CIVIL SERVICES
PRELIMS, 2024
Model Questions (for
GS Paper )
Set No. 24
{Prepared on 25 .5.2024 }
Also useful for
TSPSC GROUP I Prelims 2024
For
Study purpose only
Prepared by :Praturi
Potayya Sarma,MA(OU),LLB(OU),PGDIRPM
CURRENT AFFAIRS
QUESTIONS RELATING TO Constitution of India
Note: For any clarification please refer to the prescribed text books
1)Consider the following :
1)Given the vast amount of work and range of topics, it
becomes difficult to examine all issues in detail in a house of over 500
members.
2)Therefore, Parliament
has constituted several committees, each typically having 20-35
members, to scrutinise various issues and make recommendations to the full
House.
3)These include financial committees, departmentally
related standing committees (DRSCs), and various other committees such as those
looking at privileges and ethics, setting the daily agenda for the two Houses,
and looking at subordinate legislation.
4)It may be useful to understand some critical work that
committees perform which would be tough to do in the full House.
5)During the process of examination of any issue,
committees often engage with experts and stakeholders to understand issues from
different perspectives. This enables Parliament to access external expertise
and also to understand the concerns of people who may be impacted by an issue
or a bill.
6)The committee system also enables MPs to negotiate
across conflicting priorities and positions. This can be seen from the fact
that most reports are given a unanimous vote, though there are a few instances
of dissent notes by some members
Select the correct answer using the code given below.
(a) 1,2,3,4,5,6
(b) 2 and 3
(c) 1 and 3
(d) None
Answer. a
2)Consider the following :
1)There are three financial committees.
2)The Public Accounts Committee (PAC) examines the
reports of the Comptroller and Auditor General (CAG) on the working of various
Ministries, considers the responses of the officials, and makes its
recommendations. In this way, it helps ensure post-facto scrutiny of use of
public funds.
3)The Committee on Public Undertakings (CoPU) performs a
similar role with respect to public sector enterprises.
4)The Estimates Committee looks at whether funds were
allocated efficiently for various priorities
5)The PAC is chaired by
a senior member of the opposition. In the period of the 16th Lok
Sabha (2014-19), the committee submitted 137 reports containing 957
recommendations, 80% of which were accepted by the Government.
Select the correct answer using the code given below.
(a) 1,2,3,4,5
(b) 2 and 3
(c) 1 and 3
(d) None
Answer. a
3)Consider the following :
1)The Parliament has constituted 24 such committees, each
of which examines the functioning of a set of Ministries and departments.
2) They examine bills that are referred to them, demand
for grants of the departments, and various subjects that fall within the
jurisdiction of the respective ministry (for example, the committee on home
affairs may examine the working of CRPF).
3)The reports of the committees are tabled in the House.
4)The Government also responds to its recommendation and
the final report is prepared.
5)All bills are not automatically referred to Committees
(unlike the British Parliament where scrutiny by committee is a mandatory step
in the process for all bills other than money bills). The decision is made by
the Speaker of Lok Sabha or Chairman of Rajya Sabha in consultation with the
Government. The percentage of bills referred to committees has declined in
recent years
Select the correct answer using the code given below.
(a) 1,2,3,4,5
(b) 2 and 3
(c) 1 and 3
(d) None
Answer. a
4)Consider the following :
1)While Parliament passes a bill into an Act, it often
delegates details to be laid out by the Government through rules or statutory
bodies through regulations.
2) For example, the RBI Act allows RBI to determine the
statutory liquidity ratio subject to a maximum level.
3)The committee on subordinate legislation examines rules
and regulations to ensure that they follow the legislative intent in letter and
spirit.
4)There is a need to strengthen the working of
parliamentary committees. They do not have expert research staff to assist the
members. Often important bills are not referred to these committees; it may be
time to revisit parliamentary processes to make this a mandatory step.
5) The attendance of members is close to 50%, much
thinner than the 80% plus in the House
Select the correct answer using the code given below.
(a) 1,2,3,4,5
(b) 2 and 3
(c) 1 and 3
(d) None
Answer. a
5)Consider the following :
1)The Constitution of India was drafted by a Constituent
Assembly (set up under the Cabinet Mission Plan of 1946) between the years 1946
and 1949.
2)Dr. Rajendra Prasad served as the President of this
body.
3)299 members (including 15 women) of the Assembly took
less than three years (1946- 1949) to draft the Constitution.
4)The Constituent Assembly members met over 11 sessions
between December 1946 and November 1949.
5)On 29 August 1947, the Constituent Assembly set up a
Drafting Committee under the chairmanship of Dr. B.R. Ambedkar to prepare a
draft Constitution.
6)The Constitution of India was adopted on 26 November
1949. It came into effect on 26 January 1950.
7)On that day, the assembly ceased to exist transforming
itself into the provisional Parliament of India until a new Parliament was
constituted in 1952.
8)While deliberating upon the draft Constitution, the
Assembly moved, discussed and disposed off 2473 amendments out of a total of
7635 amendments tabled.
9)Out of the 299 members, 284 members actually signed the
Constitution.
10)Members of the Constituent Assembly were chosen
through indirect elections by the Provincial Legislative Assemblies, as per
recommendation of the Cabinet Mission. The Assembly had 299 members, with 229
representing the provinces and 70 representing states.
11)The Constituent Assembly appointed a total of 13
committees to deal with different tasks of constitution-making. Out of these,
eight were major committees and the others were minor committees. Names of 8
major committees of the Constituent Assembly • Drafting Committee • Union Power
Committee • Union Constitution Committee • Provincial Constitution Committee •
Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded
Areas • Rules of Procedure Committee • States Committee • Steering Committee
Select the correct answer using the code given below.
(a) 1,2,3,4,5,6,7,8,9,10,11
(b) 2 and 3
(c) 1 and 3
(d) None
Answer. a
6)Consider the following :
1)The Constituent Assembly adopted the National Flag on
22 July 1947 & the National Anthem and National Song on 24 January 1950
2) Sh. Nand Lal Bose, a pioneer of modern Indian Art,
designed the borders of every page of the Constitution and adorned it with art
pieces.
3)Sh. Prem Behari Narain Raizada, a master of calligraphic
art, single handedly handwrote the Constitution. It took him 6 months to
complete the task and charged no money for the job.
Select the correct answer using the code given below.
(a) 1,2,3
(b) 2 and 3
(c) 1 and 3
(d) None
Answer. a
7)Consider the following :
1)The key idea behind incorporation of the 11 fundamental
duties in our Constitution was to emphasize the obligation of citizens in
exchange for the comprehensive rights enjoyed by them.
2)Fundamental duties focus on key values of Respect,
Pride, Tolerance, Peace, Growth and Harmony.
3)Introduced into the Constitution in 1976 by the 42nd
Constitution Amendment Act, Fundamental Duties prescribe the fundamental,
moral, and obligatory duties of citizens to the nation.
4)A committee constituted while recommending insertion of
Fundamental Duties opined that steps needed to be taken to ensure that citizens
did not overlook their duties while exercising their Fundamental Rights.
5)The 11th Fundamental Duty regarding education opportunities for children was added to the Constitution by the 86th
AmendmentAct, 2002.
Select the correct answer using the code given below.
