Introduction to the Constitution Flashcards
- Which one of the following statements best reflects the Chief purpose of the ‘Constitution’ of a country?
[UPSC CSE Pre 2023]
(a) It determines the objective for the making of necessary laws.
(b) It enables the creation of political offices and a government.
(c) It defines and limits the powers of government.
(d) It secures social justice, social equality and social security.
- Solution: (c)
Exp) Option c is the correct answer
Option c is correct:
The Constitution contains the basic principles and laws of a nation that determine the powers and duties of the government. A constitution serves multiple purposes. It provides a legitimate legal and political basis for the Government to propose and enact laws, organising public service and settling disputes.
Although the Constitution determines the objectives (DPSP) for the making of necessary laws and aims to promote social, economic and political democracy, its chief purpose is to limit the power of government. In fact the Constitutional government is by definition limited government.
- Consider the following statements in respect of the Constitution Day:
Statement-I:
The Constitution Day is celebrated on 26th November every year to promote constitutional values among citizens.
Statement-II:
On 26th November, 1949, the Constituent Assembly of India set up a Drafting Committee under the Chairmanship of Dr. B.R. Ambedkar to prepare a Draft Constitution of India.
Which one of the following is correct in respect of the above statements?
[UPSC CSE Pre 2023]
(a) Both Statement-I and Statement-II are correct and Statement- I is the correct explanation for Statement-I
(b) Both Statement- I and Statement-11 are correct and Statement-II is not the correct explanation for Statement-!
(c) Statement-I is correct but Statement-II is incorrect
(d) Statement-I is incorrect but Statement-II is correct
- Solution: (c)
Exp) Option c is the correct answer
The Constituent Assembly of India was constituted in November 1946 under the scheme formulated by the Cabinet Mission Plan,1946. The assembly deliberated on the matters related to formation and provisions of the Constitution of India.
Statement 1 is correct: In India, the Constitution Day is celebrated in India on 26 November every year to commemorate the adoption of the Constitution of India and also it was celebrated to promote the constitutional values among the citizens of India.
Statement 2 is incorrect: On 29 August 1947, the Constituent Assembly set up ii Drafting Committee under the Chairmanship of Dr. B.R. Ambedkar, to prepare a Draft Constitution for India. On 26 November 1949, the Constituent Assembly (1f India adopted the Constitution of India, and it came into effect on 26 January 1950.
- Which one of the following factors constitutes the best safeguard of liberty in a liberal democracy? [UPSC CSE Pre. 2021]
(a) A committed judiciary
(b) Centralization of powers
(c) Elected government
(d) Separation of powers
- Solution: (d)
Exp) Option dis the correct answer.
The Separation of powers between the legislature, the executive and the judici,uy constitute an important safeguard of liberty in a liberal democrncy. The doctrine of Separation of powers entails the division of the legislative, executive, and judicial functions of government among different orgam. This separation minimizes the possibility of nrbitrary excesses by the government, since all the three organs net as check and balance on the powers of each other. Therefore, none of the three organs can usurp the essential functions of other organs.
This demarcation prevents the concentration of excessive power by any brnnch of the Government. It thus helps to safeguard the liberty and rights of the people in a democracy.
- With reference to India, consider the following statements:
- There is only one citizenship and one domicile.
- A Citizen by birth only can become the Head of State.
- A foreigner once granted the citizenship cannot be deprived of it under any circumstance.
Which of the statements given above is/are correct? [UPSC CSE Pre 2021]
(a) 1 only
(b) 2 only
(c) 1 and 3
(d) 2 and 3
- Solution: (a)
Exp) Option a is the correct answer.
Statement 1 is correct. The Indian Constitution provides for only n single citizenship, that is, the Indian citizenship. The citizens in India owe allegiance only to the Union. There is no separate state citizenship. Also, when an Indian citizen voluntarily acquires the citizenship of another country, his Indian citizenship automatically terminates.
There is only one domicile allowed in India. Domicile Certificate can be made only in one State/UT. In 2010, the Uttarakhand High Court declared that there is no separate domicile for each State and there is only one domicile for the entire country.
Statement 2 is incorrect. The President is the Head of the Indian State. In India, both a citizen by birth as well as a naturalised citizen are eligible for the office of President. Thus, a naturalized citizen can become the Head of the State in India.
This is different from USA, where only a citizen by birth (and not a naturalised citizen) is eligible for the office of President.
