TEST- 2 | CODE-221102 | POLITY | TEST DATE- 27 DEC 2024 |FORUM IAS SFG LEVEL 1 SHORT NOTES

executive/legislature, aim to remind citizens of (Article 32) for violations. Example: challenging air
responsibilities. pollution under Article 21.
Q25: Q30:
 Rights and Duties: Often considered correlative,  Article 29 (Protection of Interests of Minorities):
but Protects the distinct language, script, or culture of
not explicitly structured that way in the original any section of citizens, not just minorities.
Indian Constitution.  Article 29 protects all sections of citizens,
 A right is often against someone with a including both minorities and majorities (TMA Pai
corresponding duty. Case, 2002).
 Fundamental Duties (Part IVA, Article 51A) were  Article 30 (Right of Minorities to Establish and
added in 1976 to emphasize citizen obligations in Administer Educational Institutions): Specifically
exchange for Fundamental Rights. grants this right to all minorities (religious or
Q26: linguistic).
 Marxism vs. Liberalism:  Article 30's rights are specifically for minorities,
 Marxism aims for a stateless society (after not the majority community.
communism). Liberalism supports a limited but  Article 30(1) recognizes the right of all minorities
essential state for rights, property, order. (religious or linguistic) to establish and administer
 Liberalism values private property as fundamental. their own educational institutions. The
Marxism advocates for collective ownership of Constitution recognizes religious and linguistic
production means. minorities, though "minority" isn't explicitly
 Liberalism supports free market economies with defined.
minimal intervention. Marxism advocates for Q31:
common ownership and equal distribution, Habeas Corpus (Writ of Liberty)
rejecting the capitalist market.  Issued to release someone from unlawful
Q27: detention (by State or private person).
 Affirmative Action: Policies giving preference to  Not issued if detention is lawful.
historically marginalized groups to address  Part of writs under Article 32 and 226.
inequalities. "Positive discrimination" to level the  Other writs:
playing field. o Mandamus – "We command"
 Aims to provide opportunities these groups might o Prohibition – "To forbid"
lack due to historical/systemic issues (education, o Certiorari – "To be informed"
employment, etc.). o Quo Warranto – "By what authority"
 Based on substantive equality (recognizing Q32:
unequal starting points), unlike formal equality Article 32 – Right to Constitutional Remedies
(treating everyone the same). Aims for equitable  Dr. Ambedkar: "Heart and soul of the Constitution".
outcomes.  Can approach Supreme Court directly for
 Can include targeted investments in Fundamental Rights (FRs).
underfunded/neglected marginalized communities  Only for FRs, not ordinary rights.
(education, healthcare, housing).  High Courts (Art. 226): Can enforce FRs + ordinary
Q28: legal rights.
 Directive Principles of State Policy (DPSP): Part IV,  During National Emergency:
guides state policy. o Art. 358: Art. 19 suspended (war/external
 Prohibit intoxicating drinks/drugs injurious to aggression).
health is explicitly in Article 47 (DPSP). o Art. 359: President may suspend
 Claims of SC/ST for services are in Article 335 enforcement of FRs except Art. 20 & 21
(special provisions), not Part IV (DPSP). (post 44th Amendment, 1978).
 Instruction in mother tongue for linguistic Q33:
minorities is in Article 350A (linguistic safeguard), Directive Principles of State Policy (DPSPs)
not Part IV (DPSP).  Part IV (Art. 36–51), inspired by Irish Constitution.
Q29:  Aim: Social & Economic democracy (vs. Political
 Fundamental Rights (Part III, Articles 12-35): democracy via FRs).
Justiciable rights guaranteed to all citizens.  Called “Instrument of Instructions” (Govt. of India
 The doctrine of Waiver does not apply to Act, 1935).
Fundamental Rights in India (Behram Khurshed  Non-enforceable, but fundamental to governance.
Pesikaka vs The State of Bombay, 1954). Q34:
