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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।

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Master Indian Polity: Can You Ace Today’s Challenge?

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Master Indian Polity: Can You Ace Today’s Challenge?

Welcome, aspiring civil servants and constitutional enthusiasts! Today, we delve deep into the bedrock of our democracy – the Indian Constitution. Understanding its intricate framework is not just crucial for exams but empowers you to be an informed citizen. Gear up to test your conceptual clarity and analytical prowess with our specially curated set of 25 challenging questions.

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 regarding the Preamble of the Indian Constitution is/are correct?

  1. It is a source of power to the legislature.
  2. It is non-justiciable.
  3. It can be amended, provided the basic structure is not altered.
  4. Both (b) and (c)

Answer: (D)

Detailed Explanation:

  • Correctness & Article Reference: The Preamble is non-justiciable, meaning its provisions cannot be enforced in a court of law. This aspect was affirmed in various Supreme Court judgments. Furthermore, the Supreme Court, in the Kesavananda Bharati case (1973), held that the Preamble is a part of the Constitution and can be amended under Article 368, but its ‘basic structure’ cannot be altered. Therefore, both (b) and (c) are correct.
  • Context & Elaboration: The Preamble serves as an introduction to the Constitution and embodies the fundamental values and philosophy on which the Constitution is based. It is a key to understanding the intent of the framers. It is descriptive of the nature of the Indian state (Sovereign, Socialist, Secular, Democratic, Republic) and the objectives of the Constitution (Justice, Liberty, Equality, Fraternity).
  • Incorrect Options: Option (a) is incorrect because the Preamble is not a source of power to the legislature; rather, it specifies the objectives that the Constitution aims to achieve. Legislative powers are derived from specific articles of the Constitution.

Question 2: The concept of ‘Judicial Review’ in India is derived from:

  1. The British Constitution
  2. The American Constitution
  3. The Irish Constitution
  4. The Canadian Constitution

Answer: (B)

Detailed Explanation:

  • Correctness & Article Reference: The concept of ‘Judicial Review’ in the Indian Constitution is largely inspired by the American Constitution. Although not explicitly mentioned, the power of judicial review is implicitly derived from various articles like Article 13, Articles 32, and Articles 226, which empower the Supreme Court and High Courts to declare laws or executive actions void if they violate the provisions of the Constitution.
  • Context & Elaboration: Judicial review allows the judiciary to examine the constitutionality of legislative enactments and executive orders of both the Central and State Governments. It is a vital component of the basic structure of the Constitution, ensuring the supremacy of the Constitution and protecting the fundamental rights of citizens.
  • Incorrect Options: The British Constitution is largely unwritten and does not have a formal system of judicial review in the American sense. The Irish Constitution influenced the Directive Principles of State Policy, and the Canadian Constitution influenced the concept of a strong Centre and Residuary Powers.

Question 3: Which of the following Fundamental Rights is available only to citizens of India and not to foreigners?

  1. Equality before law (Article 14)
  2. Protection in respect of conviction for offences (Article 20)
  3. Freedom of speech and expression (Article 19)
  4. Protection of life and personal liberty (Article 21)

Answer: (C)

Detailed Explanation:

  • Correctness & Article Reference: Article 19, which guarantees six rights regarding freedom of speech and expression, assembly, association, movement, residence, and profession, is available only to citizens of India. Foreigners do not enjoy these rights.
  • Context & Elaboration: Fundamental Rights are broadly categorized into those available to all persons (citizens and non-citizens) and those available only to citizens. Articles 14, 20, 21, 21A, 22, 23, 24, 25, 26, 27, and 28 are available to all persons, including foreigners. Articles 15, 16, 19, 29, and 30 are exclusively for citizens.
  • Incorrect Options: Articles 14 (Equality before law), 20 (Protection in respect of conviction for offences), and 21 (Protection of life and personal liberty) are fundamental rights available to both citizens and foreigners, albeit with some nuances in their application.

Question 4: The ‘Procedure Established by Law’ as enshrined in Article 21 of the Indian Constitution means:

  1. A law duly enacted by the legislature.
  2. A procedure that is just, fair, and reasonable.
  3. A procedure that conforms to the principles of natural justice.
  4. A procedure that is both duly enacted and just, fair, and reasonable.

