceed fifteen per cent. of the total number of members of the Legislative Assembly of
that State: Provided that the number of Ministers, including ChiefMinister in a State shall not be less
than twelve: Provided further that where the total number of Ministers including the Chief Minister in
the Council of Ministers in any State at the commencement of the Constitution (Ninety-first
Amendment) Act,2003 exceeds the said fifteen per cent. or the number specified in the first proviso, as
the case may be, then, the total number of Ministers in that State shall be brought in conformity with
the provisions of this clause within six months from such date as the President may by public
notification appoint.
After article 361A of the Constitution, the following article shall be inserted, namely:--‗361B. A
member of a House belonging to any political party who is disqualified for being a member of the
House under paragraph 2 of the Tenth Schedule shall also be disqualified to hold any remunerative
political post for duration of the period commencing from the date of his disqualification till the date
on which the term of his office as such member would expire or till the date on which he contests an
election to a House and is declared elected, whichever is earlier.
In the Tenth Schedule to the Constitution,--

(a) In paragraph 1, in clause (b), the words and figure ―paragraph 3 or, as the case may be,‖ shall be omitted;
(b) In paragraph 2, in sub-paragraph (1), for the words and figures ―paragraphs 3, 4 and 5‖, the words and figures ―paragraphs 4 and 5‖shall be substituted;

Module 4
UNIT VII
SPECIAL PROVISIONS
The preamble to the constitution declares that India is a sovereign, Socialist, Secular & Democratic
Republic that secures to all its citizens. Justice- Social Economic & Political.
All these words written in capitals have there own significance. A democratic systems stands on the
foundations of equality and liberty. Indian constitution guarantees essential boons of Justice, Liberty,
Equality; Secularism & Socialism under Part-III containing Fundamental Rights and the Ideals of
Social and Economic Democracy has contained in Part IV having Directive Principle of State Policy.
Fundamental Rights were deemed essential to protect the rights and the liberties of the people against
the encroachment of the power delegated to them to the government.
They are limitation upon all powers of the government and they are essential for the preservation of
public and private rights.
I. WOMEN AND CHILDREN

II. BACKWARD CLASSES
SPECIAL PROVISIONS UNDER THE CONSTITUTION FOR WOMEN AND CHILDREN
The framers of the Indian constitution best owed sufficient thought on the position of women &
Children in the social order. This is evident from the provision of the constitution, which have not only
ensured equality between men and women but also provided specifically certain safeguards in favour
of women & children. Equality of status & of opportunity is a concomitant to the principle of social
justice. Women & children require special treatment on account of there nature. The reason is that
‗Women‘ Physical structure & performance of material functions requires special care.
ARTICLE 14:
―The State shall not deny to any Person EQUALITY BEFORE THE LAW OR EQUAL
PROTECTION LAWS with in the territory of India."
This provision aims at establishing Equality of status in the preamble and guarantees to all persons,
including women and children, The right to equality in law. Article 14 is general provision & has to be
read subject to the other provisions with in the part-III on Fundamental rights. Hence, any law making
provision for women and children under Article 15 (3) cannot be challenged on the ground of
contravention of Article14. The special provisions made under these provisions must be with in
reasonable limits.
ARTICLE 15 :
The state shall not discriminate against any citizen on grounds only of religion, race, Caste, Sex,
Place of birth or any of them.
No Citizen shall, on grounds only of religion, race, caste, sex place of birth or any of them, be
subject to any disability, liability, restriction or condition with regard to –
Access to shops, public restaurants, hotels & place of public entertainment; or
The use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or
partially out of state funds or dedicated to the use of the general public.
Nothing in this Article shall prevent the state from making any special provisions for women and
children.
SPECIAL PROVISIONS FOR WOMEN:
Article 15(3) has enabled the state to make special provisions under: -
Section: 354 Indian Penal Code (IPC) : Assaulting or using force to a woman with intent to outrage
her modesty; imprisonment for 2 years or with fine or with both.
Section 497 IPC: Which only punishes man in cases of Adultery & Exempts the women from
punishment even though she may be equally guilty as an abettor. This provision is also applicable for

children.
Section 497 (1) Criminal Procedure Code: Making special treatment for women and children in
matter of granting Bail.
Section 494 IPC: This makes Bigamy a punishable offence.
The Hindu Marriage Act of 1955 has made Bigamy punishable offence & Given greater strength
to monogamy
Reservation of seats in local body.
The Hindu Succession Act, 1956 made for reaching changes in the law improved the position of
women & treated women on par with men in case of property succession.
Separate educational institutions exclusively for women.
Reservation of a seats or places for women in public conveyances & places of public resort.
The Factories Act, 1948 provides separate facilities & treatment for women.
Maternity Benefit Act, 1961 provides free medical treatment & maternity leave for women.
The State is competent under Article 15(3) 16(1) 16(2) & 16(4) of the constitution to give preference
to women in Government Jobs where they are equally mentions but more suited than men. These
constitutional provisions, no doubt ensures equality of opportunity to women. The purpose of Article
15(3) is to improve the status of women, to empower them in a manner that would bring about
effective equality between men & women.
The supreme court gave wider interpretation to the phrase ―Special Provisions‖ under Article 15(3) to include
with in ambits not only positive state acts like concessions, preferences, benefits, etc but also reservation of
posts or appointment in public service in favor of women. Based on wider interpretation of the Supreme Court
Rule 22-A(2) of Andra Pradesh State & subordinate service rules provided to the extent of 30% of the posts to
women. Therefore, Based on the above instances of Article 15(3) has been described as ‗Protective
discriminations‘ for women. The framers of the constitution took a pragmatic view. In incorporating Article
15(3) because they expected that this provision might compensate the laws of opportunities suffered by women
during the last several centuries. Hence clause (3) of Article 15 of the constitution may be described as a
compensatory provision for women. The following are the relevant provisions in respect of women in Directive
Principles of State Policy.
Article 39(a): Equal Right of men and women to adequate means of livelihood and free legal aid.
Article 39(d): Equal pay for equal work for both men and women.
Article 42: Directs the state to make provision for securing just human conditions and for maternity
relief.
Article 47: Duty to raise the stand of living and improvement of health.
SPECIAL PROVISIONS FOR CHILDREN:
Article 15(3) empowers the state to make special provision for children. The constitution makers had
known that the India of their vision would not be a reality, if the children of the country are not
matured and educated. For this and thief exploitation by different profit makers for their personal gain,
the constitution makers incorporated.
Under Part III Fundamentals Rights the following provisions. Article 15(3) empowers the state
to make special provisions for children under this clause and it is an exceptions for children under this
clause and it is an exception to the rule against discrimination provided by clauses (1) & (2) of Article
15. Special provisions may be made either by legislation or by executive order.
Article 21-A : The Constitution (86th amendment ) Act, 2002 added this Article 21-A has made
education for all children of the age of 6 to 14 years a fundamental right.
For the success of democratic system of Government, education is one of the basic elements.
Education gives a person human dignity & develops himself & contributes to the development of the
country. The makers of the constitution realising the importance of education have imposed a duty on

the state under Article 45 as one of the directive principle of State policy to provide free & compulsory
education to all children between the age of 6 to 14 years. The Supreme Court during 1993 in
Unnikrishnan Case declared that right to education for the children of the age 6 to 14 is a fundamental
right. Even after this, there was no improvement, but the Government enacted constitution (86 th
Amendment) Act, 2002 which would make education a Fundamental Right.
The question arises as to how this right would be implemented since the population of the
country has considerably increased & the number of Children of age from 6 to 14 years are in crores.
Article 24 :No Child below the age of 14 years shall be employed to work in any factory or mine or
engaged in any other hazardous employment.
This Article prohibits employment of children below 14 years of age in factories & hazardous
employment. It is in the interest of Public health & safety of life of children. Children are assets of the
nation.
The following are Indian legislations dealing with prohibition & regulation of child labour.
The General Legislations are :-
The Factories Act, 1948.

The Plantation workers act, 1951.
The Mines Act, 1952.
The Merchant & Shipping Act, 1958.
The Motor Transport Workers Act, 1961.
The Karnataka Shops 7 Commercial Establishments Act, 1961.
The Beedi & Cigar Workers Act, 1966.
The Dangerous Machinery Act, 1983.
Further, Part IV Directive Principles of State Policy imposes upon the states the obligation under
Article 39(e) to protect health & strength of workers & tender age of children & to ensure that they are
not forced by economic necessity to enter avocations unsuited to their age or strength.
Article 39(f): The Children are given opportunities & facilities to develop in a healthy manner & in
conditions of freedom & dignity & that childhood & youth are protected against exploitation & against
moral & material abandonment.
Fundamental Duty Under Article 51 (K) in Part IV-A:
The Constitution (86 Amendment) Act 2002 has added a new clause (K) to Article 51-A who
provides ―who is parent or guardian to provide opportunities for education to his child as the case
may be, ward between the age of six & fourteen years.
Some of the employments like cinema production, operation, TV serial production, domestic
works, commercial advertisements, activities involved in tourism etc in which employment of child
not covered by the existing legislations.
II CONSTITUTIONAL PROVISIONS FOR BACKWARD CLASSES :
In the preceding lecture we have analyzed the constitutional provisions for women & children. It is
now necessary to know the constitutional provisions for backward classes in Article-14, 15, 16 & 17 &
other provisions of the constitution.
Determination of backward classes:

The term ‗Backward classes‘ has not been defined in the constitution. The preamble to the constitution
declares that it secures to all its citizens Justice, Social, Economic & Political. In the light of Distributive
Justice Article 14 guarantees Equality before law or equal protection of laws for all. Article 15 prohibits
discrimination on various grounds. Article 16 ensures equality in public employment. The ingredient of
‗Socialism‘ finds its place in the system of reservation & safeguards that the state may introduce to uplift
the weaker sections or backward classes of the society. Now the question arises as to who can be
considered as ―backward‖ & what criteria should be adopted to determine it. As already mentioned the
term ―Backward Classes‖ has not been defined in the constitution, but the same term is used in Article 340
which provides the President may by order appoint a commission to investigate the conditions of
―Backward Classes‖ within the territory of India.
The commission so appointed may in its report suggest, among others, steps that should be taken to
improve their conditions. But even here the definition of the term is not furnished. Therefore, the State
must have a clear idea as to who actually constitute Backward Classes. It is necessary to know the

criteria or factors which have to be taken into consideration to determine Backward Classes for the
effective utilization of reservation benefits depends much upon the clear determination of the said
classes of citizens for whose benefit & uplift they have been incorporated into the constitution.
The Scheduled Castes & Scheduled Tribes (SC & ST) being mentioned with the ‗Backward Classes‘
in matters of reservation refers to classes persons other than the members of the Scheduled Castes &
Tribes. Article 341 & 341 of the constitution which provides that the President has been expressly
authorized to limit the notification to parts or groups of castes within the castes.
It is clear, therefore, that President‘s order shall specify the list of castes included in this category &
any other caste may be included in it if sufficient evidence is produced in its favor. But the presidential
notification is not open to judicial scrutiny. A person belonging to Scheduled Caste must be either a
Hindu or a Sikh. Thus, the reservation privilege is not available to the Christians, Muslims, Buddhists,
Parsis etc.
BACKWARD CLASS COMMISSIONS :
The prescribed of India, acting under Article 340 of the Constitution appointed the following
Backward Class commissions.
1. Kaka Saheb Kalelkar commission 1953.

2. Dr. Naganna Gowda committee 1960 (Mysore).
3. Kumara Pillai Commission 1964 (Kerala).
4. Sattanathan commission 1969 (Tamil Nadu).
5. Damodaran Commission 1967 (Kerala).
6. Mandal commission 1978.
SPECIAL PROVISIONS FOR ADVANCEMENT OF BACKWARD CLASSES.

PROTECTIVE DISCRIMINATION :-
Articles 14 to 16 of the Constitution guarantee the right to equality to every citizen of India. Article 14
embodies the general principles of equality expressed in the preamble. Articles 15 & 16 laid down
specific application of the General Rules laid down in Article 14.
Article 14: ―The State shall not deny to any person equality before the law or equal protection of laws within the territory of India.‖
The concept of equality doesn‘t mean absolute equality among human beings, which is physically not
possible to achieve. It is a concept implying absence of any special privilege by reason of birth, creed
or the like in favour of any individual & also the equal subject of all individuals & classes to the
ordinary law of the land. The Concept Equality before the Law derived from English Rule of Law.
Equality before the law means like should be treated alike. Among equals the law should be equal &
should be equally administered. The protection of Article 14 extends both citizens & non-citizens & to
natural persons as well as legal persons.
ARTICLE 14 PERMITS REASONABLE CLASSIFICATION:

The classification however must not be ‗arbitrary, artificial or evasive but must be based on
some real & substantial distinction bearing a just & reasonable relation to the object sought to be
achieved by the legislation.
TEST OF REASONABLE CLASSIFICATION:

Classification to be reasonable must fulfill the following two conditions:-
The classification must be founded on an intelligible which distinguishes persons or things that
are grouped together from others left out of the group.
The differentia must have a rational relation to the object sought to be achieved by the Act.
ARTICLE 15 : The guarantee under Article 15 is available to citizens only & not to every person
whether ‗Citizen or non-citizen as under Article 14, Article 15(1) direct the State not to discriminate
against a citizen on grounds only of religion, race, caste, sex or place of birth or any of them. Article
15(2) prohibits both state & private individual, on the grounds only of religion, race, caste, sex or place
of birth or any of them with regard to (a) access to shops, public restaurants, hotels & places public
entertainment, or (b) the use of wells, tanks, baths, roads & places of public resort. The object of Art
15(2) is to eradicate the social evils of caste system.
ARTICLE 15 (3) : SPECIAL PROVISIONS FOR WOMEN & CHILDREN :
Which we have already discussed in the earlier discussion, which is an exception to Article 15(1) &
(2).
RESERVATIONS IN MATTERS OF PUBLIC EMPLOYMENT :
Article 16 :
There shall be equality of opportunity for all citizens in matters relating to employment or appointment
to any office under the State.
No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or
any of them, be ineligible for, or discriminated against in respect of nay employment or office under
the state.
Article 16 is an instance of the application of the general rule of equality before law laid down in
Article 14 and of the prohibition of discrimination in Article 15(1) with respect to the opportunity
for employment or appointment to any officer under the state.
Article 16(3) is an exception to clause (2) of this Article which forbids discrimination on the ground of
Residence. This Article empowers parliament to regulate by the law the extent to which it would be
permissible for a state to depart from the above principle. It provides that no one will be disqualified on
the ground one is not the resident of a particular state.
Article 16(4) is the second exception to the general rule embodied in Articles 16(1) & (2). It
empowers the State to make special provision for the reservation of appointments of posts in favour of
any backward class of citizens. Article 16 (4) applies only if two conditions are satisfied.
EMERGENCY PROVISIONS
The President can declare three types of emergencies:
1. National emergency
2. State emergency
3. Financial emergency
NATIONAL EMERGENCY UNDER ARTICLE 352
National emergency is caused by war, external aggression or armed rebellion in the whole of
India or a part of its territory. Such an emergency was declared in India in 1962 (Indo-China war),
1971 (Indo-Pakistan war), and 1975 (declared by Indira Gandhi to maintain law and order in the
country). The President can declare such an emergency only on the basis of a written request by the
Council of Ministers headed by the Prime Minister. Such a proclamation must be approved by the
Parliament within one month. Such an emergency can be imposed for six months. It can be extended
by six months by repeated parliamentary approval.
In such an emergency, Fundamental Rights of Indian citizens can be suspended. The six
freedoms under Right to Freedom are automatically suspended. However, the Right to Life and
Personal Liberty cannot be suspended according to the original Constitution. It modifies the federal
system of government to a unitary one.
In January 1977 however, during the emergency declared controversially by Indira Gandhi, the
government decided to suspend even the Right to Life and Personal Liberty by dispensing with Habeas
corpus. Chief Justice Hans Raj Khanna defended the Right to Life and asked: "Life is also mentioned
in Article 21 and would Government argument extend to it also?". The Attorney General observed:
"Even if life was taken away illegally, courts are helpless.
The Parliament can make laws on the 66 subjects of the State List (which contains subjects on
which the state governments can make laws). Also, all money bills are referred to the Parliament for its
approval. The term of the Lok Sabha can be extended by a period of one year but not more than six
months from the date when the emergency has ceased to exist.
STATE EMERGENCY UNDER ARTICLE 356
State emergency is declared on failure of constitutional machinery in a state. Nearly every

state in India has been under a state of emergency at some point of time or the other. The state of
emergency is commonly known as 'President's Rule'
If the President is satisfied, on the basis of the report of the Governor of the concerned state or
from other sources that the governance in a state cannot be carried out according to the provisions in

the Constitution, he can declare emergency in the state. Such an emergency must be approved by the
Parliament within a period of two months.
It is imposed for six months and can last for a maximum period of three years with repeated
parliamentary approval every six months. If the emergency has to be extended for more than three
years, it can be done by a constitutional amendment, as has happened in Punjab and Jammu and
Kashmir.
During such an emergency, the President can take over the entire work of the executive, and the
Governor administers the state in the name of the President. the Legislative Assembly can be dissolved
or may remain in suspended animation. The Parliament makes laws on the 66 subjects of the state list
(see National emergency for explanation). All money bills have to be referred to the Parliament for
approval. In this situation ministers of state legislature are not allowed to perform action in state.
FINANCIAL EMERGENCY UNDER ARTICLE 360
If the President is satisfied that there is an economic situation in which the financial stability or
credit of India is threatened, he or she can declare financial emergency. Such an emergency must be
approved by the Parliament within two months. It has never been declared. Such a situation had arisen
but was avoided by selling off of the gold assets of India
It remains enforced till the President revokes it.
In case of a financial emergency, the President can reduce the salaries of all government
officials, including judges of the Supreme Court and High Courts. All money bills passed by the State
legislatures are submitted to the President for his approval. He can direct the state to observe certain
principles (economy measures) relating to financial matters.
The phrase Emergency period used loosely, when referring to the political history of India, often refers
to the third and the most controversial of the three occasions.

UNIT VIII
Muncipalities
Municipal Governance in India has been in existence since the year 1687 with the formation of
Madras Municipal Corporation and then Calcutta and Bombay Municipal Corporation in 1726. In early
part of the nineteenth century almost all towns in India had experienced some form of municipal
governance. In 1882 the then Viceroy of India, Lord Ripon's resolution of local self-government laid
the democratic forms of municipal governance in India.
In 1919, a Government of India act incorporated the need of the resolution and the powers of
democratically elected government were formulated. In 1935 another Government of India act brought
local government under the purview of the state or provincial government and specific powers were
given.
According to Census of India, 1991, there are 3255 Urban Local Bodies (ULB)s in the country;
classified into four major categories of
1. Municipal Corporation
2. Municipalities (Municipal Council, Municipal Board, Municipal Committee)
3. Town Area Committee

4. Notified Area Committee
The municipal corporations and municipalities are fully representative bodies, while the notified
area committees and town area committees are either fully or partially nominated bodies.
As per the Indian Constitution, 74th Amendment Act of 1992, the latter two categories of towns are
to be designated as municipalities or nagar panchayats with elected bodies. [1] Until the amendments in
state municipal legislations, which were mostly made in 1994, municipal authorities were organised on
an Latin: ultra vires (beyond the authority) basis and the state governments were free to extend or
control the functional sphere through executive decisions without an amendment to the legislative
provisions.
After the 74th Amendment was enacted there are only three categories of urban local bodies:
Administrative structure of India

Mahanagar Nigam (Municipal Corporation)
Nagar Palika (Municipality)

Nagar Panchayat (Notified Area Council, City Council)

This article provides that there be a Nagar Panchayat for transitional areas i.e. an area in transition
from rural to urban, a municipality for a smaller urban area and a municipal corporation for a larger
urban area.[2] Article 243Q of the 74th Amendment requires that municipal areas shall be declared
having regard to the population of the area, the density of population therein, the revenue generated for
local administration, the percentage of employment in non-agricultural activities, the economic

importance or such other factors as may be specified by the state government by public notification for
this purpose.
Among all urban local governments, municipal corporations enjoy a greater degree of fiscal
autonomy and functions although the specific fiscal and functional powers vary across the states, these
local governments have larger populations, a more diversified economic base, and deal with the state
governments directly. On the other hand, municipalities have less autonomy, smaller jurisdictions and
have to deal with the state governments through the Directorate of Municipalities or through the
collector of a district. These local bodies are subject to detailed supervisory control and guidance by
the state governments.
Responsibilities of ULBs
The municipal bodies of India are vested with a long list of functions delegated to them by the
state governments under the municipal legislation. These functions broadly relate to public health,
welfare, regulatory functions, public safety, public infrastructure works, and development activities.
Public health includes Water supply, Sewerage and Sanitation, eradication of communicable diseases
etc.; welfare includes public facilities such as Education, recreation, etc.; regulatory functions related
to prescribing and enforcing Building regulations, encroachments on public land, Birth registration and
Death certificate, etc.; public safety includes Fire protection, Street lighting, etc.; public works
measures such as construction and maintenance of inner city roads, etc.; and development functions
related to Town planning and development of commercial markets. In addition to the legally assigned
functions, the sectoral departments of the state government often assign unilaterally, and on an agency
basis, various functions such as Family planning, Nutrition and slum improvement, disease and
Epidemic control, etc.
The Twelfth Schedule of Constitution (Article 243 w) provides an illustrative list of eighteen
functions, that may be entrusted to the municipalities. [1]
Mahanagar Nigam (Municipal Corporation)
Mahanagar Nigam a.k.a. (Municipal Corporation) in India are state government formed
departments that works for the development of a Metropolitan city, which has a population of more
than 1 Million. The growing population and urbanisation in various cities of India were in need of a
local governing body that can work for providing necessary community services like health centres,
educational institutes and housing and property tax.
They are formed under the Corporations Act of 1835 of panchayati raj system which mainly
deals in providing essential services in every small town as well as village of a district/city. Their
elections are held once in five year and the people choose the candidates. The largest corporations are
in the five metropolitan cities of India, namely Delhi, Mumbai, Kolkata, Chennai and Bangalore. These
cities not only have a large population, but are also the administrative as well as commercial centres of
the country.
Nagar Palika (Municipality)

In India, a Nagar Palika or Municipality or Nagar Nigam is an urban local body that
administers a city of population 100,000 or more. However, there are exceptions to that, as previously
nagar palikas were constituted in urban centers with population over 20,000 so all the urban bodies
which were previously classified as Nagar palika were reclassified as Nagar palika even if their
population was under 100,000. Under the Panchayati Raj system, it interacts directly with the state
government, though it is administratively part of the district it is located in. Generally smaller district
cities and bigger towns have a Nagar palika. Nagar palikas are also a form of local self-government,
entrusted with some duties and responsibilities, as enshrined and guided upon by the Constitutional
(74th Amendment)Act,1992.
The members of the Nagar palika are elected representatives for a term of five years. The town
is divided into wards according to its population, and representatives are elected from each ward. The
members elect a president among themselves to preside over and conduct meetings. A chief officer,
along with officers like an engineer, sanitary inspector, health officer and education officer who come
from the state public service are appointed by the state government to control the administrative affairs
of the Nagar Palika.
Nagar Panchayat (Notified Area Council)

A Nagar Panchayat or Notified Area Council or City Council is a form of an urban political
unit in India comparable to a municipality. An urban centre with more than 11,000 and less than
25,000 inhabitants is classified as a "Nagar Panchayat".

Each Nagar Panchayat has a committee consisting of a chairman with ward members.
Membership consists of a minimum of ten elected ward members and three nominated members. The
N.A.C. members of the Nagar Panchayat are elected from the several wards of the Nagar Panchayat on
the basis of adult franchise for a term of five years. There are seats reserved for Scheduled Castes,
Scheduled Tribes, backward classes and women. The Councillors or Ward Members chosen by direct
election from electoral wards in the Nagar Panchayat.
Panchayats
Panchayati Raj translates literally to ‘Governance by five individuals‘. The idea is to ensure at
the village or grass root level a functioning and vibrant democracy. While the idea of grassroot
democracy is not an alien import to our country, in a society where there are sharp inequalities
democratic participation is hindered on grounds of gender, caste and class. Furthermore, traditionally
there have been caste panchayats in villages. But they have usually represented dominant groups.
Furthermore, they often held conservative views and often have, and continue to take decisions
that go against both democratic norms and procedures. When the constitution was being drafted
panchayats did not find a mention in it. At this juncture, a number of members expressed their sorrow,
anger and disappointment over this issue. At the same time, drawing on his own rural experience Dr.
Ambedkar argued that local elites and upper castes were so well entrenched in society that local
selfgovernment only meant a continuing exploitation of the downtrodden masses of Indian society. The
upper castes would no doubt silence this segment of the population further.
The concept of local government was dear to Mahatma Gandhi too. He envisaged each village
as a self-sufficient unit conducting its own affairs and saw gram-swarajya to be an ideal model to be
continued after independence.
It was, however, only in 1992 that grassroots democracy or decentralised governance was
ushered in by the 73rd Constitutional Amendment. This act provided constitutional status to the
Panchayati Raj Institutions (PRIs). It is compulsory now for local self-government bodies in rural and
municipal areas to be elected every five years. More importantly, control of local resources is given to
the elected local bodies.
The 73rd and 74th amendments to the Constitution ensured the reservation of one third of the
total seats for women in all elected offices of local bodies in both the rural and urban areas. Out of this,
17 per cent seats are reserved for women belonging to the scheduled castes and tribes.
This amendment is significant as for the first time it brought women into elected bodies which
also bestowed on them decision making powers. One third of the seats in local bodies, gram
panchayats, village panchayats, municipalities, city corporations and district boards are reserved for
women.
The 1993-94 elections, soon after the 73rd amendment brought in 800,000 women into the
political processes in a single election. That was a big step indeed in enfranchising women. A
constitutional amendment prescribed a three-tier system of local self-governance (read Box 3.7 on the
last page) for the entire country, effective since 1992-93.
The three tier system of Panchayati Raj Institution

The structure is like a pyramid. At the base of the structure stands the unit of democracy or
Gram Sabha. This consists of the entire body of citizens in a village or grama. It is this general body
that elects the local government and charges it with specific responsibilities. The Gram Sabhas
ideally ought to provide an open forum for discussions and village-level development activities and
play a crucial role in ensuring inclusion of the weaker sections in the decision-making processes.
 The 73rd Amendment provided a three-tier system of Panchayati Raj for all states having
a population of over twenty lakhs.

 It became mandatory that election to these bodies be conducted every five years.

 It provided reservation of seats for the Scheduled Castes, Scheduled Tribes and thirty
three percent seats for women.

 It constituted District Planning Committee to prepare drafts and develop plans for the district
as a whole. 

Powers and Responsibilities of Panchayats

According to the Constitution, Panchayats should be given powers and authority to function as
institutions of self-government. It, thus, requires all state governments to revitalise local
representative institutions. The following powers and responsibility were delegated to the Panchayats:
 to prepare plans and schemes for economic development 

 to promote schemes that will enhance social justice

 to levy, collect and appropriate taxes, duties, tolls and fees 

help in the devolution of governmental responsibilities, especially that of finances to local
authorities
Social welfare responsibilities of the Panchayats include the maintenance of burning and burial
grounds, recording statistics of births and deaths, establishment of child welfare and maternity centres,
control of cattle pounds, propagation of family planning and promotion of agricultural activities. The
development activities include the construction of roads, public buildings, wells, tanks and schools.
They also promote small cottage industries and take care of minor irrigation works. Many government
schemes like the Integrated Rural Development Programme (IRDP) and Integrated Child
Development Scheme (ICDS) are monitored by members of the panchayat.
The main income of the Panchayats is from tax levied on property, profession, animals,
vehicles, cess on land revenue and rentals.
The resources are further increased by the grants received through the Zilla Panchayat. It is also
considered compulsory for Panchayat offices to put up boards outside their offices, listing the break
up of funds received, and utilisation of the financial aid received.
This exercise was taken up to ensure that people at the grassroot level should have the ‘right to
information’ – opening all functioning to the public eye. People had the right to scrutinise allocation
of money. And ask reasons for decisions that were taken for the welfare and development activities of
the village.
Nyaya Panchayats have been constituted in some states. They possess the authority to hear
some petty, civil and criminal cases. They can impose fines but cannot award a sentence. These
village courts have often been successful in bringing about an agreement amongst contending
parties. They have been particularly effective in punishing men who harass women for dowry and
perpetrate violence against them.
Panchayati Raj in Tribal Areas

Many tribal areas have had a rich tradition of grassroot democratic functioning. We give an
illustrative example from Meghalaya. All the three major ethnic tribal groups, namely, the Khasis,
Jaintias and the Garos have their own traditional political institutions that have existed for hundreds of
years. These political institutions were fairly well-developed and functioned at various tiers, such as
the village level, clan level and state level. For instance, in the traditional political system of the
Khasis each clan had its own council known as the ‘Durbar Kur’ which was presided over by the clan
headman. Though there is a long tradition of grassroot political institutions in Meghalaya, a large
chunk of tribal areas lie outside the provisions of the 73rd Amendment. This may be because the
concerned policy makers did not wish to interfere with the traditional tribal institutions.
However, as sociologist Tiplut Nongbri remarks that tribal institutions in themselves need
not necessarily be democratic in its structure and functioning. Commenting on the Bhuria Committee
Report that went into this issue Nongbri remarks that while the Committee’s concern for the
traditional tribal institutions is appreciable, it fails to take stock of the complexity of the situation. For
notwithstanding the strong egalitarian ethos that characterised tribal societies the element of
stratification is not altogether absent.
Tribal political institutions are not only marked by open intolerance to women but the
process of social change has also introduced sharp distortions in the system, making it difficult to
identify which is traditional and which is not.
Co-Operative Society
 A co-operative society is an autonomous association of persons united voluntarily to meet
their common economic, social and cultural needs and aspirations through a jointly-owned and
democratically-controlled enterprise.

 A co-operative society is another means for forming a legal entity to conduct business besides
forming a company. It pools together human resources in the spirit of self and mutual help
with the object of providing services and support to members. 

 The Co-operative Principles under which a co-operative society operates and carries out
its business are :-

1. Voluntary and open membership.
2. Democratic control, one member one vote.
3. Autonomy and independence.
4. Promoting economic activities.
5. Promoting education and information technology.

6. Co-operation among co-operatives.
7. Concern for the social and ecological environment.
How is a co-operative society regulated ?

 The operation of co-operative societies is subject to control so as to prevent fraud and to
ensure that every member enjoys equal rights and benefits (equity and equality) in respect of
the business of the society. There are restrictions on profit disposal and rules to sustain
corporate governance.

 When a co-operative society is dissolved, the remaining surpluses shall be disposed by
the Registrar at his discretion for any co-operative purpose.

 The Co-operative Societies Ordinance, Cap 33 enshrines the Co-operative Principles and the
Director of Agriculture, Fisheries and Conservation is appointed as the Registrar to register
and regulate co-operative societies.

 Other than a registered co-operative society, or unless approved by the Chief Executive, no one
shall trade or carry on business under any name or title of which the word 'co-operative' is part.
How to form a co-operative society?

 To set up a preparatory committee, preferably with 5 members, to pool human and
other resources together.

 To convene meetings to discuss the organizational structure of the proposed co-operative
society (e.g. name, object, common bond of its members, share and business scope). 

 To draft co-operative by-laws by referring to the model by-laws obtainable from the Registrar
and find suitable premises for the society.

 To recruit members (at least 10 persons, each over 18 in age). 
Right from the Registration of a Cooperative Society till the cancellation of its registration, the
Registrar acts as friend, philosopher and guide to the cooperatives and ensures that Cooperative
Societies function in accordance with the Cooperative Act.
The main functions of the Registrar are as under:

1. Registration of Cooperative Societies;
2. Registration of amendments in the Bye-laws of Cooperative Societies;
3. Amalgamation, Division and re-organization of Cooperative Societies;
4. Ensure timely Election of the Managing Committee in Cooperative Societies;
5. Conduct elections of Managing Committee in primary cooperative banks and

federal cooperative societies;
6. Ensure proper investment of funds by Cooperative Societies as per Act and Rules;

7. Conduct audit, order inspection, enquiry and also fixing surcharge on negligent functionaries
of cooperative societies;
8. Settle disputes of Cooperative Societies through the process of arbitration.

9. Function as an appellate Court;
10. Enforcement/execution of Orders, Awards and Decrees of various Courts;
11. Order winding up and cancellation of registration of defunct/non-functional societies.
12. Operating Cooperative Education Fund for training, education, propaganda and publicity
programme for the development of Cooperative Movement in the NCT of Delhi.
13. To frame/amend Delhi Cooperative Societies Rules, 1973 from time to time.
14. Issue Instructions/directives for the promotion of business of different type of Cooperatives;
15. To approve proposals for enrolment, resignation and cessation of membership in

Housing Cooperative; and
16. To frame, execute and monitor various beneficiary schemes approved by the Central
/State Govts, including financial assistance to various sectors of Cooperatives.
The powers and functions of a General Body of a Cooperative Society in brief are:-
 To approve the programme of the activations of the society prepared by the

Managing Committee for the en-suing year.

 To conduct election if any, of the members of the committee other than nominated members. 

 To approve the Audit Report and the Annual Report.

 To decide the manner of disposal of the net profit. 

 To deliberate and approve the Annual Budget.

 To decide about the expulsion of members if found indulged in anti-society activities as per
provision of byelaws. 

 To write off bad debts subject to approval of the Registrar of Cooperative Societies. 

