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GNDU Question Paper-2023
BA 3
rd
Semester
POLITICAL SCIENCE
(Indian Constitution)
Time Allowed: Three Hours Maximum Marks: 100
Note: Attempt Five questions in all, selecting at least One question from each section. The
Fifth question may be attempted from any section. All questions carry equal marks.
SECTION-A
1. Critically discuss the historical development of Indian Constitution.
2. Discuss the Center-States administrative and Financial relations as per Constitution.
SECTION-B
3. Elaborate various Directive Principles of State Policy in Indian Constitution.
4. Critically evaluate the relation between Fundamental Rights and Directive Principles of
State Policy in Indian Constitution.
SECTION-C
5. Examine the Emergency powers and position of President of India.
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6. Highlight the powers and role of Supreme Court of India.
SECTION-D
7. Critically discuss the position and powers of Chief Minister of State.
8. Examine the appointment, powers and role of Governor.
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GNDU Answer Paper-2023
BA 3
rd
Semester
POLITICAL SCIENCE
(Indian Constitution)
Time Allowed: Three Hours Maximum Marks: 100
Note: Attempt Five questions in all, selecting at least One question from each section. The
Fifth question may be attempted from any section. All questions carry equal marks.
SECTION-A
1. Critically discuss the historical development of Indian Constitution.
Ans: The historical development of the Indian Constitution reflects the country's transition
from colonial rule to becoming a sovereign democratic republic. This process evolved over
centuries, influenced by various British constitutional measures and reforms, ultimately
culminating in the adoption of the Constitution of India on January 26, 1950.
Early British Influence
The foundation for constitutional development in India was laid during British rule, with
several legislative acts introduced to manage the administration of India:
1. Regulating Act of 1773: This was the first attempt by the British government to
regulate the affairs of the East India Company in India. It created a governing
structure by establishing a Supreme Court in Calcutta and formalizing the Governor-
General’s authority.
2. Pitt’s India Act of 1784: This act introduced dual control, where the Court of
Directors managed commercial affairs, while a new Board of Control oversaw
political matters, solidifying British dominance in India’s administration
3. Charter Acts (1813-1853): These acts further extended British control and influence
in India. The Charter Act of 1813 ended the East India Company’s monopoly,
allowing missionaries to promote education, while the Charter Act of 1833 marked a
significant shift in governance by centralizing power with the Governor-General of
India. The Charter Act of 1853 introduced a clear distinction between legislative and
executive powers
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Indian Rebellion and Government of India Act, 1858
The Indian Rebellion of 1857 led to a major shift in governance. The Government of India
Act of 1858 transferred control from the East India Company to the British Crown. The act
marked the beginning of direct rule by the British monarchy and established the office of
the Viceroy
Indian Councils Acts (1861-1909)
Throughout the late 19th and early 20th centuries, a series of acts expanded the role of
Indians in governance:
• The Indian Councils Act of 1861 introduced legislative councils that included Indian
members, though their role remained limited.
• The Indian Councils Act of 1892 increased the number of non-official members and
allowed discussions on budgetary matters, providing some space for Indian political
participation
• The Morley-Minto Reforms of 1909 (Indian Councils Act) further expanded legislative
councils and introduced separate electorates for Muslims, sowing the seeds of
communal divisions that would later become a significant issue in Indian politics
Montagu-Chelmsford Reforms and Government of India Act, 1919
The Government of India Act of 1919, also known as the Montagu-Chelmsford Reforms,
introduced diarchy in provinces. This divided subjects into “reserved” (controlled by the
Governor) and “transferred” (controlled by elected Indian ministers) categories. This was an
attempt to involve Indians in governance while retaining ultimate British control
Government of India Act, 1935
The Government of India Act of 1935 was one of the most comprehensive constitutional
measures during British rule. It proposed an All-India Federation, though it was never
implemented fully. It introduced provincial autonomy, giving elected provincial legislatures
more control over local matters. Additionally, it established a Federal Court and the Reserve
Bank of India (RBI). Importantly, it laid the groundwork for India’s federal structure by
dividing powers between the federal government and the provinces
The Role of the Indian National Movement
The Indian freedom struggle played a crucial role in shaping the constitutional framework.
Various political movements, from the Non-Cooperation Movement to the Civil
Disobedience Movement, demanded greater self-governance. The Cripps Mission of 1942,
although unsuccessful, proposed granting India dominion status after World War II, setting
the stage for the final push toward independence
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Indian Independence and Constituent Assembly (1947-1950)
India gained independence from British rule through the Indian Independence Act of 1947,
which also partitioned the country into India and Pakistan. The act empowered the newly
formed Constituent Assembly to draft a constitution for India
The Constituent Assembly began its work in December 1946, with Dr. B.R. Ambedkar as the
chairman of the Drafting Committee. After extensive deliberations, the Constitution of India
was adopted on November 26, 1949, and it came into effect on January 26, 1950
. The Assembly aimed to create a document that balanced various interests, ensuring
individual freedom, equality, and justice while respecting India’s cultural and regional
diversity.
Key Features of the Indian Constitution
The Indian Constitution is one of the longest and most detailed in the world. Some of its key
features include:
• Federal Structure with a Unitary Bias: While India is a federal republic, it also
contains strong unitary elements, particularly during emergencies.
• Fundamental Rights and Directive Principles: Inspired by various constitutions
worldwide, the Indian Constitution guarantees fundamental rights to its citizens and
sets out directive principles for state policy.
• Secularism and Social Justice: The Constitution reflects the vision of a secular state
where all religions are respected, and special provisions are made for the protection
of marginalized communities
Criticism of the Constitution-Making Process
The Constituent Assembly faced criticism on several fronts:
• Lack of Representation: Critics argued that the Assembly was not fully representative
of India’s population, as its members were not elected through universal adult
suffrage but chosen by provincial assemblies
• Dominance of the Indian National Congress: The Assembly was dominated by
members of the Indian National Congress, raising concerns about the exclusion of
other political perspectives
Conclusion
The historical development of the Indian Constitution is a testament to India’s gradual
transition from colonial rule to independence. The Constitution, with its blend of borrowed
principles and indigenous innovations, serves as a living document, continually evolving to
address the needs of a diverse and dynamic nation. Despite criticism, the Constituent
Assembly succeeded in crafting a Constitution that has stood the test of time, reflecting
India’s commitment to democracy, justice, and equality
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2. Discuss the Center-States administrative and Financial relations as per Constitution.
