Test: Polity- 1 - UPSC MCQ

• The subjects that do not fall in any three lists are categorized as residuary subjects. According to Article 248 of the Constitution, the Union government can legislate on residuary subjects.

• This feature was borrowed from the Canadian Constitution. So, statement 1 is not correct.

• The Parliament cannot on its own change the arrangement of sharing of powers between the Union Government and the State governments. Any change has to be first passed by both the Houses of Parliament with at least a two-thirds majority. Then it has to be ratified by the legislatures of at least half of the total States. So, statement 2 is not correct. Therefore option (d) is the correct answer

• In addition to original and appellate jurisdiction, the Supreme Court of India possesses advisory jurisdiction also. This means that the President of India can refer any matter that is of public importance or that involves interpretation of the Constitution to Supreme Court for advice. So, statement 1 is correct.

• However, the Supreme Court is not bound to advise on such matters, and the President is not bound to accept such advice. So, statement 2 is not correct.

• The utility of advisory jurisdiction is two-fold. In the first place, it allows the government to seek legal opinion on a matter of importance before taking action on it. This may prevent unnecessary litigations later. Secondly, in the light of the advice of the Supreme Court, the government can make suitable changes in its action or legislation.

  Therefore option (b) is the answer.

The description refers to the writ of mandamus.

Mandamus is a type of writ issued by a court of law to a public official, corporation, or lower court requiring them to perform an act that is required by law. The writ is issued to compel the performance of a legal duty that has not been performed. In other words, it is a command from a superior court to a lower court or public official to perform an act that is within their power and duty to perform but has been neglected or refused to be performed.

Thus, the description provided in the question is consistent with the characteristics of the writ of mandamus.

Statement 2 is correct: The constitution provides set of basic rules that allows for minimal degree of coordination among the member of the society. Any law is made keeping in mind the bare minimum of order that is needed.

Rest, it depends on the members of the society on how they relate to others and live in a harmonical manner.

Statement 3 is correct: Any law framed by the legislature must adhere to the fundamental law of land i.e., constitution. In case it is violative of any part of the constitution, judiciary can declare the law as null and void.

Thus, the constitution helps judiciary to decide the legality of the laws.

Statement 4 is incorrect: The constitution provides only the sets and procedures on how the citizens are to be governed. Who governs them is the responsibility of the society. Constitution doesn’t deal with the personal values of the elected individuals. It is dealt by constitutional morality. As B R Ambedkar has said, A constitution is as good as those who are executing it.

Knowledge Base:

Functions of the Constitution:

1. to provide a set of basic rules that allow for minimal coordination amongst members of a society.

2. to specify who has the power to make decisions in a society. It decides how the government will be constituted.

3. to set some limits on what a government can impose on its citizens. These limits are fundamental in the sense that government may never trespass them.

4. to enable the government to fulfil the aspirations of a society and create conditions for a just society.

• The word democracy comes from the Greek word "demos", meaning people, and "kratos" meaning power; so, democracy can be thought of as "power of the people": a way of governing which depends on the will of the people.

• The most obvious ways to participate in government are to vote, or to stand for office and become a representative of the people. Democracy, however, is about far more than just voting, and there are numerous other ways of engaging with politics and government. The effective functioning of democracy, in fact, depends on ordinary people using these other means as much as possible. The take-off point for a democracy is the idea of consent, i.e., the desire, approval and participation of people. It is the decision of people that creates a democratic government and decides about its functioning. So, since democracy requires voter’s decision making- hence intelligence and character of common people are called in.

• Two set of polities- at the national level and at the regional level

• Written constitution

• Rigid constitution

• Supremacy of Constitution

• Independent judiciary

• Bicameral legislature

• Division of powers between the national and regional governments.

• Hence option (a) is the correct answer.

Statement 1 is not correct: The governor is neither directly elected by the people nor indirectly elected by a specially constituted electoral college as is the case with the president. He is appointed by the president by warrant under his hand and seal. In a way, he is a nominee of the Central government. But, as held by the Supreme Court in 1979, the office of governor of a state is not an employment under the Central government. It is an independent constitutional office and is not under the control of or subordinate to the Central government.

