Q.1.Constitutional government means (2021)
(a) a representative government of a nation with federal structure
(b) a government whose Head enjoys nominal powers
(c) a government whose Head enjoys real powers
(d) a government limited by the terms of the Constitution
Ans: D
Exp:
- A constitutional government is one that functions strictly in accordance with the Constitution of the land. It denotes a system in which the powers of the government are defined, structured, and limited by the Constitution, whether written or unwritten.
- All laws, policies, and actions of the state must conform to this higher legal framework.
- The Constitution, as the basic law of the land, lays down a set of established principles, rules, and institutional arrangements through which the state is governed.
- It may consist of one or more legal documents and regulates the distribution and exercise of power at various levels of government.
- In essence, a constitutional government ensures the supremacy of law, prevents the arbitrary exercise of power, and upholds the principle that governance is conducted under the rule of law rather than the will of individual rulers
Therefore, option D is the correct answer.
Q.2. Consider the following statements: (2014)
A Constitutional Government is one which
1. places effective restrictions on individual liberty in the interest of State Authority
2. places effective restrictions on the Authority of the State in the interest of individual liberty
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Ans:B
Exp:
A constitutional government is characterized by the limitation of state power through a constitution in order to protect individual liberty and prevent arbitrary rule.
- A constitutional government does not primarily aim to restrict individual liberty in the interest of state authority. On the contrary, unchecked restriction of individual liberty is a feature of authoritarian not constitutionalism.
- The essence of constitutionalism lies in placing effective restrictions on the authority of the State through the Constitution, thereby safeguarding individual rights and freedoms.
Therefore, option B is the correct answer.
Q.2.a. Which one of the following statements best reflects the Chief purpose of the ‘Constitution’ of a country?(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.
Ans: C
Exp:
The constitution is the supreme law of India. This is a written document which lays down the framework demarcating fundamental basic code, structure, procedures, powers, and duties of Government and its organizations and rights & duties of the citizen.
Therefore, option C is the correct answer.
Q.3. Consider the following countries:
- United Kingdom
- India
- United States
- New Zealand
Which of the above have an unwritten constitution?
(a) 1 and 4 only
(b) 1, 2 and 4
(c) 2 and 3 only
(d) 1 only
Ans: A
Exp:
- A written constitution is a single, codified document outlining a nation's fundamental laws, while an unwritten constitution relies on a collection of statutes, conventions, judicial precedents, and traditions without a unified text.
- Written constitutions, like India’s or the US’s, are deliberately drafted by a constituent assembly and provide clear, accessible rules. Unwritten constitutions, such as the UK’s, evolve gradually through historical practices and lack a single authoritative source.
- In written systems, the constitution holds supreme authority, empowering the judiciary for interpretation and judicial review. Unwritten constitutions prioritize parliamentary sovereignty, offering greater adaptability but potential ambiguity.
| Aspect | Written Constitution | Unwritten Constitution |
| Clarity | Definite and easy to reference | More interpretive and flexible |
| Evolution | Amendments via formal process | Changes through precedents |
| Examples | US, India, France | UK, New Zealand |
Therefore, option A is the correct answer.
Q.4. How many parts, Articles and Schedules was there in the original Indian Constitution?(Jharkhand P.C.S. (Pre) 2016)
(a) 22 Parts, 395 Articles and 8 Schedules
(b) 24 Parts, 450 Articles and 12 Schedules
(c) 22 Parts, 390 Articles and 8 Schedules
(d) 24 Parts, 425 Articles and 12 Schedules
Ans: A
Exp:
- Originally (1949), the Constitution contained a Preamble, 395 Articles (divided into 22 Parts) and 8 Schedules.
- Presently (2019), it consists of a Preamble, about 470 Articles (divided into 25 Parts) and 12 Schedules
Therefore, option A is the correct answer.
