Previous Year Papers - Indian Polity - 2 - BPSC (Bihar) MCQ

Explanation:

• Adoption of Directive Principles: The Indian Constitution has adopted the concept of "Directive Principles of State Policy" from the Constitution of Ireland.


• Directive Principles: These principles are guidelines for the state to establish a social order that promotes the welfare of the people.


• Role of Directive Principles: While not enforceable by courts, they are fundamental in governance and provide a framework for the government to frame laws and policies.


• Significance: Directive Principles aim to create a just society by ensuring social, economic, and political justice for all citizens.


• Influence of Irish Constitution: The Indian Constitution borrowed the idea of Directive Principles to ensure that the state works towards the welfare of its citizens.

• 42nd Amendment: The Preamble of the Indian Constitution was amended for the first time by the 42nd Amendment.


• Significance: The 42nd Amendment was passed in 1976 during the period of Emergency in India.


• Changes: The 42nd Amendment made several changes to the Preamble, including the addition of the words "Socialist", "Secular", and "Integrity".


• Controversy: The 42nd Amendment is considered controversial by some as it was passed during a period of political turmoil and has been criticized for its impact on the democratic principles of the Indian Constitution.


• Impact: The 42nd Amendment significantly altered the original Preamble of the Indian Constitution and remains a subject of debate among legal scholars and political commentators.

• Constitutional Description: The Constitution of India describes India as a "Union of States".


• Federation of States: While India is often referred to as a federation of states, the Constitution specifically uses the term "Union of States" to emphasize the unity of the country.


• Unity in Diversity: The term "Union of States" highlights the diverse nature of India, with different states coming together to form a unified nation.


• Legal Framework: This description reflects the legal and constitutional framework of India, where the states have their own powers and responsibilities, but are ultimately part of a larger union governed by the central government.


• Constitutional Structure: The Constitution of India lays down the distribution of powers between the central government and the state governments, outlining the relationship between them within the framework of a "Union of States".

• Definition: Rule of law is the principle that all individuals and institutions are subject to and accountable under the law.


• Key Features of Democracy:
  
  
  
  • Democracy is a form of government where power rests with the people through elected representatives.
  
  
  • It is characterized by free and fair elections, respect for human rights, and the rule of law.
  
  
  
  


• Application of Rule of Law in Democracy:
  
  
  
  • The government and its officials are bound by the law and are accountable for their actions.
  
  
  • Individual rights and freedoms are protected by the legal system.
  
  
  • Access to justice is ensured for all citizens.
  
  
  
  


• Contrast with Other Forms of Government:
  
  
  
  • In a dictatorship, the ruler holds absolute power and can override the law at will, leading to the absence of the rule of law.
  
  
  • In an aristocracy, power is concentrated in the hands of a few elite families, which may lead to unequal application of the law.
  
  
  • In an oligarchy, a small group of wealthy individuals or corporations control the government, potentially undermining the rule of law.
  
  
  
  

The correct option is B.
Popular veto is a form of direct democracy, where voters also participate in legislation through a petition. This system is found in Switzerland.

Classification of Governments as Unitary and Federal

• Relationship between the centre and states: The basis of classification of governments as unitary and federal lies in the distribution of powers between the central government and the state governments. In a unitary system, all powers are concentrated in the central government, while in a federal system, powers are divided between the central government and the state governments.

Part IV of the Constitution deals with the Directive Principles of State Policy. The purpose of Directive Principles of State Policy is to lay down positive instructions which would guide State Policy at all levels. The Directive Principles  are covered from Article 36 to Article 51 in the Constitution. The provisions contained in this Directive Principles cannot be enforced by any court, but these principles are fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.

The Eight Schedule initially had 14 languages that were recognised by the Constitution of India. Subsequently, Sindhi was added in 1967, Konkani, Manipuri and Nepali were added in 1992 and Bodo, Dogri, Maithili and Santhali were added in 2003.

There are three types of emergencies: national emergency, state emergency and financial emergency. State emergency is often referred to as President’s Rule. State emergency is declared under Article 356, in the event when the state government collapses and the constitutional machinery fails in a particular state. It can be imposed for a period of six months and can last only for three years with parliamentary consent required every six months. The Governor, the President’s representative in the state, governs the state under emergency in the name of the President.

