Constitution & Political System (Part-II)

Total Questions: 56

31. Which part of the Constitution of India declares the ideal of Welfare state? [2020-1]

Correct Answer: (a) Directive principles of state policy
Solution:Directive principles of state policy are given in the Part IV of the Indian Constitution (Article 36โ†’51). Within that, Article 38 mentioned about State to secure a social order for the promotion of welfare of the people.

32. Consider the following statements: [2020-1]

1. The Constitution of India defines its 'basic structure' in terms of federalism, secularism, fundamental rights and democracy.

2. The Constitution of India provides for 'judicial review' to safeguard the 'citizens' liberties and to preserve the ideals on which the constitution is based.

Which of the statements given above is/are correct?

Correct Answer: (d) Neither 1 nor 2
Solution:The concept of 'basic structure' came into existence in the landmark judgment in the Kesavananda Bharati vs State of Kerala case in 1973,. Hence Statement 1 is Not Correct. The Concept of Judicial Review is the basic principle of the Constitution in India. Even though there is no explicit provision in the Indian Constitution for judicial review, it is an integral part of our Constitution. Hence, statement 2 is incorrect. The 'basic structure' doctrine has since been interpreted to include:

Supremacy of the Constitution

  • Rule of law
  • Independence of the judiciary
  • Doctrine of separation of powers
  • Sovereign democratic republic
  • The parliamentary system of government
  • The principle of free and fair elections, Welfare state, etc,

33. One common agreement between Gandhism and Marxism is [2020-1]

Correct Answer: (a) The final goal of a stateless society
Solution:Stateless Society: A society which lacks formal institutions of government.

Gandhiji is a philosophical anarchist. Anarchist is one who is opposed to every type of state; Gandhian Ramrajya is that it is a self-regulating system where everyone is one's own ruler.

Thus, we can inform that both Gandhi & Marx aimed for Stateless society. Marxism involves a classless society and stateless society. Karl Marx had predicted that the proletariats will take control of the state and production, and destroy all class differences and class antagonisms, and finally resulting in the 'withering Away of the State'. Thus, the end result will be a stateless society

34. The Preamble to the Constitution of India is [2020-1]

Correct Answer: (d) A part of the Constitution but has no legal effect independently of other parts
Solution:A.K. Gopalan vs State of Madras (1950): Supreme Court ruled that Preamble is not enforceable in a court of law.

Berubari Vs Union (1960): Supreme Court ruled that Preamble is not a part of the Indian Constitution however, it helps in interpretation of the clauses of the Constitution.

Keshavananda Bharti vs State of Kerala (1973)โ†’ Supreme Court ruled that the Preamble is a part of the Indian Constitution.

The combined effect of the 3 judgments has been that even though the Preamble is a part of the Constitution, but it is not enforceable in a court of law. However, the Preamble helps in ascertaining the vision of the Constitution and hence, independently, it is non-justiciable.

35. With reference to the provisions contained in part IV of the constitution of India, which of the following statements is/are correct? [2020-1]

1. They shall be enforceable by courts

2. They shall not be enforceable by any court

3. The principles laid down in this part are to influence the making of laws by the state

Select the correct answer using the code given below

Correct Answer: (d) 2 & 3 only
Solution:Part-IV of the Indian Constitution deals with the Directive Principles of the State Policy (Article 36 to Article 51)

Article 37: Provisions of Part-IV shall not be enforceable by any court (Hence, 2nd statement is correct)

Article 37 of the Indian Constitution also states that it shall be the duty of the state to apply these principles in making laws as they are fundamental in the governance of the country. So, #3 is correct. So, by elimination, the answer is d

36. Other than the Fundamental Rights, which of the following parts of the Constitution of India reflect/reflects the principles and provisions of the Universal Declaration of Human Rights (1948)? [2020-1]

1. Preamble

2. Directive Principles of State Policy

3. Fundamental Duties

Select the correct answer using the code given below:

Correct Answer: (d) 1, 2 & 3
Solution:Preamble to the Universal Declaration of Human Rights mentions about dignity of an individual. Preamble of Indian Constitution speaks about "EQUALITY of status and of opportunity; assuring the dignity of the individual and the unity and integrity" So #1 is correct.

Article 23 of the Universal Declaration of Human Rights mentions about the Right to Work. Similar concept in Article 41 of the Indian Constitution, under the head of DPSPs.

Article 29 of the Universal Declaration of Human Rights mentions about duties. A similar concept that was inserted in the Indian Constitution by the 42nd Constitutional Amendment Act, 1976 under Part IV-A of the Constitution (Article 51A).

37. Under the Indian constitution concentration of wealth violates [2021-1]

Correct Answer: (b) The Directive Principles of State Policy
Solution:Article 39 (b) says-The State shall direct its policy towards securing that the ownership and control of the material resources of the community are so distributed as best to subserve the common good.

Article 39 (c) says-The state shall direct its policy towards ensuring that the operation.

Of the economic system does not result in the concentration of wealth and means of Production to the common detriment.

38. What was the exact constitutional status of India on 26th January, 1950? [2021-1]

Correct Answer: (b) A Sovereign Democratic Republic
Solution:The Preamble was amended in 1976, by the 42nd Constitutional Amendment Act,

Which added three new words-Socialist, Secular and Integrity to the Preamble. So,

#C and #D can't be the answer.

The exact constitutional status of India on 26th January, 1950 was a Sovereign

Democratic Republic. So, the correct answer is b.

39. Which one of the following best defines the term "State"? [2021-1]

Correct Answer: (a) A community of persons permanently occupying a definite territory independent of external control and possessing an organized government.
Solution:As per NCERT, it refers to a political institution that represents a sovereign people who occupy a definite territory.
Sovereign means independent of external control.
State means a community or society politically organized under one independent government within a definite territory.
Population, territory, government, and sovereignty (or independence) are four essential elements of state.

40. With reference to India, consider the following statements: [2021-1]

1. There is only one citizenship and one domicile.

2. A citizen by birth only can become the Head of State.

3. A foreigner once granted citizenship cannot be deprived of it under any circumstances.

Which of the statements given above is/are correct?

Correct Answer: (a) 1 only
Solution:
  • Any citizen can become the Head of State in India. In the US, a citizen by birth only
  • Can become the Head of State. So statement 2 is incorrect.
  • Citizenship can be cancelled. If-the registration or certificate of naturalization was
  • Obtained by "means of fraud, false representation or the concealment of a material fact
  • or that citizen has shown himself by act or speech to be disloyal or disaffected
  • Towards the Constitution of India as by law established - or that citizen has, during any
  • War in which India may be engaged, unlawfully traded or communicated with an
  • Enemy or that citizen has been ordinarily resident out of India for a continuous period
  • Of seven years". So statement 3 is incorrect.
  • We are left with only option 1. In India there is only one citizenship