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#1. Which of the following is/are among the Fundamental Duties of citizens laid down in the Indian Constitution?
1. To preserve the rich heritage of our composite culture.
2. To protect the weaker sections from social injustice.
3. To develop the scientifi c temper and spirit of inquiry.
4. To strive towards excellence in all spheres of individual and collective activity.
Select the correct answer using the codes given below:
Article 51A of the Constitution enlists Fundamental duties. It shall be the duty of every citizen of India—
1) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;
2) to cherish and follow the noble ideals which inspired our national struggle for freedom;
3) to uphold and protect the sovereignty, unity and integrity of India;
4) to defend the country and render national service when called upon to do so;
5) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;
6) to value and preserve the rich heritage of our composite culture;
7) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;
8) to develop the scientific temper, humanism and the spirit of inquiry and reform;
9) to safeguard public property and to abjure violence;
10) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement;
11) who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.
‘To protect the weaker sections from social injustice’ is not listed as a Fundamental Duty.
#2. Consider the following provisions under the Directive Principles of State Policy as enshrined in the Constitution of India:
1. Securing for citizens of India a uniform civil code.
2. Organizing village Panchayats.
3. Promoting cottage industries in rural areas.
4. Securing for all the workers reasonable leisure and cultural opportunities.
Which of the above Directive Principles of State Policy refl ect Gandhian principles?
The Constitution doesn’t diff erentiate between types of Directive Principles of State Policy but for better understanding of the terms, these can be classifi ed into three broad categories namely, Socialistic, Gandhian and Liberal-intellectual. Gandhian Principles are based on the ideology of Gandhi and strive to fulfi l the dreams of Gandhi and to achieve a Gandhian State. They are refl ected in following provisions
– Article 40: Steps will be taken by the states to organize village panchayats and there will be decentralisation of power and authority, in order to form self-government.
Article 43: State will ensure a living wage to industrial, agriculture workers and ensure a decent workplace to work and to promote cottage industries on an individual or co-operative basis in rural areas.
#3. The ideal of ‘Welfare State’ in the Indian Constitution is enshrined in its
Part IV of the Constitution of India (Article 36–51) contains the Directive Principles of State Policy (DPSP). These principles aim at ensuring socio-economic justice to the people and establishing India as a Welfare State. The Directive Principles constitute a very comprehensive economic, social and political programme for a modern democratic State. They aim at realising the high ideals of justice, liberty, equality and fraternity as outlined in the Preamble to the Constitution. They embody the concept of a ‘welfare state’ and not that of a ‘police state’, which existed during the colonial era. In brief, they seek to establish economic and social democracy in the country
#4. Which of the following statements is/are true of the Fundamental Duties of an Indian citizen?
1. A legislative process has been provided to enforce these duties.
2. They are correlative to legal duties.
Select the correct answer using the code given below:
Statement 1 is incorrect. There is no provision in the Constitution for direct enforcement of any of the Fundamental Duties nor for any sanction to prevent their violation. All the Fundamental Duties under Article 51 A are ‘non-justiciable’.
Statement 2 is incorrect. There is no legislative process to enforce citizens to do their fundamental duties. The legal duty is one which is required to be carried out as per law. So, there is no correlation between both duties. It has been held that these duties being duties of individual citizens cannot be enforced through mandamus.
#5. Which of the following are not necessarily the consequences of the proclamation of the President’s rule in a State?
1. Dissolution of the State Legislative Assembly
2. Removal of the Council of Ministers in the State
3. Dissolution of the local bodies Select the correct answer using the code given below:
Statements 1 and 3 are incorrect. When President’s Rule is imposed in a state, the President dismisses Council of Ministers in the State. Dissolution of the State Legislative Assembly and local bodies is not necessarily a consequence of the proclamation of the President’s rule in a State.
The President either suspends or dissolves the State Legislative Assembly. The President acquires the following extraordinary powers when the President’s Rule is imposed in a state:
1) He can take up the functions of the state government and powers vested in the governor or any other executive authority in the state.
2) He can declare that the powers of the state legislature are to be exercised by the Parliament
3) Therefore, when the President’s Rule is imposed in a state, the President dismisses the state council of ministers headed by the chief minister. The state governor, on behalf of the President, carries on the state administration with the help of the chief secretary of the state or the advisors appointed by the President. Hence, Statement 2 is correct.
#6. Which of the following are envisaged by the Right against Exploitation in the Constitution of India?
