1. Consider the following statements:
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?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Answer: (b)
Explanation:
The doctrine of basic features is neither defined nor mentioned anywhere in the Constitution. This doctrine was laid down by the Supreme Court in the landmark Keshavnand Bharati case. And even the Supreme Court is yet to define or clarify what all constitutes basic features, and the doctrine therefore, remains open ended. Hence, statement 1 is not correct. The doctrine of judicial review originated and developed in the USA. It was propounded for the first time in the famous case of Marbury versus Madison (1803) by John Marshall, the then chief justice of the American Supreme Court. In India, on the other hand, the Constitution itself confers the power of judicial review on the judiciary (both the Supreme Court as well as High Courts).
Judicial review is needed for the following reasons:
(a) To uphold the principle of the supremacy of the Constitution.
(b) To maintain federal equilibrium (balance between the Centre and the states)
(c) To protect the Fundamental Rights of the citizens. Therefore, statement 2 is correct. Therefore the correct answer is (b).
2. In the context of India, which one of the following is the characteristic appropriate for bureaucracy?
(a) An agency for widening the scope of parliamentary democracy
(b) An agency for strengthening the structure of federalism
(c) An agency for facilitating political stability and economic growth
(d) An agency for the implementation of public policy
Answer: (d)
Explanation:
Bureaucracy or the permanent executive is body of appointed officials which primarily responsible for two functions
1. Providing policy inputs to the elected representatives who form the popular executive
2. Implementation of the public policy approved by the popular executive Therefore, option (d) is most appropriate answer as it represents one of the primary function of bureaucracy. Bureaucracy has no direct role in the dynamics of parliamentary democracy as it works on principles of political neutrality and anonymity. Hence, it is apolitical. In context of India, bureaucracy is represented by All India Services like IAS which are unitary in characteristic and they are often criticised by state governments as going against the federal spirit. Though
bureaucracy acts as catalyst for economic growth and provides stability to administration and policy to some extent, it has no direct role in political stability. Political stability in India’s parliamentary system is dependent on the confidence enjoyed by executive in Lok Sabha.
Therefore, options (a), (b), (c) are not correct. Therefore the correct answer is (d).
3. The Preamble to the Constitution of India is
(a) a part of the Constitution but has no legal effect
(b) not a part of the Constitution and has no legal effect either
(c) part of the Constitution and has the same legal effect as any other part
(d) a part of the Constitution but has no legal effect independently of other parts
Answer: (d)
Explanation:
With respect to whether the Preamble is In the Kesavananda Bharati case(1973), the Supreme Court rejected the earlier opinion and held that Preamble is a part of the Constitution. It observed that the Preamble is of extreme importance and the Constitution should be read and interpreted in the light of the grand and noble vision expressed in the Preamble. In the LIC of India case18 (1995) also, the Supreme Court again held that the Preamble is an integral part of the Constitution. In both the Berubari Union case (1963) and the Kesavnanda Bharati Case
(1973), the Supreme Court of India quoted the following observations of Willoughby about the Preamble to the American Constitution:- It has never been regarded as the source of any substantive power conferred on the Government of the United States, or on any of its departments. Such power embrace only those expressly granted in the body of the Constitution and such as may be implied from those so granted. What is true about the powers is equally true about the prohibitions and limitations. Hence Preamble to the constitution of India is part of the Constitution but has no legal effect independently of other parts Therefore the correct answer is (d).
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4. With reference to the provisions contained in Part IV of the Constitution of India, which of
the following statements is/are correct?
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:
(a) 1 only
(b) 2 only
(c) 1 and 3 only
(d) 2 and 3 only
Answer: (d)
Explanation:
The phrase ‘Directive Principles of State Policy’ denotes the ideals that the State should keep in mind while formulating policies and enacting laws. These are the constitutional instructions or recommendations to the State in legislative, executive and administrative matters. ü The Directive Principles resemble the ‘Instrument of Instructions’ enumerated in the Government of India Act of 1935. In the words of Dr. B.R. Ambedkar, ‘the Directive Principles are like the instrument of instructions, which were issued to the Governor General and to the Governors of the colonies of India by the British Government under the Government of India Act of 1935. What is called Directive Principles is merely another name for the instrument of instructions. The only difference is that they are instructions to the legislature and the executive’. ü The Directive Principles constitute a very comprehensive economic, social and political programme for a modern democratic State. They aim at
realizing the high ideals of justice, liberty, equality and fraternity as outlined in the Preamble to the Constitution. They embody the concept of a ‘welfare state’ and not that of a ‘police state’, which existed during the colonial era. In brief, they seek to establish economic and
social democracy in the country. ü The Directive Principles are non-justiciable in nature, that is, they are not legally enforceable by the courts for their violation. Therefore, the government (Central, state and local) cannot be compelled to implement them. Nevertheless,
the Constitution (Article 37) itself says that these principles are fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws. Hence, statements 2 and 3 are correct. Therefore the correct answer is (d).