This ‘Briefing Notes’ have been prepared to serve as an introductory orientation and awareness
raising material targeting members of the Ethiopian Human Rights Commission as well as
sections of the general public. It is intended to introduce the conception and recognition of
human rights education in the international and national human rights systems and the activities
of the Commission in this important area forming part of its core mandate. Alas, it was never
used (the fault being totally and wholly mine). Hopefully, someone could make some use of it.
Human Rights Education under the International Human Rights System
Human rights education has been recognized as an essential component of the international
human rights system. The first such recognition in what has come to be called the modern
international human rights system in the post WWII era is to be found in the Charter of the
United Nations [1945] which called for cooperation "in promoting and encouraging respect for
human rights and fundamental freedoms." This provision of the Charter is widely recognized as
creating state responsibilities for educating and teaching human rights. The Universal
Declaration of Human Rights adopted by the General Assembly in 1948, which proclaimed
human rights as "a common standard of achievement for all peoples and all nations," also
directed states as well as "every individual and every organ of society...."to "strive by teaching
and education to promote respect for these rights and freedoms....". The UDHR further stressed
"strengthening of respect for human rights and fundamental freedoms...." as one of the goals of
education (Article 26, Section 2).
The dual aspects of human rights education were formalized into the international human rights
framework through the provisions of the international covenants developed by the U.N. and
coming into effect in 1976 to formalize the basis in international law of the rights declared in
1948. The Covenant on Economic, Social and Cultural Rights placed the educational objective
of strengthening respect for human rights in a cluster of related learning objectives. For
example, Article 13 of the Covenant says that "education shall be directed to the "full
development of the human personality" and to the person's own "sense of dignity...."(Section
1). The Covenant also says the State Parties:
further agree that education shall enable all persons to participate effectively in a free society,
promote understanding, tolerance and friendship among all nations and all racial, ethnic or
religious groups, and further the activities of the United Nations for the maintenance of peace."
(Article 13, Section 1)
These positive formulations of the objectives of education are complemented by the negative
proscriptions of the Civil and Political Rights Covenant through recognition of "the right to
hold opinions without interference," [Article 19, Section 1] and the right to freedom of
expression (Article 19, Section 2).
The recognition of human rights education in the International Bill of Rights is reiterated in
other international and regional human rights instruments to the extent that the right to
education and the right of the people to know their rights are implanted in international
standards around the world. Examples of such treaties include the Convention on the Rights of
the Child (1989), as well as the American (1948), European (1953), and African
(1986) regional agreements on human rights standards and institutions. In recognition of and
encouragement of these constructive developments, the UN General Assembly (Resolution
49/184) announced 1995-2005 as the "United Nations Decade of Human Rights Education."
The most explicit directive on human rights education is in The African Charter on Human and
Peoples' Rights. It presents not only the most straightforward statement in international norm-
making regarding governmental responsibility for education, but as well, a significant and
unique call for effective human rights education. That is, the Banjul Charter says that signatory
African states:
shall have the duty to promote and ensure through teaching, education and publication, the
respect for the rights and freedoms contained in the present Charter and to see to it that these
freedoms and rights as well as corresponding obligations and duties are understood. (Article
25)
Human Rights Education under the National Human Rights System
Ethiopia is a signatory to the UDHR and has ratified the two international human rights
covenants as well as the African Charter on Human and Peoples’ Rights. Moreover, the
Constitution of the Federal Democratic Republic of Ethiopia has given a special status to these
international and regional instruments as part of the law of the land as well as standards of
interpretation for its human rights provisions. As such the right to education and the right of the
people to know their rights are incorporated into the constitutional and legal system in Ethiopia.
Moreover, such recognition has found more specific expression in the text of the National
Education Policy (1994) which states that one of the general objectives of education and
training is to: “Bring up citizens who respect human rights, stand for the well-being of people,
as well as for equality, justice and peace, endowed with democratic culture and discipline”
[Section 2.1.3]. The policy document also identifies the following relevant specific objectives
[Section 2.2]:
 To satisfy the country's need for skilled manpower by providing training in various skills
and at different levels
 To provide education that promotes democratic culture, tolerance and peaceful resolutions
of differences and that raises the sense of discharging societal responsibi1ity.
 To provide education that can produce citizens who stand for democratic unity, liberty,
equality, dignity and justice, and who are endowed with moral values.
Having established the link between human rights and education, the National Education Policy
(1994) identifies “Change of curriculum and preparation of education materials accordingly”
and “Focus on teacher training and overall professional development of teachers and other
personnel” as priority areas in realizing these and other objectives.
Within the framework of the 1994 Education and Training Policy the Government of Ethiopia
has developed a twenty-year education sector indicative plan to improve educational quality,
relevance, efficiency, equity and expand access to education with special emphasis on primary
education in rural and underserved areas, as well as the promotion of education for girls as a
first step to achieve universal primary education by 2015. Since then, the plan has been
translated into three successive a series of national ESDPs starting with the first five year
Education Sector Development Program (ESDP-I) launched in 1997. Currently, the ESDP III,
which spans five years (2005/06 to 2009/10), is under implementation. Moreover, a Higher
Education Proclamation has been issued and a five-year gender strategic plan has been
prepared to implement the Education and Training Policy.
In addition to recognizing the critical importance of human rights education, the ESDP III
underlines the link between democratization and development in the Ethiopian context. At the
outset, the vision of the education sector is stated in terms of “the creation of trained and
skilled human power at all levels who will be driving forces in the promotion of democracy and
development in the country”. Moreover, one aspect of the mission of the education sector is to:
“Ensure that educational establishments are production centers for all-rounded, competent,
disciplined and educated human power at all levels through the inclusion of civic and ethical
education with trained, competent and committed teachers.” This aspect of the programme, i.e.
Civic and Ethical Education, is expressly stated in the following terms:
The education system has a societal responsibility to produce good and responsible citizens,
who understand, respect and defend the constitution, democratic values and human rights;
develop attitudes for research and work and solve problems; develop a sense of citizenship to
participate in and contribute to the development of the community and the country. (Section
2.9.1)
Brief Overview of Human Rights Education Activities of the Ethiopian Human Rights
Commission
In relation to the implementation of the framework, one among the overall strategies identified
by the Education and Training Policy is to “Create a mechanism by which teachers,
professionals from major organizations of development, and beneficiaries participate in the
preparation implementation and evaluation of the curriculum” [Section 3.1.2]. For the purpose
of human rights education on such organization is the Ethiopian Human Rights Commission
established under proclamation no. 210/2000 to work towards increasing the human rights
awareness of the public, protecting human rights and taking appropriate measures when
violations occur. In execution of its mandate to “ensure that human rights provisions of the
Constitution are respected” and “educate the public on human rights”, the Commission has
identified the review and development of human rights education curriculum as one of the
program areas in its five-year strategic plan issued in April 2006.
Accordingly, the Commission has completed a study on incorporation of human rights
education in primary education curriculum and submitted the report to the Ministry of
Education. As a follow up on these activities, the Commission has commissioned a review of
the human rights and civic education curriculum at the tertiary and teachers’ training college
level institutions in Ethiopia. This study aimed at evaluating the extent to which human rights
have been integrated in the curricula, delivery and assessment processes within the targeted
institutions and come up with vital comments and recommendations for the improvement of
human rights education curriculum in tertiary/university level education in Ethiopia.
Accordingly, the study report has been discussed in a stakeholders’ consultation workshop and
relevant feedback is being incorporated. A similar study targeting secondary education
institutions is also anticipated within the current year.
Another area of human rights education in which the Ethiopian Human Rights Commission is
actively involved is organizing human rights awareness raising, sensitization and capacity
building sessions for selected actors and stakeholders. To date, these activities of the
Commission have benefited a number of targets including: federal and regional legislators;
federal, regional and local policy decision-makers; members of the press; judicial and law
enforcement officials; and, leaders of women’s and youth structures.
The Commission has also conducted a series of public awareness and sensitization activities
using print, broadcast and electronic media as well as the distribution of IEC materials. Notable
among these are question & answer competitions and the various educational dramas sponsored
and disseminated by the Commission through the national broadcast media. Moreover, the
EHRC has developed a series of spots and messages that are still being transmitted through the
national television service in a number of local languages.
Module 5
UNIT IX
PROFESSIONAL ETHICS
What is Ethics?
The word ethics has been derived from the Greek word 4ethos' which means custom or habit.
In this sense, Ethics means the study of customs and habits of man. However as a subject of study,
Ethics means the study of what is right and good in human conduct. Ir is the normative science of
conduct of human beings living in society.
Ethics is a normative science as it is concerned with what should be or what ought to be It

studies and defines moral values of human conduct in society. Ethics is popularly defined as the
science of the moral evaluation of the voluntary actions of human beings. It prescribes ideal values
which should characterize human conduct in society. Its nature is different from natural sciences which
involve the study of what is and not what should be.
In other words, Ethics is normative study of what is right and good in human conduct. It is a morality
based evaluative science which deals with goodness of voluntary actions in human conduct and the
supreme good of life.
Ethics defines good and bad of human life. It is a normative and theoretical science of good and
right in human conduct.
What is Applied Ethics?
The need for bringing in Ethics to the realm of actual behavior of human beings in society, has
led to the emergence of Applied Ethics. The need to control and eliminate immorality in contemporary
human conduct in the society has provided the basis for the birth of Applied Ethics i.e. study and use
of values in actual human conduct in society. It serves the objective of relating moral values (good) to
the facts and realities of human conduct in all spheres of activities and social relations.
Applied ethics can be defined as a practical form of ethics. It applies morality to real life and draws attention to the ethical needs of
contemporary times. In the words of Brand Almond. "Applied ethics is a moralistic and humanistic approach to philosophy‖.
The following can be described as the key features of Applied Ethics :
1. Applied Ethics places emphasis upon morality based behavior in society.

2. It seeks to end the process of degradation of the values in human behavior
in society.
3. It seeks to arrest the present trend in favor of wholesale materialism.
4. It seeks to prepare human beings to fight the evils of corruption, dishonesty,
unfaithfulness, poverty, greed, illiteracy, ignorance, crime, violence and lack of
healthy work-culture by encouraging the people to follow the values and rules
of morality in daily life, particularly in the professional life.
5. Applied Ethics has emerged as an important area of study and action.
Applied Ethics relates to all aspects of human life. Its scope covers several areas, particularly
environmental ethics, medical ethics, educational ethics, engineering ethics, business ethics and
some others. All these stand included in the broad concept of Professional Ethics.
ENGINEERING ETHICS
Engineering is a profession like the medical profession, teaching profession, legal profession
and others. While professional ethics relates to all professions. Engineering Ethics relates specially to
engineering profession, Before studying Engineering Ethics, let us define Professional ethics in a
broad way.
What is Professional Ethics?
Professional Ethics is concerned with ones conduct or behavior in the process of carrying out
the professional work. Each profession has its own ethics i.e. its code of conduct which can enable it to

serve the society in a productive and important manner for enriching the profession as a socially useful
profession.
In each profession, professionals taking part must be persons with commitment to
professional ethics. It should involve commitment to enrich their profession technically, economically
and socially. It has been precisely for this reason that the modern curricula of professional institutions
include the subject of Professional Ethics. It is in line with this thinking that Engineering Ethics is
now deemed to be an important subject of study for engineers.
ENGINEERING ETHICS: MEANING AND SCOPE
Technology allows us to introduce innovations but we often do not take into consideration
social, medical, economic, and environmental impacts that these may have on our lives. As a response
to this, a new subject i.e. engineering ethics has been emerging. The engineers are to use their
knowledge training, abilities and expertise for the benefit of society. The society expects that engineers
should oversee and regulate the performance of their own selves and their fellow engineers.
Educational and professional practice must coincide with the ethical dimension of engineering.
Engineering Ethics is a field of applied ethics which describes and settles standards for every
engineer's obligations towards the public, clients, employers and the profession. It focuses attention
upon certain values which each engineer is to follow in his professional
AIMS AND OBJECTIVES OF THE STUDY OF ENGNEERING ETHICS FOR

ENGINEERING STUDENTS
We can identify the following aims and objectives of Engineering Ethics which must be
understood and embodied by engineering students
1. To understand the meaning of Engineering ethics and three types of enquiries:
normative, conceptual and descriptive.
2. To develop basic knowledge of the history of engineering particularly as it relates
to the development of professional societies. i
3. To understand the nature of moral problems and issues in engineering so that he or she
may be able to develop reasoned responses towards these problems
4. To foster a sense of moral autonomy.
5. To inculcate the basic understanding of utility theories, duty theories, right theories
and virtue theories.
6. To inculcate the concept of engineers acting as responsible agents: with a conscientious
commitment to live by moral values.
7 . To develop a balanced outlook towards the law especially as it relates to
engineering profession.
8. To inculcate the concept of safety, risk, benefit and cost as these relate to technology.
9. To develop the ability to differentiate between institutional quality and expert authority.
1 0 . To understand the relationship between conflicts of interests, unionism and white collar
crimes regarding professional conduct.
11. To understand the human rights, professional rights and employee rights as elements of
moral rights.
12. To understand the concept of responsibility and possible consequences of whistle blowing as
well as what is moral permission for the act.
1 3 . To understand ethical conventionalism, descriptive relativism and moral relationship.
14. To be aware of global issues in technology which have strong ethical concerns and
consequences. 1 5 . To understand the conflict between the existential pleasures offered by
engineering and the
responsibilities of engineer's individual conscience. 1 6 . To recognize an engineer's
responsibility towards his/her peers, the community and the
professional society.
AIMS AND OBJECTIVES OF ENGINEERING ETHICS FOR ENGINEERS
All the persons who hold an engineering degree and are engaged in the engineering profession
have to follow their work by keeping in view the following aims and objectives of engineering ethics.
1. To strive for professional excellence while acting as a professional expert in one's field.
2. To disseminate quality technical education and training to the budding technocrats.

3. To pass on the benefits of knowledge, skill and expertise to the society, particularly to
the class of engineers.
4. To balance the needs of the profession and the demands of the society as well as the
world of industry and technology.
5. To follow moral values and conduct in relations with fellow professionals, other
technocrats and the society at large.
6. To remain self-motivated as well as to motivate others.
7. To take pride in one's profession and accept fully the ethical code of conduct relating to
one's profession.
8. To develop the profession in such a way as can enable engineers to contribute their best to
the society as well as to be capable of leading a happy, prosperous an( contented life.
9. To work for securing total quality management, total resource management, ant total
time management with a view to produce the best outputs for the benefit of the society
and the profession at large.
10. To work for helping the society to achieve sustainable development to fight environmental
pollution, to develop eco-friendly technologies and to respect the human rights of all.
11.To sum up, it can be said that Engineers have to be sincere, dedicated and disciplined
wards the needs of the profession, as well as to the demands and needs of the society
without unduly compromising with the quality of their professional life.
SCOPE OF ENGINEERING ETHICS
The subject of Engineering Ethics covers all the aspects of professional, social, political,
moral and economic life of the engineers. It covers the following:
1. Professional life of an engineer as a technocrat.
2. Career life of an engineer in his profession.
3. Office/ factory/work environment in which the engineer works.
4. Industrial and technology advancement needs of society.
5. The social status of engineering profession.
6. The economic security of an engineer during his service tenure as well as in the old age.
7. Work-culture of the concern in which he is working as well as the work-culture
fellow employees and clients.
Engineering has several branches and specializations; there cannot be a single uniform system
or standard of ethical conduct across the entire profession. Ethical approaches according to the areas of
work and are influenced by whether the engineers are independently providing professional services to
the clients or to the public or employed in government sector or are working for some private
enterprise which makes products for those engineers who work in government sector have to work
strictly according to the conduct and service rules and are also expected to be honest with the rules of
engineering ethics. Engineers working in this area have to follow uniform standards with all their
Jienls, CO officials, subordinates and the support staff. Those who work in industries are also hound by
rules of engineering ethics. They have to work in accordance with the policies and standards of
conduct as laid down by their employers.
RESPONSIBILITY OF ENGINEERS
Responsibility is the social force that binds one to his obligations and courses of action or work. It
demands action on the part of the person who has the responsibility to carry out a work/function. We
always talk of responsibility of the public officials towards the people. Responsibility of teachers for
providing education to children, responsibility of parents to inculcate moral values among their children,
and the like. In the social context, responsibility means working for the betterment of community, in fact
for the humankind as a whole. It calls upon the people to use their talents, skills,
expertise and experience for constructive and beneficial purposes rather than in a negative,
dangerous and destructive manner. Scientists, engineers doctors, technocrats and
professionals have the responsibility to work for promoting the welfare and development of humanity.
They are to perform their work-obligations in a beneficial, productive constructive and responsible way.
Engineers shall not attempt to injure, maliciously or falsely, directly or indirectly, the
professional reputation, prospect, practice or employment of other engineers nor untruthfully criticize
other engineers‘ work. Engineers who believe others are guilty of unethical or illegal practice shall
present such information to the proper authority for action.
Every engineer should follow collegiality which is a kind of connectedness grounded in respect
for professional expertise and in a commitment to the goals and values of the profession, that is
supporting and co-operating with one's colleagues in all ethically correct professional activities.

Engineers should be loyal to the employers, acting to fulfill one's contractual duties to an
employer. They should act as their employer's or client's faithful agents or trustees, while complying
with the commitment to general public.
Salaried engineers also have obligations to respect their employer's legitimate authority.
Engineers must give respect for morally justified authority - without giving chance to insubordination.
Engineers as far as possible should strive for collective bargaining if they work in a union,
where unionism and professionalism are compatible. Professionalism holds that the interest of society
and the client are paramount. Unions are collective bargaining agents that sometimes place the
economic interest of the members ahead of those of the client are paramount.
RESPONSIBILITY: MEANING
The term 'Responsibility' has several meanings which are used depending on the
context, situation and time in which the term is used.
Some of the popular terms which are used to define responsibility are:
(i) Obligation. It means the action one is expected to carry out willingly and selfconsciously without
being demanded. When one shows his responsibility, it really means that he is fulfilling his
obligations. Most obligations are role specific.
(ii) Accountability or Accountable. This term means that one has to explain about his conduct,
functions and results produced. Each engineer doing a work is accountable for the
results/consequences of his work. He can be held accountable and awarded punishment in case of any
failure or irresponsible and harmful conduct in respect of his work.
(iii) Conscientious. It means to work carefully and correctly with awareness of moral values and
standards of goodness. Conscientious people fulfill their obligations carefully and correctly.
(iv) Praise-worthy or Blame-worthy. These words are used for describing the success or failure
involved in the discharge of a responsibility. Successful discharge of one's responsibility becomes
praise-worthy and a failure is held to be blame-worthy failures lead to criticism or even punishment
depending upon the gravity of the failure.
(v) Dereliction. It means a deliberate attempt to avoid or carelessly undertake the assigned work/job.
It can be described as a deliberate failure in performing or discharging a
responsibility.
RESPONSIBILITY: TYPES
Moral and Legal Responsibility
While analyzing responsibility, we can make distinction between moral responsibility and legal
responsibility. The former means responsibility for which a person cannot be indicted and punished for
his irresponsible behavior or failure.
Responsibility means that the person can be awarded punishment for his failure or
irresponsible or dangerous or harmful action. Each engineer must clearly understand and accept, both
his moral and legal responsibility
Responsibility in respect of Dereliction of Duties.
Dereliction means a deliberate willful irresponsible, careless, inefficient and harmful behavior
which causes harm to others. It entails a legal responsibility and is punishable. Responsibility for an
inadvertent lapse or failure It means a non-deliberate or accidental or consequential lapse or harm. The
professional unwittingly causes a loss or harm.
Responsibility for reckless behavior/action.
This is the case when a professional causes harm without really aiming at it. However, at the
same time, he is conscious of the harm that was likely to result. In the case, the person has a definite
moral responsibility and he can also be made legally responsible for his reckless action. In case

engineers make a reckless use of a machine and in the process cause a loss, he can be held legally
responsible.
DEGREES OF RESPONSIBILITY
All the engineers or professionals are responsible for their works/jobs/products both morally as
well as legally. However, while fixing their responsibility in respect of any
specific case, the degree of responsibility as well as the nature of responsibility that is moral or legal or
both moral and legal responsibility, have to be determined. The responsibility is determined on the
basis of the degree and gravity of lapse or failure.
ATTITUDES TOWARDS RESPONSIBILITY
Each engineer has a responsibility in respect of his work However, the engineers are governed
by several different attitudes towards their responsibilities. Performance of their jobs and duties and
responsibilities are governed by their attitudes towards their responsibilities.
1. The Minimalist Attitude towards responsibility:
An engineer with minimalist attitude acts to perform only basic functions and obligations. He
does not accept full responsibility. He gives little consideration to the harm that his behavior or actions
can cause to the people. At times, he tries to justify his minimalist attitude by putting blame on others
or on the system. This indeed a harmful and negative attitude towards responsibility. It is morally
wrong and checks the growth of both the professional and his company or employer.
2. Responsible-care attitude.
Engineers with such an attitude show a higher degree to responsibility than the engineers with
minimalist attitude Such engineers are conscious of the fact as to what harmful effects can be caused
by their actions. They, therefore, try to be reasonable and careful in the performance of their
work/obligations. The try to avoid harming the public. However, their attitude continues to remain
conditioned by the principles of 'Responsible Care, and 'Prevention of Harm.'
3. Good-work Attitude.
This is a positive and healthy attitude towards responsibility. Engineers with this attitude show
the highest degree of responsibility. They act in an honest and sincere manner for discharging their
responsibilities. They maintain the integrity of their assigned duties for serving their organization,
society and humanity. Professional Ethics for engineers is governed by the objective of inculcating
such as attitude among all engineers and professionals.
IMPEDIMENTS TO RESPONSIBILITY:
Along with the above discussed responsibility-specific impediments, the Engineers can also
face some general impediments. These can be explained on follows
1. Self interest:
When the individuals are discharging their duties they should keep their Company-interest above
self-interest. However, at times, they can find it difficult because of an avaricious attitude, professional
jealousy, vengeance against boss, egoism etc. This is hindrance demands self-discipline.
2. Self-deception:
When the people stop listening to their conscience, they, in fact, deceive themselves. They
superficially try to justify all the mistakes and carry on with life as if nothing wrong has happened.
Such self-deception often becomes very big and puts severe limitations on the discharge of
responsibilities. It should be always avoided.
3. Fears, Distrusts and Threats:
Fear always hinders the development of mind. Fear may be of losing job or losing social status
or fear of punishment or fear of failure or all these fears. A state of fear, distrust and threat always
weakens the performance of responsibilities.
4. Ignorance:

Lack of vital and full information is an obvious barrier to responsible action. Ignorance can be due to:
• Lack of receptive attitude.
• Lack of sources of information.
• Lack of perseverance.
• Lack of knowledge of right place to look for information.
• Laziness or postponing attitude.
• Unacceptable Ignorance.
5. Egocentricity and Egoism:
People are held to be egocentric if they possess a parochial outlook. If engineers are unable to
realize the significance of broader perspective in the design of a product or service, their sense of
responsibility gets weakened. Pritchard has no served, "egocentricity is a special form of ignorance."
Egoists opt for a chauvinistic attitude against all arguments. Chauvinists neither accept their defeat nor
praise others for their work. They suffer from a superiority complex.
7. Microscopic vision:
One should not concentrate much on such details as can result in a loss of the larger picture. It is good
to go in for the details but at the same time, engineers need to raise their eyes from their world of scientific and
technical expertise and look around to understand the larger implications of what they are doing.
7. Over-confidence:
Success after success can breed over-confidence and this can lead to inconsistency in
discharging responsibilities. Over-confidence can be due to lack of humility, presence of sub-ordinates
who indulge in flattery and backbiting, lack of competition, or unchecked power and so on. Over-
confidence always affects responsibility in the long run.
8. Group behavior:
Individual behavior is mostly quite different from one's behavior as a member of a group.
Man's behavior as a member of one group is also different from his behavior as a member of another
group. According to Irving James, there are various factors of group behavior which affect the
responsibilities of an individual. These are:
1. Groups work under presumption that these are less affected by failures.
2. Groups believe that bouquets and brickbats are their lot.
3. Groups believe: "either you are with us or you are against us". Non-members of the group are
considered as adversaries or enemies.
4. Groups keep on shifting responsibilities in case of failures.
5. Individual morality is different from group morality.

6. Group demands unanimity, even if members are of dissenting opinions.

UNIT X
HONESTY
Honesty means the quality of being honest i.e. truthful, fair and straight-forward in conduct and
expression. Webster dictionary records: "Honesty is fairness and straight forwardness of conduct and
speech." It involves a behavior characterized by integrity, truthfulness, freedom from deceit, fairness in
dealing with others, and respect for others* work and honesty.
Honesty has two forms: Moral Honesty and Conditioned Honesty:
1. Moral Honesty.
It means honesty involving respect for others and their property. I also means commitment to
truthfulness, fairness and freedom from deceit as a matter of habit and not due to fear of rules and
others.
2. Conditioned Honesty.
It means honesty resulting from recognition of the consequences of being caught while doing a
wrong. Conditioned honesty is practiced in society for the value of security. It constitutes a deliberate
attempt to prevent the people from adopting wrongful conduct.
Naturally, moral honesty is ideal and conditioned honesty is a necessity. In our behaviors, we
must be morally honest and also follow the rules of conditioned honesty. It must also be understood
that Honesty does not simply means staying away from corruption. It means steadfast fidelity to the
values of loyalty towards society, and ones organization/company, self-obedience of rules and
regulations, self-discipline, confidentiality in work, truthful and trustworthiness in conduct and
dedication to ones profession. Honesty is a virtue which has to be cultivated and consistently followed
in all walks of life, particularly in the professional life. Cervantes has rightly observed, "Honesty is the
best policy. If honesty becomes a sine-quo-non for every profession, it can go a long way in serving
and saving the mankind.
HONESTY OF ENGINEERS
Engineers must always act as honest engineers dedicated to their profession, to the rules of
their professional ethics, truthful and trustworthy in conduct, self-disciplined, faithful to their
organization/employers, and committed to remain away from corrupt ion, deceit and other
malpractices. They should always act on the basis of two key aspects of Honesty i.e.. Truthfulness and
Trustworthiness
Honesty: Two Key Dimensions—Truthfulness and Trustworthiness
(A)Truthfulness
It means to follow truth in conduct and speech and have a firm faith in the dictum 'Truth always
wins". Truthful conduct involves sincerity in actions, speech, conduct and all relations. Honesty does
not only mean keeping away from dishonesty. Refraining from dishonesty simply represents the
negative dimension of Honesty. The following constitute the variables of dishonesty.
(i) Lying i.e., to tell lies or give misleading and false information with the intention to deceive others.
(ii) Deception i.e., to deceive others by making others believe that which is not true. The act of
deceiving others by feeding false, wrongful and misleading information is deception.
(iii) Hiding of Information. Hiding of facts and information also falls in the category of deceit and
dishonesty. Here the person deliberately holds on to the facts and information which he is expected to
pass on to others.
(iv) Failure to Seek Truth.
Whenever a person fails to seek truth and makes no attempt to find out the truth about any
information or case, it is an act of dishonesty. Avoiding truth or even dishonesty does not mean
honesty. By avoiding truth, a person becomes party to dishonesty and untruth.
All these variables demote dishonesty. An honest person habitually refrains from dishonesty i.e.
from telling lies, deceiving others, hiding of facts and information, and avoidance of truth.

(B) Trustworthiness
The second major aspect of honesty is trustworthiness. It means the quality of being good,
honest, sincere and enjoying the confidence and trust of others. This quality can be earned through
continuous and self-willed commitment to the values of truth, honesty, faithfulness and sincerely in
conduct, expressions, decisions and actions. An engineer earns the quality of trustworthiness by
consistently following honest and sine ere conduct. Likewise, a company or an organization also wins
trustworthiness by consistently following the values of truth, honesty, sincerity transparency fairness
qualitativeness, consistent respect for rules and regulations of the government and respect for social
norms and needs.
Trustworthiness means the ability to meet the responsibilities of trust at has been reposed in the
engineer. Engineers have to be trustworthy and only then can by hope to get higher, bigger and more
responsible assignments in their organizations
Engineers must accept and follow the value of honesty They must uphold moral honesty and
accept the rules and regulations of conditioned honesty
Honesty in Engineering
1) Engineers must always uphold the values of Engineering Ethics.

2) They must honestly pursue their profession.
3) They should make public statements objectively and in a truthful manner.
4) They must always uphold the standards and demands of public safety, health and welfare.
5) They must prepare reports honestly and base these on all relevant facts. They should not hide any
information which can latter on cause public harm.
6) They must refrain from deception and should not testify wrongful facts and information.
7) They must never falsify their qualifications and areas of competence.
8) They should not accept or offer any award or contract by scatological or underhand means.
9) Whenever an engineer feels that the project being handled by him is not going to be successful, he
must intimate about it to his clients/employers.
10) During the course of their service with an organization, engineers should not accept any other
employment or consultancy without the knowledge and permission of their employers. They should
never accept any outside assignment or employment as can be detrimental to their regular
work/employment.
11) Engineers should refrain from attracting engineers from other organizations by false or misleading
pretences.
12) Engineers should never by to promote their personal interests at the expense of the interests of
their organization.
13) Engineer should never compromise with the dignity and integrity of their profession.
14) Engineers should come forward to report any unethical means being used by fellow workers or
engineers.
15) Honesty demands that engineers should respect the propriety interests of others.
16) Engineers should not duplicate or steal designs of other engineers without due permissions and
without in any way violating patents, intellectual property rights and code of professional ethics.
Plagiarism has to be kept aside from ones conduct.
17) Engineers should not have any relation with any organization/corporation or partnership engaged
in unethical practices. They should not shield an act being used as a cloak for unethical acts.
18) Engineers should not try to mar the prospects of promotion of other engineers by adopting false
and unethical means.
They must honestly and objectively analyze and evaluate the work of other engineers and workers.
19) Engineers must accept and follow the principles of truthfulness and trustworthiness. They must
consistently follow honesty, sincerity and integrity in their conduct and wore which can earn them
trust and confidence of others.
20) Engineers must not accept gifts and favors from persons who can later on try to misuse their
contacts or relations with them.
21) It must be recognized that honesty does not simply means remaining away from dishonesty. It
means positive actions and decisions based on truth, fairness sincerity and faithfulness.
22) Engineers should try to adopt these guidelines as a self-imposed code of conduct. They must also
consistently work with full respect to all rules and regulations. They should never hesitate to bring to
light loopholes, needs for reforms and suitable remedies.
INTEGRITY
The word Integrity has been derived from the Latin word 'integrates' which means whole or

intact. In this way Integrity can be defined as faithful and honest wholesome conduct and dealings.
Oxford Learners Dictionary records: "Integrity means, the quality of being honest and having strong
moral principles. Professional Integrity means to behave with integrity as a whole and not divided."
The terms which are used to describe 'integrity is truthfulness, honesty, soundness, wholesomeness,
probity, unadulterated and undivided slate. A person with integrity is responsible and truthful in
behavior and is regarded as a trustworthy person. Such a person habitually acts with honesty,
truthfulness, faithfulness, soundness, fairness even when he is not watched by others.
INTEGRITY IN ENGINEERING
Engineers with professional integrity act with honesty, sincerely, faithfulness, fairness,
Integrity of Engineers involved in Research and Design Work
While engaged in R & D work, Engineers must remain honest and faithful. They must conduct
their
research sincerely and put in lord and sincere efforts for producing valid results
through experimentation.
They are not to get involved in the following unethical and illegal acts.
(i)Trimming.
Trimming means modifying, tailoring and playing with facts to uphold desired results and not
the objective and true results. Trimming involves dishonesty in presenting the results of
experimentation.
(ii) Cooking.
Cooking means being selective in retaining and discarding data as per ones requirement for
supporting a particular theory or hypothesis. Engineers with integrity do not cook facts/data.
(iii) Plagiarism. It means stealing of ideas or reports of others and presenting these as one's own.
Plagiarism is morally and legally wrong. Integrity stands for absence of plagiarism of every kind.
(iv) Unreal Authorship.
Some times reports and findings of research and experimentations are presented as the work of
several researchers/authors. In reality, it is a work of one or two persons and others are unreal authors.
Engineers with integrity do not get involved in such an unethical exercise. Engineers with integrity
always remain away from all these malpractices.
Integrity of Engineers in the Use of Intellectual Property
Properties and credits which are the products of mental labor come under the heading
intellectual property. This stand documented and protected in several ways with the help of patents,
copyrights, trademarks, trade secrets and some others.
Protection of ideas is known as patent and protection of expression of ideas is known as copyright.
Trade-mark is used as a protection where a product or a word or symbol or device is used in trade.
RELIABILITY
Reliability is a quality of being dependable, trustworthy and authentic. When an engineer earns
recognition as a dependable and reliable professional he comes to have the quality of reliability.
Reliability is neither a tangible thing nor a gift that can be passed on by any person to another.
Each engineer has to earn it by earning a clean track record of consistent hard work, knowledge,
expertise, competence, sincerity, ability to handle challenging tasks and responsibilities, and ability to
deliver good results. To get recognition as a reliable engineer/person takes months of consistent hard
work and efficient performance.
The ability of the engineers to earn reliability depends on several factors.
1. Knowledge of the area of work/expertise.

2. Application-oriented knowledge cum ability and willingness to apply knowledge and skills.
3. Consistent and disciplined hard work.
4. Consistently maintained good track records.

5. Respect for engineering ethics.
6. Willingness to accept and handle challenges and challenging situations.
7. A knack for innovation and enterprise.
8. Commitment to the values of honesty, integrity, sincerity and hard work.
9. Willingness and ability to handle conflict of interests.
10. Ability to keep aside professional jealousies and rivalries.
11. Competitiveness based on the principles of equality, fairness and healthy competition.
12. Willingness and ability to learn more and more, and to remain aware of all new developments
in the area of competence.
All these factors or commitments can help an engineer to earn the quality of being reliable.
Like respect, reliability can be commanded and not demanded. It can be earned gradually by
consistently producing a good performance record over a period of time. Each engineer gains some
reliability by joining an organization enjoying reliability in the market. However, he has to work for
his organization and along with it to work for strengthened the reliability of his organization.
RISK
Almost everything involves some risk. In contemporary times, new technologies, new gadgets,
chemicals, processes and products have been virtually flooding the markets and the homes of the
people. These are also accompanied by several possible risks, side effects and after effects. The
development of science and technology has been also bringing to light the hazards of some of the old
products, processes, chemicals and services which were initially considered to be safe and risk free.
Risk Management has come to be a major responsibility of the scientists, engineers and technocrats.
Engineers are responsible for ensuring the safety of the products being designed, manufactured and
marketed. They have to provide full information about the possible risks that can result from the use of
various products m well as the nature and number of precautions that should be taken for avoiding or
minimizing the scope of risks.
Risk can be defined as a possibility that something had, harmful and dangerous (deleterious)
might happen. It involves a possibility of suffering harm or loss in the processes of using or
undertaking a project/product/process or service.
RISK CALCULATION
Factors determining the Nature and Gravity of Risk.
While calculating risk or risks involved in the use of any product or process or service, several
major factors have to be taken into consideration. In respect of the following factors the probability
and magnitude of risk have to be taken into account.
1. Human Health loss or Health Hazards.

2. Dangers to public safety and welfare.
3. Financial loss
4. Environmental Pollution
5. Time Loss
6. Efforts and Efficiency loss

7. Loss of Reputation and Credibility.
8. Loss of Public Confidence.
9. Impact on social, economic, cultural life, and the psychology of users.
10. Moral Considerations
All these variables have to be taken into account while assessing the probability,
nature and magnitude of risk.
Factors which can increase the Chances of Risk
Several factors can increase the chances and levels of risks. These are:
(i) Faulty Design and Process

(ii) Faulty Products
(iii) Hasty production and mass production

(iv) Carelessness towards Quality Control

(v) Faulty Operating Procedures,
(vi) Lack of clear instructions for the users
(vii) Lack of Expertise on the part of the producer of goods
(viii) Inadequately trained manpower
(ix) Tardy user trials.
(x) Inability to handle technical problems
All these factors play a role in determining the chances and levels of risk. Most of these factors
can be taken care of by developing and using new and useful technologies. The guiding principle has
to be; Technology can be developed and used for solving technological problems and reducing the
chances of lapses and errors in manufacturing of products and creation of processes and systems. Use
of CNC machines and systems as well as development of suitable computer software/IT solutions can
enable the engineers to reduce the chances of risk by making their designs/machines and production
more and more efficient, useful and risk free.
TYPES OF RISKS
While analyzing possible risks, engineers should also keep in mind the types of risks. Study
of types of risks can enable them to define better the nature and gravity of risks involved in the use of
a design, product or process.
1. Voluntary and Non-voluntary or Involuntary Risks.
Some of the risks are voluntary as the people are willing to take knowingly that these can use
some problems. However, they prefer to give weightage to the benefits in comparison with risks.
Nonvoluntary or Involuntary risks are taken by the people unknowingly. People always react against
involuntary risks which become known to them after the use of the product/process. This makes it
necessary for the engineers to tell to the public in advance, the possible risks as well as the precautions
against such risks.
2. Short-term Risks and Long Term Risks.
When the adverse or negative consequences of any risk are for a short term, the people tend to
tolerate it. They, however, do not easily reconcile with risks which last for longer durations. It this
category, we can also include delayed risks and immediate risks.
3. Risks with Low Probability and Risks with High Probability.
When risks have a lower probability the people accept these. They always try to avoid products
with high risk probability.
4. Risk with reversible effects and Risks with irreversible effects.
The risks, whose effects can get reversed after some time, preferably after a short duration, are
reversible risks. Irreversible risks are those which last for a longer duration and are irreversible. People
always dislike and prefer to avoid irreversible risks. However, they even accept such risks when these
arc mild or their gravity is low.
6. Threshold Risks.
There are some risks which emerge only after crossing of the threshold limit Such risks emerge
when the user recklessly over uses the product A car or a motor bike becomes a risk when it is driven
recklessly or speed limits are crossed.
7. Job-related Risks.
Certain jobs/works always involve some risks. The engineers must have knowledge of risks
involved in their work, particularly when they are involved in the use of heavy machinery, electrical
appliances, nuclear reactors, high attitude constructions and the like. Engineers must take all safety
precautions against all possible job-related risks. They should also have knowledge and training in
meeting emergencies, industrial accidents breakdowns and some others.
While describing the possible risks involved in the use of and product or process, the Engineers
must specify the type of risk involved and possible precautions against these.