Statement 2 is correct: The Governor shall not hold any other office of profit.

• The Governor shall be entitled without payment of rent to the use of his official residences and shall be also entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule.

• Where the same person is appointed as Governor of two or more States, the emoluments and allowances payable to the Governor shall be allocated among the States in such proportion as the President may by order determine.

• The emoluments and allowances of the Governor shall not be diminished during his term of office.

• Statement a is incorrect: All Fundamental rights guarantee the rights of an individual against the state but not all are available against the action of private individuals. For example, the first provision of Article -15 that the state shall not discriminate against any citizen on the grounds of religion, race, caste, sex or place of birth prohibits discrimination only by state and not by private individuals. While the second provision of not allowing citizens access to shops, public place on the basis of religion, race, caste, sex or place of birth prohibits discrimination both by state and by private individuals. Article 19 are protected only against state and not against private individuals.

• Statement b is incorrect: These rights are binding upon all the authority that has got power to make laws whether it be central government or state government or local government.

• Statement c is incorrect. The role of guiding the Indian state to promote social and economic welfare is the function of DPSPs (Directive principles of state policy) and not of Fundamental rights.

• Statement d is correct. Both the Supreme court under Article 32 and High courts under Article 226 can issue writs for the enforcement of Fundamental rights. However, a person can go directly to Supreme court for his violation of fundamental rights. It is not necessary that he can go to Supreme court only by the way of appeal mechanism.

Provisions borrowed from Constitutions of different countries

British Constitution

• First Past the Post

• Parliamentary Form of Government

• The idea of the rule of law

• Institution of the Speaker and his role and Law Making procedure

United States Constitution

• Charter of Fundamental Rights

• Power of Judicial Review and independence of the judiciary

Irish Constitution

• Directive Principles of State Policy

French Constitution

• Principles of Liberty, Equality and Fraternity

Canadian Constitution

• A quasi-federal form of government (a federal system with a strong central government)

• The idea of Residual Powers

  Therefore option (c) is the correct answer

Knowledge Base: other provisions of the Cabinet mission plan:

1. The representatives of each community were to be elected by members of that community in the provincial legislative assembly and voting was to be by the method of proportional representation by means of single transferable vote.

2. The representatives of the princely states were to be nominated by the heads of the princely states.

• The Constitution does not contain any classification of Directive Principles. However, on the basis of their content and direction, they can be classified into three broad categories as socialistic, Gandhian, and liberal-intellectual.

• Gandhian Principles are based on Gandhian ideology. They represent the program of reconstruction enunciated by Gandhi during the national movement. In order to fulfill the dreams of Gandhi, some of his ideas were included as Directive Principles.

  • To organize village panchayats and endow them with necessary powers and authority to enable them to function as units of self-government (Article 40).

  • To promote cottage industries on an individual or cooperation basis in rural areas (Article 43).

  • To promote voluntary formation, autonomous functioning, democratic control, and professional management of cooperative societies (Article 43B).

  • To promote the educational and economic interests of SCs, STs, and other weaker sections of the society and to protect them from social injustice and exploitation (Article 46).

  • To prohibit the consumption of intoxicating drinks and drugs which are injurious to health (Article 47).

  • To prohibit the slaughter of cows, calves, and other milch and draught cattle and to improve their breeds (Article 48).

• To secure the right to work, to education, and to public assistance in cases of unemployment, old age, sickness, and disablement (Article 41). This is a socialistic directive principle

• Hence option (c) is the correct answer.

Doctrine of purposive construction:

• It is the modern version of mischief rule. It is actually more flexible compared to literal rule and golden rule which tends to concentrate more on the meaning of individual words or phrases. This looks for the purpose of the law.

• This rule allows judges to add or ignore any of the words in the statute while interpreting in order to protect the purpose of creating that law and give fair and equal justice to everyone.