Statement 3 is incorrect. A foreigner, who has been earlier granted Indian citizenship, can be deprived of his citizenship.
- What was the exact constitutional status of India on 26th January, 1950
[UPSC CSE Pre 2021]
(a) A Democratic Republic
(b) A Sovereign Democratic Republic
(c) A sovereign Secular Democratic
(d) A sovereign Socialist secular Democratic Republic
- Solution: (b)
Exp) Option bis the correct answer.
The original Preamble, adopted by the Constituent Assembly on 26th November, 1949 and came into force on 26th January 1950, declared India as a “Sovereign Democratic Republic”.
By the 42nd Amendment of 1976, enacted during the Emergency, the words “Socialist” and “Secular” were inserted. The Preamble now reads “Sovereign Socialist Secular Democratic Republic”.
- Constitutional government means
[UPSC CSE Pre 2021]
(a) A representative government of a nation with federal structure
(b) A government whose head enjoys nominal powers
(c) A government who’s Head enjoys real powers
(d) A government limited by the terms of the constitution
- Solution: (d)
Exp) Option dis the correct answer.
Constitutional government seeks to limit and regulate the exercise of political power by the government.
Important Tips:
The Indian citizenship of a person can be terminated by the Central government, if:
- he has obtained the citizenship by fraud:
- he has shown disloyalty to the Constitution of India:
- he has unlawfully traded or communicated with the enemy during a war;
- he has, within five years after registration or 11aturalisi1tion, been imprisoned in any country for two years; and
- he has been ordinarily resident out of India for seven years continuously.
- The Preamble to the Constitution of India, is [UPSC CSE Pre. 2020]
(a) part of the Constitution but has no legal effect
(b) not a part of the Constitution and has no legal effect either
(c) a part of the Constitution and has the same legal effect as any other part
(d) a part of the Constitution but has no legal
effect independently of other parts
- Solution: (d)
Exp) Option d is the correct answer.
The Preamble to a Constitution embodies the fundamental values and the philosophy, on which the Constitution is based, and the aims and objectives, which the founding fathers of the Constitution enjoined the polity to strive to achieve.
The Supreme Court in the Berubari Union case (1960) held that the “Preamble is not a part of the Constitution.” It further said the Preamble can be used as a guiding principle if a term in any article of the Constitution is ambiguous or has more than one meaning.
Later in Kesavanand Bharti case (1973), the Supreme Court reversed its ruling and held that the Preamble is a part of the Constitution and can also be amended under Article 368 of the Constitution. Preamble, therefore, is a part of the Constitution.
The preamble states the objects of the Constitution and is not enforceable in court thus has no legal effect independently of other parts.
- 8theftha11 the Fundamental Rights; which of the ..following parts of the Constitution of India reflect/reflects the principles and provisions of the Universal Declaration of Human Rights (1948)?
- Preamble
- Directive Principles of State Policy
- Fundamental Duties
Select the correct answer using the code given below: [UPSC CSE Pre 2020]
(a) 1 and 2 only
(b) 2 only
(c) land3only
(d) 1, 2 and 3
- Solution: (d)
- In the context of India, which one of the followi11g is the characteristic appropriate for bureaucracy?
[UPSC CSE Pre. 2020]
(a) An agency for widening the scope of parliamentary democracy
(b) An agency for strengthening the structure of federalism
(c) An agency for facilitating political stability and economic growth
(d) An Agency for the implementation of public policy
- Solution: (d)
Option d is correct.
Bureaucracy is the executive arm of the government. In traditional classical literature on organs of government, one studied the legislature, the executive and the judiciary with bureaucracy being subsumed under the executive (which comprises the political establishment and the_ bureaucracy). Now, one finds that bureaucracy is being treated separately and this is indicative of its growing importance.
Bureaucracy refers to an administrative policy implementation group, which is a body of non-elected government officials. The major objective of bureaucracy in India has not been Parliamentary democracy’s expansion but rather the implementation of the decisions taken by the executive. With All India Services at the helm of major bureaucratic structure, it cannot be said that strengthening of federal structure is its main characteristic.
India’s bureaucratic system’s most important function since independence has been implementation of public policy, making the decisions of the government reach a conclusion on the ground level. Parliamentary democracy results often in change at the helm of executive, the static and permanent bureaucracy provides continuity of policies and execution rather than political stability.
- A constitutional government by definition is a [UPSC CSE Pre. 2020]
(a) government by legislature
(b) popular government
(c) muJi:i-p”.lrty government
(d) limited government
- Solution: (d)
Exp) Option d is the correct answer.
