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Question 1 of 5
1. Question
2 pointsWhich of the following is the most basic function performed by the implementation of constitutionalism in a country?
Correct
In general, Constitutionalism means, a complex of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law”.
Constitutionalism’ means limited government or limitation on government. It is antithesis of arbitrary powers. Constitutionalism recognizes the need for government with powers but at the same time insists that limitation be placed on those powers. The antithesis of constitutionalism is despotism. A government which goes beyond its limits loses its authority and legitimacy. Therefore, to preserve the basic freedoms of the individual, and to maintain his dignity and personality, the Constitution should be permeated with ‘Constitutionalism’; it should have some inbuilt restrictions on the powers conferred by it on governmental organs.Incorrect
In general, Constitutionalism means, a complex of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law”.
Constitutionalism’ means limited government or limitation on government. It is antithesis of arbitrary powers. Constitutionalism recognizes the need for government with powers but at the same time insists that limitation be placed on those powers. The antithesis of constitutionalism is despotism. A government which goes beyond its limits loses its authority and legitimacy. Therefore, to preserve the basic freedoms of the individual, and to maintain his dignity and personality, the Constitution should be permeated with ‘Constitutionalism’; it should have some inbuilt restrictions on the powers conferred by it on governmental organs. -
Question 2 of 5
2. Question
2 pointsWhich of the following statements support/s the idea of ‘Rule of law’ over ‘Rule of men’?
1. Rule of law brings quicker decisions on issues.
2. It leads to continuity in policies.
3. It establishes the doctrine of legitimate expectation.
Select the correct answer using the codes below:Correct
Rule of law propounds that the law rules over all people including the persons administering the law. The lawmakers need to give reasons that can be justified under the law while exercising their powers to make and administer the law. Here every process of taking a decision should be as per the law, hence rule of law may slow the decisions on issues.
Incorrect
Rule of law propounds that the law rules over all people including the persons administering the law. The lawmakers need to give reasons that can be justified under the law while exercising their powers to make and administer the law. Here every process of taking a decision should be as per the law, hence rule of law may slow the decisions on issues.
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Question 3 of 5
3. Question
2 pointsIn which of the following recent cases the idea of ‘Transformative Constitution’ was used?
Correct
The transformative constitutionalism may be described as the process of using the values set by a constitutional framework of a State to usher in a change in the social, legal, economic or political systems.
Best example of transformative constitutionalism is the Navtej Singh Johar vs Union of India case of 2018 in which the portion of Section 377 of the Indian Penal Code was decriminalised as it did not permit consensual acts of sex between individuals belonging to the LGBT community. This change was brought about after over 70 years of Independence because the needs of the society changed
Incorrect
The transformative constitutionalism may be described as the process of using the values set by a constitutional framework of a State to usher in a change in the social, legal, economic or political systems.
Best example of transformative constitutionalism is the Navtej Singh Johar vs Union of India case of 2018 in which the portion of Section 377 of the Indian Penal Code was decriminalised as it did not permit consensual acts of sex between individuals belonging to the LGBT community. This change was brought about after over 70 years of Independence because the needs of the society changed
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Question 4 of 5
4. Question
2 pointsConsider the following statements about the Constitutional Amendment (CA) Bill:
1. It cannot be introduced in Rajya Sabha.
2. The President has no veto power over it
3. A Private member cannot introduce a Constitutional Amendment bill.
Which of the above statements is/are correct?Correct
An amendment of the Constitution can be initiated only by the introduction of a Bill in either House of Parliament. The Bill must then be passed in each House by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting. This is known as special majority. There is no provision for a joint sitting in case of disagreement between the two Houses. The Bill, passed by the required majority, is then presented to the President who shall give his assent to the Bill. If the amendment seeks to make any change in any of the provisions mentioned in the provision to article 368, it must be ratified by the Legislatures of not less than one-half of the States.
Incorrect
An amendment of the Constitution can be initiated only by the introduction of a Bill in either House of Parliament. The Bill must then be passed in each House by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting. This is known as special majority. There is no provision for a joint sitting in case of disagreement between the two Houses. The Bill, passed by the required majority, is then presented to the President who shall give his assent to the Bill. If the amendment seeks to make any change in any of the provisions mentioned in the provision to article 368, it must be ratified by the Legislatures of not less than one-half of the States.
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Question 5 of 5
5. Question
2 pointsWhich of the following provides the correct reason for Indian Constitution becoming neither too Rigid or Flexible?
Correct
Indian Constitution is neither rigid nor flexible, here Rigid Constitution means that special procedures are required for its amendments, but a Flexible Constitution is one in which the constitution can be amended easily. Indian constitution is mix of both because,the procedure of amendment is neither easy nor difficult
Incorrect
Indian Constitution is neither rigid nor flexible, here Rigid Constitution means that special procedures are required for its amendments, but a Flexible Constitution is one in which the constitution can be amended easily. Indian constitution is mix of both because,the procedure of amendment is neither easy nor difficult