• Method of Impeachment: The method of impeachment of the President of India is adopted from the United States of America.


• Similarity with USA: In both the USA and India, the process of impeachment of the President involves charges being brought against the President for alleged misconduct.


• Procedure: In India, the impeachment process can be initiated in either house of Parliament and requires a special majority for passing the impeachment resolution.


• Grounds for Impeachment: The grounds for impeachment in India are similar to those in the USA, including violation of the Constitution, gross misconduct, etc.


• Adoption from USA: The framers of the Indian Constitution drew inspiration from various countries, including the USA, when designing the impeachment process for the President.

• Article 17 of the Indian Constitution abolishes 'Untouchability'.


• Untouchability was a practice that considered certain individuals as impure and placed them in a lower social status.


• Article 17 declares that untouchability is abolished and its practice in any form is prohibited.


• This article is a significant step towards eliminating discrimination based on caste and promoting equality among all individuals.

Part of the Indian Constitution dealing with Fundamental Rights:

• Part III: The Fundamental Rights are enshrined in Part III of the Indian Constitution.

Explanation:

• Significance of Part III: Part III of the Indian Constitution guarantees certain basic rights to all citizens of India, which are essential for their overall development and well-being.



• Protection of Rights: These Fundamental Rights protect individuals from any arbitrary action by the state and ensure equality, freedom, and dignity for all citizens.



• Enforceable Rights: The Fundamental Rights are enforceable in a court of law, and any violation of these rights can be challenged by citizens through the judicial system.



• Amendability: While most parts of the Constitution can be amended by a special majority of the Parliament, the Fundamental Rights are considered as basic human rights and are protected from any arbitrary changes.



• Scope of Fundamental Rights: The Fundamental Rights include the right to equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights, and right to constitutional remedies.

The correct option is D.
The code was drafted on the recommendations of the first law commission of India established in 1834 under the Charter Act of 1833 under the Chairmanship of Lord Thomas Babington Macaulay. It came into force in British India during the early British Raj period in 1862.

Article 370 acknowledges the special status of the state of Jammu and Kashmir in terms of autonomy and its ability to formulate laws for the state's permanent residents. In the 1954 Presidential order, among other things, the Fundamental Rights in the Indian Constitution were made applicable to Kashmir with exceptions.

They are the lists official languages recognised by the Constitution. The Eighth Schedule to the Indian Constitution contains a list of 22 scheduled languages viz. Assamese, Bengali, Gujarati, Hindi, Kannada, Kashmiri, Malayalam, Marathi, Odia, Punjabi, Sanskrit, Tamil, Telugu, Urdu, Sindhi (added by 21st Amendment Act, 1967), Konkani, Manipuri, Nepali (added by 71st Amendment Act, 1992), Bodo, Dogri, Maithili, Santal (added by 92nd Amendment 2003).

Right to equality is an important right provided for in Articles 14, 15, 16, 17 and 18 of the constitution. Article 17 of the constitution abolishes the practice of untouchability. Article 18 of the constitution prohibits the State from conferring any titles.

• Article 51A of the Indian Constitution includes the Fundamental Duties of the Indian citizens.


• These duties were added to the Constitution by the 42nd Amendment Act in 1976, on the recommendations of the Swaran Singh Committee.


• There are a total of eleven Fundamental Duties listed in Article 51A, ranging from respecting the Constitution and national flag to promoting harmony and the spirit of common brotherhood among all the people of India.


• The Fundamental Duties are considered essential for the upholding of the unity and integrity of the nation.


• While the Fundamental Rights in the Constitution protect the rights of individuals, the Fundamental Duties emphasize the responsibilities and obligations of citizens towards the nation.

(1) Parliament has exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or State List.

(2) Such power shall include the power of making any law imposing a tax not mentioned in either of those Lists.
 

• Schedules: The Constitution of India contains a total of 12 schedules.


• Purpose: These schedules contain lists of important details, such as the allocation of seats in the Rajya Sabha, the Union and State lists, the forms of oaths, and so on.


• Amendment: The schedules can be amended by Parliament through the amendment process specified in the Constitution.


