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Decode the Constitution: Today’s Ultimate Polity Challenge

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Decode the Constitution: Today’s Ultimate Polity Challenge

Welcome, future administrators and public servants! Our democratic framework, built on the bedrock of the Indian Constitution, is a living, breathing entity. Understanding its nuances is not just for exams; it’s essential for informed citizenship. Today, The Constitutional Expert brings you a fresh set of 25 meticulously crafted questions designed to test your conceptual clarity and analytical prowess. Dive in, challenge yourself, and emerge with a deeper appreciation for the supreme law of our land!

Indian Polity & Constitution Practice Questions

Instructions: Attempt the following 25 questions and analyze your understanding with the detailed explanations provided.

Question 1: Which of the following statements about the Preamble to the Indian Constitution is/are correct?

  1. It is a part of the Constitution and can be amended.
  2. It identifies the source of authority of the Constitution.
  3. It is enforceable in courts of law.
  4. It was adopted after the entire Constitution was enacted.

Select the correct answer using the code given below:

  1. 1 and 2 only
  2. 1, 2 and 4 only
  3. 3 and 4 only
  4. 1, 2, 3 and 4

Answer: (b)

Detailed Explanation:

  • Correctness & Article Reference: Statements 1, 2, and 4 are correct. The Supreme Court, in the landmark Kesavananda Bharati v. State of Kerala (1973) case, held that the Preamble is an integral part of the Constitution and can be amended, provided the ‘basic structure’ is not altered. The Preamble begins with “We, the people of India,” clearly indicating that the people are the ultimate source of authority for the Constitution. Furthermore, the Preamble was adopted by the Constituent Assembly after the rest of the Constitution had been drafted and adopted, to ensure consistency with the entire document.
  • Context & Elaboration: The Preamble embodies the philosophy and ideals of the Constitution, such as Justice, Liberty, Equality, and Fraternity. The 42nd Amendment Act of 1976 added the words ‘Socialist’, ‘Secular’, and ‘Integrity’ to the Preamble.
  • Incorrect Options: Statement 3 is incorrect. The Preamble is non-justiciable, meaning it cannot be enforced in a court of law. It provides guidance for the interpretation of the Constitution but does not grant or prohibit any power directly.

Question 2: The concept of ‘Due Process of Law’ is a significant feature in the Indian judicial system. Which of the following is the most accurate description of its application in India?

  1. It ensures that a law is applied fairly.
  2. It implies that a law must be fair, just, and reasonable in its content.
  3. It provides for judicial review of legislative acts.
  4. It allows the judiciary to question the constitutionality of any executive action.

Answer: (b)

Detailed Explanation:

  • Correctness & Article Reference: The concept of ‘Due Process of Law’ implies that a law should not only be enacted through proper procedure (as under ‘Procedure Established by Law’ in Article 21) but also that its content must be fair, just, and reasonable. The Supreme Court, particularly after the Maneka Gandhi v. Union of India (1978) case, expanded the interpretation of Article 21 (‘Right to Life and Personal Liberty’) to include ‘due process of law’. This means that a person can be deprived of life or liberty only by a law that is not arbitrary, oppressive, or unreasonable.
  • Context & Elaboration: Before Maneka Gandhi, the dominant view was ‘Procedure Established by Law’ which simply meant a law enacted by the legislature could deprive life or liberty if it followed proper procedure. The shift to ‘Due Process of Law’ allows the judiciary to examine the substantive fairness of the law itself.
  • Incorrect Options: Option (a) describes ‘Procedure Established by Law’ or the fair application of an existing law, but not its substantive fairness. Option (c) describes judicial review, which is a broader concept where the judiciary checks the constitutionality of legislative and executive actions, but ‘Due Process’ specifically relates to the reasonableness of the law affecting life and liberty. Option (d) describes judicial review of executive actions, which is also part of judicial review but not exclusively ‘due process of law’.

Question 3: Which of the following writs 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?