Special Provisions relating to certain classes are class-specific and not gender-specific. The

Option is more generic and does not relate to the protection given to the girl child in the

question. So, Option (b) is not correct.

In Fundamental duties apart from providing opportunities for education to a child, no specific

provision is given to protect the interest of a girl child. So, Option (c) is not correct.

• According to article 257(1) of the Constitution, the executive power of every State shall be so exercised as not to impede or prejudice the exercise of the executive power of the Union, and the executive power of the Union shall extend to the giving of such directions to a State as may appear to the Government of India to be necessary for that purpose. So, Option (a) is correct.

• The executive power of the Union shall also extend to the giving of directions to a State as to the measures to be taken for the protection of the railways within the State is enshrined in article 257(3) of the Indian Constitution. So, Option (b) is correct.

• According to article 257(2), the executive power of the Union shall also extend to the giving of directions to a State as to the construction and maintenance of means of communication declared in the direction to be of national or military importance: Provided that nothing in this clause shall be taken as restricting the power of Parliament to declare highways or waterways to be national highways or national waterways or the power of the Union concerning the highways or waterways so declared or the power of the Union to construct and maintain means of communication as part of its functions concerning naval, military and air force works.

  Hence, it does not require prior approval from the State Government and the Union itself can do it. So, Option (c) is not correct.

• Under article 260 of the Indian Constitution, The Government of India may by agreement with the Government of any territory not being part of the territory of India undertake any executive, legislative or judicial functions vested in the Government of such territory, but every such agreement shall be subject to, and governed by, any law relating to the exercise of foreign jurisdiction for the time being in force. So, Option (d) is correct.

Objective Resolutions:

• India is an independent, sovereign, republic. Hence, Statement 1 is correct.
• India shall be a Union of erstwhile British Indian territories, Indian States, and other parts outside British India and the Indian States as are willing to be a part of the Union.
• Territories forming the Union shall be autonomous units and exercise all powers and functions of the Government and administration, except those assigned to or vested in the Union.
• All powers and authority of sovereign and independent India and its constitution shall flow from the people. Hence, Statement 4 is correct.
• All people of India shall be guaranteed and secured social, economic, and political justice; equality of status and opportunities and equality before the law; and fundamental freedoms - of speech, expression, belief, faith, worship, vocation, association, and action subject to the law and public morality.
• The minorities, backward and tribal areas, depressed and other backward classes shall be provided adequate safeguards. Hence, Statement 3 is correct.
• The territorial integrity of the Republic and its sovereign rights on land, sea, and air shall be maintained according to justice and law of civilized nations.
• The land would make a full and willing contribution to the promotion of world peace and the welfare of mankind. 

Both 1 and 2

Explanation:

Statement 1 is incorrect because the salaries and allowances of the judges are determined by the Parliament. Article 125(1) of the Indian Constitution states that the salaries and allowances of the Judges shall be determined by the Parliament by law and, until provision in that behalf is so made, shall be as specified in the Second Schedule.

Statement 2 is also incorrect because a Judge of the Supreme Court or High Court can be removed only on the grounds of proven misbehavior or incapacity, not merely on the ground of violation of the Constitution. This is specified under Article 124(4) for Supreme Court judges and under Article 217(1)(b) for High Court judges. The removal process requires a special majority (two-thirds majority) in both houses of Parliament.

• Statement 1 is correct: It provides safeguards against the exploitation of Scheduled Castes and Anglo Indian communities. It aims to promote and protect their social, educational, economic and cultural interests provided in the Constitution. It also participates in the planning process of the socio-economic development of SCs and Anglo Indians.

• Statement 2 is not correct: The President specifies what castes in each state and union territory are to be treated as the SCs. But any inclusion or exclusion of any caste from presidential notification can be done by parliament only. NCSC has an advisory role only in this regard.

• Statement 3 is correct: It presents to the President, annually and at such other times as it may deem fit, reports upon safeguards of SCs and Anglo Indians. It also discharges such other functions in relation to the protection, welfare and development of SCs as the President may specify.

