Test: Our Constitution - Software Development MCQ

The correct answer is BR Ambedkar.

Key Points

• Dr. Bhim Rao Ambedkar was the Chairman of the Drafting Committee set up by the Constituent Assembly to prepare a draft of the Constitution of India in 1947.
• Other members of the Drafting Committee: Alladi Krishnaswamy Ayyar, N Gopalaswami, KM Munshi, Md. Saadulla, BL Mitter, DP Khaitan
• Dr. BR Ambedkar is known as the ‘Father of Constitution of India’.
• Facts about Constituent Assembly –
  • President: Dr Rajendra Prasad
  • Vice President: Harendra Coomar Mookerjee (later appointed as Governor of West Bengal)
  • Constitutional Advisor: BN Rau (later appointed as Judge in ICJ, The Hague)
• The Constituent Assembly formed 22 committees of which 10 were on procedural affairs and 12 were on substantive affairs.

The correct answer is  M.N Roy.

Key Points

• The idea of Constituent Assembly was given by Manabendra Nath Roy​ or M.N.Roy
• In 1934, M.N.Roy put forth the idea of the Constituent Assembly.
• The constituent assembly was formed in 1946 on the basis of the cabinet mission plan.
• Temporary Chairman - Dr. Sachchidananda Sinha.
• Permanent Chairman - Dr. Rajendra Prasad 
• Vice Chairman - Harendra Kumar Mukherjee
• Constitutional adviser - B. N. Rau
• Dr. B.R Ambedkar was the head of the Drafting Committee.
• Constitution was adopted by Constituent Assembly on 26 November 1949.
• It became effective on 26 January 1950.

Additional Information

• The Indian Constituent Assembly represented fully representative of the States and Provinces in India.
• Initially, the number of members was 389, after the partition 299 members left.
• Out of this 299, 229 were from the British provinces and 70 were nominated from the princely states.
• It aimed at providing opportunities to each and every community.
• Representatives from princely states and British Indians were also a part of it.

A preamble is an introductory statement in a document that explains the document’s philosophy and objectives.

• In a Constitution, it presents the intention of its framers, the history behind its creation, and the core values and principles of the nation.
• The preamble basically gives an idea of the following things/objects:
  • Source of the Constitution
  • Nature of Indian State
  • Statement of its objectives
  • Date of its adoption

Important Points

Keywords in the Preamble:

• We, the people of India: It indicates the ultimate sovereignty of the people of India. Sovereignty means the independent authority of the State, not being subject to the control of any other State or external power.
• Sovereign: The term means that India has its own independent authority and it is not a dominion of any other external power. In the country, the legislature has the power to make laws that are subject to certain limitations.
• Socialist: The term means the achievement of socialist ends through democratic means. It holds faith in a mixed economy where both private and public sectors co-exist side by side.
  • It was added in the Preamble by 42nd Amendment, 1976.
• Secular: The term means that all the religions in India get equal respect, protection and support from the state.
  • It was incorporated in the Preamble by the 42nd Constitutional Amendment, 1976.
• Democratic: The term implies that the Constitution of India has an established form of Constitution that gets its authority from the will of the people expressed in an election.
• Republic: The term indicates that the head of the state is elected by the people. In India, the President of India is the elected head of the state.

From the above, it is clear that the term ‘We’ in Preamble means the People of India.

• The Constituent Assembly met for the first time in New Delhi on 9 December, 1946 in the Constitution Hall which is now known as the Central Hall of Parliament House.
• The Constituent Assembly took almost three years (two years, eleven months and seventeen days to be precise) to complete its historic task of drafting the Constitution for Independent India.
• The Assembly met once again on 24 January, 1950, when the members appended their signatures to the Constitution of India.

Key-Points​

• The Constituent Assembly held its first meeting on December 9, 1946.
• The Muslim League boycotted the meeting and insisted on a separate state of Pakistan.
• The meeting was thus attended by only 211 members.
• Dr Sachchidanand Sinha, the oldest member, was elected as the temporary President of the Assembly, following the French practice.
• Later, Dr Rajendra Prasad was elected as the President of the Assembly

The correct answer is Parliament.