  1. Habeas Corpus
  2. Mandamus
  3. Prohibition
  4. Certiorari

Answer: (c)

Detailed Explanation:

  • Correctness & Article Reference: The writ of ‘Prohibition’ is issued by a higher court (Supreme Court under Article 32 or High Court under Article 226) to a lower court or tribunal to stop it from proceeding in a matter where it has no jurisdiction or is exceeding its legal jurisdiction. It is a preventive writ.
  • Context & Elaboration: This writ aims to prevent judicial or quasi-judicial bodies from acting outside their legal bounds. It is issued during the pendency of the proceedings in the lower court.
  • Incorrect Options: ‘Habeas Corpus’ (literally “to have the body of”) is issued to produce a person who has been detained before the court and for the release of the person if the detention is found illegal. ‘Mandamus’ (“we command”) is issued to a public official, a public body, a corporation, an inferior court, or a government to perform a public or statutory duty. ‘Certiorari’ (“to be certified” or “to be informed”) is issued by a higher court to quash the order of a lower court or tribunal on grounds of excess of jurisdiction, lack of jurisdiction, or error of law apparent on the face of the record. Unlike Prohibition, Certiorari is issued after the order has been passed.

Question 4: The ‘Basic Structure Doctrine’ of the Indian Constitution primarily limits the amending power of:

  1. The Parliament
  2. The President
  3. The Supreme Court
  4. The State Legislatures

Answer: (a)

Detailed Explanation:

  • Correctness & Article Reference: The Basic Structure Doctrine, propounded by the Supreme Court in the Kesavananda Bharati v. State of Kerala (1973) case, limits the constituent power of the Parliament under Article 368. It states that while Parliament can amend any part of the Constitution, it cannot alter its ‘basic structure’ or essential features.
  • Context & Elaboration: This doctrine emerged to protect the fundamental principles and values enshrined in the Constitution from being abrogated or diluted by parliamentary amendments. Although the Supreme Court has not exhaustively defined what constitutes the ‘basic structure,’ it has included elements like the supremacy of the Constitution, parliamentary democracy, secularism, federalism, judicial review, etc.
  • Incorrect Options: The President exercises executive power and does not have amending power. The Supreme Court interprets the Constitution and propounds doctrines like the Basic Structure Doctrine; it does not have amending power in the legislative sense. State Legislatures have limited amending power, primarily for certain provisions related to states, but the fundamental amending power under Article 368 lies with the Parliament, which is then limited by this doctrine.

Question 5: Which of the following statements about the Directive Principles of State Policy (DPSPs) is correct?

  1. They are enforceable by courts for promoting social and economic democracy.
  2. They can be used by courts to declare a law unconstitutional.
  3. They aim to establish a welfare state in India.
  4. They were borrowed from the Constitution of the USA.

Answer: (c)

Detailed Explanation:

  • Correctness & Article Reference: The DPSPs, contained in Part IV of the Constitution (Articles 36 to 51), aim to establish a welfare state in India. They lay down certain socio-economic and political principles that are fundamental in the governance of the country and are meant to be kept in mind by the State while formulating laws and policies.
  • Context & Elaboration: These principles are a modern concept of a welfare state. For example, Article 38 mandates the State to secure a social order for the promotion of welfare of the people, striving to minimize inequalities.
  • Incorrect Options: Option (a) is incorrect; DPSPs are fundamentally non-justiciable, meaning they are not enforceable by any court of law (Article 37). Option (b) is incorrect; while courts may refer to DPSPs for interpreting statutes, they cannot declare a law unconstitutional solely on the ground that it violates a DPSP. Fundamental Rights, being justiciable, are the basis for declaring laws unconstitutional. Option (d) is incorrect; the concept of DPSPs was borrowed from the Constitution of Ireland (Irish Constitution of 1937), not the USA.

Question 6: Consider the following statements regarding the President of India:

  1. The President is elected by members of both Houses of Parliament and State Legislative Assemblies.
  2. The oath of office to the President is administered by the Chief Justice of India, or in his absence, the senior-most judge of the Supreme Court available.
  3. The President can resign from his office by addressing his resignation to the Vice-President.

