Constitution & Political System (Part-II)

Total Questions: 56

11. The Parliament of India acquires the power to legislate on any item in the State List in the national interest if a resolution to that effect is passed by the [2016-1]

Correct Answer: (d) Rajya Sabha by a majority of not less than two-thirds of its members present and voting
Solution:If the Rajya Sabha declares that it is necessary in the national interest that Parliament should make laws on a matter in the State List, then the Parliament becomes competent to make laws on that matter. Such a resolution must be passed by the Rajya Sabha by a majority of not less than two-third of its members present and voting.

12. Which one of the following objectives is not embodied in the Preamble to the Constitution of India? [2017-1]

Correct Answer: (b) Economic liberty
Solution:Read the preamble given in any school textbook: "We, the people of India,.....LIBERTY of thought, expression, belief, faith and worship... "So, "B" is the answer.

Preamble of the constitution was adopted from objecrtive resolution as was envisaged or stated by Jawahar lal nehru during the debate of the constituent assembly. It presented as summary of the constitution which can be looked upon for direction in the times of grave concern.

13. The mind of the makers of the Constitution of India is reflected in which of the following? [2017-1]

Correct Answer: (a) The Preamble
Solution:Sir Alladi Krishnaswami lyer, a member of the Constituent Assembly, had said "The Preamble to our Constitution expresses what we had thought or dreamt so long." So "A" is the answer.
• The term ‘Preamble’ refers to the introduction or preface of the Indian constitution. It contains the summary or essence of the Constitution, along with the ideals and aspirations upon which the Indian state is founded.
• While describing the meaning of the Preamble of Indian Constitution, an eminent jurist N.A. Palkhivala has called it the ‘Identity Card of the Constitution’. Similarly, K.M. Munshi has described it as the ‘Political Horoscope of the Constitution’.

14. Which of the following are envisaged by the Right against Exploitation in the Constitution of India? [2017-1]

1. Prohibition of traffic in human beings and forced labour

2. Abolition of untouchability

3. Protection of the interests of minorities

4. Prohibition of employment of children in factories and mines

Select the correct answer using the code given below:

Correct Answer: (c) 1 & 4 only
Solution:Prof.DD Basu classifies fundamental right in following manner:
List-I List-II
Right to equalityAbolition of untouchability. S "2" is wrong in the classification. This eliminates A and D.
Right against exploitationProhibition of human trafficking and forced Labour. Prohibition of employment of children in factories etc. So 1 and 4 are fitting.
Cultural and educational rightsMinorities rights. So 3 is wrong in classification.

So by elimination, we are left with answer 1 and 4 only.

15. Which one of the following statements is correct? [2017-1]

Correct Answer: (c) Rights are claims of the citizens against the State.
Solution:Through these rights, people make demands upon the state. So, "C" is most fitting answer.
• Limiting state power: Rights act as a check on state authority, ensuring that the government does not overstep its boundaries and infringe upon the dignity and freedom of its citizens.
• Justified claims: They are not arbitrary favours but justified claims that individuals are entitled to. These claims are considered necessary for a life of respect and dignity.
• Enforceable against the state: In most cases, these rights are enforceable against the state, meaning citizens can approach courts to seek a remedy if the government violates them.
• Examples: Examples of rights enforceable against the state include the right to equality and the right to protection of life and personal liberty.
• Exceptions: While the primary claim is against the state, some rights, like the prohibition of untouchability, can also be enforced against private individuals.

16. Which of the following statements is/are true of the Fundamental Duties of an Indian citizen? [2017-1]

1. A legislative process has been provided to enforce these duties.

2. They are correlative to legal duties.

Select the correct answer using the code given below:

Correct Answer: (d) Neither 1 nor 2
Solution:Statement 1: While FDs can be enforced by legislative processes (for e.g. Environment Protection Act that helps enforce the individual duty of environment protection), the constitution explicitly does not enforce them via legal provisions or does not explicitly mention in Part IVA that there are legislative processes to enforce them. However, since the Parliament has enforced most fundamental duties already via a legislative process, we will consider this statement I as correct. Statement 2: It is not clear what UPSC means by 'legal duties", but for all practical purposes it can be considered as 'law of the land'. FDs are in sync with legal duties because what is illegal cannot be a fundamental duty, and what is a fundamental duty has also been made a legal duty (e.g. respecting women). Also it is an Indian citizen's fundamental duty to abide by the constitutional laws (legal duties); this brings the correlation. Statement 2 is thus correct.

17. In the context of India, which one of the following is the correct relationship between Rights and Duties? [2017-1]

Correct Answer: (a) Rights are correlative with Duties.
Solution:Rights and duties are correlative and inseparable, hence A is the answer.

• Mahatma Gandhi in Hind Swaraj observed that “Real rights are a result of the performance of duty”.
• Rights and duties are closely related and cannot be separated from one another. For every right, there is a corresponding duty.
• The State protects and enforces rights and it is the duty of all citizens to be loyal to the state. Thus a citizen has both Rights and Duties.
• According to Harold Laski, one man’s right is also his duty.
• For example, if the State gives the right to life to a citizen, it also imposes an obligation on him to not to expose his life to dangers, as well as to respect the life of others.

18. Which principle among the 'following was added to the Directive Principles of State Policy by the 42nd Amendment to the Constitution? [2017-1]

Correct Answer: (b) Participation of workers in the management of industries
Solution:The 42nd Amendment Act of 1976 added four new Directive Principles to the original list. They require the State:
1. To secure opportunities for healthy development of children (Article 39).
2. To promote equal justice and to provide free legal aid to the poor (Article 39 A).
3. To take steps to secure the participation of workers in the management of industries (Article 43 A).
4. To protect and improve the environment and to safeguard forests and wild life (Article 48 A).

42nd amendment is referred as mini constitution for its character of almost revamping the constitution and presenting newer meaning to some provisions of the constitution and clarifying many of the provisions.

19. Consider the following statements : [2017-1]

With reference to the Constitution of India, the Directive Principles of State Policy constitute limitations upon

1. legislative function.

2. executive function.

Which of the above statements is/are correct?

Correct Answer: (d) Neither 1 nor 2
Solution:The phrase 'Directive Principles of State Policy' denotes the ideals that the State should keep in mind while formulating policies and enacting laws. These are the constitutional instructions or recommendations to the State in legislative, executive and administrative matters. Noted constitutional author Granville Austin considers DPSP as "positive obligations" of the state. Since both the statements are wrong, answer is (d).

20. Consider the following statements: [2018-1]

1. The Parliament of India can place a particular law in the Ninth Schedule of the Constitution of Indi.

2. The validity of a law placed in the Ninth Schedule cannot be examined by any court and no judgement can be made on it.

Which of the statements given above is/are correct?

Correct Answer: (a) 1 only
Solution:First statement is correct. The 1st Amendment to the constitution (1951) had inserted new Articles 31 A and 31B and the Ninth Schedule, thus securing the constitutional validity of zamindari abolition laws by, among other things, specifying that they could not be challenged on the grounds that they violated the Fundamental Rights.

Subsequent governments have added other progressive laws in the same, to give them immunity from litigation. Government add the acts in the 9th schedule, 'via parliament' so first statement is right.

In I.R. Coelho case (2007), the Supreme Court ruled that there could not be any blanket immunity from judicial review of laws included in the Ninth Schedule. So statement#2 is Wrong.