Answer: (D)

Detailed Explanation:

  • Correctness & Article Reference: Initially, ‘Procedure Established by Law’ in Article 21 was interpreted by the Supreme Court in A.K. Gopalan case (1950) to mean simply a law enacted by the legislature, without judging its fairness. However, in the landmark Maneka Gandhi case (1978), the Supreme Court overturned its previous interpretation, holding that the ‘procedure established by law’ must be just, fair, and reasonable, and not arbitrary. This incorporated the American concept of ‘Due Process of Law’ into Article 21.
  • Context & Elaboration: Article 21 states that “No person shall be deprived of his life or personal liberty except according to procedure established by law.” The Maneka Gandhi judgment significantly expanded the scope of Article 21, making it a powerful safeguard for individual liberties against arbitrary state action and laying the foundation for many implied rights like the right to privacy.
  • Incorrect Options: Option (a) represents the narrow interpretation before the Maneka Gandhi judgment. Options (b) and (c) only cover the ‘just, fair, and reasonable’ aspect but don’t explicitly include the requirement of a duly enacted law, which is also essential. Hence, (d) provides the comprehensive and current interpretation.

Question 5: Which of the following Directive Principles of State Policy (DPSP) was added to the Constitution by the 42nd Amendment Act of 1976?

  1. Promotion of co-operative societies (Article 43B)
  2. Equal justice and free legal aid (Article 39A)
  3. Living wage, etc., for workers (Article 43)
  4. Uniform Civil Code for the citizens (Article 44)

Answer: (B)

Detailed Explanation:

  • Correctness & Article Reference: The 42nd Amendment Act of 1976, often called the ‘Mini-Constitution,’ added four new Directive Principles to the Constitution. One of them was Article 39A, which mandates the State to promote equal justice and provide free legal aid to the poor.
  • Context & Elaboration: The other DPSP added by the 42nd Amendment were:
    * To secure opportunities for healthy development of children (Article 39).
    * To take steps to secure the participation of workers in the management of industries (Article 43A).
    * To protect and improve the environment and to safeguard forests and wildlife (Article 48A).
  • Incorrect Options: Article 43B (Promotion of co-operative societies) was added by the 97th Amendment Act of 2011. Article 43 (Living wage, etc., for workers) and Article 44 (Uniform Civil Code) were part of the original Constitution.

Question 6: The President of India can be removed from office by a process of impeachment for ‘violation of the Constitution’. The impeachment proceedings can be initiated in:

  1. Lok Sabha only
  2. Rajya Sabha only
  3. Either House of Parliament
  4. A joint sitting of Parliament

Answer: (C)

Detailed Explanation:

  • Correctness & Article Reference: As per Article 61 of the Indian Constitution, the impeachment proceedings against the President for violation of the Constitution can be initiated in either House of Parliament. The resolution must be signed by at least one-fourth of the total number of members of the House and given 14 days’ notice to the President.
  • Context & Elaboration: The resolution for impeachment must be passed by a majority of not less than two-thirds of the total membership of that House. After such a resolution is passed, it is sent to the other House, which investigates the charge. If the other House also passes the resolution by a two-thirds majority of its total membership, the President stands removed from office from the date on which the resolution is so passed.
  • Incorrect Options: Options (a) and (b) are incorrect as impeachment can start in either house. Option (d) is incorrect; a joint sitting (Article 108) is for resolving deadlocks over ordinary legislation, not for impeachment.

Question 7: Which of the following statements about the Vice-President of India is NOT correct?

  1. The Vice-President is elected by an electoral college consisting of members of both Houses of Parliament.
  2. He is the ex-officio Chairman of the Rajya Sabha.
  3. He can be removed by a resolution passed by a majority of all the then members of the Rajya Sabha and agreed to by the Lok Sabha.
  4. He performs the functions of the President when the President is ill or unable to discharge his duties for any reason, but not when the President’s office falls vacant.

