Constitution & Political System (Part-II)

Total Questions: 56

21. In the federation established by The Government on India Act of 1935. Residuary Power were given to the [2018-1]

(a) Federal Legislature
(b) Governor General
(c) Provincial Legislature
(d) Provincial Governors

Correct Answer: (b) Governor General

Solution:Residuary powers were in the hands of Governor General.

22. Which one of the following reflects the nicest, appropriate relationship between law and liberty? [2018-1]

(a) If there are more laws, there is less liberty.
(b) If there are no laws, there is no liberty.
(c) If there is liberty, laws have to be made by the people.
(d) If laws are changed too often, liberty is in danger.

Correct Answer: (b) If there are no laws, there is no liberty.

Solution:Concept of Negative Liberty: Historically speaking, the term liberty was initially defined as absence of all restraints on an individual. John Stuart Mill, the nineteenth century English political philosopher, described, "Restraint as an evil". Mill was especially worried about the restraints coming from the state and society. From this concept, we can infer A: if there are more laws, there is less liberty.

Concept of Positive Liberty: Since individuals live together in a society, complete absence of restraints would be neither possible nor desirable. It has been very aptly said that your liberty to swing your arm ends there where my nose begins. For liberty to be enjoyed by everyone, it should have reasonable restraints. The freedom of many requires restraint of law on the freedom of some. Later liberals supported the positive liberty. From this concept, we can infer B: if there are no laws, there is no liberty.

So, as such, both A and B (and even D) seem "appropriate", but question also asks which one reflects both "appropriate" and "nicest"- Option B is the nicest of them three.

23. Which of the following are regarded as the main features of the "Rule of Law"? [2018-1]

1. Limitation of powers

2. Equality before law

3. People's responsibility to the Government

4. Liberty and civil rights

Select the correct answer using the code given below:

(a) 1 & 3 only
(b) 2 & 4 only
(c) 1, 2 & 4 only
(d) 1, 2, 3 & 4

Correct Answer: (c) 1, 2 & 4 only

Solution:This idea of rule of law implies that all individuals - rich and poor, men or women, forward or backward castes - are subjected to the same law. So, #2 is right. (Equality before the law)

The principal role of the judiciary is to protect rule of law and ensure supremacy of law. It safeguards rights of the individual... and ensures that democracy does not give way to individual or group dictatorship. So, it also means #1 and #4 are right.

Statement #3 is irrelevant, so by elimination we are left with Option (c)

24. Right to Privacy is protected as an intrinsic part of Right to Life and Personal Liberty. Which of the following in the Constitution of India correctly and appropriately imply the above statement? [2018-1]

(a) Article 14 and the provisions under the 42nd Amendment to the Constitution
(b) Article 17 and the Directive Principles of State Policy in Part IV
(c) Article 21 and the freedoms guaranteed in Part. III
(d) Article 24 and the provisions under the 44th Amendment to the Constitution

Correct Answer: (c) Article 21 and the freedoms guaranteed in Part. III

Solution:The Supreme Court ruled that "the right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution" so Option c is right.

Let's also look at the wrong options:

Article 14- Gives the Right to Equality. 42nd Constitutional Amendment Act 1976, is known as mini constitution.

Article 17- Related to the Abolition of Untouchability. It is part of Right to Equality. Part IV- Directive Principles of State Policy, does not have any mention about the Privacy.

Article 24-Prohibition of employment of children in factories, et(c) 44th Constitution Amendment- 44th amendment of the Constitution was enacted by the Janata Government mainly to nullify some of the amendments made by the 42nd Amendment Act, 1976.

25. Consider the following statements: [2019-1]

1. The 44th Amendment to the Constitution of India introduced an Article placing the election of the Prime Minister beyond judicial review.

2. The Supreme Court of India struck down the 99th Amendment to the Constitution of India as being violative of the independence of the judiciary.

Which of the statements given above is/are correct?

