Constitution & Political System (Part-I)

Total Questions: 60

11. Consider the following statements: [1999]

An amendment to the Constitution of India can be initiated by the:

1. Lok Sabha

2. Rajya Sabha

3. State Legislature

4. President

Which of the above statements is/are correct?

Correct Answer: (a) Only 1
Solution:An amendment to the Constitution of India can be initiated by either House of Parliament under article 368. It does not require the President's recommendation.

The total amendments in the Indian Constitution is to address evolving political, social, and economic needs, ensuring the Constitution remains dynamic and relevant.

  • Article 368 of Indian Constitution provides for two types of amendments:

    • By a Special Majority of Parliament (50% of the total membership of the House + 2/3rd of the members present and voting),

    • By a Special Majority of Parliament plus ratification of 1/2 of the states by a Simple Majority,

  • One other type of amendment can be done by a Simple Majority of Parliament.

    • However, these amendments are not deemed to be amendments for the purpose of Article 368.

  • Therefore, the Constitution can be amended in three ways:

    • Amendment by a simple majority of the Parliament,

    • Amendment by a special majority of the Parliament, and

    • Amendment by a special majority of the Parliament and the ratification of half of the State Legislatures.

12. Consider the following statements about the recent amendments to the elections law by the Representation of the People (Amendment) Act 1996: [1999]

1. Any conviction for the offence of insulting the Indian National flag or the Constitution of Indian shall entail disqualification for contesting elections to Parliament and State Legislatures for six year from the date of conviction

2. There is an increase in the security deposit which a candidate has to make to contest the election to the Lok Sabha

3. A candidate cannot now stand for election from more than one Parliament Constituency

4. No election will now be countermanded on the death of a contesting candidate

Which of the above statements are correct?

Correct Answer: (b) 1, 2 and 4
Solution:Statement 3 is incorrect as a candidate shall not be allowed to contest from more than two constituencies, it also adds options 1 and 2.
The important changes made in the 1996 amendment of the 1950 and 1951 acts were as follows:
  • Addition of offences of insulating the national flag, and constitution of India
  • Addition of offence of preventing the singing of national anthem of India.
  • Power of election commission to nominate a government official as Observer to watch conduct of elections in a constituency or several constituencies. The Observer was given power to direct the returning officer to stop the counting of votes at any time before the declaration of the result or not to declare the result if in the opinion of the Observer booth capturing has taken place at a large number of polling stations.
  • Once the Observer directs the returning officer to do so, he shall submit a report to the election commission. This amendment made provisions that the names of the candidates appear on the ballot paper in alphabetical order so that voter can easily identify him or her.

13. The 73rd Constitution Amendment Act, 1992 refers to the: [2000]

Correct Answer: (c) laying the foundation for strong and vibrant Panchayati Raj institutions in the country
Solution:73rd Amendment Act added Eleventh Schedule to the Constitution and Part IX, which provides for the Panchayati Raj System.
Some major provisions of the 73rd Constitutional Amendment Act, 1992 are
  • Three-tier system: Establishing a three-tier system of panchayats (local self-governments) in rural areas, comprising the gram panchayat (village council), panchayat samiti (block council), and Zilla parishad (district council).
  • As per Article 243B and related provisions, Panchayats at the intermediate (block) level are not required in states with a population of 20 lakhs (2 million) or less. Thus, not all states have Panchayats at the intermediate level.
  • Population: Providing for the establishment of a panchayat at the village level for every village having a population of at least 500 persons.
  • Elections: Mandating regular elections to panchayats and the conduct of elections in accordance with the provisions of the Act and the rules made thereunder.
  • Minimum Age For Panchayat Election: The minimum age to contest Panchayat elections at any level, including the intermediate level, is 21 years, not 30 years.

14. Which Article of the Constitution provides that it shall be the endeavour of every state to provide adequate facility for instruction in the mother tongue at the primary stage of education? [2001]

Correct Answer: (c) Article 350-A
Solution:Article 350A was inserted by 7th Constitutional Amendment act 1956. It says, it shall be the endeavour of every State and of every local authority within the State to provide adequate facilities for instruction in the mother-tongue at the primary stage of education to children belonging to linguistic minority groups, and the President may issue such directions to any State as he considers necessary or proper for securing the provision of such facilities.

Article 349-Special Procedure for enactment of eertain laws relating to language, Article 350-Language to be used in representations for redress of grievances; Article 350 B- Special officer for linguistic minorities; Article 351 Directive for development of the Hindi language.

