Test: Indian Constitution - UGC NET MCQ

The Indian Constitution Limits

• The power of government:
  • The Indian Constitution limits the power of government to prevent it from becoming autocratic or dictatorial.
  • This limitation is achieved through the principle of "Separation of Powers" and "Checks and Balances."
  • Separation of Powers involves dividing governmental authority into three branches: legislative, executive, and judiciary.
  • Each branch possesses distinct and independent powers, ensuring that no branch can dominate the others.
  • For instance, the judiciary branch can scrutinize the legality of the executive's decisions and interpret laws created by the legislature.
  • Checks and Balances establish a system where each governmental branch can restrain the power of the others, preventing any single branch from gaining excessive power.

Additional Information

• The aspirations of society and The fundamental identity of a people:
  • The Indian Constitution does not limit these aspects.
  • On the contrary, it promotes and safeguards them.
  • The constitution includes Fundamental Rights, Directive Principles of State Policy, and Fundamental Duties to reflect societal aspirations and protect the core identity of the people.
  • It upholds and fosters diversity, pluralism, and individual freedoms, showcasing the nation's diverse cultural, social, and religious heritage.

The Provision of Vidhan Parishad in the Indian Constitution

• Article 171:
  • Article 171 deals with the provision of Vidhan Parishad in the state.
  • It covers the nominations of members to state legislative councils where the state Governor nominates individuals with special knowledge or practical experience.
  • The nominated members are chosen in areas such as Literature, science, art, co-operative movement, and social service.
  • According to Article 171, the total number of members in the Legislative council of a State should not exceed one-third of the total members in the Legislative Assembly.
  • Among the total members of the Legislative Council, 1/3 are elected by electorates from Members of Local Authorities, 1/12 by graduates residing in the State, 1/12 by persons engaged in teaching, 1/3 by Members of Legislative Assembly, and the rest are nominated by the Governor.

Additional Information

• Article 170:
  • Article 170 specifies that the Legislative Assembly of a State should consist of not more than 500 and not less than 60 members.
  • Elected members are chosen through direct election from territorial constituencies.
  • The delimitation of constituencies and seat allocation is based on the population size according to the latest census figures.
  • The fundamental principle in this article is the proportional representation and the concept of one person, one vote.
• Article 172:
  • Article 172 outlines the term for the Legislative Assemblies and Legislative Councils of the States.
  • The term of the Legislative Assembly is five years.
  • The Legislative Council is a continuous House not subject to dissolution, with one-third of its members retiring every two years.
  • While the Legislative Assembly dissolves after five years, it can be dissolved earlier.
  • The term is usually five years unless dissolved earlier.
  • The five-year period starts from the first sitting of the House, not the constitution date, which is usually earlier upon election result notification.
• Article 173:
  • Article 173 ensures that any person aspiring to be a member of the State Legislature must pledge allegiance to the Constitution of India and uphold the sovereignty and integrity of India by making an oath or affirmation.
  • Once the oath or affirmation is taken for one constituency, it remains valid even if elected from a different constituency.
  • Article 173 stipulates that one oath or affirmation following the form in the Third Schedule of the Constitution removes disqualifications for candidacy in the State Legislature.

The Indian Constitution Amendment Adding Part IX

• Correct Answer: 73

Key Points

• Part IX to the Indian Constitution
  • The concept of the Panchayati Raj system in India represents the system of rural local self-government.
  • The 73rd Amendment Act introduced a new Part IX and Articles 243 to 243O in the Indian Constitution.
  • The 73rd Amendment Act conferred constitutional status to the Panchayati Raj system.
  • The term "Panchayati Raj" was coined by Jawaharlal Nehru.
  • The Panchayati Raj Act came into effect on April 24, 1993.
  • April 24th is celebrated as the National Panchayati Raj Day since 2011.
• Important Committees Formed for Panchayati Raj Recommendations in India:
  • Balwant Rai Mehta Committee
  • V.T. Krishnammachari Committee
  • Ashok Mehta Committee
  • G.V.K. Rao Committee
  • L.M. Singhvi Committee
  • P.K. Thungon Committee

Additional Information

75The 75th Constitutional Amendment Act (1994) established State-level Rent Tribunals to exclude the jurisdiction of all courts, except that of the Supreme Court, under Article 136 of the Constitution.67The 67th Constitutional Amendment Act of 1990 amended Article 356. In Article 356, in clause (4), in the third proviso, the duration was changed from "three years and six months" to "four years". The 69th Constitutional Amendment Act of 1991 designated the Union Territory of Delhi as the National Capital Territory of Delhi.

