Question Discussion & Solution

The correct answer is the Preamble and the Directive Principles of State Policy.

PREAMBLE:

1. It is a short introduction to the Indian Constitution.
2. According to the Preamble-

   Ø  The source of authority of the Indian Constitution lies with the Indian people.

   Ø  India is a Sovereign, Socialist, Secular, Democratic, and Republic nation.

   Ø  Objectives - to secure justice, liberty, equality to all citizens and promote fraternity so as to maintain unity and integrity of India.

3. The Preamble of the Indian Constitution secures the Social, Economic, and Political Justice of its people.
4. The Preamble of the Indian Constitution gives Liberty of Thought, Expression, Belief, Faith, and Worship to its people.
5. The Preamble of the Indian Constitution gives  Equality of Status and Opportunity to its people.

DIRECTIVE PRINCIPLES OF STATE POLICY (DPSP):

1. These are the 15 guidelines given to the federal institutes governing the State of India that are to be kept under consideration while forming the laws.
2. These are moral obligations and not the legal bindings on the state authorities.
3. Articles 36-51 in Part IV of the Indian Constitution contain the DPSP.
4. Borrowed from the Irish Constitution.
5. As per Article 38 of the DPSP, the state shall strive to promote the welfare of the people of India by securing and protecting their Social, Economic, and Political justice.

The correct answer is  Suryakant.

Key Points

• Suryakant is the Chief Justice of the High Court of Himachal Pradesh from 5 October 2018 to 24 May 2019.
• Suryakant is also a former Judge of Punjab and Haryana High Court.
• He is also a judge of the Supreme court.
• Justice Surya Kant took oath as a judge of the Supreme Court of India on 24 May 2019.

Important Points

• Justice V. Ramasubramanian was the Chief Justice of Himachal Pradesh from 22 June 2019 to 22 September 2019.
• From 6 October 2019, Lingappa Narayana Swamy is the chief justice of Himachal Pradesh.
• Himachal Pradesh high court was established in 1971.

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 Neither 1 nor 2.

Key Points

• Role of the commission:
  • From the above, it is clear that the functions of the commission are mainly recommendatory in nature.
  • It has no power to punish the violators of human rights, nor to award any relief including monetary relief to the victim. Hence, statement 1 is not correct.
  • Notably, its recommendations are not binding on the concerned government or authority. Hence, statement 2 is not correct.
  • But, it should be informed about the action taken on its recommendations within one month.
  • In this context, a former member of the Commission observed: 
    • The government cannot wash away the recommendations made by the Commission.
    • The commission’s role may be recommendatory, advisory, yet the Government considers the cases forwarded by it.
    • It is, therefore, improper to say that the commission is powerless.
    • It enjoys great material authority and no government can ignore its recommendation’.
    • Moreover, the commission has a limited role, powers and jurisdiction with respect to the violation of human rights by the members of the armed forces.
    • In this sphere, the commission may seek a report from the Central government and make its recommendations.
    • The Central government should inform the Commission of the action taken on the recommendations within three months.
    • The commission submits its annual or special reports to the Central government and to the state government concerned.
    • These reports are laid before the respective legislatures, along with a memorandum of action taken on the recommendations of the commission and the reasons for non-acceptance of any of such recommendations.

The Correct answer is option 3 i.e. 1 and 3 only