Q.5.Which of the following statements are correct about the Constitution of India?(UPSC,2024)
1. Powers of the Municipalities are given in Part IX A of the Constitution.
2. Emergency provisions are given in Part XVIII of the Constitution.
3. Provisions related to the amendment of the Constitution are given in Part XX of the Constitution.
Select the answer using the code given below:
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3
Ans:D
Exp:
Parts of the Constitution of India
| Part | Subject Matter | Articles Covered | Remarks |
| I | The Union and its Territory | 1 – 4 | |
| II | Citizenship | 5 – 11 | |
| III | Fundamental Rights | 12 – 35 | |
| IV | Directive Principles of State Policy | 36 – 51 | |
| IV-A | Fundamental Duties | 51-A | |
| V | The Union Government | 52 – 151 | |
| Chapter I – The Executive | 52 – 78 | ||
| Chapter II – Parliament | 79 – 122 | ||
| Chapter III – Legislative Powers of the President | 123 | ||
| Chapter IV – The Union Judiciary | 124 – 147 | ||
| Chapter V – Comptroller and Auditor-General of India | 148 – 151 | ||
| VI | The State Governments | 152 – 237 | |
| Chapter I – General | 152 | ||
| Chapter II – The Executive | 153 – 167 | ||
| Chapter III – The State Legislature | 168 – 212 | ||
| Chapter IV – Legislative Powers of the Governor | 213 | ||
| Chapter V – The High Courts | 214 – 232 | ||
| Chapter VI – Subordinate Courts | 233 – 237 | ||
| VII | The States in Part B of the First Schedule (Deleted) | 238 (Deleted) | |
| VIII | The Union Territories | 239 – 242 | |
| IX | The Panchayats | 243 – 243-O | |
| IX-A | The Municipalities | 243-P – 243-ZG | Hence,statement 1 is correct. |
| IX-B | The Co-operative Societies | 243-ZH – 243-ZT | |
| X | The Scheduled and Tribal Areas | 244 – 244-A | |
| XI | Relations between the Union and the States | 245 – 263 | |
| Chapter I – Legislative Relations | 245 – 255 | ||
| Chapter II – Administrative Relations | 256 – 263 | ||
| XII | Finance, Property, Contracts and Suits | 264 – 300-A | |
| Chapter I – Finance | 264 – 291 | ||
| Chapter II – Borrowing | 292 – 293 | ||
| Chapter III – Property, Contracts, etc. | 294 – 300 | ||
| Chapter IV – Right to Property | 300-A | ||
| XIII | Trade, Commerce and Intercourse within India | 301 – 307 | |
| XIV | Services under the Union and the States | 308 – 323 | |
| Chapter I – Services | 308 – 314 | ||
| Chapter II – Public Service Commissions | 315 – 323 | ||
| XIV-A | Tribunals | 323-A – 323-B | |
| XV | Elections | 324 – 329-A | |
| XVI | Special Provisions relating to Certain Classes | 330 – 342-A | |
| XVII | Official Language | 343 – 351-A | |
| Chapter I – Language of the Union | 343 – 344 | ||
| Chapter II – Regional Languages | 345 – 347 | ||
| Chapter III – Language of Supreme Court & High Courts | 348 – 349 | ||
| Chapter IV – Special Directives | 350 – 351 | ||
| XVIII | Emergency Provisions | 352 – 360 | Hence,statement 2 is correct. |
| XIX | Miscellaneous | 361 – 367 | |
| XX | Amendment of the Constitution | 368 | Hence,statement 3 is correct. |
| XXI | Temporary, Transitional and Special Provisions | 369 – 392 | |
| XXII | Short Title, Commencement, Authoritative Text in Hindi and Repeals | 393 – 395 |
Therefore, option D is the correct answer.
Q.6. Which part and chapter of the Indian Constitution deal with the legislative relation between the Union and the
States? (U.P. P.C.S. (Mains) 2012)
(a) Part XI and Chapter I
(b) Part XI and Chapter II
(c) Part XII and Chapter I
(d) Part XII and Chapter II
Ans: A
Exp:
Parts of the Constitution of India
| Part | Subject Matter | Articles Covered | Remarks |
| XI | Relations between the Union and the States | 245 – 263 | |
| Chapter I – Legislative Relations | 245 – 255 | ||
| Chapter II – Administrative Relations | 256 – 263 |
Therefore, option A is the correct answer.