(a) 1,2,3,4,5
(b) 2 and 3
(c) 1 and 3
(d) None
Answer. a
8)Consider the following :
1)After independence and adoption of the Constitution of
India, Community Development projects were inaugurated in 1952 in line
with the experiments at Santiniketan, Vadodara and Nilokheri.
2)In 1957, Balwant Rai Mehta Committee was
constituted, which submitted the report stating that, ‘Public participation in
community works should be organised through statutory representative bodies,
such as agencies at the village level which can represent the entire community,
assume responsibility and provide leadership in the rural development
programmes of the government
3)National Development Council was established on the
basis of the principle of democratic decentralisation, which spread the word ‘Panchayati
Raj’ into the main frame of discussion about the rural development.
4)First three-tier Panchayati Raj system was
inaugurated on 2 October, 1959 in Nagaur, Rajasthan.
5)The Jayaprakash Narayan Committee further
strengthened the idea of Panchayati Raj and the Ministry of Community
Development was brought under the Ministry of Food and Agriculture in 1971 and
the word ‘Community Development’ was replaced with the ‘Rural
Development’.
6) The Ashok Mehta Committee, 1978 is the one
which recommended for introducing the Panchayati Raj as a Constitutional
institution through an amendment. In spirit of Mehta Committee, the States
including West Bengal, Karnataka and Andhra Pradesh brought in new initiatives
by reviewing their local bodies by entrusting more powers and finances. The
West Bengal Panchayat Act, 1973 brought direct elections at regular intervals
as a compulsory provision, and deleted the discretionary power of the State in
postponing the elections. The Act further provided the financial powers to the
third tier of the governance, such as tax collection, non-tax revenues etc.
Select the correct answer using the code given below.
(a) 1,2,3,4,5,6
(b) 2 and 3
(c) 1 and 3
(d) None
Answer. a
9)Consider the following :
1)The 64th Amendment Bill was introduced stating that,
“Panchayat Raj is an important facet of democracy and its constitutional
protection is must for their functioning as representative institutions of the
people”.
2)Later, the 64th Amendment Bill was followed by 65th
Amendment Bill that sought to endow urban local bodies in similar lines of
Panchayat Raj.
3)Though both the bills received the required
constitutional majority, the bills failed to take the shape of amendment
legislation
Select the correct answer using the code given below.
(a) 1,2,3
(b) 2 and 3
(c) 1 and 3
(d) None
Answer. a
10)Consider the following :
1)Though India did not ignore the importance of the
Panchayat Raj system and strengthening of the villages, the focus of the Indian
government in the first fifty years was on national development.
2)In the year 1992-93, 73rd and the 74th amendments
were brought into the Indian Constitution which recognised local
self-governance as the third stratum of government.
3)The statement of objects and reasons of the 73rd
Amendment, 1992 the Parliament recognised the existence of Panchayat Raj
Institution in India as a social institution and aimed to provide it the
constitutional status by introducing relevant provisions into the Constitution.
4)Article 40 of the Constitution which is part of
Directive Principles of State Policy states that, ‘State shall take steps to
organise village panchayats and endow them with such powers and authority as
may be necessary to enable them to function as units of self-government.’
5)Recognising that Panchayat Raj Institution in India
should be granted certainty, continuity and strength for acquiring the national
development, Part IX was introduced which consists of the provisions
relating to Panchayats
Select the correct answer using the code given below.
(a) 1,2,3,4,5
(b) 2 and 3
(c) 1 and 3
(d) None
Answer. a
11)Consider the following ABOUT 73rd Amendment
Act :
1)introduced direct elections for Panchayats,
2)reservation of seats for the SCs and STs in proportion
to their population for membership of Panchayats and office of Chairpersons;
3)reservation of not less than one-third of the seats for
women;
4)fixed tenure of five years for Panchayats and holding
of elections within a period of six months on the eve of suppression of any
Panchayats, disqualification of membership of Panchayat,
5)devolution of the State Legislature’s powers over
Panchayats with respect of economic development and social justice,
6)created financial powers for the Panchayats through
grants-inaid from the consolidated fund of State, assignment to Panchayats by
State or appropriation of revenues by Panchayats of designated taxes, duties,
tolls and fee, setting of finance commission etc.
Select the correct answer using the code given below.
(a) 1,2,3,4,5,6
(b) 2 and 3
(c) 1 and 3
(d) None
Answer. a
12)Consider the following :
1)After 73rd Amendment, Nagaur district of Rajasthan
followed by Andhra Pradesh conducted the first elections for Panchayat Raj.
2)The incorporation of Panchayat Raj system into the
constitutional framework brought the disadvantages section of population into
the mainstream social and political empowerment through 2.4 lakh Panchayats and
2.8 million elected representatives, among them over 30% were women, 19% were
SC, 12% were ST and also OBCs in proportion to the population in the most
States.
3)The digitalisation process of Gram Panchayats brought
in transparency and good governance principles into the Panchayati Raj system.
4)Ombudsman, Social Audit, Model Accounting System,
Panchayat Performance Assessment initiatives were introduced to develop
discipline and progress within the institution
Select the correct answer using the code given below.
(a) 1,2,3,4
(b) 2 and 3
(c) 1 and 3
(d) None
Answer. a
13)Consider the following :
1)The statement of objects and reasons of the 73rd
Amendment, 1992 the Parliament recognised the existence of Panchayat Raj
Institution in India as a social institution
2)It aimed to provide it the constitutional status
by introducing relevant provisions into the Constitution.
Select the correct answer using the code given below.
(a) Both 1 and 2
(b) 1 only
(c) 2 only
(d) Neither 1 nor 2
Answer. a
14)Consider the following :
1)Constitutionalism envisages checks and balances
and puts the powers of the legislature, executive and judiciary under
restraint.
2)The very essence of constitutionalism is that no organ
of the state may arrogate powers to itself, beyond what is specified in the
Constitution.
3) As observed by K. G. Balakrishnan, former Chief
Justice of India, “the Constitution lays down the structure and defines the
limits and demarcates the role and functions of every organ of the State
including the judiciary and establishes norms for their interrelationships,
checks and balances.”
Select the correct answer using the code given below.
(a) 1,2,3
(b) 2 and 3
(c) 1 and 3
(d) None
Answer. a
15)Consider the following :
1)The Indian Constitution provides a third and distinct model
of separation of powers.
2)The other two commonly followed models include - the
American Constitution with a rigid separation of powers among the three organs,
giving judiciary a unique position; and
the Constitution of UK (Westminster model) with a loose separation based on the
principle of supremacy of the Parliament.
3)In India, the Constitution is the ultimate sovereign
and if anything goes beyond the provisions of the Constitution, it will
automatically be considered as null, void and unconstitutional. There is a
consciousness among the organs of the government that their powers are not
unconditional and permanent
4)The separation of powers may not mean equal balance of
powers, but it definitely acts as a check on one another
Select the correct answer using the code given below.
(a) 1,2,3,4
(b) 2 and 3
(c) 1 and 3
(d) None
Answer. a
16)Consider the following :
1)India resorted to parliamentary
form of government as opposed
to presidential form of government.
2)However, the Indian Parliament is not supreme as the
British Parliament. In UK, Parliament is given immense power to amend, repeal
or modify the Constitution but in India there is difference between statutory
law and constitutional law.
3)Special provisions are incorporated in the Constitution
to make amendments as per Article 368.