By providing information about all possible risks, their nature, gravity and the essential precautions for
eliminating or reducing the chances of risks or damage control, the engineers Ion increase the
acceptability of the products. Engineers must define the probability rate, possible adverse
consequences, gravity of consequences and possible remedies/precautions
SAFETY
The concept of safety does not admit a standard definition and explanation because different
people have different views on safety. It is indeed a subjective concept. It is dependent upon the sense
of safety and security of each person, the situation in which safety is demanded or defined, and the
perceptions of the people regarding the nature of safety they want. Something can be safe for some
persons while others can hold it to be unsafe or less safe. Safety in peace time is different forms safety
in an emergency or war. In times of economic recession, the people give top importance to job safety.
However, despite the difficulties involved in the process of defining safety, we can safely say
that safety means absence of risks or presence of lesser or minimum risks. Further, even when some
acceptable risks are there, people consider the product/process or situation safe.
Theoretical we can say that safety stands for absence of risks. Since all risks cannot be totally
eliminated, we can pragmatically say that safety means the presence of less risks or the presence of
acceptable risks along with several benefits. William Lawrence has rightly observed, "a thing is safe if
its risks are judged to be acceptable."
Further, in view of the government, safety means public safety which holds that a thing is safe
if its risks are fully known and which are accepted by all reasonable persons as reasonable and
acceptable risks when judged upon standards of settled value principles.
Safety can also be conceptualized as freedom from pollution, unacceptable risks, harmful and
unsafe products and processes, and absence of unacceptable risks. It must also be stated that safety
stands for freedom from unsafe levels of risks. In our daily routine, we always think of safety in terms
of degrees as things are held to be highly safe others less safe or least safe.
Responsibility of Engineers for Safety of Design, Products, Public, Workers

and Industry
1. While designing a product, the engineers must comply with all public laws and policies.
2. They must follow all legal standards in respect of the designs being developed.
3. They should be technically sound and have full knowledge of engineering standards.
4. Engineers must try to create more and more safe designs and products.
5. Since safety means safety with some acceptable risks, engineers must ensure that risks should
be kept minimum and acceptable to the public.
6. In order to make their design/product safe, they must foresee the potent ml m possible misuse
of their design/product and try to eliminate, at least minimise the chances of misuse.
7. They must make public all possible risks involved in their designs.
8. They must make their design and products eco-friendly.
9. They must always be ready for accepting improvements in their designs. In fact they should
continuously try to improve their designs with a view to make theaf more and more safe for the
public and all users.
LIABILITY
Liability means the state of being legally responsible for any damage or harm or suffering
caused by any wrongful action on the part of a company or a person. It also means the state of being
bound by law and equity. A person or a company becomes liable for action under law in case its
product or service causes any direct or even indirect or incidental harm to any person or persons. It
such a case the personnel or company which is held responsible for the damage or harm becomes liable
to pay damages or compensation to the aggrieved person or persons. Failure to do this can even lead to
the imprisonment of concerned persons or the owners of the company. The case of Uphar Cinema fire
is an example. The Union Carbide company was held responsible for causing loss of life and sufferings
to the victims of Bhopal Gas tragedy.
Professionals are also bound by law. They are liable for any damage or suffering caused by
their designs/products/processes. In case they expose other persons to unacceptable risks and harms,
they are responsible under law and are liable for legal action against their company and also ultimately
against them. While designing or manufacturing their products, engineers must not compromise with
safety standards. They should not do not anything that can cause big and unacceptable risk to public

safety, health and welfare. They can face legal action for ignoring safety of the public.
In contemporary times, consumer protection movement has been becoming more and stronger.
The consumers can sue the companies for hiding some facts or costs or risks or weaknesses of their
products. Consumer courts have been established in all cities of India. This has increased the scope of
liability of any company for paying damages to the aggrieved customers/consumers. In such cases, the
companies can internally hold their engineers responsible for the losses suffered.
Likewise, the companies and the professional have the responsibility to follow all laws made
for the protection of environment. They have to adhere to laws against child labor, the laws for
protecting the safety as well as for keeping the work-conditions healthy. The companies are liable for
legal action on account of any violation of these laws.
Professionals/engineers engaged in private business or practice are directly responsible for any
damage to public safety, public health and public welfare.
At times, for reducing costs, a company can ask its engineers and other professionals to lower
the quality of the product or to lessen the safety devices and features. Before accepting the decisions
and wishes of the company, the engineers must weigh the consequences of increased risk. They should
not unduly compromise with the demands of their profession and try to secure a balance beholden the
view/decision of the company and the norms of their professional ethics.
In order to meet any unforeseen consequence in the form of any damage or loss to the public or
consumers, the companies should try to secure an insurance cover. However, while providing an
insurance cover, the insurance company must ensure the quality of the products being insured, the
track record of the company and the measures taken by the company in the interest of providing safety
and reducing of the risks.
All the companies and their owners or directors are liable for legal action for all frauds,
industrial accidents, exposing the clients to unacceptable and hidden risks, criminal activities and
violations of environmental laws and safety standards.
The norms of Engineering Ethics calls upon all engineers to continuously keep in view their and their
company's liability under the laws of the state. All professionals are bound by law and are liable for
legal, action for causing any damage or loss to public safety, health and welfare.

Model Question and Answer
1. Indian Republic is not the product of—
(A) Political Revolution (B) Discussion
(C) Made by a body of eminent representatives of the people (D) All the above
2. For the first time, British Parliament enacted which laws for the British Government to govern in India—
(A) Govt. of India Act 1857 (B) Govt. of India Act 1858
(C) Govt. of India Act 1891 (D) Govt. of India Act 1888
3. The British Secretary of the State governed India through which Institution—
(A) Executive Council (B) Parliament
(C) Governor assisted by an Executive Council (D) Governor General appointed by an Executive
Council
4. Under the British Rule in India, Governor General was responsible to—
(A) Secretary of India (B) Secretary of Britain (C) Secretary of State (D) None of the above
5. Morely-Minto reform is associated with which Act—

(A) Indian Council Act 1856 (B) Indian Council Act 1909
(C) Indian Council Act 1908 (D) Indian Council Act 1912
6. During the British rule, which community got separate representation from which Act—
(A) Christian Community & Indian Council Act 1909 (B) Buddhist Community & Indian Council Act 1907
(C) Muslim Community & Indian Council Act 1909 (D) All the above
7. During the British period, under which Act election was introduced in India—
(A) Indian Council Act 1913 (B) Indian Council Act 1909
(C) Indian Council Act 1906 (D) Indian Council Act 1907
8. Montagu-Chelmsford report is associated with which Govt of India Act—

9. When was the Indian National Congress established—

(A) 1888 (B) 1885 (C) 1889 (D) 1890
10. Under the British Rule when ‘Dyarchy Governing System’ was introduced for the first time—
11. Under the Govt. of India Act 1935, which communities were provided separate representation in the
Electorate system—
(A) Sikh, Europeans (B) Indian Christians (C) Anglo-Indians (D) All the above
12. Under which Government of India Act, Federation and Provincial Autonomy were introduced in India—
13. Under the British rule, how many acts came into operation—
(A) Govt. of India Act 1858, Indian Council Act 1861
(B) Indian Council Act 1892, Indian Council Act 1809
(C) Govt. of India Act 1919, Govt. of India Act 1935, Indian Independence Act 1947
(D) All the above
14. Which Act provided India to become an Independent state—

(A) Indian Independence Act 1949 (B) Indian Independence Act 1946
(C) Indian Independence Act 1947 (D) None of the above
15. Under the Govt. of India Act 1935, the Indian Federation worked through which kind of list—
(A) Federal List (B) Provincial List (C) Concurrent List (D) All the above
16. In the Govt. of India Act 1835, Federal List contained which kind of subjects—
(A) External Affairs (B) Currency and Coinage
(C) Naval, Military and Force, Census (D) All the above
17. In the Govt. of India Act 1935, provincial list included which kind of subjects—
(A) Police (B) Provincial Public Service (C) Education (D) All the above
18. In the Govt. of India Act 1935, which subjects are included in the concurrent list—
(A) Criminal Law & Procedure, Civil Procedure (B) Marriage
(C) Divorce, Arbitration (D) All the above
19. Under the Govt. of India Act 1935, who had the power to proclaim emergency—
(A) Governor General (B) General of India (C) Governor of the State (D) None of the above
20. In the Govt. of India Act 1935, who was authorised to make a law on the Provincial subject—
(A) Governor (B) Governor General (C) Federal Legislature (D) None of the above
21. Which Constitution is in the written form for the first time by an elected body during the Modern period—
(A) India (B) America (C) Britain (D) France
22. Who was the de facto Prime Minister at the time of evolution of the Indian Constituent Assembly—
(A) Moti Lal Nehru (B) Sardar Ballabh Bhai Patal (C) Jawahar Lal Nehr (D) H. N. Kunzru
23. Who boicotted the Indian Constituent Assembly—

(A) Unionist Muslim (B) Muslim League (C) Unionist Scheduled Caste (D) Krishak Poja
24. In the Constituent Assembly, which parties were members—

(A) Congress, Muslim League, Unionist Muslim
(B) Unionist Scheduled Caste, Krishak Poja, Scheduled Castes Federation, Sikh (Non Congress)
(C) Communists, Independents
(D) All the above
,
25. Which party said that Indian Constituent Assembly does not have a fully representative character—
(A) Congress (B) Muslim League (C) Unionist Muslim (D) Unionist Scheduled Castes
26. After independence, who decided to determine the Future Constitution of India—
(A) Jawahar Lal Nehru (B) Sardar Ballabh Bhai Patel
(C) Constituent Assembly (D) None of the above
27. Whom the Indian Constituent Assembly represented—

(A) Fully representative of the Hindus (B) Fully representative of the State in India
(C) Fully representative of the Provinces in India (D) Fully representative of the States and Provinces in
India
28. Through which offer, the British Government authoritatively supported a Constituent Assembly for
making the Indian Constitution
(A) August offer (B) Viceroy offer (C) Sir Strafford Cripps offer (D) None of the above
29. Who supported the views of the Constituent Assembly for making the Indian Constitution—
(A) Sardar Patel (B) Gandhiji (C) Jinnah (D) None of the above
30. Gandhiji wrote which article in the Harijan of 19th November 1939 to support the formation of Constituent
Assembly for making the Constitution of India—
(A) The need of Constitution (B) Formation of Constituent Assembly
(C) The only way (D) The way
31. Which Party supported formation of a Constituent Assembly—

(A) Congress (B) Muslim League (C) Unionist Muslim (D) Unionist Scheduled Castes
32. When did Constituent Assembly adopt a national Flag—

(A) 22nd Aug. 1947 (B) 22nd July 1947 (C) 22nd Jan. 1947 (D) 22nd Oct. 1947
33. Did the Constituent Assembly exist at the time of Indian Independence—
(A) No (B) Only idea emerged
(C) Yes (D) Uncertainty regarding formation of said Assembly
34. Who was the last British Governor General who addressed the Constituent Assembly—
(A) Lord Attlee (B) Lord Mount Batten (C) Lord Bentick (D) None of the above
35. When did the Constituent Assembly passed a resolution for translation of the Constitution of India into
Hindi and other many languages of India—
(A) 17th Sep. 1949 (B) 17th Oct. 1949 (C) 17th Nov. 1949 (D) 17th Dec. 1949
36. What was the last session of the Constituent Assembly—

(A) Eleventh session (B) Twelfth session (C) Sixteenth session (D) Seventh session
37. When was the last Twelfth session of the Constituent Assembly held—
(A) 24th Jan. 1950 (B) 24th Feb. 1950 (C) 24th April 1950 (D) 24th Dec. 1950
38. How many copies of the Constitution were printed after the Constituent Assembly framed the same—
(A) Two (B) One (C) Three (D) Four
39. Which song was sang in the Constituent Assembly before its Adjournment sine die—
(A) Jana Gana Man (B) Vande Matram (C) A & B (D) None of the above
40. For how many years, months and days, did the Constituent Assembly work on the Constitution of India—
(A) 2 Years, 11 months and 19 Days (B) 3 Years, 12 months and 16 Days
(C) 4 Years, 18 months and 6 Days (D) None of the above
41. How many number of sessions were held in the Constituent Assembly—
(A) Twenty sessions (B) Twelve sessions (C) Twenty-five sessions (D) Twenty-eight
sessions
42. How many Articles and Schedules were in the First Draft Constitution presented by the Drafting
Committee to the Constituent Assembly—
(A) 318 Articles and 7 Schedules (B) 319 Articles ad 10 Schedules
(C) 315 Articles and 8 Schedules (D) 399 Articles and 5 Schedules
43. In the final form of the Constitution adopted by the Constituent Assembly, how many Articles and
Schedules were there—
(A) 397 Articles and 9 Schedules (B) 395 Articles and 4 Schedules
(C) 396 Articles and 7 Schedules (D) 395 Articles and 8 Schedules
44. In the Constituent Assembly how many total number of Amendments were proposed in the Draft
Constitution—
(A) Approx. 7935 (B) Approx. 7892 (C) Approx. 7365 (D) Approx. 2473
45. What was the expenditure made by the Constituent Assembly while framing the Constitution of India—
(A) Rs. 63,96,729 (B) Rs. 64,98,725 (C) Rs. 69,92,769 (D) Rs. 65,92,926
46. How many visitors came to witness the proceedings of the Constituent Assembly—
(A) 52,500 (B) 53,000 (C) 54,000 (D) 54,500
47. Who presented the Objective Resolution in the Constituent Assembly—

(A) Jawaharlal Nehru (B) Motilal Nehru (C) Sardar Ballabah Bhai Patel (D) None of the above
48. When was the First Draft of the Constitution of India proposed—
(A) Oct. 1945 (B) Oct. 1947 (C) Oct. 1946 (D) Oct. 1948
49. Who prepared the first draft Constitution of India—

(A) Jawahar Lal Nehru (B) Gandhiji
(C) Advisory Branch of the Constituent Assembly (D) Sardar Ballabh Bhai Patel
50. Who was the Chairman of the Draft Committee of the Constituent Assembly—
(A) Dr. B. R. Ambedkar (B) K. M. Munshi (C) Jagjivan Ram (D) None of the above
51. When was the draft Constitution of India prepared by the Drafting Committee submitted to the President
of the Constituent Assembly—
(A) 28th Feb. 1948 (B) 26th Feb. 1948 (C) 21st Feb. 1948 (D) 25th Feb. 1948
52. When was the Second Reading of the Constitution completed in the Constituent Assembly—
(A) 18 Nov. 1949 (B) 17 Nov. 1949 (C) 15 Nov. 1949 (D) 16 Nov. 1949
53. How many readings were held on the Constitution in the Constituent Assembly—
(A) First Reading (B) Third Reading (C) Second Reading (D) None of the above
54. When was the Constitution of India adopted by the Constituent Assembly—
(A) 25th Nov. 1949 (B) 29th Nov. 1949 (C) 26th Nov. 1949 (D) 27th Nov. 1949
55. How many Princely States existed at the time when the Constituent Assembly was making the
Constitution—
(A) 600 (B) 800 (C) 900 (D) 950
56. Who said, ‘I feel, however, good a Constitution may be, it is sure to turn out bad because those who are
called to work it, taken to be a bad lot. However bad a Constitution may be, it may turn out to be good if
those who are called to work it, happens to be a good lot. The working of a Constitution does not depend
wholly upon the nature of the Constitution’—
(A) Dr. Ambedkar (B) Dr. Rajendra Prasad (C) Dr. Subhash Kashyap (D) None of the above
57. Who stated, ‘As to the execution that the Draft Constitution has produced a good part of the provisions of
the Government of India Act 1935, make no apologies. There is nothing to be ashamed of in Borrowing.’—
(A) Dr. Rajendra Prasad (B) Jawhar Lal Nehru (C) Gandhiji (D) Dr. Ambedkar
58. Who said, ‘If the people who are elected are capable and men of character and integrity, they would be
able to make the best even of a defective Constitution. If they are lacking in these, the Constitution cannot
help the country’—
(A) Sardar Hukam Singh (B) K. M. Munshi (C) Dr. Rajendra Prasad (D) Sardar Ballabh Bhai
Patel
59. When were the election to the Constituent Assembly held—

(A) July 1946 (B) Aug. 1946 (C) Sep. 1946 (D) Oct. 1946
60. In the Constituent Assembly how many seats were got by the Congress—
(A) 204 (B) 205 (C) 203 (D) 208
61. How many seats were obtained by the Muslim League in the Constituent Assembly—
(A) 74 (B) 75 (C) 73 (D) 76
62. How many seats were acquired by the other parties in the Constituent Assembly—
(A) 14 (B) 15 (C) 17 (D) 18
63. How many total members were elected in the Constituent Assembly—
(A) 296 (B) 293 (C) 291 (D) 292
64. In the Parliament of India Upper House in known as—

(A) Lok Sabha (B) Rajya Sabha (C) Council of States (D) None of the above
65. In the Parliament, Lower House is called as—

(A) Legislative Assembly (B) Legislative Council (C) Rajya Sabha (D) Lok Sabha (House of People)
66. In the Constituent Assembly who was the Head of the Union Constitution Committee—
(A) Jawaharlal Nehru (B) Sardar Patel (C) Subhash Buse (D) None of
the above
67. In the Constituent Assembly which words were associated with the Parliament—
(A) Parliament of the Legislature (B) Parliament of the Union
(C) Parliament of the Federation (D) All the above
68. In the Constituent Assembly, it was said that Parliament of the Federation shall consist of the President
and what else—
(A) National Legislature (B) National Assembly (C) House of People (D) Council of State
69. In the Constituent Assembly, which committee recommended that Indian Constitution adopt
Parliamentary Form of Executive—
(A) Drafting Committee (B) Constitutional Committee
(C) Union Constitution Committee (D) All the above
70. In the Constituent Assembly, how many seats were fixed for House of People—
(A) 500 (B) 400 (C) 300 (D) 250
71. In the Constituent Assembly, what was the number of population fixed for one Representative—
(A) 7,500 (B) 7,50,000 (C) 50,000 (D) 78,500
72. Who elected Dr. Rajendra Prasad as the First President of India—
(A) Constituent Assembly (B) Legislative Assembly (C) Council of State (D) Lok Sabha
73. In the Constituent Assembly who proposed the name of Dr. Rajendra Prasad as President of India—
(A) Jawaharlal Nehru (B) Sardar Patel (C) A & B (D) None of the above
74. Which is our National anthem—

(A) Jana Gana Mana (B) Vande Matram (C) A & B (D) None of the above
75. When did the Constituent Assembly adopt National Anthem—

(A) 25th Jan. 1950 (B) 26th Jan. 1950 (C) 24th Jan. 1950 (D) 29th Jan. 1950
76. In the last session of the Constituent Assembly which song was sung—
(A) Jan Gana Mana (B) Vande Matram (C) A & B (D) None of the above
77. Which women presented National Flag in the Constituent Assembly—

(A) Smt. Sarojini Naidu (B) Smt. Hansa Mehta (C) Smt. Indira Gandhi (D) None of the above
78. In the Indian National Flag, what does Ashoka's wheel represent—
(A) Wheel of the Truth (B) Wheel of the Moral (C) Wheel of the Dharm (D) Wheel of the Law
79. In the National Flag, what does green colour represent—

(A) Animals (B) Soil (C) Human Nature (D) Spiritual Philosophy
80. In the National Flag, what does saffron colour represent—

(A) Spirit of Renunciation (B) Spirit of colours (C) Spirit of Human nature (D) None of the above
81. In the National Flag, whom does the wheel represent—

(A) Prithivi Raj Chauhan (B) Raja Man Singh (C) Ashoka (D) None of the above
82. In the National Flag, what shall be the Ratio of the width to the length—
(A) 2 : 3 (B) 2 : 4 (C) 2 : 5 (D) 2 : 6
83. In the National Flag, how many colours are there—

(A) Four (B) Three (C) Two (D) Five
84. Which colours are included in the National Flag—

(A) Deep Saffron (B) White (C) Dark Green (D) All the above
85. In the National Flag, which colour is used in the wheel—

(A) Blue (B) Navy Blue (C) Red Green (D) Green-White
86. In the Constituent Assembly, when was the ad-hoc Committee appointed for the National Flag—
(A) 23rd June 1947 (B) 23rd July 1947 (C) 23rd Jan. 1947 (D) 23rd Feb. 1947
87. What was the name of India's First Legislature—

(A) Parliament (B) Union Parliament (C) Constituent Assembly (D) National Assembly.
88. During what period, Constituent Assembly of India worked—

(A) 1948-1950 (B) 1949-1951 (C) 1947-1949 (D) 1951-1952
89. Who was the first Speaker of free India's first Legislature (Constituent Assembly)
(A) G. V. Mavalankar (B) K. M. Munshi (C) Frank Anthony (D) Smt. Sarojini Naidu
90. After Indian Independence who represented Provisional Parliament—

(A) Lok Sabha (B) Parliament (C) Rajya Sabha (D) Constituent Assembly
91. When did India become a fully Sovereign Democratic Republic—

(A) 26th Nov. 1949 (B) 26th Nov. 1930 (C) 26th Jan. 1949 (D) 26th Nov. 1951
92. After Indian Independence, what was not Provisional Parliament provided—
(A) Directly Elected Body (B) Indirectly Elected Body (C) Sovereign Body (D) None of the above
93. In the Provisional Parliament of India, how many members were there—
(A) 296 (B) 313 (C) 318 (D) 316
94. In India who amended the Constitution through the first Amendment Bill 1951—
(A) Lok Sabha (B) Rajya Sabha (C) Provisional Parliament (D) Parliament
95. Who was the first Prime Minister of India at the time of Provisional Parliament—
(A) Jawahar Lal Nehru (B) Lal Bahadur Shastri (C) Indira Gandhi (D) Rajiv Gandhi
96. Who was be Deputy Prime Minister of India at the time of Provisional Parliament—
(A) Jawahar Lal Nehru (B) Sardar Ballabh Bahi Patel
(D) Maulana Abdul Kalam Azad (D) Gulzarilal Nanda
97. Which occupation was represented more in the Provisional Parliament—

(A) Agriculturists (B) Businessmen (C) Teachers/Academicians (D) Lawyers
98. From which area, more members were represented in the Provisional Parliament—
(A) Rural area (B) Urban area (C) Municipalities (D) Panchayats
99. When did the first Lok Sabha function—

(A) 1952-1956 (B) 1953-1957 (C) 1952-1957 (D) None of the above
100. Who was the Prime Minister of India in the first Lok Sabha—
(A) Pandit Govind Ballabh Pant (B) Jawahar Lal Nehru (C) Abdul Kalam Azad (D) C. D. Deshmukh
101. Who was the Minister of Home Affairs in the first Lok Sabha—
(A) Jagjivan Ram (B) C. D. Deshmukh (C) Pandit Govind Ballabh Pant (D) Abdul Kalam Azad
102. Who was the first Speaker of the First Lok Sabha—
(A) G.V. Mavalankar (B) C. D. Deshmukh (C) Dr. S. Radhakrishnan (D) Pandit Govind Ballabh Pant
103. Who was the chairman of the Rajya Sabha at the time of fist Lok Sabha—
(A) N.C. Chatterjee (B) Dr. S. Radhakrishnan (C) A. K. Gopalan (D) Mahavir Tyagi
104. Who was the father of the Lok Sabha—

(A) Hukam Singh (B) N. Sanjiva Readdy (C) G. S. Dhillon (D) G. V. Mavalankar
105. When did the origin and evolution of the office of Speaker start in India—
(A) In Hindu period (B) In British Period (C) In Mughal period (D) None of the above
106. Till 1920, who presided over the Legislative Council of India—
(A) Speaker (B) Deputy Speaker (C) Governor (D) Governor General
107. When was the title ‘Speaker’ assumed in India—

(A) 1947 (B) 1948 (C) 1949 (D) 1946
108. Under which act, the Bicameral Central Legislature was established during the British period for the first
time—
(A) Govt. of India Act 1938 (B) The Indian Council Act 1861
109. Who was the first President of Central Legislative Assembly before India was Independent—
(A) Sir Frederick Whyte (B) Sir C.H. Seetalbad (C) Sardar Patel (D) Sir Mohammad Yakub
110. Who was the Speaker of the Constituent Assembly—

(A) Sir Abdul Rahim (B) G. V. Mavalankar (C) M. A. Ayyangar (D) Sir Ibrahim Rahim Toola
111. Who was the last President of the Indian Central Legislative Assembly during the British time—
(A) G. V. Mavalankar (B) Abdul Rahim (C) Sir R. K. Shanumukham Chetty (D) None of the above
112. Who was the first Indian to be the President of Central Legislative Assembly—
(A) M. A. Ayyanger (B) B. R. Bhagat (C) Dr. Balarm Jakhar (D) Vithalbhai J. Patel
113. After the death of Shri G. V. Mavrlankar, who became the Speaker of the first Lok Sabha—
(A) M. A. Ayyangar (B) K.S. Hegde (C) N. Sanjiva Reddy (D) None of the above
114. Who was the Speaker of the second Lok Sabha—

(A) K. S. Hegde (B) M. A. Ayyangar (C) Salman Khurshid (D) Rabi Roy
115. Which Indian President was the Speaker of the Fourth Lok Sabha—
(A) S. D. Sharma (B) Dr. Rajendra Prasad (C) N. Sanjiva Reddy (D) Dr. S Radhakrishanan
116. Who was the Speaker of the Sixth Lok Sabha—

(A) N. Sanjiva Reddy (B) K. S. Hegde (C) A and B (D) None of the above
117. Which article of the Indian Constitution mentioned the posts of Speaker and Deputy Speaker of the
House of People—
(A) Article 95 (B) Article 93 (C) Article 91 (D) Article 96
118. Who is the Head to transact the business of the Lok Sabha—
(A) Prime Minister (B) Members of Lok Sabha (C) Speaker (D) President
119. In the absence of the Speaker who performs the duties of transacting the business in Lok Sabha—
(A) Deputy Speaker (B) Prime Minister (C) Members of Parliament (D) Parliamentary Affairs Minister
120. Under which Article of the Constitution, the Council of State (Rajya Sabha) has a Chairman and Deputy
Chairman—
121. What members of the Parliament cannot represent—

(A) Members of Lok Sabha (B) Members of Rajya Sabha
(C) Members of Legislative Assembly (D) Members of both Houses of Parliament
122. How can member of Parliament resign from his seat—

(A) By speaking in the House (B) By an announcement in the Press
(C) By writing under his signature addressed to the Chairman or the Speaker (D) All the above
123. Who fixes salaries and allowances for the Chairman and Deputy Chairman of the Rajya Sabha and the
Speaker and Deputy Speaker of the Lok Sabha—
(A) Lok Sabha (B) Rajya Sabha (C) Members of the Parliament (D) Parliament by Law
124. In which Schedule of the Constitution salaries and allowances for the Chairman and Deputy Chairman
of Rajya Sabha and Speaker and Deputy Speaker of the Lok Sabha are specified—
(A) First (B) Second (C) Third (D) Fourth
125. Under which Article Conduct of Business of Parliament is mentioned—

126. Under which Schedule of the Constitution every member of Parliament takes oath or affirmation—
(A) First (B) Third (C) Fifth (D) Sixth
127. Under the British Rule, who was the First Deputy President of Central Legislative Assembly—
(A) Shri Sachchidananda Sinha (B) Shri Abdul Matia Chaudhary
(C) Sir Muhammad Yakub (D) Shri R. R. Shamnukhaym Chetty
128. Before Indian Independence, how was the Post of Deputy Speaker in the Central Legislative Assembly
called—
(A) Vice President (B) Vice Chairman (C) Deputy President (D) None of the above
129. Who was the last Deputy President of Central Legislative Assembly during the British Period—
(A) Sir Muhammad Yamin Khan (B) Shri Abdul Matia Chaudhary
(C) Sir Muhammad Yakub (D) Shri R. R. Shamnukham Chetty
130. Who was the Deputy Speaker of the Constituent Assembly (Legislative)—
(A) Shivaraj Patil (B) G. Laxman (C) S.V. Krishnamurthy Rao (D) M. A. Ayyangar
131. Who was the Deputy Speaker of the First Lok Sabha—
(A) M. A. Ayyangar (B) Sardar Hukam Singh (C) M. Thambidurai (D) None of the above
132. Who was the Prime Minister at the time of Second Lok Sabha—
(A) Lal Bahadur Shastri (B) Pt. Jawahar Lal Nehru (C) Narsimha Rao (D) I. K. Gujral
133. Who was the First Lok Sabha Speaker unanimously elected—
(A) Hukam Singh (B) Dr. G.S. Dhillon (C) M.A. Ayyangar (D) B.R. Bhagat
134. In the First Lok Sabha Election, what was the expenditure incurred—
(A) Rs. 10.45 crore (B) Rs. 5.90 crore (C) Rs. 7.81 crore (D) Rs. 14.43 crore
135. Who said ‘As President, I have no eyes but constitutional eyes. I cannot see you’—
(A) Dr. Rajendra Prasad (B) Dr. Radhakrishnan (C) Abraham Lincoln (D) Mahatma Gandhi
136. When was the First Lok Sabha dissolved—
(A) 4th April 1957 (B) 3rd April 1957 (C) 6th April 1957 (D) 8th April 1957
137. In the First Lok Sabha, what was the Representation of Women—
(A) 27 (B) 34 (C) 22 (D) 39
138. In the First Lok Sabha, how many seats were—

(A) 500 (B) 499 (C) 544 (D) 521
139. In which two Lok Sabhas Women Representation was equal—

(A) First and Sixth Lok Sabha (B) First and Eighth Lok Sabha
(C) First and Fifth Lok Sabha (D) First and Ninth Lok Sabha
140. Which Prime Minister of India imposed President Rule for more number of times—
(A) Jawahar Lal Nehru (B) Lal Bahadur Shastri (C) N. D. Deva Gowda (D) Indira Gandhi
141. During the time of Jawahar Lal Nehru, how many Times Presidents Rule was reproduced—
(A) Seven (B) Two (C) Zero (D) Four
142. During Lal Bahadur Shastri time, how many times President Rule was imposed—
(A) Four (B) Ten (C) Two (D) Fifteen
143. During the time of Indira Gandhi, what was the number of President's Rule imposed—
(A) 16 (B) 48 (C) 4 (D) 6
144. During the time of Morarji Desai and Charan Singh, what was the number of times President Rule
imposed—
(A) 16 (B) 4 (C) 5 (D) 10
145. In Rajeev Gandhi time, how many times President Rule was imposed—
(A) 15 (B) 20 (C) 5 (D) 6
146. At the time of V. P. Singh, how many times President's Rule was imposed—
(A) 2 (B) 6 (C) 7 (D) 8
147. During the period of Chandra Shekhar, how many times President's Rule was imposed—
(A) 9 (B) 4 (C) 3 (D) 11
148. During the time of P. V. Narsihmha Rao, what was the number of President's Rule—
(A) 90 (B) 100 (C) 7 (D) 11
149. At the time of H. D. Deva Gowda, what was the number of President's Rule—
(A) 2 (B) 5 (C) 13 (D) 16
150. Under which Article of the Constitution of India, Constitution of Parliament has been defined—
(A) 80 (B) 79 (C) 82 (D) 81
151. Who nominates 12 members in the Council of State—

(A) Chairman of Rajya Sabha (B) Deputy Chairman of Rajya Sabha
(C) President of India (D) Prime Minister of India
152. Members of Rajya Sabha are elected by which members—

(A) Lok Sabha (B) Legislative Assembly
(C) Council of State (D) Legislative Council
153. Representative of Union territories in the Council of State shall be choosen in such a manner as
decided by—
(A) As prescribed by law in the Assembly (B) As prescribed by law by State
(C) As prescribed by law by the Union (D) As prescribed by law in the Parliament
154. How many members represented Union territories in Lok Sabha—
(A) 20 (B) 21 (C) 22 (D) 23
155. For a Election to Lok Sabha, each State shall be divided into—
(A) Constituencies (B) Territorial Constituencies
(C) Union Constituencies (D) State Constituencies
156. How many members are fixed for Lok Sabha—

(A) 501 (B) 551 (C) 530 (D) 506
157. In which Article of the Constitution of India, duration of House of Parliament has been mentioned—
(A) 83 (B) 84 (C) 85 (D) 88
158. Which House shall not be a subject for dissolution—

(A) Lok Sabha (B) House of People (C) Council of State (D) State Legislature
159. After how many years, one-third of the members of the Rajya Sabha retire—
(A) 6 years (B) 3 years (C) 5 years (D) 2 years
160. Under which Constitutional subject in operation, life of Lok Sabha can be extended by one year—
(A) Proclamation of Emergency (B) Proclamation of President Rule in the State
(C) Proclamation of Amendment to the Constitution (D) None of the above
161. What is the period of Lok Sabha—

(A) Four years (B) Six years (C) Five years (D) Three years
162. Under which Article of the Constitution of India, qualification for membership of Parliament has been
mentioned—
(A) 88 (B) 84 (C) 89 (D) 91
163. What power the President may exercise from time to time in respect of Parliament—
(A) Prorogue either of the House of Parliament (B) Dissolve House of the People
(C) A & B (D) None of the above
164. What activities does the President perform in respect of both the Houses of the Parliament—
(A) Time to time to summon each of Parliament (B) Prorogue either of the House of the Parliament
(C) Dissolve the Lok Sabha (D) All the above
165. Under whose advice, the President shall have the power of summoning, prorogation and dissolution—
(A) Home Minister (B) Prime Minister
(C) Council of Ministers (D) Parliamentary Affairs Ministers
166. Within which period the President has to summon session of the Parliament—
(A) Six Months (B) Five Months (C) Four Months (D) Three Months
167. Under which Supreme Court Judgment, action of the President to summon, prorogue and dissolve
either of the Houses of the Parliament shall be unconstitutional if acted without advice of Council of
Ministers—
(A) Indira Gandhi vs. Raj Narain A.I.R. 1975 S.C. 2299 (B) Rao vs. Indira Gandhi A.I.R. 1971 S.C.
1002
(C) Anandan vs. Chief Secretary, A.I.R. 1966 S.C 657 (D) None of the above
168. In the event of dissolution of Lok Sabha, who need not resign or get dismissed immediately—
(A) Prime Minister (B) Home Minister (C) Union Council of Ministers (D) None of the above
169. Under which Constitutional Article, President has the right to address and send message to the
Parliament—
(A) 84 (B) 83 (C) 85 (D) 86
170. Under which Constitutional Article, President has the right for Special Address to the Parliament—
(A) 87 (B) 88 (C) 89 (D) 90
171. Which law officer shall have the right to speak in both the Houses of Parliament—
(A) Solicitor General (B) Advocate General (C) Attorney General (D) Legal Advisor
172. Which Article of the Constitution of India mentioned the posts of the Chairman and Deputy Chairman of
Rajya Sabha—
(A) 90 (B) 89 (C) 93 (D) 94
173. Whom the Rajya Sabha has the power for removal—
(A) Speaker (B) Deputy Speaker (C) Council of President (D) Deputy Chairman
174. During the absence of the Chairman, who runs the Rajya Sabha ?
(A) Deputy Chairman (B) Prime Minister (C) Home Minister (D) Parliamentary Affairs
Minister
175. Under which Article, House of the People can have the Speaker and Deputy Speaker—
(A) 95 (B) 93 (C) 98 (D) 96
176. What is the period laid down by the Constitution before the proposal for removal of Speaker and Deputy
Speaker of Lok Sabha can be taken up by a resolution in the Lok Sabha—
(A) 15 Days (B) 18 Days (C) 16 Days (D) 14 Days
177. In Lok Sabha, who can not preside in the House while a Resolution for Removal from his office is under
consideration—
(A) Speaker (B) Deputy Speaker (C) A & B (D) None of the above
178. Under which Article Salaries and allowances of the Chairman and Deputy Chairman of Rajya Sabha
and Speaker and Deputy Speaker of Lok Sabha are mentioned—
(A) 97 (B) 96 (C) 95 (D) 94
179. Which Article mentions the conduct of business of the Houses of Parliament—
(A) 99 (B) 100 (C) A & B (D) None of the above
180. Who appoints each member of either of the Houses of the Parliament after notification is received from
the Election Commission—
(A) President (B) Speaker of Lok Sabha (C) Chairman of Rajya Sabha (D) Prime Minister
181. Who shall not give vote in the first instance in either of the Houses of Parliament—
(A) Speaker (B) Chairman (C) A & B (D) None of the above
182. When Speaker and Chairman shall give their votes on the Parliament.
(A) When Prime Minister asks them to give vote on the Bill (B) When the House passes such a resolution
(C) In the case of a tie between Yes and No (D) All the above
183. What is the Quorum laid down to constitute a meeting of either of the Houses of Parliament—
(A) one-tenth of the total number of members of that House
(B) one-fourth of the total number of members of that House
(C) one-fifth of the total number of members of that House
(D) one-half of the total number of members of that House
184. Which Article mentions disqualification of members in the Parliament—

