Constitution & Political System - Solved Questions (2024-2018) | UPSC Topic Wise Previous Year Questions PDF Download

Ans: (c)

• The due process of law doctrine examines not only whether a law exists to deprive a person of his or her life and personal liberty, but also whether the legislation is fair, just, and not arbitrary. 
• Due process of law is a constitutional guarantee that prevents governments from impacting citizens in an abusive way. In its modern form, due process includes both procedural standards that courts must uphold in order to protect peoples’ personal liberty and a range of liberty interests that statutes and regulations must not infringe. 
• It traces its origins to Chapter 39 of King John’s Magna Carta, which provides that no freeman will be seized, dispossessed of his property, or harmed except “by the law of the land,” an expression that referred to customary practices of the court. The phrase “due process of law” first appeared as a substitute for Magna Carta’s “the law of the land” in a 1354 statute of King Edward III that restated Magna Carta’s guarantee of the liberty of the subject. 

Hence, option (c) is correct.

Ans: (c)

• The chief purpose of a constitution is to establish the fundamental principles, structure, and functions of a government and to define the rights and freedoms of individuals within a country. Constitutions serve as the supreme law of the land and provide a framework for governance, ensuring the balance of power, protecting individual rights, and guiding the functioning of the state.

Hence, option (c) is correct.

Ans: (a)
1st Constitutional Amendment Act, 1951:

• Issues involved in the cases included freedom of speech, acquisition of the Zamindari land, State monopoly of trade, etc.
• Added three more grounds of restrictions on freedom of speech and expression: public order, friendly relations with foreign states and incitement to an offense. Also, it made the restrictions ‘reasonable’ and thus, justiciable in nature.

Hence, option (a) is correct.

Ans: (a)

• National Commission for Backward Classes (NCBC) was initially constituted by the Central Govt by the National Commission for Backward Classes Act, 1993 and so far the Commission had been reconstituted 7 times up to 2016. The National Commission for Backward Classes Act, 1993 has been repealed through the National Commission for Backward Classes (Repeal) Act, 2018. The Commission has been accorded Constitutional Status and constituted through “The Constitution (One Hundred and Second Amendment) Act, 2018” Act.
• The National Human Rights Commission (NHRC) of India was established on 12 October, 1993. The statute under which it is established is the Protection of Human Rights Act (PHRA), 1993 as amended by the Protection of Human Rights (Amendment) Act, 2006.
• The National Consumer Disputes Redressal Commission (NCDRC), is a quasi- judicial commission in India which was set up in 1988 under the Consumer Protection Act of 1986.
• Law Commission of India is a non-statutory body and is constituted by a notification of the Government of India, Ministry of Law & Justice, Department of Legal Affairs with a definite terms of reference to carry out research in the field of law and the Commission makes recommendations to the Government (in the form of Reports) as per its terms of reference.

Hence, option (a) is correct.

Ans: (a)

• Finance Bill is a Money Bill as defined under article 110(a) of the constitution.It is introduced as a part of Annual Financial Statement(Budget) under article 112.
• The Rajya Sabha has limited powers regarding the Money Bill. It cannot reject or amend the money bill after it is passed by the Lok Sabha and transmitted to the Rajya Sabha. It has to return the bill within 14 days with or without recommendations. It is at the discretion of Lok Sabha to accept or reject any or all of the recommendations made by the Rajya Sabha. Hence, statement 2 is correct.
• Finance bill, being subjected to all the conditions of Money bill, Rajya Sabha can only make recommendations on a finance bill. Rajya Sabha can not amend or reject finance bill(as also the case for Money bill). Hence, statement 1 is not correct.
• The provision of joint sitting is applicable to ordinary bills or financial bills only and not to money bills(including Finance bills) or Constitutional amendment bills. Hence, statement 3 is not correct.