• Statement 1 is not correct: The President appoints Chief Election Commissioner and Election Commissioners. They have tenure of six years, or up to the age of 65 years, whichever is earlier. They enjoy the same status and receive salary and perks as available to Judges of the Supreme Court of India.

• Statement 2 is correct: The Chief Election Commissioner can be removed from office only through impeachment by Parliament.

• Statement 3 is not correct: The decisions of the Commission can be challenged in the High Court and the Supreme Court of India by appropriate petitions. By long standing convention and several judicial pronouncements, once the actual process of elections has started, the judiciary does not intervene in the actual conduct of the polls. Once the polls are completed and results declared, the Commission cannot review any result on its own. This can only be reviewed through the process of an election petition, which can be filed before the High Court, in respect of elections to the Parliament and State Legislatures. In respect of elections for the offices of the President and Vice President, such petitions can only be filed before the Supreme Court.

• Bureaucracy is the executive arm of the government. In traditional classical literature on organs of government, one studied the legislature, the executive and the judiciary with bureaucracy being subsumed under the executive (which comprises the political establishment and the bureaucracy). Now, one finds that bureaucracy is being treated separately and this is indicative of its growing importance.

• Bureaucracy refers to an administrative policy-implementation group, which is a body of non-elected government officials. The major objective of bureaucracy in India has not been Parliamentary democracy’s expansion but rather the implementation of the decisions taken by the executive. With All India Services at the helm of major bureaucratic structure, it cannot be said that strengthening of federal structure is its main characteristic.

• India’s bureaucratic system’s most important function since independence has been implementation of public policy, making the decisions of the government reach a conclusion on the ground level. Parliamentary democracy results often in change at the helm of executive, the static and permanent bureaucracy provides continuity of policies and execution rather than political stability.

Statement 1 is not correct: The office of profit has been interpreted as a position that brings to the office-holder some financial gain, remuneration or benefit. The amount of such profit is immaterial.

The intent is to avoid the conflict of interests between the duties and interests of an elected member.

The constitution does not explicitly define the phrase. However, it has evolved over decades with subsequent judicial pronouncements.

• whether the government is the appointing authority

• whether the government has the power to terminate the appointment

• whether the government determines the remuneration

• what is the source of remuneration

• the power that comes with the position.

Statement 2 is correct: Provisions of Articles 102(1)(e) and 191(1)(e) also protect a legislator occupying a government position if the office in question has been made immune to disqualification by law.

• Article 102 (1): A person shall be disqualified for being chosen as a member of either House of Parliament if he holds any office of profit under the Government of India or the Government of any State, other than an office declared by Parliament by law not to disqualify its holder.

• Article 191 (1): A person shall be disqualified for being chosen as, and for being, a member of the Legislative Assembly or Legislative Council of a State if he holds any office of profit under the Government of India or the Government of any State specified in the First Schedule, other than an office declared by the Legislature of the State by law not to disqualify its holder.

Statement 1 is incorrect: The right conferred on minorities under Article 30 is only to ensure equality with the majority and not intended to place the minorities in a more advantageous position vis-a-vis the majority. There is no reverse discrimination in favour of minorities.

Statement 2 is correct: As per the second provision of Article 29 of India constitution, no citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, or language. This feature is not necessarily restricted to minorities only, as it is commonly assumed to be but extended to all citizens in the country. Knowledge Base: Article 30 grants the following rights to minorities, whether religious or linguistic:

(a) All minorities shall have the right to establish and administer educational institutions of their choice.

(b) The compensation amount fixed by the State for the compulsory acquisition of any property of a minority educational institution shall not restrict or abrogate the right guaranteed to them. This provision was added by the 44th Amendment Act of 1978 to protect the right of minorities in this regard.

(c) In granting aid, the State shall not discriminate against any educational institution managed by a minority.

• The authority who has detained the person is not under any obligation to provide the reasons for the detention to be held before his arrest but is recommended to do so as soon as possible, thus giving the detained person with an incentive to be represented. So, statement 1 is not correct.

