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Answer: True
Transformative Constitutionalism (South African origin; applied in India): Constitution not just limits state power but actively transforms society to realize justice, equality, dignity. Constitutional Morality enables this: (a) Courts interpret provisions to advance marginalized groups (e.g., Vishaka guidelines on sexual harassment), (b) State obligated to take affirmative action (Articles 15(4), 16(4)), (c) Rights interpreted expansively (Article 21 includes health, education, environment). Balances judicial activism with democratic legitimacy.
Answer: True
Section 33A, R.P. Act (inserted per ADR case, 2002): Candidates must file affidavit with Returning Officer disclosing: (a) Criminal cases pending, (b) Assets/liabilities of candidate and spouse, (c) Educational qualification. Affidavits made public on ECI website. Aims to promote transparency, enable voter scrutiny, deter corruption. However, verification and enforcement of disclosures remain challenges.
Answer: False
While Constitutional Morality is a guiding principle in judicial interpretation (Navtej Singh Johar, Puttaswamy), the Supreme Court has NOT explicitly declared it part of 'Basic Structure' (Kesavananda Bharati doctrine). Basic Structure includes: supremacy of Constitution, republican/democratic form, secularism, federalism, judicial review, rule of law. Constitutional Morality operationalizes these values but remains a judicial interpretive tool, not a formally enumerated basic feature.
Answer: True
Navtej Singh Johar v. Union of India (2018): SC held Constitutional Morality (constitutional values) prevails over social morality (majoritarian views) when they conflict. Example: Decriminalizing homosexuality despite social opposition because Article 14, 15, 19, 21 protect individual dignity and autonomy. Similarly, Shayara Bano (triple talaq), Puttaswamy (privacy) affirm constitutional values over traditional practices violating fundamental rights.
Answer: False
Preamble comparison: (a) India: Preamble is part of Constitution (Kesavananda Bharati case) but not enforceable by itself; used for interpreting ambiguous provisions, (b) USA: Preamble ('We the People...') is introductory statement, not source of power or rights; courts don't enforce Preamble directly. Both Preambles express constitutional philosophy: India - Justice, Liberty, Equality, Fraternity; USA - Form more perfect Union, establish Justice, ensure domestic Tranquility. Guiding values, not enforceable provisions.
Answer: True
Constitutional supremacy: (a) India: Article 13 declares laws inconsistent with Fundamental Rights void; Supreme Court exercises judicial review (Kesavananda Bharati), (b) USA: Supremacy Clause (Article VI) establishes Constitution as supreme law; Marbury v. Madison (1803) established judicial review. Contrast with UK: Parliamentary sovereignty - Parliament can make/unmake any law; courts cannot strike down Acts of Parliament. Constitutional supremacy protects fundamental values from transient legislative majorities.
Answer: False
DPSP comparison: (a) India (Part IV, Articles 36-51): Non-justiciable; fundamental in governance but not enforceable by courts (Article 37), (b) Ireland (Article 45): Also non-justiciable; 'general guidance to Oireachtas (Parliament)' for law-making. Both treat socio-economic goals as aspirational directives, not enforceable rights. However, Indian courts use DPSP for interpreting statutes and FRs, giving them indirect justiciability (Minerva Mills case).
Answer: True
Amendment flexibility: (a) India (Article 368): Most provisions amendable by Parliament with special majority (majority of total membership + 2/3 present and voting); only federal provisions need State ratification (half of States), (b) USA (Article V): Amendments require 2/3 of both Houses of Congress OR constitutional convention, PLUS ratification by 3/4 of State legislatures/conventions. India's flexibility enabled 100+ amendments adapting to changing needs; US rigidity preserved original framework (only 27 amendments in 230+ years).
Answer: True
Judiciary comparison: (a) Constitution: UK - Unwritten (conventions, statutes, case law), India - Written (single document), (b) Judicial Review: UK - Parliament sovereign (courts cannot strike down Acts of Parliament), India - Constitution supreme (SC/HCs can strike down laws violating Constitution), (c) Appointment: UK - Independent Commission, India - Collegium system. India's judicial review protects constitutional supremacy and Fundamental Rights.