A constitutional government by definition is a limited government. A constitutional government is the one that is defined by the constitution of the country.
Constitution of a country is supreme law of the land; it is empowered with the sovereign authority of the people (we the people) by the framers and the consent of the legislatures of the states.
It is the source of all government powers, and also provides important limitations on the government that protect the fundamental rights of citi:tens.
l 1. The Ninth Schedule was introduced in the Constitution of India during the prime ministership of: [UPSC CSE Pre. 2019]
(a) Jawaharlal Nehru
(b) Lal Bahadur Shastri
(c) Indira Gandhi
(d) Morarji Desai
I 1. Solution: (a)
First Constitutional (Amendment) Act of 1951, introduced the Ninth Schedule in the Constitution of India during the prime-ministership of Jawaharlal Nehru.
This amendment made laws placed in Ninth Schedule immune to judicial review, even if they violate any Fundamental Rights.
Important Tips:
The Ninth Schedule was brought in the Indian Constitution on 18 June 1951 to abolish Zamindari system. The Ninth Schedule contains a list of laws that cannot be challenged in courts. Out of 284 such laws which are shielded from judicial review, 90 per cent of laws are about agriculture
and landholding.
- Which of the following are regarded as the main features of the “Rule of Law”?
- Limitation of Powers
- Equality before law
- People’s responsibility to the Government
- Liberty and civil rights
Select the correct answer using the code given below: [UPSC CSE Pre. 2018]
(a) 1 and 3 only
(b) 2 and 4 only
(c) l,2and4only
(d) 1, 2, 3 and 4
- Solution: (c)
In order to understand the concept of rule of law, it is to be comprehended that the state is governed not by the ruler or the nominated representatives of the *people but by the law. The term ‘Rule of Law’ is nowhere defined in the Indian Constitution but this term is often used by the Indian judiciary in their judgments. Rule of law has been declared by the Supreme Court as one of the basic features of the Constitution so it cannot be amended even by the constitutional amendment. Rule of law is seen as an integral part of good governance.
The “Rule of Law” is a principle of governance which implies that the creation of laws, their enforcement, and the relationships among legal rules are themselves legally regulated, so that no one-including the most highly placed official-is above the law. Thus, ensuring equality before law. (Option 2 is correct)
People’s responsibility to the Government cannot be attributed to “Rule of Law”. (Option 3 is incorrect)
Limitation of powers ensures no man is punished except for a breach of law, thus restricting discretion of the government of the day. It would also help in safeguarding rights of the individual. (Option 1 and 4 are correct)
- Consider the following statements:
1, The Parliament of India* can place a particular law in the Ninth Schedule of the Constitution of India. - The validity of a law placed in the Ninth Schedule cannot be examined by any court and no judgement can be made on it.
Which of the statements given above is/are correct? [UPSC CSE Pre. 2018]
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
- Solution: (a)
Statement 1 is correct. The Ninth Schedule contains a list of central and state laws. The Schedule became a part of the Constitution in 1951, when the document was amended for the first time. The Parliament has the power to place a particular law in the Ninth Schedule of the Constitution of India.
Statement 2 is incorrect. The mandate of ninth schedule is to prevent judicial scrutiny but in a landmark ruling in IR Coelho versus State of Tamil Nadu, 2007, the Supreme Court of India ruled that all laws (including those in the Ninth Schedule) would be open to Judicial Review if they violated the basic structure of the constitution. The Supreme Court judgment laid that the laws placed under Ninth Schedule after April 24, 1973 shall be open to challenge in court if they violated fundamental rights guaranteed under Article 14, 19, 20 and 21 of the Constitution.
- Democracy’s superior virtue lies in the fact that it calls into activity
[UPSC CSE Pre. 2017]
(a) the intelligence and character of ordinary men and women.
(b) the methods for strengthening executive leadership.
(c) a superior individual with dynamism and vision.
(d) a band of dedicated party workers.