15. Which one of the following statements correctly describes the Fourth Schedule of the Constitution of India? [2001]

Correct Answer: (d) It allocates seats in the Council of States
Solution:

The 4th Schedule of Indian Constitution deals with the allocation of seats in the Rajya Sabha (Council of States). It specifies how many seats each State and Union Territory allocated in the Rajya Sabha. Elected members (238) are chosen through indirect elections by the elected members of State Legislative Assemblies. 12 members are nominated by the President for their contribution to arts, science, literature, and social service. The allocation of seats is not uniform, it usually varies based on the population of each State and Union Territory. Though the Rajya Sabha has a maximum strength of 250, the current strength is 245:
233 are elected members from States and UTs
12 are nominated members by the President.

16. Match List-I with List-II and select the correct answer using the codes given below the lists:

List-I List-II 
A. The Constitution (Sixty-ninth Amendment) Act, 19911. Establishment of state level Rent Tribunals
B. The Constitution (Seventy-fifth Amendment) Act. 19942. No reservations for Scheduled Castes in Panchayats in Arunachal Pradesh
C. The Constitution (Eightieth Amendment) Act, 20003. Constitution of Panchayats in Villages or at other local level
D. The Constitution (Eighty-third Amendment) Act, 20004. Accepting the recommendations of the Tenth Finance Commission
5. According the status of National Capital Territory to Delhi

Codes:

ABCD
(a)5142
(b)1534
(c)5134
(d)1542
Correct Answer: (a)
Solution:
List-I List-II 
(A) The consititution (69th Amendment Act, 1991)5. According the status of National Capital Territory to Delhi
(B) The constitution (75th Amendment) Act-19941. Establishment of state level rent tribunal
(C) The constitution (80th Amendment) Act, 20004. Accepting the recommendations of the tenth finance commission.
(D) The constitution (83rd Amendments Act 2000)2. No reservations for scheduled castes in panchayats in Arunachal Pradesh.

17. If a new state of the Indian Union is to be created, which one of the following schedules of the Constitution must be amended? [2001]

Correct Answer: (a) First
Solution:First schedule contains names of the States and UTs, that's why it should be amended, if a new state is created.

A new state is established as per article 2 which brings about amendment in Ist and 4th schedule.

The 1st Schedule of Indian Constitution outlines the names and territorial boundaries of both the States and Union Territories of India. It serves as the legal foundation for defining the political map of the country.
This Schedule is linked to Articles 1 and 4 of the Constitution. Article 1 declares India as a Union of States, and Article 4 provides the power to Parliament to make laws for the reorganization of states, including alterations in names, boundaries, or the formation of new states or Union Territories.
The 1st Schedule of Indian Constitution is essential for understanding the federal structure and administrative divisions of India.

18. Match List-I with List-II and select the correct answer using the codes given below the lists: [2001]

List-I List-II 
A. Article 541. Election of the President of India
B. Article 752. Appointment of the Prime Minister
C. Article 1553. Appointment of the Governor of a State
D. Article 1644. Appointment of the Chief Minister and Council of Ministers of a State
5. Composition of Legislative Assemblies

Codes:

ABCD
(a)1234
(b)1245
(c)2135
(d)2143
Correct Answer: (a)
Solution:
List-I List-II 
Article 54Election of the president of India
Article 75Appointment of the Prime Minister
Article 155Appointment of the Governer of a state
Article 164Appointment of the Chief Minister and council of ministers of a state

19. Which one of the following amendments to the Indian Constitution empowers the President to send back any matter for reconsideration by the Council of Ministers? [2002]

Correct Answer: (d) 44th
Solution:The 44th Amendment (1978) however added that the President can send the advice back for reconsideration once. But if the Council of Ministers sends the same advice again to the President then the President must accept it. The amendment went into effect from 20 June, 1979.

The 42nd amendment, Article 74(1) stated that, "there shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President in the exercise of his functions". However, there was a slight ambiguity whether the advice of the Council of Ministers is binding on the President. Forty-second Amendment Act 1976 made it explicit that the President shall, "act in accordance with such advice". The amendment went into effect from 3 January, 1977.

20. The 93rd Constitution Amendment bill 2001 deals with the: [2002]

Correct Answer: (a) continuation of reservation for backward classes in government employment
Solution:According to 93rd Amendment bill every Child of the age group of 6-14 years shall have right to free and compulsory Education. No child is liable to pay any kind of fee/ capitation fee/ charges. A collection of capitation fee invites a fine up to 10 times the amount collected.

Eighty-Sixth Amendment Act, 2002: It made elementary education a fundamental right. The newly-added Article 21-A declares that "the State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may determine".