Test: Polity NCERT Based Test - 2 - UPSC MCQ

• Both statements are correct

Supplementary notes:

Right against Exploitation

• Article  23 & 24 of Indian Constitution deal with the Right against Exploitation.

Prohibition of Traffic in Human Beings and Forced Labour (Article  23):

• Article 23 prohibits traffic in human beings, begar (forced labor) and other similar forms of forced labor.
• Any contravention of this provision shall be an offense 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:
  (i) selling and buying of men, women, and children like goods
  (ii) immoral traffic in women and children, including prostitution
  (iii) devadasis
  (iv) slavery
• The term ‘begar’ means compulsory work without remuneration.
• It was Indian system under which local Zamindars sometimes use 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.

Exception:

• Article 23 also provides for an exception to this provision. It permits the State to impose compulsory service for public purposes, as for example, military service or social service, for which it is not bound to pay.
• However, in imposing such service, the State is not permitted to make any discrimination on grounds only of religion, race, caste or class.

Prohibition of Employment of Children in Factories etc (Article 24):

• 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 child labor (Prohibition and Regulation) Act, 1986, is the most important law in this direction.

• With reference to the Indian Parliament:
• No money shall be withdrawn from the consolidated fund of India except under the appropriation made by the Appropriation Act
• No Money Bill can be introduced except on the recommendation of the President
• Finance Bill is required for proposing new taxes but no another Bill/Act is required for making changes in the rates of taxes which are already under operation.
• According to Indian Constitution article 114, appropriation bill after passing from the lower house and then assent by President called to be passed. so, option 'a' is the wrong statement.

Correct Answer :- c

Explanation : An area to be declared as ‘disturbed area’ is conferred on the Governor of the state or the Administrator of the Union Territory or the Central Government. The entire area or a part of it can be declared as disturbed by notification in the official gazette.

• Option (d) is incorrect:  There is no provision for a joint session in case of the Constitutional amendment bill.

Supplementary notes:

Amendment to the Constitution Different ways of amending the Constitution are:

Amendment by a simple majority

• No special procedure for amendment is required in such cases and there is no difference at all between an amendment and an ordinary law. These parts of the Constitution are very fl exible. 
• Examples: Admission or establishment of new states, the formation of new states and alteration of areas, boundaries or names of existing states, etc.

By the special majority of Parliament

• The majority of the provisions in the Constitution need to be amended by a special majority. This amendment to the Constitution requires two different kinds of special majorities:
• Majority of the total membership of each house, and
• Majority of two-thirds of the members of each house present and voting.
• The expression ‘total membership’ means the total number of members comprising the House irrespective of the fact whether there are vacancies or absentees.
• Both Houses of the Parliament must pass the amendment bill separately in this same manner. However, in case of any deadlock between both the houses, there is no provision for a joint session.
• For every amendment bill, this special majority is required.

By the special majority of parliament and consent of states

• Those provisions of the Constitution which are related to the federal structure of the polity can be amended by a special majority of the Parliament and also with the consent of half of the state legislatures by a simple majority.
• If one or some or all the remaining states take no action on the bill, it does not matter; the moment half of the states give their consent, the formality is completed.

The Parivarthana programme is taken up in Andhra Pradesh.

• The CVC was set up by the Government in February, 1964 on the recommendations of the Committee on Prevention of Corruption, headed by Shri K. Santhanam. In 2003, the Parliament enacted CVC Act conferring statutory status on the CVC.
• The Central Vigilance Commissioner (CVC) is to be appointed by the President of India. He holds the office for 4 years or till the age of 65 years whichever is earlier.
• Members of All India Service serving in connection with the affairs of the Union and Group A officers of the Central Government

• Both statements are correct

Supplementary notes:

Protection of Life and Personal Liberty (Article 21)