(A) Article 101 to Article 104 (B) Article 101 to Articles 105
(C) Article 102 to Article 106 (D) Article 106 to Article 110
185. Lok Sabha has the supremacy in which matter—

(A) Railway Budget (B) Defence Budget (C) Foreign affairs (D) Financial Bill
186. Normally, what kind of session does the Parliament hold—
(A) Budget session (B) Monsoon session (C) Winter session (D) All the above
187. Which session of the year, President addresses both the Houses of Parliament—
(A) First session (Budget) (B) Second session (Monsoon) (C) Third session (Winter) (D) None above
188. In which session of Parliament, Railway and General Budgets are presented—
(A) Monsoon session (B) First session (C) Winter session (D) None of the above
189. What is the meaning of the adjournment motion under Parliamentary procedure—
(A) Member draws attention regarding important subject-matter
(B) Member wants the House to discuss his subject-matter
(C) Member wants to raise complicated issue
(D) Member wants to draw the attention of the House to way recent matter of urgent public importance
having serious consequences.
190. Who has the power to accept adjournment in the House—

(A) Prime Minister (B) Home Minister
(C) Speaker in the Lok Sabha and Chairman in the Rajya Sabha (D) All the above
191. Which authority in the Parliament has the right to adjourn the House—
(A) Speaker of Lok Sabha and Chairman of Rajya Sabha (B) President
(C) Parliamentary Affairs Minister (D) Prime Minister
192. Who has the power to present adjournment motion in Lok Sabha and Rajya Sabha—
(A) Minister (B) Deputy Speaker (C) Prime Minister (D) Member of the said House
193. In the Parliament, every Bill has to pass through which stages of Reading before it becomes act—
(A) First Reading (B) Second Reading (C) Third Reading (D) All the above
194. When a Bill is passed by the Parliament and the President, what is the status of the name—
(A) Law (B) Bill approved (C) Bill exercised for administration (D) Government procedure
195. Which two houses, can have a joint sitting—

(A) Legislative Assembly and Parliament (B) Lok Sabha and Rajya Sabha
(C) Council of State and Legislative Council (D) None of the above
196. When does the President assent the Bill—

(A) Lok Sabha passes the Bill (B) Rajya Sabha passes the Bill
(C) Lok Sabha and Rajya Sabha both passed the Bill (D) None of the above
197. In India, when does the financial year commence—

(A) First April (B) Second April (C) First March (f) Fifteenth March
198. On the subject of budget, demands for grant are arranged in which way—
(A) Prime Minister (B) Finance Minister (C) Ministry wise (D) All the above
199. In how many parts, the Budget is presented in Lok Sabha—

(A) One (B) Two (C) Three (D) Four
200. How are the parts of the Budget known as—

(A) General Budget (B) Railway Budget (C) A & B (D) None of the above
201. In the Parliament, what is the meaning of the Government Bill—

(A) Bill presented by Ruling Party member (B) Bill approved by the Government
(C) Only the Prime Minister presents the Bill
(D) A Bill introduced by any Minister in either of the Houses of the Parliament
202. In the Second Reading, what kind of process is adopted to approve the Bill—
(A) A general discussion on the Bill (B) Clause by clause consideration of the Bill
203. Who has the authority to call a joint sitting of the two Houses of Parliament—
(A) Prime Minister (B) President (C) Member of Lok Sabha (D) Member of Rajya Sabha
204. Who has the power to accord his assent or withhold his assent to a Bill passed by the parliament—
(A) President (B) Member of the House (C) Minister (D) None of the above
205. Which Bill President can neither return nor withhold his assent—
(A) Defence Bill (B) Money Bill (C) Law Bill (D) Financial Account Committee Bill
206. How may Standing Committees are there in Lok Sabha—

(A) 14 (B) 15 (C) 15 (D) 18
207. Standing Committees in Lok Sabha are—

(A) Business Advisory Committee & Committee of Privileges
(B) Committee on Absence of Members from the sitting of the House & Committee on Estimates
(C) Committee on Government assurances and Committee on papers laid on the Table
(D) All the above
208. Financial Committees in Lok Sabha are—

(A) Committee on Estimates (B) Public Accounts Committee
(C) Public Undertaking Committee (D) All the above
209. Ad hoc Committees in Parliament are—

(A) Committee on Draft Five Year Plan, etc.
(B) Committee in the conduct of certain members during the President Address
(C) Select or Joint Committee on Bills
(D) All the above
210. Who appoints Ad hoc Committee on Parliament—

(A) Speaker of Lok Sabha (B) Chairman of Rajya Sabha
211. By which procedure the Indian President and American President are elected as laid down by their
country's constitution—
(A) Elected through Member of Legislature (B) Elected by the People
(C) Elected by State Legislatures (D) Elected by an Electoral College
212. In what way our Indian Parliament is not Sovereign or Supreme with respect to the Constitution—
(A) In the Preamble, Constitution of India defines people of India as Sovereign
(B) Written Constitution of India
(C) Separation of Power and Checks and Blanees between the three constitutional organ
(D) All the above
213. Who has said that basic features of the Indian Constitution do not amount to a change—
(A) Prime Minister (B) Parliament (C) Supreme Court of India (D) Government
214. What is the nature of India's political system—

(A) Presidential System (B) Parliamentary System (C) A & B (D) None of the above
215. Which Constitutional Article was very much affected in the Supreme Court Judgement of Kesavanand
Bharti vs. State of Kerala—
216. Which constitutional article emopowers amendment in the Constitution of India—

217. Which constitutional organ has the power to amend Constitution of India—
(A) Judiciary (B) Executive (C) Legislative (D) Parliament
218. On which subject, Parliament has the power to amend the Constitution and the same also need
ratification by the State Legislature—
(A) Articles 54, 55, 73, 162 and 241 or Chapter IV of Part V, Chapter V of Part VI or Chapter I of Part XI
(B) Any of the Lists in the Seventh Schedules of the representation of State on Parliament
(C) The Provisions of Article 368
(D) All the above
219. Under which Constitutional Amendment Act, Article 368 of the Constitution was amended for the first
time—
(A) 25th Amendment Act (B) 26th Amendment Act
(C) 24th Amendment Act (D) 27th Amendment Act
220. Which Supreme Court Judgement pronounced that Fundamental Rights cannot be abridged—
(A) Golak Nath vs. State of Punjab A.I.R. 1967 S.C. 1643
(B) Kesavanand Bharti vs. State of Kerala A.I.R. 1973 S.C. 1961
(C) Indira Gandhi vs. Rajnarain A.I.R. 1975 S.C. 2299
(D) None of the above
221. Who curbed the Judicial Review power of Judiciary through Amendment of the Constitution—
(A) State Legislature (B) Parliament (C) Council of State (D) Legislative Council
222. Who restored the Judicial Review power of Judiciary under Indian Constitution—
(A) Supreme Court of India (B) High Court
(C) Chief Metropolitan Magistrate (D) District Court
223. In which House, Janta Government failed to secure two-third majority for new clause under Article 368
for introducing referendum for effecting changes in certain logic features of the Constitution—
(A) Legislative Council (B) State Legislature (C) State Assembly (D) Rajya Sabha
224. Who said in his judgement that no part of our Constitution is unamendable—
(A) Allahabad High Court (B) Calcutta High Court
(C) Madras High Court (D) Supreme Court of India
225. What was the important landmark judgement regarding amendment of the Constitution (Article 368)
(A) Shankari Prasad vs. Union of India (B) Golak Nath vs State of Punjab
(C) Kesavananda vs State of Kerala, Minerva Mill vs. Union of India (D) All the above
226. Which Supreme Court judgement described the basic structure of the Constitution of India for the first
time—
(A) Sankari Prasad vs. Union of India (B) Kesavananda vs. State of Kerala
(C) Indira Gandhi vs. Union of India (D) Golak Nath vs. State of Punjab
227. How many judges of the Supreme Court were in the Bench to describe the basic structure of the
Constitution for the first time in the landmark Judgement Kesavananda vs. State of Kerala—
228. Under which Chief Justice of India, the Constitution Bench described the basic structure of the
Constitution for the first time—
(A) Mr. Justice J. M. Shelat (B) Mr. Justice J. S. Verma
(C) Mr. Justice C. J. Sikri (D) Mr. Justice K. V. Chandrachud
229. In which Supreme Court Judgement, it has been pronounced that Parliament cannot enlarge its own
powers by making itself new Constitution—
(A) Sasanka vs. Union of India (B) Kesavananda vs. State of Kerala
(C) Minerva Mills vs. Union of India (D) Sankari Prasad vs. Union of India
230. What is the nature of the Indian Constitution—
(A) Rigid Constitution (B) Flexible Constitution (C) A & B (D) None of the above
231. Which Articles in the Indian Constitution represent emergency provisions—
(A) Article 348-354 (B) Article 352-360 (C) Article 359-361 (D) Article 368-380
232. Under which article of the Indian Constitution proclamation of emergency has been defined—
233. Which article in the Constitution of India defines effect of proclamation of Emergency—
234. Which Constitutional Article defines that only the union has the power to protect states against external
aggression and internal disturbance—
235. Which Constitutional article defines the provisions in case of failure of constitutional machinary in
States—
236. Which Constitutional article defines exercise of Legislative power after proclamation is issued under
article 356—
237. Which article defines suspession of the provisions of Article 18 during emergency—
238. Which constitutional article defines the provision in respect of financial emergency—
239. Which constitutional article defines the provision in respect of financial emergency—
240. Which constitutional article defines protection of President and Governors—

241. Which constitutional article defines protection against publication of proceedings of Parliament and
Legislature—
(A) Article 361D (B) Article 361A (C) Article 364 (D) Article 365
242. Which constitutional article defines the Bar to interference by Courts in disputes arising out of certain
treaties, agreements, etc.—
243. Which constitutional article abolished the Privy Purses—

(A) Article 374 (B) Article 392 (C) Article 363A (D) Article 364
244. Which constitutional article defines the effect of failure to comply with or to give effect to direction given
by the Union—
245. Which constitutional article defines the various definitions of constitutional subject—
246. Which Fundamental Rights Article is not in operation during the emergency—
247. Which constitutional organ has wider powers when emergency is in operation—
(A) Executive (B) Legislative (C) Judiciary (D) A & B
248. Which organ does not have the right to question and justify as null and void the law which violates
Fundamental Rights article?
(A) Executive (B) Judiciary (C) Legislative (D) None of the above
249. Who has the power to declare that citizen has no right to move any court for the enforcement of the
rights conferred by Part 3 of Fundamental Rights during the course of emergency—
(A) Executive (B) President (C) Governor (D) Prime Minister
250. Which Fundamental Rights article is enforceable during the period of emergency—
(A) 20 (B) 21 (C) A & B (D) None of the above
251. Through which constitutional amendment in article 359, it has been laid down that Fundamental Rights
under articles 20 and 21 are enforceable during the operation of emergency—
252. On whose satisfaction period of emergency shall be extended for operation in case security of India or
any part of the Indian territory is threatened—
(A) Prime Minister (B) Home Minister (C) President of India (D) Vice-President of India
253. Article 20 of the Fundamental Rights represents which subject—

(A) Equality of opportunity in matters of public employment
(B) Protection in respect of Conviction of Offence
(C) Protection of life and personal liberty
254. Article 21 of the Fundamental Rights deals with which subject—

(A) Protection of certain rights regarding freedom of speech,
(B) Protection in respect of conviction of offence
(C) Protection against arrest and detention in certain cases
(D) Protection of life and personal liberty
255. Who declares the financial emergency—

(A) President (B) Prime Minister (C) Finance Minister (D) None of the above
256. After declaration of financial emergency by the President, what is the period of operation without
approval by the Parliament—
(A) Three Months (B) Four Months (C) Two Months (D) One Month
257. Within what period, the Parliament has to approve Financial emergency declared by the President—
(A) Six Months (B) Two Months (C) Three Months (D) Four Months
258. In Financial Emergency, salaries and allowances of which groups get reduction—
(A) Central Government Employees (B) Judges of the Supreme Court and High Courts
259. Raj Pramukh represents whom under the Indian Constitution—

(A) President (B) Governor (C) A & B (D) None of the above
260. Under the Indian Constitution, what is the concept behind the protection of President and Governors—
(A) President & Governors are above the law
(B) President & Governors make any law for the Constitution
(C) President and Governors are answerable to Prime Minister
(D) President and Governors shall not be answerable to any court to the exercise and performance of the
powers and duties of their office
261. By which Constitutional amendment, the appellation Rajpramukh was omitted—

(A) 7th Amendment Act 1956 (B) 4th Amendment Act 1955
(C) 6th Amendment Act 1956 (D) 10th Amendment Act 1961
262. Which constitutional article provides personal immunity for President and Governors for official act—
263. Which constitutional article provides personal immunity to the head of the states for his official act from
legal action, including proceedings for contempt of Court—
264. Under which constitutional articles, newspapers do not have the right to publish report of the
proceedings of a secret session of either of the Houses of Parliament or Legislative Assembly & Legislative
Council—
(A) 361 (B) 361A (C) 361B (C) 361C
265. Spell out the condition under Article 361A by which any person or newspaper cannot be sued for legal
proceeding if any report of proceedings of Parliament and State Legislature is published—
(A) The report must be a report of the `procedings' of a House of the Union or a State Legislature. Hence, it
must be relevant to a motion or other business before the House, and must not have been expunged
(B) It must be a ‘report’ as distinguished from one article or `Comment'.
(C) Such report must be substantially true. Hence, an extract or a garbed or perverted report would not be
protected. The reporting must not be actuated by malice
(D) All of the above
266. Any Court including Supreme Court does not have constitutional right under Article 143 to exercise
jurisdiction over any dispute arising out of any provision of which agreements that were in operation before
commencement of the Constitution—
(A) Treaty, Agrrement (B) Covenant, Engagement (C) Sanad (D) All of the above
267. What is the meaning of Indian State in the Constitution—

(A) Any territory recognised by President of India
(B) Any territory before commencement of Indian Constitution by the British ruler
(C) Any territory which government of the Dominion of India recognised
(D) B & C
268. Before which Constitutional Amendment, Prince, Chief or other person were recognised by the
President of India as the Ruler of the Indian State—
269. Under which Constitutional Amendment Privy Purses were abolished—

270. Under which Constitutional Article, Union Government has the power to give direction to the State Govt.
regarding any of the provisions of the Constitution—
271. If any State Government fails to comply with or to give effect to any direction given by the Union
Government, who can come to conclusion that a situation has arisen in which the State cannot carry out
governance in accordance with the provision in the Constituion—
(A) President (B) Prime Minister (C) Home Minister (D) Supreme Court
272. Under Article 365 what are the duties of the Union Government with respect to State Governments—
(A) Ensure that every State Minister should act in accordance with the advice of Chief Minister
(B) Ensure that Governor acts under advice of the Chief Minister
(C) Ensure that Governance in the State is in accordance with the Constitution
273. What is the meaning of Foreign State as given in our Indian Constitution—
(A) Federal State (B) Commonwealth State (C) Nation (D) Any State other than India
274. Which Constitutional article defines the work of Administrative Tribunal—

(A) Article 323A (B) Article 233B (C) Article 223B (D) None of the above
275. Under which part of the Constitution, Tribunals have been defined—
(A) Part Four (B) Part Seven (C) Part Fifteen (D) Part Ten
276. What are the subjects for adjudication or trial by Administrative Tribunal—
(A) Private sector employee recruitment disputes
(B) Decide on recruitment in Public sector
(C) Dispute and complaints with respect to recruitment and condition of service of persons appointed in the
public services in connection with the officers of the Union or of any State or of any local or other Authority
within the territory of India
277. Administrative Tribunal is meant for whom—

(A) Union (B) Each State (C) Two or more States (D) All the above
278. Which Constitutional Amendment introduced the subject Tribunal in the Indian Constitution—
(A) Forty-second Amendement Act (B) Sixty-ninth Amendment Act
(C) Seventeenth Amendment Act (D) Seventy-one Amendment Act
279. On which Administrative Tribunal have no right to adjudicate disputes—

(A) Members of the Defence Forces
(B) Officers and Servants of the Supreme Court or of any High Court
(C) Members of the Secretariat Staff of Parliament or of any legislature of any State or Union Territory
280. Administrative Tribunals entertain those employees who are under employment with whom?
(A) Union or State Government
(B) A Local or other authority within the territory of India
(C) A Corporation owned or controlled by the Government
281. Jurisdiction of the Administrative Tribunal is not supplementary but is a complete substitute for whom—
(A) High Court (B) Civil Courts (C) A & B (D) None of the above
282. Under which constitutional article, jurisdiction of the Supreme Court has been retained over the
Administrative Tribunals—
283. Jurisdiction of the High Courts under Article 226 over service matters has been taken over by which
judicial institution—
(A) District Court (B) Administrative Court (C) Chief Metropolitan Magistrate (D) High Court
284. Which Constitutional Institution conducts elections of Parliament and State Legislatures and to the
offices of President and Vice-President—
(A) State Election Commission (B) Provisional Election Commission
(C) Election Commission (D) None of the above
285. After 44th Constitutional Amendment provisions relating with election in Part XV of the Constitution of
India have been retained in how many Articles—
(A) 324-329A (B) 324-329 (C) 324-327 (D) 224-228
286. Which Constitutional Article relating with the subject of election was omitted through 44th Amendment
Act 1975—
(A) 329A (B) 329B (C) 329C (D) 329
287. Through which Constitutional Amendment, Article 329A relating with the subject of Election was
inserted—
288. Through which Constituional Article, the subject of Bar to interference by courts in electoral matters
have been elaborated—
(A) Article 327 (B) Article 229 (C) Article 329 (D) None of the above
289. Which Constitutional Article elaborated power of Parliament to make provision with respect to election
to legislatures—
290. Who appoints Chief Election Commissioner—

(A) President (B) Prime Minister (C) Parliament (D) None of the above
291. Who acts as the Chairman of the Election Commission after appointment as Election Commissioner—
(A) Prime Minister (B) Home Minister
(C) Chief Appointment Officer (D) Chief Election Commissioner
292. Under whose advice, President of India appoints Regional Election Commissioner—
(A) Prime Minister (B) Chief Justice of High Court
(C) Governor (D) Chief Election Commissioner
293. Who decides allotment of symbols to Political Parties—

(A) Political Party leader (B) Political Party Governing Committees
(C) Election Committee of Political Party (D) Election Commission
294. Conduct of Election Rules, 1961 was made by the Central Govt. in consultation with which
commission—
(A) Parliamentary Members Inquiry Commission (B) Regional Election Commissioners
(C) Election Commission (D) None of the above
295. Who decides disputes relating with the allotment of symbols to Political Parties—
(A) Representation Act 1952 (B) Representation Act 1953
(C) Representation of the People Act 1951 (D) Election Commission
296. Who made a law for conduction of services and tenure of the office of Election Commissioners and
Regional Election Commissioner—
(A) Chief Election Commissioner (B) President (C) Parliament (D) State Legislature
297. Who decides de-recognition of the Political Party solely on the basis of its performance at the election,
e.g., bycotting of the election—
(A) Supreme Court of India (B) Election Commission (C) High Court (D) District Court
298. Can de-recognition of the Political Party by the Election Commission on the basis of its performance at
the last Election be subjected to scrutiny—
(A) Judicial Review (B) Judicial Order (C) Judicial Scrutiny (D) None of the above
299. On whose recommendation, Election Commissioner or Regional Election Commissioner shall be

removed from the office—
(A) Chief Judicial Magistrate (B) President (C) Election Commission (D) None of the above
300. Who has ample powers under Article 324(1) to make appropriate orders as to the conduct of Elections,
e.g., cancellation of poll and ordering to poll according to exigencies in particular areas, introduction of
electronic voting machines, postponing of election, etc.—
(A) Regional Election Commissioner (B) Election Committee of Government
(C) Electoral Officer (D) Election Commission
301. Under Article 324, Election Commission has vast functions which are as given in what area—
(A) Administrative power (B) Marginally Judicative power
(C) Legislative power (D) All of the above
302. After which Constitutional Amendment, even though decision of the Election Commission is issued from
New Delhi, the order of the commission can be challenged by the aggrieved party in another state in the
High Court of that State under Article 226—
303. Through which procedure, a writ can be filed in the Supreme Court against decision of the Election
Commission on recognising or de-recognising a political party for the purpose of an electoral symbol, or
which group within a particular party, constitutes that party for been allotted of Election symbol to that
party—
(A) Under Article 32 (B) Under Article 229
(C) Special leave petition (D) Public Interest Litigation
304. Under which Constitutional Article, Special leave to appeal lies with the Supreme Court—
305. Under which Constitutional Article review of judgement or orders lies with the Supreme Court—
306. Under which Constitutional Article enlargement of the jurisdiction of the Supreme Court is mentioned—
307. Which Constitutional Article mentions conformation the Supreme Court of powers to issue certain
writs—
308. Which Constitutional Article mentions transfer of certain cases for Supreme Court—
(A) Article 139A (B) Article 139B (C) Article 139C (D) Article 138
309. Which Constitutional Article defines law declared by Supreme Court to be binding on all courts—
310. Under which Constitutional Article, President has the power to consult Supreme Court—
311. Under which Constitutional Article, Civil and Judicial authorities are to act in aid of the Supreme Court—
312. Under which Constitutional Article repeal of special provision as to disposal of questions relating to
constitutional validity of law is mentioned—
(A) Article 144A (B) Article 345 (C) Article 248 (D) Article 249
313. Which Constitutional Article defines the subject ‘Officers and servants and expenses of the Supreme
Court.’
314. Which Constitutional Article defines ‘Interpretation' of Constitutional right of Supreme Court—
315. Which Constitutional Article defines functions of Comptroller and Auditor General of India.—
(A) Article 148-150 (B) Article 149-150 (C) Article 148-155 (D) Article 148-151
316. Which Constitutional Article defines, Comptroller and Auditor General of India—
317. Through which Constitutional Article duties and powers of `Comptroller and Auditor General' is
detailed—
318. Which Constitutional Article defines `Form of Accounts of the Union and the State.'—
319. Under which Constitutional Article, the Election Commission is a Tribunal—

(A) Article 136 (B) Article 136(3) (C) Article 136 (D) Article 136(1)
320. Up to which year Chief Election Commissioner functioned as one-man Commission—

(A) 1988 (B) 1989 (C) 1987 (D) 1986
321. In which months and year, the President notified that besides the Chief Election Commisioner the
Commission should have two other members called as Election Commissioner—
(A) Nov. 1989 (B) Feb. 1989 (C) Oct. 1989 (D) Dec. 1989
322. Through which Supreme Court Judgement, it has been pronounced that Chief Election Commissioner
should have two other members called Election Commissioner with Coordinate power—
(A) Durga Shankar vs. Raghuraj A.I.R. 1954 S.C. 520
(B) Mohinder vs. Election Commission A.I.R. 1978 S.C. 851
(C) Inderjeet vs. Election Commission A.I.R. 1984 S.C 1911
(D) Dhanoa vs. Union of India A.I.R. 1991 S. C. 1745
323. Chief Election Commissioner cannot be removed except by which process—

(A) Resignation (B) Presidential Order (C) Impeachment (D) Judicial Decision
324. Under which Chief Election Commissioner, Election Commission was made a body of multimember
Election Commission—
(A) T. N. Seshan (B) H. K. Sen (C) S. P. Sen Verma (D) M. S. Gill
325. Which Chief Election Commissioner appealed the Supreme Court that under Article 324, Election
Commission as a multi member Election Commission is not valid—
(A) K. B. Sundram (B) T. Swaminathan (C) H. S. Shakdhar (D) T. N. Seshan
326. During T. N. Seshan period as Chief Election Commissioner, who was the other Commissioner in the
Election Commission—
(A) M. S. Gill (B) G. V. Krishnamurthy (C) A & B (D) None of the above
327. For which Election, one General Electoral Roll for every territorial Constituency shall exist—
(A) Lok Sabha (B) Rajya Sabha (C) Legislature (D) All the above
328. On what basis, Election to Lok Sabha and State Legislature shall be conducted—
(A) Adult Suffrage (B) Indirect Election (C) Direct Election (D) None of the above
329. Under which Constitutional Amendment, provision for minimum age as 18 years for the Indian citizen
was made to become eligible to vote—
(A) 60th Amendment Act 1988 (B) 61st Amendment Act 1989
(C) 62nd Amendment Act 1989 (D) None of the above
330. Before 61st Amendment Act 1989, what was the age of Indian citizen eligible to vote in the Election—
(A) 23 (B) 24 (C) 21 (D) 22
331. Under Article 326, what was the Constitutional requirment for the Indian citizen not to become eligible
as a voter—
(A) Non Resident (B) Unsoundness of Mind
(C) Crime or Corrupt or Illegal practive (D) All the above
332. Which Constitutional Article lays down qualification for becoming a voter—
333. Which Constitutional Article lays down qualifications for the Indian citizens for election to Parliament—
334. Which Constitutional Article defines qualifications for the Indian citizen for election to a State
Legislature—
335. Under the Indian Constitution, what does `Adult Suffrage' signify—
(A) Children (B) Persons
(C) Any Indian citizen who is of the age of 18 years and above (D) None of the above
336. Who makes law with respect to Elections for State Legislature—
(A) Parliament (B) Judiciary (C) Government (D) Election Commission
337. Under Constitutional Articles 327 or 328, which subject shall not be called to be questioned in any
Court—
(A) Delimitation of Constituencies (B) The allotment of seats to such Constituency
338. How the election to either House of Parliament or to either House of the Legislature of the State shall
be called in question in the courts whose manner of presentation may be provided made by law by
appropriate Legislature—
(A) PIL (Public Interest Litigation) (B) SLP (Special Leave Petition)
(C) Action under Article 32 (D) Election Petition
339. Which Constitutional Article lays down the reservation of seats for Scheduled Castes and Scheduled
Tribes in the Lok Sabha—
340. Which Constitutional Article deals with `Representation of the Anglo-Indian Community' with House of
the People—
341. Under Article 331, how many members of the Anglo-Indian Community can be nominated in Lok Sabha
by the President—
(A) 3 (B) 4 (C) 2 (D) 1
342. In which State a separate district has been reserved for Scheduled Tribes—
(A) Assam (B) Andhra Pradesh (C) Karnataka (D) Kerala
343. Which Constitutional Article deals with representation of the Anglo-Indian Community in the Legislative
Assembly—
344. Under Article 333, how many members from the Anglo-Indian Community can be nominated by the
Governor in the Legislative Assembly—
(A) 8 (B) 1 (C) 4 (D) 3
345. Under which Constitutional Amendment of Article 334, reservation of seats for Scheduled Castes and
Scheduled Tribes in the Lok Sabha and State Legislative Assembly has been laid down—
(A) 31st Amendment Act 1959 (B) 23rd Amendment Act
(C) 45th Amendment Act 1980 & 62nd Amendment Act 1989 (D) All the above
346. Before which Constitutional Amendment, 20 years were fixed for reservation of seats for Scheduled
Castes and Scheduled Tribes in Lok Sabha and State Legislature—
(A) 23rd Amendment Act 1969 (B) 8th Amendment Act 1959
347. Through which Constitutional Amendment, 30 years were fixed for reservation of seats for SC and ST
in Lok Sabha and State Assembly—
(C) 23rd Amendment Act 1969 (D) 51st Amendment Act 1984
348. Which Constitutional Amendment fixes 40 years for reservation of seats for SC and ST in Lok Sabha
and State Legislative Assembly.
(C) 52nd Amendment Act 1985 (D) 45th Amendment Act 1980
349. Which Constitutional Amendment lays down 50 years for reservation of seats for SC and ST in the
House of People and State Legislative Assembly—
(A) 62nd Amendment Act 1989 (B) 44th Amendment Act 1928
(C) 45th Amendment Act 1980 (D) None of the above
350. Which Constitutional Article mentions ‘Claims of SC and ST in Govt. services and post’—
(A) Article 336 (B) Article 335 (c) Article 338 (D) Article 339
351. Which Constitutional Article lays down the provision for a National Commission for SC and ST—
352. Which community gets special provision for Central Services in Article 336—
(A) Sikh Community (B) Muslim Community (C) Hindu Community (D) Anglo-Indian Community
353. At the time of commencement of the Indian Community how many years were laid down for
appointment to the post in the Railways, Customs, Postal & Telegraph services for the Anglo-Indian
community—
354. What shall be the composition of National Commission for SC and ST—
(A) Chairperson (B) Vice-Chairperson (C) Five other members (D) All the above
355. National Commission for SC and ST shall be made by which constitutional institution—
(A) Parliament (B) Executive (C) Judiciary (D) State Legislature
356. Which Constitutional Article defines the SC—

357. Which Constitutional Article defines the ST—

358. Which Constitutional Article specifies official language of the Union—

359. Under Constitutional Article 343, which is the official language of the Union—
(A) Urdu (B) Hindi (C) English (D) b & c
360. Which Constitutional Article empowers the State Legislature to adopt Hindi or any state language as the
official language of that state—
361. Whose satisfaction is required under Constitutional Article 347 regarding special provision for creating
language spoken by a section of the population of a state—
(A) Parliament (B) Judiciary (C) President (D) Prime Minister
362. Which Constitutional Article defines official language for communication between the state and another
state and the Union—
363. Which Constitutional Article defines the Panchayat Raj—

(A) 243O (B) 243A (C) 243 (D) 243I
364. In the Indian Constitution, which type of the Sabha is mentioned under Panchayat Raj—
(A) District Sabha (B) Gram Sabha (C) Nagar Panchayat Sabha (D) Zila Sabha
365. Under Constitutional Article 243, what is the meaning of Panchayat—

(A) Self Gram Panchayat Raj (B) Government of Village (C) Self Government (D) None of the
above
366. Under Constitutional Article 243D, in Panchayat who gets reservation—

(A) Scheduled Caste (B) Scheduled Tribes (C) A & B (D) None of the above
367. Who make composition of Panchayat under Constitutional Article 243(C)—

(A) State Assembly (B) Lok Sabha (C) Council of State (D) Legislature of State
368. Which Constitutional Article defines disqualification for the members of Panchayat—
(A) Article 243F (B) Article 243G (C) Article 243I (D) None of the above
369. Which Constitutional Article defines the duration of the Panchayat—

(A) Article 243N (B) Article 243O (C) Article 243E (D) Article 243B
370. Which Constitutional Article define `Municipalities'—

(A) Article 243P (B) Article 243Q (C) Article 243T (D) Article 343U
371. Which Constitutional Article defines `constitution of Municipalities'—

(A) Article 243M (B) Article 243I (C) Article 243L (D) Article 243Q
372. Constitutionally, who notifies the phenomenal area of—

(A) Parliament (B) Governor (C) Chief Minister (D) State Government
373. A Municipal Council is situated in which area—

(A) Larger Urban area (B) Urban area (C) Smaller Urban area (D) None of the above
374. Governor issues a notification for which areas on the subject of constitution of Municipal area—
(A) A Transitional Area (B) A Smaller Urban Area (C) A Larger Urban Area (D) All the above
375. For Election of Members to Lok Sabha and Legislative Assembly, electoral constituencies comprise
wholly or partly of which area—
(A) A Transitional Area (B) Municipal Area (C) Legislative Council (D) None of the above
376. Where wards Committees are found—

(A) Gram Sabha (B) Gram Panchayat (C) Municipalities (D) None of the above
377. Under Constitutional Article 343D, a metropolitan area represent how many number of population—
(A) Ten Lakhs or more (B) Fifteen Lakhs or more (C) Less than Ten Lakhs (D) Less than Five Lakhs
378. Under Constitutional Article 243U, what is the maximum duration of Municipalities—
379. Which Constitutional Article defines Election to Municipalities—

(A) Article 243A (B) Article 243ZA (C) Article 243ZB (D) Article 243P
380. Through which Constitutional Amendment, Municipalities continued to be in force in the state which
existed before commencement of the Indian constitution—
(A) Seventy-fourth Amendment Act 1992 (B) Forty-fourth Amendment Act 1978
(C) Forty-fifth Amendment Act 1989 (D) Forty-seventh Amendment Act 1984
381. The Constitution of India, was drafted and enacted in which language—
(A) Hindi (B) English (C) Tamil (D) Telugu
382. In Article 394A which language is the authoritative text of the constitution of India—
(A) Punjabi (B) Manipuri (C) Hindi (D) Urdu
383. Which Constitutional Article states ‘This Constitution may be called the Constitution of India’
384. Which Constitutional Article states that Hindi is the official language—
385. In which language script, Constitution of India was signed by the members of the Constitutent Assembly
on 21st Jan. 1950—
(A) English (B) Hindi (C) A & B (D) None of the above
386. Which Constitutional Article defines the ‘Provision in case of failure of Constitutional Authority in the
state—
387. After which report, President promulgates President Rule in the State—
(A) Prime Minister (B) Union Home Minister (C) Chief Minister (D) Governor
388. Who has the Authority to approve President Rule in the state—
(A) Parliament (B) Lok Sabha (C) State Legislature (D) Council of State
389. Who has the constitutional power not to approve `President Rule' in the state under Article 356—
(A) Prime Minister (B) Parliament (C) Union Council of Ministers (D) State Government
390. In case President Rule in the state is not approved by the Parliament, ‘For how many months the same
promulgation shall last’.
(A) Four Months (B) Two Months (C) Three Months (D) Six Months
391. Under Article 356 Governor shall not be bound by whose advice—
(A) Chief Minister Council of Ministers (B) President (C) Prime Minister (D) None of the above
392. In which Supreme Court Judgement. it has been pronounced that `Article 356 cannot be invoked unless
it can be held that government of the state cannot be run in accordance with the provision of the
Constitution'
(A) Arun vs. Union of India A.I.R. 1992 Allahabad S.C. 1918
(B) S. R. Bommai vs. Union of India A.I.R. 1990 Kant 95
393. In which Supreme Court Judgement it has been pronounced that ‘the Union Government cannot
dismiss a duly elected State Government on the sole ground that the ruling party in the state suffered an
overwhelming defeat in the election of the Lok Sabha—
(A) S. R. Bommai vs. Union of India A.I.R. 1994 S.C. 1916
(B) State of Rajasthan vs. Union of India A.I.R. 1977 S.C. 1361
394. How many Schedules are incorporated in the Constitution of India—