Which of the statements given above are correct?

  1. 1 and 2 only
  2. 2 and 3 only
  3. 1 and 3 only
  4. 1, 2 and 3

Answer: (d)

Detailed Explanation:

  • Correctness & Article Reference: All three statements are correct.
  • Context & Elaboration:
    • Statement 1: Article 54 details the electoral college for the President’s election, which includes elected members of both Houses of Parliament and elected members of the Legislative Assemblies of the States (including NCT of Delhi and Puducherry as per 70th Amendment Act, 1992).
    • Statement 2: Article 60 specifies that the President’s oath of office is administered by the Chief Justice of India, and in his absence, by the senior-most judge of the Supreme Court available.
    • Statement 3: Article 56(a) states that the President may, by writing under his hand addressed to the Vice-President, resign his office. The Vice-President then immediately informs the Speaker of the Lok Sabha about such resignation.
  • Incorrect Options: As all statements are correct, there are no incorrect options.

Question 7: Which of the following is NOT a feature of the Indian federal system?

  1. Dual Polity
  2. Written Constitution
  3. Integrated Judiciary
  4. Division of Powers

Answer: (c)

Detailed Explanation:

  • Correctness & Article Reference: An ‘Integrated Judiciary’ is a feature of the Indian system, but it points towards a unitary bias rather than a purely federal one. In a truly federal system (like the USA), there are often separate federal and state judicial systems. India has a single, unified judicial system with the Supreme Court at the top, followed by High Courts and subordinate courts, enforcing both central and state laws. This integration is considered a unitary feature.
  • Context & Elaboration: India’s federal system is often described as ‘quasi-federal’ or ‘federal with a strong unitary bias’ due to features like a strong center, single citizenship, integrated judiciary, emergency provisions, appointment of Governors, etc.
  • Incorrect Options:
    • ‘Dual Polity’ refers to two levels of government (Centre and States), which is a characteristic of federalism in India.
    • ‘Written Constitution’ (Article 395 and others) is essential for a federal system to clearly delineate powers and avoid conflicts.
    • ‘Division of Powers’ (Seventh Schedule – Union, State, and Concurrent Lists) is a hallmark of federalism, ensuring that both the central and state governments have their own spheres of legislative authority.

Question 8: The power of the Supreme Court of India to decide disputes between the Centre and the States falls under its:

  1. Advisory Jurisdiction
  2. Appellate Jurisdiction
  3. Original Jurisdiction
  4. Writ Jurisdiction

Answer: (c)

Detailed Explanation:

  • Correctness & Article Reference: The power of the Supreme Court to decide disputes between the Centre and one or more States, or between two or more States, or between the Centre and any State(s) on one side and other State(s) on the other side, is part of its ‘Original Jurisdiction’ as defined under Article 131 of the Constitution. This jurisdiction is exclusive, meaning no other court can hear such disputes.
  • Context & Elaboration: This original jurisdiction ensures that disputes involving the federal structure of the country are directly and solely handled by the highest court, maintaining judicial impartiality and constitutional supremacy.
  • Incorrect Options:
    • ‘Advisory Jurisdiction’ (Article 143) refers to the President’s power to seek the Supreme Court’s opinion on a question of law or fact.
    • ‘Appellate Jurisdiction’ (Articles 132, 133, 134, 136) means the power to hear appeals against judgments of lower courts.
    • ‘Writ Jurisdiction’ (Article 32) refers to the power to issue writs (Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto) for the enforcement of Fundamental Rights.