• The foremost right among rights to freedom is the right to life and personal liberty.
• No citizen can be denied his or her life except by procedure as laid down under the law.
• Similarly, no one can be denied his/her personal liberty. That means no one can be arrested without being told the grounds for such an arrest.
• If arrested, the person has the right to defend himself by a lawyer of his choice.
• Also, it is mandatory for the police to take that person to the nearest magistrate within 24 hours.
• The magistrate, who is not part of the police, will decide whether the arrest is justifi ed or not.
• This right is not just confi ned to a guarantee against taking away of an individual’s life but has wider application.
• Various judgments of the Supreme Court have expanded the scope of this right.
• The Supreme Court has ruled that this right also includes the right to live with human dignity, free from exploitation, right to shelter and livelihood (no person can live without the means of living, that is, the means of livelihood).

Right to Education (Article 21 A)

• Article 21 A declares that the State shall provide free and compulsory education to all children of the age of six to fourteen years in such a manner as the State may determine.
• This provision was added by the 86th Constitutional Amendment Act of 2002.

The correct answer is option C: Both 1 and 2.
Explanation:
Statement 1: FSSAI is a statutory body under the Ministry of Health and Family Welfare which aims to establish a single reference point for all matters relating to food safety and standards.
- FSSAI stands for the Food Safety and Standards Authority of India.
- It is a statutory body established under the Food Safety and Standards Act, 2006.
- The primary objective of FSSAI is to regulate and monitor the safety and standards of food products in India.
- It works under the Ministry of Health and Family Welfare and is responsible for setting standards for food products, issuing licenses and registrations, and enforcing food safety regulations.
Statement 2: Prevalent Certification Systems for organic food in India includes the National Programme for Organic Production [NPOP] governed by the Union Ministry of Commerce and Industry.
- The National Programme for Organic Production (NPOP) is a certification program for organic food products in India.
- It is governed by the Union Ministry of Commerce and Industry.
- NPOP provides a certification system that ensures the organic integrity of agricultural products.
- The certification process involves inspections, testing, and documentation to verify that the products meet the organic standards.
Therefore, both statements 1 and 2 are correct. FSSAI is responsible for food safety and standards, while NPOP is the prevalent certification system for organic food in India.

Parliament can make laws on any subject given in 3 lists (Power also extends to Delhi & Pondicherry even though they have their own legislature).Pondicherry & Delhi can also make laws on any subject of state list & concurrent list except laws related to Public order, Police & land. President may frame regulations for peace, progress & good governance for all UTs except Delhi & Pondicherry. Parliament is empowered to constitute a high court for any of the UT or even can declare an existing court there as high court.

Article 239 B gives the administrator power to promulgate an ordinance when the legislative assembly of a Union Territory is not in session.

• Option (d) is incorrect: In 1978, the 44th amendment to the Constitution removed the Right to Property from the list of Fundamental Rights and converted it into a legal right under Article 300 A.

Supplementary notes:

Right to Property

• In the Constitution, originally, there was a Fundamental Right to ‘acquire, possess and maintain’ property.
• But the Constitution made it clear that property could be taken away by the government for public welfare.
• Finally, in 1973, the Supreme Court of India gave a decision that the Right to Property was not a part of the basic structure of the Constitution and therefore, Parliament had the power to abridge this right by an amendment.