5. Consider the following statements:
1. According to the Constitution of India, a person who is eligible to vote can be made a minister in a State for six months even if he/she is not a member of the Legislature of that State.
2. According to the Representation of People Act, 1951, a person convicted of a criminal offence and sentenced to imprisonment for five years is permanently disqualified from contesting an election even after his release from prison.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2only
(c) Both 1 and 2
(d) Neither 1 nor 2
Answer: (d) Explanation:
The Constitution lays down only the following four qualifications for a person to be chosen a member of the state legislature. ü He must be a citizen of India. ü He must make and subscribe to an oath or affirmation before the person authorised by the Election Commission for this purpose. In his oath or affirmation, he swears –
To bear true faith and allegiance to the Constitution of India 2 To uphold the sovereignty and integrity of India ü He must be not less than 30 years of age in the case of the legislative council and not less than 25 years of age in the case of the legislative assembly. ü He must possess other qualifications prescribed by Parliament. Therefore statement 1 is not correct According to the Representation of People Act, 1951 A person convicted of any offence and sentenced to imprisonment for not less than two years shall be disqualified from the date of such
conviction and shall continue to be disqualified for a further period of six years since his release. Hence, statement 2 is not correct Therefore the correct answer is (d).
6. Consider the following statements:
1. The President of India can summon a session of the Parliament at such a place
as he/she thinks fit.
2. The Constitution of India provides for three sessions of the Parliament in a
year, but it is not mandatory to conduct all three sessions.
3. There is no minimum number of days that the Parliament is required to meet
in a year.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) 1 and 3 only
(d) 2 and 3 only
Answer: (c)
Explanation:
Article 85(1) of the Constitution empowers the President to summon each House of Parliament to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one Session and the date appointed for its first sitting in the next Session. So, the Constitution provides for the maximum gap between two sessions of Parliament, i.e. it cannot be more than six months. In other words, the Parliament should meet at least twice a year. Therefore the constitution prescribes a maximum gap but there is no minimum gap. So, statement 1 and 3 are correct, and 2 is not correct. Therefore the correct answer is (c).
7. In which one of the following groups are all the four countries members of G20?
(a) Argentina, Mexico, South Africa and Turkey
(b) Australia, Canada, Malaysia and New Zealand
(c) Brazil, Iran, Saudi Arabia and Vietnam
(d) Indonesia, Japan, Singapore and South Korea
Answer: (a)
Explanation:
The Group of Twenty (G20) is the premier international forum for global economic cooperation. Its members are: Argentina, Australia, Brazil, Canada, China, France, Germany, India, Indonesia, Italy, Japan, Republic of Korea, Mexico, Russia, Saudi Arabia, South Africa, Turkey, United Kingdom, United States, and the European Union. Therefore, the correct answer is (a).
8. Rajya Sabha has equal powers with Lok Sabha in
(a) the matter of creating new All India Services
(b) amending the Constitution
(c) the removal of the government
(d) making cut motions
Answer: (b)
Explanation:
Rajya Sabha has equal powers with Lok Sabha in the amendment of the constitutional bill. Unlike money bill, the constitutional amendment bill has to be approved by both the houses of Parliament with special majority. There is no provision of Joint Session in case of disagreement, so, Lok Sabha cannot override the decision of Rajya Sabha. However, in the matters of formation and removal of government, the Rajya Sabha has unequal status with respect to Lok Sabha. Similarly, Rajya Sabha has less powers in the matters of finance like making cut motions, passing money bill, etc. vis-a-vis Lok Sabha. The Rajya Sabha has been given some special powers which it enjoys exclusively. This includes power to authorise the Parliament to create new All-India Services common to both the Centre and states (Article 312) by passing a resolution. Therefore the correct answer is (b).
9. With reference to the funds under Members of Parliament Local Area Development Scheme (MPLADS), which of the following statements are correct?