Ans: The historical development of the Indian Constitution reflects the country's transition
from colonial rule to becoming a sovereign democratic republic. This process evolved over
centuries, influenced by various British constitutional measures and reforms, ultimately
culminating in the adoption of the Constitution of India on January 26, 1950.
Early British Influence
The foundation for constitutional development in India was laid during British rule, with
several legislative acts introduced to manage the administration of India:
1. Regulating Act of 1773: This was the first attempt by the British government to
regulate the affairs of the East India Company in India. It created a governing
structure by establishing a Supreme Court in Calcutta and formalizing the Governor-
General’s authority.
2. Pitt’s India Act of 1784: This act introduced dual control, where the Court of
Directors managed commercial affairs, while a new Board of Control oversaw
political matters, solidifying British dominance in India’s administration
3. Charter Acts (1813-1853): These acts further extended British control and influence
in India. The Charter Act of 1813 ended the East India Company’s monopoly,
allowing missionaries to promote education, while the Charter Act of 1833 marked a
significant shift in governance by centralizing power with the Governor-General of
India. The Charter Act of 1853 introduced a clear distinction between legislative and
executive powers
Indian Rebellion and Government of India Act, 1858
The Indian Rebellion of 1857 led to a major shift in governance. The Government of India
Act of 1858 transferred control from the East India Company to the British Crown. The act
marked the beginning of direct rule by the British monarchy and established the office of
the Viceroy
Indian Councils Acts (1861-1909)
Throughout the late 19th and early 20th centuries, a series of acts expanded the role of
Indians in governance:
• The Indian Councils Act of 1861 introduced legislative councils that included Indian
members, though their role remained limited.
• The Indian Councils Act of 1892 increased the number of non-official members and
allowed discussions on budgetary matters, providing some space for Indian political
participation
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• The Morley-Minto Reforms of 1909 (Indian Councils Act) further expanded legislative
councils and introduced separate electorates for Muslims, sowing the seeds of
communal divisions that would later become a significant issue in Indian politics
Montagu-Chelmsford Reforms and Government of India Act, 1919
The Government of India Act of 1919, also known as the Montagu-Chelmsford Reforms,
introduced diarchy in provinces. This divided subjects into “reserved” (controlled by the
Governor) and “transferred” (controlled by elected Indian ministers) categories. This was an
attempt to involve Indians in governance while retaining ultimate British control
Government of India Act, 1935
The Government of India Act of 1935 was one of the most comprehensive constitutional
measures during British rule. It proposed an All-India Federation, though it was never
implemented fully. It introduced provincial autonomy, giving elected provincial legislatures
more control over local matters. Additionally, it established a Federal Court and the Reserve
Bank of India (RBI). Importantly, it laid the groundwork for India’s federal structure by
dividing powers between the federal government and the provinces
The Role of the Indian National Movement
The Indian freedom struggle played a crucial role in shaping the constitutional framework.
Various political movements, from the Non-Cooperation Movement to the Civil
Disobedience Movement, demanded greater self-governance. The Cripps Mission of 1942,
although unsuccessful, proposed granting India dominion status after World War II, setting
the stage for the final push toward independence
Indian Independence and Constituent Assembly (1947-1950)
India gained independence from British rule through the Indian Independence Act of 1947,
which also partitioned the country into India and Pakistan. The act empowered the newly
formed Constituent Assembly to draft a constitution for India
The Constituent Assembly began its work in December 1946, with Dr. B.R. Ambedkar as the
chairman of the Drafting Committee. After extensive deliberations, the Constitution of India
was adopted on November 26, 1949, and it came into effect on January 26, 1950
. The Assembly aimed to create a document that balanced various interests, ensuring
individual freedom, equality, and justice while respecting India’s cultural and regional
diversity.
Key Features of the Indian Constitution
The Indian Constitution is one of the longest and most detailed in the world. Some of its key
features include:
• Federal Structure with a Unitary Bias: While India is a federal republic, it also
contains strong unitary elements, particularly during emergencies.
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• Fundamental Rights and Directive Principles: Inspired by various constitutions
worldwide, the Indian Constitution guarantees fundamental rights to its citizens and
sets out directive principles for state policy.
• Secularism and Social Justice: The Constitution reflects the vision of a secular state
where all religions are respected, and special provisions are made for the protection
of marginalized communities
Criticism of the Constitution-Making Process
The Constituent Assembly faced criticism on several fronts:
• Lack of Representation: Critics argued that the Assembly was not fully representative
of India’s population, as its members were not elected through universal adult
suffrage but chosen by provincial assemblies
• Dominance of the Indian National Congress: The Assembly was dominated by
members of the Indian National Congress, raising concerns about the exclusion of
other political perspectives
Conclusion
The historical development of the Indian Constitution is a testament to India’s gradual
transition from colonial rule to independence. The Constitution, with its blend of borrowed
principles and indigenous innovations, serves as a living document, continually evolving to
address the needs of a diverse and dynamic nation. Despite criticism, the Constituent
Assembly succeeded in crafting a Constitution that has stood the test of time, reflecting
India’s commitment to democracy, justice, and equality
SECTION-B
3. Elaborate various Directive Principles of State Policy in Indian Constitution.
Ans: The Directive Principles of State Policy (DPSP) in the Indian Constitution are guidelines or
principles that the government should keep in mind while framing laws and policies. These principles
are not enforceable by law, meaning you cannot go to court if the government fails to follow them.
However, they are fundamental in the governance of the country, aiming to establish a just society.
They reflect the ideals of social justice, economic welfare, foreign policy, and legal and
administrative matters.