• Significance: The schedules provide additional information and details that are necessary for the functioning of the Indian government and its institutions.


• Importance: Understanding the schedules is crucial for a comprehensive understanding of the Constitution of India and its provisions.

Article 1 in the Constitution states that India, that is Bharat, shall be a Union of States.

The territory of India shall consist of: The territories of the states, The Union territories and Any territory that may be acquired in future.

The correct option is C.
The article 40 of the Indian Constitution provides for the institution of Panchayati Raj. Therefore, option A) Article 40 is the right option. It is a local self-government in India. It comprises three levels.

• Preamble: The objective of 'Social Justice' is articulated in the Preamble of the Constitution of India. The Preamble of the Indian Constitution lays down the ideals and objectives of the Constitution, including securing social justice for all citizens.


• Article 14: Article 14 of the Indian Constitution guarantees equality before law and equal protection of laws to all individuals, which is a crucial aspect of social justice.


• Article 15: Article 15 prohibits discrimination on grounds of religion, race, caste, sex, or place of birth, promoting social justice by ensuring equal opportunities for all citizens.


• Article 16: Article 16 ensures equality of opportunity in matters of public employment, furthering the objective of social justice by providing fair access to employment opportunities.

The correct option is C.
Article 15 states that the state shall not discriminate against any citizen on grounds only of race, religion, caste, sex, and place of birth.

A is the correct option.six freedoms
The Constitution of India provides the right of freedom, given in article 19 with the view of guaranteeing individual rights that were considered vital by the framers of the constitution. The right to freedom in Article 19 guarantees the freedom of speech and expression, as one of its six freedoms.
 

• Education belongs to the Concurrent List: This means that both the Central and State governments have the power to make laws on education.


• Concurrent List: The Concurrent List is a list of subjects in the Seventh Schedule of the Indian Constitution on which both the Central and State governments can legislate. Education is one of the subjects included in this list.


• Union List: The Union List includes subjects on which only the Central government can make laws.


• State List: The State List includes subjects on which only the State government can make laws.


• Residuary Subjects: These are subjects that are not explicitly mentioned in any of the three lists (Union List, State List, Concurrent List). The power to make laws on residuary subjects lies with the Parliament.

Therefore, since education is included in the Concurrent List, both the Central and State governments have the authority to make laws related to education in India.

• Indian Parliament's power: The Indian Parliament has the authority to rename or redefine the boundary of a State.


• Voting requirements: The process requires a majority vote by the members of Parliament.


• Options: The options provided are different types of majority votes that can be used for this purpose.

• Simple majority: A simple majority refers to more than half of the total votes cast. In this case, a simple majority vote is needed for the Indian Parliament to rename or redefine the boundary of a State.


• Absolute majority: An absolute majority refers to more than half of the total number of members. This type of majority is not required in this case.


• 2/3rd majority of the members voting: This would mean that at least two-thirds of the members present and voting need to vote in favor of renaming or redefining the boundary of a State.


• 2/3rd majority of the members voting and an absolute majority of its total membership: This option combines the 2/3rd majority of the members voting with an absolute majority of the total membership, making it a more stringent requirement than the others.


• Correct Answer: The correct answer in this case is option A, which requires a simple majority for the Indian Parliament to rename or redefine the boundary of a State.

• Also known as President's Rule: Article 356 provides for the imposition of President's Rule in a State in case of failure of the Constitutional machinery.


• Grounds for Imposition: President's Rule can be imposed when the President receives a report from the Governor of the State or otherwise is satisfied that a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of the Constitution.


• Effect of Imposition: Once President's Rule is imposed, the President can take over the functions of the State government and the Governor acts as the representative of the President in the State.


• Duration: President's Rule initially lasts for six months but can be extended for a maximum period of three years with the approval of Parliament.


• Impact on State Assembly: During President's Rule, the State Assembly is either dissolved or kept in suspended animation, and the Parliament makes laws on the subjects under the State List.

B is the correct option.Only 14 percent of countries provide less than 12 weeks of Maternity leave. In India, Article 42 of Indian Constitution contains the directive that the State shall make provision for securing just and humane conditions of work and maternity benefits.

Urdu is official language of various states but has a shared status with other languages eg. Uttar Pradesh has Hindi and urdu as official language.