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Answer: B
Explanation:
Article 34 deals with Restriction on fundamental rights while martial law is in force in any area It states that
Notwithstanding anything in the foregoing provisions of this Part, Parliament (Not president)may by law
indemnify any person in the service of the Union or of a State or any other person in respect of any act done
by him in connection with the maintenance or restoration of order in any area within the territory of India
where martial law was in force or validate any sentence passed, punishment inflicted, forfeiture ordered or
other act done under martial law in such area. Hence statement 1 is incorrect.
2. Which of the following is/are the features of Fundamental Rights guaranteed by the Indian
Constitution?
1. They are absolute and sacrosanct.
2. They are available against the arbitrary action of state only.
3. They are enforceable in the High Courts and the Supreme Court.
Select the correct answer using the code given below.
A. 3 only
B. 1 and 3 only
C. 1 and 2 only
D. 2 and 3 only
Answer: A
Explanation:
The Fundamental Rights are enshrined in Part III of the Constitution from Articles 12 to 35. Part III of the
Constitution is rightly described as the Magna Carta of India. The Fundamental Rights are meant for
promoting the ideal of political democracy.
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Answer: C
Explanation:
The 42nd Amendment Act of 1976 added four new Directive Principles to the original list. They require
the State:
• To secure opportunities for healthy development of children (Article 39).
• To promote equal justice and to provide free legal aid to the poor (Article 39 A).
• To take steps to secure the participation of workers in the management of industries (Article 43 A).
• To protect and improve the environment and to safeguard forests and wild life (Article 48 A)
The 44th Amendment Act of 1978 added one more Directive Principle, which requires the State to
minimise inequalities in income, status, facilities and opportunities (Article 38).
The 86th Amendment Act of 2002 changed the subject-matter of Article 45 and made elementary
education a fundamental right under Article 21 A. The amended directive requires the State to provide early
childhood care and education for all children until they complete the age of six years.
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The 97th Amendment Act of 2011 added a new Directive Principle relating to cooperative societies. It
requires the state to promote voluntary formation, autonomous functioning, democratic control and
professional management of co-operative societies (Article 43B).
4. Consider the following statements with respect to Preamble of the Constitution of India:
1. The Preamble is based on the 'Objective Resolution' moved by Jawaharlal Nehru in the Constitution
Assembly.
2. The Preamble has been amended only twice so far.
3. In the Berubari Union case (1960), Supreme Court held that Preamble is a part of the Constitution.
Which of the statements given above is/are correct?
A. 1 only
B. 2 and 3 only
C. 1 and 3 only
D. 1, 2 and 3
Answer: A
Explanation:
The Preamble to the Indian Constitution is based on the ‘Objectives Resolution’, drafted and moved by Pandit
Nehru, and adopted by the Constituent Assembly. Hence statement 1 is correct.
The Preamble reveals four ingredients or components:
• Source of authority of the Constitution: The Preamble states that the Constitution derives its authority
from the people of India.
• Nature of Indian State: It declares India to be of a sovereign, socialist, secular democratic and
republican polity.
• Objectives of the Constitution: It specifies justice, liberty, equality and fraternity as the objectives.
• Date of adoption of the Constitution: It stipulates November 26, 1949, as the date.
In the Berubari Union case (1960), the Supreme Court said that the Preamble shows the general purposes
behind the several provisions in the Constitution, and is thus a key to the minds of the makers of the
Constitution. Despite this recognition of the significance of the Preamble, the Supreme Court
specifically opined that Preamble is not a part of the Constitution. Hence statement 3 is not correct.
In the Kesavananda Bharati case (1973), the Supreme Court rejected the earlier opinion and held
that Preamble is a part of the Constitution. The Supreme Court held that the basic elements or the
fundamental features of the Constitution as contained in the Preamble cannot be altered by an amendment
under Article 368. The Preamble has been amended only once so far, in 1976, by the 42nd Constitutional
Amendment Act, which has added three new words–Socialist, Secular and Integrity–to the Preamble. This
amendment was held to be valid. Hence statement 2 is not correct.
5. Consider the following statements regarding the scope of Right to Equality under the Indian
Constitution:
1. The principle of equality before the law is embodied in Article 14, which guarantees that all citizens will
be treated equally under the law.
2. The Reservation policy in education and employment violates the principle of equality, as it grants
preferential treatment to certain groups.
3. The Right to Equality allows for the classification of individuals based on reasonable grounds, such as
social or educational backwardness.
Which of the above statements is/are correct?
A. 1 and 3 only
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B. 2 and 3 only
C. 1 and 2 only
D. 1, 2 and 3
Answer: A
Explanation:
• Statement 1: Article 14 guarantees equality before the law and ensures that no one is discriminated
against on arbitrary grounds.
• Statement 2: The reservation policy does not violate the principle of equality but is an affirmative
action to ensure that socially and economically disadvantaged groups are given equal opportunity. Thus,
it supports equality, not violates it.
• Statement 3: Article 14 permits reasonable classification based on intelligible differentia, such as
backwardness, to ensure substantive equality.
Answer: C
Explanation:
According to Article 51A, it shall be the duty of every citizen of India:
• To abide by the Constitution and respect its ideals and institutions, the National Flag and the National
Anthem;
• To cherish and follow the noble ideals that inspired the national struggle for freedom;
• To uphold and protect the sovereignty, unity and integrity of India;
• To defend the country and render national service when called upon to do so;
• To promote harmony and the spirit of common brotherhood amongst all the people of India transcending
religious, linguistic and regional or sectional diversities and to renounce practices derogatory to the
dignity of women;
• To value and preserve the rich heritage of the country’s composite culture;
• To protect and improve the natural environment including forests, lakes, rivers and wildlife and to have
compassion for living creatures;
• To develop scientific temper, humanism and the spirit of inquiry and reform;
• To safeguard public property and to abjure violence;
• To strive towards excellence in all spheres of individual and collective activity so that the nation
constantly rises to higher levels of endeavor and achievement; and
• To provide opportunities for education to his child or ward between the age of six and fourteen years.
'To protect monuments, places and objects of artistic or historic interest which are declared to be of
national importance (Article 49) ' - is included in the Directive Principles of State Policy.
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7. Under Article 19(2) of the Indian constitution, the legislature can impose certain restrictions
on free speech in the interests of :
1. Security of the State
2. Friendly relations with foreign States
3. Contempt of court
4. Incitement to an offence
Select the correct answer code:
A. 1, 2 and 3 only
B. 1, 2 and 4 only
C. 1 and 3 only
D. 1, 2, 3 and 4
Answer: D
Explanation:
Under Indian law, the freedom of speech and of the press do not confer an absolute right to express one’s
thoughts freely. Clause (2) of Article 19 of the Indian constitution enables the legislature to impose certain
restrictions on free speech under following heads:
1. security of the State,
2. friendly relations with foreign States,
3. public order,
4. decency and morality,
5. contempt of court,
6. defamation,
7. incitement to an offence, and
8. sovereignty and integrity of India.
