The Constitution of India Test - 2

The Government of India has a Parliamentary system because there is a close relationship between the state legislature and the central government. The Council of Ministers is elected from among the members of the Parliament, which means that the Executive emerges out of the legislature. A person has to be a member of the Parliament in order to become a Minister.

The members of the Council of Ministers take active part in law making also, which is actually the function of legislature.
The legislature has the authority to hold the Executive responsible for all its actions. Thus, the Council of Ministers is responsible to the Lok Sabha and to the Rajya Sabha also.

The right to equality is an important right provided in Articles 14, 15, 16, 17 and 18 of the Constitution. It is the principal foundation of all other rights and liberties. The right to equality includes equality before the law, prohibition of discrimination on grounds of religion, race, caste, gender or place of birth, equality of opportunity in matters of employment, abolition of untouchability and abolition of titles.

1. The directive principles commit the state to raise the level of nutrition and the standard of living and to improve public health, particularly by prohibiting intoxicating drinks and drugs injurious to health, except for medicinal purposes per Article 47.

2. Welfare schemes for the weaker sections are being implemented both by the Central and state governments. These include programmes such as boys' and girls' hostels for students from scheduled castes or scheduled tribes.

3. In contrary to Article 37, many policies have been implemented by state and union governments, which go against the DPSPs, such as, using intoxicating drinks as a source of major tax revenue, instead of implementing prohibition for better health of people, separation of Judiciary from Executive, uniform civil code for the citizens, etc.

Fundamental duties were incorporated in the Indian Constitution by the 42^nd amendment. The duties were drafted on the lines of moral, ethical and culture code of conduct followed by people. The duties are educative in nature and direct the citizens to behave in a virtuous and honourable manner. There are about 11 fundamental duties in India, which are set out in Part IV-A of the Constitution to promote patriotism and strengthen the unity of India. To develop scientific temper, humanism, and spirit of enquiry is one of the fundamental duties of Indian ctizens.

The Right against Exploitation enshrined in Article 23 & 24 of the Indian Constitution guarantees dignity of the individual. It also prohibits the exploitation or misuse of service by force or inducement in the following ways:

It prohibits human trafficking i.e. it criminalizes buying and selling of human beings like a commodity. It also prohibits use of women or girls for immoral purposes. It prohibits slavery, beggar, bonded labour or other forms of forced labour. The government cannot discriminate on the basis of religion, race, color, etc. It prohibits the employment of children below the age of 14 years in factories, mines and other hazardous activities.

Article 22 makes the minimum procedural requirements which must be included in any law enacted by legislature in accordance of which a person is deprived of his/her personal liberty. Articles 22(1) and 22(2) are also called rights of an arrested person.

Rights of an arrested person [Articles 22(1) and 22(2)] are as follows:

1. A person cannot be arrested and detained without being informed why he/she is being arrested.
2. A person who is arrested cannot be denied to be defended by a legal practitioner of his choice. This means that the arrested person has right to hire a legal practitioner to defend himself/herself.
3. Every person who has been arrested would be produced before the nearest magistrate within 24 hours.

As per the Indian Constitution, all Indian citizens above the age of 18 years who have registered themselves as voters are eligible to vote. These individuals can vote in national, state and district, as well as local government body elections.