Ans: (c)

• In the past seven decades of constitutional jurisprudence on reservations, the Supreme Court of India has consistently referred to the notions of “efficiency” and “merit,” while adjudicating the validity of various reservation policies.
• The Court has held in several judgments (Indra Sawhney and others v Union of India and Others 1993; M Nagaraj and Others v Union of India and Others 2006) that the reservation policies made under Article 16(4)1 of the Constitution would be limited by Article 335 (2) which provides for “maintenance of efficiency of administration,”. Hence, statement 1 is correct.
• This was done while the Constitution does not define the term “efficiency of administration.” Hence, statement 2 is not correct. While considering the claims of the Scheduled Castes (SCs) and the Scheduled Tribes (STs) in the making of appointments to public services and posts. This was done while the Constitution does not define the term “efficiency of administration.” Hence, option (c) is correct.

Ans: (b)
For the horizontal tax devolution, the Fifteenth Finance Commission used the following as criteria:

• Population Area
• Forest & ecology Income Distance Tax & fiscal efforts
• Demographic performance 

Hence, the correct answer is b.

Ans: (d)
The standard sizes of national flag shall be as follows:

• Hence, statement 1 is incorrect.
• The National Flag shall be rectangular in shape. The ratio of the length to the height (width) of the flag shall be 3 : 2. Hence, statement 2 is correct.

Ans: (c)

• It is celebrated on 26th November every year. It is also known as National Law Day. On this day in 1949, the Constituent Assembly of India formally adopted the Constitution of India that came into force on 26th January 1950. Hence, statement 1 is correct.
• On 29 August, 1947, the Constituent Assembly set up a Drafting Committee under the Chairmanship of Dr. B.R. Ambedkar to prepare a Draft Constitution for India. Hence, statement 2 is incorrect.
• On 13 December 1946, the Constituent Assembly formally commenced its task of framing the Constitution of India. Jawaharlal Nehru moved the Objectives Resolution, which aimed to declare India as an Independent Sovereign Republic and create a Constitution to govern its future. The Resolution established general principles to guide the work of the Constituent Assembly. On January 22, 1947, the Constituent Assembly adopted the Resolution.

Ans: (a)

• The President is elected not directly by the people but by members of electoral college consisting of: 1. the elected members of both the Houses of Parliament; 2. the elected members of the legislative assemblies of the states; and 3. the elected members of the legislative assemblies of the Union Territories of Delhi and Puducherry1. Thus, the nominated members of both of Houses of Parliament, the nominated members of the state legislative assemblies, the members (both elected and nominated) of the state legislative councils (in case of the bicameral legislature) and the nominated members of the Legislative Assemblies of Delhi and Puducherry do not participate in the election of the President. Hence, statement 1 is not correct.
• Is the value of vote of each elector the same?
  • Answer: No. The value of votes of MLAs would differ from State to State as the value of each such vote is calculated by the process explained below. However, the value of votes of all MPs is the same. Statements 2 and 3 are not correct.
• Ratio of total population to total number of elective seats in Puducherry = 471707/30 =
• 15,723.56.
• Ratio of total population to total number of elective seats in Arunachal Pradesh = 467511/60 = 7,791.85.

The value of vote of each MLA of Puducherry is higher than that of Arunachal Pradesh because the ratio of total population to total number of elective seats in Puducherry is greater as compared to Arunachal Pradesh. Hence, statement 4 is correct.

Ans: (a)
Land Governance under the fifth Schedule area: Governor can make regulations with regard to the:

• Prohibition and restriction of transfer of land from and between Scheduled Tribes – almost every State in the country, and certainly all States with Scheduled Areas, have enacted legislations relating to prevention/prohibition of land transfer in Scheduled Areas by tribals to non- tribals, and in some cases, even the transfer of land between tribals inter-se is restricted. Hence, option (a) is correct.
• Regulation of allotment of land to tribals in Scheduled Areas. 
• Regulation of moneylending in Scheduled Areas to tribals.

Ans: (b)

• The Constitution Amendment Bill can be reinstated by a minister or a private member and for this the prior approval of the President is not necessary. Hence, statement 1 is not correct.
• The President is bound to assent to the bill. They can neither keep the bill with themselves nor send it to the Parliament for reconsideration. Hence statement 2 is correct.
• It is mandatory to pass the Constitution Amendment Bill separately in each house. In case of disagreement between the two houses, there is no provision to pass the bill in the joint sitting of both the houses. Hence, statement 3 is correct.