The Directive Principles are outlined in Part IV of the Constitution (Articles 36-51). They are
inspired by the Irish Constitution and aim to create a welfare state by promoting the welfare
of the people.
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Objectives of Directive Principles
The Directive Principles are designed to:
1. Promote the welfare of the people by securing a just social order.
2. Ensure that the citizens enjoy social, economic, and political justice.
3. Reduce inequalities in income and status.
4. Establish a framework for economic democracy.
5. Create an equitable society that ensures the welfare of all citizens.
Classification of Directive Principles
The Directive Principles can be broadly classified into three categories:
1. Social and Economic Principles.
2. Gandhian Principles.
3. Liberal-Intellectual Principles.
Let’s discuss each category in detail:
1. Social and Economic Principles
These principles aim at creating a more equal society by ensuring economic and social
welfare. They focus on minimizing the wealth gap, providing adequate living conditions, and
improving public health, education, and employment.
1. Article 38 (Welfare of the People):
o The state must secure a social order in which justice – social, economic, and
political – must inform all institutions of national life.
o It also mandates the state to minimize inequalities in income and eliminate
inequalities in status, facilities, and opportunities, not only among individuals
but also among groups of people living in different areas or engaged in
different vocations.
2. Article 39 (Certain Principles of Policy):
o The state shall, in particular, direct its policy towards securing:
▪ Adequate means of livelihood for all citizens.
▪ Distribution of material resources of the community for the common
good.
▪ Prevention of the concentration of wealth in a few hands to ensure
the welfare of all.
▪ Equal pay for equal work for both men and women.
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▪ Protection of the health and strength of workers, especially children,
ensuring that children are not forced into work that is harmful to their
health or development.
3. Article 41 (Right to Work, Education, and Public Assistance):
o The state should make provisions for securing the right to work, to education,
and to public assistance in cases of unemployment, old age, sickness, or any
other conditions of want.
4. Article 42 (Just and Humane Conditions of Work and Maternity Relief):
o The state shall make provisions to ensure just and humane conditions for
work and provide maternity relief to women.
5. Article 43 (Living Wage, etc. for Workers):
o The state shall endeavor to secure a living wage for all workers, ensuring a
decent standard of life, and promoting cottage industries on an individual or
cooperative basis in rural areas.
6. Article 43A (Participation of Workers in Management):
o The state shall take steps to ensure that workers have a right to participate in
the management of industries to promote a sense of ownership and improve
industrial relations.
7. Article 45 (Provision for Early Childhood Care and Education):
o The state shall provide free and compulsory education for all children up to
the age of 14 years, which has been made a Fundamental Right under Article
21A.
8. Article 46 (Promotion of Educational and Economic Interests of SCs, STs, and
OBCs):
o The state must promote the educational and economic interests of the
weaker sections of society, especially the Scheduled Castes (SCs), Scheduled
Tribes (STs), and Other Backward Classes (OBCs).
9. Article 47 (Duty of the State to Raise the Level of Nutrition and the Standard of
Living):
o The state must raise the level of nutrition and the standard of living of its
people and improve public health. It should also work towards the
prohibition of intoxicating drinks and drugs harmful to health.
2. Gandhian Principles
These principles reflect the views of Mahatma Gandhi, focusing on self-sufficiency, rural
development, and promoting the welfare of the poor and marginalized sections of society.
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1. Article 40 (Organization of Village Panchayats):
o The state must take steps to organize village panchayats and endow them
with necessary powers and authority to enable them to function as units of
self-government.
2. Article 43 (Promotion of Cottage Industries):
o The state should promote cottage industries on an individual or cooperative
basis in rural areas to improve economic conditions and create employment
opportunities.
3. Article 46 (Promotion of Educational and Economic Interests of Weaker Sections):
o The state must promote the educational and economic interests of weaker
sections, especially the SCs, STs, and OBCs, to ensure their upliftment in
society.
4. Article 47 (Prohibition of Intoxicating Substances):
o The state must work towards the prohibition of intoxicating drinks and drugs
that are harmful to health.
5. Article 48 (Agriculture and Animal Husbandry):
o The state must endeavor to organize agriculture and animal husbandry on
modern and scientific lines and take steps to preserve and improve breeds of
cattle and prohibit the slaughter of cows, calves, and other milch and draught
cattle.
3. Liberal-Intellectual Principles
These principles focus on ensuring liberty, dignity, and international peace. They are more in
line with ideals of modern liberalism and governance.
1. Article 44 (Uniform Civil Code):
o The state shall work towards securing a Uniform Civil Code (UCC) for all
citizens across the country, irrespective of religion, to promote national unity.
A UCC would mean that all communities in India would follow the same set of
personal laws.
2. Article 48A (Protection and Improvement of Environment):
o The state must endeavor to protect and improve the environment and
safeguard the country's forests and wildlife.
3. Article 49 (Protection of Monuments and Heritage):
o The state shall work towards protecting every monument or place of artistic
or historic interest that is of national importance from spoliation,
disfigurement, destruction, removal, or improper disposal.
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4. Article 50 (Separation of Judiciary from Executive):
o The state shall work to separate the judiciary from the executive to ensure
the independence of the judiciary, ensuring that laws are enforced fairly
without interference from the government.
5. Article 51 (Promotion of International Peace and Security):
o The state shall endeavor to:
▪ Promote international peace and security.
▪ Maintain just and honorable relations between nations.
▪ Encourage the settlement of international disputes by arbitration.
Significance of Directive Principles of State Policy
1. Moral Obligation: The DPSPs are not legally enforceable, but they are fundamental
in the governance of the country. They serve as a guide to the government in making
laws and policies.
2. Welfare State: They aim to establish a welfare state in India, ensuring that the
government works toward the welfare and development of all its citizens, especially
the weaker sections.
3. Judicial Interpretation: Though DPSPs are non-justiciable, courts have, on several
occasions, interpreted fundamental rights in light of the Directive Principles. For
instance, in the case of Keshavananda Bharati v. State of Kerala, the Supreme Court
held that both Fundamental Rights and Directive Principles form an integral part of
the Constitution, and together they are the conscience of the Constitution.
