Question Discussion & Solution

The correct answer is 65th Constitutional Amendment, 1992.

Key Points

• The constitutional recognition to National Commission for Scheduled Castes and Scheduled Tribes was given by the 65th Constitutional Amendment Act, 1990, and the commission was formed on 12th March 1992. 
• By the 89th Constitutional Amendment Act 2003, the erstwhile National Commission for SC and ST has been replaced by 

1. National Commission for Scheduled Caste.
2. National Commission for Scheduled Tribe. 

• Both the chairman and members of the commission are appointed by the President.
• The term of office of Chairman and members is decided by the President (generally, it is for 3 years) from the date on which he or she assumes office.
• All the members of the commission shall not be eligible for an appointment of more than 2 terms. 
• The composition of the commission includes Chairman, Deputy-Chairman, and 3 other members. 
• At least one member should be a woman.
• The Chairman and Deputy Chairman of the Commission have the status of Union Minister and Union Minister of State.
• While investigating any matter or inquiring about any complaint, the Commission shall have all the powers which the Civil Court has while pursuing the suit.
• The commission will submit its annual report to the President in case of Centre and Governor in case of State.

Additional Information

• 102nd Constitutional Amendment, 2018 provides Constitutional status to National Commission for Backward Classes.
• 104th  Constitutional Amendment, 2020 extended the reservation of seats for SCs and STs in the Lok Sabha and states assemblies from 70 years to 80 years.
  • It also removed the reserved seats for the Anglo-Indian community in the Lok Sabha and state assemblies.

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.

• Under the 36th Amendment of the Indian Constitution, Sikkim become the 22^nd state of the Indian Union.
• The Prime Minister of Sikkim appealed to the Indian Parliament for making Sikkim a state of India, in the year 1975.
• A referendum was held in Sikkim and 97.5 percent of the people voted to abolish the monarchy.
• Sikkim became the 22nd state of the Indian Union, on 16 May 1975.
• The 36th amendment of the Indian constitution made Sikkim a full state of India and added its name to the First Schedule of the Constitution.
• Every year, the state celebrates May 16 as Sikkim statehood day. 

Additional Information

Fundamental rights are the basic human rights enshrined in the Constitution of India which are guaranteed to all citizens. They are applied without discrimination on the basis of race, religion, gender, etc. 

Important Points

The Fundamental Rights have been classified under six categories including the Right to equality which include the following rights:

1. Right to equality (Articles 14–18)
   1. Equality before the law and equal protection of laws (Article 14).
   2. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth (Article 15).
   3. Equality of opportunity in matters of public employment (Article 16).
   4. Abolition of untouchability and prohibition of its practice (Article 17).
   5. Abolition of titles except military and academic (Article 18).

Additional Information

•  Right to Freedom (Articles 19 – 22)​- The Indian Constitution guarantees freedom to citizens. The freedom right includes many rights such as:
  • Freedom of speech
  • Freedom of expression
  • Freedom of assembly without arms
  • Freedom of association
  • Freedom to practise any profession 
  • Freedom to reside in any part of the country
• Right against Exploitation (Articles 23 – 24)- This right implies the prohibition of traffic in human beings, beggar, and other forms of forced labour. It also implies the prohibition of children in factories, etc. The Constitution prohibits the employment of children under 14 years in hazardous conditions.
• Right to Constitutional Remedies (32 – 35)- The Constitution guarantees remedies if citizens’ fundamental rights are violated. The government cannot infringe upon or curb anyone’s rights. When these rights are violated, the aggrieved party can approach the courts. Citizens can even go directly to the Supreme Court which can issue writs for enforcing fundamental rights.

The correct answer is 214. 

• According to Article 214 of the Constitution, a High Court has been established in every state.
• The Chief Justice of the state is appointed by the President in consultation with the Chief Justice of India and the Governor of the state.
  • Each judge of the High Court can hold office until the age of 62 years.
  • The High Court judges submit their resignations to the Governor.
  • The High Court judge can only be removed on the charge of incompetence.
  • Removal is the same as the impeachment of the President.

Key Points

• The Rajasthan High Court in Rajasthan was established in 1949 in Jodhpur.
• A block bench of it was established in Jaipur.
• Currently, 50 judges have been appointed in the Rajasthan High Court.
• The first judge of the Rajasthan High Court was Mr. Kamalkant Verma.
• In Rajasthan, it has a district court for civil cases and a sessions court for criminal cases.

Additional Information

• Article 231 - It states that there can be one high court for two or more states or for union territories.
• Article 217 - Qualifications of Judge of High court.
• Article 220 - After retirement, a judge of a High Court, except the Supreme Court or any other court, cannot advocate it in the court or in the subordinate courts and can not take any post of profit under the government.