Answer: (D)

Detailed Explanation:

  • Correctness & Article Reference: Option (d) is incorrect. The Vice-President performs the functions of the President not only when the President is ill or unable to discharge duties but also when the office of President falls vacant due to resignation, removal, death, or otherwise (Article 65). In such cases, the Vice-President acts as President until a new President is elected and assumes office.
  • Context & Elaboration:
    * Option (a) is correct: Article 66(1) states the Vice-President is elected by an electoral college comprising members of both Houses of Parliament (all members, elected and nominated).
    * Option (b) is correct: Article 64 states the Vice-President shall be ex-officio Chairman of the Council of States (Rajya Sabha).
    * Option (c) is correct: Article 67(b) describes the removal process. The resolution must originate in the Rajya Sabha.
  • Incorrect Options: The statement in (d) is partially correct but fundamentally flawed by stating “but not when the President’s office falls vacant.” The Vice-President *does* act as President when the office falls vacant.

Question 8: The ‘Council of Ministers’ is collectively responsible to the:

  1. President
  2. Prime Minister
  3. Lok Sabha
  4. Parliament

Answer: (C)

Detailed Explanation:

  • Correctness & Article Reference: As per Article 75(3) of the Constitution, the Council of Ministers is collectively responsible to the House of the People (Lok Sabha). This means that they stand or fall together. If a no-confidence motion is passed against the Council of Ministers in the Lok Sabha, the entire Council of Ministers has to resign.
  • Context & Elaboration: This principle of collective responsibility is the bedrock of the parliamentary system of government. It ensures accountability of the executive to the popular house of the legislature. While ministers are individually responsible to the President, the collective responsibility to the Lok Sabha is paramount.
  • Incorrect Options: The Council of Ministers is individually responsible to the President, but not collectively. The Prime Minister is the head of the Council but not the body to which they are collectively responsible. ‘Parliament’ is too broad, as collective responsibility specifically applies to the Lok Sabha.

Question 9: The maximum strength of the Lok Sabha is fixed at 550. Out of these, how many members can represent the Union Territories?

  1. 10
  2. 15
  3. 20
  4. 25

Answer: (C)

Detailed Explanation:

  • Correctness & Article Reference: Article 81 of the Constitution deals with the composition of the Lok Sabha. It states that the maximum strength of the Lok Sabha is 550 members, which includes up to 530 members from states and up to 20 members from Union Territories. The provision for Anglo-Indian nominated members (up to 2) was removed by the 104th Amendment Act, 2019.
  • Context & Elaboration: The allocation of seats to the States and Union Territories is done on the basis of population, ensuring uniformity of representation. The Parliament is empowered to make laws for the representation of Union Territories in the Lok Sabha.
  • Incorrect Options: Options (a), (b), and (d) are incorrect based on the constitutional provision for the maximum representation from Union Territories.

Question 10: Which of the following special powers has been conferred on the Rajya Sabha by the Constitution of India?

  1. To decide on Money Bills.
  2. To initiate impeachment proceedings against the President.
  3. To approve resolutions for the creation of new All-India Services.
  4. To pass a resolution for the removal of the Judges of the Supreme Court.

Answer: (C)

Detailed Explanation:

  • Correctness & Article Reference: Article 312 grants the Rajya Sabha the exclusive power to pass a resolution by a two-thirds majority of its members present and voting, declaring that it is necessary or expedient in the national interest to create one or more All-India Services common to the Union and the States.
  • Context & Elaboration: Rajya Sabha, being the representative of the states, has special powers reflecting its federal character. Besides Article 312, it also has a special power under Article 249 to authorize Parliament to make laws on a subject enumerated in the State List (for a period of one year, extendable) if it is in the national interest.
  • Incorrect Options:
    * (a) Money Bills (Article 110) can only be introduced in the Lok Sabha, and Rajya Sabha has limited powers over them.
    * (b) Impeachment proceedings against the President (Article 61) can be initiated in either House.
    * (d) Resolution for the removal of Supreme Court judges (Article 124(4)) can also be initiated in either House of Parliament.