(A) Eleventh Schedule (B) Tenth Schedule (C) Ninth Schedule (D) Twelfth Schedule
395. Which Constitutional Article lays down distribution of work through the Union List, State List, and
Concurrent List between the Union and State—
(A) 246 (B) 247 (C) 248 (D) 249
396. In the Union List, how many subjects are incorporated—

(A) 95 (B) 92 (C) 97 (D) 99
397. In the State List, how many subjects are included—

(A) 65 (B) 66 (C) 64 (D) 63
398. In the Concurrent list, how many subjects have been included—
(A) 42 (B) 43 (C) 45 (D) 47
399. Constitutionally, how a law can be made out of the subject in the Concurrent List—
(A) Union (B) State (C) Council of State (D) A & B
400. Constitutionally, who has the power to make a law on the subject mentionable in the Union List—
(A) Lok Sabha (B) Parliament (C) Rajya Sabha (D) Legislative Council
Answers :
1.(A) 2.(B) 3.(D) 4.(C) 5.(B) 6.(C) 7.(B) 8.(D) 9.(B) 10.(A)
11.(D) 12.(A) 13.(D) 14.(C) 15.(D) 16.(D) 17.(D) 18.(D) 19.(A) 20.(C)
21.(B) 22.(C) 23.(B) 24.(D) 25.(B) 26.(C) 27.(D) 28.(A) 29.(B) 30.(C)
31.(A) 32.(B) 33.(C) 34.(B) 35.(A) 36.(B) 37.(A) 38.(C) 39.(C) 40.(A)
41.(B) 42.(C) 43.(D) 44.(C) 45.(A) 46.(B) 47.(A) 48.(B) 49.(C) 50.(A)
51.(C) 52.(D) 53.(B) 54.(C) 55.(A) 56.(A) 57.(D) 58.(C) 59.(A) 60.(B)
61.(C) 62.(A) 63.(D) 64.(B) 65.(D) 66.(A) 67.(C) 68.(A) 69.(C) 70.(A)
71.(B) 72.(A) 73.(C) 74.(C) 75.(C) 76.(C) 77.(B) 78.(D) 79.(B) 80.(A)
81.(C) 82.(A) 83.(B) 84.(D) 85.(B) 86.(A) 87.(C) 88.(C) 89.(A) 90.(D)
91.(C) 92.(A) 93.(B) 94.(C) 95.(A) 96.(B) 97.(D) 98.(A) 99.(C) 100.(A)
101.(C) 102.(A) 103.(B) 104.(D) 105.(B) 106.(D) 107.(A) 108.(C) 109.(A) 110.(B)
111.(A) 112.(D) 113.(A) 114.(B) 115.(C) 116.(C) 117.(B) 118.(C) 119.(A) 120.(C)
121.(D) 122.(C) 123.(D) 124.(B) 125.(A) 126.(B) 127.(A) 128.(C) 129.(A) 130.(D)
131.(A) 132.(B) 133.(C) 134.(A) 135.(C) 136.(A) 137.(C) 138.(B) 139.(C) 140.(D)
141.(A) 142.(C) 143.(B) 144.(D) 145.(D) 146.(A) 147.(B) 148.(D) 149.(A) 150.(B)
151.(C) 152.(B) 153.(D) 154.(A) 155.(B) 156.(C) 157.(A) 158.(C) 159.(D) 160.(A)
161.(C) 162.(B) 163.(C) 164.(D) 165.(C) 166.(A) 167.(B) 168.(C) 169.(D) 170.(A)
171.(C) 172.(B) 173.(D) 174.( ) 175.(B) 176.(D) 177.(C) 178.(A) 179.(C) 180.(A)
181.(C) 182.(C) 183.(A) 184.(A) 185.(D) 186.(D) 187.(A) 188.(B) 189.(D) 190.(C)
191.(A) 192.(D) 193.(D) 194.(A) 195.(B) 196.(C) 197.(A) 198.(C) 199.(B) 200.(C)
201.(D) 202.(C) 203.(B) 204.(A) 205.(B) 206.(D) 207.(D) 208.(D) 209.(D) 210.(C)
211.(D) 212.(D) 213.(C) 214.(B) 215.(B) 216.(A) 217.(D) 218.(D) 219.(C) 220.(A)
221.(B) 222.(A) 223.(D) 224.(D) 225.(D) 226.(B) 227.(A) 228.(C) 229.(C) 230.(C)
231.(B) 232.(A) 233.(B) 234.(C) 235.(A) 236.(B) 237.(D) 238.(A) 239.(C) 240.(D)
241.(B) 242.(A) 243.(C) 244.(D) 245.(A) 246.(B) 247.(D) 248.(B) 249.(B) 250.(C)
251.(A) 252.(C) 253.(B) 254.(D) 255.(A) 256.(C) 257.(B) 258.(C) 259.(C) 260.(D)
261.(A) 262.(D) 263.(A) 264.(B) 265.(D) 266.(D) 267.(D) 268.(A) 269.(B) 270.(C)
271.(A) 272.(C) 273.(D) 274.(A) 275.(C) 276.(C) 277.(D) 278.(A) 279.(D) 280.(D)
281.(C) 282.(B) 283.(B) 284.(C) 285.(B) 286.(A) 287.(D) 288.(C) 289.(B) 290.(A)
291.(D) 292.(D) 293.(D) 294.(C) 295.(D) 296.(C) 297.(B) 298.(A) 299.(C) 300.(D)
301.(D) 302.(A) 303.(C) 304.(A) 305.(B) 306.(C) 307.(D) 308.(A) 309.(A) 310.(C)
311.(D) 312.(A) 313.(B) 314.(C) 315.(D) 316.(A) 317.(D) 318.(C) 319.(D) 320.(B)
321.(C) 322.(D) 323.(C) 324.(A) 325.(D) 326.(C) 327.(D) 328.(A) 329.(B) 330.(C)
331.(D) 332.(C) 333.(D) 334.(A) 335.(C) 336.(A) 337.(C) 338.(D) 339.(A) 340.(B)
341.(C) 342.(A) 343.(D) 344.(B) 345.(D) 346.(B) 347.(C) 348.(D) 349.(A) 350.(B)
351.(C) 352.(D) 353.(A) 354.(D) 355.(A) 356.(C) 357.(D) 358.(A) 359.(D) 360.(A)
361.(C) 362.(B) 363.(C) 364.(B) 365.(C) 366.(C) 367.(D) 368.(A) 369.(C) 370.(A)
371.(D) 372.(B) 373.(C) 374.(D) 375.(B) 376.(C) 377.(A) 378.(C) 379.(B) 380.(D)
381.(B) 382.(C) 383.(D) 384.(A) 385.(C) 386.(A) 387.(D) 388.(A) 389.(B) 390.(D)
391.(A) 392.(C) 393.(C) 394.(D) 395.(A) 396.(C) 397.(B) 398.(D) 399.(D)400.(B)
Must Know Articles of Indian Constitution
Article
Importance
Article 12 –35
Specify the Fundamental Rights available
Article 36-50
Specify the Directive Principles of state policy
Article 51A
Specifies the Fundamental Duties of every citizen
Article 80
Specifies the number of seats for the Rajya Sabha
Article 81
Specifies the number of seats for the Lok Sabha
Article 343
Hindi as official language
Article 356
Imposition of President’s Rule in states
Article 370
Special status to Kashmir
Article 395
Repeals India Independence Act and Government of India Act, 1935
Part 1 – Art. 1 to art. 4
 Article 1- Name and territory of the union.

 Article 2 – Admission and Establishment of the new state.
 Article 3 – Formation of new states and alteration of areas, boundaries, and name of existing
states.
Part 2 – Art. 5 to art. 11
 Article 5 – Citizenship at the commencement of the constitution.

 Article 6- Rights of citizenship of certain person who have migrated to India from Pakistan.
 Article 10- continuance of rights of citizenship.
 Article 11- Parliament to regulate the right of citizenship by law.
Part 3 – Art.12 to art.35
 Article 12- Definition of the state

 Article 13 Laws inconsistent with or in derogation of the fundamental rights.
 Originally, constitution provided for 7 basic fundamental rights, now there is only six rights, one
Right to property U/A 31 was deleted from the list of fundamental rights by 44th amendment act
1978. It made a legal right U/A 300-A in Part XII of the constitution.
Some important Fundamental Rights are as:
Right to Equality: Art. 14 to Art. 18
 Article 14- Equality before the law.

 Article 15- Prohibition of discrimination on the grounds of religion, race, caste, sex. Or place of
birth.
 Article 16- Equality of opportunity in matters of public employment.
 Article 17- Abolition of the un-touchability.
 Article 18- Abolition of titles
Right to Freedom: Art. 19 to art. 22
Art.19 guarantees to all the citizens the six rights
1. · (a) Right to freedom of speech and expression.

2. · (b) Right to assemble peacefully and without arms.
3. · (c) Right to form associations or unions.
4. · (d) Right to move freely throughout the territory of India.
5. · (e) Right to reside and settle in any part of the territory of India.
6. · (f) Right to practice any profession or to carry on any occupation, trade, and business.
 Article 20- Protection in respect of conviction for offences.
 Article 21-Protection of life and personal liberty.
 Article 22- Protection against arrest and detention in certain cases.
Right against Exploitation: Art.23 & art. 24
 Article 23- Prohibition of traffic in human beings and forced labour.

 Article 24- Prohibition of employment of children in factories and mines. Under age of 14.
Right to Freedom of Religion: Art.25 to art. 28
 Article 25- Freedom of conscience and free profession , practice and propagation of religion.
 Article 26- Freedom to manage religious affairs.
 Article 27- Freedom as to pay taxes for promotion of any particular religion.
 Article 28- Freedom from attending religious instruction.
Cultural and Educational Rights:Art.29 & art. 30
 Article 29- Protection of interest of minorities.

 Article 30- Right of minorities to establish and administer educational institutions.
 Article 32- Remedies for enforcement of Fundamental Rights.
Part.4 Directive Principal of states Policy: Art 36 to art. 51
 Article 36- Definition

 Article 37- Application of DPSP
 Article 39A- Equal justice and free legal aid
 Article 40- Organisation of village panchayat
 Article 41- Right to work , to education, and to public assistance in certain cases
 Article 43- Living Wages, etc. for Workers.
 Article 43A- Participation of workers in management of industries.
 Article 44- Uniform civil code.( applicable in Goa only)
 Article 45- Provision for free and compulsory education for children.
 Article 46- Promotion of educational and economic interest of scheduled castes, ST,and OBC.
 Article 47-Duty of the state to raise the level of nutrition and the standard of living and to
improve public heath.
 Article 48-Organisation of agriculture and animal husbandry.
 Article 49- Protection of monuments and places and objects of natural importance.
 Article 50- Separation of judiciary from executive.
 Article 51- Promotion of international peace and security.
Fundamental Duties: Part IV-A- Art 51A
· It contains, originally 10 duties, now it contains 11 duties by 86th amendments act 2002.
Part 5 – Union ( 52-151)
 Article 52- The President of India

 Article 53- Executive Power of the union.
 Article 54- Election of President
 Article 61- Procedure for Impeachment of the President.
 Article 63- The Vice-president of India.
 Article 64- The Vice-President to be ex-officio chairman the council of States.
 Article 66-Election of Vice-president.
 Article 72-Pardoning powers of President.
 Article 74- Council of minister to aid and advice President.
 Article 76- Attorney-General for India.
 Article 79- Constitution of Parliament
 Article 80- Composition of Rajya Sabha.
 Article 81- Composition of Lok Sabha.
 Article 83- Duration of Houses of Parliament.
 Article 93- The speakers and Deputy speakers of the house of the people.
 Article 105- Powers, Privileges,etc of the House of Parliament.
 Article 109- Special procedure in respects of money bills
 Article 110- Definition of “Money Bills”.
 Article 112- Annual Financial Budget.
 Article 114-Appropriation Bills.
 Article 123- Powers of the President to promulgate Ordinances during recess of parliament.
 Article 124- Establishment of Supreme Court.
 Article 125- Salaries of Judges.
 Article 126- Appointment of acting Chief justice.
 Article 127- Appointment of ad-hoc judges.
 Article 128-Attendance of retired judge at sitting of the Supreme Court.
 Article 129- Supreme court to be court of Record.
 Article 130- Seat of the Supreme court.
 Article 136- Special leaves for appeal to the Supreme Court.
 Article 137- Review of judgement or orders by the Supreme court.
 Article 141-Decision of the Supreme Court binding on all the courts.
 Article 148- Comptroller and Auditor- General of India
 Article 149- Duties and Powers of CAG.
Part 6 – States ( 152-237)
 Article 153- Governors of State
 Article 154- Executive Powers of Governor.
 Article 161- Pardoning powers of the Governor.
 Article 165- Advocate-General of the State.
 Article 213- Power of Governor to promulgate ordinances.
 Article 214- High Courts for states.
 Article 215- High Courts to be court of record.
 Article 226- Power of High Courts to issue certain writs.
 Article 233- Appointment of District judges.
 Article 235- Control over Sub-ordinate Courts.
Part 7 – 238 – Repealed
Part 8 – 239-242 – Union Territories
Part 9 – 243-243 O – Panchayats
 Article 243A- Gram Sabha

 Article 243B- Constitution of Panchayats
Part 9A – 243 P-243 ZG – Municipalities
Part 10 : Scheduled and Tribal Areas -244
Part 11 : Center- State Relations 245 – 263
Part 12 : Finance, Property, Contracts and Suits (264 – 300A)
 Article 266- Consolidated Fund and Public Accounts Fund

 Article 267- Contingency Fund of India
 Article 280- Finance Commission
 Article 300-A- Right to property.
Part 13 : Trade, Commerce and Intercourse within the territories of India (301-307)
 Article 301-Freedom to trade, commerce, and intercourse.

 Article 302- Power of Parliament to impose restrictions on trade, commerce, and intercourse.
Part 14 : Services Under Center and State (308-323)
 Article 312- All- India-Service.

 Article 315- Public service commissions for the union and for the states
 Article 320- Functions of Public Service Commission.
Part 14A : Tribunals (323 A – 323 B)
 Article 323A- Administrative Tribunals

Part 15 : Elections (324 – 329)
 Article 324-Superintendence, direction and control of Elections to be vested in an Election

Commission.
 Article 325- No person to be ineligible for inclusion in or to claim to be included in a special,
electoral roll on grounds of religion, race, caste, or sex.
 Article 326- Elections to the house of the people and to the legislative assemblies of states to be
on the basis of adult suffrage.
Part 16 : Special Provisions to SC, ST, OBC, Minorities etc (330 -342)
 Article 338- National Commission for the SC, & ST.

 Article 340- Appointment of a commission to investigate the conditions of backward classes.
Part 17 : Official Language (343- 351)
 Article 343- Official languages of the Union.

 Article 345- Official languages or languages of a states.
 Article 348- Languages to be used in the Supreme Court and in the High Courts.
 Article 351-Directive for development of the Hindi languages.
Part 18 : Emergency (352-360)
 Article 352- Proclamation of emergency ( National Emergency).

 Article 356- State Emergency (President’s Rule)
 Article 360- Financial Emergency
Part 19 : Miscellaneous (361-367)
 Article 361- Protection of President and Governors

Part 20 : Amendment of Constitution (368)
 Article 368- Powers of Parliaments to amend the constitution.

Part 21 : Special, Transitional and Temporary Provisions (369 – 392)
 Article 370 – Special provision of J&K.

 Article 371A – Special provision with respect to the State of Nagaland
 Article 371-J: Special Status for Hyderabad-Karnataka region
Part 22 : Short Text, Commencement, Authoritative Text in Hindi and Repeals (392 – 395)
 Article 393 – Short title – This Constitution may be called the Constitution of India.
Cyber Crimes and cyber Laws
Since the beginning of civilization, man has always been motivated by the need to make progress and
better the existing technologies. This has led to tremendous development and progress which has been
a launching pad for further developments. Of all the significant advances made by mankind from the
beginning till date, probably the most important of them is the development of Internet.
However, the rapid evolution of Internet has also raised numerous legal issues and questions. As the
scenario continues to be still not clear, countries throughout the world are resorting to different
approaches towards controlling, regulating and facilitating electronic communication and commerce.
The Parliament of India has passed its first Cyberlaw, the Information Technology Act, 2000 which
provides the legal infrastructure for E-commerce in India. The said Act has received the assent of the
President of India and has become the law of the land in India.
At this juncture, it is relevant for us to understand what the IT Act,2000 offers and its various
perspectives.
The object of The Information Technology Act,2000 as defined therein is as under :-
"to provide legal recognition for transactions carried out by means of electronic data interchange and
other means of electronic communication, commonly referred to as "electronic methods of
communication and storage of information, to facilitate electronic filing of documents with the
Government agencies and further to amend the Indian Penal Code, the Indian Evidence Act, 1872, the
Banker's Book Evidence Act, 1891 and the Reserve Bank of India Act, 1934 and for matters connected
therewith or incidental thereto."
Towards that end, the said Act thereafter stipulates numerous provisions. The said Act aims to provide
for the legal framework so that legal sanctity is accorded to all electronic records and other activities
carried out by electronic means. The said Act further states that unless otherwise agreed, an acceptance
of contract may be expressed by electronic means of communication and the same shall have legal
validity and enforceability. The said Act purports to facilitate electronic intercourse in trade and
commerce, eliminate barriers and obstacles coming in the way of electronic commerce resulting from
the glorious uncertainties relating to writing and signature requirements over the Internet. The Act also
aims to fulfil its objects of promoting and developing the legal and business infrastructure necessary to
implement electronic commerce.
Chapter-II of the said Act specifically stipulates that any subscriber may authenticate an electronic
record by affixing his digital signature. It further states that any person by the use of a public key of the
subscriber can verify the electronic record.
CHAPTER III of the Act details about Electronic Governance and provides interalia amongst others
that where any law provides that information or any other matter shall be in writing or in the
typewritten or printed form, then, notwithstanding anything contained in such law, such requirement
shall be deemed to have been satisfied if such information or matter is-
(a) rendered or made available in an electronic form; and
(b) accessible so as to be usable for a subsequent reference.
The said chapter also details about the legal recognition of Digital Signatures. The various provisions
further elaborate on the use of Electronic Records and Digital Signatures in Government Agencies. The
Act further talks of publications of rules and regulations in the Electronic Gazette.
Chapter IV of the said Act gives a scheme for Regulation of Certifying Authorities. The Act envisages
a Controller of Certifying Authorities who shall perform the function of exercising supervision over the
activities of the Certifying Authorities as also laying down standards and conditions governing the
Certiying Authorities as also specifying the various forms and content of Digital Signature Certificates.
The Act recognises the need for recognising foreign Certifying Authorities and it further details the
various provisions for the issue of license to issue Digital Signature Certificates.
Chapter VII of the Act details about the scheme of things relating to Digital Signature Certificates. The
duties of subscribers are also enshrined in the said Bill.
Chapter IX of the said Act talks about penalties and adjudication for various offences. The penalties for
damage to computer, computer system etc. have been fixed as damages by way of compensation not
exceeding Rs. 100,00,000/- to affected persons. The Act talks of appointment of any officers not below
the rank of a Director to the Government of India or an equivalent officer of state government as an
Adjudicating Officer who shall adjudicate whether any person has made a contravention of any of the
provisions of the said act or rules framed thereunder. The said Adjudicating Officer has been given the
powers of a Civil Court.
There is a provision in Chapter X which envisage the Cyber Regulations Appellate Tribunal shall be an
appellate body where appeals against the orders passed by the Adjudicating Officers shall be preferred.
The said Tribunal shall not be bound by the principles of the Code of Civil Procedure but shall follow
the principles of natural justice and shall have the same powers as those are vested in a Civil Court.
Against an order or decision of the Cyber Appellate Tribunal, an appeal shall lie to the High Court.
Chapter XI of the said Act talks about various offences and the said offences shall be investigated only
by a Police Officer not below the rank of the Deputy Superintendent of Police. These offences include
tampering with computer source documents, publishing of information which is obscene in electronic
form, breach of confidentiality and privacy, misrepresentation, publishing Digital Signature Certificate
false in certain particulars and publication for fraudulent purposes.
Hacking has been properly defined in Section 66 as, "Whoever with the intent to cause or knowing that
he is likely to cause wrongful loss or damage to the public or any person destroys or deletes or alters
any information residing in a computer resource or diminishes its value or utility or affects it
injuriously by any means, commits hacking." Further for the first time, punishment for hacking as a
cyber crime prescribed in the form of imprisonment upto 3 years or with fine which may extend to Rs.
2,00,000/- or with both. This is a welcome measure as hacking has assumed tremendous importance in
the present day scenario. On previous occasions, the web sites of the Government have been hacked
into but no legal provision within the existing legislation could be invoked to cover "hacking" as a
cyber crime. It shall now be possible to try and punish hackers under section 66 of the IT Act,2000.
The said Act also provides for the constitution of the Cyber Regulations Advisory Committee which
shall advice the government as regards any rules or for any other purpose connected with the said act.
The said Act also has four Schedules which amend the Indian Penal Code, 1860, the Indian Evidence
Act, 1872, The Bankers' Books Evidence Act, 1891, The Reserve Bank of India Act, 1934 to make
them in tune with the provisions of the IT Act.
The said IT Bill was tabled in Parliament in December, 1999 and was referred to the Standing
Committee on Science and Technology, Environment and Forests for examination and report. The
Standing Committee examined the said IT Bill 1999 and proposed some stringent measures to further
strengthen the legal infrastructure of the IT Bill 1999. The most positive aspect of the said report was
that it recommended the insertion of the definition and punishment for "hacking".
Looking from an overall perspective, the Information Technology Act,2000 is a laudable effort by the
Government to create the necessary legal infrastructure for promotion and growth of electronic
commerce. As on date, the judiciary in India is reluctant to accept electronic records and
communications as evidence. Even email has not been defined in the prevailing statutes of India and is
not an accepted legal form of communication as evidence in a court of law as of today. The said IT
Act,2000 indeed is a step forward in that direction also.
From the perspective of the corporate sector, the IT Act 2000 and its provisions contain the following
positive aspects:-
(A) The implications of these provisions for the corporate sector would be that email will now be a
valid and legal form of communication in our country, which can be duly produced and approved in a
court of law. The corporates today thrive on email, not only as the form of communication with entities
outsides the company but also email is used as an indispensable tools for intra company
communication. Till now it has been seen that the corporates in their intra company communications on
email have not been very careful in using the language in such emails. Corporates will have to
understand that they shall need to be more careful while writing emails, whether outside the company
or within as the same with whatever language could be proved in the court of law, sometimes much to
the detriment of the company. Even intra company notes and memos, till now used only for official
purposes, shall also be coming within the ambit of the IT Act and will be admissible as evidence in a
court of law. A possible consequence of the same for a typical wired company would be that any
employee, unhappy with a particular email communication, whether in personal or received in a official
or personal capacity, may make the said email as the foundation for launching a litigation in a court of
law. Further, when a company executive sends an email to another executive in the company with some
defamatory or other related material and copies the same to others, there are possibilities that he may
land in a litigation in a court of law.
(B)Companies shall now be able to carry out electronic commerce using the legal infrastructure
provided by the Act. Till now, the growth of Electronic commerce was impeded in our country
basically because there was no legal infrastructure to regulate commercial transactions online.
( C ) Corporates will now be able to use digital signatures to carry out their transactions online. These
digital signatures have been given legal validity and sanction in the Act.
(D) The Act also throws open the doors for the entry of corporates in the business of being of being
Certifying Authorities for issuing Digital Signatures Certificates. The Act does not make any
distinction between any legal entity for being appointed as a Certifying Authority so long as the norms
stipulated by the government have been followed.
(E) The Act also enables the companies to file any form, application or any other document with any
office, authority, body or agency owned or controlled by the appropriate Government in the electronic
form by means of such electronic form as may be prescribed by the appropriate Government. India is
rapidly moving ahead in the field of electronic governance and it will not be long before governments
start taking applications or issuing licence, permit, sanction or approvals ,by whatever name called,
online . This provision shall be a great leveler as this will enable all kinds of companies to do a lot of
their interaction with different government departments online, thereby saving costs, time and wastage
of precious manpower.
(F) Corporates are mandated by different laws of the country to keep and retain valuable and corporate
information. The IT Act enables companies legally to retain the said information in the electronic form,
if-
(a) the information contained therein remains accessible so as to be usable for a subsequent reference;
(b) the electronic record is retained in the format in which it was originally generated, sent or received
or in a format which can be demonstrated to represent accurately the information originally generated,
sent or received;
(c) the details which will facilitate the identification of the origin, destination, date and time of dispatch
or receipt of such electronic record are available in the electronic record:
(G) The It Act also addresses the important issues of Security which are so critical to the success of
electronic transactions. The Act has also given a legal definition to the concept of secure digital
signatures which would be required to have been passed through a system of a security procedure, as
stipulated by the government at a later date. In the times to come, secure digital signatures shall play a
big role in the New Economy particularly from the perspective of the corporate sector as it will enable
a more secure transaction online.
In today's scenario, information is supreme. Information is stored on their respective computer systems
by the companies apart from maintaining a back up. Under the IT Act,2000, it shall now be possible for
corporates to have a statutory remedy in case if anyone breaks into their computer systems or network
and causes damages or copies data. The remedy provided by the Act is in the form of monetary
damages not exceeding Rs.100,00,000. This penalty of damages apply to any person who, without
permission of the owner or any other person who is in charge of a computer, computer system or
computer network,-
(a) accesses or secures access to such computer, computer system or computer network.
(b) downloads, copies or extracts any data, computer data base or information from such computer,
computer system or computer network including information or data held or stored in any removable
storage medium;
(c) introduces or causes to be introduced any computer contaminant or computer virus into any
computer, computer system or computer network;
(d) damages or causes to be damaged any computer, computer system or computer network, data,
computer data base or any other programmes residing in such computer, computer system or computer
network;
(e) disrupts or causes disruption of any computer, computer system or computer network;
(f) denies or causes the denial of access to any person authorised to access any computer, computer
system or computer network by any means;
(g) provides any assistance to any person to facilitate access to a computer, computer system or
computer network in contravention of the provisions of this Act, rules or regulations made thereunder,
(h) charges the services availed of by a person to the account of another person by tampering with or
manipulating any computer, computer system, or computer network.
(H) Corporates in India can now take a sigh of relief as the IT Act has defined various cyber crimes and
has declared them penal offences punishable with imprisonment and fine. These include hacking and
damage to computer source code. Often corporates face hacking into their systems and information.
Till date, the corporates were in a helpless condition as there was no legal redress to such issues.But the
IT Act changes the scene altogether.
However, despite the overwhelming positive features of the IT Act,2000 for the corporate sector, there
are a couple of issues that concern the corporates in the said Act:-
(1)The said step has come a bit late. With the phenomenon growth of Internet which doubles
approximately every 100 days, the said Act should have been passed long time back.
(2)It may be pertinent to mention that the said Act purports to be applicable to not only the whole of
India but also to any offence or contravention there under committed outside of India by any person.
This provisions in section 1(2) is not clearly and happily drafted. It is not clear as to how and in what
particular manner, the said Act shall apply to any offence or contravention there under committed
outside of India by any person. The enforcement aspect of the IT Act is an area of grave concern.
Numerous difficulties are likely to arise in the enforcement of the said Act as the medium of Internet
has shrunk the size of the world and slowly, national boundaries shall cease to have much meaning in
Cyberspace.
(3)It is also strange that section 1(4) of the said Act excludes numerous things from the applicability of
the IT Act. The Act does not apply to (a) a negotiable instrument as defined in section 13 of the
Negotiable Instruments Act, 1881; (b) a power of attorney as defined in section 1 A of the Powers-of-
Attorney Act, 1882; (c) a trust as defined in section 3 of the Indian Trusts Act, 1882; (d) a will as
defined in clause (h) of section 2 of the Indian Succession Act, 1925 including any other testamentary
disposition by whatever name called; (e) any contract for the sale or conveyance of immovable
property or any interest in such property. The said IT Act already excludes numerous important things.
The Act talks about promoting electronic commerce and it begins by excluding immovable property
from the ambit of electronic commerce- a reasoning which defies logic!
(4)The IT Act, 2000 does not touch at all the issues relating to Domain Names. Even Domain Names
have not been defined and the rights and liabilities of Domain Name owners do not find any mention in
the said law. It may be submitted that Electronic Commerce is based on the system of Domain Names
and excluding such important issues from the ambit of India's First Cyberlaw does not appeal to logic.
(5)The IT Act, 2000 does not also deal at all with the Intellectual Property Rights of Domain Name
owners. Contentious yet very important issues concerning Copyright, Trademark and Patent have been
left untouched in the said law thereby leaving many loopholes in the said law.
(6)The IT Act talks about the use of electronic records and digital signatures in government agencies.
Yet, strangely it further says in section 9, that this does not confer any right upon any person to insist
that the document in questions should be accepted in electronic form. The control of the Government is
apparent, as the Controller of Certifying Authorities has to discharge his functions subject to the
general control and direction of Central Government. The Internet and the phenomenon of electronic
commerce require that minimum hurdles and obstacles need to be put in their way. The Act seeks to
bureaucratize the entire process of controlling electronic commerce. This is likely to result into
consequences of delays and other related problems.
(7)As Cyberlaw is growing, so are the new forms and manifestations of cyber crimes. The offences
defines in the IT Act are by no means exhaustive. However, the drafting of the relevant provisions of
the IT Act make it appear as if the offences detailed in the said IT Act are the only Cyber offences
possible and existing. For example, cyber offences like cybertheft, cyberstalking, cyber harassment and
cyber defamation are not covered under the Act.
(8)The IT Act talks of Adjudicating Officers who shall adjudicate whether any person has committed a
contravention of any provisions of this Act of any rules, regulations, directions or order made there
under. How these Adjudicating Officers will adjudicate the contravention of the Act has not been made
clear or well defined. Further, it has also not been specified as to how the said Adjudicating Officers
shall determine whether any contravention of the Act or any offence has been committed by any person
out side India. Further, what authority would these Adjudicating Officers have viz-a-viz persons out
side India who have committed any cyber offences have not been defined. No definitive procedure for
adjudication by Adjudicating Officers has been exhaustively spelt out by the IT Act. Further the
territorial jurisdiction of the said Adjudicating Officers and also the Cyber Regulations Appellate
Tribunal has not been defined.
(9)Section 55 of the IT Act states that no order of the Central Government appointing any person as the
Presiding Officer of a Cyber Appellate Tribunal shall be called in question in any manner and no Act or
proceeding before a Cyber Appellate Tribunal shall be called in question in any manner on the ground
merely of any defect in the constitution of a Cyber Appellate Tribunal. The said provisions is violative
of the Fundamental Rights of the citizens as are enshrined in Chapter III of the Constitution of India
and the said provision is not expedient and is likely to be struck down by the courts. The Central
Government cannot claim immunity in appointments to Cyber Appellate Tribunal, as the same is
contrary to the spirit of the Constitution of India. Further, it may be submitted that if there is a defect in
the constitution of a Cyber Appellate Tribunal, that goes to the root of the matter and renders all
proceedings and acts of the said Cyber Appellate Tribunal null & void abinitio.
(10)Further the said IT Act talks of any agency of the government intercepting any information
transmitted through any computer resource if the same is necessary in the interest of the sovereignty or
integrity of India, the security of the State, friendly relations with foreign States or public order or for
preventing incitement to the commission of any cognizable offence. This is one provision which is
likely to be misused by future governments to suit their political motives as also for the purpose of
victimization. No standards or provisions have been laid down by the IT Act, which define any
conditions detailed above. The supporters of the cause of individual privacy and freedom see this
provisions as a gross violation of individual freedom and that aforesaid conditions are unreasonable
restrictions, which are not permissible in the context of the rapid growth of Internet.
(11)Further, the said IT Act is likely to cause a conflict of jurisdiction.
(12)Another major gray area is that the draconian powers given to a police officer not below rank of the
Deputy Superintendent of Police under Section 80 of the Act have been left untouched. Nowhere in the
world do be find a parallel such a wide an unrestricted power to given to any officer for the purpose of
investigating and preventing the commission of a cyber crime. After all, the power given by the IT Act
to the said DSP includes the power to " enter any public place and search and arrest without warrant
any person found therein who is reasonably suspected or having committed or of committing or of
being about to commit any offence under this Act." The said power has been given without any
restrictions of any kind whatsoever. It is very much possible that the same is likely to be misused and
abused in the context of Corporate India as companies have public offices which would come within
the ambit of "public place" under Section 80 and companies will not be able to escape potential
harassment from the hands of the DSP . This area of the IT Act can be one of the greatest concerns for
the government, the industry and the people at large.
(13)The biggest concern about the new Indian Cyberlaw relates to its implementation. The said Act
does not lay down parameters for its implementation. Also when Internet penetration in India is
extremely low and government and police officials, in general are not at all, computer savvy, the new
Indian Cyberlaw raises more questions than it answers them. It seems that the Parliament would be
required to amend the IT Act, 2000 to remove the gray areas mentioned above.
All said and done, The Information Technology Act,2000 is a great achievement and a remarkable step
ahead in the right direction. The IT Act is a first step taken by the Government of India towards
promoting the growth of electronic commerce so that Electronic Commerce in India can leap frog to
success. Despite all its failings, it is a first historical step. The other steps have to follow.
Cyber Security Questions and Answers – Cyber Laws and IT laws – 1

1. Which of the following is not a type of cyber crime?
a) Data theft
b) Forgery
c) Damage to data and systems
d) Installing antivirus for protection
Answer: d
Explanation: Cyber crimes is one of the most threatening terms that is an evolving phase. It is said that
major percentage of the World War III will be based on cyber-attacks by cyber armies of different
countries.
2. Cyber-laws are incorporated for punishing all criminals only.

a) True
b) False
Answer: b
Explanation: Cyber-laws were incorporated in our law book not only to punish cyber criminals but to
reduce cyber crimes and tie the hands of citizens from doing illicit digital acts that harm or damage
other’s digital property or identity.
3. Cyber-crime can be categorized into ________ types.

a) 4
b) 3
c) 2
d) 6
Answer: c
Explanation: Cyber crime can be categorized into 2 types. These are peer-to-peer attack and computer
as weapon. In peer-to-peer attack, attackers target the victim users; and in computer as weapon attack
technique, computers are used by attackers for a mass attack such as illegal and banned photo leak, IPR
violation, pornography, cyber terrorism etc.
4. Which of the following is not a type of peer-to-peer cyber-crime?

a) Phishing
b) Injecting Trojans to a target victim
c) MiTM
d) Credit card details leak in deep web
Answer: d
Explanation: Phishing, injecting Trojans and worms to individuals comes under peer-to-peer cyber
crime. Whereas, leakage of credit card data of a large number of people in deep web comes under
computer as weapon cyber-crime.
5. Which of the following is not an example of a computer as weapon cyber-crime?
a) Credit card fraudulent
b) Spying someone using keylogger
c) IPR Violation
d) Pornography
Answer: b
Explanation: DDoS (Distributed Denial of Service), IPR violation, pornography are mass attacks done
using a computer. Spying someone using keylogger is an example of peer-to-peer attack.
6. Which of the following is not done by cyber criminals?