4. Amendments and Implementation: Various governments have tried to implement
DPSPs through amendments and laws. For example, the Mahatma Gandhi National
Rural Employment Guarantee Act (MGNREGA) is a step towards implementing
Article 41, and laws on Equal Pay for Equal Work reflect the implementation of
Article 39(d).
5. Balance Between Rights and Welfare: The DPSPs balance the rights of individuals
with the need for social welfare and community development. They ensure that
individual rights do not come at the cost of public welfare.
Conclusion
The Directive Principles of State Policy play a crucial role in shaping India's laws and policies.
They serve as the moral foundation for a just, equitable, and inclusive society. While they
are not enforceable in a court of law, their significance in the Indian constitutional
framework cannot be overstated. Over time, they have guided governments in their policy-
making, ensuring that the welfare of all citizens, especially the weaker sections, remains at
the forefront of national development strategies.
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4. Critically evaluate the relation between Fundamental Rights and Directive Principles of
State Policy in Indian Constitution.
Ans: The relationship between Fundamental Rights and Directive Principles of State Policy
(DPSP) in the Indian Constitution is a key aspect of India's constitutional framework. These
two sets of provisions serve distinct roles in guiding the functioning of the state and
protecting the rights of individuals. However, they have often come into conflict, leading to
debates about their relative importance. Let’s break down their roles, the debates around
them, and their significance, and critically evaluate their relationship in simple language.
Fundamental Rights
Fundamental Rights are enshrined in Part III of the Indian Constitution (Articles 12 to 35).
These are basic human rights guaranteed to every citizen of India. They are enforceable in a
court of law, meaning if these rights are violated, a citizen can directly approach the court to
seek justice. The Fundamental Rights include:
1. Right to Equality (Articles 14-18): Every individual is equal before the law, and there
should be no discrimination based on religion, race, caste, sex, or place of birth.
2. Right to Freedom (Articles 19-22): This includes freedom of speech and expression,
assembly, movement, and more.
3. Right Against Exploitation (Articles 23-24): This prohibits human trafficking, forced
labor, and child labor.
4. Right to Freedom of Religion (Articles 25-28): Every citizen has the freedom to
practice, profess, and propagate any religion.
5. Cultural and Educational Rights (Articles 29-30): These protect the rights of
minorities to preserve their culture and establish educational institutions.
6. Right to Constitutional Remedies (Article 32): This is the right to approach the
Supreme Court in case of a violation of Fundamental Rights.
Directive Principles of State Policy (DPSP)
The Directive Principles are listed in Part IV of the Constitution (Articles 36 to 51). These
principles are guidelines for the state to create policies and laws. They are non-justiciable,
meaning they are not legally enforceable in a court of law. However, they are fundamental
in the governance of the country and aim to create a welfare state. The Directive Principles
include:
1. Economic and Social Justice (Article 38): The state should work to promote the
welfare of the people by ensuring social, economic, and political justice.
2. Right to Work, Education, and Public Assistance (Article 41): The state should
provide the right to work, education, and public assistance in cases of
unemployment, old age, sickness, etc.
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3. Equal Pay for Equal Work (Article 39(d)): Both men and women should receive equal
pay for equal work.
4. Promotion of Education and Health (Article 45 and 47): The state should aim to
provide free and compulsory education for children and improve public health.
5. Promotion of International Peace (Article 51): The state should work toward
international peace and security.
Key Differences Between Fundamental Rights and Directive Principles
• Enforceability: Fundamental Rights are enforceable by law, while Directive Principles
are not. Citizens can approach the courts if their Fundamental Rights are violated,
but they cannot do the same for DPSPs.
• Nature: Fundamental Rights are primarily individualistic, protecting the rights of
individuals, while DPSPs focus on the collective welfare of society, guiding the state
to ensure social and economic justice.
• Purpose: The primary goal of Fundamental Rights is to protect individual liberties,
while the DPSPs aim to create a framework for a welfare state, focusing on social
justice, equality, and public welfare.
The Conflict Between Fundamental Rights and DPSPs
Since the DPSPs are non-enforceable, there has been tension between them and the
Fundamental Rights. Often, the state’s attempt to implement DPSPs may conflict with the
Fundamental Rights of individuals. A key area of conflict arises when implementing
economic and social reforms, especially land reforms, which often infringe upon property
rights (now repealed under the 44th Amendment).
A few landmark cases highlight the tension:
1. Champakam Dorairajan Case (1951): This was the first major conflict between
Fundamental Rights and DPSPs. The Supreme Court ruled that Fundamental Rights
would prevail over DPSPs if there was a conflict. In this case, the state of Madras’
attempt to implement reservations in education, based on DPSPs, was struck down
as it violated the Right to Equality (Article 14). The court held that DPSPs cannot
override Fundamental Rights.
2. Golak Nath Case (1967): The Supreme Court reaffirmed that Parliament cannot
amend the Constitution to abridge Fundamental Rights, including in the name of
implementing DPSPs.
However, after this case, the Parliament passed amendments to reverse some of these
judgments and give greater importance to DPSPs, notably through the 24th and 25th
Amendments.
3. Kesavananda Bharati Case (1973): This case changed the landscape of the debate.
The Supreme Court introduced the doctrine of the basic structure of the
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Constitution, stating that while Parliament can amend the Constitution, it cannot
alter its basic structure. This allowed for a more balanced relationship between
Fundamental Rights and DPSPs. Fundamental Rights were held to be part of the
basic structure, but the court also recognized that both Fundamental Rights and
DPSPs are complementary.
4. Minerva Mills Case (1980): The Supreme Court emphasized that harmony and
balance between Fundamental Rights and DPSPs is an essential feature of the basic
structure of the Constitution. Neither should be given absolute priority over the
other.
Complementarity of Fundamental Rights and DPSPs
Despite their apparent conflict, the Fundamental Rights and DPSPs are not entirely
contradictory; they can also be seen as complementary to each other. Fundamental Rights
ensure civil and political freedoms, while DPSPs aim to provide social and economic rights.
Both are essential for a just society.
