Test: Constitution & Political System - 1 (2019-2016)


20 Questions MCQ Test UPSC Topic Wise Previous Year Questions | Test: Constitution & Political System - 1 (2019-2016)


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QUESTION: 1

With reference to the Constitution of India, consider the following statements :
1. No High Court shall have the jurisdiction to declare any central law to be constitutionally invalid.
2. An amendment to the Constitution of India cannot be called into question by the Supreme Court of India.
Which of the statements given above is/ are correct?

[2019]

Solution:

The Constitution itself confers the power of judicial review on the judiciary (both the Supreme Court as well as High Courts). Judicial review is the power of the judiciary to examine the constitutionality of legislative enactments and executive orders of both the Central and State governments. On examination, if they are found to be violative of the Constitution (ultra vires), they can be declared as illegal, unconstitutional and invalid (null and void) by the judiciary. So #1 is wrong.
I.R. Coelho case (2007), the Supreme Court ruled that there could not be any blanket immunity from judicial review of laws included in the Ninth Schedule. Thus #2 is also wrong. So, D: neither 1 nor 2 correct.

QUESTION: 2

Which of the following statements is/are correct regarding the Maternity Benefit (Amendment) Act, 2017?
1. Pregnant women are entitled for three months pre delivery and three months post-delivery paid leave
2. Enterprises with creches must allow the mother minimum six creche visits daily
3. Women with two children get reduced entitlements.
Select the correct answer using the code given below

[2019]

Solution:

As per the bare act:
• In case of a woman who has two or more children, the maternity benefit will continue to be 12 weeks. If less than two children then she'll get 26 weeks paid leave.
• Every establishment with 50 or more employees to provide crèche facilities within a prescribed distance.
The woman will be allowed four visits to the crèche in a day. So #2 is wrong. We are left with Answer C: only 3.

QUESTION: 3

With reference to the constitution of India, prohibition or limitations or provisions contained in ordinary laws can not act as prohibitions or limitations on the constitutional powers under Article 142. It could mean which one of the following?

[2019]

Solution:

• Articles 124 to 147 in Part V of the Constitution deal with the organisation, independence, jurisdiction, powers, procedures and so on of the Supreme Court.
• 142 is an Article between 124-147 so, closest match is B: related to Supreme Court.

QUESTION: 4

Under which schedule of the Constitution of India can the transfer of tribal land to private parties for mining be declared null and void?

[2019]

Solution:

Fifth Schedule of the Constitution deals with the administration and control of scheduled areas. The Governor can make regulations to prohibit or restrict the transfer of land by or among members of the scheduled tribes. So, B is the right answer.

QUESTION: 5

Consider the following statements :
1. The motion to impeach a judge of the supreme court of India cannot be rejected by the speaker of the Lok Sabha as per the Judges (Inquiry) Act, 1968.
2. The constitution of India defines and gives details of what constitutes 'incapacity and proved misbehaviour' of the judges of the Supreme Court of India.
3. The details of the process of the impeachment of the judges of the Supreme Court of India are given in the judges (Inquiry) Act, 1968.
4. If the motion of the impeachment of a judge is taken up for voting, the law requires the motion to be backed by each house of the parliament and supported by a majority of total membership of that house and by not less than two-thirds of total members of that House present and voting.
Which of the statements given above is/are correct?

[2019]

Solution:

• The Speaker/Chairman may admit the motion or refuse to admit motion for impeachment of SC Judges.
• The address to remove SC Judge must be supported by a special majority of each House of Parliament (ie, a majority of the total membership of that House and a majority of not less than two-thirds of the members of that House present and voting). So #4 is right, answer is C.

QUESTION: 6

Consider the following statements :
1. The 44th Amendment to the Constitution of India introduced an Article placing the election of the Prime Minister beyond judicial review.
2. The Supreme Court of India struck down the 99th Amendment to the Constitution of India as being violative of the independence of the judiciary.
Which of the statements given above is/are correct?