Ans: (b)

• There are three categories of ministers in the Council of Ministers - Cabinet Ministers, Ministers of State, Deputy Ministers. The difference between them is- their hierarchy, their salary and political importance. Hence statement 1 is not correct.
• The total number of members of the Council of Ministers, including the Prime Minister, shall not exceed 15 percent of the total strength of the Lok Sabha. This provision has been included by the 91st Constitutional Amendment Bill, 2003. Hence statement 2 is correct.

Ans: (b)

• It is the exclusive power of the Lok Sabha to pass a no-confidence motion against the Council of Ministers. When the Lok Sabha passes a no-confidence motion against the Council of Ministers, all the ministers, including the ministers of the Rajya Sabha, have to resign. Hence, statement 2 is correct.
• The resolution of the proclamation of emergency will be required to be passed by a majority of the total number of members of each House of Parliament and 2/3 majority of the members present and voting. A Declaration of National Emergency is placed before each House of Parliament and if it is not approved within a month, it does not remain in force, but once approved, it can remain in operation for six months. As a result, the Proclamation of Emergency is ratified by both the Lok Sabha and the Rajya Sabha. It is not the exclusive power of the Lok Sabha. Hence, statement 1 is not correct.
• The impeachment motion of the President should be passed by a special majority (two- thirds) in the original house. The motion is then sent to the other house for consideration. The second house acts as an inspector. A Select Committee has been constituted to investigate the allegations against the President. Impeachment of the President of India comes under both Lok Sabha and Rajya Sabha. It is not the exclusive power of Lok Sabha. Hence, statement 3 is not correct.

Ans: (b)

• A public representative can be disqualified under the Anti-Defection Act if:
  • An elected member voluntarily gives up the membership of a political party. An independent elected member joins a political party.
  • A member votes against the party in the House. 
  • A member abstains from voting.
  • After the expiry of six months, a nominated member joins a political party.
• Therefore, any nominated MLA can join any political party within six months of being appointed to the House but not after six months. Hence statement 1 is not correct. As per the law, the Speaker of the House has the power to decide the disqualification of the members.
• If any complaint is received regarding the party of the Speaker of the House, any other member elected by the House has the right to take a decision in this regard. Therefore, this law does not prescribe any time period within which the presiding officer has to decide the defection case. Hence statement 2 is correct.

Ans: (d)

• According to the Constitution, only the Attorney General can take part in the proceedings of both the Houses of Parliament or their joint sitting and any committee of the Parliament of which s/he may be named a member, but without a right to vote. In addition to the AG, there are other law officers of the Government of India. They are the solicitor general of India and additional solicitor general of India. They assist the Attorney General in carrying out official duties. The Constitution does not mention the solicitor general and additional solicitor general. Hence statement 1 not correct.
• The procedure and grounds for removal of the Attorney General are not mentioned in the Constitution. He holds office during the pleasure of the President (may be removed by the President at any time). Therefore, the Attorney General of India does not resign on the resignation of the government. Hence statement 2 is not correct.

Ans: (c)

• Mandamus is issued to direct a public authority to do its duty. Mandamus is a judicial remedy in the form of an order from a court. It cannot be issued to compel an authority to do something against a statutory provision. Therefore, no mandate will be issued against any private organisation unless it has been entrusted with any public work. Hence option 1 is correct.
• Mandamus is issued by the court to a public official asking him to perform his official duties that he has failed or refused to perform. It can also be issued against any public body, a corporation, an inferior court, a tribunal or government for the same purpose. Hence, statement 2 is not correct.
• The Supreme Court or High Court issues this writ to prevent illegal usurpation of public office by any person. Through this writ, the court examines the validity of a person's claim to public office. This writ empowers any person other than the aggrieved person to seek redress. Therefore, any public-prone person can be a petitioner to move the court to obtain a writ of right. Hence option 3 is correct.