1. MPLADS funds must be used to create durable assets like physical infrastructure for health, education, etc.
2. A specified portion of each MP’s fund must benefit SC/ST populations.
3. MPLADS funds are sanctioned on yearly basis and the unused funds cannot be carried forward to the next year.
4. The district authority must inspect at least 10% of all works under implementation every year.
Select the correct answer using the code given below:
(a) 1 and 2 only
(b) 3 and 4 only
(c) 1, 2 and 3 only
(d) 1, 2 and 4 only
Answer: (d)
Explanation:
Following are the features of MPLAD scheme: All works to meet locally felt infrastructure and development needs, with an emphasis on creation of durable assets in the constituency are permissible under MPLADS except those prohibited in Annexure-II of the guidelines of
MPLAD. Therefore statement 1 is correct. Development of Areas inhabited by Scheduled Caste and Scheduled Tribe: M.Ps are to recommend every year, works costing at least 15 per cent of the MPLADS entitlement for the year for areas inhabited by Scheduled Caste
population and 7.5 per cent for areas inhabited by S.T. population. In other words, out of an amount of Rs.5 crores, a M.P. shall recommend for areas inhabited by S.C. population, Rs.75 lacs and Rs.37.5 lacs for areas inhabited by S.T. population. In case there is insufficient tribal
population in the area of Lok Sabha Member, they may recommend this amount for the creation of community assets in tribal areas outside of their constituency but within their State of election. In case a State does not have S.T. inhabited areas, this amount may be utilized in S.C. Therefore, statement 2 is correct MPLADS Funds are Non-lapsable: Funds released to the District Authority by the Government of India are non-lapsable. Funds left in the district can be carried forward for utilization in the subsequent years. Therefore, statement
3 is not correct. Role of the District Authority: The District Authority’s role has been outlined in different paragraphs of the MPLAD Guidelines. The District Authority would be responsible for overall coordination and supervision of the works under the scheme at the
district level and inspect at least 10% of the works under implementation every year. Therefore, statement 4 is correct. Therefore the correct answer is (d).
10. Which one of the following categories of ‘Fundamental Rights incorporated against
untouchability as a form of discrimination?
(a) Right against Exploitation
(b) Right to Freedom
(c) Right to Constitutional Remedies
(d) Right to Equality
Answer: (d)
Explanation:
Untouchability as a form of discrimination goes against the notion of equality amongst citizens irrespective of caste. Therefore, it has been incorporated under Article 17 as one of the five rights under the spectrum of right to equality (Articles 14-18) Therefore the correct
answer is (d).
11. In India, separation of judiciary from the executive is enjoined by
(a) the Preamble of the Constitution
(b) a Directive Principle of State Policy.
(c) the Seventh Schedule
(d) the conventional practice
Answer: (b)
Explanation:
Article 50 of the Indian Constitution recommends state to take efforts to separate the judiciary from the executive in the public services of the State. The Criminal Procedure Code (1973) has affected the separation of Judiciary from the Executive in pursuance of Article 50 under the Directive Principles of State Policy. Therefore the correct answer is (b).
12. Along with the Budget, the Finance Minister also places other documents before the Parliament which include ‘The Macro Economic Framework Statement’. The aforesaid document is presented because this is mandated by
(a) Long standing parliamentary convention
(b) Article 112 and Article 110(1) of the Constitution of India
(c) Article 113 of the Constitution of India
(d) Provisions of the Fiscal Responsibility and Budget Management Act, 2003
Answer: (d)
Explanation:
Fiscal Responsibility and Budget Management (FRBM) became an Act in 2003. The objective of the Act is to ensure inter-generational equity in fiscal management, long run macroeconomic stability, better coordination between fiscal and monetary policy, and transparency in fiscal operation of the Government. FRBM Act provides a legal institutional framework for fiscal consolidation. The Act also requires the government to lay before the parliament three policy statements in each financial year namely a. Medium Term Fiscal Policy Statement; b. Fiscal Policy Strategy Statement and c. Macroeconomic Framework Policy Statement. Therefore the correct answer is (d).
13. A constitutional government by definition is a
(a) government by legislature
(b) popular government
(c) multi-party government
(d) limited government
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Answer: (d)
Explanation:
Constitutional government is defined by the existence of a constitution—which may be a legal instrument or merely a set of fixed norms or principles generally accepted as the fundamental Law of the polity—that effectively controls the exercise of political power. The essence of constitutionalism is the control of power by its distribution among several state organs or offices in such a way that they are each subjected to reciprocal controls and forced to cooperate in formulating the will of the state. Constitutional government in essence is about constitutionalism which is about limited government. In many cases, constitutional government is used interchangeably with “constitutionally limited government” or “limited government”. Therefore the correct answer is (d)
14. 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)?