[2019]

Solution:

"Keeping election of the Prime Minister beyond judicial review" is a wrong statement 99th Amendment had replaced the collegium system of appointing judges to the Supreme Court and High Courts with a new body called the National Judicial Appointments Commission (NJAC). In 2015, SC held "ultra vires" the 99th Constitutional Amendment Act and the NJAC Act. So, #2 is right. 

QUESTION: 7

Right to Privacy is protected as an intrinsic part of Right to Life and Personal Liberty. Which of the following in the Constitution of India correctly and appropriately imply the above statement?

[2018]

Solution:

The Supreme Court ruled that "the right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution" so Option c is right. 

Let's also look at the wrong options:

  • Article 14- Gives the Right to Equality. 42nd Constitutional Amendment Act 1976, is known as mini constitution.
  • Article 17- Related to the Abolition of Untouchability. It is part of Right to Equality. Part IV- Directive Principles of State Policy, does not have any mention about the Privacy.
  • Article 24- Prohibition of employment of children in factories, et(c) 44th Constitution Amendment- 44th amendment of the Constitution was enacted by the Janata Government mainly to nullify some of the amendments made by the 42nd Amendment Act, 1976.
QUESTION: 8

Which of the following are regarded as the main features of the "Rule of Law"?
1. Limitation of powers
2. Equality before law
3. People's responsibility to the Government
4. Liberty and civil rights
Select the correct answer using the code given below:

[2018]

Solution:

• This idea of rule of law implies that all individuals -rich and poor, men or women, forward or backward castes - are subjected to the same law. So, #2 is right. (Equality before the law)
• The principal role of the judiciary is to protect rule of law and ensure supremacy of law. It safeguards rights of the individual…and ensures that democracy does not give way to individual or group dictatorship.
So, it also means #1 and #4 are right.
• Statement #3 is irrelevant, so by elimination we are left with Option (c)

QUESTION: 9

Which one of the following reflects the nicest, appropriate relationship between law and liberty?

[2018]

Solution:

• Concept of Negative Liberty: Historically speaking, the term liberty was initially defined as absence of all restraints on an individual. John Stuart Mill, the nineteenth century English political philosopher, described, "Restraint as an evil". Mill was especially worried about the restraints coming from the state and society. From this concept, we can infer A: if there are more laws, there is less liberty.
• Concept of Positive Liberty: Since individuals live together in a society, complete absence of restraints would be neither possible nor desirable. It has been very aptly said that your liberty to swing your arm ends there where my nose begins. For liberty to be enjoyed by everyone, it should have reasonable restraints. The freedom of many requires restraint of law on the freedom of some. Later liberals supported the positive liberty. From this concept, we can infer B: if there are no laws, there is no liberty.
• So, as such, both A and B (and even D) seem "appropriate", but question also asks which one reflects both "appropriate" and "nicest"- Option B is the nicest of them three.

QUESTION: 10

In the federation established by The Government on India Act of 1935. Residuary Power were given to the

[2018]

Solution:

Residuary powers were in the hands of Governor General.

QUESTION: 11

Consider the following statements :
1. The Parliament of India can place a particular law in the Ninth Schedule of the Constitution of Indi(a)
2. The validity of a law placed in the Ninth Schedule cannot be examined by any court and no judgement can be made on it.
Which of the statements given above is/are correct?

[2018]

Solution:

• First statement is correct. the 1st Amendment to the constitution (1951) had inserted new Articles 31A and 31B and the Ninth Schedule, thus securing the constitutional validity of zamindari abolition laws by, among other things, specifying that they could not be challenged on the grounds that they violated the Fundamental Rights. Subsequent governments have added other progressive laws in the same, to give them immunity from litigation. Government add the acts in the 9th schedule, 'via parliament' so first statement is right.
• In I.R. Coelho case(2007), the Supreme Court ruled that there could not be any blanket immunity from judicial review of laws included in the Ninth Schedule. So statement#2 is WRONG

QUESTION: 12

Consider the following statements:
With reference to the Constitution of India, the Directive 
Principles of State Policy constitute limitations upon
1. legislative function.
2. executive function.
Which of the above statements is/are correct?