The Basis of Indian Constitution

The main foundation of the Indian Constitution lies in the Government of India Act, 1935.

Important Points 

• The Government of India Act, 1935 was a British law that introduced a federal system of governance in India.
  • It served as a crucial source of guidance for the drafters of the Indian Constitution.
  • This Act established a bicameral legislature, a federal court, and mechanisms for provincial autonomy.
  • Moreover, it ensured fundamental rights for the Indian populace.
• Comparatively, the other options are incorrect:
  • The Constitution of Britain follows a unitary form of government, while the Constitution of Ireland operates as a republic.
  • The Indian Council Act, 1919 was less comprehensive than the Government of India Act, 1935.
  • Although not flawless, the Government of India Act, 1935 marked a significant progression towards self-governance in India.
    • Additionally, it laid the groundwork for the Indian Constitution, recognized as one of the most progressive globally.

Additional Information

Several specific provisions from the Government of India Act, 1935 were integrated into the Indian Constitution:

• Federal system of governance
• Bicameral legislature
• Federal court
• Provincial autonomy structure
• Ensuring fundamental rights

Furthermore, while the Indian Constitution drew inspiration from various sources like the American Constitution, Irish Constitution, and British Magna Carta, the Government of India Act, 1935 remained the primary source influencing the framers of the Indian Constitution.

Article 213 of the Indian Constitution grants the Governor the authority to issue ordinances when the state assembly is not in session.

Article 155 pertains to the appointment of governors of states.

The Governor of a state is appointed by the President of India.

• Article 131: This article of the Indian Constitution defines the original jurisdiction of the Supreme Court.
• Key Points:
  • Article 131 provides the original jurisdiction of the Supreme Court in center-state and interstate disputes.
  • The jurisdiction is exclusive, meaning no other court can decide such disputes, and the power to hear such disputes at first instance lies with the Supreme Court.
  • The dispute must involve a question of the existence of legal rights.
  • Political issues are excluded from it.
  • Any issue brought by a private citizen against the center and state cannot be entertained under this.
• Additional Information:

Details of Third Schedule in Indian Constitution

• Third Schedule of the Indian constitution includes provisions related to Oaths or Affirmations.
• The fifth Schedule contains provisions regarding the Administration and Control of Scheduled Areas and Scheduled Tribes.
• Provisions for Languages are outlined in the Eighth Schedule of the Indian constitution.

The Provision in Article 325 of the Indian Constitution

• Article 325 of the Indian constitution includes provisions for Electoral Roll.
• Article 325 specifies that there should be one general electoral roll for every territorial constituency for elections to either House of Parliament or to the House of either House of the Legislature of a State.
• According to Article 325, no person can be considered ineligible for inclusion in, or claim to be included in a special electoral roll based on religion, race, caste, or sex.
• Part XV of the Indian Constitution contains the provisions related to Article 325.

​The correct answer is Cultural and educational rights.

Key-Points

• Fundamental Rights guarantee basic rights to the citizens of India.
• In the original constitution, there were seven categories of fundamental rights in India.
• After the deletion of the Right to property by the 44th Amendment Act.
• The Constitution of India provides for six Fundamental Rights:
  • Right to Equality.
  • Right to Freedom.
  • Right against Exploitation.
  • Right to Freedom of Religion.
  • Cultural and Educational Rights.
  • Right to Constitutional Remedies.
• Article 29 of the Indian constitution protects the interests of the minorities by making a provision that any citizen/section of citizens having a distinct language, script, or culture have the right to conserve the same.
• Article 30 of the Indian constitution provides the right of minorities to establish and administer educational institutions.

​Additional Information

• Article 25 to Article 28 of the Indian Constitution deals with the right to freedom of religion.
• Article 23 and Article 24 of the Indian Constitution deals with the right against exploitation.
• Article 19 and Article 22 of the Indian Constitution deals with the right to freedom.

• Part XIVA of the Indian Constitution includes Tribunals.
• Tribunals are governed by Article 323A-323B.
• Articles 315 to 323 in Part XIV of the Indian Constitution deal with the establishment of Public Service Commission.
• Part XV of the Indian Constitution covers Elections.