1. Prohibition of traffi c in human beings and forced labour
2. Abolition of untouchability
3. Protection of the interests of minorities
4. Prohibition of employment of children in factories and mines
Select the correct answer using the code given below:
The Right against Exploitation under Articles 23 and 24 of the Indian Constitution guarantees the dignity of the individual. Under these –
Article 23 prohibits traffi c in human beings, begar (forced labour) and other similar forms of forced labour. Any contravention of this provision shall be an off ence punishable in accordance with law. This right is available to both citizens and non-citizens. It protects the individual not only against the State but also against private persons Article 24 prohibits the employment of children below the age of 14 years in any factory, mine or other hazardous activities like construction work or railway. But it does not prohibit their employment in any harmless or innocent work.
Abolition of untouchability and protection of the interests of minorities are envisaged under Article 17 and Article 29 of the Constitution respectively.
#7. Consider the following statements:
With reference to the Constitution of India, the Directive Principles of State Policy constitute limitations upon:
1. legislative function.
2. executive function.
Which of the above statements is/are correct?
As Directive Principles of State Policy are not justiciable, they do not constitute limitations upon legislative and executive function of the state. The phrase ‘Directive Principles of State Policy’ denotes the ideals that the State should keep in mind while formulating policies and enacting laws. These are the constitutional instructions or recommendations to the State in legislative, executive and administrative matters. According to Article 36, the term ‘State’ in Part IV has the same meaning as in Part III dealing with Fundamental Rights. Therefore, it includes the legislative and executive organs of the central and state governments, all local authorities and all other public authorities in the country.
#8. Which principle among the following was added to the Directive Principles of State Policy by the 42nd Amendment to the Constitution?
The Directive Principles of State Policy are enumerated in Part IV of the Constitution from Articles 36 to 51. 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 subjectmatter of Article 45 and made elementary education a fundamental right under Article 21 A. The 97th Amendment Act of 2011 added a new Directive Principle relating to cooperative societies
#9. In the context of India, which one of the following is the correct relationship between Rights and Duties?
With reference to the Constitution of India, it can be said that the Rights are correlative with Duties. Every right has a corresponding duty. Th erefore, there can be no duty unless there is someone to whom it is due. There can be no right without a corresponding duty or a duty without a corresponding right. Likewise, every right is right against some person or persons upon whom a correlative duty is imposed. Every right or duty involves a legal obligation by which two or more persons are bound together.
Under Indian Constitution, Part III deals with the Fundamental Rights which are certain basic human rights to its people. Our Constitution as originally enacted did not expressly lay down any Fundamental Duties to be performed by citizens. It was only in 1976 that a specifi c Chapter IV-A was incorporated in the Constitution by a constitutional amendment and Article 51-A was enacted.
The idea behind the incorporation of the Fundamental Duties was to emphasize the obligation of the citizen in exchange of Fundamental Rights enjoyed by them.
#10. Right to Privacy is protected as an intrinsic part of Right to Life and Personal Liberty. Which of the following in the Constitution of India correctly and appropriately imply the above statement?
In Justice K. S. Puttaswamy (Retd) and others vs Union of India (2017), the Supreme Court observed that ‘Right to Privacy’ is an integral part of Right to Life and Personal Liberty guaranteed in Article 21 of the Constitution. A nine-judge bench of the Supreme Court declared that the right to privacy is a Fundamental Right protected under Part III of the Constitution of India. While primarily focused on the individual’s right against the State for violations of their privacy, this landmark judgement had repercussions across both State and non-State actors and is likely to result in the enactment of a comprehensive law on privacy
#11. Which one of the following refl ects the most appropriate relationship between law and liberty?
John Locke said “Where there is no law, there is no freedom…”
Liberty is protected by law, ‘liberty’ means absence of restraints on the activities of individuals, and at the same time, providing opportunities for the development of individuals. Law promotes liberty. The more law there is the, more liberty there is. And as soon as law ends, liberty also ceases to exist. Where there are no laws to protect or provide freedom and liberty, violations of the same take place. Law protects liberty is in several ways. Firstly, the law helps in establishing a civilized society, thereby easing the way of life for individuals. This is done by the creation of a provision for punishment to the criminals. Secondly, it guarantees rights and duties to the citizens and individuals. The state intervenes whenever the rights of an individual are violated by another. Thirdly, the constitution acts as the custodian of liberty. It is the constitution that provides the authority of the state and protects the fundamental rights of the people.
#12. Which Article of the Constitution of India safeguards one’s right to marry the person of one’s choice?
Article 21 of the Constitution of India safeguards one’s right to marry the person of one’s choice.
In 2014, the Supreme Court took suo-motu cognizance of newspaper reports of the gang rape of a 20-year-old Indian woman on the orders of a village court. In this case, Supreme Court held that “an inherent aspect of Article 21 of the Constitution would be the freedom of choice in marriage”. This was reiterated by Supreme court in 2017. The choice of a partner whether within or outside marriage lies within the exclusive domain of each individual. Intimacies of marriage lie within a core zone of privacy, which is inviolable. The absolute right of an individual to choose a life partner is not in the least aff ected by matters of faith. The Constitution guarantees to each individual the right freely to practise, profess and propagate religion.