Question 9: The power to legislate on all matters not enumerated in any of the three lists (Union, State, Concurrent) is known as ‘Residuary Powers’. In India, these powers are vested with the:

  1. Parliament
  2. State Legislatures
  3. Both Parliament and State Legislatures
  4. President

Answer: (a)

Detailed Explanation:

  • Correctness & Article Reference: Article 248 of the Constitution explicitly states that Parliament has exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or State List. This means ‘Residuary Powers’ are vested solely with the Parliament in India.
  • Context & Elaboration: This vesting of residuary powers in the Union Parliament (Centre) is a distinct feature of India’s federal system, which tilts towards a strong Centre, contrasting with countries like the USA where residuary powers lie with the states. This provision ensures that any unforeseen subject matter or future developments can be legislated upon effectively.
  • Incorrect Options: State Legislatures only legislate on matters in the State List and concurrently on the Concurrent List. Neither both Parliament and State Legislatures jointly nor the President individually possess these residuary powers.

Question 10: Which of the following constitutional amendments made the right to property a legal right and removed it from the list of Fundamental Rights?

  1. 42nd Amendment Act
  2. 44th Amendment Act
  3. 52nd Amendment Act
  4. 61st Amendment Act

Answer: (b)

Detailed Explanation:

  • Correctness & Article Reference: The 44th Amendment Act of 1978 abolished the right to property as a Fundamental Right (previously Article 19(1)(f) and Article 31). It was made a legal right under Article 300-A in Part XII of the Constitution.
  • Context & Elaboration: This amendment was significant because the right to property had been a contentious issue, leading to numerous constitutional amendments and Supreme Court judgments (e.g., Golaknath case, Kesavananda Bharati case). By making it a legal right, it still protects individuals from arbitrary deprivation of property, but it also allows the state to acquire property for public purposes with compensation without being subject to the same strict judicial scrutiny as Fundamental Rights.
  • Incorrect Options: The 42nd Amendment Act (1976) is known as the ‘Mini Constitution’ and made significant changes, including adding ‘Socialist,’ ‘Secular,’ and ‘Integrity’ to the Preamble, and adding Fundamental Duties. The 52nd Amendment Act (1985) introduced the anti-defection law (Tenth Schedule). The 61st Amendment Act (1989) reduced the voting age from 21 years to 18 years for Lok Sabha and State Legislative Assembly elections.

Question 11: The maximum strength of the Lok Sabha is fixed at:

  1. 545 members
  2. 550 members
  3. 552 members
  4. 530 members

Answer: (b)

Detailed Explanation:

  • Correctness & Article Reference: The maximum strength of the Lok Sabha is fixed at 550 members. This consists of:
    • 530 members representing the States (Article 81).
    • 20 members representing the Union Territories (Article 81).

    Prior to the 104th Amendment Act, 2019, there was a provision for two nominated members from the Anglo-Indian community (Article 331), bringing the total maximum to 552. However, the 104th Amendment Act discontinued this provision. So, currently, the maximum strength is 550.

  • Context & Elaboration: The actual strength of the Lok Sabha is currently 543 (524 from states and 19 from UTs). The allocation of seats to states is based on the 1971 Census, as frozen until 2026 by the 84th Amendment Act, 2001, to encourage population control measures.
  • Incorrect Options: 552 was the previous maximum strength including nominated Anglo-Indian members. 545 was the maximum actual strength for a long time (543 elected + 2 nominated). 530 is the maximum number of representatives from states.

Question 12: Who among the following presides over a joint sitting of both Houses of Parliament?

  1. The President of India
  2. The Vice-President of India
  3. The Speaker of the Lok Sabha
  4. The Prime Minister of India

Answer: (c)

Detailed Explanation:

  • Correctness & Article Reference: As per Article 118(4) of the Constitution, the Speaker of the Lok Sabha presides over a joint sitting of the two Houses. In the absence of the Speaker, the Deputy Speaker of the Lok Sabha presides, and in his absence, the Deputy Chairman of the Rajya Sabha presides. If all of them are absent, any other person as determined by the members present at the meeting may preside.
  • Context & Elaboration: A joint sitting (Article 108) is an extraordinary mechanism adopted to break a deadlock between the two Houses on an ordinary bill. It is summoned by the President. It cannot be held for a Money Bill or a Constitutional Amendment Bill.
  • Incorrect Options: The President summons the joint sitting but does not preside over it. The Vice-President is the ex-officio Chairman of the Rajya Sabha but does not preside over a joint sitting. The Prime Minister is the head of the government but has no constitutional role in presiding over parliamentary proceedings.