Question 11: The power to increase the number of judges in the Supreme Court of India is vested in the:

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

Answer: (C)

Detailed Explanation:

  • Correctness & Article Reference: Article 124(1) of the Constitution states that “There shall be a Supreme Court of India consisting of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than seven other Judges.” This explicitly vests the power to increase the number of Supreme Court judges in the Parliament.
  • Context & Elaboration: Over the years, Parliament has increased the number of Supreme Court judges through legislation to cope with the increasing caseload. For example, the original strength was 1+7 = 8. It was increased to 1+10=11 in 1956, 1+13=14 in 1960, 1+17=18 in 1978, 1+25=26 in 1986, 1+30=31 in 2009, and 1+33=34 in 2019.
  • Incorrect Options: The President appoints judges but does not determine their number. The Chief Justice of India may recommend, but the power lies with Parliament. The Law Commission can recommend, but it does not have the power to legislate.

Question 12: Which of the following is NOT a characteristic of a federal system?

  1. Division of powers between Centre and States.
  2. Written Constitution.
  3. Independent Judiciary.
  4. Single Citizenship.

Answer: (D)

Detailed Explanation:

  • Correctness & Article Reference: Single citizenship is a characteristic feature of a unitary form of government, while a federal system often (though not exclusively) allows for dual citizenship (e.g., USA). India, despite being a federation, has a single citizenship, which is a unitary feature, as per Article 5 to 11 of the Constitution.
  • Context & Elaboration: A federal system typically involves a dual government (Centre and states), division of powers between them (Seventh Schedule), a written Constitution (supremacy of Constitution), an independent judiciary (to interpret the Constitution and resolve disputes), and a bicameral legislature. India is described as a ‘quasi-federal’ state due to its blend of federal and unitary features.
  • Incorrect Options: Options (a), (b), and (c) are all fundamental characteristics of a federal system. Division of powers is crucial for defining the scope of central and state authority. A written Constitution ensures clarity on these divisions, and an independent judiciary is necessary to uphold the Constitution and resolve disputes between the different levels of government.

Question 13: Under which Article of the Constitution can a Governor reserve a Bill for the consideration of the President?

  1. Article 163
  2. Article 200
  3. Article 201
  4. Article 213

Answer: (B)

Detailed Explanation:

  • Correctness & Article Reference: Article 200 of the Constitution empowers the Governor to assent to a Bill passed by the State Legislature, withhold assent, or reserve the Bill for the consideration of the President.
  • Context & Elaboration: The Governor is bound to reserve certain types of Bills for the President’s consideration, such as those which might endanger the position of the High Court or those that deal with compulsory acquisition of property. The President’s power to assent to a reserved Bill is outlined in Article 201. The President can assent, withhold assent, or direct the Governor to return the Bill to the state legislature for reconsideration.
  • Incorrect Options: Article 163 deals with the Council of Ministers to aid and advise the Governor. Article 201 deals with the President’s assent to Bills reserved by the Governor. Article 213 deals with the Governor’s power to promulgate ordinances.

Question 14: The Sarkaria Commission was appointed by the Government of India to examine and review the working of:

  1. Financial relations between Centre and States.
  2. Centre-State relations in general.
  3. Inter-state water disputes.
  4. Emergency provisions.

Answer: (B)

Detailed Explanation:

  • Correctness & Article Reference: The Sarkaria Commission was set up in 1983 by the Central Government to examine the relationship and balance of power between the Centre and States. Its mandate was comprehensive, covering legislative, administrative, and financial relations.
  • Context & Elaboration: Chaired by Justice R.S. Sarkaria, a retired judge of the Supreme Court, the Commission submitted its report in 1987. It made 247 recommendations, many of which were accepted and implemented, influencing the course of Centre-State relations in India. Its recommendations focused on strengthening federalism without undermining the unity and integrity of the country.
  • Incorrect Options: While financial relations are part of Centre-State relations, the Commission’s scope was broader than just finance. Inter-state water disputes are governed by specific articles (like Article 262) and separate tribunals. Emergency provisions are covered under Part XVIII of the Constitution.

Question 15: Who among the following holds office ‘during the pleasure of the President of India’?