For example:
• The Right to Education under Article 21-A was added through the 86th Constitutional
Amendment in 2002, which gives effect to the DPSP in Article 45 (which called for
free and compulsory education).
• The Right to Livelihood under Article 21 has been expanded by judicial interpretation
to include elements of DPSPs, such as the right to work and the right to a decent
wage.
Thus, Fundamental Rights can be interpreted in a way that incorporates the goals of DPSPs,
making them work together for the broader goal of justice and equality.
Amendments and Judicial Interpretation
Several constitutional amendments have strengthened the relationship between
Fundamental Rights and DPSPs:
• 44th Amendment (1978): Removed the Right to Property from the list of
Fundamental Rights, making it a constitutional right under Article 300A. This allowed
the state more freedom to implement land reforms without being challenged as a
violation of property rights.
• 42nd Amendment (1976): It declared that DPSPs are not subordinate to
Fundamental Rights. It attempted to give more importance to DPSPs, although this
was later balanced by the Supreme Court in cases like Minerva Mills.
The judiciary has also played a key role in harmonizing the two. For instance, in the Olga
Tellis case (1985), the Supreme Court held that the right to livelihood is a part of the right to
life, thus merging the spirit of DPSPs with Fundamental Rights.
Critical Evaluation
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The relationship between Fundamental Rights and DPSPs is a balancing act between
individual freedoms and social welfare. The initial tension, where Fundamental Rights were
seen as superior, has been gradually resolved through judicial interpretation and
constitutional amendments. Today, the focus is on harmonizing the two rather than
prioritizing one over the other.
• Strengths:
o The judicial recognition of the complementary nature of Fundamental Rights
and DPSPs has helped in promoting social justice while protecting individual
freedoms.
o Progressive interpretations by the courts have expanded the scope of
Fundamental Rights to include elements of social welfare, as envisioned by
the DPSPs.
• Weaknesses:
o Since DPSPs are non-justiciable, they lack legal enforceability, which means
that important social and economic goals remain dependent on the political
will of the government.
o In some cases, the implementation of DPSPs has led to restrictions on
individual rights, leading to concerns about state overreach.
Conclusion
In summary, the relationship between Fundamental Rights and DPSPs has evolved from one
of conflict to one of complementarity. While Fundamental Rights are enforceable and
protect individual freedoms, DPSPs guide the state toward social and economic justice. Both
are essential for realizing the constitutional vision of justice, liberty, equality, and fraternity.
The courts have played a crucial role in balancing the two, ensuring that neither is
compromised at the expense of the other.
SECTION-C
5. Examine the Emergency powers and position of President of India.
Ans: The President of India holds a pivotal position in the country's political system, with a
broad range of powers, especially during emergencies. These emergency powers are
codified in Articles 352 to 360 of the Indian Constitution. The powers, though extensive, are
used only in specific crisis situations, ensuring that the governance structure remains intact
and functional.
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Emergency Powers of the President of India
The President has the authority to declare three types of emergencies:
1. National Emergency (Article 352): A National Emergency can be declared by the
President when the security of India or any part of its territory is threatened by war,
external aggression, or armed rebellion. This is the most severe form of emergency,
giving the central government wide-ranging powers. The Constitution refers to this
as a "proclamation of emergency," and it has been invoked three times in Indian
history: in 1962 (China-India war), 1971 (India-Pakistan war), and 1975-1977
(internal disturbances during Indira Gandhi’s rule).
During a National Emergency, the fundamental rights under Article 19 (such as freedom of
speech) are suspended, and the Parliament can legislate on matters listed in the State List.
The executive power of the states also becomes subordinate to the Central Government.
The 42nd Amendment (1976) expanded the scope, allowing the President to impose a
National Emergency over the whole or part of the country.
2. State Emergency (Article 356): Also known as President’s Rule, this is declared when
the President is convinced, usually based on a report from the Governor, that the
government in a state is not functioning in accordance with the Constitution. This
typically happens when there is a breakdown of the constitutional machinery in a
state, for example, if no political party is able to form a stable government, or if the
law and order situation deteriorates drastically.
During this emergency, the President assumes the executive authority of the state, and the
Parliament exercises legislative powers over that state. President's Rule can remain in effect
for up to six months but can be extended to a maximum of three years with repeated
parliamentary approval. This provision has been frequently used, and there has been
criticism over its potential for misuse, often to dismiss state governments led by opposition
parties.
3. Financial Emergency (Article 360): A Financial Emergency is declared when the
President believes that the financial stability of India is under threat. This has never
been invoked in Indian history, but the consequences would be significant. During a
Financial Emergency, the central government can direct states on financial matters,
such as reducing the salaries of state government employees and all financial bills
passed by state legislatures must receive presidential approval.
The Role and Position of the President During Emergencies
The President of India is often described as a ceremonial head with limited real power.
However, during emergencies, the role becomes more significant. Despite this, even in
emergencies, the President must act on the advice of the Council of Ministers headed by the
Prime Minister. This is in accordance with the 42nd and 44th Amendments, which have
strengthened the parliamentary system by limiting the discretionary powers of the
President.
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During a National Emergency, the President can suspend fundamental rights, issue
directives to states, and centralize power. However, the use of emergency powers has been
controversial, especially during the 1975-77 Emergency when the government was criticized
for curbing civil liberties and centralizing power excessively. This period led to the 44th
Amendment in 1978, which introduced checks on the misuse of emergency provisions,
requiring more stringent parliamentary approval and limiting the scope of Article 352.
The President's powers during a State Emergency (President’s Rule) allow the central
government to take over state administration when there is a governance failure. This has
been frequently invoked but has also been a subject of controversy and criticism for its
potential for political misuse.
In the case of a Financial Emergency, although it has never been declared, the President
could effectively take control of the country’s financial policies, further centralizing power
during a financial crisis.
Criticism of the President's Emergency Powers
Critics argue that the emergency provisions, particularly the power to declare President’s
Rule and suspend fundamental rights, can undermine the federal structure of India. The
declaration of an emergency effectively gives sweeping powers to the central government,
marginalizing state governments and threatening the rights of citizens. This concern was
particularly evident during the 1975-77 Emergency, when political opponents were jailed,
press freedoms were curtailed, and civil liberties were suspended.