- Solution: (a)
The word democracy comes from the Greek word “demos”, meaning people, and “kratos” meaning power; so, democracy much as possible. The take-off point for a democracy is the idea of consent, i.e., the desire, approval and participation of people. It is the decision of people that creates a democratic government and decides about its functioning. So, since democracy requires voter’s decision making- hence intelligence and character of common people are called in,
- The mind of the makers of the Constitution of India is reflected in which of the following? [UPSC CSE Pre. 2017]
(a) The Preamble
(b) The Fundamental Rights
(c) The Directive Principles of State Policy
(d) The Fundamental Duties
- Solution: (a)
The mind of the makers of the Constitution of India i , reflected in the Preamble. The Preamble to a ConstitutioJ: embodies the fundamental values and the philosophy, on which the Constitution is based. It embodies the aims and objectives, which the founding fathers of the Constitution enjoined the polity to strive to achieve.
The Preamble embodies the basic philosophy and fundamental values-political, moral and religious-on which the Constitution is based. It contains the grand and noble vision of the Constituent Assembly, and reflects the dreams and aspirations of the founding fathers of the Constitution. In the words of Sir Alladi Krishnaswami Iyer, a member of the Constituent Assembly who played a significant role in making the Constitution, ‘The Preamble to our Constitution expresses what we had thought or dreamt so long’.
- Which one of the following objectives is not embodied in the Preamble to the Constitution of India?
[UPSC CSE Pre. 2017]
(a) Liberty of thought
(b) Economic liberty
(c) Liberty of expression
(d) Liberty of belief
- Solution: (b)
The text of the Preamble of the Constitution of India reads as -
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; LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity;
and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.
Thus, Preamble to the Constitution of India embodies liberty of thought, expression, belief, faith and worship but not economic liberty.
- One of the implications of equality in
society is the absence of
[UPSC CSE Pre. 2017]
(a) Privileges
(b) Restraints
(c) Competition
(d) Ideology
- Solution: (a)
“Equality means equal rights for all the people and the abolition of all special rights and privileges”. -Barker
Thus, negatively equality implies abolition of all special privileges and facilities which may be available to some classes or some persons in society. It also stands for the abolition of all man-made inequalities and discriminations. Positively Equality stands for equal rights, equitable distribution of resources, equal opportunities for development and relative equality with due recognition of merit, abilities and
capacities of various persons.
Important Tips:
Privileges mean a special advantage to only a particular person/ group. Equality requires the state of being equal, particularly in standing, rights, or opportunities and thus absence of any privileges.
In society there are present two types of inequalities:
1. Natural inequalities, and
2. Man-made unnatural inequalities.
The former means natural differences among human beings. These have to be accepted by all. The man-made inequalities are those which are there because of some social conditions and discriminations. These are of the nature of socioeconomic inequalities resulting from the operation of social system. The discriminations practiced and inequalities maintained in the name of caste, colour, creed, religion, sex, place of birth and the like are all unnatural man- made inequalities. Equality means end of all such inequalities and discriminations.
- The provisions of the fifth and Sixth Schedule in the Constitution of India are made to- [UPSC CSE Pre 2015]
(a) Protect the interests of Scheduled Tribes
(b) Determine the boundaries between States
(c) Determine the powers, authority and responsible of Panchayats
(d) Protect the interests of all the border
States
- Solution: (a)
Both the Fifth Schedule and the Sixth Schedule aim to protect the interests of Scheduled Tribes. The Fifth Schedule of the Constitution of India contains special provisions for the administration and control of Scheduled Areas in several states. Scheduled Areas are those areas where a substantial number of Scheduled Tribes (STs) reside. The Sixth Schedule of the Constitution of India contains special provisions for the administration of tribal areas in the northenstern states.
- Which one of the following Schedules of the Constitution of India contains provisions regarding anti-defection?
[UPSC CSE Pre. 2014]
(a) Second Schedule
(b) Fifth Schedule
(c) Eighth Schedule
(d) Tenth Schedule
- Solution: (d)
The Tenth Schedule of the Indian Constitution popularly referred to as the ‘Anti-Defection Law’ was inserted by the 52nd Amendment (1985) to the Constitution. It was formulated to bring stability in the Indian political system.
- The Government enacted, the Panchayat Extension to Scheduled Areas (PESA) Act in 1996. Which one of the following is not identified as its objective?
[UPSC CSE Pre. 2013]
(a) To provided self-governance
(b) To recognize traditional rights
(c) To create autonomous regions in tribal areas
(d) To free tribal people from exploitation
- Solution: (c)
PESA Act is a Central legislation that extends the Provisions of the Panchayats, as given in Part IX of the Constitution to the Fifth Schedule Areas with certain modifications and exemptions. These l\reas have preponderance of tribal population. This Act is called “The Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996”. In short form this is popular as “PESA”.