4)However, the Supreme Court in Kesavananda Bharati v.
The State of Kerala (1973) held that any amendment tampering with the basic
features of the Constitution will be struck down as unconstitutional.
5)In India, Parliament derives its mandate from the
Constitution and has no
unfettered or arbitrary jurisdiction to override the
Constitution.
6)The Indian Constitution does not strictly follow the
principle of separation of powers. The executive is part of the legislature and
is responsible to it. Functionally, the President’s or the Governor’s assent is
required at the centre and states respectively for all legislations.
Select the correct answer using the code given below.
(a) 1,2,3,4,5,6
(b) 2 and 3
(c) 1 and 3
(d) None
Answer. a
17)Consider the following :
1)The President (Article 123) or the Governor (Article
213) has the power of making ordinances when both houses of the
legislature are not in session, which has the same status as that of a law of
the legislature.
2)The instances where governance by ordinance has been
resorted to by the executive as a means of bypassing the normal process of legislation
cannot be ruled out.
3)Article 311 allows the executive to hold an
enquiry into charges against any person holding a civil post under the Union or
the State and to award punishment.
4)The President or the Governor has the power to grant
pardon or modify the punishment of a convicted person.
5)The legislature performs judicial function as Parliament
can punish members as well as outsiders for breach of its privileges or its
contempt by reprimand, admonition or imprisonment (also suspension or expulsion
in case of members).
6)Executive is dependent on the legislature while it
performs some legislative functions in the form of subordinate legislation.
7)The legislature which controls the executive and can
even remove it, also performs some executive functions such as those required
for maintaining order in the House
8)The Forty-second Amendment (1976) introduced
Articles 323A and 323B which authorise Parliament and the state
legislatures, respectively, to create tribunals to which the power of
adjudication of disputes on various subjects can be transferred. The
jurisdiction of the courts is excluded in respect of those subjects. The
Articles also made it possible to totally exclude the powers of judicial review
under Articles 32 and 226 and vest such powers in tribunals legislatively.
9)The Parliament has the right to legislate on the
constitution, organisation, jurisdiction and powers of the Supreme Court and
High Courts. The power of impeachment of judges is reserved to Parliament
although it ultimately depends on parliamentary majority to determine the
outcome of the procedure. 10)The functional overlap prevailing under the Indian
Constitution also allows the executive to perform key legislative and judicial
functions. Under the Constitution, it is supposedly left to the President to
decide the number of judges to be appointed to High Courts as well as to
decide finally who is to be appointed as a judge, whether of the Supreme Court
or the High Court.
11)Perhaps, the
most unusual form of legislative powers granted under the Constitution to the
executive are listed under emergency provisions (Articles 352, 356 and 360).
Select the correct answer using the code given below.
(a) 1,2,3,4,5,6,7,8,910,11
(b) 2 and 3
(c) 1 and 3
(d) None
Answer. a
18)Consider the following :
1)The judiciary with its power to judicial review takes a
call on the acts of omission and commission of the legislature and executive,
in the context of the constitutional provisions and the well-established principles
of the rule of law, based on the concept of ‘fairness’. This exclusive
authority bestows judiciary with greater responsibility to be more careful and
cautious while exercising
its power of judicial review.
2)It has to honor and not breach the avowed principle of
separation of powers. The application of judicial review to determine
constitutionality of the legislation and to review the executive decision
sometimes creates conflict among the three pillars of democracy. However, the
Constitution speaks through the Supreme Court which sits in judgment over the
constitutional validity of laws enacted by the Parliament. The decision of the
court further legitimises or stigmatises the law or any other decision of the
legislature or the executive.
3)Article 32 of the Constitution makes it the guardian
of the inviolable fundamental rights guaranteed to citizens for the protection
of which it can issue writs.
4)Even High Courts enjoy this power under Article 226
for the protection of not only fundamental rights but also other legal rights.
5)Article 141 provides that the law declared by
the Supreme Court shall be binding on all courts of India.
6)Under Article 142, it may pass such decree or
make such order as is necessary for providing complete justice in any cause or
matter pending before it, and Article 144 mandates that all authorities,
civil and judicial, shall work in the aid of the Supreme Court. These three
Articles make the Supreme Court, the most powerful institution of the country.
7)This imposes restrictions on the constituent power of
Parliament that the basic structure of the Constitution is not amendable.
8)A nine-judge Constitution bench of the Apex Court, with
a majority of six, ruled that presidential satisfaction for dismissing state
governments is judicially reviewable.
9)In 2006, the
dissolution of the Bihar Assembly was declared as unconstitutional.
10)The Supreme Court went to the extent of ruling that
even the President’s or the Governor’s decision in cases of pardon of convicts
sentenced to death would be subject to the judicial review.
Select the correct answer using the code given below.
(a) 1,2,3,4,5,6,7,8,9,10
(b) 2 and 3
(c) 1 and 3
(d) None
Answer. a
19)Consider the following :
1)Though there is a broad agreement on principles of
separation of powers, in practice, from time to time, a dispute arises whether
one organ of the State has exceeded the boundaries assigned to it under the
Constitution. This was the case in 1973 in Kesavananda Bharati v. State of
Kerala, when the power of the legislature to amend the Constitution was
considered by the Supreme Court. The Court confirmed that ‘basic structure’ of
the Constitution was an unalterable feature of Indian Constitution which could
not be amended even by an Act of Parliament.
2)In 1975, however, this view was challenged by the then
government before a special bench of the Supreme Court. It is pertinent to
refer to the case of Indira Gandhi v. Raj Narain, which was a landmark judgment
for many reasons. Former Prime Minister Indira Gandhi’s election to the Lok
Sabha had been held invalid by the Allahabad High Court on the ground that she
had used corrupt practices as defined under Section 8A of the Representation of
the People Act 1951. She had appealed to the Supreme Court which stayed the
Allahabad High Court’s decision subject to certain conditions. The Parliament
passed the Constitution (Thirty-ninth Amendment) Act 1975, while the appeal was
pending. This provided that no election of a person to either House of
Parliament, who held the office of the Prime Minister, at the time of such
election or was appointed Prime Minister after such election, shall be called
in question, except before such an authority or body and in such manner as
might be provided for, by or under any law made by Parliament. It was argued
that the Parliament was supreme and represented the sovereign will of the
people. As such, if the people’s representatives in Parliament decided to
change a particular law to curb individual freedom or limit the scope of
judicial scrutiny, the judiciary had no right to question whether it was
constitutional or not. However, the Supreme Court held that the provisions of
the above amendment violated the ‘basic structure’ of the Constitution. The
main ground was that the legislature could not decide a dispute in accordance
with the legislative procedure and that such a function must be performed by a
judicial body in a judicial manner. A constitutional amendment was a
legislative instrument and any exercise of judicial power by it was ultra vires
the legislative power. It was the first time in the history of independent
India that a Prime Minister’s election was set aside, a constitutional
amendment was struck down by applying the doctrine of ‘basic structure’ and
election laws were amended retrospectively to validate the nullified election
of the Prime Minister. The persuasive legal argument of Mr. Palkhivala, the
then Chief Justice of India upheld the ‘basic structure’ doctrine and it was
re-affirmed as an inalienable feature of our Constitution.