Individuals cannot waive them. FR vs DPSP – Landmark Cases
 The Constitution ensures Fundamental Rights are
not violated by the State and provides remedies
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 TEST- 2 | CODE-221102 | POLITY | TEST DATE- 27 DEC 2024 |FORUM IAS SFG LEVEL 1 SHORT NOTES
1. Madras v. Champakam (1951) – FRs prevail over  Article 23: Prohibits human trafficking, begar,
DPSPs. forced labour (by State or private). Punishable by
2. Golaknath (1967) – FRs can't be amended to law. Applicable to citizens & non-citizens.
implement DPSPs.  Article 24: Prohibits child labour (below 14 yrs) in
3. Kesavananda Bharati (1973) – FRs can be hazardous industries. Innocent work allowed.
amended but not violate Basic Structure.
 Note: Untouchability (Art 17) and protection of
Q35:
minorities (Art 29) are part of Equality and Religion
Article 356 – President’s Rule
Rights.
 Invoked when State govt. fails to function per Q42.
Constitution. Fundamental Duties (Article 51A, Part IVA)
 On Governor’s report or Union Cabinet's advice.  Introduced by 42nd Amendment Act (1976).
 State Assembly may be dissolved/suspended.  Total of 11 duties, one added by 86th Amendment
 Requires Parliamentary approval every 6 months. Act (2002).
 Max duration: 3 years with conditions.  Key Duties: Promote harmony, renounce practices
Q36: derogatory to women, develop scientific temper,
FR vs DPSP – Differences etc.
 FRs: Negative obligation (State must not act  Not Included: Duty to vote, pay taxes, family
unjustly). planning.
 DPSPs: Positive obligation (State must act for  Article 45 (DPSP): Early childhood care till 6 years
welfare). of age.
 FRs: Automatically enforceable (e.g., Art. 19). Q43.
 DPSPs: Need laws for implementation (e.g., Ninth Schedule & Article 31B
Minimum Wages Act).  Added by 1st Constitutional Amendment Act
 FRs can override laws (Art. 13); DPSPs can't. (1951) to protect land reform laws from judicial
Q37: review.
Definition of "State" (Art. 12 & 36)  Article 31B: Laws in Ninth Schedule immune from
 Includes: Govt. bodies (Centre & State), District Fundamental Rights challenge.
Boards, LIC, Panchayats – all are "State".  I.R. Coelho Case (2007): Judicial review allowed for
 Judiciary is “State” only in administrative capacity, post-1973 laws violating Articles 14, 19, 21.
not while performing judicial functions. Q44.
Q38: Padma awards not “titles” under Article 18.
Martial Law  Cannot be used as prefixes/suffixes.
 Not defined in Constitution; implies military rule  Article 18: Abolishes hereditary titles (e.g.,
during crisis. Maharaja, Nawab), permits military/academic
 Does not suspend Habeas Corpus by default. titles (e.g., Professor).
 Borrowed from English common law, not Germany. Q45.
Q39: Article 21 – Right to Life and Personal Liberty
Article 43 – DPSP  No deprivation of life/personal liberty except by
 Ensures living wage, decent work conditions, procedure established by law.
leisure, and promotion of cottage industries.  Maneka Gandhi Case (1978): Procedure must be
 Living wage ≠ Minimum wage: just, fair, and reasonable.
o Living wage: Enough for basic needs.  Includes reproductive rights (e.g., Suchitra
o Minimum wage: Legal minimum, may be Srivastava case).
less than living wage.  Applies to undertrial prisoners’ rights.
Q40: Q46.
Article 14 – Equality before Law Uniform Civil Code (UCC) – Article 44
 Applies to all persons, citizens or foreigners.  Directive under Article 44 (DPSP): Uniform laws for
 “Equality before law”: Same law for all. all on marriage, divorce, inheritance, adoption.
 “Equal protection”: Different treatment for  Goa follows UCC (Portuguese Civil Code 1867);
different circumstances (e.g., juveniles). Uttarakhand recently implemented UCC
 Borrowed from: (exceptions for Scheduled Tribes).
o Equality before law – UK (Dicey)  Fragmented personal laws violate Article 14
o Equal protection – USA (14th (equality).
Amendment) Q47.
Q41.
Right Against Exploitation (Articles 23 & 24)
National Awards & Article
 Balaji 18 Case (1996): Bharat Ratna,
Raghavan