Q.7.Consider the following pairs:
| Feature of Indian Constitution | Borrowed From |
| Fundamental Rights | United Kingdom |
| Parliamentary System | United States |
| Directive Principles of State Policy | Irish Constitution |
| Emergency Provisions | Government of India Act, 1935 |
How many of the above pairs are correctly matched?
- Only one
- Only two
- Only three
- All of the above
Ans: B
Exp:
Sources of the Indian Constitution
| Source | Features Borrowed | Remarks |
| Government of India Act, 1935 | Federal scheme; Office of the Governor; Judiciary; Public Service Commissions; Emergency provisions; Administrative details | Hence, pair 4 is correctly matched. |
| British Constitution | Parliamentary system of government; Rule of Law; Legislative procedure; Single citizenship; Cabinet system; Prerogative writs; Parliamentary privileges; Bicameralism | Hence, pair 2 is not correctly matched. |
| U.S. Constitution | Fundamental Rights; Independence of the judiciary; Judicial review; Impeachment of the President; Removal of Supreme Court and High Court judges; Office of the Vice-President | Hence, pair 1 is not correctly matched. |
| Irish Constitution | Directive Principles of State Policy; Nomination of members to the Rajya Sabha; Method of election of the President | Hence, pair 3 is correctly matched. |
Therefore, option B is the correct answer.
Q.8.Consider the following pairs:
| Feature of Indian Constitution | Borrowed From |
| Joint sitting of the two Houses of Parliament | South African Constitution |
| Procedure for amendment of the Constitution | Australian Constitution |
| Fundamental Duties | Soviet Constitution (USSR) |
| Procedure established by law | Japanese Constitution |
How many of the above pairs are correctly matched?
- Only one
- Only two
- Only three
- All of the above
Ans: B
Exp:
Sources of the Indian Constitution
| Source | Features Borrowed | Remarks |
| Australian Constitution | Concurrent List; Freedom of trade, commerce and intercourse; Joint sitting of the two Houses of Parliament | Hence, pair 1 is not correctly matched. |
| Weimar Constitution (Germany) | Suspension of Fundamental Rights during Emergency | |
| Soviet Constitution (USSR) | Fundamental Duties; Ideal of justice (social, economic and political) in the Preamble | Hence, pair 3 is correctly matched. |
| French Constitution | Republican form of government; Ideals of liberty, equality and fraternity in the Preamble | |
| South African Constitution | Procedure for amendment of the Constitution; Election of members of the Rajya Sabha | Hence, pair 2 is not correctly matched. |
| Japanese Constitution | Procedure established by law | Hence, pair 4 is correctly matched. |
Therefore, option B is the correct answer.
Q.9.Which one of the following Schedules of the Indian Constitution lists the names of states and specifies their
Territories? UPSC (Pre) 2003
- First
- Second
- Third
- Fourth
Ans: A
Exp:
- The Schedules of the Indian Constitution are appendices or annexures at the end of the Constitution that organize and detail specific provisions in a systematic manner.
- They are meant to simplify complex information and make the Constitution easier to understand and implement.
- Each Schedule deals with a specific area such as state boundaries, official salaries, powers of local bodies, languages, or the division of powers between the Union and States.