• Firstly, a person may be taken to preventive custody only for three months at the first instance. If the period of detention is extended beyond three months, the case must be referred to an Advisory Board consisting of persons with qualifications for appointment as Judges of the High Courts. It is implicit, that the period of detention may be extended beyond three months, only on approval by the Advisory Board. So, statement 2 is not correct.

  Therefore option (d) is the correct answer

• Statement a is incorrect and Statement c is correct: Citizenship is a bond/relationship between an individual and a country to which the individual owes allegiance and is entitled to protection in return. Citizenship implies a state of liberty with associated responsibilities. Certain rights, obligations, and responsibilities are granted to all citizens but are denied or only partially provided to non-citizens residing in that country. It is also about citizen-citizen relations and involves certain obligations of citizens to each other and to the society. Equality of rights and status is one of the basic rights of citizenship. It is not merely the freedom to purchase property within a country. Also, non-citizen too can purchase property upon fulfilling certain conditions.

• Statement b is incorrect: Birthright citizenship is the legal right for children born in a country to be citizens of that country. Birthright citizenship is a constitutional mandate in many countries, but nations do not require that this notion be recognized as law. Despite the number of countries that do not enforce birthright citizenship, many countries recognize birthright citizenship for anyone and everyone who is born within the country's borders. Some countries offer birthright citizenship on a conditional basis.

• Statement d is incorrect. Citizenship is not the mere entitlement of residence in a country. Citizenship refers to full and equal membership of nation state but also certain obligation and rights to citizens. Citizens expect certain rights from their state as well as help and protection wherever they may travel.

• Article 368 in Part XX of the Constitution deals with the powers of Parliament to amend the Constitution and its procedure. It can be initiated only by the introduction of a bill for the purpose in either House of Parliament and not in the state legislatures. So, Option (a) is correct.

• The bill can be introduced either by a minister or by a private member and does not require prior permission from the president. So, Options (b) and (c) are correct.

• The bill must be passed in each House by a special majority, that is, a majority of the total membership of the House and a majority of two-thirds of the members of the House present and voting. Each House must pass the bill separately. In case of a disagreement between the two Houses, there is no provision for holding a joint sitting of the two Houses for deliberation and passage of the bill. So, Option (d) is not correct.

• Option c is correct: The concept of principled distance entails a state to maintain equal distance from all religion.

• Principled distance from religion is the essence of Indian secularism. Secularism in the Indian context calls for is the maintenance of a “principled distance” between state and religion. This does not mean that the state cannot intervene in religion and its affairs, but that any intervention should be within the limitations prescribed by the Constitution.

• Indian Constitution embodies the positive concept of secularism, i.e., giving equal respect to all religions or protecting all religions equally. The Western concept of secularism connotes a complete separation between the religion and the state. The 42nd amendment of the Constitution of India amended the Preamble of the Constitution declaring India as a secular nation. In India secularism means the state views all religions as equal.

• Option a is incorrect: The doctrine of harmonious construction (and not principled distance) is used to avoid any inconsistency and repugnancy within a section or between a section and other parts of a statute. In case of any debate about a law, the interpretation which is consistent with all the provisions and makes the enactment consistent with the Constitution shall prevail.

• Option b is incorrect: Separation of power defines the relation between executive, legislature and judiciary. In order to prevent the misuse of power by any one branch of government, the Constitution says that each of these organs should exercise different powers. Through this, each organ acts as a check on the other organs of government and this ensures the balance of power between all three.

• Option d is incorrect: Principle of Federal Supremacy is related to the superiority of centre over states in exercise of power. Article 246 of the Indian constitution provides a system of hierarchy with Union list at the apex followed by a concurrent list and then state list i.e. when a dispute arises between the state and centre regarding the legislative competency, the union will prevail over the state. Similarly, in case of a conflict between concurrent list and state list, the former will prevail.

• The Preamble to a Constitution embodies the fundamental values and the philosophy, on which the Constitution is based, and the aims and objectives, which the founding fathers of the Constitution enjoined the polity to strive to achieve.

