Read the following passage and answer the questions from 111 - 115:
The Constitution of India came into force on January 26, 1950. It is a comprehensive document. Apart from dealing with the structure of Government, the Constitution makes detailed provisions for the rights of citizens and other persons in a number of entrenched provisions and for the principles to be followed by the State in the governance of the country, labelled as ”Directive Principles of State Policy”. All public authorities - legisla- tive, administrative and judicial derive their powers directly or indirectly from the Constitution which in turn derives its authority from the people. The freedoms under Article 19 are those great and basic rights which are recognized as the natural rights inherent in the status of a citizen. At the same time, none of these freedoms are absolute but subject to reasonable restrictions specified under sub-clauses (2) to (6) of Article 19 of Indian Constitution. The Sub-committee on Fundamental Rights constituted by the Constituent Assembly suggested two types of Fundamental Rights - one which can be enforced in the Courts of law and the other which because of their different nature cannot be enforced in the law courts. Later on, however, the former were put under the head ‘Fundamental Rights’ as Part III and the later were put separately in Part IV of the Constitution under the heading ‘Directive Principles of State Policy’. The Articles included in Part IV of the Constitution (Articles 36 to 51) contain certain Directives which are the guidelines for the Government to lead the country. Article 37 provides that the ‘provisions contained in this part (i) shall not be enforceable by any Court, but the principles therein laid down are nevertheless (ii) fundamental in the governance of the country and it shall be the duty of the state to apply these principles in making laws. Article 51A imposes the fundamental duties on every citizen of India Since the duties are imposed upon the citizens and not upon the States, legislation is necessary for their implementation. Fundamental duties can’t be enforced by writs.
Which of the following is the real source of the Constitution of India?
Show Hint
- The people
- Parliament
- Supreme Court
- Constituent Assembly
The Correct Option is A
Approach Solution - 1
The Constitution derives its authority from the will of the people.
The people gave the Constitution its legitimacy by adopting it through the Constituent Assembly.
The ultimate source of the Constitution lies in the collective will of the Indian citizens.
Approach Solution -2
The Constitution of India derives its authority and legitimacy from the people of India. It is a document created by the representatives of the people during the Constituent Assembly, reflecting the collective will and aspirations of the nation.
Unlike monarchies or authoritarian regimes where constitutions may be imposed from above, the Indian Constitution is based on the principle of popular sovereignty. This means that all powers of governance and law-making emanate from the people, who entrust these powers to various organs of the state through the Constitution.
All public authorities, including legislative, administrative, and judicial bodies, operate under the powers granted to them by the Constitution, which in turn rests on the consent of the people.
This foundational principle is reflected in the Preamble of the Constitution which begins with “We, the People of India,” signifying that the Constitution belongs to the people and is enacted for their welfare.
Conclusion:
Therefore, the real source of the Constitution of India is the people, making it a democratic and sovereign document.
Which part of the Indian Constitution is fundamental in the governance of the country?
Show Hint
- Fundamental Rights
- Directive Principles of State Policy
- Fundamental Duties
- Centre-State Relations
The Correct Option is B
Approach Solution - 1
These principles are non-enforceable but are fundamental to the governance of India and guide the government in making laws and policies.
They reflect the aspirations of the people and help in creating a social welfare state.
Approach Solution -2
The Directive Principles of State Policy, enshrined in Part IV (Articles 36 to 51) of the Indian Constitution, are fundamental guidelines for the governance of the country.
While these principles are not enforceable by any court as per Article 37, they are considered fundamental in the governance of the country and serve as directives to the State in making laws and policies.
These principles aim to establish social and economic democracy by guiding the government to secure a just society, ensure welfare, and promote the common good.
Thus, the Directive Principles act as a beacon for policy-making, reflecting the aspirations and values that the State strives to achieve.
Conclusion:
Therefore, the Directive Principles of State Policy are the part of the Indian Constitution that is fundamental in the governance of the country.
Whether Fundamental Rights and Fundamental duties can be enforced by invoking writ jurisdiction?
Show Hint
- Both Fundamental Rights and Fundamental Duties are enforceable
- Only Fundamental Rights are enforceable
- Only Fundamental Duties are enforceable
- Fundamental Duties are to be followed by the State
The Correct Option is A
Approach Solution - 1
The enforceability of these rights and duties is fundamental for the proper functioning of democracy and the legal system.
Approach Solution -2
Enforceability of Fundamental Rights and Fundamental Duties:
Under the Indian Constitution, Fundamental Rights are guaranteed to citizens and are enforceable by the courts. Citizens can approach the judiciary by invoking writ jurisdiction to seek protection and enforcement of these rights. This means that if a Fundamental Right is violated, an individual has the legal remedy to challenge it in court.
On the other hand, Fundamental Duties, as outlined in Article 51A, are moral obligations imposed on citizens to promote a spirit of patriotism and uphold the unity of the country. These duties are not legally enforceable in the same way as Fundamental Rights. Courts cannot enforce Fundamental Duties through writs or legal proceedings.
Therefore, while Fundamental Rights are legally enforceable and can be invoked through writ jurisdiction, Fundamental Duties are not enforceable by courts but serve as guiding principles for responsible citizenship.
Conclusion:
Fundamental Rights are enforceable through writ jurisdiction. Fundamental Duties are non-enforceable moral obligations and cannot be legally enforced by courts.
All Judicial Authorities directly or indirectly derive their powers from ____.
Show Hint
- Constitution of India
- Legislature
- Government
- Constituent Assembly
The Correct Option is A
Approach Solution - 1
The Constitution grants power to the judiciary to uphold the rule of law and administer justice.
Approach Solution -2
All judicial authorities in India, including the Supreme Court, High Courts, and subordinate courts, derive their powers directly or indirectly from the Constitution of India.
The Constitution is the supreme legal document of the country and provides the framework for the functioning of all branches of government — legislative, executive, and judicial.
It lays down the structure, powers, and duties of the judiciary, ensuring the independence of the courts and the rule of law.
Through various articles, especially in Part V and Part VI, the Constitution empowers judicial bodies to interpret laws, enforce fundamental rights, and administer justice.
Conclusion:
Therefore, the powers of all judicial authorities in India are derived from the Constitution of India, which derives its authority from the people.
Which of the following statements is True?
Show Hint
- Fundamental rights are absolute
- Some fundamental rights are absolute and some are not
- Fundamental rights are not absolute, they have reasonable restrictions
- Fundamental rights are unenforceable
The Correct Option is C
Approach Solution - 1
This ensures that the rights of individuals do not infringe upon public order, morality, or other key interests.
Approach Solution -2
The Constitution of India guarantees various Fundamental Rights to its citizens under Part III. These rights include freedoms such as speech and expression, assembly, movement, and religion.
However, these Fundamental Rights are not absolute. Article 19 of the Constitution explicitly states that the freedoms granted under this article are subject to reasonable restrictions for purposes such as security of the state, public order, morality, and protection of rights of others.
These restrictions are necessary to balance individual freedoms with the interests of the society and the nation as a whole.
Therefore, while citizens enjoy these fundamental freedoms, the Constitution empowers the State to impose restrictions that are justifiable and essential.
Conclusion:
The true statement is that Fundamental rights are not absolute; they have reasonable restrictions as provided under the Indian Constitution.
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