- Currently, there are 12 Schedules in the Constitution (originally 8, with others added later through amendments)
Schedules of the Constitution – At a Glance
| Schedule | Subject Matter | Articles Covered | Key Features / Notes |
| First Schedule | Names of States and Union Territories and their territorial extent | 1, 4 | Lists all states and UTs with boundaries |
| Second Schedule | Provisions relating to emoluments, allowances, privileges, etc. of high constitutional offices | 59, 65, 75, 97, 125, 148, 158, 164, 186, 221 | Covers President, Governors, Speaker & Deputy Speaker of Lok Sabha, Chairman & Deputy Chairman of Rajya Sabha, State Assembly/Council leaders, Judges of Supreme Court & High Courts, CAG |
| Third Schedule | Forms of oaths or affirmations | 75, 84, 99, 124, 146, 173, 188, 219 | Union & State ministers, MPs, MLAs, Judges, CAG |
| Fourth Schedule | Allocation of seats in Rajya Sabha to States and Union Territories | 4, 80 | Determines representation of each state/UT in Rajya Sabha |
| Fifth Schedule | Administration and control of Scheduled Areas and Scheduled Tribes | 244 | Focuses on tribal welfare and governance in scheduled areas |
| Sixth Schedule | Administration of tribal areas in Assam, Meghalaya, Tripura, Mizoram | 244, 275 | Provides autonomy and self-governance for tribal regions |
| Seventh Schedule | Division of powers between Union and States (Union List, State List, Concurrent List) | 246 | Union List: 98 subjects; State List: 59 subjects; Concurrent List: 52 subjects |
| Eighth Schedule | Languages recognized by the Constitution | 344, 351 | Originally 14, now 22 languages (includes Assamese, Bengali, Bodo, Dogri, Gujarati, Hindi, Kannada, Kashmiri, Konkani, Maithili, Malayalam, Manipuri, Marathi, Nepali, Odia, Punjabi, Sanskrit, Santhali, Sindhi, Tamil, Telugu, Urdu). Amendment details included |
| Ninth Schedule | Acts and regulations protected from judicial review | 31-B | Originally 13 laws (now 282), mostly land reform/zamindari abolition laws; protected from fundamental rights challenge; post-1973 laws reviewable by SC |
| Tenth Schedule | Disqualification of MPs/MLAs on grounds of defection | 102, 191 | Added by 52nd Amendment (1985), Anti-defection Law |
| Eleventh Schedule | Powers, authority, and responsibilities of Panchayats | 243-G | 29 matters; added by 73rd Amendment Act (1992) |
| Twelfth Schedule | Powers, authority, and responsibilities of Municipalities | 243-W | 18 matters; added by 74th Amendment Act (1992) |
Therefore, option A is the correct answer.
Q.10. Which of the following are enshrined in the third schedule of the Indian Constitution?U.P.P.C.S. (Pre) 2017
1. Form of oath of office for a Minister for the Union.
2. Form of oath to be made by the Chief Justice of the Supreme Court.
3. Form of oath of office for the President of India.
4. Form of oath to be made by a Member of Parliament.
Select the correct answer using the code given below:
Code :
(a) 1, 2, 3
(b) 2, 3, 4
(c) 1, 2, 4
(d) 1, 2, 3, 4
Ans: C
Exp:
- The Third Schedule of the Indian Constitution contains the Forms of Oaths or Affirmations for various constitutional functionaries.
- The Third Schedule includes the oath for Union Ministers (Article 75).
- Judges of the Supreme Court, including the Chief Justice of India, take oath as per the Third Schedule (Article 124).
- The oath of the President of India is not given in the Third Schedule.
- It is prescribed under Article 60 of the Constitution itself.
- Members of Parliament take their oath according to the Third Schedule (Article 99).
Therefore, option C is the correct answer.
Q.11.Fourth Schedule of the Constitution of India deals with : ( U.P.P.C.S. (Mains) 2015)
(a) Allocation of seats for the Council of States
(b) Political defection
(c) Panchayat system
(d) Languages
Ans: A
Exp:
The Fourth Schedule of the Constitution of India deals with the allocation of seats in the Council of States (Rajya Sabha) to the States and Union Territories.
- It specifies how many representatives each State and Union Territory has in the Rajya Sabha.
- This Schedule is linked with Articles 4 and 80 of the Constitution.
Therefore, option A is the correct answer.
Q.12.If a particular area is brought under the Fifth Schedule of the Constitution of India, which one of
the following statements best reflect the consequence of it? (UPSC, 2022)
(a) This would prevent the transfer of land of tribal people to non-tribal people.
(b) This would create a local self-governing body in that area.
(c) This would convert that area into a Union Territory.
(d) The State having such areas would be declared a Special Category State.
Ans: (a)
Exp:
The Fifth Schedule of the Constitution deals with the administration and control of Scheduled Areas and Scheduled Tribes in any State except Assam, Meghalaya, Tripura and Mizoram.
