Question Discussion & Solution

The correct answer is Part IVA.

Key Points

• Part IVA
  • Part IVA of the Indian Constitution relates to Fundamental Duties and is given in article-51 (a).
  • Fundamental Duties are taken from the Constitution of Russia.
  • The Fundamental Duties of citizens were added to the Constitution by the 42nd Amendment in 1976 on behalf of the Swaran Singh Committee recommendations.
  • These duties tell us of the national aims & the basic models of political order and they also motivate us to learn a sense of social responsibility.
  • Originally, the Constitution of India did not contain fundamental duties but today we have 11 fundamental duties.
  • Fundamental duties are applicable only to citizens and not to the aliens.
  • India borrowed the concept of Fundamental Duties from the USSR.

The correct answer is 172.

• Article 172 of the Indian Constitution relates to the tenure of the state legislature.

Key Points

• State Legislature:
  • Articles 168 to 212 in Part VI of the Constitution deals with the organization, composition, duration, officers, procedures, privileges, powers of the state legislature.
  • States having bicameral legislatures are Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra, and Karnataka. 
    • {Trick to Remember- KUMBAT- Karnatak, Uttar Pradesh, Bihar, Maharashtra, Andhra Pradesh, Telangana}
  • The legislature's maximum strength is fixed at 500 and minimum strength at 60.
  • Article 172 deals with the Duration of State Legislatures.

Additional Information 

The correct answer is Freedom from attendance as Witness.

Key Points

• Originally the constitution envisaged two types of privileges under Article 105 of the Indian constitution.
• One is freedom of speech in Parliament and the right of publication of its proceedings.
• The concept of parliamentary privilege in the Constitution of India has been taken from the British Constitution.
• The main motive of these privileges is to uphold the supremacy of the office of the Parliament and its members.
• These rights are also given to those individuals who speak and participate in any committee of the Parliament, which includes the Attorney General of India and the Union Ministers.
• The President, even if he is part of Parliament, does not have parliamentary privileges.

Additional Information

• The collective privileges of Members of Parliament are as follows
  • No person (either a member or outsider) can be arrested and no legal process (criminal or civil) can be initiated within the premises of the house without the permission of the presiding officer of the house.
  • No Court has the right to investigate proceedings of the House or any of its committees.
  • Parliament can exclude guests from its proceedings and in some cases of national interest it can also hold a secret meeting on any important matter.
  • Parliament can punish members as well as outsiders for breach of its privileges or its contempt by reprimand, admonition, or imprisonment (also suspension or expulsion in case of members).
• Individual Privileges of Members of Parliament are as follows
  • When the Parliament is in session, a Member of Parliament or a privileged person may refuse to appear in court or to present any evidence in a court.
  • The members of Parliament can’t be arrested during the session of the Parliament and 40 days before the beginning and 40 days after the end of the session. However, this privilege is available in civil cases only not in criminal cases.
  • No member is liable to any proceedings in any given court for anything said or any vote by him/her in the parliament or its committees.

The correct answer is The British North-American Act.

Key Points

• The concept of "A Union of States in the Indian Constitution" has been derived from The British North-American Act.
• Federation with a strong Centre is what we call A Union of States in the Indian Constitution hence it is taken from the Canadian constitution i.e  The British North-American Act.

Additional Information

• Concept of Concurrent list, Article 108, Joint sitting of the two houses and Freedom of trade and commerce is taken from Australian Constitution.
• Impeachment of the president, Functions of president and vice-president, Removal of Supreme Court and High court judges, Fundamental Rights, Judicial review, Independence of the judiciary, and the Preamble of the constitution of the Indian constitution is taken from the constitution of the USA.
• Centrifugal form of federalism where the center is stronger than the states, Residuary powers vest with the center, Centre appoints the Governors at the states, Advisory jurisdiction of the supreme court of the constitution of the Indian constitution is taken from the constitution of Canada.
• Fundamental duties and ideals of justice (social, economic, and political),  expressed in the Preamble are taken from the constitution of Russia.
• Concepts of Republic and Ideals of Liberty, Equality, and Fraternity (contained in the Preamble) are taken from the constitution of France.
• Fundamental Rights are suspended during Emergencies are taken from the constitution of Germany.
• The election of members of the Rajya Sabha and the Amendment of the Constitution is taken from the constitution of South Africa.
• The concept of procedure established by Law is taken from the constitution of Japan.

The correct answer is Joint session will be held in scheduled time.

Key Points

• Note that if President summons for the joint session of parliament and if in the meantime, Lok Sabha dissolved then the joint sitting takes place despite of the dissolution of the lower house.
• But also note that, if in case of Lok Sabha is dissolved before the summon of joint sitting on a bill by President then the pending bill lapses and there shall be no joint sitting.

Important Points

Joint Sitting of Parliament-

•  Article 108 of the constitution provides for the provision of Joint sessions of both the Houses of Parliament.
• A joint sitting can be summoned by President in case if a bill is passed by one House and forwarded to other house-
  • The other house rejects the bill
  • The house do not agree on the amendments made to the bill
  • More than six months elapsed with the bill being recieved by the other House withougt it being passe.