Hence, option (d) is the correct answer.
8. Consider the following pairs regarding the members of the first cabinet in free India (1947)
and the portfolios held by them:
Members of first cabinet Portfolios held
1. Jawahar Lal Nehru Scientific Research
2. Maulana Abul Kalam Azad Education
3. Vallabhai Patel Information & Broadcasting
Answer: D
Explanation:
First cabinet consisted of the following with portfolios as follows:
• Pandit jawahar Lal Nehru: Prime Minister, External affairs, Scientific Research and commonwealth
relations.
• Sardar Vallabhbhai Patel: Home; Information and Broadcasting; States.
• Dr Rajendra Prasad: Food and agriculture.
• Maulana Abul Kalam Azad: Education.
• Dr John Matthai: Railways and Transport.
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9. In the context of the Constitution of India, the objective of 'justice - social, economic and
political' is explicitly mentioned in
A. Preamble only
B. Directive Principles of State Policy only
C. Both Preamble and Directive Principles of State Policy
D. Neither Preamble nor Directive Principles of State Policy
Answer: C
Explanation:
The Preamble in its present form reads: “We, THE PEOPLE OF INDIA, .... to secure to all its citizens:
JUSTICE, Social, Economic and Political; LIBERTY of thought, expression, belief, faith and worship.....".
Article 38 of the Indian Constitution reads that
• The State shall strive to promote the welfare of the people by securing and protecting as effectively as
it may a social order in which justice, social, economic and political, shall inform all the institutions
of the national life
• The State shall, in particular, strive to minimize the inequalities in income, and endeavor to eliminate
inequalities in status, facilities and opportunities, not only amongst individuals but also amongst
groups of people residing in different areas or engaged in different vocations
Hence option (c) is the correct answer.
10. Which one of the following statements is correct with reference to the right to education under
the Article 21A of the Indian Constitution?
A. This provision was added by the 84th Constitutional Amendment Act of 2002
B. It declares that the State shall provide free and compulsory education to every child until he completes
the age of 14 years.
C. This provision makes only elementary education a Fundamental Right
D. It mandates 25% reservation for disadvantaged sections of the society
Answer: C
Explanation:
The 42nd Amendment Act of 1976 froze the allocation of seats in the Lok Sabha to the states and the division
of each state into territorial constituencies till the year 2000 at the 1971 level. This ban on readjustment was
extended for another 25 years (ie, upto year 2026) by the 84th Amendment Act of 2001, with the same
objective of encouraging population limiting measures. So, option (a) is not correct.
Article 45 in the Constitution of India was set up as an act: The state shall endeavour to provide, within
a period of ten years from commencement of this Constitution, for free and compulsory education for all
children until they complete the age of fourteen years. So, option (b) is not correct.
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The primary education in India is divided into two parts, namely Lower Primary (Class I-IV) and Upper
Primary (Middle school, Class V-VIII). The Indian government lays emphasis on primary education (Class I-
VIII) also referred to as elementary education, to children aged 6 to 14 years old.
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. Thus, this provision makes only elementary
education a Fundamental Right and not higher or professional education. So, option (c) is correct.
The Right of Children to Free and Compulsory Education (RTE) Act, 2009, which came into effect from April
1, 2010 mandates that all private aided, special category schools and private unaided schools to admit in class
I (or below) to the extent of at least 25% of the strength of that class, children belonging to weaker sections
and disadvantaged groups and provide free and compulsory education till its completion. So, option (d) is
not correct.
Right to Education
• 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.
• Thus, this provision makes only elementary education a Fundamental Right and not higher or
professional education.
• This provision was added by the 86th Constitutional Amendment Act of 2002. This amendment is a major
milestone in the country’s aim to achieve ‘Education for All’. The government described this step as ‘the
dawn of the second revolution in the chapter of citizens’ rights’.
• Even before this amendment, the Constitution contained a provision for free and compulsory education
for children under Article 45 in Part IV.
• However, being a directive principle, it was not enforceable by the courts. Now, there is scope for judicial
intervention in this regard.
• This amendment changed the subject matter of Article 45 in directive principles. It now reads—
• ‘The state shall endeavour to provide early childhood care and education for all children until they
complete the age of six years.’ It also added a new fundamental duty under Article 51A that reads —‘It
shall be the duty of every citizen of India to provide opportunities for education to his child or ward
between the age of six and fourteen years’.
• In 1993 itself, the Supreme Court recognised a Fundamental Right to primary education in the right to
life under Article 21. It held that every child or citizen of this country has a right to free education until
he completes the age of 14 years. Thereafter, his right to education is subject to the limits of economic
capacity and development of the state. In this judgement, the Court overruled its earlier judgement (1992)
which declared that there was a fundamental right to education up to any level including professional
education like medicine and engineering.
• In pursuance of Article 21A, the Parliament enacted the Right of Children to Free and Compulsory
Education (RTE) Act, 2009. This Act seeks to provide that every child has a right to be provided full time
elementary education of satisfactory and equitable quality in a formal school which satisfies certain
essential norms and standards. This legislation is anchored in the belief that the values of equality, social
justice and democracy and the creation of a just and humane society can be achieved only through
provision of inclusive elementary education to all.
11. Which one of the following is not a Gandhian Principle provided in the Directive Principles of
State Policy under the Constitution of India?
A. Organisation of village panchayats
B. Promotion of cottage industries
C. Uniform civil code
D. Prohibition of the slaughter of cows
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Answer: C
Explanation:
Gandhian Principles are based on Gandhian ideology. They represent the programme of reconstruction
enunciated by Gandhi during the national movement. In order to fulfil the dreams of Gandhi, some of his
ideas were included as Directive Principles. They require the State:
• To organise 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 co-operation basis in rural areas (Article 43).
• To promote voluntary formation, autonomous functioning, democratic control and professional
management of co-operative societies8a (Article43B).
• 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).
• So, option (c) is correct.
Socialistic Principles
These principles reflect the ideology of socialism. They lay down the framework of a democratic socialist
state, aim at providing social and economic justice, and set the path towards welfare state. They direct
the state:
• To promote the welfare of the people by securing a social order permeated by justice—social, economic
and political—and to minimize inequalities in income, status, facilities and opportunities4 (Article 38).
• To secure (a) the right to adequate means of livelihood for all citizens; (b)the equitable distribution of
material resources of the community for the common good; (c) prevention of concentration of wealth
and means of production; (d) equal pay for equal work for men and women; (e)preservation of the health
and strength of workers and children against forcible abuse; and (f) opportunities for healthy
development of children(Article 39).
• To promote equal justice and to provide free legal aid to the poor6 (Article39 A).
• To secure the right to work, to education and to public assistance in cases of unemployment, old age,
sickness and disablement (Article 41).
• To make provision for just and humane conditions of work and maternity relief (Article 42).
• To secure a living wage7, a decent standard of life and social and cultural opportunities for all workers
(Article 43).