Question 13: The Supreme Court has declared the ‘Right to Education’ as a Fundamental Right. Which of the following Articles was inserted to give effect to this right?

  1. Article 21
  2. Article 21A
  3. Article 24
  4. Article 45

Answer: (b)

Detailed Explanation:

  • Correctness & Article Reference: The Right to Education was made a Fundamental Right by the 86th Constitutional Amendment Act of 2002, which inserted a new Article 21A into Part III of the Constitution. Article 21A declares that “The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.”
  • Context & Elaboration: This amendment also changed Article 45 (DPSP) to provide for early childhood care and education for all children until they complete the age of six years, and added a new Fundamental Duty under Article 51A(k) which states that it shall be the duty of every citizen of India who is a parent or guardian to provide opportunities for education to his child or ward between the age of six and fourteen years.
  • Incorrect Options: Article 21 guarantees the ‘Right to Life and Personal Liberty,’ which the Supreme Court had interpreted to include the right to education even before the 86th Amendment, but Article 21A specifically enshrined it as a distinct fundamental right. Article 24 prohibits the employment of children below 14 years in factories, mines, etc. Article 45 was a DPSP related to education before the 86th Amendment, but it was amended to focus on early childhood care after 21A was inserted.

Question 14: The term ‘Cabinet’ is mentioned in which one of the following Articles of the Constitution of India?

  1. Article 74
  2. Article 75
  3. Article 352
  4. Article 356

Answer: (c)

Detailed Explanation:

  • Correctness & Article Reference: The term ‘Cabinet’ was explicitly inserted into the Constitution only by the 44th Amendment Act of 1978, in Article 352. Article 352(3) states that the President cannot issue a Proclamation of Emergency unless the decision of the Union Cabinet that such a Proclamation may be issued has been communicated to him in writing.
  • Context & Elaboration: Before this amendment, the term ‘Cabinet’ was not formally defined in the Constitution, although the Cabinet functioned as the core decision-making body of the Council of Ministers. The inclusion in Article 352 was a direct response to the emergency of 1975, ensuring that the President cannot declare an emergency merely on the advice of the Prime Minister without the collective written recommendation of the Cabinet.
  • Incorrect Options: Article 74 deals with the Council of Ministers to aid and advise the President. Article 75 deals with other provisions relating to Ministers (appointment, term, responsibility, etc.). Article 356 deals with the imposition of President’s Rule in states. These articles mention the Council of Ministers but not specifically the ‘Cabinet’.

Question 15: Which of the following Constitutional Amendments reduced the age for voting from 21 years to 18 years for the Lok Sabha and State Legislative Assembly elections?

  1. 42nd Amendment Act
  2. 44th Amendment Act
  3. 52nd Amendment Act
  4. 61st Amendment Act

Answer: (d)

Detailed Explanation:

  • Correctness & Article Reference: The 61st Constitutional Amendment Act of 1989 reduced the voting age for elections to the Lok Sabha and the Legislative Assemblies of States from 21 years to 18 years. This was done by amending Article 326 of the Constitution, which deals with adult suffrage.
  • Context & Elaboration: This amendment was aimed at providing the unrepresented youth of the country with an opportunity to participate in the political process, giving them a chance to shape their destiny.
  • Incorrect Options: The 42nd Amendment Act (1976) introduced several significant changes, including adding Fundamental Duties and modifying the Preamble. The 44th Amendment Act (1978) abolished the right to property as a fundamental right. The 52nd Amendment Act (1985) introduced the anti-defection law.