Collective Responsibility of the Cabinet in India
The concept of collective responsibility of the Cabinet in India was introduced by the Constitution of India. Here is a detailed explanation:
1. Cabinet in India:
- The Cabinet in India is a group of senior government ministers, led by the Prime Minister, who are responsible for making important policy decisions and implementing government programs.
- The Cabinet plays a crucial role in the functioning of the Indian government and is responsible for the day-to-day administration of the country.
2. Collective Responsibility:
- Collective responsibility refers to the principle that all Cabinet ministers must publicly support government decisions or policies, even if they personally disagree with them.
- This principle ensures that the government presents a united front and maintains stability in its decision-making process.
3. Introduction of Collective Responsibility:
- The concept of collective responsibility was introduced by the Constitution of India, which was adopted on January 26, 1950.
- The Constitution lays down the guidelines for the functioning of the government and the responsibilities of the Cabinet.
- Article 75(3) of the Constitution states that the Council of Ministers, including the Prime Minister, shall be collectively responsible to the Lok Sabha (the lower house of the Parliament).
4. Significance:
- Collective responsibility ensures that the decisions taken by the government are implemented effectively and without any internal conflicts.
- It promotes unity and cohesion within the Cabinet, leading to better governance and decision-making.
- It holds the Cabinet collectively accountable to the Parliament and the people of India for its actions and policies.
5. Exceptions:
- While collective responsibility is the general rule, there can be exceptions in certain circumstances, such as matters of conscience or matters of national interest.
- In such cases, individual ministers may be allowed to dissent or abstain from supporting the decision, provided they resign from the Cabinet.
In conclusion, the concept of collective responsibility of the Cabinet in India was introduced by the Constitution of India. It ensures unity, accountability, and effective decision-making within the government.

From the various judgements, the following have emerged as ̳basic features‘ of the Constitution or elements/components/ingredients of the ̳basic structure‘ of the constitution:

• Supremacy of the Constitution
• Sovereign, democratic and republican nature of the Indian polity
• Secular character of the Constitution
• Separation of powers between the legislature, the executive and the judiciary
• Federal character of the Constitution
• Unity and integrity of the nation
• Welfare state (socio-economic justice)
• Judicial review
• Freedom and dignity of the individual
• Parliamentary system
• Rule of law
• Harmony and balance between Fundamental Rights and Directive Principles
• Principle of equality
• Free and fair elections
• Independence of Judiciary
• Limited power of Parliament to amend the Constitution
• Effective access to justice
• Principle of reasonableness
• Powers of the Supreme Court under Articles 32, 136, 141 and 142

• Statement 1 is incorrect: A judge of the Supreme Court or High Court can be removed only on the grounds of proven misbehavior or incapacity.

Supplementary notes:

Judiciary

• The process of  Appointment and  Removal of Judges:
• A judge of the Supreme Court or High Court can be removed only on the ground of proven misbehavior or incapacity.
• In making appointments, the Executive plays a crucial role; the Legislature has the powers of removal. This has ensured both the balance of power and independence of the Judiciary.
• So far, only one case (V. Ramaswamy case in 1983) of the removal of a judge of the Supreme Court came up for consideration before Parliament. In that case, though the motion got a twothirds majority, it did not have the support of the majority of the total strength of the House and therefore, the judge was not removed.

Explanation:
The given question is asking to identify the correct statements among the given options. Let's analyze each statement one by one:
Statement 1: 1st ARC as early as in 1965 talked about the need for specialization in administration.
- The 1st Administrative Reforms Commission (ARC) was established in 1965 to study and make recommendations for administrative reforms in India.
- The 1st ARC did emphasize the need for specialization in administration in its report.
- Therefore, statement 1 is correct.
Statement 2: The Basawan Committee (2016) had pointed out that the bigger states like Bihar, MP, and Rajasthan have a deficit of over 75 to 100 officers, which propels the need for lateral induction in central government staffing.
- The Basawan Committee was formed in 2016 to examine the issue of lateral entry into the civil services.
- The committee did highlight the deficit of officers in bigger states like Bihar, MP, and Rajasthan and the need for lateral induction in central government staffing.
- Therefore, statement 2 is correct.
Based on the analysis, both statement 1 and statement 2 are correct. Therefore, the correct answer is option C: Both 1 and 2.

National Integration Council set up in June 1962 by the then Prime Minister Jawaharlal Nehru to address the problems of communalism and regionalism in India. It is chaired by Prime Minister of India.

• Statement 1 is incorrect: Elections in India are held for the Lok Sabha and Rajya Sabha, the State Legislative Assemblies (Vidhan Sabha), Legislative Council (Vidhan Parishad) and other key representatives like President, Vice-President, etc.