The 44th Amendment sought to rectify these issues by introducing more checks and
balances. For example, it made it harder to declare a National Emergency based on internal
disturbances alone and required the approval of the majority of all members in both houses
of Parliament, not just those present and voting.
Conclusion
The emergency powers of the President of India are crucial for ensuring the country’s
stability during times of crisis. However, they also come with significant responsibility, as
they can alter the balance of power between the central and state governments and impact
citizens' fundamental rights. While the President’s role is largely ceremonial in ordinary
circumstances, these powers highlight the importance of the office during exceptional
situations. However, the misuse of these powers has led to significant constitutional
amendments that limit their scope, ensuring that they are used judiciously and
democratically
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6. Highlight the powers and role of Supreme Court of India.
Ans: The Supreme Court of India, established in 1950, is the highest judicial body in the
country. It is tasked with upholding the Constitution, safeguarding the rights of citizens, and
ensuring justice. Its powers and roles are central to maintaining law and order, resolving
constitutional matters, and acting as a check on executive and legislative actions. Here's a
simplified overview of its key powers and roles:
1. Guardian of the Constitution
The Supreme Court is often referred to as the "Guardian of the Constitution." It ensures that
all laws and executive actions conform to the provisions of the Indian Constitution. Any law
passed by the Parliament or the state legislatures can be declared unconstitutional if it
violates the Constitution, specifically through Judicial Review, one of its most critical
powers.
2. Judicial Review
One of the most important functions of the Supreme Court is its power of judicial review.
This means that the Court has the authority to review the actions of both the government
and Parliament. If any law or action is found to be in conflict with the Constitution, the
Court can invalidate it. Judicial review is essential for maintaining the supremacy of the
Constitution and protecting fundamental rights.
3. Original Jurisdiction
The Supreme Court has the power to hear disputes directly between the central
government and one or more states, or between different states. This is known as Original
Jurisdiction and is primarily focused on federal disputes. It also deals with matters involving
the violation of fundamental rights under Article 32, which gives citizens the right to directly
approach the Supreme Court if their rights are violated.
4. Appellate Jurisdiction
Another significant role of the Supreme Court is its Appellate Jurisdiction. The Court acts as
the highest appellate body in the country, reviewing decisions from lower courts, including
High Courts. It can hear appeals in civil, criminal, and constitutional cases, ensuring
consistency and fairness in the application of law.
5. Advisory Jurisdiction
Under Article 143 of the Constitution, the President of India can seek the advice of the
Supreme Court on important legal or constitutional matters. This is known as the Advisory
Jurisdiction. While the advice given by the Court is not binding, it holds considerable
influence and often guides government decisions on complex legal issues.
6. Power of Contempt
The Supreme Court has the authority to ensure that its orders are respected. It can penalize
individuals or institutions for contempt of court, maintaining the dignity and authority of the
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judiciary. This includes both civil and criminal contempt, where disobedience or interference
with court proceedings can result in penalties or imprisonment.
7. Role as the Final Interpreter of the Constitution
As the highest court in India, the Supreme Court interprets the Constitution, setting
precedents that guide lower courts and future judgments. This role is crucial in defining the
scope and application of constitutional provisions. Its interpretation shapes the legal
landscape and impacts governance, civil liberties, and social justice.
8. Public Interest Litigation (PIL)
The Supreme Court of India is known for its proactive role in allowing citizens to file Public
Interest Litigations (PILs). Through PILs, even individuals who are not directly affected by a
situation can approach the Court in cases where public interest is involved, particularly
when the rights of disadvantaged sections of society are at stake. This has expanded the
role of the judiciary in addressing social issues and promoting justice for all.
9. Independence and Accountability
The Supreme Court functions as an independent body, free from the influence of the
executive and legislature. Various constitutional provisions, such as security of tenure,
protection against salary reduction, and control over its own procedures, ensure its
independence. Judges of the Supreme Court can only be removed by a stringent process of
impeachment, maintaining judicial autonomy and integrity.
10. Constitutional Bench
In matters that involve the interpretation of the Constitution or significant legal principles,
the Supreme Court can convene a Constitutional Bench. This bench, which usually consists
of five or more judges, deals with cases of national importance, including those that involve
fundamental rights and the separation of powers.
11. Protection of Fundamental Rights
One of the Supreme Court’s key responsibilities is the protection of fundamental rights
guaranteed by the Constitution. If a citizen’s fundamental rights are violated, they can
approach the Court directly under Article 32, seeking remedies like writs (legal orders) to
address such violations. These writs include:
• Habeas Corpus: To ensure the right to personal liberty.
• Mandamus: Directing public officials to perform their duties.
• Prohibition and Certiorari: To control judicial or quasi-judicial bodies.
• Quo Warranto: To challenge the legality of someone holding public office.
12. Appointment of Judges
Judges of the Supreme Court, including the Chief Justice of India (CJI), are appointed
through a Collegium System, a body composed of the CJI and senior judges of the Court.
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This process ensures that the executive has minimal interference in judicial appointments,
preserving the Court's independence.
13. Role in Electoral Matters
The Supreme Court also plays a crucial role in adjudicating disputes related to elections,
ensuring the fairness and integrity of the electoral process. It hears cases related to the
disqualification of members of Parliament or state legislatures and ensures compliance with
the election laws of the country.
Conclusion
The Supreme Court of India plays a multifaceted and vital role in the Indian democracy. It
not only interprets and upholds the Constitution but also acts as a guardian of citizens'
rights, ensuring justice, equity, and accountability within the political and legal frameworks.
Its jurisdiction, power of judicial review, and ability to safeguard fundamental rights make it
an indispensable pillar of the Indian judiciary.