3)The verdict of the Supreme Court on the 99th
Constitution Amendment Act and the National Judicial Appointments Commission
(NJAC), declaring them to be ultra vires the Constitution is another
glaring example when any parliamentary Act is overturned as unconstitutional on
the principle of judicial review.
4)The recent judgment of the Supreme Court on the
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989
and the populist response of the Parliament in enacting Section 18A in the said
Act virtually circumvented the diktat of the judgment passed by the Supreme
Court. These are the challenges to judicial review and a concern for
contemplation of constitutional experts
Select the correct answer using the code given below.
(a) 1,2,3,4
(b) 2 and 3
(c) 1 and 3
(d) None
Answer. a
20)Consider the following :
1)The gaps left by the legislature in matters of
legislation or by the executive in the matter of executive governance are
expected to be filled by the judiciary.
2)Judiciary may
get activated by the people (Public Interest Litigation) or by its own
(suo motu).
3)Judicial activism is a judicial response to a
situation warranting immediate remedial measures. It is an affirmative concept
that has to be marked by promptitude, diligence and consistency.
4)In recent decades, the judiciary has been frequently
charged with overstepping (judicial overreach)
into the arenas of other wings by interpreting laws in a
particular way.
5)The matter came to such a pass that on 3 December,
2007, the Lok Sabha witnessed a stormy debate on the issue, under Rule 193 of
the Rules of Procedure and Conduct of Business in Lok Sabha, where members
across party lines were vociferous in their criticism of the judiciary for its
alleged interference with the functioning of the legislature and the executive.
The courts often try to frame laws not by interpreting the existing laws but by
directing the State to formulate and implement policies which are required to
be in conformity and in consonance with the views of the particular court or
courts.
6)Contrary to this, the judiciary also feels that the
government tries to control it. The matter got aggravated when, on 23 August
2005, the Supreme Court, angered by suggestions to keep off emotive political
matters like reservation in private professional institutions, handed a rare
public rebuke to the government. The then Attorney General went to the extent
of remarking that, ‘Tell us, we will wind up the courts and then do whatever
you want.’
7)However, in the name of upholding the rule of law and
the independence of the judiciary, some judgments of the Apex Court clearly
breach the boundary line usurping the role assigned to others. It is on this
ground that the Apex Court gave directions which have the force of law.
8)It laid down
principles and norms to be followed in adoption of Indian children by foreigners
and procedure to be followed for allowing passive euthanasia.
9)The Supreme Court acknowledging legislative vacuum in Vishakha
vs State of Rajasthan showed its concern for women safety and laid down
guidelines for protection of women from sexual harassment at workplace.
10)Similarly, in D. K. Basu V. State of West Bengal, the
Supreme Court gave detailed guidelines to be observed while making arrests,
defined the arrestee’s rights including the right against torture.
11)Further, it ruled that if there is a legislative
vacuum, the executive should fill it, and if it does not do, the judiciary
should do so. However, it contradicts the principle enunciated in D. C. Wadhwa
v. State of Bihar that, ordinances cannot replace legislations though the
executive was filling a legislative vacuum. The Bihar legislature abdicated its
role of law-making and the state was being ruled by ordinances which were
repromulgated regularly.
12)The Court directed the Union government to create an
All-India Judicial Service so as to bring about uniformity in the services of
the subordinate judiciary throughout the country. The court is not competent to
do this as it is in contravention of Article 312 under which Parliament alone
has the power to create All-India Services by law.
Select the correct answer using the code given below.
(a) 1,2,3,4,5,6,7,8,9,10,11,12
(b) 2 and 3
(c) 1 and 3
(d) None
Answer. a
21)Consider the following :
1)Good governance necessitates balance among the three
pillars of government - executive, legislature and judiciary with effective
checks over one another.
2)The judiciary with its power to judicial review takes a
call on the acts of omission and commission of the legislature and executive,
in the context of the constitutional provisions and the well established
principles of the rule of law, based on the concept of ‘fairness’.
3)This exclusive authority bestows judiciary with greater
responsibility.
Select the correct answer using the code given below.
(a) 1,2,3
(b) 2 and 3
(c) 1 and 3
(d) None
Answer. a
22)Consider the following :
1)The Constitution of India confers through Article
142 on Supreme Court, a special power to do complete justice.
2)The Supreme Court in 2G Spectrum scam passed an order
that no court shall impede the investigation being carried out by the Central
Bureau of Investigation and Directorate of Enforcement. Despite the order, the
writ petitions were filed before Delhi High Court. The Supreme Court order held
that public interest demanded a timely resolution of 2G Spectrum case and hence
the order directing that only Supreme Court is competent to consider the
petitions of the accused was held to be valid.
3)A similar court monitored investigation was also
undertaken in the Coal Blocks case. A direction was issued that any prayer for
stay or impeding the progress in the investigation/ trial can be made only
before the Supreme Court and no other court shall entertain the same.
4)In fact, the entire environmental jurisprudence in
India evolved through the invocation of Article 142 by the Supreme Court. The
Apex Court not only saved the marbles of Taj Mahal from yellowing due to
sulphur fumes from the surrounding industries but provided relief to the
aggrieved and affected people in many cases. The Supreme Court interventions
were appreciated when a five bench judge headed by Venkatachaliah, former Chief
Justice of India awarded compensation in Bhopal gas leak tragedy, well beyond
the limits created by the statutory provisions. The Apex Court armoured with
the weapon of Article 142 has come out proactively to dispense justice to those
who are deprived of it due to various social, educational and economic backgrounds.
It has played a pivotal role in the evolution of judicial system in India by
becoming the voice of the poor and voiceless.
5)Good governance necessitates balance among the three
pillars of government - executive, legislature and judiciary with effective
checks over one another. As stressed upon by Prime Minister, “They are members
of the same family...We do not have to prove anyone right or wrong. We know our
strengths, we know our weaknesses.” The three wings need to brainstorm on how
to move forward in the changed scenario to realise the agenda of Sabka Saath,
Sabka Vikas, Sabka Vishwas (together with all, development for all, the trust
of all) through the mantra of Minimum Government and Maximum Governance.
6)This reinforces the spirit of inclusiveness as
enunciated by Mahatma Gandhi, “I understand democracy as something that gives
the weak the same chance as the strong.” This would also realise the
Constitutional vision of Dr. Ambedkar which upholds the principles of rule of
law, equality of opportunity to ensure every citizen, the value and dignity he
deserves
Select the correct answer using the code given below.
(a) 1,2,3,4,5,6
(b) 2 and 3
(c) 1 and 3
(d) None
Answer. a
23)Consider the following :
1)The Constitution of India lays down clearly the bases
on which foreign policy should be framed and respected.
2)The basic thrust of Article 51 is to maintain
international peace and security, international relations and international
obligations, matters which, under the Indian Constitution, fall exclusively
within the domain of the Union.
3)Under the Constitution, the constituent units of the
Indian Union do not enjoy any international standing . Although this article
falls in the Part IV of the Constitution which is non-justiciable, nonetheless,
it occupies an important position in the determination of foreign policy in
India. The members of the Constituent Assembly acknowledged that declaration of
India’s pledge to promote international peace and security was necessary. It
was felt by the members that in absence of international peace and security,
there could be no peace and economic and social progress in the country. This
article requires India to maintain friendly relations with other nations.