Supplementary notes:

Elections System in India

• Elections are conducted as per constitutional provisions and the laws made by the Parliament.
• Article 324 of the Indian Constitution explains the provision of the election commission in India.
• There are two systems of election which are followed in India, i.e., First Past the Post (FPTP) system and Proportional Representation (PR)
• The first past the post system has opted for direct elections of Lok Sabha and State Legislative Assembly, but for indirect elections, i.e. Rajya Sabha and Legislative Council Elections, or for the election of President and Vice President, proportional representation system is adopted.
• Under First Past, the Post (FPTP) system, a candidate who gets one vote more than another candidate (who comes second) is declared as the winner.
• In proportional representation, a number of seats won by a party or group of candidates are proportionate to the number of votes received.

The Fourth Schedule to the Constitution provides for allocation of seats to the States and Union Territories in Rajya Sabha. The allocation of seats is made on the basis of the population of each State.

• Both statements are correct

Supplementary notes:

73^rd and  74^th  Constitutional Amendments Acts:

• In 1992, the 73^rd and 74^th constitutional amendments were passed by the Parliament.
• The 73^rd Amendment is about rural local governments (which are also known as Panchayati Raj Institutions) and the 74^th amendment made the provisions relating to urban local government (Nagarpalikas).
• 73^rd Amendment Act has added a new Part IX to the Constitution of India.
• The 73^rd and 74thAmendments came into force in 1993.
• These amendments aimed at the strengthening local governments and ensuring an element of informity in their structure.
• Local government is a ‘State subject‘. States are free to make their own laws on this subject. 

National Commission of Scheduled Caste, is a constitutional body. The Ministry of Minority Affairs looks into the safeguards the rights of Anglo – Indian Community. However, Article 338 also has references to the fact that the Scheduled Castes and Scheduled Tribes shall be construed as including references to such other backward classes as the President may, on receipt of the report of a Commission appointed under clause (1) of Article 340, by order specify and also to the Anglo Indian community. 

• Option (a) is incorrect: Dr. B.R. Ambedkar considered the Right to Constitutional Remedies as ‘heart and soul of the constitution’.

Supplementary notes:

Fundamental Rights

• The Fundamental Rights are enshrined in Part III of the Constitution from Articles 12 to 35.
• They prevent the establishment of an authoritarian and despotic rule in the country and protect the liberties and freedoms of the people against the invasion by the State
• Originally, the Constitution provided for seven Fundamental Rights namely,
  (i) Right to Equality (Articles 14–18)
  (ii) Right to Freedom (Articles 19–22)
  (iii) Right against Exploitation (Articles 23– 24)
  (iv) Right to Freedom of Religion (Articles 25–28)
  (v) Cultural and Educational Rights (Articles 29–30)
  (vi) Right to Property (Article 31)
  (vii) Right to Constitutional Remedies (Article 32)
• However, the Right to Property was deleted from the list of Fundamental Rights by the 44th Amendment Act, 1978. It is made a legal right under Article 300-A.

Right to Constitutional Remedies (Article 32)

• It gives a citizen the right to approach a High Court (Article 226) or the Supreme Court (Article 32) to get any of the Fundamental Rights restored in case of their violation.
• Dr. B.R. Ambedkar considered the Right to Constitutional Remedies as ‘heart and soul of the constitution’.
• It contains the following four provisions:
• The right to move the Supreme Court by appropriate proceedings for the enforcement of the Fundamental Rights is guaranteed.
• The Supreme Court shall have the power to issue directions or orders or writs for the enforcement of any of the Fundamental Rights.
• Parliament can empower any other court to issue directions, orders, and writs of all kinds. Any other court here does not include High Courts because Article 226 has already conferred these powers on the High Courts.
• The right to move the Supreme Court shall  not be suspended except as otherwise provided for by the Constitution. Thus, the Constitution provides that the President can suspend the right to move any court for the enforcement of the Fundamental Rights during a national emergency (Article 359).