[2017]

Solution:

The phrase 'Directive Principles of State Policy' denotes the ideals that the State should keep in mind while formulating policies and enacting laws. These are the constitutional instructions or recommendations to the State in legislative, executive and administrative matters. Noted constitutional author Granville Austin considers DPSP as "positive obligations" of the state. Since both the statements are wrong, answer is (d).

QUESTION: 13

Which principle among the 'following was added to the Directive Principles of State Policy by the 42nd Amendment to the Constitution?

[2017]

Solution:

The 42nd Amendment Act of 1976 added four new Directive Principles to the original list. They require the State:
1. To secure opportunities for healthy development of children (Article 39).
2. To promote equal justice and to provide free legal aid to the poor (Article 39 A).
3. To take steps to secure the participation of workers in the management of industries (Article 43 A).
4. To protect and improve the environment and to safeguard forests and wild life (Article 48 A).

QUESTION: 14

In the context of India, which one of the following is the correct relationship between Rights and Duties?

[2017]

Solution:

Rights and duties are correlative and inseparable, hence A is the answer.

QUESTION: 15

Which of the following statements is/are true of the Fundamental Duties of an Indian citizen?
1. A legislative process has been provided to enforce these duties.
2. They are correlative to legal duties.
Select the correct answer using the code given below:

[2017]

Solution:

Statement 1 : While FDs can be enforced by legislative processes (for e.g. Environment Protection Act that helps enforce the individual duty of environment protection), the constitution explicitly does not enforce them via legal provisions or does not explicitly mention in Part IVA that there are legislative processes to enforce them. However, since the Parliament has enforced most fundamental duties already via a legislative process, we will consider this statement 1 as correct.
Statement 2: It is not clear what UPSC means by 'legal duties', but for all practical purposes it can be considered as 'law of the land'. FDs are in sync with legal duties because what is illegal cannot be a fundamental duty, and what is a fundamental duty has also been made a legal duty (e.g. respecting women). Also it is an Indian citizen's fundamental duty to abide by the constitutional laws (legal duties); this brings the correlation. Statement 2 is thus correct.

QUESTION: 16

Which one of the following statements is correct?

[2017]

Solution:

• Through these rights, people make demands upon the state. So, "C" is most fitting answer.

QUESTION: 17

Which of the following are envisaged by the Right against Exploitation in the Constitution of India?
1. Prohibition of traffic in human beings and forced labour
2. Abolition of untouchability
3. Protection of the interests of minorities
4. Prohibition of employment of children in factories and mines
Select the correct answer using the code given below:

[2017]

Solution:

Prof.DD Basu classifies fundamental right in following manner:

QUESTION: 18

The mind of the makers of the Constitution of India is reflected in which of the following?

[2017]

Solution:

Sir Alladi Krishnaswami Iyer, a member of the Constituent Assembly, had said  'The Preamble to our Constitution expresses what we had thought or dreamt so long." So "A" is the answer.

QUESTION: 19

Which one of the following objectives is not embodied in the Preamble to the Constitution of India?

[2017]

Solution:

Read the preamble given in any school textbook: "We, th e people of In di a,.. ..LI BERT Y of th ough t, expression, belief, faith and worship…"So, "B" is the answer.

QUESTION: 20

The Parliament of India acquires the power to legislate on any item in the State List in the national interest if a resolution to that effect is passed by the

[2016]

Solution:

If the Rajya Sabha declares that it is necessary in the national interest that Parliament should make laws on a matter in the State List, then the Parliament becomes competent to make laws on that matter. Such a resolution must be passed by the Rajya Sabha by a majority of not less than two-third of its members present and voting.