Test: Class 11 Polity NCERT Based-2 - UPSC MCQ

1. It can impeach the President for the violation of the Constitution.

2. It can remove the Vice-President from his office.

3. It can recommend the removal of judges (including chief justice) of the Supreme Court and the high courts, chief election commissioner, comptroller and auditor general to the president.

4. It can punish its members or outsiders for the breach of its privileges or its contempt.

Electoral Powers and Functions -

1. The Parliament participates in the election of the President (along with the state legislative assemblies) and elects the Vice-President.

2. The Lok Sabha elects its Speaker and Deputy Speaker, while the Rajya Sabha elects its Deputy Chairman.

3. The Parliament is also authorized to make laws to regulate the elections to the offices of President and Vice-President, to both the Houses of Parliament and to both the Houses of state legislature.

4. Accordingly, Parliament enacted the Presidential and Vice-Presidential Election Act (1952), the Representation of People Act (1950), the Representation of People Act (1951), etc.

Other Powers and Functions -

1. It serves as the highest deliberative body in the country.

2. It discusses various issues of national and international significance.

3. It approves all the three types of emergencies (national, state and financial) proclaimed by the President.

4. It can create or abolish the state legislative councils on the recommendation of the concerned state legislative assemblies.

5. It can increase or decrease the area, alter the boundaries and change the names of states of the Indian Union.

6. It can regulate the organization and jurisdiction of the Supreme Court and high courts and can establish a common high court for two or more states.

In the Presidential election, elected members of both houses of parliament, elected members of the state legislature and only elected members of Delhi and Puducherry Legislatures participate.

1. Both elected and nominated members of the State legislative council

2. Along with elected and nominated members of the State Legislative Council, other members who do NOT participate directly in the election of the President are: nominated members of both Lok Sabha and Rajya Sabha, nominated members of legislative assemblies of the Union Territories of Delhi and Puducherry

3. Following members directly participate in the election:

a. the elected members of Lok Sabha and Rajya Sabha

b. the elected members of the legislative assemblies of the state

c. the elected members of the legislative assemblies of the Union Territories of Delhi and Puducherry.

1. Both elected and nominated members of the State legislative council

2. Along with elected and nominated members of the State Legislative Council, other members who do NOT participate directly in the election of the President are: nominated members of both Lok Sabha and Rajya Sabha, nominated members of legislative assemblies of the Union Territories of Delhi and Puducherry

3. Following members directly participate in the election: a. the elected members of Lok Sabha and Rajya Sabha b. the elected members of the legislative assemblies of the state c. the elected members of the legislative assemblies of the Union Territories of Delhi and Puducherry.

• Right to Vote is not a Fundamental Right. So, the Supreme Court cannot directly be approached for issuing a writ petition.

• High court enforces legal rights, and should be approached in case of its infringement. Whereas Election Commission of India only conducts elections and maintains the database of voters, it does not have the authority to enforce the Right to Vote. Same is true for the Chief Electoral Officer.

Laws enforcing Fundamental Rights can be made only by the Parliament and not by state legislatures so that uniformity throughout the country is maintained.

Fundamental Rights are not sacrosanct or permanent, but only the Parliament can curtail or repeal them by a constitutional amendment act and without affecting the 'basic structure' of the Constitution.

• They operate as limitations on the tyranny of the executive implies that they limit the authority of the government, and arbitrary laws of the legislature. Hence statement 1 is correct.
• They are justiciable in nature, that is, they are enforceable by the courts for their violation.
• Rights such as equality to contest for political office, right against discrimination etc. show the political and social equality of citizens. Hence statement 3 is correct.
• Fundamental Rights are not absolute and subject to reasonable restrictions.
• Further, they are not sacrosanct and can be curtailed or repealed by the Parliament through a constitutional amendment act. They can also be suspended during the operation of a National Emergency except the rights guaranteed by Articles 20 and 21. Hence statement 2 is correct.

• Fundamental rights are conferred special sanctity as compared with other provisions of constitution. If the rights follow from other provisions of constitution, other aggrieved person may have his relief by ordinary suit and by application to the high courts, but application under art 32 shall not lie, unless the invasion of non-fundamental right involves violation of some fundamental right as well.

• Though the rights of both these classes are equally justiciable, the constitutional remedy by way of an application directly to the Supreme Court under Article 32, which is itself included in Part III, as a fundamental right, is available only in the case of fundamental rights.

• If the right follows from some other provisions of the Constitution, such as Article 265 or Article 301, the aggrieved person may have his relief by an ordinary suit or, by an application under Article 226 to the High Court, but an application under Article 32 shall not lie, unless the invasion of the non-fundamental right involves the violation of some fundamental right as well.

1. to establish and maintain institutions for religious and charitable purposes;

2. to manage its own affairs in matters of religion;

3. to own and acquire movable and immovable property; and

4. to administer such property in accordance with Thus, Article 26 confers upon the religious groups the freedom to manage religious affairs, as said in the above clauses. The right guaranteed by Article 25 is an individual right while the right guaranteed by Article 26 is the right of an “organised body” like the religious denomination or any section thereof. The right to administer property owned by a religious denomination is a limited right, and it is subject to the regulatory power of the State.

​The Ninth Schedule contains a list of central and state laws which cannot be challenged in courts. Currently, 284 such laws are shielded from judicial review.

The Schedule became a part of the Constitution in 1951, when the document was amended for the first time. 

• The Article 22 (3) of the Indian constitution provides that, if a person is arrested or detained under a law providing for preventive detention, then the protection against arrest and detention under Article 22 (1) and 22 (2) shall not be available.

• Preventive detention should be carefully distinguished from punitive detention. Punitive detention is punishment for illegal acts done.

• Preventive detention on the other hand is action taken beforehand to prevent possible commitment of crime.