Law applicable to Scheduled Areas:
- The governor is empowered to direct that any particular act of Parliament or the state legislature does not apply to a scheduled area or apply with specified modifications and exceptions.
- He can also make regulations for the peace and good government of a scheduled area after consulting the tribes advisory council.
- Such regulations may prohibit or restrict the transfer of land by or among members of the scheduled tribes,regulate the allotment of land to members of the scheduled tribes and regulate the business of money-lending in relation to the scheduled tribes. Therefore, option A is the correct answer.
- Also, a regulation may repeal or amend any act of Parliament or the state legislature, which is applicable to a scheduled area. But, all such regulations require the assent of the president
Therefore, option A is the correct answer.
Q.12a.Which Schedule of the Constitution of India contains special provisions for the administration and control
of Scheduled Areas in several States? (UPSC,2008)
(a) Third
(b) Fifth
(c) Seventh
(d) Ninth
Ans: B
Exp:
The Fifth Schedule of the Constitution deals with the administration and control of Scheduled Areas and Scheduled Tribes in any State except Assam, Meghalaya, Tripura and Mizoram.
Law applicable to Scheduled Areas:
- The governor is empowered to direct that any particular act of Parliament or the state legislature does not apply to a scheduled area or apply with specified modifications and exceptions.
- He can also make regulations for the peace and good government of a scheduled area after consulting the tribes advisory council.
- Such regulations may prohibit or restrict the transfer of land by or among members of the scheduled tribes,regulate the allotment of land to members of the scheduled tribes and regulate the business of money-lending in relation to the scheduled tribes.
- Also, a regulation may repeal or amend any act of Parliament or the state legislature, which is applicable to a scheduled area. But, all such regulations require the assent of the president
Therefore, option B is the correct answer.
Q.12b.Under which Schedule of the Constitution of India can the transfer of tribal land to private parties for
mining be declared null and void? (UPSC,2019)
(a) Third Schedule
(b) Fifth Schedule
(c) Ninth Schedule
(d) Twelfth Schedule
Ans: B
Exp:
The Fifth Schedule of the Constitution deals with the administration and control of Scheduled Areas and Scheduled Tribes in any State except Assam, Meghalaya, Tripura and Mizoram.
Law applicable to Scheduled Areas:
- The governor is empowered to direct that any particular act of Parliament or the state legislature does not apply to a scheduled area or apply with specified modifications and exceptions.
- He can also make regulations for the peace and good government of a scheduled area after consulting the tribes advisory council.
- Such regulations may prohibit or restrict the transfer of land by or among members of the scheduled tribes,regulate the allotment of land to members of the scheduled tribes and regulate the business of money-lending in relation to the scheduled tribes.
- Also, a regulation may repeal or amend any act of Parliament or the state legislature, which is applicable to a scheduled area. But, all such regulations require the assent of the president
Therefore, option B is the correct answer.
Q.13. Consider the following statements :
With reference to the Constitution of India, if an area in a State is declared as Scheduled Area under the Fifth Schedule
I. the State Government loses its executive power in such areas and a local body assumes total administration
II. the Union Government can take over the total administration of such areas under certain circumstances on the recommendations of the Governor
Which of the statements given above is/are correct?
(a) I only
(b) II only
(c) Both I and II
(d) Neither I nor II
Ans:D
Exp:
The various features of administration contained in the Fifth Schedule are as follows:
- Declaration of Scheduled Areas: The President can declare, alter, increase, decrease, or rescind Scheduled Areas in consultation with the Governor of the concerned state.
- Executive Powers of State and Centre: The State’s executive power extends to Scheduled Areas, but the Governor has special responsibility and must submit periodic reports to the President.
- The Centre can issue directions to States regarding their administration.
- Tribes Advisory Council (TAC): Each state with Scheduled Areas must establish a Tribes Advisory Council to advise on tribal welfare.
- Special Law-Making Powers in Scheduled Areas
- The Governor can:
- Exempt Scheduled Areas from Central/State laws or apply them with modifications
- Make regulations for peace and good governance after consulting the TAC
- Restrict land transfer, regulate land allotment, and control money-lending for tribal protection
- All such regulations require the President’s assent.