a) Unauthorized account access
b) Mass attack using Trojans as botnets
c) Email spoofing and spamming
d) Report vulnerability in any system
Answer: d
Explanation: Cyber-criminals are involved in activities like accessing online accounts in unauthorized
manner; use Trojans to attack large systems, sending spoofed emails. But cyber-criminals do not report
any bug is found in a system, rather they exploit the bug for their profit.
7. What is the name of the IT law that India is having in the Indian legislature?
a) India’s Technology (IT) Act, 2000
b) India’s Digital Information Technology (DIT) Act, 2000
c) India’s Information Technology (IT) Act, 2000
d) The Technology Act, 2008
Answer: c
Explanation: The Indian legislature thought of adding a chapter that is dedicated to cyber law. This
finally brought India’s Information Technology (IT) Act, 2000 which deals with the different cyber-
crimes and their associated laws.
8. In which year India’s IT Act came into existence?

a) 2000
b) 2001
c) 2002
d) 2003
Answer: a
Explanation: On 17th Oct 2000, the Indian legislature thought of adding a chapter that is dedicated to
cyber law, for which India’s Information Technology (IT) Act, 2000 came into existence.
9. What is the full form of ITA-2000?

a) Information Tech Act -2000
b) Indian Technology Act -2000
c) International Technology Act -2000
d) Information Technology Act -2000
Answer: d
Explanation: Information Technology Act -2000 (ITA-2000), came into existence on 17th Oct 2000,
that is dedicated to cyber-crime and e-commerce law in India.
10. The Information Technology Act -2000 bill was passed by K. R. Narayanan.
a) True
b) False
Answer: b
Explanation: The bill was passed & signed by Dr. K. R. Narayanan on 9th May, in the year 2000. The
bill got finalised by head officials along with the Minister of Information Technology, Dr. Pramod
Mahajan.
11. Under which section of IT Act, stealing any digital asset or information is written a cyber-crime.
a) 65
b) 65-D
c) 67
d) 70
Answer: a
Explanation: When a cyber-criminal steals any computer documents, assets or any software’s source
code from any organization, individual, or from any other means then the cyber crime falls under
section 65 of IT Act, 2000.
12. What is the punishment in India for stealing computer documents, assets or any software’s source
code from any organization, individual, or from any other means?
a) 6 months of imprisonment and a fine of Rs. 50,000
b) 1 year of imprisonment and a fine of Rs. 100,000
c) 2 years of imprisonment and a fine of Rs. 250,000
d) 3 years of imprisonment and a fine of Rs. 500,000
Answer: d
Explanation: The punishment in India for stealing computer documents, assets or any software’s source
code from any organization, individual, or from any other means is 3 years of imprisonment and a fine
of Rs. 500,000.
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13. What is the updated version of the IT Act, 2000?

a) IT Act, 2007
b) Advanced IT Act, 2007
c) IT Act, 2008
d) Advanced IT Act, 2008
Answer: c
Explanation: In the year 2008, the IT Act, 2000 was updated and came up with a much broader and
precise law on different computer-related crimes and cyber offenses.
14. In which year the Indian IT Act, 2000 got updated?

a) 2006
b) 2008
c) 2010
d) 2012
Answer: b
Explanation: In the year 2008, the IT Act, 2000 was updated and came up with a much broader and
precise law on different computer-related crimes and cyber offenses.
15. What type of cyber-crime, its laws and punishments does section 66 of the Indian IT Act holds?
a) Cracking or illegally hack into any system
b) Putting antivirus into the victim
c) Stealing data
d) Stealing hardware components
Answer: a
Explanation: Under section 66 of IT Act, 2000 which later came up with a much broader and precise
law says that cracking or illegally hacking into any victim’s computer is a crime. It covers a wide range
of cyber-crimes under this section of the IT Act.
16. Accessing computer without prior authorization is a cyber-crimes that come under _______
a) Section 65
b) Section 66
c) Section 68
d) Section 70
Answer: b
law says that without prior authorization or permission, if any individual access any computer system,
it is a cyber-crime.
17. Cracking digital identity of any individual or doing identity theft, comes under __________ of IT
Act.
a) Section 65
b) Section 66
c) Section 68
d) Section 70
Answer: b
law (as IT Act, 2008) says that if any individual steals the identity or misuse any victim’s identity for
his/her own profit, it is a cyber-crime.
18. Accessing Wi-Fi dishonestly is a cyber-crime.

a) True
b) False
Answer: a
law (as IT Act, 2008) says that if any individual access anyone’s Wi-Fi network without the permission
of the owner or for doing a malicious activity, it is a cyber-crime.
19. Download copy, extract data from an open system done fraudulently is treated as _________
a) cyber-warfare
b) cyber-security act
c) data-backup
d) cyber-crime
Answer: d
Explanation: Download copy, extract data from an open system done fraudulently is treated as
according to section 66 of the Indian IT Act.
20. Any cyber-crime that comes under section 66 of IT Act, the accused person gets fined of around Rs
________
a) 2 lacs
b) 3 lacs
c) 4 lacs
d) 5 lacs
Answer: d
Explanation: Any cyber-crime that comes under section 66 of the Indian IT Act, the person accused of
such cyber-crime gets fined of around five lacs rupees.
21. How many years of imprisonment can an accused person face, if he/she comes under any cyber-
crime listed in section 66 of the Indian IT Act, 2000?
a) 1 year
b) 2 years
c) 3 years
d) 4 years
Answer: c
Explanation: Any cyber-crime that comes under section 66 of the Indian IT Act, the person accused of
such cyber-crime gets fined of around five lacs rupees and 3 years of imprisonment.
22. Any digital content which any individual creates and is not acceptable to the society, it’s a cyber-
crime that comes under _________ of IT Act.
a) Section 66
b) Section 67
c) Section 68
d) Section 69
Answer: b
Explanation: Any digital content which is either lascivious is not acceptable by the society or viewers
or that digital item corrupts the minds of the audience, then the creator of such contents falls under the
cyber-crime of section 67 of the Indian IT Act.
23. IT Act 2008 make cyber-crime details more precise where it mentioned if anyone publishes
sexually explicit digital content then under ___________ of IT Act, 2008 he/she has to pay a legitimate
amount of fine.
a) section 67-A
b) section 67-B
c) section 67-C
d) section 67-D
Answer: a
Explanation: IT Act 2008 make cyber-crime details more precise where it mentioned if anyone
publishes sexually explicit digital content then under section 67 – A he/she has to pay a legitimate
amount of fine.
24. If anyone publishes sexually explicit type digital content, it will cost that person imprisonment of
_________ years.
a) 2
b) 3
c) 4
d) 5
Answer: d
Explanation: IT Act 2008 make cyber-crime details more precise where it mentioned if anyone
publishes sexually explicit digital content then under section 67 – A he/she has to pay a legitimate
amount of fine and imprisonment of five years.
25. Using spy cameras in malls and shops to capture private parts of any person comes under _______
of IT Act, 2008.
a) Section 66
b) Section 67
c) Section 68
d) Section 69
Answer: b
Explanation: Using of spy cameras in malls and shops to capture private parts of any person, without
the concern of that victim, then it comes under section 67 of IT Act, 2008 as a punishable offense.
26. Using spy cameras in malls and shops to capture private parts of any person comes under section 67
of IT Act, 2008 and is punished with a fine of Rs. 5 Lacs.
a) True
b) False
Answer: a
the concern of that victim, then it comes under section 67 of IT Act, 2008 where the person doing such
crime is punished with a fine of Rs. 5 Lacs.
27. Using of spy cameras in malls and shops to capture private parts of any person comes under section
67 of IT Act, 2008 and is punished with imprisonment of ___________
a) 2 years
b) 3 years
c) 4 years
d) 5 years
Answer: b
the concern of that victim, then it comes under section 67 of IT Act, 2008 where the person doing such
crime is punished with imprisonment of 3 years.
28. Misuse of digital signatures for fraudulent purposes comes under __________ of IT Act.
a) section 65
b) section 66
c) section 71
d) section 72
Answer: d
Explanation: Cyber-criminals and black hat hackers do one common form of cyber-crime that is a
misuse of digital signatures. The law for this fraudulent act comes under section 72 of the Indian IT
Act.
29. Sending offensive message to someone comes under _____________ of the Indian IT Act ______
a) section 66-A, 2000
b) section 66-B, 2008
c) section 67, 2000
d) section 66-A, 2008
Answer: d
Explanation: Sending an offensive message, emails o any digital content through an electronic medium
to your recipient is a punishable offense that comes under section 66 – A of the Indian IT Act, 2008.
30. Stealing of digital files comes under __________ of the Indian IT Act.
a) section 66-A
b) section 66-B
c) section 66-C
d) section 66-D
Answer: c
Explanation: Stealing of digital files, e-documents from any system or cloud or electronic device is a
punishable offense that comes under section 66 – C of the Indian IT Act.
31. Section 79 of the Indian IT Act declares that any 3rd party information or personal data leakage in
corporate firms or organizations will be a punishable offense.
a) True
b) False
Answer: a
Explanation: Section 79 of the Indian IT Act covers some of the corporate and business laws
circulating technologies and cyberspace; declares that any 3rd party information or personal data
leakage in corporate firms or organizations will be a punishable offense.
32. Which of the following attach is not used by LC4 to recover Windows password?
a) Brute-force attack
b) Dictionary attack
c) MiTM attack
d) Hybrid attacks
Answer: c
Explanation: LC4 is a password auditing and recovery tool; used for testing strength of a password and
also helps in recovering lost Microsoft Windows passwords using a hybrid attack, brute-force attack as
well as using a dictionary attack.
33. ____________is the world’s most popular vulnerability scanner used in companies for checking
vulnerabilities in the network.
a) Wireshark
b) Nessus
c) Snort
d) WebInspect
Answer: b
Explanation: Nessus is a popular and proprietary network vulnerability scanning tool developed by
Tenable Network Security. It helps in easily identifying vulnerabilities and fix them, which includes
missing patches and software flaws.
34. _____________ is a tool which can detect registry issues in an operating system.
a) Network Stumbler
b) Ettercap
c) Maltego
d) LANguard Network Security Scanner
Answer: d
Explanation: LANguard Network Security Scanner helps in monitoring networks by scanning
connected machines to provide information for every node. It can also be used for identifying registry
issues.
35. Network Stumbler is a Windows Wi-Fi monitoring tool.

a) True
b) False
Answer: a
Explanation: Network Stumbler is a popular tool that helps in detecting WLANs and helps hackers in
finding non-broadcasting wireless networks. It is popularly used as Wi-Fi scanning and monitoring tool
for Windows.
36. ToneLoc is abbreviated as __________

a) Tone Locking
b) Tone Locator
c) Tone Locker
d) Tune Locator
Answer: c
Explanation: ToneLoc is a popular and primitive tool written for MS-DOS users. It is basically used by
malicious attackers to guess user accounts, finding entry points in modems and locating modems
connected in the network.
37. __________ is a debugger and exploration tool.

a) Netdog
b) Netcat
c) Tcpdump
d) BackTrack
Answer: b
Explanation: Netcat is an easy Unix utility that helps in reading and writing data across network
connections, using TCP or UDP protocol. It is popularly used as a debugger and exploration tool that is
found free for Windows and Mac OS also.
38. __________ is a popular command-line packet analyser.

a) Wireshark
b) Snort
c) Metasploit
d) Tcpdump
Answer: d
Explanation: Tcpdump is a popular command-line network packet analyzer. It allows its user in
displaying TCP / IP as well as other data packets being transmitted or received over the computer
network.
39. ______________ is competent to restore corrupted Exchange Server Database files as well as
recovering unapproachable mails in mailboxes.
a) Outlook
b) Nessus
c) Mailbox Exchange Recovery
d) Mail Exchange Recovery toolkit
Answer: c
Explanation: Mailbox Exchange Recovery is competent to restore corrupted Exchange Server Database
files as well as recovering unapproachable mails in mailboxes. This tool is popularly used by ethical
hackers and cyber-forensics investigators in recovering emails, calendars, attachments, contacts from
inaccessible mail-servers.
40. ________________ helps in protecting businesses against data breaches that may make threats to
cloud.
a) Centrify
b) Mailbox Exchange Recovery
c) Nessus
d) Dashline
Answer: a
Explanation: Centrify helps in protecting businesses against data breaches that may make threats to the
cloud. This is done by securing Centrify users by providing internal, external and privileged users.
41. __________ is a popular corporate security tool that is used to detect the attack on email with cloud
only services.
a) Cain and Abel
b) Proofpoint
c) Angry IP Scanner
d) Ettercap
Answer: b
Explanation: Proofpoint is a popular corporate security tool that is used to detect an attack on email
with cloud-only services. It help firms detect attack vectors and loopholes in different security systems
through which attackers may gain access.
42. _____________ helps in protecting corporate data, communications and other assets.
a) Snort
b) CipherCloud
c) Burp Suit
d) Wireshark
Answer: b
Explanation: CipherCloud helps in protecting corporate data, different communications as well as other
assets. This includes anti-virus scanning facility, encryption & traffic monitoring. In addition, it
provides mobile security support also.
43. _________ framework made cracking of vulnerabilities easy like point and click.
a) .Net
b) Metasploit
c) Zeus
d) Ettercap
Answer: b
Explanation: In the year 2003, the Metasploit framework was released which made finding and
cracking of vulnerabilities easy and is used by both white as well as black hat hackers.
44. Nmap is abbreviated as Network Mapper.

a) True
b) False
Answer: a
Explanation: Network Mapper (Nmap) is a popular open-source tool used for discovering network as
well as security auditing. It can be used for either a single host network or large networks.
45. __________ is a popular tool used for discovering networks as well as in security auditing.
a) Ettercap
b) Metasploit
c) Nmap
d) Burp Suit
Answer: c
well as security auditing. It can be used for either a single host network or large networks.
46. Which of this Nmap do not check?

a) services different hosts are offering
b) on what OS they are running
c) what kind of firewall is in use
d) what type of antivirus is in use
Answer: d
well as security auditing. It usually checks for different services used by the host, what operating
system it is running and the type of firewall it is using.
47. Which of the following deals with network intrusion detection and real-time traffic analysis?
a) John the Ripper
b) L0phtCrack
c) Snort
d) Nessus
Answer: c
Explanation: Snort is a network intrusion detecting application that deals with real-time traffic analysis.
As the rules are set and kept updated, they help in matching patterns against known patterns and protect
your network.
48. Wireshark is a ____________ tool.

a) network protocol analysis
b) network connection security
c) connection analysis
d) defending malicious packet-filtering
Answer: a
Explanation: Wireshark is popular standardized network protocol analysis tools that allow in-depth
check and analysis of packets from different protocols used by the system.
49. Which of the below-mentioned tool is used for Wi-Fi hacking?
a) Wireshark
b) Nessus
c) Aircrack-ng
d) Snort
Answer: c
Explanation: Weak wireless encryption protocols get easily cracked using Aircrack WPA and Aircrack
WEP attacks that comes with Aircrack-ng tool. Its packet sniffing feature keeps track of all its traffic
without making any attack.
50. Aircrack-ng is used for ____________

a) Firewall bypassing
b) Wi-Fi attacks
c) Packet filtering
d) System password cracking
Answer: b
Explanation: Weak wireless encryption protocols get easily cracked using Aircrack WPA and Aircrack
WEP. Its packet sniffing feature keeps track of all its traffic without making any attack.
51. _____________ is a popular IP address and port scanner.

a) Cain and Abel
b) Snort
c) Angry IP Scanner
d) Ettercap
Answer: c
Explanation: Angry IP scanner is a light-weight, cross-platform IP and port scanning tool that scans a
range of IP. It uses the concept of multithreading for making fast efficient scanning
.
52. _______________ is a popular tool used for network analysis in multiprotocol diverse network.
a) Snort
b) SuperScan
c) Burp Suit
d) EtterPeak
Answer: d
Explanation: EtterPeak is a network analysis tool that can be used for multiprotocol
heterogeneous networking architecture. It can help in sniffing packets of network traffic.
53. ____________ scans TCP ports and resolves different hostnames.

a) SuperScan
b) Snort
c) Ettercap
d) QualysGuard
Answer: a
Explanation: SuperScan has a very nice user-friendly interface and it is used for scanning TCP ports as
well as resolve hostnames. It is popularly used for scanning ports from a given range of IP.
54. ___________ is a web application assessment security tool.

a) LC4
b) WebInspect
c) Ettercap
d) QualysGuard
Answer: b
Explanation: WebInspect is a popular web application security tool used for identifying known
vulnerabilities residing in web-application layer. It also helps in penetration testing of web servers.
55. Which of the following attack-based checks WebInspect cannot do?

a) cross-site scripting
b) directory traversal
c) parameter injection
d) injecting shell code
Answer: d
Explanation: WebInspect can check whether a web server is properly configured or not by attempting
for common attacks such as Cross-site scripting, directory traversal, and parameter injection. But it
cannot inject malicious shell code in the server.
56. ________ is a password recovery and auditing tool.

a) LC3
b) LC4
c) Network Stumbler
d) Maltego
Answer: b
Explanation: LC4 which was previously known as L0phtCrack is a password auditing and recovery
tool; used for testing strength of a password and also helps in recovering lost Microsoft Windows
passwords.
57. L0phtCrack is formerly known as LC3.

a) True
b) False
Answer: b
Explanation: L0phtCrack is now commonly known as LC4 is a password auditing and recovery tool;
used for testing strength of a password and also helps in recovering lost Microsoft Windows passwords.
Internet Law
Technological developments since World War II have led to the convergence of computing and
telecommunications. The traditional postal, telephone, and telegraph services developed over the past
century are being both supplemented and replaced by the continuing emergence of new
communications services. Following these developments, some concerns have been expressed
regarding the impact of the new information technologies on existing economic, social and cultural
structures. The rapid development of the Internet and the growth in the types and number of services is
transforming the way we live and work as employees and citizens: for example, the Internet brings
important changes to the way goods and services are brought and sold.
The Internet has been compared with the old Wild West where laws were rarely invoked. But this
analogy is not quite correct. There is a consensus that activity on the Internet cannot be exempted from
the basic legal principles that are applied elsewhere:
1. The Internet is not an anarchic area where society's rules do not apply.
2. The ability of governments and public authorities to restrict the rights of individuals and
monitor potentially unlawful behavior should be no greater on the Internet than it is elsewhere.
DEVELOPMENTS
A first concern is that the Internet appears to be a new forum for criminal behavior online. Initially, the
main focus of attention for policy-makers was the potential of the Internet both as a forum for criminal
or undesirable behavior (such as the distribution of child pornography) and as a "safe" means of
communication to facilitate criminal activities off-line. A problem for these new criminal activities is
the difficulty of detecting the fact that illegal activity has taken place and then identifying the liable
person. Who is responsible for placing a particular piece of child pornography on the Internet? Who has
failed to declare for taxation in respect of services offered online? Who has downloaded a particular
piece of copyright-protected material? Gradually, it has become apparent that many other issues are
involved, like online commercial activities, protection of intellectual property rights etc.
A second concern was related to the increasing trans-border data flow on the Internet. The transmission
of data across national borders in electronic form was one of the earliest manifestations of the new
forms of communications and the potential impact of transborder data flows became an important issue.
Trans-border data flows cover all kinds of electronic transmission of information across political and
cultural boundaries for processing or storing in computer files. Today, the increasing uses of
telecommunications channels and the merger of previously disparate telecommunications and computer
technologies have rendered the transfer of data from one country to another commonplace and have
created an emerging international information economy.
The legal environment of these international flows has received more and more attention because of
their significance for economic growth and international trade. From an economic point of view, an
efficient international information flow, together with international trade and investment, permit the
optimal utilization of global resources and promote the exchange of data necessary for further
innovation.
For the International Chamber of Commerce, there is a need for an unrestricted flow of business
information because of the vital importance of the efficient exchange of information in the
development and growth of modern international trade and production. There is a right of a business to
communicate freely within and outside its corporate structure; and there is a right of business to access
and utilize national and international communications facilities on a fair, competitive and non-
discriminatory basis. The legal framework must constitute a tool for developing free international
information flows.
However, according to the Chamber of Commerce, the legal framework can also create potential
barriers to the free flow of information. The discrepancies between national regulations can inhibit the
growth of international data flows. Multinational enterprises and US government have complained
about what they call neo-protectionist measures taken by several countries. These barriers have been
erected for different reasons, some economic in nature, others based on conceptions of national
sovereignty interests, national security, competitiveness and productivity regulations, employment,
computer-related-crime, taxation, intellectual property etc. The diversity of national regulations create a
barrier to international flows of information: the legal requirements for various areas are deeply
different and can constitute a source of economic and organizational problems for the companies which
develop international business activities. Different national provisions could even lead to restriction or
prohibition of international flow of information.
Therefore international activities for the development of legal instruments by international

organizations started in the seventies. Intense International efforts to reduce the national discrepancies
and to harmonize regulations in respect of these issues have been developed in international
organizations like the Council of Europe, the OECD, the EU, the United Nations etc. But it was clear
that--in this international environment--it was not only necessary to promote a free transborder data
flow; it is also necessary to take into account other opposite needs. Legal issues related to use of new
information technology that might lead to restrictions of transborder data flow have been identified.
Privacy and data protection, intellectual property, trade documentation, liability of ISP, security of
information etc. have been subject of regulation at international level. The need for additional
legislation or regulation in these fields has been examined by national and international authorities.
SOME OF THE LEGAL ISSUES RELATED TO THE INTERNET THAT WE USE

EVERYDAY
The Internet is a global, almost instantaneous medium of communication and exchange propelling
economies and impacting societies around the world. It is a "network of networks" linking businesses,
government, homes, and institutions to a wide range of interactive services, from educational and
cultural products to social services, databanks, computers, electronic commerce, banking, business
services etc.
The internet is not lawless. Law has always applied to the Internet, but new questions arise about how
that law will be applied--and it is not always with the same predictability or certainty as is found with
more traditional topics.
What is the organization and governance of the internet? How does the internet work? Internet
networking is based on information being broken down into smaller pieces, or packets, that is
transmitted to its destination by routers and servers, dependent on a type of address system known as
the TCP/IP protocol (Transmission Control Protocol/Internet Protocol). To work as a network, each
user linking to it must have a direct identifier (an IP address) recognizable by a domain name system
server and must send messages or carry data which are recognizable by the network.
What is absent from the list of players in the fields of technical growth and governance is any
governmental institution. The architecture of the internet--which includes ease of access, competition,
interactivity, trans-nationality and almost boundless expandability--resists control by public authorities.
There are, of course, relationships between governmental organizations and private organizations
operating on the internet. But national and international governmental establishments have hesitated to
supplant the system of management which has grown up in the private sector; consequently a structure
of private non-governmental organizations have emerged which perform a public function. Example: In
the USA, the management of the naming system is controlled by the Internet Corporation Assigned
Names and Numbers (ICANN). ICANN is a non-profit corporation formed to assume responsibility for
the IP space allocation, root server system management functions etc. It has a relationship with the US
Department of Commerce, the European Commission and the World Intellectual Property Organization
(WIPO) - which is a subgroup of the United Nations. For example, WIPO conducted a study of the
relationship between domain names and intellectual property and made recommendations to ICANN.
For domain names disputes: ICANN rules now allow the complainant to select the dispute resolution
provider who will adjudicate the claim from among a list approved by ICANN, thereby reducing the
dominance of US law through the choice, for example, of the WIPO Arbitration and Mediation Center.
But private organizations performing a public function--or not--are the most important actors on the
Internet at this moment.
WHICH KINDS OF LAW APPLY TO THE INTERNET
Does Internet law exist as a new legal discipline? The Internet is a complex and multinational
environment where traditional concepts of regulation may not be easily applicable or enforceable.
Special problems are created because of the now-familiar features such as disembodying in time and
space of actor and action, the amount of traffic, and the universality of the traffic. The consequent legal
difficulties are often evidential and procedural but there is no distinct new international jurisdiction
called Internetcourt!
1. There is no argument that supports the immunization of internet activities from territorial
regulation. In substance, there is applicable law, even if it was rarely designed with the internet
in mind. As a result, there is a hotchpotch rather than a codified set of rules.
2. But it is not necessary to treat the Internet as a source of new legal issues that create a new legal
discipline called "internet law": the internet is a new medium in which traditional legal
principles are analyzed in new contexts. There is no "internet law" as such, and no such
specially designed law is required.
But to set one's face entirely against cyberlaw is to ignore the socially transformative nature of the
internet. New relationships and transactions can be created, and the modalities by which they are
secured can also be new. The way is to progress through the adaptation of existing law, as augmented
by techniques of governance. In this way, it becomes possible to talk of a cyberlaw / computer law--the
legal answers to issues that arise within cyberspace--so long as it is realized that many of the answers
are not unique to cyberspace and may not require the passage of new laws but adaptation of existing
law / case law. Examples include intellectual property and theft. But there must be innovation since the
"prospect of a vast array of new services" is looming. Some legal innovation will respond to the
features of the internet outlined above: electronic commerce, computer crime viruses, hacking
computer systems etc.
EMERGENCE OF SOFT-LAW AND SELF-REGULATION
The very design of Internet technology creates a potentially infinite communications complex which
cannot readily be bounded by one government or even several acting in concert. The Internet is too
widespread to be easily dominated by any single government. It is a complex and multi-national
environment where traditional concepts of regulation may not be easily applicable or enforceable.
Nations must abjure their traditional monopolization of the policing and regulatory functions. Rules
and rule-making do exist, but the identities of the rulemakers and the instruments used to establish rules
do not conform to classic patterns of regulations. As well as direct legal responses by national or
international sovereigns, the new legal environment of the Internet is "a complex mix of state, business,
technical and citizens' forces". There is an activation of more varied levels of power at second hand: in
this way, laws, regulations and standards affect the development of the Internet. This is also true for
self-regulatory solutions introduced for the availability of certain types of content on the Internet.
These new instruments--soft law self-regulation--establishing rules have the following advantages:
1. They have the advantage of diminishing governmental intrusion and the threat of state
censorship and allow for the commercial development of the Internet as quickly as possible.
2. Governance in which the Internet industry and users are involved and committed allows for
flexibility in terms of future change of an infrastructure not yet fully developed.
3. They provide for cheap and quick remedies especially dealing with multinational issues. Legal
process is expensive, remote and complex, and regulation affords choices often more subtle
than the instruments of law.
4. They can encourage the empowerment of the consumer: the filtering system--rather than
blocking--is sensitive to the precise needs of the user.
5. No control in the hands of either technocratic or commercial elites who would otherwise
dominate Internet decision-making.
MAINTAINING ORDER AND LAW ON THE INTERNET
The Internet has engendered harmful behaviors in three broad ways:
1. It has provided a vehicle for the further facilitation of existing harmful activities. It facilitates
the commission of "traditional" criminal activities. For example, criminals are known to be
using e-mail to arrange their deals or to communicate regarding their undesirable practices.
2. It has generated new opportunities for harmful activities that are currently recognized by
existing criminal or civil law: new forms of obscenity through computer-generated images
(pseudo-images), various types of computer fraud etc.
3. The accentuation of temporal and spatial distancing has led to new forms of harmful activities
like the unauthorized appropriation of intellectual property such as software tools and music
products.
Each type of cyber-behaviour requires a different strategic response. This observation is based upon the
following elements:
1. The increase in the scope of Internet use and the number of users means that each type of harm
varies in terms of opportunities to offend. For example, opportunities for committing
cyberfrauds have recently increased with the development of electronic commerce.
2. Social norms with regard to the harmful behavior vary from one type of behavior to another.
Some forms are viewed as minor harms, while others are seen as more dangerous.
(Criminal/civil wrong: alternative strategies for the victims to access the public criminal justice
model.)
3. Each type of cybercrime is subject to distinct bodies of law, and legal definitions can vary
across jurisdictions. Definition of obcenity causes problems for enforcement within and across
borders.
Visibility of the harmful behavior is also a problem: it is very difficult to collect reliable data to
estimate the extent of cybercrime, especially with regard to hacking and commercial activities.
1. Identifying the victims: there is some confusion over who the victims are and how they are
being victimized. Victims can vary from individuals, to social or corporate groups. In cases
such as cyberstalking or theft of cybercash, the victimization is directed towards the individual.
In cases of cyberpiracy or terrorism, the victimization is more indirect.
2. Under- and partial reporting of offences: for very different reasons, victims are reluctant to
admit that they have been the victim of an attack . At a personal level, this could arise because
of individual embarrassment or ignorance. At a corporate level, it might be fear of the negative
commercial impact of adverse publicity. It is easier to claim the losses through insurance or to
pass on the costs directly to their customers.
3. Who are cyber offenders? Are they atypical in terms of traditional expectations? Understanding
the offender: white collar crime, middle class, no criminal records, often possess expert
knowledge etc.
ORDER AND LAW ON THE INTERNET

For the policing of the Internet to achieve and maintain order, a distinction must be made between
interest groups that seek to promote values, bodies which seek to create rules and laws, and bodies
which seek to enforce them.
VALUES AND POINTS OF VIEW
Interest groups draw their mandate from their support of a range of specific moral or political issues.
(They promote their values and points-of-view.) Such interest groups range from organizations like
Cyber-Rights and Cyber-Liberties, to groupings as the Internet Service Providers Association which
actively seeks to promote the interests of ISPs in the UK. This category also includes the various
pressure groups which represent specific concerns and who lobby in order to further their cause or
protect the interests of their members.
CREATING RULES AND LAW
The bodies which seek to create rules and law include policy-making groups and legislators at both
national and international levels in the case of the OECD and the European Union. Their mandate is
derived, directly or indirectly, from the formal democratic process. The "regulators" tend to depict the
problem of cybercrimes as being an overall lack of effective regulation: they demand changes in law to
empower and strengthen the existing powers of police and other regulatory organizations.
ENFORCING NORMS
There are various organizations which are actively involved in the policing of cyberspace and which
exist to enforce the norms of the former groups through various management strategies that effect a
policing function. There are four main levels where policing activities take place within cyberspace:
1. First Level: Internet users and Internet user groups.

These are the largest group of individuals to be involved in the policing of the Internet. User
groups have formed around specific issues to police websites and individual behavior that
offend them. They are transnational: thry have members in different countries and they operate
in different countries. But they are self-appointed and do not possess a broad public mandate or
a statutory basis. They form a spectrum of actions which range from the creation of complaint
hotlines to the formation of bodies of individuals who, on a voluntary basis, actively police the
Internet to varying degrees. Examples include policing of pornography on the Internet: Adult
Sites Against Child Pornography (ASACP); Cyber-Angels that activily promote, preserve and
protect netiquette, the collection of common rules of polite conduct that govern the use of the
Internet. They lack any formal accountability for their actions.
2. Second Level: Internet Service Providers (ISPs).
The ISPs have a special status: they are physically located in a particular jurisdiction but they
have to function internationally. Do they have the possibility of controlling some of the
activities that are taking place on their servers? The general rule adopted across many
jurisdictions is that (civil) liability tends to arise when an ISP fails to remove offensive material,
provided it has been brought to their attention following a complaint (eg, child pornography).
The ISP tend to treat fairly carefully and be responsive to police requests for cooperation. In the
UK, The Internet Watch Foundation has become the quasi-public face of Internet regulation.
But the IWF has the status of a private organization that has a very public function: as such, it
lacks the structures of accountability that are associated with organizations that have a public
function.
3. Third level: State-funded Non-public police organizations.
The third level of policing involves state agencies: these bodies are not perceived as "police"
and are not called police. Some governments such as those of China, Korea, etc. have actively
sought to control their citizens's use of the Internet: either directly controlling Internet traffic
coming into their countries by only allowing government-controlled Internet service providers;
or, by requiring users to register with a governmental monitoring organization. Other
governments (France/Germany) have set up formal regulatory agencies such as the Internet
Content Task Forces. A great number of state-funded non-public police organizations draw
upon the mandate of government to be involved in policing the Internet.
4. Fourth level: State-funded public police organizations. Their status allows them to draw
upon the authority of the government's mandate. It is the state funded police who, if the
victimization is serious enough, will engage the criminal justice process. They are mostly
located within the boundaries of nation states, but they are also joined by a tier of transnational
policing organizations such as Interpol (worldwide) or Europol (EU specific).
The information above shows that there exists a pluralistic structure which currently polices the
Internet and maintains order under the shadow of law, but enforces rules and laws where required. This
structure combines elements of both public and private models of policing.
However, a number of questions arise regarding their future: it is likely that the incidence of
cybercrime will continue to increase in proportion to the number of users. For example, during two
years (96-98) the National Computing Center found that the reporting of computer-related thefts rose
by 60 per cent. The annual increase will continue with the expansion of many new innovative retail
practices that fall under the banner of e-commerce. This expansion suggests that the demand placed
upon the state-funded police organizations will also increase where the other ways of policing fail to
deal with criminal behaviors. So the question is whether or not this structure will endure, or whether the
public policing function will be expanded to include the Internet. And it seems to be that this outcome
will be inevitable.
A next step is the settlement of disputes on the Internet: jurisdiction and choice of law in a borderless
electronic environment. The legal concept of jurisdiction is the basis for the legitimate exercise of legal
authority. Traditional rules are based on geographic and political borders. A country's laws are
enforceable within its territorial limits. For a national or state government to possess the power to apply
its laws in a particular case, the judicial branch of that government must have jurisdiction over the
subject matter of the dispute, and the defendant in the case: this is known as personal jurisdiction. A
court that lacks jurisdiction over the subject matter cannot make an enforceable ruling on the merits of
the case, and a court that lacks jurisdiction over the defendant cannot make a ruling that is enforceable
against that defendant.
Legal systems vary around the world. Uniform domestic laws may be promoted through cooperative
and consultative international groups, such as the United Nations. However, there is no overarching
international court or legal systems to resolve a dispute about tort/contracts between persons from
different countries. Therefore, jurisdiction, which means whether a court has the authority to hear the
case, is an essential part of our legal review: the Internet knows no physical borders and laws of
countries are not uniform, so which court can hear a case is a question of utmost importance.
The trans-jurisdictional nature of cybercrimes creates a problem for the enforcement of law. Decisions
become complicated where different jurisdictions cover the location of the offence committed, the
offender, victim, and impact of the offence. It leads to forum shopping: the prosecutors seek a site
where they feel a conviction would be best secured. You could choose the US or UK because of the
greater likelihood of conviction when it is easier to gain a conviction in one of those countries.
EXAMPLE: WHICH COURT?
Mercedes, the German corporation and maker of the famous cars, sues Mercedes Dot.Com Inc., a
Canadian corporation that provided an online news service, for the latter's registration of Internet
domain names using "Mercedes". The suit is brought in Germany and the Canadian company argues
that the German court does not have personal jurisdiction over it.
The court could use the principle of substantial connection: the exercise of jurisdiction is determined by
examining the level of interactivity and commercial nature of the exchange of information that occurs
on the website. The Court must therefore examine whether the Dot.Com is conducting electronic
commerce with German residents to establish substantial connection of the activities with Germany.
The Court would consider several factors like: Has Dot.Com contracted with a lot of individuals and
with Internet access providers in Germany? What is the intended object of these transactions? Does the
downloading of the electronic messages form the basis of this suit in Germany?
If the purpose of the activities is not simply advertising--if contracts have been concluded with services
providers, and/or the company has sold passwords to a lot of subscribers--the court will conclude that
there is a substantial connection with Germany and, consequently, the court of Germany will have
personal jurisdiction over the case. If this substantial connection is not established, then the German
Court has no jurisdiction over the case. The Canadian Court has.
The EU Directive on E-commerce has clarified the situation within the European Union: the national
law of the country where the service provider has his/her establishment has jurisdiction on the case.
THE TORT OF DEFAMATION ON THE INTERNET
Liability on the ground of defamation: defamation is a publication of a false statement injurious to the
reputation of another. Statements as used in the laws on defamation have been defined widely to
include words, visual images, gestures, and any other method of signifying meaning. The plaintiff only
needs to prove:
 There is a false statement about him/her;

 that the statement is published;
 intentionally or with reckless disregard for the truth; and
 causes damages to his/her reputation.
Defamation is of particular significance to publications made via the Internet. The Internet comprises a
worldwide web, so issues involving multi-state defamation arise, and it may not be clear which court
has jurisdiction and which law applies.
Principles developed for newspapers or television apply on the Internet. The internet ought to be
considered no differently from extant principles that have been developed for newspapers or television.
Information placed by a web-site provider for access over the Internet is sent by that person to others
(potentially millions of others, simultaneously in many different jurisdictions) just as a fax or letter or
TV transmission is sent by its author. However, the Internet does provide unique factual circumstances
in which multi-state defamation may be committed in that it has the ability of making information
available simultaneously in every jurisdiction in the world.
There are numerous opportunities for defamation on the Internet: many long-time users of bulletin
boards and chatrooms see the Internet as a place where one can take on any identity and say almost
anything. Examples include user messages sent to all members of a particular Internet group or posted
on a web site, defamatory material contained in a database, posting on a bulletin board or in a chat
session, or specific e-mail messages sent and forwarded to one or more recipients.
WHICH COURT HAS JURISDICTION?
Peter has his domicile in England. He was employed at a bureau de change, Chequepoint International,
which is a French enterprise operating a number of banks in France and elsewhere in Europe. Peter
claimed damages for harm caused by the publication of a defamatory message on the site Dirty
Money.com. This message refers to an alleged investigation by French police into the laundering of
money obtained from the sale of drugs by, in particular, the Paris bureau de change in which Peter was
temporarily employed for three months and to whom reference by name was made in the article. In
France, the defendants published a retraction and apology in respect of Peter and Chequepoint
International (in French). Peter replied: the action, subsequent to amendments to the statement of claim,
related solely to publication in England and Wales, not France. Dirty Money seeks to strike out the
claim as fundamentally there was no jurisdiction since no harmful event had occurred in England. Dirty
money claimed that the French courts had jurisdiction in the dispute.
WHERE THE HARMFUL EVENT OCCURS:

The Brussels Convention in Europe applies in the European Union for determining the jurisdiction of
Member States on specific cases. The Convention stipulates that the place where the harmful event
occurs has jurisdiction on it. The defendants argued that the English courts did not have jurisdiction
under the Convention as the place where the harmful event occurred was France and no harmful event
has taken place in England.
The primary ground of jurisdiction in the Convention is in favor of the defendant: in principle, the court
of the defendant's domicile will have jurisdiction over the dispute. However, there is also a derogation
from the general principle: in some cases, the courts of the Contracting State of the plaintiff's domicile
have jurisdiction.
A preliminary ruling by the European Court of Justice for the interpretation of the Convention was
required to determine where the harmful event occurred (with a view to establishing which court had
jurisdiction to hear an action for damages). The European Court of Justice held that the place where the
harmful event occurred included both the place where the damage occurred and the place of the event
giving rise to it.
OPTION OF THE PLAINTIFF
The plaintiff has the option of suing the defendant in either jurisdiction. There is a co-existent
jurisdiction: at the option of the plaintiff (Peter), the place where the damage occurred may also have
jurisdiction to hear the dispute. Where a message is distributed in several countries from a site located
in a specific country, the place of the event giving rise to the damage (causal event), can only be where
the miscreant publisher is established: that is the place where the harmful event originated and from
which the defamatory statement was used and put into circulation. The court of the place where the
sender is established has jurisdiction to hear the whole action for all damage caused by the unlawful
event. That jurisdiction will usually coincide with the defendant's domicile.
The damage caused by a defamatory publication occurs in the places in which the publication was
distributed and in which the victim claims to have injury to his reputation. The Contracting States in
which the publication was distributed and in which the victim claims to have suffered injury to his/her
reputation have jurisdiction to rule on the injury caused in that state to the victim's reputation.
Where does the damage occur in the case of an international libel published, for example, throughout
each individual member state and originating from a French web-site?
The rules prescribed by the Court of Justice must apply to torts facilitated by use of the internet. The
Internet ought to be considered no differently from extant principles that have been developed for
television or newspapers. In the context of defamatory material circulated over the internet, the territory
where the defendant web server is domiciled will have the jurisdiction to hear the dispute. This
jurisdiction applies to the totality of the harmful publications of libellous material that is published in
each and every Contracting State. However, the damage caused by a defamatory publication also
occurs in the places in which the publication via the Internet was distributed: the territory where the
victim claims to have injury to his/her reputation will also have jurisdiction to hear the dispute.
The underlying idea is the establishment of a close connecting factor between a dispute and the court
which should hear the matter on the basis of the sound administration of justice. It creates a multiplicity
of competent fora having jurisdiction over international libels committed via the Internet.
WHICH LAW SHOULD APPLY?
Suppose a defamatory statement is disseminated from an English web-site and is accessed in Germany
where the victim has a reputation. Assume that the English Court has taken jurisdiction over the
litigation in accordance with the defendant's domicile. Which law should be applied by the English
court--English or German law?
In the case of a defamatory statement disseminated from an English website that is accessed in
Germany where the plaintiff has a significant reputation, the plaintiff must according to the principle
of double actionability establish:
1. that civil liability exists in Germany for the defendant's conduct and,
2. that the statement is defamatory under English law: if the publication had occurred in England it
would be defamatory and consequently actionable in tort.
PROBLEMS OF THE VICTIM OF ON-LINE DEFAMATION: IDENTIFYING THE

DEFENDANT
A person claiming to be victim of online defamation may face some difficult problems:
1. identifying the defendant: many online postings are made using screen names and assumed
identities. ISPs could be required by law to disclose the identity of users pursuant to a court
order;
2. the plaintiff may wish to bring a suit not only against the individual who posted the message,
but also against the ISP.
THE PUBLISHER-DISTRIBUTOR DISTINCTION IN THE USA: CUBBY INC. VS

COMPUSERVE INC.
The facts: Compuserve carried a publication in one of its forums called Rumorville, a newsletter about
broadcast journalism. Cubby has recently begun publishing Skuttkebut, which was intended to be a
competitor of Rumorville. Cubby alleged that Rumorville made defamatory statements about
Skuttlebut that damaged its reputation. Cubby sued the principal of Rumorville as well as Compuserve,
the ISP.
The Court: Compuserve's liability depended on whether it was a publisher of the defamatory statements
or a distributor of them. That is the same distinction that shields bookstores from liability for the
contents of the books they sell. It would be impossible to require booksellers to ensure that the contents
of their inventory contained no defamatory speech. A bookstore is merely a distributor of the books.
ISPs may be distributors and escape liability if they do not edit or otherwise regulate the material
posted in their online services. If the ISPs do not edit the material, they will be protected from liability.
However, an online service that edits, reviews, or reformulates the material would be liable as a
publisher, similar to a newspaper. Compuserve, which did not review or edit the material posted by
Rumorville, could not be held liable for any defamatory content.
The distinction between publisher/distributor applies in the European Union (Directive on e-

commerce).
IMMUNITY OF ISP UNDER THE COMMUNICATIONS DECENCY ACT IN THE USA
In 1996, the distinction publisher-distributor applicable to offline and online publications was overruled
by Congress. Section 230 of the Communications Decency Act creates an immunity for ISPs for
defamation claims.
ZERAN V. AMERICAN ONLINE INC. (129 F.3D 327 4TH CIR.1997)
The facts: On April 25, 1995 an anonymous posting on an AOL (America Online) bulletin board
advertised "Naughty Oklahoma T-shirts" displaying offensive slogans relating to the April 19th
bombing of the federal building in Oklahoma City. Interested persons were directed to contact Kenneth
Zeran in Seattle, Washington. Zeran's home phone number was listed on the site. Zeran was not in any
way involved in the posting or the T-shirts. He received a lot of calls, including death threats. He
contacted AOL and was assured that the posting would be removed, but that AOL policy prohibited a
retraction. On April 26 and over the next 4 days, there were additional postings advertising additional
items such as key chains. Zeran called AOL numerous times and was assured that the account from
which the messages were posted would soon be closed. Zeran filed suit against AOL claiming that it
was liable for its failure to promptly remove the defamatory material from its site. AOL unreasonably
delayed removing defamatory messages posted by an unidentified third party, refused to post
retractions of those messages, and failed to screen for similar postings thereafter.
Defense of AOL: Section 230 of the CDA states: "No provider or user of an interactive computer
service shall be treated as the publisher or speaker of any information provider by another information
content provider." It immunized interactive computer service providers from claims based on
information posted by third parties.
The Court ruled on the purpose of this statutory immunity: Congress recognized the threat that tort-
based lawsuits pose to freedom of speech in the new internet medium. An important purpose of section
230 was to encourage service providers to self-regulate the dissemination of offensive material over
their services.
Zeran argued: section 230 eliminates only publisher liability leaving distributor liability intact (tort of
negligence). Distributors cannot be held liable for defamatory statements contained in the materials
they distribute unless it is proven at a minimum that they have actual knowledge of the defamatory
statement: Zeran provided AOL with sufficient notice of the defamatory statement.
For interactive computer services: the courts stated that these notices could produce an impossible
burden for service providers, who would be faced with ceaseless choices of suppressing controversial
speech. If computer service providers were subject to distributor liability, they would face potential
liability each time they received notice of potentially defamatory statements--from any party
concerning any message. Notice-based liability would provide third parties with a no-cost means to
create the basis for future suits. The offended party could simply notify the relevant service provider,
claiming the information to be legally defamatory. In light of the vast amount of speech communicated
through interactive computer services, these notices could produce an impossible burden for service
providers.
ENFORCEMENT OF COURT'S DECISION IN THIRD COUNTRIES: YAHOO NAZI

MEMORABILIA CASE.
The nationalities of the parties and the country where the harm occurs are two common principles used
to assert jurisdiction in international transactions. As we have already seen, however, the "location" of
the harmful Internet activities is difficult to determine. Another international private law issue concerns
how decisions of courts are enforced across jurisdictional boundaries. Enforcement of decisions takes
place through recognition of court orders on the ground of national law, or reciprocal agreements and
treaties among states. The enforcement of a court's decision in a third country is not always easy to
realize.
The following case illustrates this difficulty.
The internet service provider Yahoo has an auction site with Nazi memorabilia and artifacts for sale.
Under French hate crime laws such sales are illegal. The site originates in the USA, where the First
Amendment protects this type of expressive conduct. There is no equivalent freedom of speech
provision in France. A French court has ordered Yahoo! to find a technological means of blocking
access to the site by Web users in France. Failure to do so will result in the court assessing a substantial
daily fine against Yahoo! In response to the French ruling, Yahoo Inc. filed a suit in U.S. court in
California, asking the court to declare that the French government has no jurisdiction over its activities.
The effect of such a declaration would be that U.S. courts would not recognize the ruling, and thus the
fine could not be collected from Yahoo Inc.'s assets in the USA. The Court in California stated indeed
that the French Court had no jurisdiction on the case (Decision of the French Court has no effect in the
US).
15CPH18/28 Constitution of India, Professional Ethics & Human Rights
Question Bank Internal Test-1
Note: = Indicates Correct answer
The date of commencement of the Indian Constitution is{
~26-11-1949 ~26-11-1945 =26-01-1950 ~15-08-1947
Preamble of Indian Constitution indicates{