• To take steps to secure the participation of workers in the management ofindustries8 (Article 43 A).
• To raise the level of nutrition and the standard of living of people and to improve public health (Article
47).
Liberal–Intellectual Principles
The principles included in this category represent the ideology of liberalism. They direct the state:
• To secure for all citizens a uniform civil code throughout the country(Article 44).
• To provide early childhood care and education for all children until they complete the age of six years9
(Article 45).
• To organise agriculture and animal husbandry on modern and scientific lines (Article 48).
• To protect and improve the environment and to safeguard forests and wildlife10 (Article 48 A).
• To protect monuments, places and objects of artistic or historic interest which are declared to be of
national importance (Article 49).
• To separate the judiciary from the executive in the public services of the State (Article 50).
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• To promote international peace and security and maintain just and honourable relations between nations;
to foster respect for international law and treaty obligations, and to encourage settlement of international
disputes by arbitration (Article 51).
12. Which among the following acts relaxed the central control over the provinces by demarcating
and separating the central and provincial subjects?
A. Indian Councils Act of 1892
B. Government of India Act 1909
C. Government of India Act 1919
D. Government of India Act 1935
Answer: C
Explanation:
Indian Councils Act of 1892made a limited and indirect provision for the use of election in filling up some of
the non-official seats both in the Central and provincial legislative councils. So, option (a) is not correct.
Government of India Act of 1909considerably increased the size of the legislative councils, both
Central and provincial. The number of members in the Central Legislative Council was raised from 16 to 60.
The number of members in the provincial legislative councils was not uniform.
It retained official majority in the Central Legislative Council but allowed the provincial legislative councils
to have non-official majority. So, option (b) is not correct.
Government of India Act of 1919relaxed the central control over the provinces by demarcating and separating
the central and provincial subjects. The central and provincial legislatures were authorised to make laws on
their respective list of subjects. However, the structure of government continued to be centralised and unitary.
So, option (c) is correct.
Government of India Act 1935abolished dyarchy in the provinces and introduced ‘provincial autonomy’ in its
place. The provinces were allowed to act as autonomous units of administration in their defined spheres.
Moreover, the Act introduced responsible governments in provinces, that is, the governor was required to act
with the advice of ministers responsible to the provincial legislature. So, option (d) is not correct.
State) and a Lower House (Legislative Assembly). The majority of members of both the Houses were
chosen by direct election.
• It required that the three of the six members of the Viceroy’s executive Council (other than the
commander-in-chief) were to be Indian.
• It extended the principle of communal representation by providing separate electorates for Sikhs, Indian
Christians, Anglo-Indians and Europeans.
• It granted franchise to a limited number of people on the basis of property, tax or education.
• It created a new office of the High Commissioner for India in London and transferred to him some of the
functions hitherto performed by the Secretary of State for India.
• It provided for the establishment of a public service commission. Hence, a Central Public Service
Commission was set up in 1926 for recruiting civil servants.
• It separated, for the first time, provincial budgets from the Central budget and authorised the provincial
legislatures to enact their budgets.
• It provided for the appointment of a statutory commission to inquire into and report on its working after
ten years of its coming into force.
Answer: C
Explanation:
It was in 1934 that the idea of a Constituent Assembly for India was put forward for the first time by M. N.
Roy, a pioneer of the communist movement in India. So, statement 1 is correct.
In 1935, the Indian National Congress (INC), for the first time, officially demanded a Constituent Assembly
to frame the Constitution of India. In 1938, Jawaharlal Nehru, on behalf the INC declared that ‘the
Constitution of free India must be framed, without outside interference, by a Constituent Assembly elected
on the basis of adult franchise’. So, statement 2 is not correct. The demand was finally accepted in principle
by the British Government in what is known as the ‘August Offer’ of 1940. In 1942, Sir Stafford Cripps, a
member of the cabinet, came to India with a draft proposal of the British Government on the framing of an
independent Constitution to be adopted after the World War II. The Cripps Proposals were rejected by the
Muslim League which wanted India to be divided into two autonomous states with two separate Constituent
Assemblies.
Finally, a Cabinet Mission was sent to India. While it rejected the idea of two Constituent Assemblies, it put
forth a scheme for the Constituent Assembly which more or less satisfied the Muslim League. So, statement
3 is correct.
14. Article 1 of the Indian constitution describes India as a ‘union of states’. What is/are the
implications of this expression?
1. Indian federation is not a result of agreement among the states.
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Answer: C
Explanation:
According to Dr B R Ambedkar, the phrase ‘Union of States’ has been preferred to ‘Federation of States’ for
two reasons: one, the Indian Federation is not the result of an agreement among the states like the American
Federation; and two, the states have no right to secede from the federation. The federation is an Union
because it is indestructible. The country is an integral whole and divided into different states only for the
convenience of administration. So, statement 1 is correct.
The Constitution authorises the Parliament to form new states or alter the areas, boundaries or names of the
existing states without their consent. In other words, the Parliament can redraw the political map of India
according to its will. Hence, the territorial integrity or continued existence of any state is not guaranteed by
the Constitution. Therefore, India is rightly described as ‘an indestructible union of destructible states’. So,
statement 2 is correct.
15. Consider the following statements with reference to the fundamental rights of the Indian
Constitution
1. A fundamental right may only be changed by amending the Constitution itself
2. Fundamental rights are not absolute rights
Which of the statements given above is/are correct?
A. 1 only
B. 2 only
C. Both 1 and 2
D. Neither 1 nor 2
Answer: C
Explanation:
The Supreme Court ruled that the power of the Parliament to amend the Constitution under
Article 368 also includes the power to amend Fundamental Rights. The Parliament can curtail or repeal them
but only by a constitutional amendment act and not by an ordinary act.
Moreover, this can be done without affecting the ‘basic structure’ of the Constitution. So, statement 1 is
correct.
Fundamental rights are not absolute but qualified. The state can impose reasonable restrictions on them.
However, whether such restrictions are reasonable or not is to be decided by the courts. Thus, they strike a
balance between the rights of the individual and those of the society as a whole, between individual liberty
and social control. So, statement 2 is correct.
16. Which of the following rights are available only to citizens of India and not to aliens?
1. Right to life and personal liberty.
2. Right to freedom speech and expression
3. Right to vote in elections
4. Right to contest elections
5. Right to equality before law
Select the correct answer using the code given below.
A. 1, 2, 3 and 4 only
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Answer: D
Explanation:
The Constitution confers the following rights and privileges on the citizens of India (and denies
the same to aliens):
• Right against discrimination on grounds of religion, race, caste, sex or place of birth (Article 15).
• Right to equality of opportunity in the matter of public employment (Article 16).
• Right to freedom of speech and expression, assembly, association, movement, residence and profession
(Article 19).
• Cultural and educational rights (Articles 29 and 30).
• Right to vote in elections to the Lok Sabha and state legislative assembly.
• Right to contest for the membership of the Parliament and the state legislature.
