Indian Constitution - MCQ Online Test (1) - UPSC MCQ

Explanation:

The Preamble declares that it is the people of India who had enacted, adopted and given the Constitution to themselves. Thus, sovereignty lies ultimately with the people. It also declares the ideals and aspirations of the people that need to be achieved.

Before Goa, Daman and Diu became part of India, a Tribunal the Relacao was highest court in these territories. In 1963, this Tribunal the Relacao was abolished and a court of judicial commissioner was established under Goa Daman and Diu (Judicial Commissioner’s Court) Regulation 1963. The Judicial Commissioner’s Court was the highest court of appeal and revision for the Union Territory. In 1981, the parliament passed High Court of Bombay (Extension of Jurisdiction to Goa Daman and Diu) Act, 1981 act to extend the Jurisdiction of High Court at Bombay to Union Territory of Goa, Daman and Diu and abolish the then existing court of Judicial Commissioner.

Explanation:

We have borrowed following features from the British Constitution:

• Parliamentary form of government
• The idea of single citizenship
• The idea of the Rule of law
• Institution of Speaker and his role
• Lawmaking procedure
• Procedure established by Law

Answer: b

Explanation:

Emergency provisions u/a 356 have been taken from Weimar Constitution of Germany.

 

Answer: b

Answer: c

Explanation:
Article 355 states, “It shall be the duty of the Union to protect every State against external aggression and internal disturbance and to ensure that the government of every State is carried on in accordance with the provisions of this Constitution”.

Which of the following is not a ground to discriminate against any citizen

The correct answer is B: None. Discrimination on any grounds is not acceptable.
Explanation:

Discrimination is the unfair treatment or prejudice against individuals or groups based on certain characteristics. However, there are certain grounds on which discrimination is not acceptable and should not be practiced. In this case, the question is asking which of the following is NOT a ground for discrimination against any citizen. Let's analyze each option:

A: Religion

Religion should not be a ground for discrimination. Discriminating against someone based on their religious beliefs is a violation of their freedom of religion and goes against principles of equality and human rights.

B: None

This option suggests that there is no ground for discrimination against any citizen. Discrimination should not be practiced on any grounds, so this is the correct answer.

C: Caste

Caste discrimination is prevalent in some societies, particularly in South Asia. However, it is important to note that caste should not be a ground for discrimination. Discriminating against someone based on their caste is a form of social inequality and goes against principles of equality and social justice.

D: Place of birth

Discrimination based on a person's place of birth is also not acceptable. People should not be treated differently or face prejudice based on where they were born. Everyone should have equal opportunities and rights regardless of their place of birth.

In conclusion, the correct answer is B: None. Discrimination on any grounds is not acceptable, and all individuals should be treated with equality and respect.

Answer: d

Explanation: Tenth Schedule contains Anti-Defection provisions for Members of Parliament and Members of the State Legislatures (which were added by 52^nd Constitution Amendment Act in 1985).

Answer: c

NDC is not an ‘organ’ of NITI commission. It is an advisory body that approves the Five year plans. Economic and social planning is under Concurrent list. Constitution provides voluntary provisions for devolution of powers and responsibilities upon Panchayats to prepare plans for economic development and social justice.

Article 151. Audit Reports :-
(1) The reports of the Comptroller and Auditor-General of India relating to the accounts of the Union shall be submitted to the president, who shall cause them to be laid before each House of Parliament.
(2) The reports of the Comptroller and Auditor-General of India relating to the accounts of a State shall be submitted to the Governor of the State, who shall cause them to be laid before the Legislature of the State.

Special Powers of the Rajya Sabha conferred by the Constitution of India:
A: To change the existing territory of a State and to change the name of a State
- The Rajya Sabha has the power to change the existing territory of a state or change the name of a state through the process of constitutional amendment.
B: To amend the election procedure of the President and to determine the pension of the President after his/her retirement
- The Rajya Sabha has the power to amend the election procedure of the President, such as the manner of election, qualifications, and disqualifications. It also has the authority to determine the pension of the President after his/her retirement.
C: To pass a resolution empowering the Parliament to make laws in the State List and to create one or more All India Services
- The Rajya Sabha can pass a resolution empowering the Parliament to make laws in the State List, which is otherwise within the exclusive domain of the State Legislatures. It also has the power to create one or more All India Services, which are common to both the Union and the States.
D: To determine the functions of the Election Commission and to determine the number of Election Commissioners
- The Rajya Sabha has the power to determine the functions of the Election Commission, which is responsible for conducting elections in the country. It also has the authority to determine the number of Election Commissioners.
In conclusion, the special powers conferred on the Rajya Sabha by the Constitution of India include the ability to change the territory and name of a state, amend the election procedure of the President, pass resolutions empowering Parliament to make laws in the State List and create All India Services, and determine the functions and number of Election Commissioners.