• The Supreme Court in the Berubari Union case (1960) held that the “Preamble is not a part of the Constitution.”

• It further said the Preamble can be used as a guiding principle if a term in any article of the Constitution is ambiguous or has more than one meaning.

• Later in Kesavanand Bharti case (1973), the Supreme Court reversed its ruling and held that the Preamble is a part of the Constitution and can also be amended under Article 368 of the Constitution. Preamble, therefore, is a part of the Constitution.

• The preamble states the objects of the Constitution and is not enforceable in court thus has no legal effect independently of other parts.

• Fundamental Duties are enforceable by law. The Parliament can provide for the imposition of appropriate punishment for noncompliance with any of the Fundamental Duty. Justice Verma Committee in 1999 identified legal provisions for the implementation of some of the Fundamental Duties.

• Fundamental Duties help the court in determining and examining the constitutional validity of a law. In 1992, Supreme Court observed that in determining constitutionality of any law, if that law gives effect to any of the fundamental Duty then it would be considered reasonable in relation to Article 14 (equality before law) and Article 19 (Six freedoms) and such law would not be termed unconstitutional.

• Fundamental Duties are confined to citizens only and not extended to foreigners. However, some of the Fundamental Rights (except Article 15, Article 16, Article 19, Article 29, Article 30) are also extended to foreigners.

• To uphold and protect the sovereignty, unity and integrity of India is a fundamental duty.

• Hence option (c) is the correct answer

• Imposition of President’s Rule in a state would be proper in the following situations:

  • Where after general elections to the assembly, no party secures a majority, that is, ‘Hung Assembly’. Hence statement 1 is not correct.

  • Where the party having a majority in the assembly declines to form a ministry and the governor cannot find a coalition ministry commanding a majority in the assembly.

  • Where a ministry resigns after its defeat in the assembly and no other party is willing or able to form a ministry commanding a majority in the assembly. Hence statement 2 is not correct.

  • Where a constitutional direction of the Central government is disregarded by the state government.

  • Internal subversion where, for example, a government is deliberately acting against the Constitution and the law or is fomenting a violent revolt.

  • Physical breakdown where the government wilfully refuses to discharge its constitutional obligations endangering the security of the state.

• The imposition of President’s Rule in a state would be improper under the following situations:

  • Where a ministry resigns or is dismissed on losing majority support in the assembly and the governor recommends imposition of President’s Rule without probing the possibility of forming an alternative ministry.

  • Where the governor makes his own assessment of the support of a ministry in the assembly and recommends imposition of President’s Rule without allowing the ministry to prove its majority on the floor of the Assembly.

  • Where the ruling party enjoying majority support in the assembly has suffered a massive defeat in the general elections to the Lok Sabha such as in 1977 and 1980.

  • Internal disturbances not amounting to internal subversion or physical breakdown.

  • Maladministration in the state or allegations of corruption against the ministry or stringent financial exigencies of the state. Hence statement 3 is correct.

  • Where the state government is not given prior warning to rectify itself except in case of extreme urgency leading to disastrous consequences.

  • Where the power is used to sort out intra-party problems of the ruling party, or for a purpose extraneous or irrelevant to the one for which it has been conferred by the Constitution.

• When a money bill is presented to the president, he may either give his assent to the bill or withhold his assent to the bill but cannot return the bill for reconsideration of the Houses. So, Option (a) is not correct.

• When a Financial bill is presented to the President, he can either give his assent to the bill or withhold his assent to the bill or return the bill for reconsideration of the Houses. So, Option (b) is not correct.

• The president must give his assent to a Constitution Amendment bill. He can neither withhold his assent to the bill nor return the bill for reconsideration of the Parliament. This is the only bill for which the President must give his assent at the first instance. So, Option (c) is correct.

• All the ordinances issued by the president (during the recess of the Parliament) must be approved by the Parliament within six weeks after its reassembly. The Ordinance replacing bill has to follow the same procedure as the Ordinary Bill. So, Option (d) is not correct.