• Eligibility to hold certain public offices, that is, President of India, Vice- President of India, judges of the
Supreme Court and the high courts, governor of states, attorney general of India and advocate general of
states. So, option (d) is correct.
17. Consider the following statements with reference to the right to property under the Indian
Constitution
1. Right to property is part of the basic structure of the Constitution
2. Right to property is a constitutional as well as a fundamental rights
Which of the statements given above is/are correct?
A. 1 only
B. 2 only
C. Both 1 and 2
D. Neither 1 nor 2
Answer: D
Explanation:
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 in Part XII of the Constitution. So at present, there are only six
Fundamental Rights. It is not a part of the basic structure of the Constitution. So, statement 1 is not
correct.
The 44th Amendment Act (1978) abolished the Fundamental Right to property and made it a legal right. The
right to property still remains a legal right or a constitutional right, though no longer a fundamental right. So,
statement 2 is not correct.
18. Which one of the following statements is not correct with reference to the Article 14 of the
Constitution of India?
A. It provides for both Equality before Law and Equal Protection of Laws
B. It does not apply where equals and unequals are treated differently
C. It forbids even reasonable classification of persons, objects and transactions
D. ‘Rule of Law’ as embodied in article is a ‘basic feature’ of the constitution
Answer: C
Explanation:
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Article 14 says that the State shall not deny to any person equality before the law or the equal protection of
the laws within the territory of India. So, option (a) is not correct.
The Supreme Court held that where equals and unequals are treated differently, Article 14 does not apply.
So, option (b) is not correct.
While Article 14 forbids class legislation, it permits reasonable classification of persons, objects and
transactions by the law. But the classification should not be arbitrary, artificial or evasive.
Rather, it should be based on an intelligible differential and substantial distinction. So, option (c) is correct.
The Supreme Court held that the ‘Rule of Law’ as embodied in Article 14 is a ‘basic feature’ of the constitution.
Hence, it cannot be destroyed even by an amendment. So, option (d) is not correct.
19. Who among the following was not a member of the drafting committee of the Constituent
Assembly?
A. B. N. Rau
B. R. Ambedkar
C. Alladi Krishnaswami Ayyar
D. K. M. Munshi
Answer: A
Explanation:
On 29th August 1947, the Constituent Assembly through a resolution appointed a Drafting Committee to
scrutinise the draft of the text of the Constitution of India prepared by Constitutional Adviser and to
submit to the Assembly for consideration the text of the draft constitution as revised by the committee.
The Drafting Committee had seven members:
1. Alladi Krishnaswami Ayyar;
2. N. Gopalaswami;
3. B.R. Ambedkar;
4. K.M Munshi;
5. Mohammad Saadulla;
6. B.L. Mitter and
7. D.P. Khaitan.
At its first meeting on 30th August 1947, the Drafting Committee elected B.R Ambedkar as its Chairman.
B. N. Rau was appointed the Constitutional Adviser to the Constituent Assembly in formulating the
Indian Constitution in 1946. He was responsible for the general structure of the democratic framework of the
Constitution and prepared its initial draft in February 1948 . He was not the member of drafting
committee Hence option A is the correct answer.
Answer: D
Explanation:
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Mandamusliterally means ‘we command’. It is a command 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. So, statement 1 is
correct.
Prohibition literally, it means ‘to forbid’. It is issued by a higher court to a lower court or tribunal to prevent
the latter from exceeding its jurisdiction or usurping a jurisdiction that it does not possess. Thus, unlike
mandamus that directs activity, the prohibition directs inactivity. The writ of prohibition can be issued only
against judicial and quasi-judicial authorities. It is not available against administrative authorities, legislative
bodies, and private individuals or bodies. So, statement 2 is correct.
Certiorari, in the literal sense, it means ‘to be certified’ or ‘to be informed’. It is issued by a higher court to a
lower court or tribunal either to transfer a case pending with the latter to itself or to squash the order of the
latter in a case. It is issued on the grounds of excess of jurisdiction or lack of jurisdiction or error of law. Thus,
unlike prohibition, which is only preventive, certiorari is both preventive as well as curative. Previously, the
writ of certiorari could be issued only against judicial and quasi- judicial authorities and not against
administrative authories. However, in 1991, the Supreme Court ruled that the certiorari can be issued even
against administrative authorities affecting rights of individuals. Like prohibition, certiorari is also not available
against legislative bodies and private individuals or bodies. So, statement 3 is correct.
21. Conservation of wildlife and nature is an important part of which of the following parts of the
constitution?
1. Fundamental Duties
2. Fundamental Rights
3. Directive Principles
Select the correct answer using the code given below.
A. 1 and 2 only
B. 2 and 3 only
C. 1 and 3 only
D. 1, 2 and 3
Answer: C
Explanation:
To protect and improve the natural environment including forests, lakes, rivers and wildlife and to have
compassion for living creatures is one of the duties under fundamental duties. Fundamental rights has no
provisions related to the conservation of wildlife and nature. Although Article 21 guarantees right to decent
environment, it has no provision regarding “conservation”.
To protect and improve the environment and to safeguard forests and wildlife (Article 48 A) is one of the
directive principles of the state policy. So, option (c) is correct.
22. Which of the following acts for the first time gave recognition to ‘Portfolio System’ in the
Indian politico- administrative system?
A. Government of India act of 1858
B. Indian councils act of 1861
C. Indian council act of 1892
D. Government of India act of 1919
Answer: B
Explanation:
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Indian councils act of 1861empowered the Viceroy to make rules and orders for the more convenient
transaction of business in the council. It also gave are cognition to the ‘portfolio’ system, introduced by Lord
Canning in1859. Under this, a member of the Viceroy’s council was made in-charge of one or more
departments of the government and was authorized to issue final orders on behalf of the council on matters
of his department(s).So, option (b) is correct.
Answer: B
Explanation:
The Sardar Swaran Singh Committee was set up in 1976, to make recommendations about fundamental
duties, as the need was felt during the operation of the internal emergency (1975-77). The Swaran Singh
Committee suggested the incorporation of eight Fundamental Duties in the Constitution, the 42nd
Constitutional Amendment Act (1976) included ten Fundamental Duties.
The Verma Committee on Fundamental Duties of the Citizens (1999) was set up to identify the
existence of legal provisions for the implementation of some of the Fundamental Duties. Some of the
observations are mentioned below:
• The Prevention of Insults to National Honour Act (1971) prevents disrespect to the Constitution of India,
the National Flag and the National Anthem.
• The Protection of Civil Rights Act4 (1955) provides for punishments for offences related to caste and
religion.
• The Unlawful Activities (Prevention) Act of 1967 provides for the declaration of a communal organisation
as an unlawful association.
• The Representation of People Act (1951) provides for the disqualification of members of the Parliament
or a state legislature for indulging in corrupt practice, that is, soliciting votes on the ground of religion or
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promoting enmity between different sections of people on grounds of caste, race, language, religion and
so on.