This simplified explanation highlights the comprehensive powers and significant roles of the
Supreme Court in maintaining constitutional integrity, upholding the rule of law, and
ensuring justice for all citizens of India
SECTION-D
7. Critically discuss the position and powers of Chief Minister of State.
Ans: The position and powers of the Chief Minister of a state in India are central to the
governance of the state. Let’s simplify this topic for you while keeping it comprehensive, as
you requested. The Chief Minister (CM) serves as the head of the state government, similar
to how the Prime Minister is the head of the government at the national level. Let’s break
this down step by step to discuss their position, role, and powers in the context of the
Indian Constitution.
Position of the Chief Minister
1. Head of the State Government:
• The Chief Minister is the real executive authority in a state.
• They are responsible for running the government of the state, making decisions on
policies, and executing laws.
• The Governor is the ceremonial head of the state, but the real power rests with the
Chief Minister, similar to how the President at the national level is more of a
ceremonial figure, with real power lying in the hands of the Prime Minister.
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2. Appointment of the Chief Minister:
• After state elections, the party (or coalition) that wins a majority of seats in the State
Legislative Assembly forms the government.
• The Governor invites the leader of this party to become the Chief Minister.
• The CM is officially appointed by the Governor but is essentially chosen by the
people’s representatives.
• The Chief Minister must be a member of the State Legislative Assembly. If they are
not a member at the time of their appointment, they must get elected within six
months.
3. Term of Office:
• The Chief Minister holds office as long as they have the confidence of the majority in
the State Legislative Assembly.
• If the CM loses the support of the majority, they must resign, or the Governor can
dismiss them.
4. Dual Role:
• The Chief Minister has a dual responsibility:
1. Leader of the state government: They lead the executive branch of the state
government and are responsible for day-to-day administration.
2. Leader of the Legislature: They must maintain the confidence of the State
Legislative Assembly.
Powers of the Chief Minister
The powers of the Chief Minister can be classified into various categories. Let’s go over
them in detail:
1. Executive Powers:
• The Chief Minister is the head of the state executive, and their role in this capacity
includes the following:
1. Formation of the Council of Ministers:
▪ The Chief Minister recommends the names of ministers to the
Governor, who formally appoints them.
▪ They also decide the portfolios or departments each minister will
handle (e.g., education, health, finance).
▪ They can also ask ministers to resign or can recommend to the
Governor their dismissal.
•
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1. Policy-making and Implementation:
▪ The Chief Minister plays a crucial role in shaping the policies of the
state.
▪ They direct and coordinate the activities of various ministries and
departments to ensure that policies are implemented properly.
2. Administration of the State:
▪ The CM supervises the administration of the state, ensuring that laws
passed by the legislature are properly enforced and that government
policies are effectively implemented.
2. Legislative Powers:
• The Chief Minister’s role in the legislature is significant as they lead the ruling party
in the State Legislative Assembly.
1. Adviser to the Governor:
▪ The Chief Minister advises the Governor on matters of legislative
importance, including when to summon or prorogue the state
legislature.
▪ They also recommend to the Governor when to dissolve the
Legislative Assembly for new elections.
2. Introducing Bills:
▪ The Chief Minister, along with the Council of Ministers, introduces
bills and legislative proposals in the assembly.
▪ Most government bills are initiated by the Chief Minister, and their
support is crucial for the passage of any bill.
3. Participation in Legislative Proceedings:
▪ The Chief Minister plays a vital role in legislative debates, discussions,
and proceedings.
▪ They lead the government’s response to any questions or issues
raised by opposition members and try to convince the assembly to
pass laws in favor of the government’s policies.
4. Passing the Budget:
▪ One of the key legislative powers of the Chief Minister is to present
and get the state budget passed in the assembly. The budget outlines
the financial plans for the state for the coming year, covering income
and expenditure.
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3. Financial Powers:
• The Chief Minister has significant influence over the financial matters of the state.
1. Presentation of the Budget:
▪ The CM plays a key role in formulating the state’s budget and getting
it approved by the legislature.
2. Managing State Resources:
▪ They decide how state funds are allocated and prioritize different
sectors like education, health, and infrastructure.
3. Financial Control:
▪ While the Finance Minister may handle the specifics, the overall
direction of financial policies, including taxation, subsidies, and
economic reforms, are influenced by the Chief Minister.
4. Powers Related to Law and Order:
• The Chief Minister plays a critical role in maintaining law and order in the state.
1. Police and Public Security:
▪ The state police and internal security matters come under the direct
control of the Chief Minister.
▪ They have the power to give directives to the police, appoint or
transfer top officers, and make decisions regarding public security.
2. Handling Emergencies:
▪ In times of crisis, such as natural disasters or internal disturbances,
the Chief Minister is responsible for coordinating relief efforts,
maintaining law and order, and ensuring the safety of citizens.
3. Maintenance of Public Peace:
▪ The CM plays a key role in ensuring that law and order are maintained
in the state, whether through law enforcement agencies or through
diplomacy and policy-making.
5. Judicial Powers:
• Although the Chief Minister has no direct role in the judiciary, they influence judicial
appointments and processes indirectly.
1. Appointment of Judges:
▪ The CM may consult with the Governor regarding the appointment of
judges in state courts.
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2. Recommendation for Pardons:
▪ The Chief Minister can recommend to the Governor that a person
convicted of a crime be pardoned or have their sentence reduced.
6. Other Powers and Functions:
• The Chief Minister has additional powers that may vary depending on the needs and
circumstances of the state:
1. Inter-State Relations:
▪ The Chief Minister represents the state in dealings with the central
government and with other states.
▪ They attend meetings with the Prime Minister and other Chief
Ministers to discuss national policies or resolve disputes between
states.
2. Crisis Management:
▪ In the event of major crises such as floods, famines, riots, or health
emergencies, the Chief Minister takes a lead role in managing the
state’s response.
Limitations on the Powers of the Chief Minister
While the Chief Minister has extensive powers, these powers are not unlimited. There are
several checks and balances in place to prevent misuse of authority:
1. The Role of the Governor:
o The Governor acts as a constitutional check on the Chief Minister’s powers.
For example, while the Governor is expected to act on the advice of the CM
and their Council of Ministers, there are certain discretionary powers, such as
appointing the CM or dismissing them in the case of a constitutional
breakdown (President’s Rule).