~Privigileges given to SC & ST
~The power of government to make laws
~The circumstances under which the Constitution can be amended
=The source of the Indian Constitution
}
The source of authority of the Indian Constitution is{
~The Government
=The people of India
~The Supreme Court
~The President
}
One of the objective of the Constitution is to achieve{
~Law and order
=Justice
~Political Stability
~Social Control
}
The word secular as used in the preamble indicates{
~Treating all the languages equally
~Special treatment to Hindu religion
=Treating all the religions equally
~None of these
}
The state whose executive head is elected representative is called{
=The Republic
~Anarchy
~Monarchy
~Dictatorship
}
The first written document with respect to basic rights is the{
=Magna Carta of England
~Constitution of India
~Constitution of America
~French declaration of rights of man and citizen
}
Fundamental Rights are protected by the{
~Civil Courts
~Criminal Court
=Supreme Court
~None of these
}
Fundamental Rights are{
~Civil Rights
~Criminal Rights
=Basic Rights
~None of these
}
Part-3 of the Constitution guarantees how many categories of Fundamental Rights{
~Five
~Six
=Seven
~Eight
}
The right to equality means{
=Treating all citizens equally
~Treating government servant equally
~Treating citizens differently
~None of these
}
Equality must be among{
=Equals
~In-equal
~All
~None of these
}
Article 14 permits reasonable{
=Classification
~Discriminations
~Division
~None of these
}
State is prohibited from denying any citizens access to{
=Shops, Public Restaurants etc.
~private places
~Men & Women
~None of these
}
State is authorized to make special provision for{
=Women & Children
~Men only
~Men & Women
~None of these
}
State can make special provisions for the advancement of{
=Socially and economically backward classes of citizens
~Economically backward classes of citizens
~Only socially backward classes of citizens
~None of these
}
Equality in public employment means{
~All applicants are entitled to be employed
=State has to give equal opportunity in public employment without discrimination
~State cannot prescribe any condition of employment
~None of these
}
...........can be the ground for reservation of posts{
~Language
=Residence
~Colour of the person
~None of these
}
Untouchability is{
=An offence
~Not an offence
~Permissible
~None of these
}
The Constitution provides for the abolition of{
=Titles
~Salaries of public servants
~Allowances of the members of the parliament
~None of these
}
The freedom of speech includes{
=Freedom of press
~Freedom of disturbing public peace
~Freedom to create nuisance
~None of these
}
Freedom of speech and expression means right to express one's own opinion only by{
~Words by mouth
~Writing and printing
=Both as mentioned above
~None of these
}
Freedom of speech includes{
=Freedom of silence
~Freedom of insulting others
~Both as mentioned above
~None of these
}
Classification of films into 'A' & 'U' is{
=Valid
~Invalid
~Either of the mentioned above
~None of these
}
Freedom of assembly means right to assemble peacefully{
~With arms
=Without arms
~With deadly weapons
~None of these
}
Freedom of association includes{
~Freedom to move
=Freedom to form companies
~Freedom to reside & settle
~None of these
}
The freedom of movement under Article 19 (1) (d) can be restricted in the interest of{
~Women
~Law & Order
=General public
~None of these
}
Freedom of Residence means right to{
~Reside and settle only in a particular area
=Reside and settle in any part of the territory of India
~Reside in a foreign country
~None of these
}
Right to Property is a{
=Ordinary Right
~Fundamental Right
~Moral Right
~Not a Right
}
The Constitution guarantees Right to Practice{
=any profession, occupation, trade or business
~Only profession
~None of these
}
The Constitution guarantees Fundamental rights to{
=Both citizens and Non-citizens
~Citizens only
~Foreigners only
~None of these
}
Ex-post facto law means{
=Law imposing penalties from a previous date
~Law imposing penalties from a future date
~Civil Law
~None of these
}
Double Jeopardy means{
=No prosecution and punishment for the same offence more than once
~There can be prosecution and punishment for the same offence more than once
~Double benefit
~None of these
}
Self-incrimination means{
=Compulsion to be a witness against himself
~Compulsion to be a witness against others
~Voluntarily gives evidence
~None of these
}
Article 21 protects{
~Life only
~Liberty only
=Life & Personal Liberty
~None of these
}
Right to life includes{
=Right to live with human dignity
~Right to not live with human dignity
~Right to mere animal existence
~None of these
}
Right to Shelter is part of{
=Right to live
~Right to equality
~Right to freedom
~None of these
}
An arrested person has ____ number of rights under Article 22{
=4
~5
~1
~6
}
The first right under Article 22 is{
=Right to be informed of grounds of arrest
~Right to consult his own lawyer
~Right to be produced before a magistrate
~None of these
}
An arrested person must be produced before a magistrate within ___ hours of his arrest{
~12
=24
~36
~48
}
Telephone tapping is violation of{
~Right to Freedom of Speech & Expression
=Right to life and personal liberty
~Right to carry on any profession
~Right to equality
}
A person can be detained under Preventive Detention Law{
~If he has committed offences against the public
=If he is likely to cause harm to public
~If he is insolvent
~If he is alien enemy
}
Right to pollution free environment includes{
=Right to life
~Freedom of Speech and Expression
~Right to religion
~Abolition of Untouchability
}
Right to life includes{
=Prisoners Rights
~Teachers Right
~Students Rights
~Ministers Rights
}
Right to Education is a{
=Fundamental Rights
~Ordinary legal Right
~Not a Right
Traffic in human beings & labour is{
=Prohibited under the Constitution
~Permitted under the Constitution
~None of these
}
Children below the age of ___ years are prohibited to be employed in hazardous employment{
~21 years
~18 years
=14 years
~30 years
}
Right to Freedom of Religion aims at achieving the concept of{
=Secularism
~Federalism
~Political justice
~Economic justice
}
There can be prohibition of religious instruction is _____ institutions{
=State aided
~Unaided
~Minority Educational
~None of these
}
The tax collected by the state cannot be utilized{
=For the promotion of any particular religion
~For the promotion of any particular business
~None of these
}
Cultural and Educational Rights are also known as{
=Minority Rights
~Majority Rights
~None of these
}
Minorities have Right to{
=Establish and administer Educational institutions
~Only to establish educational institutions
~Carry on profession or business
~None of these
}
Minorities under Article 30 are based on{
=Religion or language
~Religion only
~Language only
~None of these
}
___is the custodian of Fundamental Rights{
=Supreme Court & High Court
~Civil Courts
~President of India
~None of these
}
The Supreme Court is situated at{
=New Delhi
~Mumbai
~Bangalore
~Kolkata
}
The founding father of the Indian Constitution is{
=Dr.B.R.Ambekar
~Gandhiji
~Pandit Nehru
~Sardar Valabhai Patel
}
Supreme Court has power to issue _____ Kinds of writs{
~3
~4
=5
~6
}
Habeas Corpus means{
="You may have the body"
~"What is your authority"
~Arrest the person
~None of these
}
Who can apply for Habeas Corpus Writ?{
~The person arrested only
=Any friend/relative of an arrested person
~The police officer
~None of these
}
Mandamus means{
=Command
~Request
~Permission
~None of these
}
Mandamus writ lies against{
=Public authority
~Private persons
~None of these
}
Writ of Prohibition is issued against{
~Inferior Court
~Tribunal
=Both as mentioned above
~Superior court
}
Certiorari means{
=To certify
~To produce a person illegally arrested
~Command
~None of these
}
'Quo-Warranto' means{
=What is your authority
~Direction
~Issuina warrant
~None of these
}
'Locus Standi' means{
=Right to move the Supreme Court/High Court
~Right to be defended
~Local authority
~None of these
}
Supreme Court has invented a new doctrine called{
=Public Interest Litigation
~Private Interest Litigation
~Publicity Interest Litigation
~None of these
}
Right to Education is contained in Article{
~Article 20
~Article 21
=Article 21A
~Article 32
}
Right to property is a{
~Fundamental Right
=Legal Right
~Mortal Right
~None of these
}
Right to start a business under Article 19 (1)(g) includes{
~Right not to close down the business
=Right to close down the business
~Right to travel abroad
~None of these
}
The number of Articles in the Constitution presently is{
~368
~395
~400
=447
}
Directive Principles of State Policy are contained in which part of the Constitution?{
~Part I
~Part III
=Part IV
~Part-II
}
The underlying objective of the Directive Principles is to achieve{
=Welfare State
~police State
~Secular State
~None of these
}
There is right to adequate means of livelihood guaranteed to{
=Both men & women equally
~men only
~Women only
~either men or to women
}
'Equal Pay for Equal Work' is an accompaniment of{
~Right to freedom
=Right to equality
~Right to freedom of religion
~Right to constitutional remedies
}
The Directive Principles of State Policy{
~Can be enforced in any court
~Cab be enforced in High Court
=Cannot be enforced in any Court
~can be enforced only in the Supreme Court
}
The Directive Principles of State Policy to be followed by the State for securing economic justice does
not include{
~equal pay for equal work
=to secure uniform civil code
~equal right of men & women to adequate means of livelihood
~to protect health & strength of workers
}
Sexual harassment of working women is violation of{
~Fundamental duty
=Fundamental right
~Directive Principles of State Policy
~Rule of law
}
This Act was not passed for implementing Directive Principles of State Policy{
~Forest Act
~Maternity Benefit Act
=Water Pollution Act
~Arms Act
}
Directive Principles of State Policy are{
~Political rights
=Social rights
~Constitutional rights
~Legal rights
}
This is not a Directive Principle of State Policy{
~Living wage for workers
~Right to work, education
=Secure just & corrupt free judiciary
~Participation of workers in management of Industries
}
Uniform Civil Code means{
~Uniform Civil Procedure Code
~Civil law applicable to common man
=Common civil law applicable to all
~Civil law applicable to Hindu Women & Muslim Women
}
Free & Compulsory education for all children is provided under Article 45 until they attain the age of{
=14 years
~21 years
~18 years
~16 years
}
Equal justice & free aid is guaranteed to{
~Socially backward classes
=Economically backward classes
~Socially & economically backward classes
~Educationally backward classes
}
State should protect every monument or place or object declared to be of{
~State importance
=National importance
~International importance
~Local importance
}
State should take steps to separate{
=Judiciary from Executive
~Legislature from Executive
~Judiciary from Legislature
~All the 3 organs from each other
}
The object of organizing Village Panchayats is to introduce{
=Democracy at grass-root level
~Indirect democracy
~Aristocracy
~None of these
}
Fundamental Rights and Directive Principles are{
~unrelated to each other
=Supplementary & Complementary
~Opposed to each other
~None of these
}
Part-IV (A) consists of ____ fundamental duties{
~10
~9
=11
~12
}
Part-IV (A) was added to the Constitution in the year{
~1950
~1972
~1978
=1976
}
For the violation of fundamental duties, an action{
~can be initiated in any court
~can be initiated in the magistrate court
=cannot be initiated in any court
~can be initiated either in High Court or in Supreme court
}
The Remedy available for breach of Fundamental Duties under the Constitution is{
~filing civil suit
~filing criminal complaint
~no remedy
=filing Writ Petition
}
Fundamental Duty demands{
~To work sincerely & respect the right of others
=To abide by the Constitution
~To prevent corruption
~To abide by ethical values
}
Which of the following is not a fundamental duty{
~to protect & improve natural environment
=not to practice corruption
~to develop scientific temper
~to abide by Constitution
}
The recent fundamental duty is{
=Duty of a parent or guardian to provide education to his child
~Duty to safeguard public property
~Duty to protect and improve the natural environment
~Duty to abide by the Constitution
}
Fundamental duties in the Constitution are addressed to the{
~Politicians
=People
~Workers
~Students
}
The Directive Principles of State Policy are in the form of{
~Rights
~duties
=Direction to state
~obligation citizens
}
The Constitution makers have borrowed the Directive Principles from{
~Constitution of Spain
~Constitution of U.K.
~Constitution of U.S.A
=Constitution of Ireland
}
The Directive Principles of State Policy are the obligations of{
~Central Govt.
~State Govt.
=Central & State Govt.
~Citizen of India
}
Article 37 of the constitution declares that the Directive Principles are{
~Enforceable in a court of law
=Unenforceable
~Enforceable only
~None of them
}
Article 38 of the Constitution aims to achieve{
=Social Justice
~Economic Justice
~Political Justice
~All of the above
}
The State is required to direct its policy towards securing equal right to a adequate means of
livelihood for{
~Disabled persons
~Men only
~Women
=Both men and Women
}
In Child Labour Abolition case the Supreme Court has held that the children below the age of ____
cannot be employed in any hazardous industry{
~16 years
~18 years
~21 years
=14 years
}
The Parliament of India has enacted ___ for the enforcement of Article 39(d){
~Child labour Abolition Act
=Equal remuneration Act
~Protect of Human Rights Act
~None of these
}
Equal justice and free legal aid under the Social Security Charter has to be provided to{
~Socially backward classes
=Economically backward classes
~Politically backward
~All of the above
}
Now, free legal aid and speedy trial are{
~Only directives
~Duty of the citizens
=Fundamental rights
~None of these
State has been directed to provide employment, education & public assistance in cases of
unemployment for the unemployed, aged, sick and disabled{
~Irrespective of economic capacity of the nation
~Out of the borrowings
~Out of Consolidated Fund
=Within the economic capacity of the state
}
Living wage means{
~Minimum wage
~Bare necessitates of life
~Provision for education and insurance
=Education & insurance etc. including the necessities of life
}
Provision for care & education to children has been inserted as a Fundamental Right under{
~Article 21
~Article 20
=Article 21(A)
~Article 31(A)
}
Education below the age of 14 years is inserted as a fundamental right by{
~42nd Amendment
~44th Amendment
~85th Amendment
=86th Amendment
}
The Directive Principles under Article 46 considered ___ as educationally & economically
backward/weaker sections of the society{
~Women & children
~Disabled
=SCs and STs
~None of these
}
To protect and improve the natural environment and wild life is one of{
~Fundamental Rights
~National policy
=Directive Principles
~None of these
}
Article 48 of the Constitution directs the state to take steps to organize{
~Agriculture sector
~Animal husbandry
=both as mentioned above
~Scientific and technological advancement
}
Monuments and places and objects of national importance are protected because India is a country
with{
~Richest population
~Lengthiest Constitution
=Rich cultural heritage
~Diverse culture
}
The Directive Principle in Art.53 for promotion of international peace and Security became justifiable
by{
~Universal Declaration of Human Rights, 1948
=Protection of Human Rights Act, 1993
~The Equal Remuneration Act 1976
~All of the mentioned above
}
Democracy at the grass root level is strengthened by{
~Municipalities
~State legislatures
=Village panchayats
~Central government
}
The fundamental rights and directive principles are{
~conflicting with each other
~unrelated to each other
=complement & supplement to each other
~None of these
}
Who is known as the first citizen of India?{
=The President
~Prime Minister
~Speaker
~Chief Election Commissioner
}
Who is the Head of the State?{
~Governor
~Prime Minister
=President
Vice-President
}
Who is the Head of the Executive?{
~A Cabinet
=Cabinet headed by the Prime Minister
~President
~Speaker
}
Who is the Nominal Head of the Executive?{
~A Prime Minister
~Vice-President
=President
~Governor
}
How much age is required by a person, to contest in the Presidential Election?{
~30+
~32+
~33+
=35+
}
Name the group, which is created for the election of the President?{
=Electoral College
~Elected College
~Electoral Commission
~None of these
}
Who are the members of the Electoral College?{
=Elected members of both Houses of Parliament & elected MLA's
~Almost all members of Parliament
~Members of Parliament of Lok Sabha
~Members of Parliament of Rajya Sabha
}
What kind of system of voting followed in President's election?{
~A open ballot system
~Voting by oral announcement
=Secret ballot system
~Partial ballot system
}
Who has to take an oath of the Person who won in the President's election?{
~Outgoing President
=Chief Justice of India
~Prime Minister
~Governor
}
What is the term of the office of the president?{
~4 years
=5 years
~6 years
~2 years
}
What is the maximum period for election of the President, if Vacancy is raised due to the death,
resignation or removal of the President?{
~within 1 year
~within 1 and a half years
=within 6 months
~within 2 months
}
Name the bill or motion aimed to remove the President?{
=Impeachment Motion
~no-confidence motion
~Judgment of the Supreme Court
~Majority approval of the Parliament
}
Who is the authorized person to remove the President after the Impeach Motion is passed in
Parliament?{
=Chief Justice of India
~Vice-President
~Prime Minister
~Parliament
}
Who can be appointed by the President as the P.M.?{
~Leader of the majority party in the Rajya Sabha
~Leader of the party in the Lok Sabha
=Leader of the majority party in LokaSabha
~Leader of the opposition party in the Rajya Sabha
}
How does the appointment of Council of Ministers take place?{
~Appointed by the Prime Minister
~By the President
=By the President on the advice of the P.M
~By the P.M on the advice of the President
}
Who is the Supreme Commander of the defence forces of India?{
~Prime Minister
~Parliament
~Chief Justice of S.C.
=The President
}
Who Can control or regulate the exercise of military powers of the President?{
~Constitution
=Parliament
~Prime Minister
~President
}
Is the President a part of the Parliament?{
~No
=Yes
~Upto 3 years of the term
~Upto 1 year of the term
}
Who can dissolve the Lok Sabha?{
=The President
~Prime Minister
~Supreme Court
~Speaker of Lok Sabha
}
Can the President withhold an Ordinary Bill?{
~No
=Yes
~Can withhold upto 6 months
~upto 1 year
}
What is the total strength of the Rajya Sabha?{
~50
~225
=250
~238
}
What is the life of the ordinance from the date of commencement of the sessions of the
Parliament?{
~one year
~nine months
~six months
=six weeks
}
Who has the power to declare emergency?{
~Parliament
=President
~Prime Minister
~Supreme Court
}
Which Article empowers the President to impose National Emergency?{
~356
~360
=352
~359
}
Which Article empowers the President to impose State Emergency?{
=356
~357
~358
~359
}
Which Article empowers the President to impose Financial Emergency?{
~361
~362
~363
=360
}
At what occasion President can impose National Emergency?{
~During internal rebellion
~War
=War & armed rebellion
~During constitutional crisis
}
At what occasion the President can impose a State Emergency?{
=Failure of the State Government to rule as per the Constitution
~Failure of the state Government to rule as per the Supreme Court
~Failure of the state Government to rule as per the High Court
~Failure of the state Government to rule as per the Governor
}
Who can become the Prime Minister?{
~Leader of the opposition party is Lok Sabha
=The leader of the majority political party in the Lok Sabha
~Leader of the Ruling Party
~Leaders of both houses
}
Can the President appoint other ministers without the advice of the PM?{
=No
~Only the ministers can be appointed
~Yes
~None of these
}
What is the main hurdle to be crossed by the ruling party after being invited by the President to
form the Government?{
=Cabinet should prove their majority in the Lok Sabha within the stipulated time given by the
President
~Should prove majority in the Rajya Sabha
~Should prove the Majority in S.C.
~None of these
}
Can the PM advise the President to appoint a non-MP as a Minister?{
~No
~Advise the speaker
~Advise the Parliament
=Yes
}
For how much period a non-MP can be allowed as minister?{
~3 months
=Six months
~9 Months
~12 months
}
What condition has to be fulfilled if a non-MP to continue as a minister?{
=He has to elect as a member of Parliament within six months failing which he has to resign his post
~to become MP in 3 months
~within one year
~no time limit
}
Can a non-MP be continued as a minister without being elected?{
~No such rule
=No
~Yes
~None
}
Who can allot and transfer the portfolios to the ministers?{
=The Prime Minister
~The President
~Parliament
~Cabinet
}
Who is the authorized person to remove the ministers at anytime?{
~Advising the speaker
~By advising the vice-president
=Prime Minister by advising the president
~By advising cabinet
}
Who can supervise and control the business of the administration?{
=The Prime Minister
~Cabinet
~President
~Supreme Court
}
Who can conduct and postpone the cabinet meetings?{
~Speaker
~Parliament
~The President
=The PM
}
Union Legislature of India is know as{
~Electoral body
=The Parliament
~Diet
~Congress
}
How many Houses are there in parliament?{
~Five
=Two
~Three
~Four
}
Which Houses of Parliament represents Federal features?{
=Rajya Sabha
~Lok Sabha
~Vidhana Sabha
~Vidhana Parishad
}
What kind of elections takes place to Rajya Sabha?{
~Direct elections
=Indirect election
~by-elections
~mid-term election
}
If people's representatives, participate in the elections it is known as{
~Direct elections
=Indirect elections
~by-election
~None of these
}
How many parts does the Parliament consists? What are those?{
~Two-parts Lok Sabha and Rajya Sabha
~4-parts Lok Sabha, Rajya Sabha, Speaker & President
~One-members of Parliament
=Three-Lok Sabha, Rajya Sabha, and the President
}
Which is the powerful House of Parliament?{
~Rajya Sabha
=Lok Sabha
~President
~Prime Minister
}
Is the President an integral part of Parliament?{
=Yes
~No
~to some extent Yes
~to some extent No
}
How does the Lok Sabha form?{
~Indirect
=On the basis of the direct elections
~No elections
~Nomination
}
How many MPs to Lok Sabha are elected directly by the States of the nation?{
~545
~540
=525
~500
}
How many members from the Union Territories are elected to the Lok Sabha?{
~50
~30
~25
=20
}
What is the maximum strength of the Lok Sabha?{
=552
~425
~545
~560
}
What is the term of the Lok Sabha?{
~2 years
~6 years
~4 years
=5 years
}
When does the normal time of Lok Sabha extend?{
~Civil war
~War
=During the emergency
~floods
}
Name the elections take place for the whole Lok Sabha before its expiry?{
~Indirect elections
=Mid-term elections
~General elections
~Bi-elections
}
Name the elections take place for a few vacancies of Lok Sabha before the expiry of the term?{
~Direct
~Indirect elections
~None of these
=Bi-elections
}
For how much period the term of Lok Sabha can be extended during emergency?{
=One year
~Six months
~Two years
~Three years
}
Within which time the elections should be conducted to the Lok Sabha after the Emergency is
ceased to operate?{
~12 months
=within 6 months
~3 months
~9 months
}
Is there any educational qualification for becoming MP?{
~some qualification
~yes
=No
~None of these
}
For how much period mid term election are conducted?{
=5 years
~3 years
~4 years
~2 years
}
The required age to contest in the election of the Lok Sabha is{
~Below 25 years
~30 years
=25 years+
~35 year
}
Who is the Presiding officer of the Lower House of Parliament?{
~Vice-president
=Speaker
~Prime Minister
~President
}
Can the Speaker continue in his post after loosing membership in the House?{
~Yes after SC permission
=No
~Yes
~don't know
}
Who will elect the Speaker of the Lower House?{
~President
=Members of the Lower House
~Prime Minister
~Vice-president
}
Who will act as Speaker in his absence?{
~Vice-President
~Defence Minister
~Home Minister
=Deputy Speaker
}
How is the Speaker removed?{
~by the President
~By the Prime Minister
~By the Parliament
=When the Lower House passes a resolution by an absolute majority after a notice is issued 14 days
in advance for such removal before passing of resolution by the President
If any member elected as a Speaker, can be continue in his political party?{
~yes
~By the permission of the SC, he can continue
~None of these
=No, He should resign his political party
}
How many kinds of Bill are there?{
~Three kinds
~One kind
=Two kinds
~five kinds
}
If the Bill is introduced by opposition and independent MP, it is known as{
=Private Bill
~Public Bill
~Official Bill
~Non-Official Bill
}
If the Bill introduced by the ruling party MP it is known as{
~Act
~law
~Private Bill
=Public Bill
}
How many 'Readings' a Bill has to cross in each House to get passed?
~Two
~Four
~Five
=Three
}
If Legislature has only one House, it is know as{
~Mono-cameralism
~Cameralism
~Bi-cameralism
=Uni-cameralism
}
What kind of majority does an Ordinary Bill require to pass in Parliament?{
~Special majority
~Absolute majority
=Simple majority
~Overwhelming majority
}
What is the purpose of the Joint Session of the Parliament?{
~to pass the budget
~to elect the speaker
~to remove the president
=to resolve the deadlock between the two houses
}
Annual statement of income and expenditure of the Government is know as{
~Agenda
~Catalogue
~Calender
=Budget
}
Who will present the Budget in the month of March every in the Lok Sabha?{
=Finance Minister
~Prime Minister
~Home Minister
~Speaker
}
Can the Money Bill be rejected by the President when comes second time after reconsideration by
the Lower House with or without modification{
~Yes
=No, it has to be signed by the President
~His will & wish
~None of these
}
Name the highest or apex court of India?{
~Federal Court
~Lok-adalath
=Supreme Court
~International Court
}
How is the supremacy of the Constitution safeguarded?{
=by independent and impartial Judiciary
~by the parliament
~by the cabinet
~press
}
What is the total strength of the Supreme Court?{
~30
=Twenty Five Judges and One Chief Justice together Twenty-Six
~35
~29
}
Who does appoint the Judges of the Supreme Court?{
~Cabinet
~President on his own
=President appoints the Judges after consulting the Chief Justice of India
~President by consulting Prime Minister
}
Who does appoint Chief Justice of the Supreme Court?{
=By the President
~By the Prime Minister
~By the cabinet
~By the Speaker of Lok Sabha
}
Is the President bound to any one of the appointment of the Chief Justice of India?{
~Yes
~Bound to the advice of the Parliament
~None of these
=No
}
What is the retirement age of the Chief Justice and Judges of the Supreme Court?{
~62 years
~60 years
=65 years
~58 years
}
Name the process through which Judges of the Supreme Court and High Court are removed?{
~No-confidence motion
~By order of the Speaker
~By order of the Prime Minister
=Through impeachment Motion
}
On what grounds the Judges are removed?{
~Failed to give effective Judgment
=Proved misbehavior, incapacity
~Absconding from duty
~None of these
}
What is the present salary of the Chief Justice of India?{
~Rs. 1,33,000
=Rs. 1,00,000/-
~Rs. 1,35,000/-
~Rs. 1,34,000/-
}
What is the salary of the Supreme Court Judges of India?{
=Rs.90,000/-
~Rs.1,22,000/-
~Rs.1,26,000/-
~Rs.1,30,000/-
}
The jurisdiction exercised by the Supreme Court to deal the cases related to the powers of the
Centre and States is known as{
~Appellate Jurisdiction
=Original Jurisdiction
~Advisory Jurisdiction
~Special Jurisdiction
}
Name the jurisdiction exercised by the Courts to deal the cases come from the subordinate courts?{
=Appellate Jurisdiction
~Constitutional Jurisdiction
~Original Jurisdiction
~Judicial activism
}
Under what jurisdiction, the cases involving the interpretation of the Constitution, are dealt by the
Supreme Court?{
~Special Jurisdiction
=Appellate Jurisdiction
~Advisory Jurisdiction
}
Name the Article, empowering the Supreme Court to issue writs for the enforcement of FRs?{
=Under Article 32
~Under Article 33
~Under Article 35
~Under Article 40
}
Name the jurisdiction exercised by the Supreme Court to give or not to give advices to the President
whenever the later asked on the matter related to public issue?{
~Appellate Jurisdiction
~Lok adalath
=Advisory Jurisdiction
}
Not obeying the judgment of the Supreme Court is know as{
~Insulting the Court
~Disrespecting the Court
=Contempt of Court
~Dishonouring the Court
}
The power of the Supreme Court to examine the Constitutional validity of the laws of the Central
and State Governments is known as{
~Judicial Authority
=Judicial Review
~Judicial Activism
~Judicial Remand
}
Who can decide the election disputes of President and Vice-President of India?{
~High court
~Parliament
=Supreme Court
~Executive
}
Is the Supreme Court bound by its own judgment?{
=No
~Yes
~Bound to some extent
~None of these
}
What is required for the Supreme Court to deliver impartial judgments?{
~Independent constitution
~Govt's interference
=Free from political control
~None of these
}
Test - 2 Question Bank
= Mark indicates correct answer
The Governor of a state is{
~Directly elected by the people
~Elected by the state legislature
=Appointed by the President
~Appointed by the parliament
}
The Governor Powers do not include{
~Legislative powers
=Military powers
~Pardoning powers
~Emergency powers
}
The Governor of a state is responsible for his actions to{
~The state legislative assembly
=The president
~The prime minister
~The chief justice of the high court
}
State Governors are{
=Instruments of control of the centre over the state
~Nominees of the chief minister
~Elected by the Rajya sabha
~None of these
}
Ordinances issued by a state governor are subject to approval of{
~The president of India
~Chief Minister of the state
~Union parliament
=State legislative concerned
}
Who, among the following, is not appointed by the Governor{
~Chief Minister
=High Court judges
~Members of the State Public Service Commission
~Advocate General
}
Legislative council is{
~Dissolved after 6 years
=Not dissolved
}
A High Court Judge retires at the age of{
~65
~63
~60
=62
}
Constitution empowers state governments to make special law for{
=Women and children
~Workers working in the mines
~Farmers
~Unemployed youths
}
President rule is imposed in a state{
=When there is no clear majority
~When state legislative passes a resolution to that effect
~When there is difference of opinion between the Governor and the Chief Minister.
~When the state government doesnt follow the direction given by the Prime Minister.
}
This is not the power of the chief minister{
~Formation of government
~Control over minister
~Chief advisor to the governor
=Control over state judiciary
}
The minimum age for a person to be appointed as the governor of a state is{
=35
~40
~30
~25
}
By convention, the Governor of a state generally belongs to{
~The same state
=Some other state
~The I.A.S. cadre
~The same zone
}
Who among the following holds office during the pleasure of the president?{
=Governor
~Election Commissioner
~Prime minister
~Speaker of the loksabha
}
The executive of the state government comprises the{
~President, Governor and the Chief Minister
~Governor and the Chief Minister
=Governor and the council of ministers
~Chief Minister and his council of ministers
}
Suffrage means{
~The right to suffer
~The right of the citizen to expose the suffering of others
=The right to vote
~None of these
}
Which of the following subjects may never be discussed in a state legislature{
=Conduct of a high court judge
~Conduct of a marshal of the house
~Items of the charged expenditure in the budget
~Conduct of the Governor
}
Who, among the following, can remove a chief minister from office?{
~State legislative assembly
=Governor
~President
~Supreme court of India
}
Election to a state legislature is conducted by the{
~State Governor
~Chief Minister
~Chief Secretary of the state
=Election commission
}
When a state assembly is dissolved, the law making power for the state concerned rests with the{
~State Governor
=Union Parliament
~President of India
~Chief Justice of India
}
The Chief Minister remains in power as long as he enjoys the confidence of the{
~Prime minister
~Governor
=State legislative assembly
~people of the state
}
Members of the council of ministers are appointed by{
~Chief Minister
~Governor
=Governor on the advice of the chief minister
}
A joint sitting of the Vidhana Sabha and vidhana parishat of a state is presided over by the{
=Governor of the state
~Chief minister
~Chairman of the vidhana parishad
~Speaker of the vidhana sabha
}
The authority to dissolve a state legislative assembly is vested in the{
~Chief minister of a state
~ Speaker of the state assembly
~President of India
=State governor
}
A few members of the legislative council are nominated by the{
~Chief minister
~Chairman of the legislative council
~President of India
}
Total members in the Legislative Council should not be less than{
~250
~80
~20
=40
}
Governor will act as per the advice of the council of Ministers while{
~Giving assent to a bill
~Dissolving the Legislative Assembly
~Recommending Presidents Rule
=Appointing the advocate General
}
The number of ministers, including the chief minister, in a state shall no be less than{
~15
=12
~10
~5
}
The number of ministers including the chief minister shall not exceed____ of the total number of
M.L.A.s{
~25%
~30%
=15%
~20%
}
The Chief Minister of state is{
~Elected directly by the people
~Selected by the President of India
~Selected by hid party President
=Elected by the Members of the Legislative Assembly
}
The Chief Minister is answerable for his acts of omission and commission to{
~The People
~His party
=Legislative Assembly
~Investigation
}
Budget of a State Government is based on{
=The vision of the council of Ministers
~The preparation of the official of the state
~The direction of the central Government
~The direction of World Trade Organization
}
The position of the chief minister in council of ministers is{
=the first among equal
~the supreme commander
~the virtual dictator
~no difference at all with regard to position & status
}
To become a judge of the High Court one must be a practicing advocate of the High Court for at
least{
~20 years
=10 years
~15 years
~5 years
}
The judges of a High Court are{
=Liable to be transferred
~Not liable to be transferred
~Liable to be transferred once in 2 years
~None of these
}
The Chief Justice of a High Court gets a salary of{
~Rs. 56,000
=Rs. 90,000
~Rs. 75,000
~Rs. 80,000
}
High Courts have original jurisdiction in{
=Admirality
~Civil matters
~Criminal matters
~Matters not related will or divorce
}
High courts have appellate jurisdiction in{
~Civil matters
~Criminal matters
=Both criminal and civil matters
~Constitutional matters
}
The decision of a High Court over rules the decision of{
=all other lower courts
~is not binding on all other lower courts
~it just a matter of reference to lower courts
~none of these
}
Public interest litigation can be entertained by a High court whenever{
~the public is irresponsible
~the public neglect the Governments interests
=the public interest is undermined
~the public interest becomes personal interest of the high court
}
The high court has{
=The power of superintendence over all other lower courts
~The power to create lower courts
~The power to disengage the business of a lower court
~The power to dissolve all or any lower court
}
Judicial activism is{
=for the protection of the Rights of the citizens
~for curtailment of the power of the Government
~for the curtailment of active organization
~for the follow up of the courts directions
}
The independence of judiciary is necessary{
=effectively act as a guardian of peoples rights
~to curb the powers of the Executive
~to discipline the behaviour of the legislature
~to encourage the media to counter the wrong decisions of the government
}
The Judiciary is{
=A part of the Government
~Nothing to do with the Government
~Independent of Government
~Against the Government
}
The judiciary is provided by{
=The Constitution
~The people
~The Government
~United Nations Organisation
}
The best test of excellence of Government is the efficiency of its executive{
~The efficiency of its executive
~The efficiency of its legislative
=The efficiency of its Judicial system
~All of these
}
The Judges of the High Court are{
~Appointed by the Chief Minister
~Appointed by the Speaker of the Vidhana Sabha
=Appointed by the President of India
~Appointed by the Governor
}
Judicial Review means{
=Reviewing the laws passed by the legislature
~Examining the actions of the Executive
~Scrutinizing the lower courts order
~Supervising the implementation of the D.P.S.P
}
The Supreme Court has the Power to{
~Create High Courts
~Create the Whole Judicial system
~Supervise and control the High Court
=None of these
}
To become a chief minister of a state one must have attained the age of{
=25 years
~30 years
~35 years
~40 years
}
The list of SCs & STs is drawn by{
~Governor
=President
~Prime Minister
~None of these
}
There can be reservation of seats in Lok Sabha & State Legislative Assemblies for SCs amd STs is
contained in{
~Article 352, 360
~Article 356, 359
=Article 330, 332
~None of these
}
Article 243 (D) & 243 (T) provides for reservation of seats for SCs and STS in{
~Lok Sabha
~Rajya Sabha
=Panchayat Raj
~Vidhana Sabha
}
Under Article 338____ can be established for the SCs and STs{
=National Commission
~Human Rights courts
~Civil Courts
~None of these
}
National Commission for SCs & STs shall have all the power of a{
~High Court
~Supreme Court
=Civil Court
~Criminal Court
}
Special Provisions for Scs and Sts are also contained in{
~Part I & II of the constitution
=Part III & IV of the constitution
~Part X of the constitution
~Part of XVI of the constitution
}
___ Provides for grants-in-aid to the state for promoting the welfare of the SCs & STs{
~Article 280
=Article 275
~Article 249
~Article 300
}
The legally permissible age for marriage of a boy & girl is{
=21 & 18 years
~16 & 18 years
~25 & 23 years
~None of these
}
Practices derogatory to the status of women is renounced under
=Article 51 A (e)
~Article 32
~Article 50
~None of these
}
Right to education has been guaranteed to children between the age of{
=6-14 years
~7-12 years
~8-10 years
~None of these
}
The term backward class implies backwardness{
=Socially & educationally
~Economically
~Culturally
~None of these
}
Backward classes commission is appointed by the{
~Prime Minister
=President
~Governor
~Chief Minister of all states
}
Types of emergencies provided in the Indian Constitution is{
~4
~5
~6
=3
}
The power to declare emergency is vested in the{
~Prime Minister
=President
~Governor
~Chief Minister
}
National Emergency may be declared on the ground of{
~Internal disturbance
~Political instability
=War
~Natural calamities
}
National Emergency may be declared on ____grounds{
~5
~2
~6
=3
}
National Emergency may be declared under the following Article{
~360
~2
=352
~375
}
National emergency can be declared when the cabinet communicates to the president{
~Orally
=In writing
~Either orally or in writing
~None of these
}
Proclamation of emergency must be laid before{
=Both the Houses of the Parliament
~Either House of the Parliament
~Before the supreme court
~None of these
}
Proclamation of National Emergency must be approved within{
~2 months
=1 Month
~6 Months
~1 year
}
A resolution approving the proclamation must be passed by{
~Simple majority
=Special Majority
~Either special or simple majority
~None of these
}
Once approved, proclamation of emergency remains in force for{
~1 Year
~6 Years
=6 months
~3 months
}
Proclamation of emergency may be varied or cancelled by the{
~Lok sabha
~Rajya Sabha
~Supreme Court
=President
}
Proclamation of emergency at the first instance remains in force for{
~6 months
=1 month
~3 months
~2 months
}
During Emergency the states can be given directions by the{
~Supreme Court
~Centre
=Parliament
~None of these
}
During emergency, there is automatic suspension of rights guaranteed under{
~Article 14
~Article 21
=Article 19
~Article 18
}
President can suspend the enforcement of fundamental Rights except{
~Article 14 & 19
~Article 18 & 20
~Article 21 & 22
=Article 20 & 21
}
So far National Emergency has been declared____ times in India{
~Five
~Six
=Three
~One
}
State emergency is also called as{
=Presidents rule
~Prime Minister Rule
~Governors Rule
~Chief Justice Rule
}
State Emergency can be declared when there is{
~War
=Failure of Constitutional machinery in states
~Financial Crisis
~None of these
}
President can impose State emergency when he receives a report from the{
~Chief Minister
=Governor
~Chief Justice
~Attorney General
}
During State Emergency the President exercises the power of the{
~Chief Minister
~Prime Minister
=Governor
~Chief Justice
}
Financial Emergency may be declared when there is ________{
=Financial instability
~War
~None of these
}
The duration of financial emergency is _______{
~6 months
=2 months
~3 months
~1 year
}
Federal constitutions means a constitution in which powers are divided between the___{
=Central & state
~States only
~People & States
~None of these
}
The new ground of emergency added in 1978 to Article 352 was____{
~War
~External Aggression
=Armed Rebellion
~Internal Disturbance
}
The powers to superintendent, direct & control elections is vested in the______{
~Planning commission
~Finance Commission
=Election Commission
~None of these
}
Election commission is _____ member commission{
~Single
~Double
=Multi
~Four
}
The conditions of services of the election commissioners may be determined by the___{
~Prime Minister
~Governor
=President
}
The removal of Chief Election Commissioner may be on grounds similar to that of ____{
~Judge of a High Court
=Judge of the Supreme Court
~Attorney General of India
~Governor of a State
}
Election Commissioners are appointed by the____{
~Prime Minister
=President
~None of these
}
Every citizen of the age of ____ years is eligible to vote in an election{
~21 years
~16years
~25 years
=18 years
}
No. of rolls in a territorial constituency shall be ___{
~Two
=One
~Three
~Unlimited
}
Seats are reserved in favour of ___{
=SC & ST
~Aged persons
~Sick persons
~Disabled persons
}
No. of seats to be reserved for Anglo Indian community in Lok Sabha is ___{
~Three
=Two
~One
~Unlimited
}
The term of office of Election Commissioner is ___{
~1 Year
~2 years
~5 years
=6 years
}
The members of the Anglo Indian community are nominated by the ____{
~Chief Minister
~Prime Minister
=President
}
___ no. of days are allowed to file nomination{
~7 days
=8 days
~30 days
~15 days
}
No. of days allowed to withdraw nomination papers is ___{
~1 day
~3 days
=2 days
~15 days
}
No. of days allowed for campaigning{
~10 days
~30 days
~15 days
=20 days
}
Election disputes can be adjudicated only by____{
=High Court
~Criminal Court
~Election Commission
~Civil Court
}
Constitutions are classified into ____{
~Rigid
~flexible
=Rigid & flexible
~None of these
}
The method of amending rigid constitution is by ___{
~Simple majority
=Special majority
~Cannot be amended
~None of these
}
Procedure to amend the constitution is contained in____{
~Article 268
=Article 368
~Article 338
~None of these
}
No. of methods of amending the constitution ____{
~Two
~One
=Three
~Four
}
Consent by states for amending the constitution is known as ____{
~Resignation
=Ratification
~Registration
~None of these
}
42nd Amendment Act came into force in{
~1956
~1960
=1976
~1978
}
The words added to the preamble by 42nd amendment were{
~Socialist only
~Secular only
~Integrity only
=All of these
}
Which among the following were given supremacy over fundamental rights.{
~Fundamental duties
~Citizenship
=DPSP
~None of these
}
Life of Lokha Sabha was increased from 5 to ___ years{
=6 years
~7 years
~9 years
~10 years
}
44th Constitutional Amendment Act came into force in ___{
~1972
~1976
=1978
~1980
}
____ was restored to 5 years{
~Life of Rajya Sabha
=Life of Lok Sabha
~Life of Both
~None of these
}
73rd Amendment Act 1993 recognised the importance of____{
~Water Commission
=Local Self Govt.
~Central Govt.
~State Govt.
}
Establishment of ____ was the subject matter of 74th Amendment Act.{
~Corporations
=Municipalities
~High Court
~None of these
}
Reservation in promotion to SC ‘s & STs is permitted _____{
~Article 16
~Article 15 (4)
=Article 16 (4-A)
~None of these
}
Article 21 (A) was a gift of ____ Amendment Act.{
~81st
~82nd
=86th
~89th
}
Right to education under Article 21 (A) is now a ____{
~Legal right
~Constitutional Right
=Fundamental Right
~None of these
}
91st Amendment Act 2003 strengthens_____{
=Anti-defection Law
~Preventive Detection Law
~Ordinary property Law
~None of these
}
The total no. of council of ministers including the Prime Minister should not exceed ____{
~10%
~20%
=15%
~30%
}
Test - 2 Question Bank
= Mark indicates correct answer
The Governor of a state is{
~Directly elected by the people
~Elected by the state legislature
=Appointed by the President
~Appointed by the parliament
}
The Governor Powers do not include{
~Legislative powers
=Military powers
~Pardoning powers
~Emergency powers
}
The Governor of a state is responsible for his actions to{
~The state legislative assembly
=The president
~The prime minister
~The chief justice of the high court
}
State Governors are{
=Instruments of control of the centre over the state
~Nominees of the chief minister
~Elected by the Rajya sabha
~None of these
}
Ordinances issued by a state governor are subject to approval of{
~The president of India
~Chief Minister of the state
~Union parliament
=State legislative concerned
}
Who, among the following, is not appointed by the Governor{
~Chief Minister
=High Court judges
~Members of the State Public Service Commission
~Advocate General
}
Legislative council is{
=Not dissolved
}
A High Court Judge retires at the age of{
~65
~63
~60
=62
}
Constitution empowers state governments to make special law for{
=Women and children
~Workers working in the mines
~Farmers
~Unemployed youths
}
President rule is imposed in a state{
=When there is no clear majority
~When state legislative passes a resolution to that effect
~When there is difference of opinion between the Governor and the Chief Minister.
~When the state government doesnt follow the direction given by the Prime Minister.
}
This is not the power of the chief minister{
~Formation of government
~Control over minister
~Chief advisor to the governor
=Control over state judiciary
}
The minimum age for a person to be appointed as the governor of a state is{
=35
~40
~30
~25
}
By convention, the Governor of a state generally belongs to{
~The same state
=Some other state
~The I.A.S. cadre
~The same zone
}
Who among the following holds office during the pleasure of the president?{
=Governor
~Election Commissioner
~Prime minister
~Speaker of the loksabha
}
The executive of the state government comprises the{
~President, Governor and the Chief Minister
~Governor and the Chief Minister
=Governor and the council of ministers
~Chief Minister and his council of ministers
}
Suffrage means{
~The right to suffer
~The right of the citizen to expose the suffering of others
=The right to vote
~None of these
}
Which of the following subjects may never be discussed in a state legislature{
=Conduct of a high court judge
~Conduct of a marshal of the house
~Items of the charged expenditure in the budget
~Conduct of the Governor
}
Who, among the following, can remove a chief minister from office?{
=Governor
~President
~Supreme court of India
}
Election to a state legislature is conducted by the{
~State Governor
~Chief Minister
~Chief Secretary of the state
=Election commission
}
When a state assembly is dissolved, the law making power for the state concerned rests with the{
~State Governor
=Union Parliament
~President of India
}
The Chief Minister remains in power as long as he enjoys the confidence of the{
~Prime minister
~Governor
=State legislative assembly
~people of the state
}
Members of the council of ministers are appointed by{
~Chief Minister
~Governor
=Governor on the advice of the chief minister
}
A joint sitting of the Vidhana Sabha and vidhana parishat of a state is presided over by the{
~Chief minister
~Chairman of the vidhana parishad
~Speaker of the vidhana sabha
}
The authority to dissolve a state legislative assembly is vested in the{
~Chief minister of a state
~ Speaker of the state assembly
~President of India
=State governor
}
A few members of the legislative council are nominated by the{
~Chief minister
~Chairman of the legislative council
~President of India
}
Total members in the Legislative Council should not be less than{
~250
~80
~20
=40
}
Governor will act as per the advice of the council of Ministers while{
~Giving assent to a bill
~Dissolving the Legislative Assembly
~Recommending Presidents Rule
=Appointing the advocate General
}
The number of ministers, including the chief minister, in a state shall no be less than{
~15
=12
~10
~5
}
The number of ministers including the chief minister shall not exceed____ of the total number of
M.L.A.s{
~25%
~30%
=15%
~20%
}
The Chief Minister of state is{
~Elected directly by the people
~Selected by the President of India
~Selected by hid party President
=Elected by the Members of the Legislative Assembly
}
The Chief Minister is answerable for his acts of omission and commission to{
~The People
~His party
=Legislative Assembly
~Investigation
}
Budget of a State Government is based on{
=The vision of the council of Ministers
~The preparation of the official of the state
~The direction of the central Government
~The direction of World Trade Organization
}
The position of the chief minister in council of ministers is{
=the first among equal
~the supreme commander
~the virtual dictator
~no difference at all with regard to position & status
}
To become a judge of the High Court one must be a practicing advocate of the High Court for at
least{
~20 years
=10 years
~15 years
~5 years
}
The judges of a High Court are{
=Liable to be transferred
~Not liable to be transferred
~Liable to be transferred once in 2 years
~None of these
}
The Chief Justice of a High Court gets a salary of{
~Rs. 56,000
=Rs. 90,000
~Rs. 75,000
~Rs. 80,000
}
High Courts have original jurisdiction in{
=Admirality
~Civil matters
~Criminal matters
~Matters not related will or divorce
}
High courts have appellate jurisdiction in{
~Civil matters
~Criminal matters
=Both criminal and civil matters
~Constitutional matters
}
The decision of a High Court over rules the decision of{
=all other lower courts
~is not binding on all other lower courts
~it just a matter of reference to lower courts
~none of these
}
Public interest litigation can be entertained by a High court whenever{
~the public is irresponsible
~the public neglect the Governments interests
=the public interest is undermined
~the public interest becomes personal interest of the high court
}
The high court has{
=The power of superintendence over all other lower courts
~The power to create lower courts
~The power to disengage the business of a lower court
~The power to dissolve all or any lower court
}
Judicial activism is{
=for the protection of the Rights of the citizens
~for curtailment of the power of the Government
~for the curtailment of active organization
~for the follow up of the courts directions
}
The independence of judiciary is necessary{
=effectively act as a guardian of peoples rights
~to curb the powers of the Executive
~to discipline the behaviour of the legislature
~to encourage the media to counter the wrong decisions of the government
}
The Judiciary is{
=A part of the Government
~Nothing to do with the Government
~Independent of Government
~Against the Government
}
The judiciary is provided by{
=The Constitution
~The people
~The Government
~United Nations Organisation
}
The best test of excellence of Government is the efficiency of its executive{
~The efficiency of its executive
~The efficiency of its legislative
=The efficiency of its Judicial system
~All of these
}
The Judges of the High Court are{
~Appointed by the Chief Minister
~Appointed by the Speaker of the Vidhana Sabha
=Appointed by the President of India
~Appointed by the Governor
}
Judicial Review means{
=Reviewing the laws passed by the legislature
~Examining the actions of the Executive
~Scrutinizing the lower courts order
~Supervising the implementation of the D.P.S.P
}
The Supreme Court has the Power to{
~Create High Courts
~Create the Whole Judicial system
~Supervise and control the High Court
=None of these
}
To become a chief minister of a state one must have attained the age of{
=25 years
~30 years
~35 years
~40 years
}
The list of SCs & STs is drawn by{
~Governor
=President
~Prime Minister
~None of these
}
There can be reservation of seats in Lok Sabha & State Legislative Assemblies for SCs amd STs is
contained in{
~Article 352, 360
~Article 356, 359
=Article 330, 332
~None of these
}
Article 243 (D) & 243 (T) provides for reservation of seats for SCs and STS in{
~Lok Sabha
~Rajya Sabha
=Panchayat Raj
~Vidhana Sabha
}
Under Article 338____ can be established for the SCs and STs{
=National Commission
~Human Rights courts
~Civil Courts
~None of these
}
National Commission for SCs & STs shall have all the power of a{
~High Court
~Supreme Court
=Civil Court
~Criminal Court
}
Special Provisions for Scs and Sts are also contained in{
~Part I & II of the constitution
=Part III & IV of the constitution
~Part X of the constitution
~Part of XVI of the constitution
}
___ Provides for grants-in-aid to the state for promoting the welfare of the SCs & STs{
~Article 280
=Article 275
~Article 249
~Article 300
}
The legally permissible age for marriage of a boy & girl is{
=21 & 18 years
~16 & 18 years
~25 & 23 years
~None of these
}
Practices derogatory to the status of women is renounced under
=Article 51 A (e)
~Article 32
~Article 50
~None of these
}
Right to education has been guaranteed to children between the age of{
=6-14 years
~7-12 years
~8-10 years
~None of these
}
The term backward class implies backwardness{
=Socially & educationally
~Economically
~Culturally
~None of these
}
Backward classes commission is appointed by the{
~Prime Minister
=President
~Governor
~Chief Minister of all states
}
Types of emergencies provided in the Indian Constitution is{
~4
~5
~6
=3
}
The power to declare emergency is vested in the{
~Prime Minister
=President
~Governor
~Chief Minister
}
National Emergency may be declared on the ground of{
~Political instability
=War
~Natural calamities
}
National Emergency may be declared on ____grounds{
~5
~2
~6
=3
}
National Emergency may be declared under the following Article{
~360
~2
=352
~375
}
National emergency can be declared when the cabinet communicates to the president{
~Orally
=In writing
~Either orally or in writing
~None of these
}
Proclamation of emergency must be laid before{
=Both the Houses of the Parliament
~Either House of the Parliament
~Before the supreme court
~None of these
}
Proclamation of National Emergency must be approved within{
~2 months
=1 Month
~6 Months
~1 year
}
A resolution approving the proclamation must be passed by{
~Simple majority
=Special Majority
~Either special or simple majority
~None of these
}
Once approved, proclamation of emergency remains in force for{
~1 Year
~6 Years
=6 months
~3 months
}
Proclamation of emergency may be varied or cancelled by the{
~Lok sabha
~Rajya Sabha
~Supreme Court
=President
}
Proclamation of emergency at the first instance remains in force for{
~6 months
=1 month
~3 months
~2 months
}
During Emergency the states can be given directions by the{
~Supreme Court
~Centre
=Parliament
~None of these
}
During emergency, there is automatic suspension of rights guaranteed under{
~Article 14
~Article 21
=Article 19
~Article 18
}
President can suspend the enforcement of fundamental Rights except{
~Article 14 & 19
~Article 18 & 20
~Article 21 & 22
=Article 20 & 21
}
So far National Emergency has been declared____ times in India{
~Five
~Six
=Three
~One
}
State emergency is also called as{
=Presidents rule
~Prime Minister Rule
~Governors Rule
~Chief Justice Rule
}
State Emergency can be declared when there is{
~War
=Failure of Constitutional machinery in states
~Financial Crisis
~None of these
}
President can impose State emergency when he receives a report from the{
~Chief Minister
=Governor
~Chief Justice
~Attorney General
}
During State Emergency the President exercises the power of the{
~Chief Minister
~Prime Minister
=Governor
~Chief Justice
}
Financial Emergency may be declared when there is ________{
=Financial instability
~War
~None of these
}
The duration of financial emergency is _______{
~6 months
=2 months
~3 months
~1 year
}
Federal constitutions means a constitution in which powers are divided between the___{
=Central & state
~States only
~People & States
~None of these
}
The new ground of emergency added in 1978 to Article 352 was____{
~War
~External Aggression
=Armed Rebellion
~Internal Disturbance
}
The powers to superintendent, direct & control elections is vested in the______{
~Planning commission
~Finance Commission
=Election Commission
~None of these
}
Election commission is _____ member commission{
~Single
~Double
=Multi
~Four
}
The conditions of services of the election commissioners may be determined by the___{
~Prime Minister
~Governor
=President
}
The removal of Chief Election Commissioner may be on grounds similar to that of ____{
~Judge of a High Court
=Judge of the Supreme Court
~Attorney General of India
~Governor of a State
}
Election Commissioners are appointed by the____{
~Prime Minister
=President
~None of these
}
Every citizen of the age of ____ years is eligible to vote in an election{
~21 years
~16years
~25 years
=18 years
}
No. of rolls in a territorial constituency shall be ___{
~Two
=One
~Three
~Unlimited
}
Seats are reserved in favour of ___{
=SC & ST
~Aged persons
~Sick persons
~Disabled persons
}
No. of seats to be reserved for Anglo Indian community in Lok Sabha is ___{
~Three
=Two
~One
~Unlimited
}
The term of office of Election Commissioner is ___{
~1 Year
~2 years
~5 years
=6 years
}
The members of the Anglo Indian community are nominated by the ____{
~Chief Minister
~Prime Minister
=President
}
___ no. of days are allowed to file nomination{
~7 days
=8 days
~30 days
~15 days
}
No. of days allowed to withdraw nomination papers is ___{
~1 day
~3 days
=2 days
~15 days
}
No. of days allowed for campaigning{
~10 days
~30 days
~15 days
=20 days
}
Election disputes can be adjudicated only by____{
=High Court
~Criminal Court
~Election Commission
~Civil Court
}
Constitutions are classified into ____{
~Rigid
~flexible
=Rigid & flexible
~None of these
}
The method of amending rigid constitution is by ___{
~Simple majority
=Special majority
~Cannot be amended
~None of these
}
Procedure to amend the constitution is contained in____{
~Article 268
=Article 368
~Article 338
~None of these
}
No. of methods of amending the constitution ____{
~Two
~One
=Three
~Four
}
Consent by states for amending the constitution is known as ____{
~Resignation
=Ratification
~Registration
~None of these
}
42nd Amendment Act came into force in{
~1956
~1960
=1976
~1978
}
The words added to the preamble by 42nd amendment were{
~Socialist only
~Secular only
~Integrity only
=All of these
}
Which among the following were given supremacy over fundamental rights.{
~Fundamental duties
~Citizenship
=DPSP
~None of these
}
Life of Lokha Sabha was increased from 5 to ___ years{
=6 years
~7 years
~9 years
~10 years
}
44th Constitutional Amendment Act came into force in ___{
~1972
~1976
=1978
~1980
}
____ was restored to 5 years{
~Life of Rajya Sabha
=Life of Lok Sabha
~Life of Both
~None of these
}
73rd Amendment Act 1993 recognised the importance of____{
~Water Commission
=Local Self Govt.
~Central Govt.
~State Govt.
}
Establishment of ____ was the subject matter of 74th Amendment Act.{
~Corporations
=Municipalities
~High Court
~None of these
}
Reservation in promotion to SC ‘s & STs is permitted _____{
~Article 16
~Article 15 (4)
=Article 16 (4-A)
~None of these
}
Article 21 (A) was a gift of ____ Amendment Act.{
~81st
~82nd
=86th
~89th
}
Right to education under Article 21 (A) is now a ____{
~Legal right
~Constitutional Right
=Fundamental Right
~None of these
}
91st Amendment Act 2003 strengthens_____{
=Anti-defection Law
~Preventive Detection Law
~Ordinary property Law
~None of these
}
The total no. of council of ministers including the Prime Minister should not exceed ____{
~10%
~20%
=15%
~30%
}

Cse-I-Constitution of India & Professional Ethics (15cip18) - Notes

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Cse-I-Constitution of India & Professional Ethics (15cip18) - Notes

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Constitution of India, Professional Ethics & Human Rights 15CPc18

CONSTITUTION OF INDIA, PROFESSIONAL ETHICS

Subject Code: 15CPH18 I A MARKS: 10

No. of lecturing hours/week: 2Hrs Exam hours: 2 Hrs

Total No. of lecturing hours: 25Hrs Exam Marks: 40

Cyber Crimes and cyber Laws

1. To provide basic information about Indian constitution.

After study of the course, the students are able to

 Understand state and central policies, fundamental duties

 Understand Electoral Process, special provisions

 Understand powers and functions of Municipalities, Panchayat and Co operative Societies.

 Understand Engineering ethics and responsibilities of Engineers.

 Have awareness about basic human rights in India

Dept. of humanities.,MITM Page 2

 ‘An Introduction to the Constitution of India’ by M V Pylee, Vikas Publishing. 2002

Dept. of humanities.,MITM Page 2

1. Special Provision for SC & ST 38 - 39

1. Honesty, Integrity & Reliability in Engineering 57 - 59

Dept. of humanities.,MITM Page 3

Making of The Constitution

Mile stones in the Development of Constitution:

Dept. of humanities.,MITM Page 4

1. Mile stones in the Development of Constitution

2. British Paramountcy End of company rule:

3. Congress in Extremist phase:

5. Govt. of India Act 1935 Back bone of our Present Constitution:

6. Demand for a constituent assembly :

7. Cripps Mission Acceptance of demand:

8. Cabinet Mission 1946 formation of Constituent assembly:

9. Joint Constitution assembly for India & Pakistan.:

10. Mountbatten plan Indian independence Act 1947.:

11. Constituent assembly of India:

12. Drafting of Constitution. :

Salient features of the Constitution of India.

The following are the salient features of the Constitution of India.

Dept. of humanities.,MITM Page 5

1. Longest written constitution

(2) Partly Rigid and Partly Flexible

4) Parliamentary System of Government

7) Directive Principles of State Policy

10) An Independent Judiciary

11) Single Citizenship

Dept. of humanities.,MITM Page 7

PARTS OF THE CONSTITUTION

SCHEDULES TO INDIAN CONSTITUTION

• Third Schedule: Forms of Oaths or Affirmations are mentioned in this Schedule.

• Fifth Schedule: Provisions as to the Administration and Control of Scheduled Areas

Dept. of humanities.,MITM Page 8

• Tenth Schedule: Provisions as to disqualification on ground of defection for the Members

• Twelfth Schedule: Powers, authority and responsibilities of Municipalities are defined in

JUSTICE, social, economic and political;

LIBERTY of thought, expression, belief, faith and worship;

EQUALITY of status and of opportunity;

IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY

Six Fundamental Rights

15. Prohibition of discrimination on grounds of religion, race, caste, sex or place

16. Equality of opportunity in matters of public employment.—

Dept. of humanities.,MITM Page 9

17. Abolition of Untouchability.—―Untouchability‘‘ is abolished and its practice in any form is

19. Protection of certain rights regarding freedom of speech, etc.—

22. Protection against arrest and detention in certain cases. —

Dept. of humanities.,MITM Page 10

Right against Exploitation