• The Wildlife (Protection) Act of 1972 prohibits trade in rare and endangered species.
• The Forest (Conservation) Act of 1980 checks indiscriminate deforestation and diversion of forest land
for non-forest purposes.
Bhuria Committee: It was established by the government of India in 1994 to study various aspects of tribal
self-rule and tribal affairs in India. Bhuria committee was responsible for outlining the implementation of the
Panchayats (Extension to Scheduled Areas) Act, being pivotal in providing recommendations for tribal self-
governance.
Hence only options 1 and 2 are correct.
24. With regards to “Protection in respect of conviction for offenses” as mentioned in Article 20
of the Constitution of India, which of the below statements is/are correct?
1. It Prohibits Retrospective criminal legislation.
2. It provides immunity from double jeopardy including Prosecution for an offence
3. The immunity from self-incrimination extends to civil proceedings.
Answer: C
Explanation:
According to Article 20(1), No person can be convicted except for the violation of an offence under the law
prevalent at the time of commission of the act charged as an offence. It prohibits retrospective legislation
only for Criminal laws.
Any retrospective increase in the penalty (or) the punishment for an offence provided is valid for civil and tax
laws and not for criminal laws. So, Statement 1 is correct.
Article 20(3) prohibits the compulsion to give self-incriminating evidence only in criminal proceedings and
not for civil proceedings. An accused cannot be compelled to be a witness against himself/herself. So,
Statement 3 is not correct.
Article 20(2) states that No person shall be prosecuted and punished for same offence more than once which
means that, this article provides immunity from double jeopardy not only against Punishment for an offence
but also against Prosecution. So, Statement 2 is correct.
Answer: A
Explanation:
The Menaka Gandhi case (1978) is famously known for A) Wider interpretation of Article 21.
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In this landmark case, the Supreme Court of India expanded the interpretation of Article 21, which
guarantees the Right to Life and Personal Liberty. The case clarified that the right to life is not limited to
mere animal existence and includes the right to live with dignity. Furthermore, the Court ruled that any
procedure that deprives an individual of their personal liberty must be reasonable, fair, and just under
the due process of law (a concept borrowed from American jurisprudence).
This case was a significant shift from the previous interpretation, where Article 21 had been understood in a
narrower sense. The Menaka case led to the view that fundamental rights are interrelated and that
procedural fairness is an integral part of the right to life.
26. Among the following, which is not a ground for restricting the freedom of speech and
expression as provided by the Constitution?
A. Law and order
B. Morality
C. Friendly relations with foreign States
D. Defamation
Answer: A
Explanation:
The Constitution of India, under Article 19(a), guarantees the Right to Freedom of Speech and Expression to
all citizens. However, this right is subject to reasonable restrictions imposed by law, including restrictions
related to defamation, morality, friendly relations with foreign states, and others. Therefore, options (b), (c),
and (d) are valid grounds for restricting freedom of speech and expression. However, "law and order" is not
explicitly listed as a ground for restriction under Article 19(a). The Supreme Court has distinguished between
"law and order" and "public order," stating that restrictions can only be imposed based on the maintenance
of public order, not law and order. Hence, option (a) is correct answer.
27. Which of the following are not Fundamental Duties under Part IV-A of the Constitution?
1. To safeguard public property.
2. To renounce practices derogatory to dignity of women.
3. To create opportunities for healthy development of children.
4. Promotion of international peace and security.
Select the correct answer using the code given below.
A. 1 and 2 only
B. 1, 2, 3 and 4
C. 3 and 4 only
D. 1, 2 and 3 only
Answer : C
Explanation:
The Fundamental Duties of Indian citizens are mentioned in Part IV-A of the Constitution, under Article 51A.
According to the Constitution, the following duties are explicitly listed:
4. Promotion of international peace and security is not listed either. While this is a broad objective under the
Directive Principles of State Policy, it is not a Fundamental Duty.
Thus, statements 3 and 4 are not part of the Fundamental Duties as per Part IV-A of the Constitution.
28. With reference to the committees of reorganization of the states, consider the following
statements:
1. Fazl Ali commission supported linguistic and cultural homogeneity, so it accepted the one language one
state formula.
2. Justice J.C. Shah commission was set up by the government of India for the reorganization of the state of
Punjab, Haryana, and Uttarakhand.
Select the correct answer using the codes given below:
A. 1 only
B. 2 only
C. Both 1 and 2
D. Neither 1 nor 2
Answer: D
Explanation:
The Fazl Ali Commission was indeed set up to re-examine the creation of states on a linguistic basis.
However, it did not support the "one language-one state" formula. Instead, it emphasized the unity of India
as the primary consideration and rejected the idea of linguistic homogeneity leading to one language-one
state. Therefore, statement 1 is incorrect.
The Justice J.C. Shah Commission was not set up for the reorganization of Punjab, Haryana, and Uttarakhand.
Instead, it was appointed by the Government of India in 1977 to inquire into the excesses committed during
the Indian Emergency (1975-77). The reorganization of Punjab, Haryana, and Himachal Pradesh was based
on the recommendations of another commission, not the Justice J.C. Shah Commission. Therefore,
statement 2 is also incorrect.
Hence, the correct answer is option (d) Neither 1 nor 2.
29. Provision of Right to Education is included under which of the following rights?
A. Cultural and educational rights
B. Right to Equality
C. Right to Freedom
D. None of the above
Answer: C
Explanation:
The right to education, as provided in Article 21A of the Indian Constitution, falls under the umbrella of the
Right to Freedom, which is one of the Fundamental Rights guaranteed by the Constitution. Article 21A
declares that the State shall provide free and compulsory education to all children between the ages of six
and fourteen years. This provision was added by the 86th Constitutional Amendment Act of 2002, marking
a significant milestone in the country's efforts to achieve 'Education for All'. Therefore, option (c) is correct.
Options (a) and (b) can be eliminated because the right to education is not included under Cultural and
Educational Rights (Articles 29-30) or Right to Equality (Articles 14-18). Instead, it is specifically addressed
under the Right to Freedom, encompassing Articles 19 to 22. Thus, option (d) is also not correct.
30. As per the Indian Constitution, the Separation of Judiciary from Executive is provided under
which of the following Articles?
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A. Article 40
B. Article 45
C. Article 50
D. Article 51
Answer: C
Explanation:
Article 50 of the Indian Constitution addresses the separation of the Judiciary from the Executive. It states,
"The State shall take steps to separate the Judiciary from the executive in the Public services of the state."
This provision aims to ensure the independence of the judiciary from the executive branch of government,
thus safeguarding the impartiality and integrity of the judicial system. For example, the enactment of laws
like the Criminal Procedure Code, which separates the executive and judicial functions of the executives,
aligns with the principles laid down in Article 50. Therefore, option (c) is correct.