Types of Writs:

• Habeas corpus: A writ of habeas corpus means that the court orders that the arrested person should be presented before it. It can also order to set free an arrested person if the manner or grounds of arrest are not lawful or satisfactory.
• Mandamus: This writ is issued when the court fin ds that a particular offi ceholder is not doing legal duty and thereby is infringing on the right of an individual.
• Prohibition: This writ is issued by a higher court (High Court or Supreme Court) when a lower court has considered a case going beyond its jurisdiction.
• Quo Warranto: If the court fi nds that a person is holding offi ce but is not entitled to hold that offi ce, it issues the writ of quo warranto and restricts that person from acting as an offi ceholder.
• Certiorari: Under this writ, the higher court orders a lower court or another authority to transfer a matter pending before it to the higher authority or court.

Art 350B provides for a Special Officer for linguistic minorities.
(1) There shall be a Special Officer for linguistic minorities to be appointed by the President.
(2) It shall be the duty of the Special Officer to investigate all matters relating to the safeguards provided for linguistic minorities under this Constitution and report to the President upon those matters at such intervals as the President may direct, and the President shall cause all such reports to be laid before each House of Parliament, and sent to the Governments of the States concerned.

Under article 30, All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice. so, option 1 is correct.

Note: The constitution provides for a Special Officer for linguistic minorities only. It does not cover religious minorities. 

• All statements are correct

Supplementary notes:

Important provisions that create a strong central government

• The very existence of a State including its territorial integrity is in the hands of Parliament. The Parliament is empowered to ‘form a new State by separation of territory from any State or by uniting two or more States.’ It can also alter the boundary of any State or even its name. The Constitution provides for some safeguards by way of securing the view of the concerned State legislature.
• The Constitution has certain very powerful emergency provisions, which can turn our federal polity into a highly centralized system once an emergency is declared. During an emergency, power becomes lawfully centralized. Parliament also assumes the power to make laws on subjects within the jurisdiction of the States.
• Even during normal circumstances, the central government has very effective financial powers and responsibilities. Items generating revenue are under the control of the central government. The Union government uses its discretion to give grants and loans to States. 
• The Governor has certain powers to recommend dismissal of the State government and the dissolution of the Assembly. Besides, even in normal circumstances, the Governor has the power to reserve a bill passed by the State legislature, for the assent of the President. This gives the central government an opportunity to delay the State legislation and also to examine such bills and veto them completely.
• There may be occasions when the situation may demand that the central government needs to legislate on matters from the State list. This is possible if the move is ratifi ed by the Rajya Sabha. The Constitution clearly states that executive powers of the centre are superior to the executive powers of the States. Furthermore, the central government may choose to give instructions to the State government.
• India has an integrated administrative system. The All-India Services are common to the entire territory of India and offi cers chosen for these services serve in the administration of the States. Thus, an IAS offi cer who becomes the collector or an IPS officer who serves as the Commissioner of Police is under the control of the central government. States cannot take disciplinary action nor can they remove these officers from service.

• Both statements are correct

Supplementary notes:

Amendment to the Constitution

• The makers of the Constitution were aware of the fact that there may be some faults or mistakes in the Constitution; they knew that the Constitution could not be totally free of errors.
• Whenever such mistakes would come to light, they wanted the Constitution to be easily amended and to be able to get rid of these mistakes.
• The procedure for the amendment of the Constitution is laid down in Article 368.