4)The roots of Article 51(d) which stipulates that the
State shall endeavor to encouragement of international disputes by arbitration
can be traced to the philosophy of non-violence which emphasises the use of
nonviolence approach for the solution of both national and international
problems.
5)In reality, Article 51(c) does not deal with the
enforcement of treaties, it only obligates the State to foster respect for
“international law and treaty obligations” in interstate relations. It does not
specify that international treaties or agreements entered into by India shall
have the force of municipal law without appropriate legislation undertaken
under Article 253 which declares,
“Notwithstanding
anything in the foregoing provisions of this Chapter, Parliament has power to
make any law for the whole or any part of the territory of India for
implementing any treaty agreement or convention with any other country or
countries or any decision made at any international conference, association or
other body.
6)Article 253 could be regarded as articulating a
“transformation doctrine” essentially a positivisist dualist position. This
Article is in conformity with the objectives as declared by Article 51(c),
i.e., treaty making, implementation of treaties.. The treaties are not
self-executing in India and to make a treaty enforceable in the court, the
Parliament has to adopt legislation under the Article 253 of the Constitution.
7)Article 246 effects a distribution of legislative power
between the Union and the States. Article 246(1) states, “… Parliament has
exclusive power to make laws with respect to any of the matters enumerated in
List I in the Seventh Schedule (in the “Union List”).”
Select the correct answer using the code given below.
(a) 1,2,3,4,5,6,7
(b) 2 and 3
(c) 1 and 3
(d) None
Answer. a
24)Consider the following :
1)Article 51(c) does not deviate from the
well-established principle that every State is bound by the principles of
international law
2)Interestingly, the provisions of the international
treaties were invoked in Courts for the purpose of interpreting the domestic
law.
3)The Supreme Court of India over the years has greatly
liberalised the rigours of locus standi of individuals to institute legal
proceedings.
4)The Supreme Court of India and the High Courts ensured
the effective implementation of human rights through a liberalised review of
administrative action . Such liberalisation had led to the spurt of public
interest litigation and emergence of new forms of jurisdiction in such matters
such as epistolary jurisdiction wherein the courts act even on the basis of
postcards or telegrams received from individuals or of stories or reports
published in magazines or newspapers, and the provision of compulsory legal aid
to the needy.
5)The Indian judiciary has also made an important
contribution to the safeguarding of other major areas of human rights,
including the right to life and personal liberty, freedom of expression and
speech and the protection of minorities
6)In Vishaka and others v. State of Rajasthan, the
Indian Supreme Court appeared to have moved from transformation doctrine to
incorporation doctrine. The court was concerned in that case with the
protection to be afforded to working women from sexual harassment at workplace
so as to make their fundamental rights meaningful.
7)Relying upon Articles 14,15,19(1)(g) of the
Constitution, the court observed that “any international convention not
inconsistent with the fundamental rights and in harmony with this spirit must
be read into these provisions to enlarge the meaning and content thereof to
promote the object of the constitutional guarantee
Select the correct answer using the code given below.
(a) 1,2,3,4,5,6,7
(b) 2 and 3
(c) 1 and 3
(d) None
Answer. a
25)Consider the following :
1)Human rights jurisprudence in India has reached a stage
where one could easily say that the Indian Constitution recognises the
fundamental right to human dignity.
2)The fundamental right to human dignity directly
flows from Article 21 of the Indian Constitution.
3)Before Maneka Gandhi v. Union of India, a very narrow
and contrite meaning to the fundamental right embodied in Article 21 was given.
4)But the Maneka Gandhi decision gave a new direction to
human rights jurisprudence. It laid down that not merely should there be
procedure established by law, but the procedure itself must also be reasonable,
fair and just, otherwise the law would be violative of Article 21.
5)Through its various judgments, the Supreme Court
rationalised the needed human rights into justiciable fundamental rights.
6)The Court has enriched and enlarged the right of access
to justice through public interest litigation, transformed the distant Supreme
Court into a poor man’s Court via innovations such as epistolary jurisdiction.
7)Remarkable advances have been made in the field of
human rights by the Supreme Court.
8)The main emphasis has been on making basic civil and
political rights meaningful for the large masses of people who are living a
life of poverty and destitution to whom these basic human rights have so far no
meaning or significance because of constant and continuous deprivation and
exploitation
Select the correct answer using the code given below.
(a) 1,2,3,4,5,6,7,8
(b) 2 and 3
(c) 1 and 3
(d) None
Answer. a
======================
26)Consider the following :
1)Namdev flourished some years . He was a tailor by caste
and profession. However, poetic genius was quite ready at his service, and he
wrote a great many ‘Abhangas’ on
devotion to God.
2)This we may call the first or early period of Marathi
literature. It extended from 1200-1350 A.D. This period is marked by works on
spiritual philosophy and devotional love
3)From the middle of the 14th century till the beginning
of the 16th century the Mohammedan Kingdom ruled and place of Marathi was taken
by the Persian language
4)Saint Eknath was born in 1518. The seed of literary
genius germinated again. He resumed the task commenced by Dnyaneshwar before
two centuries.
5)The third is the most brilliant period in the history
of Marathi literature. It extends from the beginning of the 17th century to the
close of Peshwa rule. It was almost a period of two hundred years. Three great
poets Ramdas, Tukaram and Mukteshwar were born in only a year or so about 1603 A.D.
6)Saint Tukaram, the greatest poet in Marathi literature
preached asceticism, toleration and devotion to God. He, too, sharply
criticised rigidity in social structure imposed by the upper caste. He took the
Bhakti movement to its height. He was a ‘Warkari’
of devotionalism tradition. Saint Tukaram composed Abhanga poetry, a
Marathi genre of literature which is metrical (traditionally the ovi meter),
simple, direct, and fuses folk stories with deeper spiritual themes. His great
contribution is found in his use of local language in contrast to his
predecessors such as Dnyaneshwar and Namdev who were known for combining a
similar depth of thought with a grace of style.
7)‘Tukaramgatha’ is the Marathi language compilation of
his works, which covers a wide range of human emotions and life experiences.
Select the correct answer using the code given below.
(a) 1,2,3,4,5,6,7
(b) 2 and 3
(c) 1 and 3
(d) None
Answer. a
27)Consider the following :
1)Hari Narayan Apte (1864-1919) dominated the scene
during (1885-1920). He was the first Marathi
novelist who understood the object, elements, and effects of the novel.
2)This period marked the influence of Sanskrit criticism.
Western thoughts in criticism also played a major role in shaping our
criticism.
3)Ganesh Shastri Lele’s ‘Sahityashastra’ (1872) and Daji
Pradhan’s ‘Rasmadhav’ (1867) both works reflect influence of Sanskrit
criticism.
4)Mahadev Moreshwar Kunte wrote a preface on the poetry
written on Shivaji. He discussed literary principles, form, epic poetry,
romantic and classical cults in his preface.
5)Vishnushastri Chiplunkar laid the foundation of Marathi
literary criticism in this period. Haribhau Apte and V.K. Rajwade also
contributed with their brilliant literary arguments in shaping the Marathi
literary criticism. Shripad Krushna Kolhatkar also wrote criticism on the drama
tradition of his time. N.C. Kelkar also wrote prolific criticism.
Select the correct answer using the code given below.
(a) 1,2,3,4,5
(b) 2 and 3
(c) 1 and 3
(d) None
Answer. a
28)Consider the following :
1)Indulekha” (1889) written by O. Chandu Menon, is
considered as the first significant Malayalam novel.