Options (a), (b), and (d) can be eliminated because Article 40 deals with the organization of Village
Panchayats, Article 45 pertains to early childhood care and education, and Article 51 focuses on promoting
international peace and security and maintaining relations between nations, respectively. These articles do
not specifically address the separation of the Judiciary from the Executive.
31. As of now, the Right to Property, under Article 300A, could be considered as a right in which
of the following ways?
1. Constitutional Right
2. Statutory Right
3. Fundamental Right
4. Human Right
Select the correct answer using the codes given below:
A. One option only
B. Two options only
C. Three options only
D. All the four options
Answer: C
Explanation:
Article 300A of the Indian Constitution states that persons are not to be deprived of property save by authority
of law. No person shall be deprived of his property save by authority of law. This provision is explicitly
mentioned in the Constitution but outside Part III, thus making it a Constitutional right but not a Fundamental
right.
Since Article 300A is to be regulated by normal law, it is also considered a Statutory right.
Recently, the Supreme Court in Vidhya Devi vs The State of Himachal Pradesh & Others, held that the Right
to own Private Property is a human right and cannot be denied. Thus, the right to property under Article
300A is also a human right.
Therefore, the right to property under Article 300A is a Constitutional right, Statutory right, and Human right.
Hence, Option (c) is correct.
32. Which one of the following is common for both the Indian political system and the British
political system?
A. Republican System
B. Prime Minister from either house of Parliament
C. Political neutrality of Speaker
D. Bicameralism
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Answer: D
Explanation:
The British political system is a monarchical system with the Queen as the head, so Option (a) can be
eliminated.
In both the Indian and British political systems, the commonality is bicameralism. The Indian system
comprises the Lok Sabha (House of the People) and the Rajya Sabha (Council of States), modeled after the
House of Commons and the House of Lords in the British system. Therefore, Option (d) is correct.
33. What are the common objectives of Prohibition as well as Certiorari under the Writ
Jurisdiction of the Indian Constitution?
1. To ensure the jurisdiction of an inferior court or tribunal is properly exercised.
2. To ensure that the functioning of the inferior courts is within the limits of its jurisdiction.
3. To quash the order or decision of the inferior court or tribunal.
Select the correct answer using the codes given below:
A. 1 only
B. 1 and 2 only
C. 2 and 3 only
D. 1, 2 and 3
Answer: B
Explanation:
The common objectives of Prohibition and Certiorari under the Writ Jurisdiction of the Indian Constitution
are:
• To ensure the jurisdiction of an inferior court or tribunal is properly exercised.
• To ensure that the functioning of the inferior courts is within the limits of its jurisdiction.
Prohibition is issued by a higher court to a lower court or tribunal to prevent the latter from exceeding its
jurisdiction or taking over jurisdiction that it does not possess. It is available during the pendency of the
proceedings and before the order is made.
Certiorari means ‘to be certified’ or to be informed. It is issued by a higher court to a lower court or tribunal
either to transfer a case pending with the latter to itself or to quash the order of the lower court. However,
Certiorari is issued only after the order is made.
Therefore, while Prohibition and Certiorari share the objectives outlined in Statements 1 and 2, Statement 3
is not correct because Prohibition does not involve quashing orders, which is specific to Certiorari. Hence,
the correct answer is Option (b).
Answer: D
Explanation:
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• The Constitution of India provides for free and compulsory education to a child between the
age group of 6 to 14 years: This is correct. Article 21-A of the Indian Constitution, inserted by the
86th Amendment Act, 2002, mandates free and compulsory education for children aged 6 to 14 years.
• The Right to Education Act, 2009 prohibits screening procedures for admission of children in
schools: This is also correct. The Right to Education Act, 2009 (RTE) prohibits screening procedures
such as interviews, tests, and any form of selection process for admission to schools. It ensures that every
child is admitted to school without discrimination.
• The Right to Education Act, 2009 is applicable to minority and religious educational
institutions: This statement is incorrect. The RTE Act, 2009 does not apply to minority
institutions as per Article 30 of the Indian Constitution, which grants minority groups the right to
establish and administer educational institutions of their choice. Therefore, the Act is not applicable to
such institutions, except for the provision that mandates 25% reservation for disadvantaged children in
unaided minority schools.
Thus, Statements 1 and 2 are correct, and Statement 3 is incorrect.
35. Since independence, many laws have been enacted by the state to give effect to the various
Directive Principles under part IV of the Constitution. In this context consider the following
statements:
1. The Wildlife (Protection) Act, 1972 and the Forest (Conservation) Act, 1980, enactments give effect to
Article 50.
2. Khadi and Village Industries Board gives effect to Article 43.
3. 73rd Constitutional amendment Act gives effect to Article 40.
Which of the statements given above is/are correct?
A. 3 only
B. 1 and 2 only
C. 2 and 3 only
D. 1, 2 and 3
Answer: C
Explanation:
Statement 1 is not correct: Article 48A seeks to protect and improve the environment and to safeguard
forests and wildlife. Article 48 seeks to organize agriculture and animal husbandry on modern and scientific
lines and prohibit the slaughter of cows, calves, and other milch and draught cattle, and improve their breeds.
enacted to give effect to Article 48A, not Article 50.
Statement 2 is correct: Article 43 seeks to promote cottage industries on an individual or cooperation
basis in rural areas.
Hence, Khadi and Village Industries Board, Khadi and Village Industries Commission, Small-Scale Industries
Board, etc have been set up to give effect to Article 43.
Statement 3 is correct: Article 40 seeks to organize village panchayats and endow them with the necessary
powers and authority to enable them to function as units of self-government.
Hence, the 73rd Constitutional Amendment Act has been passed to give effect to Article 40.
36. What is/are the point(s) of convergence with respect to the ‘System of Government’ in the
USA and India?
1. The Executive is dependent upon a majority in Legislature.
2. There is a periodic assessment of the responsibility of the Executive.
Select the correct answer using the codes given below.
A. 1 only
B. 2 only
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C. Both 1 and 2
D. Neither 1 nor 2
Answer: B
Explanation:
The Executive is dependent upon a majority in the Legislature:
1. In India, the executive (the Prime Minister and the Council of Ministers) is indeed dependent on the
majority in the legislature (the Lok Sabha) to form a government and continue in power. This is
characteristic of a parliamentary system of government.
2. In the USA, however, the executive (the President) is independent of the legislature (Congress). The
President does not need the majority support of Congress to remain in power, as the executive is directly
elected by the people, unlike in a parliamentary system.
3. Therefore, this statement does not converge in the system of government between the two countries.
There is a periodic assessment of the responsibility of the Executive:
1. In India, the parliamentary system ensures that the executive is periodically assessed by the
legislature, especially through votes of confidence, debates, and Question Hour, allowing for scrutiny and
accountability. The executive remains in power as long as it enjoys the majority support in the legislature.
2. In the USA, even though the President (executive) is elected for a fixed term (4 years), there is periodic
assessment through elections, and mechanisms like impeachment allow for accountability if the
President is found guilty of high crimes or misdemeanors.