The distribution of powers between the Centre and the States in the Indian Constitution is based on the scheme provided in the Government of India Act, 1935.
The Government of India Act, 1935, was a significant constitutional enactment that provided the framework for the governance of India. The distribution of powers between the Centre (Union Government) and the States was one of the key aspects addressed in this act.
The distribution of powers is based on the following scheme:
1. Federal Structure: The act introduced a federal structure in India, dividing powers between the Central Government and the Provincial Governments. This federal structure was later adopted in the Indian Constitution.
2. Three Lists: The act provided for three lists - the Federal List, the Provincial List, and the Concurrent List. These lists outlined the subjects on which the Centre and the States have the power to make laws.
3. Federal List: The Federal List included subjects of national importance such as defense, foreign affairs, currency, and communication. The Central Government has exclusive authority to legislate on these matters.
4. Provincial List: The Provincial List included subjects of local or regional importance such as police, public health, agriculture, and local government. The State Governments have exclusive authority to legislate on these matters.
5. Concurrent List: The Concurrent List included subjects on which both the Centre and the States can make laws. This list includes subjects like criminal law, marriage and divorce, bankruptcy and insolvency, and education. Both the Centre and the States have the power to legislate on these matters, but in case of a conflict, the Central law prevails.
6. Residuary Powers: The act also provided for residuary powers, which were vested in the Centre. These are the powers that are not explicitly mentioned in any of the lists and are therefore within the domain of the Central Government.
7. Unitary Features: Although the act introduced a federal structure, it also included certain unitary features that gave the Centre overriding powers in certain circumstances. For example, the Centre had the power to legislate on any subject in the national interest, even if it falls in the State List.
Overall, the distribution of powers between the Centre and the States in the Indian Constitution is based on the scheme provided in the Government of India Act, 1935. The act laid the foundation for the federal structure and the division of legislative powers in the Indian Constitution.

The constituent Assembly was set up in:

Answer: B. 1946

Explanation:

• Background:




• The Constituent Assembly of India was established to draft the Constitution of India.


• It was formed as a result of the negotiations between the Indian National Congress and the British Cabinet Mission.




• Formation:




• The Constituent Assembly was set up on 9th December 1946.


• Its members were elected indirectly by the members of the provincial legislatures.


• The total strength of the Constituent Assembly was initially 389, but later it was reduced to 299.




• Objective:




• The main objective of the Constituent Assembly was to draft and adopt a constitution for independent India.


• It aimed to establish a sovereign, democratic, and republican system of government.




• Work and Achievements:




• The Constituent Assembly held its first meeting on 9th December 1946 and continued its work till 26th November 1949.


• During this period, it debated and deliberated on various issues and provisions of the future constitution.


• On 26th November 1949, the Constitution of India was finally adopted by the Constituent Assembly.


• The Constitution came into effect on 26th January 1950, marking the birth of the Republic of India.

Thus, the Constituent Assembly was set up in 1946 to draft the Constitution of India.

The power of the Supreme Court of India to decide disputes between the Centre and the States falls under its original jurisdiction. Let's break down the details:
Original Jurisdiction:
- The original jurisdiction of the Supreme Court refers to cases that are presented to the Court for the first time.
- In this jurisdiction, the Supreme Court has the power to hear and decide on disputes directly, without the need for any other court to have previously heard the case.
- The Supreme Court can exercise its original jurisdiction in cases where there is a dispute between the Centre (Union Government) and the States of India.
- This power is derived from Article 131 of the Constitution of India, which grants the Supreme Court the authority to adjudicate disputes of this nature.
It is important to note that the other options mentioned in the question are not applicable in this context:
- Advisory jurisdiction refers to the power of the Supreme Court to provide opinions or advice on legal questions referred to it by the President of India.
- Appellate jurisdiction refers to the power of the Supreme Court to hear appeals from lower courts.
- Writ jurisdiction refers to the power of the Supreme Court to issue writs for the enforcement of fundamental rights.
Hence, the correct answer is C: original jurisdiction.

Function of the Cabinet Secretariat:
The Cabinet Secretariat is responsible for providing administrative and secretarial support to the Cabinet and its committees. The functions of the Cabinet Secretariat include:

1. Preparation of agenda for Cabinet Meetings: The Cabinet Secretariat is responsible for preparing the agenda for Cabinet meetings. This involves identifying the key issues and topics that need to be discussed and deciding the order in which they will be addressed.


2. Secretarial assistance to Cabinet Committees: The Cabinet Secretariat provides secretarial assistance to the various Cabinet committees. This includes organizing meetings, preparing minutes, and ensuring that the decisions taken by the committees are implemented effectively.


3. Allocation of financial resources to the Ministries: The Cabinet Secretariat plays a role in the allocation of financial resources to the various ministries. This involves coordinating with the Ministry of Finance and other relevant departments to ensure that the budgetary allocations are in line with the government's priorities.

Correct Answer: The correct answer is option C: 1 and 2 only.