2. Responsibility to the Legislature:
o The Chief Minister’s government must enjoy the confidence of the majority in
the Legislative Assembly. If they lose this support, they can be forced to
resign.
o The legislature can also reject the policies or budget proposals of the
government, which can lead to the collapse of the government.
3. Judicial Oversight:
o The actions of the Chief Minister and their government are subject to judicial
review. The courts can strike down any actions or laws that are
unconstitutional or violate people’s rights.
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4. Public Accountability:
o Ultimately, the Chief Minister is accountable to the people of the state. They
have to answer to voters in periodic state elections, and if their performance
is unsatisfactory, they may lose their position.
Conclusion
The Chief Minister occupies a crucial role in the governance of a state in India. They are the
most powerful individual in the state’s executive structure, responsible for both the day-to-
day administration and the long-term policy direction of the state. Their powers range from
appointing ministers to maintaining law and order and handling state finances, making their
role indispensable for the smooth functioning of the state government.
However, the Chief Minister’s powers are not absolute. The constitutional framework,
legislature, judiciary, and ultimately the people of the state act as checks on their authority.
Thus, while the Chief Minister wields significant influence, they must act within the
boundaries of the law and democratic principles.
8. Examine the appointment, powers and role of Governor.
Ans: The Governor of a state in India plays a key role in the constitutional and political
structure of the country. Although primarily a nominal head, the Governor holds substantial
responsibilities under the law. Let's break down the appointment, powers, and role of the
Governor in simple terms.
Appointment of the Governor
The Governor is appointed by the President of India, as per Article 155 of the Constitution.
Unlike the President, who is indirectly elected, the Governor is chosen directly by the central
government. This arrangement ensures that the Governor, while being the nominal head of
the state, represents the Union Government.
Key Features of Appointment:
• Not elected: The Governor is not elected by the people or an electoral college.
Instead, the central government selects them.
• Qualifications: According to Article 157, the candidate must be an Indian citizen and
at least 35 years of age. Additionally, the Governor should not hold any office of
profit.
• Term of office: A Governor typically serves for five years but can be removed or
transferred at any time by the President, without the need for formal reasons. They
can also resign voluntarily
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Powers of the Governor
The Governor's powers fall into four main categories: executive, legislative, financial, and
judicial powers. The Governor also holds certain discretionary powers, which allow them to
act independently in specific situations.
1. Executive Powers
As the executive head of the state, the Governor's powers include:
• Appointment of the Chief Minister: The Governor appoints the Chief Minister and,
on their advice, other ministers. The Governor must ensure that the Chief Minister
commands the majority in the Legislative Assembly.
• Conduct of state administration: The Governor supervises state administration and
ensures that laws passed by the state legislature are enforced.
• Key appointments: The Governor appoints the Advocate General, and key officers in
the state's judiciary, including district judges, in consultation with the Chief Minister
and the state High Court
2. Legislative Powers
The Governor plays an essential role in the state legislature:
• Summoning and dissolving the legislature: The Governor has the authority to
summon or prorogue (end) the state legislature and can dissolve the Legislative
Assembly on the advice of the Chief Minister.
• Assent to Bills: Once the state legislature passes a bill, it must be sent to the
Governor for approval. The Governor can give assent, withhold assent, or reserve
the bill for the President's consideration if it conflicts with national interests or other
concerns.
• Ordinance-making power: When the state legislature is not in session, the Governor
can issue ordinances, which act like laws. However, these ordinances must be
ratified by the state legislature once it reconvenes
3. Financial Powers
The Governor has crucial financial responsibilities, ensuring that the state's budget is
effectively managed:
• Presentation of the state budget: The Governor oversees the presentation of the
budget in the state legislature.
• Control over state contingency fund: The Governor has the authority to make
advances from the state's contingency fund to meet unforeseen expenses.
• Approval of money bills: A money bill cannot be introduced in the state legislature
without the Governor's recommendation
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4. Judicial Powers
The Governor also has limited judicial authority:
• Power to pardon: The Governor can pardon or commute the punishment of
individuals convicted under state laws, but they cannot pardon a death sentence—
that power is reserved for the President of India.
• Appointments in the judiciary: The Governor appoints district judges and other
members of the judiciary in consultation with the Chief Minister and the High Court
Discretionary Powers
The Governor has two types of discretionary powers:
1. Constitutional Discretion: The Governor can act independently in specific cases,
such as:
o Appointing the Chief Minister when no party has a clear majority after
elections.
o Dismissing the state government if it loses the confidence of the Legislative
Assembly.
o Sending a bill for the President’s consideration.
2. Situational Discretion: In unforeseen or exceptional situations, the Governor may
act without the advice of the Chief Minister and Council of Ministers
Role of the Governor
The Governor’s role involves balancing the interests of the state and the Union. Although
they act based on the advice of the Chief Minister and Council of Ministers, the Governor
serves as the link between the central government and the state.
Key Roles:
• Maintaining state stability: The Governor ensures the stability of governance,
especially in cases of political instability, such as hung assemblies or government
crises.
• Agent of the Centre: The Governor represents the central government’s interests
and ensures that state policies align with national priorities.
• Mediator during crises: In situations of constitutional breakdown, such as when a
state government fails to function, the Governor can recommend President's Rule
under Article 356.
Criticisms and Controversies
The role of the Governor has often been the subject of debate. Critics argue that Governors
sometimes act as political agents of the central government, especially in states ruled by
opposition parties. Instances of Governors dismissing state governments or delaying the
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formation of ministries have sparked controversy. The Sarkaria Commission (1988) and the
Punchhi Commission (2007) have recommended reforms, suggesting the Governor's role be
less politically influenced
Conclusion
The Governor, as the nominal head of the state, plays an important yet complex role in
India’s federal structure. While primarily a ceremonial figure, the Governor has significant
responsibilities, especially in times of political instability or constitutional crises. As the
bridge between the state and the Union, the Governor ensures that both the state
government and the central government function within the bounds of the Constitution.
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