2)Some novelistic works published before Indulekha are
not considered as novels in the strict sense.
3)Mrs. Collin’s “Ghatakavadham” (The Slayer Slain)
(1872), Dicken Koshy’s “Pulleli Kunju” (1882) and Appu Nedungadi’s
“Kunthalatha” (1887) were prominent among them.
4)Indulekha was followed by the historical novels by C.V.
Raman Pillai such as “Martandha Varma” (1891), “Dharmaraja” (1913), and
“Ramaraja Bahadur” (1919).
5)Some critics consider “Parappuram” (1908) by K.
Narayana Kurukkal as the first political novel and “Bhaskara Menon” (1904) by
Appan Thampuran as the first detective novel. Appan Thampuran’s novel
“Bhutarayar” (1923) is also historically significant, for it portrays the
second century Kerala. With its epic features, “Kerala Simham” (1941) by
K.M.Panikkar also attracts the readers and the critics alike.
6)The first Malayalam novel that dealt with the socially
backward classes was “Saraswatheevijayam” (1892) by Potheri Kunjambu
Select the correct answer using the code given below.
(a) 1,2,3,4,5,6
(b) 2 and 3
(c) 1 and 3
(d) None
Answer. a
29)Consider the following :
1)The Constitution of India was not typeset or printed but was handwritten and calligraphed
in both English and Hindi.
2)It was entirely handcrafted by the artists of
Shantiniketan under the guidance of Acharya
Nandalal Bose, with the
calligraphy texts done by Prem Behari Narain
Raizada in Delhi.
Select the correct answer using the code given below.
(a) Both 1 and 2
(b) 1 only
(c) 2 only
(d) Neither 1 nor 2
Answer. a
30)Consider the following :
1)Indian Constitution has guaranteed several rights
for its citizens which are known as fundamental rights as enshrined in Part III
of the Constitution.
2)Right to Life, Liberty, Equality, Dignity, Freedom of
speech and expression besides religious freedom that includes right to profess,
practice and propagate one’s own belief, faith and worship and right against
exploitation and rights of minorities towards culture and to establish
education institutions are some of the enforceable rights which cannot be
infringed upon by the State through executive action.
3)The Constitution safeguards all citizens, individually
and collectively, human rights by protecting basic freedoms.
4)These are guaranteed in the Constitution in the form of
six broad categories of Fundamental Rights, which are justiciable.
5)Article 12 to 35 contained in Part III of the
Constitution deals with Fundamental Rights
Select the correct answer using the code given below.
(a) 1,2,3,4,5
(b) 2 and 3
(c) 1 and 3
(d) None
Answer. a
31)Consider the following :
1)The Fundamental Rights have been accorded prime
importance in the Constitution of India.
2)There have been judicial pronouncements which have
upheld the superiority of Fundamental Rights as provided in the Constitution of
India.
3)The Supreme Court of India in the Kesavanand Bharti case, Minerva Mills and I.R. Coelho case have upheld that though fundamental
rights, as such, are not immune from amendment en block, particular rights or
part thereof may be held as basic features which cannot be amended by
exercising the power of amendment under
Article 368 of the
Constitution of India
Select the correct answer using the code given below.
(a) 1,2,3
(b) 2 and 3
(c) 1 and 3
(d) None
Answer. a
32)Consider the following :
1)Prior to the decision in Maneka Gandhi case, in 1978, Article 21 of
the Constitution of India was construed narrowly only as a guarantee against
executive action unsupported by law.
2)But this case opened up a new dimension and laid down
that it imposed a limitation upon law-making as well, that while prescribing a
procedure for depriving a person of his life or personal liberty, it must
prescribe a procedure which is reasonable, fair, and just.
3)The Supreme Court in its various decisions has stated
that Right to Life, enshrined in
Article 21 means something more than mere survival or
animal existence.
4)Over the years, human rights jurisprudence has
developed allowing the judiciary the power of judicial review of all
legislation in India.
5)The main object is to secure the paramountcy of the
Constitution in regard to fundamental rights which represent the basic human
rights of the people. This is done by prohibiting the State from making a law
which either takes away or abrogates the part of fundamental rights totally
Select the correct answer using the code given below.
(a) 1,2,3,4,5
(b) 2 and 3
(c) 1 and 3
(d) None
Answer. a
33)Consider the following :
1)In Ranjitsing Brahmajeetsing Sharma v. State of
Maharashtra, the Supreme Court opined that gender injustice, pollution,
environmental degradation, malnutrition, social ostracism of dalits are various
forms of violations of human rights.
2)The presumption of innocence is also a human right.
Select the correct answer using the code given below.
(a) Both 1 and 2
(b) 1 only
(c) 2 only
(d) Neither 1 nor 2
Answer. a
34)Consider the following :
1)Part IV of the Constitution lays down the Directive Principles of State Policy which are fundamental in the governance of the
country and it shall be the duty of the state to apply these principles in
making laws.
2)The courts have opined that these directives supplement
fundamental rights in achieving a welfare state. They cannot be seen in
isolation and are rather contributory and complementary to each other
Select the correct answer using the code given below.
(a) Both 1 and 2
(b) 1 only
(c) 2 only
(d) Neither 1 nor 2
Answer. a
35)Consider the following :
1)In recent times, the Apex Court has been taking a lead
in protection of the rights of the vulnerable
communities like LGBTI etc. and have come up with many landmark
judgments.
2)In the case of National Legal Services Authority v.
Union of India, the Supreme Court of India declared transgender people to be a ‘third gender’
and affirmed that the fundamental rights granted under the Constitution
of India will be equally applicable to transgender people.
3)The Apex Court directed the Centre and the State governments
to take steps to treat them as socially and educationally backward classes and
to extend reservation in case of admission in educational institutions and for
public appointments. This judgment is a major step towards gender equality in
India.
4)The Supreme Court in Navtej Singh Johar v. Union of
India gave a historic, and unanimous decision on Section 377 of the Indian Penal Code, decriminalising homosexuality.
5)The Apex Court ruled that sexual orientation is an
intrinsic element of liberty, dignity, privacy, individual autonomy and
equality, and that intimacy between consenting adults of the same-sex, is
beyond the legitimate interests of the state.
Select the correct answer using the code given below.
(a) 1,2,3,4,5
(b) 2 and 3
(c) 1 and 3
(d) None
Answer. a
36)Consider the following about NHRC :
1)The growing concern regarding violation of human rights
led to the enactment of Protection of Human Rights Act which provided for
constitution of National Human Rights
Commission (NHRC), State Human
Rights Commission in states and Human Rights Courts for protection of Human
Rights and for matters connected therewith.
2)The NHRC came into being in October, 1993.
3)It is in conformity with the Paris Principles, adopted
at first international workshop on national institutions for the promotion and
protection of human rights held in October 1991, and endorsed by the General
Assembly of the United Nations by its Regulations 48/134 of 20 December, 1993.
4)It is an embodiment of India’s concern for the
promotion and protection of human rights
Select the correct answer using the code given below.
(a) 1,2,3,4
(b) 2 and 3
(c) 1 and 3
(d) None
Answer. a
37)Consider the following :
1)To offset the increasing tendencies of indifference
towards the business of the government amongst its citizens and to check
fissiparous growth, the Constitution
(Forty-Second) Amendment Act, 1976 introduced
the concept of fundamental duties by adding Part IV-A, consisting of the
sole Article 51A.