Ans: (a)

• According to the rules of procedure and conduct of business in the Lok Sabha, “The election of the Deputy Speaker shall be held on such date as may be decided by the Speaker. As per convention, the post of Deputy Speaker is given to the opposition party in India. Hence, option 1 is correct.
• Till the 10th Lok Sabha, both the Speaker and the Deputy Speaker were usually elected from the ruling party. Since the 11th Lok Sabha, it has been a general consensus that the post of Speaker is given to the ruling party/coalition and the post of Deputy Speaker is given to the main opposition party. Hence option 2 is correct.
• He is the final interpreter of the provisions of the Constitution of India, the rules of procedure and conduct of business of the Lok Sabha and parliamentary matters inside the House. In matters of interpretation of these provisions, it often gives decisions which are respected by the members and which are binding in nature. That is, his decision is final. Article 95 provides for the power of the Vice-Chairman or other person to perform the duties of the office of the Speaker or to act as the Speaker. Therefore, while presiding over the sitting of the House by the Deputy Speaker, his power is exactly the same as that of the Speaker of the Lok Sabha and no appeal can lie against his decisions. Hence option 3 is correct.
• The Deputy Speaker is elected by the Lok Sabha from among its members. After the election of the Speaker, the Deputy Speaker is also elected. Hence option 4 is not correct.

Correct Answer is Option (b)

• The provision of Parole is a privilege/concession but not a right of any convicted prisoner. Hence, statement 1 is incorrect.
• States do have separate prison/parole rules because “prison and persons detained” is a state subject of the 7th schedule. So, statement 2 is correct.
• And, Option (b) is correct.

Correct Answer is Option (a)

Key features of federalism:

• There are two or more levels (or tiers) of government.
• Different tiers of government govern the same citizens, but each tier has its own jurisdiction in specific matters of legislation, taxation and administration.
• The jurisdictions of the respective levels or tiers of government are specified in the constitution. So the existence and authority of each tier of government is constitutionally guaranteed.
• The fundamental provisions of the constitution cannot be unilaterally changed by one level of government. Such changes require the consent of both the levels of government.
• Courts have the power to interpret the constitution and the powers of different levels of government.
• The highest court acts as an umpire if disputes arise between different levels of government in the exercise of their respective powers. The most important feature of the federal system adopted by the Indian Constitution is the principle that relations between the States and the centre would be based on cooperation. And for this, Independent Judiciary is the prerequisite. Hence, Option (a) is correct.
• Sources of revenue for each level of government are clearly specified to ensure its financial Autonomy.

Correct Answer is Option (a)

• In political science, the term “State” has a more specific and definite meaning- “word State means a community or society politically organized under one independent government within a definite territory.
• It alone has the prerogative of making laws. The lawmaking power derives from sovereignty, which is the most distinctive characteristic of the State.

Correct Answer is Option (a)

The Citizenship Act offers other categories of citizenship like Citizenship by Registration (Section 5) and Citizenship by Naturalisation (Section 6). These are basically for foreigners who wish to settle in India and seek Indian citizenship or persons of Indian origin living abroad who want to return to India and live as citizens in this country. It says that if the registration or certificate of naturalization was obtained by “means of fraud, false representation or the concealment of a material fact; or that citizen has shown himself by act or speech to be disloyal or disaffected towards the Constitution of India as bylaw established; or that citizen has, during any war in which India may be engaged, unlawfully traded or communicated with an enemy; or that citizen has been ordinarily resident out of India for a continuous period of seven years”, that person’s citizenship can be cancelled.

Correct Answer is Option (d)

In the liberal approach which is inherent in democracy, all forms of power are rooted in the will of the people. This approach enhances the rule of law as one of the basic foundations of democracy; it affirms the separation of powers as a vehicle for their restraint, and it promotes individuals’ rights and freedoms as a prerequisite for their dignity.

Correct Answer is Option (b)

PART IV (DIRECTIVE PRINCIPLES OF STATE POLICY)- Article 39- says that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment.

Correct Answer is Option (b)

• The Forty Fourth Constitutional Amendment, 1978, deleted Articles 19(1)(f) and 31 from Part III, the chapter on Fundamental Rights in the Constitution. Instead, it inserted Article 300A in a new chapter IV of Part XII of the Constitution, thereby depriving the ‘right to property’ of its ‘fundamental right’  status. Article 300A directs that - Persons not to be deprived of property save by authority of law.—No person shall be deprived of his property save by authority of law.