  1. Attorney General of India
  2. Chief Election Commissioner
  3. Comptroller and Auditor General of India
  4. Chairman of the Union Public Service Commission

Answer: (A)

Detailed Explanation:

  • Correctness & Article Reference: Article 76(4) states that the Attorney General for India shall hold office during the pleasure of the President and shall receive such remuneration as the President may determine. This means the Attorney General can be removed by the President at any time without any specific constitutional grounds or parliamentary procedure.
  • Context & Elaboration: The ‘pleasure of the President’ clause signifies that these officeholders do not have a fixed tenure and can be removed by the President at any time. This is contrasted with other high constitutional functionaries who enjoy security of tenure and can only be removed through a rigorous impeachment-like process.
  • Incorrect Options:
    * The Chief Election Commissioner (Article 324) can be removed in the same manner and on the same grounds as a judge of the Supreme Court.
    * The Comptroller and Auditor General of India (Article 148) can also be removed in the same manner as a judge of the Supreme Court.
    * The Chairman of the Union Public Service Commission (Article 317) can be removed by the President under specific grounds (like misbehaviour or infirmity of mind/body) after an inquiry by the Supreme Court. These positions are provided security of tenure to ensure their independence.

Question 16: The Finance Commission is constituted by the President of India every fifth year or at such earlier time as he considers necessary. Its main function is to:

  1. Prepare the annual budget of the Union Government.
  2. Advise the President on the distribution of net proceeds of taxes between the Union and the States.
  3. Oversee the expenditure of both the Union and State Governments.
  4. Recommend grants-in-aid from the Consolidated Fund of India to various Ministries.

Answer: (B)

Detailed Explanation:

  • Correctness & Article Reference: Article 280 of the Constitution provides for a Finance Commission. Its primary function is to make recommendations to the President regarding the distribution of net proceeds of taxes between the Union and the States, and the principles which should govern the grants-in-aid of the revenues of the States out of the Consolidated Fund of India.
  • Context & Elaboration: The Finance Commission is a quasi-judicial body and its recommendations play a crucial role in vertical (between Centre and States) and horizontal (among States) devolution of financial resources, thereby impacting fiscal federalism in India.
  • Incorrect Options:
    * (a) The annual budget is prepared by the Ministry of Finance.
    * (c) The Comptroller and Auditor General (CAG) oversees government expenditure.
    * (d) While the Finance Commission recommends grants-in-aid, its main function is the broader distribution of tax proceeds, and ‘various Ministries’ is too narrow as it specifically deals with States.

Question 17: Which of the following constitutional amendments made the right to education a fundamental right?

  1. 73rd Amendment Act, 1992
  2. 86th Amendment Act, 2002
  3. 91st Amendment Act, 2003
  4. 101st Amendment Act, 2016

Answer: (B)

Detailed Explanation:

  • Correctness & Article Reference: The 86th Amendment Act of 2002 inserted Article 21A into the Constitution, making education a fundamental right for children between 6 and 14 years of age. It mandates the State to provide free and compulsory education to all children in this age group.
  • 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. Additionally, it added a new Fundamental Duty under Article 51A (k), obliging parents/guardians to provide educational opportunities to their child/ward. This amendment laid the groundwork for the Right to Education (RTE) Act, 2009.
  • Incorrect Options:
    * The 73rd Amendment Act, 1992, added Part IX and the Eleventh Schedule, establishing Panchayati Raj Institutions.
    * The 91st Amendment Act, 2003, limited the size of the Council of Ministers and debarred defectors from being ministers.
    * The 101st Amendment Act, 2016, introduced the Goods and Services Tax (GST).

Question 18: The Panchayati Raj System was first adopted by which two states in India?