3. Thus, both systems allow for the periodic assessment of the executive, though through different
mechanisms.
Thus, B. 2 only is the correct answer
Answer: B
Explanation:
The Charter Act of 1813 did not completely end the East India Company's monopoly over trade with India.
The company's monopoly in trade with China and in the trade of Indian tea remained for another 20 years.
It was the Charter Act of 1833 that completely ended the company's commercial activities, transforming it
into a purely administrative body. Therefore, Statement 1 is not correct.
For the first time, the Charter Act of 1813 explicitly defined the constitutional position of the British territories
in India. The East India Company was given the power to retain possession of territories and revenue for 20
more years (until the next Charter Act in 1833), while also asserting the Crown's sovereignty over British
possessions in India. Therefore, Statement 2 is correct.
The Charter Act of 1813 legally permitted Christian missionaries to come to India and preach Christianity,
which allowed them to engage in religious conversion activities. Therefore, Statement 3 is correct.
Thus, the correct answer is B.
38. The provisions under this 'part' of the Indian Constitution are criticized as a 'little more than
a manifesto of aims and aspirations.’ What is 'part' here referred to?
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A. PART I
B. PART IV(A)
C. PART IV
D. PART III
Answer: C
Explanation:
The Directive Principles of State Policy, outlined in PART IV of the Indian Constitution, set forth the ideals
that the State should consider when formulating policies and enacting laws. These principles serve as
constitutional guidelines or recommendations for the State's legislative, executive, and administrative
actions. They aim to achieve the high ideals of justice, liberty, equality, and fraternity as stated in the
Preamble to the Constitution, and embody the concept of a ‘welfare state’. K.C. Wheare referred to them as
a ‘manifesto of aims and aspirations’ and regarded them as a ‘moral homily’. Therefore, Option C is
correct.
39. Consider the following statements with regards to the Government of India Act, 1919.
1. It introduced Diarchy for the first time in the Centre.
2. Bicameralism was introduced for the first time through this Act.
3. Members of both the Upper and Lower Houses were elected directly as well as nominated.
Which of the statements given above is/are correct?
A. 1 and 3 only
B. 1 and 2 only
C. 1, 2 and 3
D. 2 and 3 only
Answer: D
Explanation:
The Government of India Act of 1919, also known as the Montagu-Chelmsford Reforms, was enacted by the
British Parliament and came into force in 1921. The Act introduced a dual form of governance, known as
"dyarchy," at the provincial level, not at the Centre. Thus, Statement 1 is not correct.
The Act introduced bicameralism and direct elections for the first time in India. It replaced the Indian
legislative council with a bicameral legislature consisting of an Upper House (Council of State) and a Lower
House (Legislative Assembly). Therefore, Statement 2 is correct.
Members of both houses were a mix of directly elected and nominated individuals from the provinces. The
Lower House had 145 members with a tenure of 3 years, and the Upper House had 60 members with a tenure
of 5 years. Thus, Statement 3 is correct.
Therefore, the correct answer is D.
Answer: A
Explanation:
The Constitution prescribes imposition of President’s Rule under Article 356 on two grounds—one mentioned
in Article 356 itself and another in Article 365:
• Article 356 empowers the President to issue a proclamation if he is satisfied that a situation has arisen in
which the government of a state cannot be carried on in accordance with the provisions of the
Constitution. Notably, the president can act either on a report of the governor of the state or otherwise
too (ie, even without the governor’s report).
• Article 365 says that whenever a state fails to comply with or to give effect to any direction from the
Centre, it will be lawful for the president to hold that a situation has arisen in which the government of
the state cannot be carried on in accordance with the provisions of the Constitution.
• The Constitution prescribes imposition of President's Rule only on the grounds mentioned under Article
356 and 365. Hence, statements 1 and 2 are correct.
There is no mention of 'violent incident disrupting law and order' in the constitution as the ground for
imposition of President's Rule. Hence, statement 3 is not correct.
Article 356 and not 352 deals with presidents rules . Hence statement 4 is incorrect
41. According to the Constitution, President's Rule can be imposed in a state under which of the
following circumstances:
1. The President believes that the state government is not functioning in accordance with the Constitution.
2. The state government fails to adhere to any directives from the Central government.
3. A violent incident occurs, disturbing public order.
4. It is imposed under Article 352 of the Constitution.
Select the correct answer using the code given below.
A. 1, 3, and 4 only
B. 2 and 3 only
C. 1 and 2 only
D. 1, 2, and 3
Answer: C
Explanation:
The Constitution allows for the imposition of President's Rule under Article 356 based on two primary
conditions as specified in Article 356 and Article 365:
Article 356 allows the President to proclaim President's Rule if he is convinced that the state government
cannot be carried on according to the provisions of the Constitution. This can be based on the Governor's
report or the President's own judgment.
Article 365 stipulates that if a state fails to comply with or implement any directions from the Central
government, it is lawful for the President to declare that the state's government cannot function according to
constitutional provisions.
Therefore, statements 1 and 2 are accurate. The Constitution does not mention 'violent incidents disrupting
law and order' as a ground for imposing President's Rule. Thus, statement 3 is incorrect.
Article 356, not Article 352, pertains to President's Rule. Hence, statement 4 is incorrect.
Which of the above-given objectives are stated in the Preamble to the Constitution of India?
A. 1, 3 and 4 only
B. 2 and 3 only
C. 3 and 4 only
D. 1, 2 and 4 only
Answer: A
Explanation:
The preamble of the Indian Constitution-
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST
SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:
• JUSTICE, social, economic, and political; Hence statement 1 is correct.
• LIBERTY of thought, expression, belief, faith, and worship; Hence statement 2 is not correct.
• EQUALITY of status and of opportunity; and to promote among them all, Hence statement 3 is correct.
• FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation; Hence
statement 4 is correct.
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November 1949, do HEREBY ADOPT, ENACT
AND GIVE TO OURSELVES THIS CONSTITUTION.
Preamble reveals the source of authority of the constitution which is "the authority from the people of
India".
• It declares the nature of the Indian state as sovereign, socialist, secular, democratic, and republican polity.
• It specifies justice, liberty, equality, and fraternity as the objectives of the constitution.
• It also mentions the date of adoption of the constitution which is November 26, 1949.
43. Which of the following rights and privileges are available to foreigners in India?
1. Cultural and Educational Rights
2. Right to equality of opportunity in public employment
3. Right against discrimination based on religion, race, caste, sex, or place of birth
Select the correct answer using the code given below:
A. 3 only
B. 1 and 3 only
C. 1 and 2 only
D. None of these
Answer: D
Explanation:
Option (d) is correct.
The Indian Constitution grants certain rights and privileges exclusively to Indian citizens and restricts these
for foreigners (aliens). The rights that are reserved for citizens include:
• Right against discrimination based on religion, race, caste, sex, or place of birth (Article 15).
• Right to equality of opportunity in public employment (Article 16).
• Cultural and Educational Rights (Articles 29 and 30).