Controversial Amendments

• Amendments during the period 1970 to 1980 generated a lot of legal and political controversy.
• The parties that were in opposition during the period 1971-1976, saw many of these amendments as attempts by the ruling party to subvert the Constitution.
• In particular, the 38th, 39th, and 42nd amendments have been the most controversial amendments so far. These three amendments were made in the background of the internal emergency declared in the country from June 1975.
• They sought to make basic changes in many crucial parts of the Constitution.
• The 42nd amendment was particularly seen as a wide-ranging amendment affecting large parts of the Constitution.
• It was also an attempt to override the ruling of the Supreme Court given in the Kesavananda Bharti case. Even the duration of the Lok Sabha was extended from fi ve to six years.
• The 42nd amendment also put restrictions on the review powers of the Judiciary. It was said at that time that this amendment was practically a rewriting of many parts of the original Constitution.
• This amendment made changes to the Preamble, to the seventh schedule of the Constitution and to 53 articles of the Constitution.
• Many MPs belonging to the opposition parties were in jail when this amendment was passed in the Parliament. In this backdrop, elections were held in 1977 and the ruling party (Congress) was defeated.
• The new government thought it necessary to reconsider these controversial amendments and through the 43rd and 44th amendments, canceled most of the changes that were affected by the 38th, 39th, and the 42nd amendments. The constitutional balance was restored by these amendments.

• Statement 1 is incorrect: Lord Rippon is known as Father of Local Self Government in India.
• Statement 2 is incorrect: The subject of local government did not receive adequate importance in the original Constitution.

Supplementary notes:

What is Local Government?

• Local government is government at the village and district level and is closest to the common people. 
• Local government is about a government that involves the day-to-day life and problems of ordinary citizens.

Evolution of Local Government in India:
Modern time:

• The elected local government bodies were created after 1882. Lord Rippon, who was the Viceroy of India at that time, took the initiative in creating these bodies.
• Our national movement was concerned about the enormous concentration of powers in the hands of the Governor-General sitting at Delhi.
• Therefore, for our leaders, independence meant an assurance that there will be decentralization of decision making, executive and administrative powers.

In the Constitution:

• When the Constitution was prepared, the subject of local government was assigned to the States.
• It was also mentioned in the Directive Principles as one of the policy directives to all governments in the country.
• The subject of local government did not receive adequate importance in the original Constitution.
• The turmoil due to the Partition resulted in a strong unitary inclination in the Constitution and multiple views in the constituent assembly of leaders like Jawahar Lal Nehru and Dr. B.R. Ambedkar on local government.

Option (a) is incorrect:  Freedom does not mean freedom to do anything that one desires or likes. If that were to be permitted then a large number of people will not be able to enjoy their freedom

Supplementary notes:

Fundamental Rights

• The Fundamental Rights are enshrined in Part III of the Constitution from Articles 12 to 35.
• They prevent the establishment of an authoritarian and despotic rule in the country and protect the liberties and freedoms of the people against the invasion by the State
• Originally, the Constitution provided for seven Fundamental Rights namely,
  (i) Right to Equality (Articles 14–18)
  (ii) Right to Freedom (Articles 19–22)
  (iii) Right against Exploitation (Articles 23– 24)
  (iv) Right to Freedom of Religion (Articles 25–28)
  (v) Cultural and Educational Rights (Articles 29–30)
  (vi) Right to Property (Article 31)
  (vii) Right to Constitutional Remedies (Article 32)
• However, the Right to Property was deleted from the list of Fundamental Rights by the 44th Amendment Act, 1978. It is made a legal right under Article 300-A.

Right to Freedom

• Freedom or Liberty means freedom of thought, expression, and action.
• However, it does not mean freedom to do anything that one desires or likes. If that were to be permitted then a large number of people will not be able to enjoy their freedom.
• Therefore, freedoms are defin ed in such a manner that every person will enjoy her freedom without threatening the freedom of others and without endangering the law and order situation.

Protection of Six Rights (Article 19)

• Article 19 guarantees to all citizens the six rights. These are:
  (i) Right to freedom of speech and expression.
  (ii) Right to assemble peacefully and without arms.
  (iii) Right to form associations or unions or co-operative societies.
  (iv) Right to move freely throughout the territory of India.
  (v) Right to reside and settle in any part of the territory of India.
  (vi) Right to practice any profession or to carry on any occupation, trade or business.
  (vii) These six rights are protected against only state action and not private individuals.