Sources of Constitution (Indian Polity and Governance)

Total Questions: 28

1. In Indian political stystem which one is supreme? [U.P.P.C.S. (Mains) 2013, 45th B.P.S.C. (Pre) 2001]

Correct Answer: (b) The Constitution
Solution:The Constitution is supreme in the Indian political system. The Constitution of India is the supreme law of india. It lays down the framework defining fundamental political principles, establishes the structure, procedures, power and duties of Government institutions and sets out fundamental rights, directive principles and the duties of the citizens.

The Constitution of India is the longest written Constitution. The following factors have contributed to the bulk of the Constitution:

  • It incorporates the experience of all leading Constitutions.
  • It prescribes a constitution for the union as well as for the states.
  • It incorporates detailed provisions regarding Center-state relations.
  • It includes justifiable and non - justifiable rights in the form of Fundamental rights and Directive Principles of State Policy.
  • It contains special provisions to meet regional problems.

2. The concept of 'Judicial Review' in India has been adopted from the constitution of - [U.P.P.C.S. (Pre) 1998]

Correct Answer: (b) U.S.A.
Solution:The concept of 'Judicial Review' in the Indian Constitution has been adopted from the Constitution of the United States.

Judicial review is the power of the courts to examine the Actions of the legislative, executive and administrative arms of the Government and to determine whether such Actions are consistent with the Constitution. Actions judged inconsistent are declared unconstitutional and therefore null and void.

3. The system of judicial review exists in [U.P.P.C.S. (Mains) 2012, U.P.P.C.S. (Pre) 2008]

Correct Answer: (c) India and U.S.A.
Solution:The system of Judicial Review exists in both india and the U.S.A.
  • Judicial review refers to the power of the judiciary to examine the constitutionality of legislative enactments and executive orders of both the Central and State governments.
  • If on examination, the judiciary finds them violative of the Constitution (ultra vires), it declares them illegal, unconstitutional, and invalid (null and void).
    ∗ Consequently, they cannot be enforced by the government.
  • The doctrine of Judicial Review originated and developed in the USA.
  • In India, the Constitution itself confers the power of judicial review on both the Supreme Court and High Courts.
  • The Supreme Court has declared the power of judicial review as a 'Basic Feature' of the Constitution.
  • Hence, it cannot be curtailed or excluded even by a Constitutional Amendment Act.

4. Which of the following of the characteristics is common between the Federal system of India and America? [U.P.S.C. (Pre) 1993]

Correct Answer: (d) A Federal Supreme Court for Interpretation of the Constitution
Solution:The characteristic of "Federal Court for Interpretation of Constitution" is common in both Indian and American federal systems. While in the United States there is one Judicial system at the Union level and an other at the State level.

There is the absence of three lists in the constitution of the USA. The Indian Constitution provides single citizenship, whereas the U.S. Constitution provides dual citizenship.

5. The feature of Federal system of Indian Constitution is inspired by the constitution of: [U.P.P.C.S. (Mains) 2006]

Correct Answer: (a) Canada
Solution:The Constitution of India is federal in nature. The concept of a Federal System in our Constitution is inspired from the Constitution of Canada.

The nature of the Indian state is federal, in the sense that the powers are distributed between the Union and the state. However, The Constitution also has Unitary features making it a unique Quasi-Federal Setup.
It is federal because:

  • The Constitution of India is written and supreme.
  • It has two sets of government.
  • There is a division of powers between the Centre and the States.
  • There is an independent judiciary.

It is unitary because:

  • Indian State is described as a "union of states".
  • There is single citizenship.
  • There is a single integrated judicial and administrative system.
  • There is integrated machinery for elections, and audits.
  • State Governors are appointed and removed by the President,
  • States depend upon the union's grant-in-aid.
  • During an emergency, the system acts like a unitary system.

6. The Indian Federalism is based on the pattern of which country? [U.P.P.C.S. (Mains) 2017]

Correct Answer: (b) Canada
Solution:The Constitution of India is federal in nature. The concept of a Federal System in our Constitution is inspired from the Constitution of Canada.

The nature of the Indian state is federal, in the sense that the powers are distributed between the Union and the state. However, The Constitution also has Unitary features making it a unique Quasi-Federal Setup.

It is federal because:

  • The Constitution of India is written and supreme.
  • It has two sets of government.
  • There is a division of powers between the Centre and the States.
  • There is an independent judiciary.

