Constitution & Political System (Part-I)

Total Questions: 60

41. What does the 104th Constitution Amendment Bill related to? [2006]

Correct Answer: (c) Providing quota to socially and educationally backward classes in private educational institutions.
Solution:The Indian Parliament has passed the 104th Constitution Amendment Bill, providing reservations for the socially and educationally backward classes, besides the Scheduled Classes and Scheduled Tribes, in all private aided and unaided educational institutions.
The 105th Constitutional Amendment Act, 2021 officially titled the Constitution (One Hundred and Fifth Amendment) Act restored the authority of State governments to identify Socially and Educationally Backward Classes (SEBCs), including Other Backward Classes (OBCs). This amendment was introduced in response to a Supreme Court ruling in 2021, which interpreted the 102nd Amendment as having taken away this power from the States. To address the issue promptly, the amendment was passed by both Houses of Parliament and received Presidential assent on August 18, 2021.

42. Which one among the following commission was set up in pursuance of a definite provision under an Article of the Constitution of India? [2006]

Correct Answer: (c) Election Commission
Solution:Superintendence, direction and control of elections to be vested in an Election Commission under Article 324.
The 2023 Act replaces the 1991 Act and facilitates more autonomy to the ECI by specifying qualification, reforming appointment process, providing security of tenure, etc.

43. Consider the following statements: [2006]

1. Free and compulsory education to the children of 6-14 years age-group by the State by the seventy-sixth Amendment to the Constitution of India.

2. Sarva Shiksha Abhiyan seeks to provide computer education even in rural areas.

3. Education was included in the Concurrent List by the Forty-second Amendment, 1976 to the Constitution of India'.

Which of the statements given above are correct?

Correct Answer: (c) 2 & 3
Solution:Statement 1 is incorrect as this provision was added by 86th Amendment Act (not 76th).

Sarva Shiksha Abhiyan seeks to provide computer education to bridge the digital divide. 42nd amendment Act 1976 shifted five subjects from the state list to the concurrent list, viz, education, forests, protection of wild animals and birds, weights and measures and administration of justice, constitution and organisation of all courts except the Supreme Court and the high courts. Thus, statements 2 and 3 are correct.

Right to free and compulsory education was observed by Supreme court in one of its judgement and on the basis of that 86th amendment was done to provide for free and compulsory education to 6-14 years of children in schools.

44. Which of the following Constitution Amendment Acts seeks that the size of the Councils of Ministers at the Centre and in a State must not exceed 15 per cent of the total number of members in the Lok Sabha and the total number of members of the Legislative Assembly of that State, respectively? [2007]

Correct Answer: (a) 91st
Solution:
  • The Constitution (91st Amendment) Act, 2003 inserted clause 1A in Article 164, which says “the total number of Ministers, including the Chief Minister, in the Council of Ministers in a State shall not exceed the total number of members of the Legislative Assembly of that State.
  • It also provided that the number of Ministers, including the Chief Minister in a State shall not be less than twelve”.
  • Similar amendments were also made under Article 75.
  • According to it, the PM shall be appointed by the President and the other Ministers shall be appointed by the President on the advice of the PM.
  • The total number of ministers, including the Prime Minister, in the COM shall not exceed 15% of the total strength of the Lok Sabha.
  • The purpose of the 91st Amendment was to prevent jumbo Cabinets and the resultant drain on the public exchequer.

45. Which of the following is/are included in the Directive Principles of the State Policy? [2008]

1. Prohibition of traffic in human beings and forced labour

2. Prohibition of consumption except for medicinal purposes of intoxicating drinks and of other drugs which are injurious to health

Select the correct answer using the code given below:

Correct Answer: (b) 2 only
Solution:Statement 1 is incorrect as it is a Fundamental Right under article 23 of Part III of the constitution. Statement 2 corresponds to Directive Principles of State Policy under Article 47 under Part IV of the Constitution.
Features of Directive Principles of State Policy (DPSPs)

The Directive Principles of State Policy in the Indian Constitution encompass several key features which are as follows:

  • Non-Justiciability- Unlike fundamental rights, which are legally enforceable, DPSPs are non-justiciable, meaning they cannot be enforced by courts. However, they are considered fundamental in governance and serve as moral and political directives for the state.
  • Dynamic and Evolving- DPSPs are not static principles but evolve over time to address emerging socio-economic challenges and the changing needs of society. They allow for adaptation and innovation in governance strategies to meet evolving circumstances.
  • Welfare State- The DPSPs are aimed at promoting the welfare of the people and the establishment of a just society. They emphasize principles of justice, equality, and fraternity in the governance of the country.
  • Socio-Economic Objectives- DPSPs aim to establish certain social and economic goals that the State should strive to achieve. These objectives include promoting social justice, economic welfare, and the overall development of the nation.
  • Balance between Rights and Duties- While fundamental rights focus on protecting individual liberties, DPSP emphasizes the importance of balancing rights with corresponding duties. They emphasize the collective welfare of society over individual interests.