Key Points

• The Parliament is competent to amend the Fundamental Rights of the citizens in India.
• But this amendment should be done in such a way that it doesn't affect the Basic Structure of the Constitution.
• The amendment bill must be passed through the special majority i.e. 2/3rd of members present and voting.
• Amendments in Fundamental Rights:
  • The Supreme Court gave Parliament full power to amend the Constitution including Fundamental Rights, giving decisions in cases like 'Shankari Prasad v. Government of India case' (1951) and 'Sajjan Singh v. Government of Rajasthan case' (1965).
  • The Supreme Court, in the decision of Golaknath v. Punjab State (1967), prohibited the amendment of Fundamental Rights through the procedure laid down in Article 368. That is, Parliament cannot amend fundamental rights.
  • Articles 13 and 368 were amended by the 24^th Constitutional Amendment (1971) and it was determined that the fundamental rights can be amended by the procedure given in Article 368.
  • In Kesavananda Bharti v. Kerala State decision, such amendment was accorded legal recognition i.e. Golaknath v. the State of Punjab was repealed.
  • Clauses 4 and 5 were added to Article 368 by the 42nd Constitution Amendment and it was arranged that such amendments cannot be questioned in any court.
  • By the decision of Minerva Mills v Union of India (1980), it was determined that the court has the right to protect the basic structure of the Constitution.
  • The court can review any amendment on this basis. The system made by the 42nd Constitutional Amendment was also abolished by this.

Additional Information

• Fundamental Rights in India are taken from the constitution of the USA.
• It is described in Part-3 of the Constitution (Article 12 to Article 35).
• It can be amended and other fundamental rights can be suspended during a national emergency (Article 352) except the right to life and personal liberty(Article 21).
• The original constitution had seven fundamental rights, but by the 44^th Constitutional Amendment (1979), the right to property (Article 31 to Article 19f) was removed from the list of Fundamental Rights.
• The right to property as a legal right is kept under Article 300 (a) of the Constitution.
•  Indian citizens have the following fundamental rights:
  • ​Right to Equality (Article 14 to Article 18)
  • Right to freedom (Articles 19 to 22)
  • Right against exploitation (Articles 23 to 24)
  • Right to religious freedom (Articles 25 to 28)
  • Right to Culture and Education (Articles 29 to 30)
  • Constitutional Rights (Article 32-35)

The correct answer is the Right to freedom of speech and expression.

• Article 19 of the Indian Constitution includes the Right to freedom of speech and expression.

Key Points

• Article 19 deals with the six Fundamental Rights. They are:
  • Right to freedom of speech and expression.
  • Right to assemble peacefully and without arms.
  • Right to form association or unions or co-operatives.
  • Right to move freely throughout the territory of India.
  • Right to reside and settle in any part of the territory of India.
  • Right to practice any profession or to carry on any occupation, trade or business.
• Fundamental Rights:
  • The Fundamental Rights have been described in Articles 12-35, Part III of the Indian Constitution.
  • The Right to Property (Article 31) was deleted from the list of Fundamental Rights.
    • By the 44th Amendment Act, 1978, it is made a normal constitutional right under Act 300A in Part XII of the Constitution

Additional Information

• Right to Constitutional Remedies is enumerated in Articles 32-35.
• Right against exploitation is enumerated in Articles 23 and 24.
• The right to freedom of Religion is enumerated in Articles 25-28.
• Fundamental Rights that are available to citizens only and not to foreigners: Article 15,16, 19, 29 and 30.

The correct answer is To vote in General Election

Key Points

The Fundamental Duties of citizens were added to the Constitution by the 42nd Amendment in 1976, upon the recommendations of the Swaran Singh Committee that was constituted by the Government.

51A. Fundamental duties.—It shall be the duty of every citizen of India—

1. to abide by the constitution and respect its ideals and institutions, the national flag and the national anthem;
2. to cherish and follow the noble ideals which inspired our national struggle for freedom;
3. to uphold and protect the sovereignty, unity and integrity of india;
4. To defend the country and render national service when called upon to do so;
5. to promote harmony and the spirit of common brotherhood amongst 
all the people of india transcending religious, linguistic and regional or 
sectional diversities; to renounce practices derogatory to the dignity of women;
6. to value and preserve the rich heritage of our composite culture;
7. to protect and improve the natural environment including forests, 
lakes, rivers and wild life, and to have compassion for living creatures;
8. to develop the scientific temper, humanism and the spirit of inquiry and reform;
9. to safeguard public property and to abjure violence;
10. to strive towards excellence in all spheres of individual and collective 
activity so that the nation constantly rises to higher levels of endeavour and achievement;
11. who is a parent or guardian to provide opportunities for education to 
his child or, as the case may be, ward between the age of six and fourteen
years.

The Directive Principles are listed in  Part IV of the Indian Constitution and it clearly states that it is the duty of the State to apply these principles in the process of law-making.