2)That the Constitution ought to be amenable to change to
allow for emerging needs was always recognised.
Select the correct answer using the code given below.
(a) Both 1 and 2
(b) 1 only
(c) 2 only
(d) Neither 1 nor 2
Answer. a
38)Consider the following :
1) In Shyam Narayan Chouksey , the Supreme Court stated that Article
51A(a) enjoins a duty on every citizen of India the duty to respect ideals and
institutions, including the national flag and national anthem.
2)This was the case in which the Apex Court of India
passed a judgment regarding compulsory display of the national anthem prior to
screening any movie in the theatres or cinema halls. The Hon’ble SC made it
mandatory for all patrons to rise for the duration of this feature
presentation. Through this case, the Court intended to bring in standardisation
in the way people portrayed their love for the country and provided set actions
and procedures to fulfil the underlying idea of Article 51A of the Indian
Constitution.
3)In yet another case, the SC relied on Article 51A (d)
to state that any citizen may bring it to the notice of the Court if any Act of
the legislature provides shelter and protect
Select the correct answer using the code given below.
(a) 1,2,3
(b) 2 and 3
(c) 1 and 3
(d) None
Answer. a
39)Consider the following :
1)Interestingly, Article 51A(k) was introduced as a
fundamental duty in 2002, along with Article 21A as a fundamental right.
2)Through Article 51A(k) read with Article 21A, the
State and the parents are made to share obligation with regard to education of
the children in the following manner:
(i)
the State with free education
(ii)
the
parents with compulsory education.
3)The State has been entrusted with the responsibility to
ensure compulsory education while at the same time Article 51A(k) does not
penalise parents or guardians for not being able to send their wards to school.
4) In similar manner, right to hoist the national flag
has been granted to the citizens subject to the restrictions specified in the
Article 51A (c)
Select the correct answer using the code given below.
(a) 1,2,3,4
(b) 2 and 3
(c) 1 and 3
(d) None
Answer. a
40)Consider the following :
1)Every right comes with a corresponding duty.
2)Whenever the law recognises that a person has right, it
also means that another person is under a legal duty to comply with that right.
3)The Constitution of India provides for fundamental
rights guaranteed under Part III, and thus the duty lies upon the state to
protect those rights.
4)On the other hand, the Constitution categorically
provides for certain fundamental duties enshrined under Part IV A, to be
performed by its citizens.
5)Originally, fundamental duties as such were not a part
of the Constitution. These were introduced for the first time in 1976 by the
42nd Amendment of the Constitution after the recommendations of the Swaran
Singh Committee.
6)This insertion was in line with Article 29(1) of the
Universal Declaration of Human Rights which states, “Everyone has duties to the
community in which alone the free and full development of the personality is
possible”.
7)While ten of the duties were incorporated in the
Constitution of India in 1976, 11th was included in the year 2002 by the 86th
Amendment
Select the correct answer using the code given below.
(a) 1,2,3,4,5,6,7
(b) 2 and 3
(c) 1 and 3
(d) None
Answer. a
41)Consider the following :
1)Part IV of the Constitution of India provides for
Directive Principles of State Policy.
2)A common thread runs through Part III, Part IV and Part
IV A of the Constitution of India.
3)The first lays down the fundamental rights, second
enumerates the fundamental principles of governance and the third prescribes
the fundamental duties of the citizens. Thus, where the state is obliged not to
infringe the rights of individuals, the individuals are under a duty towards
the state and to contribute for the social welfare and nation building.
4)The insertion of the fundamental duties certainly had
an object but it cannot be denied that the same has not been achieved
effectively till date.
5)The ‘National Commission to Review the Working of the
Constitution (NCRWC)’ was set up by Government in the year 2000 under the
Chairmanship of Justice M.NVenkatachaliah. The Commission submitted its report
in which it emphasised upon the importance and enforcement of the Fundamental
Duties.
6)The Verma Committee (1999) categorically made certain
recommendations for the effectiveness of the Fundamental Duties
Select the correct answer using the code given below.
(a) 1,2,3,4,5,6
(b) 2 and 3
(c) 1 and 3
(d) None
Answer. a
42)Consider the following :
1)The mandate of Article 51A of Constitution of India is obligatory and not mandatory in nature.
2)It simply says that it shall be certain duties of every
citizen which they are expected to observe.
3)There should not have been any need to state so,
nonetheless it states such duties. It expects the citizens to abide by the
Constitution and respect “to abide by the Constitution and respect its
ideals and institutions, the National Flag and the National Anthem”.
4)India became independent after a lot of struggle and
hence it is important “to cherish and follow the noble ideals which inspired
our national struggle for freedom”.
5)Being a citizen of India, it is a sacred duty of every
citizen “to uphold and protect the sovereignty, unity and integrity of India”
and where the need is felt so “to defend the country and render national
service”
Select the correct answer using the code given below.
(a) 1,2,3,4,5
(b) 2 and 3
(c) 1 and 3
(d) None
Answer. a
43)Consider the following :
1)The Constitution of India is its ‘lex loci’ i.e. the
parent of all laws in the country.
2)The three pillars of Indian State (Legislature,
Executive & Judiciary) derive their authority from the Constitution.
3)It was framed by a Constituent Assembly set up under
the Cabinet Mission Plan of 1946.
4)The Assembly set up 13 committees for framing the
constitution including a Drafting Committee under the Chairmanship of Dr. B.
R. Ambedkar. On the basis of the reports of these committees, a draft of
the Constitution was prepared by a seven-member Drafting Committee.
Select the correct answer using the code given below.
(a) 1,2,3,4
(b) 2 and 3
(c) 1 and 3
(d) None
Answer. a
44)Consider the following :
1)With the Charter Act of 1833, the Governor
General of Bengal became the Governor General of India.
2)A Central Legislature was created which made the
British supreme rulers of India.
3)The rule of the Company finally ended with the
enactment of the Government of India Act 1858.
4)Consequently, British Crown became the ruler of
India and started administrating our country through its Government
5)The Indian Council Acts of 1861, 1892 and 1909 started
giving representation to the Indians in the Viceroy’s Councils.
6)Thereafter, the Britishers restored legislative powers
back to some provinces (States).
7)They adopted decentralisation of powers between the
Centre and States.
8)Later, with the enactment of the Government of India
Act 1919, Legislative Councils came into existence in all the
States.
9)The Britishers adopted bicameral structure with
separate Central and State Governments. It was for the first time when people
could elect their own representatives through direct elections. The
Constitution of India later adopted this quasi-federal and bicameral structure
of governance
10)The enactment of Government of India Act 1935
was one of the most important events in the history of the Constitution as this
law divided powers of governance into Federal List, Provincial List, and
ConcurrentList.
11)Later, the Constitution of India also incorporated
this division of powers between the Central and State Governments. This act
provided more autonomy of self-governance to the provinces.
12)It had also established the Federal Court which
is now called the Supreme Court of India.
13)The enactment of the Indian Independence Act of
1947 marked the final step in the departure of the British from India.
14)Our country became an independent and sovereign state
after this act. This act de facto established Central and Provincial
Governments besides laying the foundation of the Constituent Assembly
Select the correct answer using the code given below.