• Rights to freedom of speech and expression, assembly, association, movement, residence, and
profession (Article 19).
• Political rights, such as the right to vote in national and state elections, to contest elections, and
eligibility for certain public offices (e.g., President, Vice-President, judges of the Supreme Court and High
Courts, and governors).
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Foreigners do not enjoy these specific civil and political rights, as they are reserved for citizens.
Answer: (b)
Explanation:
Option (b) is correct.
The Directive Principles of State Policy in the Indian Constitution include specific articles guiding the
state’s policies:
• Article 40 directs the state to organize village panchayats and empower them with necessary authority.
• Article 39A emphasizes providing equal justice and free legal aid to ensure access to justice for all
citizens.
• Article 50 provides for the separation of the judiciary from the executive to maintain the
independence of the judiciary.
The promotion of cooperative societies is covered under Article 43B, not Article 50. Therefore, only
statements 1 and 3 are correctly matched.
45. With reference to the Preamble of the Indian Constitution, consider the following statements:
1. The Preamble is not a part of the Constitution.
2. The Preamble can only be amended by a special majority.
Which of the statements given above is/are correct?
A. 1 only
B. 2 only
C. Both 1 and 2
D. Neither 1 nor 2
Answer: (b)
Explanation:
Option (b) is correct.
The question of whether the Preamble is part of the Constitution was addressed in the Kesavananda
Bharati case (1973). The Supreme Court held that the Preamble is indeed a part of the Constitution. This
overturned the earlier opinion from the Berubari Union case (1960), which stated otherwise. Thus,
Statement 1 is incorrect.
Regarding amendments, the Court also determined that while the Preamble can be amended, amendments
must not alter the Constitution’s basic features or fundamental principles as enshrined in the Preamble. The
Preamble has been amended only once through the 42nd Constitutional Amendment Act of 1976, which
added the words "Socialist," "Secular," and "Integrity."
Statement 2 is correct. As per Article 368, any amendment to the Constitution, including the Preamble,
requires a special majority in both Houses of Parliament. This means the amendment bill must pass with
more than 50% of the total membership and a two-thirds majority of the members present and voting.
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46. With reference to the Dhar Commission, consider the following statements:
1. It recommended the reorganisation of states on the basis of linguistic factors.
2. Sardar Patel was one of the members of this commission.
Which of the statements given above is/are correct?
A. 1 only
B. 2 only
C. Both 1 and 2
D. Neither 1 nor 2
Answer: (d)
Explanation:
Option (d) is correct.
The Linguistic Provinces Commission, commonly known as the Dhar Commission, was appointed by
the Government of India in June 1948 under the chairmanship of S.K. Dhar. The commission’s task was to
examine the feasibility of reorganizing states on a linguistic basis. However, it recommended reorganising
states on the basis of administrative convenience rather than language, which led to significant
dissatisfaction among linguistic groups.
Statement 1 is incorrect because the commission did not favor linguistic reorganisation. Statement 2 is
also incorrect, as Sardar Patel was not a member of the Dhar Commission. Instead, a separate JVP
Committee (named after Jawaharlal Nehru, Vallabhbhai Patel, and Pattabhi Sitaramayya) was later
formed in December 1948 to reassess the question of linguistic reorganisation. The JVP Committee, in its
April 1949 report, also rejected language as the sole basis for state reorganisation.
Answer: (d)
Explanation:
Option (d) is correct.
The Fundamental Duties are listed under Article 51A of the Indian Constitution, which outlines certain
moral obligations that every Indian citizen should uphold.
• Statement 1: The duty to provide opportunities for education to children aged 6 to 14 was added by the
86th Constitutional Amendment Act, 2002. This amendment emphasizes the shared responsibility of
parents and guardians in ensuring their children’s right to education.
• Statement 2: Preserving India’s rich cultural heritage is a fundamental duty aimed at fostering respect
for the country’s diverse cultural legacy. This includes valuing and safeguarding traditions that embody
India’s composite culture.
• Statement 3: Citizens are also duty-bound to safeguard public property and renounce violence, which
promotes peace and respect for public assets, fostering a sense of civic responsibility.
Thus, all three statements accurately represent Fundamental Duties included in the Constitution.
1. The 5th Schedule contains provisions for the allocation of seats in the Rajya Sabha to the Union
Territories.
2. The 11th Schedule was added by the 73rd Amendment Act, 1992.
3. The 6th Schedule contains provisions for the administration of tribal areas in Mizoram.
Select the correct answer using the code given below:
A. 2 only
B. 1 and 2 only
C. 2 and 3 only
D. 1, 2 and 3
Answer: (c)
Explanation:
Option (c) is correct.
• Statement 1 is incorrect: The Fourth Schedule of the Indian Constitution, not the Fifth Schedule,
contains provisions for the allocation of seats in the Rajya Sabha to states and Union Territories.
• Statement 2 is correct: The Eleventh Schedule was indeed added by the 73rd Constitutional
Amendment Act of 1992. This Schedule, found under Article 243-G, defines the powers, authority,
and responsibilities of Panchayats and includes 29 matters.
• Statement 3 is correct: The Sixth Schedule contains provisions for the administration of tribal areas
in Assam, Meghalaya, Tripura, and Mizoram. This schedule aims to protect the interests and
autonomy of tribal regions within these states.
Thus, only statements 2 and 3 are correct.
49. The idea of "First Past the Post" in the Indian Constitution was borrowed from the Constitution
of:
A. France
B. Australia
C. United Kingdom
D. Canada
Answer: (C)
Explanation:
The First Past the Post (FPTP) electoral system, used in India for elections to the Lok Sabha and state
legislative assemblies, was adopted from the United Kingdom. Under this system, the candidate who
receives the highest number of votes in a constituency wins the election, even if they do not secure an
absolute majority. This method emphasizes simplicity and decisiveness in results, similar to the British
parliamentary system.
50. With reference to “Basic Structure of the Indian Constitution”, consider the following
statements:
1. It was laid down by Supreme court in 1967 Golaknath Bharati case
2. Supreme court gave a list of provisions of constitution which form the basic part of the constitution.
3. It ruled that the constituent power of Parliament under Article 368 does not enable it to alter the ‘basic
structure’ of the Constitution.
Answer: D
Explanation:
Statement 1 and 2 are incorrect and Statement 3 is correct: In the landmark Kesavananda Bharati
case 1973), the Supreme Court upheld the validity of the 24th Amendment Act, 1971 and stated that
Parliament is empowered to abridge or take away any of the Fundamental Rights. At the same time, it laid
down a new doctrine of the ‘basic structure’ of the Constitution. However, the Supreme Court is yet to
define or clarify as to what constitutes the ‘basic structure’ of the Constitution.
It ruled that the constituent power of Parliament under Article 368 does not enable it to alter the
‘basic structure’ of the Constitution. This means that the Parliament cannot abridge or take away
a Fundamental Right that forms a part of the ‘basic structure’ of the Constitution.