• There are mainly three categories of these principles – Socialist Directives, Gandhian Directives, and Liberal Intellectual Directives.

Important Points

• DPSP – Gandhian Principles
  • These principles are based on the Gandhian ideology used to represent the program of reconstruction enunciated by Gandhi during the national movement. Under various articles, they direct the state to:
  • Article 40 Organise village panchayats and endow them with necessary powers and authority to enable them to function as units of self-government
  • Article 43 Promote cottage industries on an individual or co-operation basis in rural areas
  • Article 43B Promote voluntary formation, autonomous functioning, democratic control, and professional management of cooperative societies
  • Article 46 Promote the educational and economic interests of SCs, STs, and other weaker sections of the society and protect them from social injustice and exploitation
  • Article 47 Prohibit the consumption of intoxicating drinks and drugs which are injurious to health.
  • Article 48 Prohibit the slaughter of cows, calves, and other milch and draught cattle and improve their breeds.

• DPSP – Socialistic Principles
  • They are the principles that aim at providing social and economic justice and set the path towards the welfare state.
  • Article 38 Promote the welfare of the people by securing a social order through justice—social, economic and political and to minimise inequalities in income, status, facilities and opportunities.
  • Article 39 Secure citizens: Right to adequate means of livelihood for all citizens
  • Article 39A Promote equal justice and free legal aid to the poor
  • Article 41 In cases of unemployment, old age, sickness and disablement, secure citizens: Right to work, Right to education, Right to public assistance.
  • Article 42 Make provision for just and humane conditions of work and maternity relief.
  • Article 43 Secure a living wage, a decent standard of living and social and cultural opportunities for all workers.
  • Article 43A Take steps to secure the participation of workers in the management of industries.
  • Article 47 Raise the level of nutrition and the standard of living of people and to improve public health.
• DPSP – Liberal-Intellectual Principles
  • Article 44 Secure for all citizens a uniform civil code throughout the country
  • Article 45 Provide early childhood care and education for all children until they complete the age of six years
  • Article 48 Organise agriculture and animal husbandry on modern and scientific lines
  • Article 48A To protect and improve the environment and to safeguard forests and wildlife
  • Article 49 Protect monuments, places and objects of artistic or historic interest which are declared to be of national importance
  • Article 50 Separate the judiciary from the executive in the public services of the State
  • Article 51 Promote international peace and security and maintain just and honourable relations between nations

Thus, we can say that Freedom of Business and Religion is not a Directive Principle.

The correct answer is ​Prohibition of employment of children in factories and mines.

Key Points

• RIGHT AGAINST EXPLOITATION : (Asked in UPSC Prelims 2017)
  • Prohibition of Traffic in Human Beings and Forced Labour
    • Article 23 prohibits traffic in human beings, begar (forced labour), and other similar forms of forced labour.
    • Any contravention of this provision shall be an offence punishable in accordance with the law.
    • This right is available to both citizens and non-citizens.
    • It protects the individual not only against the State but also against private persons.
    • The expression ‘traffic in human beings’ include
      • Selling and buying of men, women, and children like goods
      • Immoral traffic in women and children, including prostitution 
      • Devadasis
      • Slavery.
    • To punish these acts, the Parliament has made the Immoral Traffic (Prevention) Act, 1956.
    • The term ‘begar’ means compulsory work without remuneration.
    • It was a peculiar Indian system under which the local zamindars sometimes used to force their tenants to render services without any payment.
    • In addition to begar, Article 23 prohibits other ‘similar forms of forced labor’ like ‘bonded labor’.
      • The term ‘forced labor’ means compelling a person to work against his will.
  • Prohibition of Employment of Children in Factories 
    • Article 24 prohibits the employment of children below the age of 14 years in any factory, mine, or other hazardous activities like construction work or railway.
      • But it does not prohibit their employment in any harmless or innocent work.

The correct answer is Federal.

Key Points

• 'Federal' is NOT mentioned in the Preamble of the Constitution of India.
• The Preamble of the Constitution of India provides for the liberty of thought, expression, belief, faith and worship.
• The ideals behind the Preamble were laid down by Jawaharlal Nehru’s Objectives Resolution, adopted by the Constituent Assembly on January 22, 1947.
• The Preamble's Four Components are:
  • It states that the Constitution's source of authority lies with the people of India.
  • It declares that India is a country that is Sovereign, socialist, secular, democratic and republic.
  • It sets out its priorities of maintaining justice, freedom and equality for all people and fostering fraternity in order to preserve the nation's unity and dignity.
  • It cites the date on which the constitution was adopted (November 26, 1949).