Question 16: The Chief Election Commissioner of India can be removed from office by the President on the basis of a resolution passed by both Houses of Parliament with:

  1. A simple majority of members present and voting.
  2. A special majority, i.e., a majority of the total membership of each House and a majority of not less than two-thirds of the members of that House present and voting.
  3. A simple majority of the total membership of each House.
  4. A special majority, i.e., a majority of two-thirds of the members present and voting in each House.

Answer: (b)

Detailed Explanation:

  • Correctness & Article Reference: The Chief Election Commissioner (CEC) can be removed from his office in the same manner and on the same grounds as a judge of the Supreme Court (Article 324(5)). This requires a ‘special majority’ in both Houses of Parliament, specifically: 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. This process is initiated by the President on grounds of proved misbehavior or incapacity.
  • Context & Elaboration: This stringent removal process ensures the independence and impartiality of the Election Commission of India, which is a vital constitutional body responsible for conducting free and fair elections. Unlike the CEC, other Election Commissioners or a Regional Commissioner cannot be removed except on the recommendation of the CEC.
  • Incorrect Options: The other options describe different types of majorities or incomplete descriptions of the special majority required, which are not applicable for the removal of the CEC.

Question 17: Which of the following is responsible for preparing the electoral rolls for Panchayati Raj Institutions?

  1. Election Commission of India
  2. State Election Commission
  3. District Election Officer
  4. Panchayati Raj Ministry

Answer: (b)

Detailed Explanation:

  • Correctness & Article Reference: Article 243K of the Constitution (inserted by the 73rd Amendment Act, 1992) states that the superintendence, direction, and control of the preparation of electoral rolls for, and the conduct of, all elections to the Panchayats shall be vested in a State Election Commission.
  • Context & Elaboration: This provision ensures the autonomy and independence of the State Election Commission in conducting local body elections, separate from the Election Commission of India, which handles parliamentary and state assembly elections. The State Election Commissioner is appointed by the Governor.
  • Incorrect Options: The Election Commission of India (ECI) deals with Lok Sabha, Rajya Sabha, State Legislative Assemblies, President, and Vice-President elections. The District Election Officer operates under the control of the ECI or SEC for the respective elections. The Panchayati Raj Ministry is a policy-making and implementing body, not directly involved in electoral roll preparation or conduct of elections.

Question 18: Which of the following is not a feature of Parliamentary Government in India?

  1. Presence of nominal and real executives
  2. Majority party rule
  3. Accountability of executive to legislature
  4. Separation of powers

Answer: (d)

Detailed Explanation:

  • Correctness & Article Reference: ‘Separation of Powers’ in a strict sense (as in the Presidential system of the USA) is not a feature of the Parliamentary Government in India. While there is a functional separation between the organs of government (legislature, executive, judiciary), the executive is a part of and responsible to the legislature in a parliamentary system, leading to an ‘overlapping of powers’ rather than a strict separation. For example, the Council of Ministers (executive) is drawn from the Parliament (legislature) and is collectively responsible to the Lok Sabha (Article 75).
  • Context & Elaboration: India follows the Westminster model of parliamentary democracy.
  • Incorrect Options:
    • ‘Presence of nominal and real executives’: The President is the nominal executive, and the Prime Minister (PM) with the Council of Ministers is the real executive. This is a characteristic of a parliamentary system.
    • ‘Majority party rule’: The party or coalition securing a majority in the Lok Sabha forms the government. This is a fundamental aspect of parliamentary democracy.
    • ‘Accountability of executive to legislature’: The Council of Ministers is collectively responsible to the Lok Sabha. This ensures accountability and is a core principle of parliamentary government.

Question 19: The Constitution of India provides for an independent office of the Comptroller and Auditor General (CAG) of India. Which of the following statements about the CAG is INCORRECT?

  1. The CAG holds office for a term of six years or until he attains the age of 65 years, whichever is earlier.
  2. The CAG can be removed by the President on the same grounds and in the same manner as a judge of the Supreme Court.
  3. The CAG submits his audit reports relating to the accounts of the Union to the Finance Minister.
  4. The CAG acts as the guardian of the public purse and controls the entire financial system of the country at both the Central and State levels.