Answer: True
From France, India borrowed: (a) Ideals of Liberty, Equality, Fraternity in Preamble (inspired by French Revolution motto 'Liberté, Égalité, Fraternité'), (b) Concept of Republic (head of State elected, not hereditary). These ideals guide constitutional interpretation: Liberty (Fundamental Rights), Equality (Articles 14-18), Fraternity (single citizenship, fundamental duties). Reflects India's commitment to democratic, egalitarian values.
Answer: True
From Germany (Weimar Constitution), India borrowed Emergency provisions: (a) National Emergency (Article 352) for war/external aggression/armed rebellion, (b) Suspension of Fundamental Rights during Emergency (with safeguards added by 44th Amendment), (c) Executive powers during crisis. However, Indian Constitution includes more safeguards (Parliamentary approval, judicial review, non-suspendable rights) to prevent misuse like in Weimar Germany.
Answer: True
From USA, India borrowed: (a) Fundamental Rights (Bill of Rights), (b) Judicial Review power of Supreme Court, (c) Independence of Judiciary, (d) Vice-President as Rajya Sabha Chairman (like US Senate), (e) Preamble's 'We the people' phrase. However, Indian FRs have reasonable restrictions (unlike US absolute rights), and India has parliamentary system (unlike US presidential system).
Answer: True
106th Amendment (Nari Shakti Vandan Adhiniyam, 2023): Inserts Article 330A (Lok Sabha) and 332A (Assemblies) for 33% reservation for women. Implementation: After delimitation based on first census post-enactment; rotation of reserved seats. Also reserves 1/3 of SC/ST reserved seats for women. Aims to enhance women's political participation; long-standing demand of women's movements.
Answer: True
Article 324(5): CEC removal same as Supreme Court Judge: Presidential order after Parliament address with special majority on grounds of proved misbehaviour/incapacity. Other ECs can be removed only on CEC's recommendation. Ensures CEC's independence from executive; protects other Commissioners from arbitrary removal while maintaining collegiality within Commission.
Answer: True
VVPAT introduced following Supreme Court directions (2013): Attached to EVM, generates paper slip showing candidate symbol/name voted for; visible to voter for 7 seconds through transparent window, then drops into sealed box. Enables physical verification of electronic vote; used for random verification (statistical sample) to ensure EVM integrity. Balances technology efficiency with voter confidence.
Answer: True
Election Symbols Order, 1968: Recognized parties must: (a) Conduct organizational elections periodically, (b) Maintain membership records, (c) Submit audited accounts to ECI, (d) Follow internal democratic procedures. Non-compliance can lead to derecognition. Aims to promote inner-party democracy, though enforcement remains challenging due to lack of statutory backing.
Answer: True
Articles 83(2) and 172(1): Lok Sabha/State Assembly term is 5 years unless dissolved earlier. For simultaneous elections: (a) Need to synchronize terms, possibly curtailing/extending tenure, (b) May require amendments to Articles 83, 172, 356 (President's Rule), (c) Requires political consensus and possibly ratification by States if affecting federal provisions. Law Commission (2018) and ECI have recommended exploring feasibility.
Answer: True
Section 29B, R.P. Act: Political parties can accept donations; donations above ₹20,000 must be reported to ECI with donor details. Electoral Bonds Scheme (2018-2024) allowed anonymous donations via banks, but Supreme Court struck it down in 2024 (ADR case) citing transparency and right to information. Ongoing debate on political funding reforms.
Answer: False
MCC is not statutory; it's a set of guidelines evolved by consensus among political parties and enforced by EC under Article 324's plenary powers. Violations can lead to EC actions: censure, campaign ban, derecognition, but not criminal prosecution. Supreme Court has upheld EC's power to enforce MCC as part of 'direction and control' of elections.
Answer: True
Article 326: Elections to Lok Sabha and State Assemblies shall be on basis of adult suffrage: every citizen aged 18+ years (reduced from 21 by 61st Amendment, 1988) not disqualified under Constitution or law on grounds of non-residence, unsound mind, crime, or corrupt/illegal practice, is entitled to be registered as voter. Foundation of representative democracy in India.