It is unitary because:

  • Indian State is described as a "union of states".
  • There is single citizenship.
  • There is a single integrated judicial and administrative system.
  • There is integrated machinery for elections, and audits.
  • State Governors are appointed and removed by the President,
  • States depend upon the union's grant-in-aid.
  • During an emergency, the system acts like a unitary system.

7. The Concept of ''A Union of State in the Indian Constitution'' has been divered from: [U.P.P.C.S. (Pre) 2017]

Correct Answer: (c) The British North-American Act
Solution:The concept of" A union of States" in the Indian constitution has been derived from the British North American Act, 1867 (The Constitution of Canada). According to Article 1(1) of the Indian constitution, "India that is Bharat, shall be a Union of states".

According to 'Constituent Assembly Debates' vol. VII, "The Drafting Committee considers that following the language of the British North America Act, 1867, it would not be appropriate to describe India as a Union although its constitution may be federal in structure.

8. Concurrent List Included in Indian Constitution is given by- [Jharkhand P.C.S. (Pre) 2003 ]

Correct Answer: (b) Australia
Solution:The concurrent list is borrowed from the constitution of Australia. In this list, those items are included on which both Union and State have right to make law. It is in the seventh schedule of the Constitution, which originally included 47 items. (now increased to 52 items as Item No: 11A, 17A, 17 B, 20 A, 33A were added through amendments).
7th Schedule of Indian Constitution - Concurrent List
It has 52 subjects enumerated under it
42nd amendment Act 1976 shifted below mentioned five subjects from State list to Concurrent List:

  • 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
The concept of 'Concurrent List' in the Indian Constitution has been borrowed from the Constitution of Australia
Central Government and State Government both can make laws on the subjects mentioned under the Concurrent List
While both Central and State Government can legislate on subjects mentioned under Concurrent List, however, in case of any conflict, the law made by the Central Government prevails
The matters on which uniformity of legislation throughout the country is desirable but not essential are enumerated in the concurrent list
There are 03 subjects in the Concurrent List on which both Central and state governments have the power to levy taxes

9. The idea of Concurrent List in the indian Constitution has been borrowed from- [U.P.P.C.S. (Mains) 2014, U.P.P.C.S. (Mains) 2011, U.P.P.C.S. (Mains) 2012]

Correct Answer: (c) Australia
Solution:The concurrent list is borrowed from the constitution of Australia. In this list, those items are included on which both Union and State have right to make law. It is in the seventh schedule of the Constitution, which originally included 47 items. (now increased to 52 items as Item No: 11A, 17A, 17 B, 20 A, 33A were added through amendments).
7th Schedule of Indian Constitution - Concurrent List
It has 52 subjects enumerated under it
42nd amendment Act 1976 shifted below mentioned five subjects from State list to Concurrent List:

  • 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
The concept of 'Concurrent List' in the Indian Constitution has been borrowed from the Constitution of Australia
Central Government and State Government both can make laws on the subjects mentioned under the Concurrent List
While both Central and State Government can legislate on subjects mentioned under Concurrent List, however, in case of any conflict, the law made by the Central Government prevails
The matters on which uniformity of legislation throughout the country is desirable but not essential are enumerated in the concurrent list
There are 03 subjects in the Concurrent List on which both Central and state governments have the power to levy taxes

10. The framers of the Constitution of India borrowed the concept of the Concurrent List describe in the Seventh Schedule frome the Constitution of- [UP Lower Sub. (Pre) 2015]

Correct Answer: (b) Australia
Solution:The concurrent list is borrowed from the constitution of Australia. In this list, those items are included on which both Union and State have right to make law. It is in the seventh schedule of the Constitution, which originally included 47 items. (now increased to 52 items as Item No: 11A, 17A, 17 B, 20 A, 33A were added through amendments).
7th Schedule of Indian Constitution - Concurrent List
It has 52 subjects enumerated under it
42nd amendment Act 1976 shifted below mentioned five subjects from State list to Concurrent List:

  • 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
The concept of 'Concurrent List' in the Indian Constitution has been borrowed from the Constitution of Australia
Central Government and State Government both can make laws on the subjects mentioned under the Concurrent List
While both Central and State Government can legislate on subjects mentioned under Concurrent List, however, in case of any conflict, the law made by the Central Government prevails
The matters on which uniformity of legislation throughout the country is desirable but not essential are enumerated in the concurrent list
There are 03 subjects in the Concurrent List on which both Central and state governments have the power to levy taxes