46. Which Schedule of the Constitution of India contains: Special provisions for the administration and control of Scheduled Areas in several States? [2008]

Correct Answer: (b) Fifth
Solution:Fifth schedule relates to the control and administration of scheduled areas in states other than Tripura, Assam, Meghalaya and Mizoram. While Sixth Schedule deals with administration and control of tribal areas in the state of Assam, Meghalaya, Mizoram and Tripura.

• The Dhebar Commission (1960-61), laid down the following criteria for declaring any area as a ‘Scheduled Area’ under the Fifth Schedule:

• Preponderance of tribal population, which should not be less than 50 percent.
• Compactness and reasonable size of the area.
• Underdeveloped nature of the area.
• Marked disparity in the economic standard of the people as compared to the neighboring Areas.
• Later, a viable administrative entity, such as a district, block, or taluk, has been also identified as an important additional criterion. According to the Ministry of Tribal Affairs, these criteria are not spelt out in the Constitution of India but have become well established.

47. Under which one of the following Constitution Amendment Acts, four languages were added to the list of languages under the Eighth Schedule of the Constitution of India, thereby raising their number to 22? [2008]

Correct Answer: (c) Constitution (Ninety-second Amendment) Act
Solution:92nd Amendment Act 2003 added Bodo, Santhali, Maithali and Dogri languages in the 8th Schedule of the Constitution. Originally there were 14 languages in the 8th schedule. 21st. amendment act added Sindhi language. 71st amendment act added Konkani, Manipuri and Nepali languages.

Languages have been given preference in the constitution as most spoken languages have been given constitutional status and have been provisioned like art 349, Art 350, Art 350A and Art 351. Any amendment to these languages in case of addition needs a resolution with a percentage of support from the house members of the parliament.

48. Which one of the following Constitutional Amendments states that the total number of Ministers, including the Prime Minister. in the Council of Minister shall not exceed fifteen percent of the total number of members of the House of the People? [2009]

Correct Answer: (b) 91
Solution:The above provision has been added by 91st Constitutional Amendment Act 2003.

The National Social Assistance Programme (NSAP) which came into effect from 15th August, 1995 represents a significant step towards the fulfillment of the Directive Principles in Article 41 (Right to Work, to Education and to Public Assistance in certain cases) of the Constitution.

49. With reference to the Constitution of India, consider the following [2010]

1. Fundamental Rights

2. Fundamental Duties

3. Directive Principles of the State Policy

Which of the above provisions of the Constitution of India is/are fulfilled by the National Social Assistance Programme launched by the government of India?

Correct Answer: (b) 3 only
Solution:The National Social Assistance Programme (NSAP) which came into effect from 15th August, 1995 represents a significant step towards the fulfillment of the Directive Principles in Article 41 (Right to Work, to Education and to Public Assistance in certain cases) of the Constitution.

Features of the National Social Assistance Programme (NSAP)

• Targeted Social Security: NSAP benefits are specifically meant for BPL individuals, ensuring assistance reaches the most vulnerable sections of society.
• Central Assistance with State Implementation: The program is centrally funded but implemented by state governments, allowing flexibility in execution while maintaining national standards.
• Multiple Schemes Under NSAP:
    o Indira Gandhi National Old Age Pension Scheme (IGNOAPS): Provides monthly pensions to elderly individuals aged 60 years and above.
    o Indira Gandhi National Widow Pension Scheme (IGNWPS): Supports widows aged 40 years and above with financial aid.
    o Indira Gandhi National Disability Pension Scheme (IGNDPS): Offers assistance to persons with severe disabilities aged 18 years and above.
     o National Family Benefit Scheme (NFBS): Provides a one-time financial grant to families upon the death of a primary breadwinner.
     o Annapurna Scheme: Offers free food grains to senior citizens who are not covered under IGNOAPS.
• Direct Benefit Transfer (DBT): Pensions and assistance are directly transferred to beneficiaries’ bank accounts to ensure transparency and reduce leakages.
• Enhancing Social Inclusion: By supporting marginalized communities, NSAP plays a crucial role in poverty alleviation and promoting social welfare.

50. Under the Constitution of India, which one of the following is not a fundamental duty? [2011-11]

Correct Answer: (a) To vote in public elections
Solution:To vote in public elections is not a fundamental duty.

Article 51A of the Indian Constitution in Part IV-A provides eleven Fundamental Duties. These fundamental duties are mentioned below:

• To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem,
• To cherish and follow the noble ideals that inspired the national struggle for freedom,
• To uphold and protect the sovereignty, unity, and integrity of India,
• To defend the country and render national service when called upon to do so,
• To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic, and regional or sectional diversities and to renounce practices derogatory to the dignity of women,
• To value and preserve the rich heritage of the country’s composite culture,
• To protect and improve the natural environment including forests, lakes, rivers, and wildlife, and to have compassion for living creatures,
• To develop a scientific temper, humanism, and the spirit of inquiry and reform,
• To safeguard public property and to abjure violence,
• To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavor and achievement, and
• To provide opportunities for education to his child or ward between the age of six and fourteen years (added by the 86th Constitutional Amendment Act of 2002).