1. Preamble
2. Directive Principles of State Policy
3. Fundamental Duties
Select the correct answer using the code given below:
(a) 1 and 2 only
(b) 2 only
(c) 1 and 3 only
(d) 1, 2 and 3
Answer: (d)
Explanation:
The Universal Declaration of Human Rights (1948 consists of the following: The preamble sets out the historical and social causes that led to the necessity of drafting the Declaration. ü Articles 1–2 established the basic concepts of dignity, liberty, and equality. ü Articles 3–5 established other individual rights, such as the right to life and the prohibition of slavery and torture. ü Articles 6–11 refer to the fundamental legality of human rights with specific remedies cited for their defence when violated. ü Articles 12–17 established the rights of the individual towards the community, including freedom of movement. ü Articles 18–21 sanctioned the so-called “constitutional liberties” and spiritual, public, and political freedoms, such as freedom of thought, opinion, religion and conscience, word, and peaceful association of the individual. ü Articles 22–27 sanctioned an individual’s economic, social and cultural rights, including healthcare. It upholds an expansive right to a standard of living, provides for additional accommodations in case of physical debilitation or disability, and makes special mention of care given to those in motherhood or childhood. ü Articles 28–30 established the general means of exercising these rights, the areas in which the rights of the individual cannot be applied, the duty of the individual to society, and the prohibition of the use of rights in contravention of the purposes of the United Nations Organization. The Preamble of the constitution mentions about liberty, equality, fraternity, justice – social,
economic, political and many such things which overlap with the 1948 declaration as seen in Articles 1-2, 18-21, etc. Similarly, the 1948 declaration thus talks of not just political rights but also of social and economic rights especially under Articles 22-27. In case of Indian
constitution, these socio-economic rights are provided in the Directive Principles of state policy. Lastly, the declaration talks of not just rights but also duties of individual towards the society as seen in the Articles 28-30. Therefore, all the three parts reflect the spirit of the
declaration. Therefore the correct answer is (d).
15. In India, Legal Services Authorities provide free legal services to which of the following type of citizens?
1. Person with an annual income of less than Rs 1,00,000
2. Transgender with an annual income of less than Rs 2,00,000
3. Member of Other Backward Classes (OBC) with an annual income of less than ₹ 3,00,000
4. All Senior Citizens
Select the correct answer using the code given below:
(a) 1 and 2 only
(b) 3 and 4 only
(c) 2 and 3 only
(d) 1 and 4 only
Answer: (a)* (marked as controversial) Explanation: The persons eligible for getting free
legal services include: ü Women and children ü Members of SC/ST ü Industrial workmen ü
Victims of mass disaster, violence, flood, drought, earthquake industrial disaster ü Disabled
persons ü Persons in custody ü Persons whose annual income does not exceed ₹1 lakh ü
Victims of trafficking in human beings or begar. Therefore statement 1 is correct. Senior
citizens’ eligibility for free legal aid depends on the Rules framed by the respective State
Governments in this regard. In Delhi for example, senior citizens are eligible for free legal
aid subject to prescribed ceiling of annual income. Therefore, all senior citizens are not
eligible for free aid. Therefore, statement 4 is not correct. There is free aid to members of SC
and ST community but not for OBCs. Hence statement 3 is not correct. There is provision for
free legal aid to transgenders upto 2 lakhs in Delhi. (But it is yet to be implemented at an all
India level) Hence, (a) seems to be the most appropriate option among the given list.
16. A Parliamentary System of Government is one in which
(a) all political parties in the Parliament are represented in the Government
(b) the Government is responsible to the Parliament and can be removed 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
Answer: (b)
Explanation: By definition, a parliamentary system of government is one in which the
executive is responsible to the legislature. This responsibility means that executive stays in
power as long as it enjoys the confidence of the house. The moment, the confidence is lost, it
can be removed by Parliament by passing the no-confidence motion. This is is the same
feature which hampers the stability of the parliamentary system. Therefore, option (b) is
correct answer. Parliamentary system functions irrespective of whether all parties have
representation. The government is not directly elected by the people but indirectly through
their representative in Parliament. Therefore, the instrument to remove government through
public vote is not available in parliamentary system; this is a feature found in direct
democracies. Hence option (a), (b) are incorrect. Option (d) goes against the fundamental
principle of parliamentary democracy which requires an executive responsible to legislature.
Therefore the correct answer is (b).
17. Which part of the Constitution of India declares the ideal of a Welfare State?
(a) Directive Principles of State Policy
(b) Fundamental Rights
(c) Preamble
(d) Seventh Schedule
Answer: (a)
Explanation: The Directive Principles constitute a very comprehensive economic, social and
political programme for a modern democratic State. They aim at realising the high ideals of
justice, liberty, equality and fraternity as outlined in the Preamble to the Constitution. They
embody the concept of a ‘welfare state’ through the socialistic principles and not that of a
‘police state’, which existed during the colonial era. For example, Article 38 seeks to promote
the welfare of the people by securing a social order permeated by justice–social, economic
and political– and to minimise inequalities in income, status, facilities and opportunities.
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