Authority to initiate the process for determining forest rights:
The authority responsible for initiating the process of determining the nature and extent of individual or community forest rights under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 is the Gram Sabha.
Explanation:
The Gram Sabha, which is the village assembly consisting of all adult members of a village, is given the authority to initiate the process for determining forest rights. The Gram Sabha plays a crucial role in the recognition and vesting of forest rights by conducting meetings, consultations, and discussions with the concerned individuals or communities.
The key points to remember are:
1. The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, aims to recognize and vest the forest rights of tribal and other traditional forest-dwelling communities.
2. The Act recognizes individual as well as community forest rights.
3. The Gram Sabha, being the lowest level of self-government at the village level, is empowered to initiate the process for determining these forest rights.
4. The Gram Sabha conducts meetings and consultations to gather information and evidence regarding the nature and extent of forest rights claimed by individuals or communities.
5. The Gram Sabha then submits its recommendations and findings to the Sub-Divisional Level Committee (SDLC) or District Level Committee (DLC), which ultimately makes the final decision on the recognition and vesting of forest rights.
Therefore, option D - Gram Sabha, is the correct answer.

The objective of "Economic Justice" in the Indian Constitution is provided in the Preamble and the Directive Principles of State Policy.
Explanation:
- The Preamble of the Indian Constitution lays down the guiding principles and objectives of the Constitution. It includes the idea of securing economic justice among other goals.
- The Directive Principles of State Policy are mentioned in Part IV of the Indian Constitution. These principles provide guidelines for the government to establish social and economic democracy in the country. They aim to achieve economic justice by ensuring fair distribution of wealth, resources, and opportunities.
Therefore, the correct answer is B: the Preamble and the Directive Principles of State Policy.

Features of parliamentary government include Nominal and real executives. President is head of the state and PM is head of the government. Art. 74 provides for council of ministers headed by PM who is head of government. Hence Statement 3 is incorrect. Thus Answer A is right.

An amendment of the Constitution can be initiated only by the introduction of a Bill in either House of Parliament. The Bill must then be passed in each House by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting.

If the amendment seeks to make any change in any of the provisions mentioned in the provision to article 368, it must be ratified by the Legislatures of not less than one-half of the States. Each usually has the long title "An Act further to amend the Constitution of India".

The correct option is Option B.

Directive principle of state policy Article 45 states that the state shall endeavour to promote free education until they attain 14 years within ten years from the commencement of constitution .Education is included in 7th schedule as concurrent list.73rd and 74 th amendment gave rights to panchayats and municipalities to administer educational institutions.

According to the Constitution of India, it is the duty of the President of India to cause to be laid before the Parliament the following:
1. The Recommendations of the Union Finance Commission.
2. The Report of the Comptroller and Auditor General.
3. The Report of the National Commission for Scheduled Castes.
Therefore, the correct answer is option C: 1, 3, and 4 only.
Explanation:
- The Union Finance Commission is a constitutional body that recommends the distribution of financial resources between the Union government and the States. The President is responsible for laying its recommendations before Parliament.
- The Comptroller and Auditor General (CAG) is an independent constitutional authority responsible for auditing the accounts of the Union and State governments. The President is required to lay the CAG's report before Parliament.
- The National Commission for Scheduled Castes is a constitutional body that safeguards the rights and interests of Scheduled Castes. The President is obligated to lay its report before Parliament.
These reports are important for transparency, accountability, and effective functioning of the government.

The correct answer is option B: 2 and 3 only. Let's analyze each statement to understand why.
Statement 1: The statement is incorrect. The Parliamentary Committee on Public Accounts consists of Members of both the Lok Sabha and the Rajya Sabha. It is not limited to a maximum of 25 Members of the Lok Sabha.
Statement 2: The statement is correct. The main function of the Parliamentary Committee on Public Accounts is to scrutinize the appropriation and finance accounts of the Government. This committee ensures that the allocated funds are being utilized properly and in accordance with the approved budget.
Statement 3: The statement is also correct. The Parliamentary Committee on Public Accounts examines the report of the Comptroller and Auditor General of India (CAG). The CAG is responsible for auditing the accounts of the Government and preparing the audit report. The committee reviews this report and takes necessary action based on its findings.
In summary, only statements 2 and 3 are correct. Therefore, the correct answer is option B: 2 and 3 only.

Planning in India:
The following entities are associated with planning in India:

1. The Finance Commission: The Finance Commission is responsible for recommending the distribution of financial resources between the central government and the state governments. It plays a crucial role in the planning process by allocating funds for various developmental activities.


2. The National Development Council: The National Development Council (NDC) is the apex body for decision-making in matters related to planning and development in India. It consists of the Prime Minister, Union Cabinet Ministers, Chief Ministers of all states, and other members. The NDC provides a platform for discussion and coordination between the central and state governments regarding development plans and policies.


3. The Union Ministry of Rural Development: The Ministry of Rural Development is responsible for the planning and implementation of programs and schemes aimed at the development of rural areas in India. It formulates policies related to rural development, poverty alleviation, and employment generation in rural areas.


4. The Union Ministry of Urban Development: The Ministry of Urban Development is responsible for the planning and development of urban areas in India. It formulates policies and programs related to urban infrastructure, housing, transport, and urban governance.


5. The Parliament: The Parliament of India plays a crucial role in the planning process. It debates and approves the annual budget, which includes allocations for various developmental activities. The Parliament also discusses and deliberates on policies and legislation related to planning and development.

Therefore, the correct answer is option C: 2 and 5 only.

Explanation: Vice-President is the ex-officio Chairman of Rajya Sabha.