PRELIMS REVISION QUIZ (DAY-14)

BILLS/RESOLUTIONS PASSED BY SIMPLE MAJORITY

✓ Formation of new states and alteration of areas, boundaries or names of existing states
✓ Abolition or creation of legislative councils in states
✓ Second Schedule-emoluments, Allowances, privileges and so on of the president, governors, speakers, judges, etc.
✓ Quorum in Parliament
✓ Salaries and allowances of the members of Parliament
✓ Rules of procedure in Parliament
✓ Privileges of the Parliament, its members and its committees
✓ Use of English language in Parliament
✓ Number of judges in the Supreme Court
✓ Conferment of more jurisdiction on the Supreme Court
✓ Citizenship-acquisition and termination
✓ Elections to Parliament and state legislatures
✓ Delimitation of constituencies
✓ Union territories
✓ Fifth Schedule administration of scheduled areas and scheduled tribes
✓ Sixth Schedule administration of tribal areas

BY SPECIAL MAJORITY OF PARLIAMENT AND CONSENT OF STATES

✓ Election of the President and its manner
✓ Extent of the executive power of the Union and the states
✓ Supreme Court and high courts
✓ Distribution of legislative powers between the Union and the states
✓ Any of the lists in the Seventh Schedule
✓ Representation of states in Parliament
✓ Power of Parliament to amend the Constitution and its procedure (Article 368 itself)

BY SPECIAL MAJORITY OF PARLIAMENT

✓ Fundamental Rights
✓ Directive Principles of State Policy
✓ All other provisions which are not covered by the first and third categories

Constitution Amendment Bill - under Article 368 (Part XX) of the Constitution

Introduction of the Bill

➤ Does NOT require prior permission of the President.

➤ Can be introduced in either house of Parliament, but NOT in State Legislatures.

➤ Can be introduced either by a minister OR by a private member

Note : Each House must pass the constitution amendment bill separately.

There is no provision of joint sitting, in case of a disagreement between the two Houses.

RIGHT TO FREEDOM OF RELIGION (ARTICLE 25-28)

Article 25 - Freedom of conscience and free profession, practice and propagation of religion

Article 26 - Freedom to manage religious affairs

Article 27 - Freedom from payment taxes for promotion of any religion

Article 28 - Freedom from attending religious instruction or worship in certain educational institutions

CONCEPT OF LIBERTY

The term 'liberty' means absence of restraints on the activities of individuals, and at the same time, providing opportunities for the development of individual personalities.

The following question on the concept of liberty was asked by UPSC in Civil Services Prelims-2019 :

[UPSC CSE-2019] In the context of polity, which one of the following would you accept as the most appropriate definition of liberty?

[A] Protection against the tyranny of political rulers

[B] Absence of restraint

[C] Opportunity to do whatever one likes

[D] Opportunity to develop oneself fully.

Answer : [D]

Historically, the term liberty was initially defined as absence of ALL restraints on an individual. This is known as the negative concept of liberty. However, this concept is flawed because when there will be complete absence of restraints (without reasonable restrictions), then the liberty of one individual will clash with the liberty of other individual.

So in present context, positive concept of liberty is more relevant and thus, it is the most appropriate definition of liberty.

Negative liberty is primarily concerned with freedom from external restraint on one's actions, whereas positive liberty is the capacity to act upon one's free will + possession of the power and resources to fulfil one's own potential, i.e. having the opportunity to develop oneself fully, in material and intellectual capacities.