#13. In the context of polity, which one of the following would you accept as the most appropriate defi nition of liberty?
The term ‘liberty’ means the absence of restraints on the activities of individuals, and at the same time, providing opportunities for the development of individual personalities. The Preamble of Constitution of India provides for liberty of thought, expression, belief, faith and worship. Thus, in context of polity, liberty provides for an opportunity to develop oneself fully.
#14. Which one of the following categories of Fundamental Rights incorporate protection against untouchability as a form of discrimination?
Right to Equality (Article 14 -18) protects the citizens against any discrimination by the State on the basis of religion, caste, race, sex, or place of birth. Under Article 17 of the Constitution of India, Untouchability is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of untouchability shall be an off ence punishable in accordance with law. In 1976, the Untouchability (Off ences) Act, 1955 has been comprehensively amended and renamed as the Protection of Civil Rights Act, 1955 to enlarge the scope and make penal provisions more stringent. The act defi nes civil right as any right accruing to a person by reason of the abolition of untouchability by Article 17 of the Constitution. However, the term ‘untouchability’ has not been defi ned either in the Constitution or in the Act.
#15. With reference to the provisions contained in Part IV of the Constitution of India, which of the following statements is/are correct?
1. They shall be enforceable by courts.
2. They shall not be enforceable by any court.
3. The principles laid down in this part are to infl uence the making of laws by the State.
Select the correct answer using the code given below:
Directive Principles of State Policy (DPSP) are enshrined in Part-IV (Article 36 to 51) of the Constitution. Statement 1 is incorrect and statement 2 is correct. Article 37 of the Constitution states that the provisions contained in this Part (IV) shall not be enforceable by any court.
Statement 3 is correct. The principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws. Hence, they impose a moral obligation on the state authorities for their application. Limitations of Part IV of the Indian Constitution:
1) No Legal Force: The DPSP are non-justiciable in nature i.e. they are not legally enforceable by the courts for their violation.
2) Constitutional Conflict: DPSP leads to constitutional confl ict between Centre and states, Centre and President, Chief Minister and governor.
3) Conflict with Fundamental rights: Th ey can be amended to implement the fundamental rights. 4) Constitutional validity: A law cannot be struck down by courts for violating DPSP.
#16. Consider the following Statements:
1. A bill amending the Constitution requires a prior recommendation of the Président of India.
2. When a Constitution Amendment Bill is presented to the President of India, it is obligatory for the President of India to give his/ her assent.
3. A Constitution Amendment Bill must be passed by both the Lok Sabha and the Rajya Sabha by a special majority and there is no provision for joint sitting.
Which of the statements given above are correct?
Statement 1 is incorrect: Constitution Amendment Bill can be introduced either by a minister or by a private member and does not require prior permission from the President.
Statement 2 is correct: The 24th Amendment of the Indian Constitution amended Article 368 to provide expressly that Parliament has the power to amend any provision of the Constitution. Th e amendment further made it obligatory for the President to give his assent when a Constitution Amendment Bill was presented to him.
Statement 3 is correct: Article 368 of the Indian constitution requires that the constitution of India can be amended by both houses of parliament by a 2/3 majority(special majority). In case of disagreement between both houses, there is no provision to summon a joint session of parliament. The reasoning behind this is so as to not let the running government’s majority in Lok Sabha undermine the Rajya Sabha in a joint sitting.
#17. Right to vote and to be elected in India is a:
The right to vote has been recognised under Article 326 of the Indian Constitution and thus it is a Constitutional Right. India is a democratic country and right to vote and to be elected is granted to every citizen of India under the Constitution of India. Under Article 326 of the Constitution of India it is provided that “The elections to the House of the People and to the Legislative Assembly of every State shall be on the basic of adult suff rage; that is to say every person who is a citizen of India and who is not less than eighteen years of age and is not disqualifi ed on the ground of non-residence, unsoundness of mind, crime or corrupt or illegal practice shall be entitled to be registered as a voter”.
Under Section 62 of the Representation of the People Act, 1951 it is provided that “every person who is, for the time being entered in the electoral roll of any constituency shall be entitled to vote in that constituency”.
In simple words “every Citizen of India who is not less than eighteen years of age is entitled to get enrolled into electoral roll and is entitled to vote in the constituency in which his name is entered in the electoral roll irrespective of caste, creed, religion or gender unless he is disqualifi ed under the Constitution or any other law on the ground of non-residence, unsoundness of mind, crime or corrupt or illegal practice.