  1. Andhra Pradesh and Rajasthan
  2. Rajasthan and Gujarat
  3. Andhra Pradesh and Bihar
  4. Rajasthan and Uttar Pradesh

Answer: (A)

Detailed Explanation:

  • Correctness & Article Reference: The Panchayati Raj system was first inaugurated by Prime Minister Jawaharlal Nehru on October 2, 1959, at Nagaur in Rajasthan. Shortly thereafter, Andhra Pradesh became the second state to adopt the system.
  • Context & Elaboration: The establishment of Panchayati Raj institutions was based on the recommendations of the Balwant Rai Mehta Committee (1957), which advocated for a three-tier Panchayati Raj system. These early initiatives were voluntary. It was much later, with the 73rd Constitutional Amendment Act of 1992, that Panchayati Raj institutions were given constitutional status, making their establishment mandatory across India.
  • Incorrect Options: While other states adopted Panchayati Raj systems later, Rajasthan and Andhra Pradesh were the pioneers.

Question 19: 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: Article 131 of the Constitution grants the Supreme Court exclusive original jurisdiction in disputes between:
    * the Government of India and one or more States;
    * the Government of India and any State or States on one side and one or more other States on the other side; or
    * between two or more States.
  • Context & Elaboration: Original jurisdiction means that the Supreme Court has the power to hear such cases in the first instance, and no other court can hear such disputes. This role is crucial for upholding the federal structure of India.
  • Incorrect Options:
    * Advisory jurisdiction (Article 143) involves the President seeking the Supreme Court’s opinion on questions of law or fact.
    * Appellate jurisdiction (Articles 132-136) involves hearing appeals against judgments of lower courts.
    * Writ jurisdiction (Article 32) is for the enforcement of fundamental rights.

Question 20: A ‘Money Bill’ can be introduced in:

  1. Either House of Parliament
  2. Lok Sabha only
  3. Rajya Sabha only
  4. A joint sitting of Parliament

Answer: (B)

Detailed Explanation:

  • Correctness & Article Reference: As per Article 109(1) of the Constitution, a Money Bill can only be introduced in the Lok Sabha (House of the People) and not in the Rajya Sabha (Council of States).
  • Context & Elaboration: The Lok Sabha has significant supremacy over Money Bills. After a Money Bill is passed by the Lok Sabha, it is transmitted to the Rajya Sabha for its recommendations. The Rajya Sabha must return the Bill within 14 days, failing which it is deemed to have been passed by both Houses. The Lok Sabha is not bound by the recommendations of the Rajya Sabha. The Speaker of the Lok Sabha certifies whether a Bill is a Money Bill (Article 110).
  • Incorrect Options: Options (a) and (c) are incorrect as Money Bills are exclusively introduced in the Lok Sabha. Option (d) is incorrect; a joint sitting is not held for Money Bills as the Lok Sabha has overriding powers.

Question 21: The 103rd Constitutional Amendment Act of 2019 relates to:

  1. Reservation for women in Panchayats.
  2. Reservation for Economically Weaker Sections (EWS).
  3. National Commission for Backward Classes (NCBC) as a constitutional body.
  4. Goods and Services Tax (GST).

Answer: (B)

Detailed Explanation:

  • Correctness & Article Reference: The 103rd Constitutional Amendment Act, 2019, inserted Articles 15(6) and 16(6) to provide for a 10% reservation for Economically Weaker Sections (EWS) in government jobs and educational institutions. This reservation is in addition to the existing reservations for SCs, STs, and OBCs.
  • Context & Elaboration: This amendment enabled the state to make special provisions for the advancement of any economically weaker sections of citizens, including those in admission to educational institutions (private or unaided) and in appointments to posts under the state, based on economic criteria.
  • Incorrect Options:
    * Reservation for women in Panchayats was established by the 73rd Amendment Act, 1992.
    * The National Commission for Backward Classes (NCBC) was made a constitutional body by the 102nd Amendment Act, 2018.
    * The Goods and Services Tax (GST) was introduced by the 101st Amendment Act, 2016.

Question 22: Which of the following constitutional amendment acts reduced the voting age from 21 years to 18 years?