Answer: (c)

Detailed Explanation:

  • Correctness & Article Reference: Statement (c) is incorrect. The CAG submits his audit reports relating to the accounts of the Union to the President, who in turn causes them to be laid before each House of Parliament (Article 151). For states, the CAG submits reports to the Governor, who lays them before the state legislature. He does not submit them to the Finance Minister.
  • Context & Elaboration: The CAG (Article 148) is a crucial independent constitutional authority, ensuring financial accountability of the executive to the Parliament and State Legislatures. His reports are examined by the Public Accounts Committee of Parliament.
  • Incorrect Options:
    • Statement (a) is correct (Article 148(4)).
    • Statement (b) is correct (Article 148(1)), ensuring his independence from the executive.
    • Statement (d) correctly describes his role. He is the principal auditor and protector of the financial system.

Question 20: The power to increase the number of judges in the Supreme Court of India is vested in:

  1. The President of India
  2. The Chief Justice of India
  3. The Parliament
  4. The Law Commission

Answer: (c)

Detailed Explanation:

  • Correctness & Article Reference: Article 124(1) of the Constitution states that the Supreme Court shall consist of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than seven other Judges. This clearly indicates that the power to increase the number of judges in the Supreme Court is vested in the Parliament.
  • Context & Elaboration: Parliament has periodically increased the number of judges. For example, originally, the number was 7 (excluding CJI). It was increased to 10 in 1956, 13 in 1960, 17 in 1977, 25 in 1986, 30 in 2009, and most recently to 33 (excluding CJI) in 2019, making the total sanctioned strength 34.
  • Incorrect Options: The President appoints the judges but does not have the power to fix or increase their number. The Chief Justice of India heads the judiciary but does not have legislative power to increase the number of judges. The Law Commission is an advisory body that makes recommendations, but it does not have the power to legislate.

Question 21: Which of the following is a non-constitutional body in India?

  1. Union Public Service Commission
  2. NITI Aayog
  3. Election Commission of India
  4. Comptroller and Auditor General of India

Answer: (b)

Detailed Explanation:

  • Correctness & Article Reference: NITI Aayog (National Institution for Transforming India) is a non-constitutional (extra-constitutional) and non-statutory body. It was established by an executive resolution of the Union Cabinet on January 1, 2015, replacing the Planning Commission.
  • Context & Elaboration: Non-constitutional bodies are those that are not mentioned in the Constitution. They are either created by an executive resolution (like NITI Aayog) or by an act of Parliament (statutory bodies like NHRC, CBI, etc.). NITI Aayog serves as the premier policy ‘Think Tank’ of the Government of India, providing directional and policy inputs.
  • Incorrect Options:
    • Union Public Service Commission (UPSC) is a constitutional body (Article 315-323).
    • Election Commission of India (ECI) is a constitutional body (Article 324).
    • Comptroller and Auditor General of India (CAG) is a constitutional body (Article 148-151).

Question 22: The Panchayati Raj system was constitutionalized through which of the following amendments?

  1. 73rd Amendment Act, 1992
  2. 74th Amendment Act, 1992
  3. 61st Amendment Act, 1989
  4. 42nd Amendment Act, 1976

Answer: (a)

Detailed Explanation:

  • Correctness & Article Reference: The 73rd Constitutional Amendment Act of 1992 gave constitutional status to Panchayati Raj Institutions (PRIs). It added a new Part IX, ‘The Panchayats’, and a new Eleventh Schedule to the Constitution. This amendment made it mandatory for states to establish a three-tier system of Panchayats.
  • Context & Elaboration: This was a significant step towards democratic decentralization and grassroots democracy in India, fulfilling the Directive Principle mentioned in Article 40.
  • Incorrect Options: The 74th Amendment Act (1992) gave constitutional status to Urban Local Bodies (Municipalities) by adding Part IXA and the Twelfth Schedule. The 61st Amendment Act (1989) reduced the voting age from 21 to 18. The 42nd Amendment Act (1976) introduced many changes, including Fundamental Duties.