Correct Answer is Option (b)

• Article 75: The ministers are collectively responsible to the Parliament in general and to the Lok Sabha in particular. The principle of collective responsibility implies that the Lok Sabha can remove the ministry (i.e., council of ministers headed by the prime minister) from office by passing a vote of no confidence.
• So, b is the right choice.

Correct Answer is Option (a)

Directive principles of state policy are given in the Part IV of the Indian Constitution (Article 36→51). Within that, Article 38 mentioned about State to secure a social order for the promotion of welfare of the people.

Correct Answer is Option (b)

• Constitution of India does not define the term ‘basic structure’. It is a judicial tool that was invented by the Supreme Court of India in the Keshavananda Bharti vs State of Kerala (1973) landmark judgment.
• Even though, the Supreme Court invented the concept of Basic Structure in the aforementioned judgment, it did not define the same. However, it is only in the later judgments that the court has added various elements to the list of the basic structure of the Constitution.
• So, 1st statement is incorrect.
• Article 13 of the Indian Constitution deals with the ‘CONCEPT’ of Judicial Review however, it does not explicitly mentions the term judicial review. But assuming that question is asking in general sense, the answer should be “b”: Only 2nd statement correct.

Correct Answer is Option (a)

Stateless Society: A society which lacks formal institutions of government.

Gandhiji is a philosophical anarchist. Anarchist is one who is opposed to every type of state; Gandhian Ramrajya is that it is a self-regulating system where everyone is one’s

own ruler.
Marxism revolves a classless society and stateless society. Karl Marx had predicted that the proletariats will take control of the state and production, the, destroy all class

differences and class antagonisms, and finally resulting in the ‘withering Away of the State’. Thus, the end result will be a stateless society.

Thus, we can inform that both Gandhi & Marx aimed for Stateless society.

Correct Answer is Option (d)

A.K. Gopalan vs State of Madras (1950): Supreme Court ruled that Preamble is not enforceable in a court of law.

Berubari Vs Union (1960): Supreme Court ruled that Preamble is not a part of the Indian Constitution however, it helps in interpretation of the clauses of the Constitution. Keshavananda Bharti vs State of Kerala (1973)→ Supreme Court ruled that the Preamble is a part of the Indian Constitution.

The combined effect of the 3 judgments has been that even though the Preamble is a part of the Constitution, but it is not enforceable in a court of law. However, the Preamble helps in ascertaining the vision of the Constitution and hence, independently, it is non-justiciable.

Correct Answer is Option (d)

Part-IV of the Indian Constitution deals with the Directive Principles of the State Policy (Article 36 to Article 51)
Article 37: Provisions of Part-IV shall not be enforceable by any court (Hence, 2nd statement is correct)
Article 37 of the Indian Constitution also states that it shall be the duty of the state to apply these principles in making laws as they are fundamental in the governance of the country. So, #3 is correct. So, by elimination, the answer is d.

Correct Answer is Option (d)

Preamble to the Universal Declaration of Human Rights mentions about dignity of an individual. Preamble of Indian Constitution speaks about “EQUALITY of status and of opportunity; assuring the dignity of the individual and the unity and integrity” So #1 is correct.

Article 23 of the Universal Declaration of Human Rights mentions about the Right to Work. Similar concept in Article 41 of the Indian Constitution, under the head of DPSPs. Article 29 of the Universal Declaration of Human Rights mentions about duties. A similar concept that was inserted in the Indian Constitution by the 42nd Constitutional Amendment Act, 1976 under Part IV-A of the Constitution (Article 51A).

Correct Answer is Option (b)

"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. Answer B: only 2.

Correct Answer is Option (c)

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.

Correct Answer is Option (b)

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.

Correct Answer is Option (b)

• 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.

Correct Answer is Option (c)

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.

Correct Answer is Option (d)

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.

Correct Answer is Option (a)

• 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

Correct Answer is Option (b)

Residuary powers were in the hands of Governor General.

Correct Answer is Option (b)

• 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.

Correct Answer is Option (c)

• 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)

Correct Answer is Option (c)

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.