  1. 42nd Amendment Act
  2. 61st Amendment Act
  3. 73rd Amendment Act
  4. 86th Amendment Act

Answer: (B)

Detailed Explanation:

  • Correctness & Article Reference: The 61st Constitutional Amendment Act, 1988, amended Article 326 of the Constitution, which deals with elections to the House of the People and to the Legislative Assemblies of States. It reduced the voting age for elections to the Lok Sabha and the State Legislative Assemblies from 21 years to 18 years.
  • Context & Elaboration: This amendment was a significant step towards enabling greater participation of the youth in the democratic process and empowering them with the right to choose their representatives.
  • Incorrect Options:
    * The 42nd Amendment Act, 1976, was a comprehensive amendment (Mini-Constitution).
    * The 73rd Amendment Act, 1992, granted constitutional status to Panchayati Raj Institutions.
    * The 86th Amendment Act, 2002, made the Right to Education a fundamental right.

Question 23: In India, the concept of a ‘Public Interest Litigation’ (PIL) has emerged from:

  1. Parliamentary legislation.
  2. Judicial activism.
  3. Executive orders.
  4. A specific provision in the original Constitution.

Answer: (B)

Detailed Explanation:

  • Correctness & Article Reference: Public Interest Litigation (PIL) is a product of judicial activism by the Supreme Court and High Courts. It originated in the late 1970s and early 1980s, primarily through the efforts of Justices P.N. Bhagwati and V.R. Krishna Iyer. While not explicitly mentioned in the Constitution, it is exercised under the writ jurisdiction of the Supreme Court (Article 32) and High Courts (Article 226).
  • Context & Elaboration: PIL allows any public-spirited citizen or organization to approach the court on behalf of those whose rights are violated but who cannot approach the court themselves due to poverty, illiteracy, or social/economic disadvantage. It has played a crucial role in expanding the scope of justice, particularly in matters of human rights, environmental protection, and governance.
  • Incorrect Options: PIL is not derived from parliamentary legislation, executive orders, or a specific original constitutional provision. It’s an innovative tool developed by the judiciary to ensure access to justice for the marginalized.

Question 24: Which of the following bodies is a statutory body, not a constitutional body?

  1. Election Commission of India
  2. Union Public Service Commission
  3. National Human Rights Commission
  4. Comptroller and Auditor General of India

Answer: (C)

Detailed Explanation:

  • Correctness & Article Reference: The National Human Rights Commission (NHRC) is a statutory body, established under the Protection of Human Rights Act, 1993. Statutory bodies are created by an act of Parliament or a State Legislature, not directly by the Constitution.
  • Context & Elaboration:
    * Constitutional bodies are those specifically mentioned and provided for in the Constitution (e.g., Election Commission – Article 324, UPSC – Articles 315-323, CAG – Article 148, Finance Commission – Article 280, Attorney General – Article 76).
    * Statutory bodies are created by statutes (Acts of Parliament). Examples include NHRC, Central Vigilance Commission (CVC), National Green Tribunal (NGT), etc.
    * Non-statutory/Extra-constitutional bodies are created by executive resolution without any legislative backing (e.g., NITI Aayog).
  • Incorrect Options: The Election Commission, UPSC, and CAG are all constitutional bodies, having their provisions directly in the Constitution, granting them significant independence and authority.

Question 25: What is the maximum duration for which a proclamation of Emergency under Article 352 (National Emergency) can remain in force without parliamentary approval for its continuation?

  1. One month
  2. Two months
  3. Six months
  4. One year

Answer: (A)

Detailed Explanation:

  • Correctness & Article Reference: As per Article 352(4) of the Constitution (as amended by the 44th Amendment Act, 1978), a proclamation of National Emergency must be approved by both Houses of Parliament by a special majority within one month from the date of its issue. If approved, it can continue for six months, and can be extended for another six months with parliamentary approval, indefinitely. If the Lok Sabha is dissolved at the time of proclamation, or within one month, the proclamation remains valid for 30 days from the first sitting of the Lok Sabha after its reconstitution, provided the Rajya Sabha has approved it.
  • Context & Elaboration: The 44th Amendment Act (1978) significantly restricted the powers of the executive during an emergency, incorporating safeguards such as the requirement of ‘armed rebellion’ instead of ‘internal disturbance’ and stringent parliamentary approval mechanisms, largely in response to the misuse of emergency powers in 1975.
  • Incorrect Options: Two months was the original period before the 44th Amendment. Six months is the duration for which it can be continued *after* parliamentary approval, not before. One year is incorrect in this context.

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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