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TEST- 2 | CODE-221102 | POLITY | TEST DATE- 27 DEC 2024 |FORUM IAS SFG LEVEL 1 SHORT NOTES
Judicial Review
 Power of SC & HCs to review constitutionality of
laws/executive actions.
 Exercised via Article 32 (SC) & Article 226 (HC).
 Maneka Gandhi Case expanded Article 21
protection to arbitrary laws.
 Judicial review is a basic feature of Constitution.
Q48.
Directive Principles of State Policy (DPSPs)
 Part IV (Articles 36–51). Non-justiciable but
essential for governance.
 Categories:
o Socialistic (e.g., social justice)
o Gandhian (e.g., village panchayats, cottage
industries)
o Liberal-Intellectual (e.g., uniform civil
code)
 Inspired by Irish Constitution.
 Article 37: Not enforceable in court but
fundamental to governance.
 Examples:
o Art 40: Village Panchayats – 73rd
Amendment
o Art 43: Cottage Industries – KVIC Act, 1956
o Art 50: Separation of Judiciary – CrPC,
1973
Q49.
Article 19(1)(a) – Freedom of Speech and Expression
 Right to express opinions via any medium.
 Reasonable Restrictions (Art 19(2)): Sovereignty,
public order, decency, contempt of court,
defamation, incitement to offence.
 Not Valid Restrictions: Public health, protection of
Scheduled Tribes.
Q50.
Article 37 – Nature of DPSPs
 Not enforceable by courts, but fundamental to
governance.
 State has a duty to apply DPSPs when making laws.

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 Test Number 3

This test is of CSAT and hence making the short notes of

it was not useful at any point.

So, we have not made it

The next test is Test number 4

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 Q1.
 Parliament can legislate on State List matters to implement international treaties without
state consent.
 This power enables the Central government to
meet international obligations.
 Examples include laws on UN privileges, Geneva Conventions, anti-hijacking,
environment, and TRIPS.
Q2. A
 India is described as a 'Union of States' in Article 1, not a 'Federation of States'.
 This is because the Indian federation wasn't an agreement between states, but a unitary
declaration by the Constituent Assembly, and states have no right to secede, making it an
indestructible union.

 "Land" is in the State List.

Q3.  "Education" is in the Concurrent List.
 "Posts and telegraphs; telephones, wireless, broadcasting and other like forms of
communication" are in the Union List.
Q4.
 "Holding office during the pleasure of the President" means the President can appoint
and remove certain officials without specific reasons, often on the advice of the Council of
Ministers.
 Attorney General holds office during the pleasure of the President.
 Governor holds office for a five-year term subject to the President's pleasure.
 Central Information Commissioner has a fixed tenure and a specific removal process.
 Joint State Public Service Commission members can only be removed through a formal
process involving a Supreme Court inquiry.

 CDS is the Permanent Chairman of the Chiefs of Staff Committee.

Q5.  CDS acts as the Principal Military Advisor to the Raksha Mantri on Tri-Service matters.
 CDS does not exercise military command over the three Service Chiefs.
Q6.
 All-India Services are common to the Centre and States, with ultimate control by the
Centre and immediate control by the serving state; states cannot remove these officers.
Q8.
 Article 33 empowers Parliament to restrict fundamental rights for members of the Armed
Forces and intelligence organizations.
Q7.
Sarkaria Commission (1983): Reviewed Centre-State relations, recommended consulting