Question Discussion & Solution

The correct answer is Both (A) and (R) are correct, but (R) is not the correct explanation of (A).

Key Points

• The scope of judicial review before Indian courts has emerged in three dimensions: 
  • To establish fairness in administrative action
  • To protect the guaranteed constitutional fundamental rights
  • To rule on questions of legislative competence between the center and the states

The correct answer is By indirect elections by the members of the Provincial Legislative Assemblies established in 1935.

• The members of this assembly were elected indirectly, that is by the members of the provincial assemblies by the method of a single transferable vote of proportional representation.

Additional Information 

• Important facts about the Constituent Assembly
  • In 1934, M N Roy first proposed the idea of a constituent assembly.
  • The demand was taken up by the Congress Party in 1935 as an official demand.
  • The British accepted this in the August Offer of 1940.
  • Under the Cabinet Mission plan of 1946, elections were held for the formation of the constituent assembly.
  • The members of this assembly were elected indirectly, that is by the members of the provincial assemblies by the method of a single transferable vote of proportional representation
  • The constituent assembly was formed for the purpose of writing a constitution for independent India
  • Initially, the number of members was 389.
  • After partition, some of the members went to Pakistan and the number came down to 299.
  • Out of this, 229 were from the British provinces and 70 were nominated from the princely states.
  • Dr Sachchidananda Sinha was the first temporary chairman of the Constituent Assembly.
  • Later, Dr Rajendra Prasad was elected as the President and its Vice President was Harendra Coomar Mookerjee.
  • BN Rau was the constitutional advisor.
  • The assembly first met on 9 December 1946.
  • On 13 December 1946, Jawaharlal Nehru moved the ‘Objective Resolution’.
  • The National Flag of the Union was adopted on 22 July 1947.
  • The final document had 22 parts, 395 articles and 8 schedules.
  • The assembly had met for 11 sessions.
  • The last session was held during 14 – 26 November 1949.
  • The constitution was passed and adopted by the assembly on 26 November 1949.
  • On 24 January 1950, ‘Jana Gana Mana’ was adopted as the national anthem.
  • The constitution came into force on 26 January 1950 (which is celebrated as Republic Day).

The correct answer is Justice, Liberty, Equality, Fraternity.

• The correct sequence of assurances given in the Preamble of India Constitution is Justice, Liberty, Equality, Fraternity.

Additional Information 

• Preamble Of Indian Constitution
  • WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:
  • JUSTICE, social, economic, and political;
  • LIBERTY of thought, expression, belief, faith, and worship;
  • EQUALITY of status and of opportunity;
  • And to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;
  • IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

The correct answer is Article 32.

• Article 32 is described as the heart and soul of the constitution by B.R.Ambedkar.
• Article 32 deals with the right to constitutional remedies.

Key Points

• The right to move to the Supreme court is affirmed by this article.
• The appropriate proceedings are required for the realization of this article.
• The rights are mentioned in part 3 of the constitution.
• To issue a direction, orders or writs are the power of the Supreme court.
• The habeas corpus, quo warranto, prohibition, and certiorari are the types of writs that can be issued by the Supreme court of India.
• Suspension of the rights provided by this article could not happen unless the suspension is provided by the constitution itself.
• In violation of fundamental rights, any person can move to court by using this article.

Option  4 is the correct answer:  Article 19 of the Constitution of India gives us the right to freedom of speech and expression.

• Article 19, particularly article 19(1)(a) of our constitution grants the right to freedom of speech and expression to its citizens.
• Freedom to speech and expression is one of the six freedoms provided under article 19, Right to Freedom:
• Following are the other five freedoms provided under this right:
  • Right to assemble peacefully.
  • Right to form associations or unions or cooperative societies.
  • Right to move freely throughout the territory of India.
  • Right to reside and settle in any part of the Indian territory.
  • Right to practice any profession or carry out any expression.
• Freedom to speech and expression includes the following freedoms and freedoms:
  • Right to propagate ones views, telecast,  know about government activities, demonstrate.
  • Freedom of the press, commercial advertisements, silence.
  • Right against tapping of phone calls, bundhs called by political properties, pre-censorship against a newspaper.