Question 23: The President of India can issue an ordinance when:

  1. Both Houses of Parliament are in session.
  2. Only one House of Parliament is in session.
  3. Neither House of Parliament is in session.
  4. Either (b) or (c) conditions are met.

Answer: (d)

Detailed Explanation:

  • Correctness & Article Reference: As per Article 123 of the Constitution, the President can promulgate ordinances only when both Houses of Parliament are not in session, or when one of the two Houses is not in session. This power is exercised when circumstances exist that render it necessary for the President to take immediate action.
  • Context & Elaboration: An ordinance has the same force and effect as an Act of Parliament but is temporary in nature. It must be laid before both Houses of Parliament when they reassemble and ceases to operate six weeks from the reassembly of Parliament, or earlier if disapproved by resolutions of both Houses. The maximum life of an ordinance can be six months and six weeks.
  • Incorrect Options: Options (a), (b), and (c) alone are incomplete or incorrect. The President cannot issue an ordinance when both houses are in session because Parliament itself can make laws. The power is specifically for situations where legislative action is required urgently but Parliament is not in a position to legislate.

Question 24: Which of the following constitutional amendments made it mandatory for the President to act in accordance with the advice of the Council of Ministers?

  1. 24th Amendment Act
  2. 42nd Amendment Act
  3. 44th Amendment Act
  4. 52nd Amendment Act

Answer: (b)

Detailed Explanation:

  • Correctness & Article Reference: The 42nd Constitutional Amendment Act of 1976 amended Article 74(1) to state that the President “shall act in accordance with” the advice of the Council of Ministers. This made the advice binding on the President.
  • Context & Elaboration: This amendment solidified the position of the Prime Minister and the Council of Ministers as the real executive head, establishing that the President is merely a constitutional head. However, the 44th Amendment Act of 1978 added a proviso to Article 74(1), enabling the President to require the Council of Ministers to reconsider such advice, but the President “shall act in accordance with the advice tendered after such reconsideration.” This provides a limited discretion to the President.
  • Incorrect Options: The 24th Amendment Act (1971) affirmed Parliament’s power to amend any part of the Constitution, including Fundamental Rights, and made it obligatory for the President to give assent to a Constitutional Amendment Bill. The 44th Amendment Act (1978) introduced the reconsideration clause for the President. The 52nd Amendment Act (1985) introduced the anti-defection law.

Question 25: The members of the UPSC (Union Public Service Commission) can be removed from office by the President on which of the following grounds?

  1. Insolvency
  2. Engages during his term of office in any paid employment outside the duties of his office
  3. Infirmity of mind or body
  4. All of the above

Answer: (d)

Detailed Explanation:

  • Correctness & Article Reference: All the listed grounds are valid for the removal of a UPSC member or Chairman. Article 317 of the Constitution specifies the grounds for removal. A member or the Chairman of UPSC can be removed from office by the President on the following grounds:
    • If he is adjudged an insolvent.
    • If he engages during his term of office in any paid employment outside the duties of his office.
    • If he is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body.
    • For misbehaviour, in which case the matter is referred to the Supreme Court for an inquiry. If the Supreme Court, after inquiry, advises removal, the President must remove him.
  • Context & Elaboration: This stringent removal process, especially the Supreme Court inquiry for misbehaviour, ensures the independence and impartiality of the UPSC, a constitutional body responsible for recruitment to all-India and Central services.
  • Incorrect Options: As all options (a), (b), and (c) are valid grounds for removal, ‘All of the above’ is the correct choice.

सफलता सिर्फ कड़ी मेहनत से नहीं, सही मार्गदर्शन से मिलती है। हमारे सभी विषयों के कम्पलीट नोट्स, G.K. बेसिक कोर्स, और करियर गाइडेंस बुक के लिए नीचे दिए गए लिंक पर क्लिक करें।
[कोर्स और फ्री नोट्स के लिए यहाँ क्लिक करें]

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