(a) 1,2,3,4,5,6,7,8,9,10,11,12,13,14
(b) 2 and 3
(c) 1 and 3
(d) None
Answer. a
45)Consider the following :
1)The Constituent Assembly of India came into existence
as per the provisions of Cabinet Mission Plan of May 1946.
2)Its major task was to facilitate transfer of sovereign
power from British authorities to Indian hands.
3)The Assembly was to have proportional representation
from existing provincial legislatures and from various princely states.
4)The elections were completed by the end of 1946 under
the supervision of Reforms Office under the Governor General.
5)The members of Provincial Assemblies indirectly elected
the members of the Constituent Assembly.
6)This Assembly served as the first Parliament of India.
It first met on 9 December, 1946 in Delhi and historical journey was started
which saw India attaining independence, deciding on its national flag, national
insignia and national anthem.
7)After independence, the Assembly elected Dr. Rajendra
Prasad as its Chairman while V.T. Krishnamachari and H.C. Mookerji served as
Vice-Chairmen. H.V.R Iyengar was the Secretary General of the Assembly and S.N.
Mukerji was the Chief Draftsman. Thus, began the exercise for drafting of the
Constitution with Dr. B.R. Ambedkar as the Chairman of the Drafting Committee
who is often called the father of the Indian Constitution.
8)The Constituent Assembly also took help from many
non-members in the formulation of the Constitution.
9)Eminent public figures outside the Assembly were
requested to work as members of the committees formed by the Assembly for
focused deliberations on specific features from time to time.
10)Much of the constitution making took place in the
meetings of these committees, both from procedural and substantive viewpoint.
However, there seems to be no official document in public domain on the exact
number of committees formed by the Constituent Assembly. Resolutions were moved
for setting up committees as per need and adopted after careful discussion.
Depending on the swiftness of nomination/ election of members of various
committees, their formal appointment took only few hours/ days from the
adoption of the resolution.
11)A Special Committee was also constituted to decide on
the future course of action after receiving the comments of the Draft
Constitution in February 1948.
12)There seems to be no resolution for the constitution
of this special committee and; how and why this committee of great importance
was formed.
13)Thirty two members attended the meeting of Special
Committee on 10-11 April, 1948 chaired by Pt. Jawaharlal Nehru.
14)After more than two years of deliberations, the
Constituent Assembly finally approved the Constitution on 26 November, 1949,
which is now celebrated as Constitution Day.
15)The Constituent Assembly formally adopted the
Constitution on 26 January, 1950 to make our country a Sovereign Republic
Select the correct answer using the code given below.
(a) 1,2,3,4,5,6,7,8,9,10,11,12,13,14,15
(b) 2 and 3
(c) 1 and 3
(d) None
Answer. a
46)Consider the following about First Amendment Act :
1)The First Amendment Act therefore went on to amend
articles 15, 19, 85, 87, 174, 176, 341, 342, 372 and 376.
2)It inserted articles 31A and 31B.
3)The Ninth schedule to the constitution was also
added in this amendment vide Article 31B. It is relevant to note that at
this point of time there were 7 groups of rights guaranteed under the
constitution
4)These were: Right to Equality; Right to Freedom; Right
to Property; Right against Exploitation; Right to Freedom of Religion; Cultural
and Educational Rights and Right to Constitutional Remedies.
5)However, vide the 44th Constitutional Amendment (1978)
Right to Property was taken away from the list of Fundamental rights and placed
in a new Article 300A as an ordinary legal right and thus currently there only
6 groups of rights exist
6)The provisions introduced by the First amendment have
been subject matter of much judicial deliberation and decisions. The amended
Article 19 (2) came to be first interpreted by the Supreme Court in Ramji Lal
Modi Vs State of U.P. We saw how in Romesh Thapar V The State of Madras the
Supreme Court was fiercely protective of the rights of free speech and
expression
Select the correct answer using the code given below.
(a) 1,2,3,4,5,6
(b) 2 and 3
(c) 1 and 3
(d) None
Answer. a
47)Consider the following about Ninth Schedule :
1)Any law included in the Ninth Schedule, Constitution of
India was protected from judicial
review, even if it was unconstitutional and violating Fundamental Rights.
2)What started as a list of 13 laws enabling land reforms
has since expanded to protect 282 laws enabling nationalization, currency
controls, price and quantity controls, and even the excesses of the Emergency.
Select the correct answer using the code given below.
(a) Both 1 and 2
(b) 1 only
(c) 2 only
(d) Neither 1 nor 2
Answer. a
48)Consider the following :
1)In striking down Section 66 A of the Information
Technology Act in Shreya Singhal _Vs_ Union of India, the Court once again
assertively established its constitutional role as protector of freedom of
speech and expression.
2)Section 66A empowered authorities to punish for sending
“offensive” messages through a computer or any other communication device.
3)Striking down the provision the court therefore held,
“we therefore hold that the section is unconstitutional also on the ground that
it takes within its sweep protected speech and speech that is innocent in
nature and is liable to be used in such a way as to have a chilling effect on
free speech and would therefore have to be struck down on the ground of over
breadth
4)Therefore, the very same concept of “over breadth” that
aided the court to strike down provisions in Romesh Thapar has come to the aid
of the court in striking down Section 66A of the IT Act notwithstanding the
first amendment.
Select the correct answer using the code given below.
(a) 1,2,3,4
(b) 2 and 3
(c) 1 and 3
(d) None
Answer. a
49)Consider the following about Tenth Schedule :
1)The Tenth Schedule of the Constitution was added in
1985 through the fifty second amendment.
2)In brief, it provides for the disqualification of an MP
if he defects from his party or if he does not vote in accordance with the whip
issued by his party.
3)Effectively, this gives control to the party leadership
over the votes of all its members.
4)Any member who disobeys the party diktat would lose his
seat and there would be by-elections.
5)It is our contention that the anti-defection law goes
against the very concept of representative democracy.
6)It has weakened the role of Parliament as a body that
scrutinises legislative proposals and that oversees the functioning of the
executive
Select the correct answer using the code given below.
(a) 1,2,3,4,5,6
(b) 2 and 3
(c) 1 and 3
(d) None
Answer. a
50)Consider the following :
1)In our Parliament, most Bills and motions are passed
by voice votes.
2)That is, the Speaker asks the members supporting a
motion to say “aye”, and then those opposing to say “no”, and then he/she
judges which side has more voices.
3)The votes of individual members are recorded (called a
division) only if any MP demands so. The exception is for bills that amend the
Constitution.
4)As a result, only a few bills or motions go through a
division shows the number of bills that
recorded votes.
5)This implies that voters cannot question their MPs on
their voting behaviour. The importance can be gleaned from some rare instances
when votes were recorded.
6)For example, there was a division when the Criminal
Laws Amendment Bill was discussed in the aftermath of the Delhi gang rape
incident of 2012 and Justice Verma Committee report.
7)While there was unanimous support for the Bill among the
members present in Lok Sabha, we know–thanks to the fact that the vote was
recorded–that there were only 198 of the 545 MPs present in Lok Sabha during
the vote (Sometimes it happened).
Select the correct answer using the code given below.
(a) 1,2,3,4,5,6,7
(b) 2 and 3
(c) 1 and 3
(d) None
Answer. a
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