The PESA Act was enacted to extend the prnvisions of 73rd and 74th Amendment Acts to the Fifth Schedule areas. Thus, it was meant to provide institutions of local self-governance in the Scheduled Areas and to recognise the traditional rights of the tribals. The provisions of this Act address some of the most complex problems of exploitation and marginalisation of the tribals.
The act did not have any provisions of creating any autonomous regions
Important Tips
The States with Fifth Schedule Areas that are covered under PESA are Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh,
Maharashtra, Odisha, Rajasthan and Telangana.
- ‘Economic Justice’ as one of the objectives of the Indian Constitutional has been provided in [UPSC CSE Pre. 2013]
(a) the Preamble and the Fundamental Rights
(b) the Preamble and the Directive Principles of State Policy
(c) the Fundamental Rights and the Directive Principles of State Policy
(d) None of the above
- Solution: (b)
Economic justice denotes the non-discrimination between people on the basis of economic factors. It involves the elimination of glaring inequalities in wealth, income and property. A combination of social justice and economic justice denotes what is known as ‘distributive justice’.
The term ‘justice’ in the Preamble embraces three distinct forms-social, economic and political, secured through various provisions of Fundamental Rights and Directive Principles.
The concept of Economic Justice is also mentioned under the Directive Principles of State Policy. Article 39 says that the State shall, in particular, direct its policy towards securing
(a) that the citizens, men and women equally, have the right to an adequate means of livelihood;
(b) that the ownership and control of the material resources of the community are so distributed as best to subserve the common good;
(c) that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment;
(d) that there is equal pay for equal work for both men and women.
- ‘In the context oflndia, which of the following principles is/are, implied institutionally in the parliamentary government?
- Members of the Cabinet are Members of the Parliament.
- Ministers hold the office till they enjoy confidence in the Parliament.
- Cabinet is headed by the Head of the State.
Select the correct answer using the codes given below:
[UPSC CSE Pre. 2013]
(a) 1 and 2 only
(b) 3 only
(c) 2 and 3 only
(d) 1, 2 and 3
- Solution: (a)
In the context of India, there are mainly two principles which can be implied institutionally in the Parlianrnntary form of government:
Statement 1 ls correct:.
A Member of the Cabinet must be a Member of the Parliament. If a person who is not a member of the parliament and is appointed as a minister then he/she has to get elected to either of the two houses of parliament within six months.
Statement 2 is correct.
In a parliamentary form of government, the council of ministers hold office till they enjoy the confidence of the parliament (in India’s case that of Lok Sabha). Hence, Ministers hold the office till they enjoy confidence in the Parliament.
Statement 3 is lnconect.
The President is Head of the State in India, whereas the Cabinet is headed by the Prime
Minister of India.
- Which of the following provisions of the Constitution of India have a bearing on Education?
- Directive Principles of State Policy.
- Rural and Urban Local Bodies.
- Fifth Schedule
- Sixth Schedule
- Seventh Schedule
- Solution: (d)
All the above provisions of the Constitution of India, have a bearing on Education.
Directive Principles of State Policy - Article 45: To provide early childhood care and education for all children until they complete the age of six years. 86th Amendment changed the subject-matter of Article 45 and made elementary education a fundamental right under Article 21 A.
Rural and Urban Local Bodies - Education is one of the subject matters under Schedules XI and XII. It empowers local bodies to take steps to improve educational standards in their regions.
Fifth and Sixth Schedule - The Fifth and Sixth Schedule of the constitution provide protection to the tribals on account of their economic disadvantages so that they could maintain their tribal identity without any coercion or exploitation. This includes promotion of education in their own language for their upliftment.
Seventh Schedule - Under this, education is put under the concurrent list which allows both centre and states to make laws on the subject.
- Consider the following statements:
- The discussions in the Third Round Table Conference eventually led to the passing of the Government oflndia Act, 1935.
- The Government of India Act, 1935 provided for the establishment of an All India Federation to be based-on a Union of the Provinces of British India and the Princely States.
Which of the statement(s) given above is/are correct? [UPSC CSE Pre 2009]
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
- Solution: (c)
Statement I is correct:
The discussions in the Third Round Table Conference, held in November-December 1932, eventually led to the passing of the Government oflndia Act, 1935 by the British Parliament.
Statement 2 is correct:
The Government of India Act, 1935 provided for the establishment of an All-India Federation to be based on a Union of the Provinces of British India and the Princely States. However, the federation never came into being as the princely states did not join it.