(a) 1 only
(b) 2 only
(c) Both 1 & 2
(d) Neither 1 nor 2

Correct Answer: (b) 2 only

Solution:"Keeping election of the Prime Minister beyond judicial review" is a wrong statement 99th Amendment had replaced the collegium system of appointing judges to the Supreme Court and High Courts with a new body called the National Judicial Appointments Commission (NJAC). In 2015, SC held "ultra vires" the 99th Constitutional Amendment Act and the NJAC Act. So, #2 is right. Answer B: only 2

26. Consider the following statements: [2019-1]

1. The motion to impeach a judge of the supreme court of India cannot be rejected by the speaker of the Lok Sabha as per the Judges (Inquiry) Act, 1968.

2. The constitution of India defines and gives details of what constitutes 'incapacity and proved misbehaviour' of the judges of the Supreme Court of India.

3. The details of the process of the impeachment of the judges of the Supreme Court of India are given in the judges (Inquiry) Act, 1968.

4. If the motion of the impeachment of a judge is taken up for voting, the law requires the motion to be backed by each house of the parliament and supported by a majority of total membership of that house and by not less than two-thirds of total members of that House present and voting.

Which of the statements given above is/are correct?

(a) 1 and 2
(b) 3 only
(c) 3 and 4 only
(d) 1, 3 and 4

Correct Answer: (c) 3 and 4 only

Solution:The Speaker/Chairman may admit the motion or refuse to admit motion for impeachment of SC Judges.

The address to remove SC Judge must be supported by a special majority of each House of Parliament (ie, a majority of the total membership of that House and a majority of not less than two-thirds of the members of that House present and voting). So #4 is right, answer is C.

27. Under which schedule of the Constitution of India can the transfer of tribal land to private parties for mining be declared null and void? [2019-1]

(a) Third Schedule
(b) Fifth Schedule
(c) Ninth Schedule
(d) Twelfth Schedule

Correct Answer: (b) Fifth Schedule

Solution:Fifth Schedule of the Constitution deals with the administration and control of scheduled areas. The Governor can make regulations to prohibit or restrict the transfer of land by or among members of the scheduled tribes. So, B is the right answer.

28. With reference to the constitution of India, prohibition or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations on the constitutional powers under Article 142. It could mean which one of the following? [2019-1]

(a) The decisions taken by the Election Commision of India while discharging its duties can not be challenged in any court of law.
(b) The Supreme Court of India is not constrained in the exercise of its powers by laws made by the parliament.
(c) In the event of grave financial crises in the country, the President of India can declare Financial Emergency without the counsel from the cabinet.
(d) State Legislatures can not make laws on certain matters without the concurrence of the Union legislature.

Correct Answer: (b) The Supreme Court of India is not constrained in the exercise of its powers by laws made by the parliament.

Solution:Articles 124 to 147 in Part V of the Constitution deal with the organisation, independence, jurisdiction, powers, procedures and so on of the Supreme Court.

142 is an Article between 124-147 so, closest match is B: related to Supreme Court.

29. With reference to the Constitution of India, consider the following statements: [2019-1]

1. No High Court shall have the jurisdiction to declare any central law to be constitutionally invalid.

2. An amendment to the Constitution of India cannot be called into question by the Supreme Court of India.

Which of the statements given above is/ are correct?

(a) 1 only
(b) 2 only
(c) Both 1 & 2
(d) Neither 1 nor 2

Correct Answer: (d) Neither 1 nor 2

Solution:The Constitution itself confers the power of judicial review on the judiciary (both the Supreme Court as well as High Courts). So #1 is wrong.

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. Thus #2 is also wrong. So, D: neither I nor 2 correct

30. A parliamentary system of government is one in which: [2019-1]

(a) All political parties in the parliament are represented in the government
(b) The government is responsible to the parliament and can be remove by it
(c) The government is elected by the people and can be removed by them
(d) The government is chosen by the parliament but cannot be removed by it before completion of a fixed term

Correct Answer: (b) The government is responsible to the parliament and can be remove by it

Solution:Article 75: The ministers are collectively responsible to the Parliament in general and to the Lok Sabha in particular. The principle of collective responsibility implies that the Lok Sabha can remove the ministry (i.e., council of ministers headed by the prime minister) from office by passing a vote of no confidence. So, b is the right choice.

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