- No provision exists under the Fifth Schedule whereby a local body assumes total administration.Hence,statement-I is incorrect.
- There is no constitutional provision for a Union takeover based on the Governor’s recommendation.Hence,statement-II is incorrect.
- Therefore, option D is the correct answer.
Q.13a.The provisions in Fifth Schedule and Sixth Schedule in the Constitution of India are made in order to (2015)
(a) protect the interests of Scheduled Tribes
(b) determine the boundaries between States
(c) determine the powers, authority and responsibilities of Panchayats
(d) protect the interests of all the border States
Ans: (a)
Exp:
The various features of administration contained in the Fifth Schedule are as follows:
- Declaration of Scheduled Areas: The President can declare, alter, increase, decrease, or rescind Scheduled Areas in consultation with the Governor of the concerned state.
- Executive Powers of State and Centre: The State’s executive power extends to Scheduled Areas, but the Governor has special responsibility and must submit periodic reports to the President.
- The Centre can issue directions to States regarding their administration.
- Tribes Advisory Council (TAC): Each state with Scheduled Areas must establish a Tribes Advisory Council to advise on tribal welfare.
- Special Law-Making Powers in Scheduled Areas
- The Governor can:
- Exempt Scheduled Areas from Central/State laws or apply them with modifications
- Make regulations for peace and good governance after consulting the TAC
- Restrict land transfer, regulate land allotment, and control money-lending for tribal protection
- All such regulations require the President’s assent.
Therefore, option A is the correct answer.
Q.14.Marriage,’ ‘Divorce’ and ‘Adoption’ are an entry in the Seventh Schedule of the Constitution’ under the
following–
(a) List I - Union List
(b) List II - State List
(c) List III - Concurrent List
(d) None of these three lists
Ans: C
Exp:
The Seventh Schedule deals with the division of legislative powers between the Union and the States. It specifies the subjects on which laws can be made by Parliament, State Legislatures, or both.
The Seventh Schedule contains three lists:
| List | Name | Who Can Legislate | Number of Subjects (Present) |
| List I | Union List | Parliament only | Originally 97,now ~100 |
| List II | State List | State Legislatures only | Originally 66,now 61 |
| List III | Concurrent List | Parliament and States | Originally 47,now 52 |
- Marriage, Divorce and Adoption fall under Entry 5 of the Concurrent List (List III) in the Seventh Schedule of the Indian Constitution.
- Being in the Concurrent List, both Parliament and State Legislatures have the power to legislate on these subjects.
Therefore, option C is the correct answer.
Q.15.The Constitution (71st Amendment) Act, 1992 amends the Eighth Schedule to the Constitution to
include which of the following languages?
1. Konkani
2. Manipuri
3. Nepali
4. Maithilis
Select the correct answer using the code given below:
(a) 1, 2 and 3
(b) 1, 2 and 4
(c) 1, 3 and 4
(d) 2, 3 and 4
Ans: A
Exp:
- The Eighth Schedule of the Constitution of India deals with the languages recognized by the Constitution. It specifies the languages that are entitled to official recognition and promotion by the Union.
- At present (2019), the Eighth Schedule of the Constitution specifies 22 languages (originally 14 languages).
- These are Assamese, Bengali, Bodo, Dogri (Dongri), Gujarati, Hindi,Kannada, Kashmiri, Konkani, Mathili (Maithili), Malayalam,Manipuri, Marathi, Nepali, Odia , Punjabi, Sanskrit, Santhali,Sindhi, Tamil, Telugu and Urdu.
- Sindhi was added by the 21st Amendment Act of 1967;
- Konkani, Manipuri and Nepali were added by the 71st Amendment Act of 1992;
- and Bodo, Dongri,Maithili and Santhali were added by the 92nd Amendment Act of 2003.
- In terms of the Constitution provisions, there are two objectives behind the specification of the above regional languages in the Eighth Schedule:
- the members of these languages are to be given representation in the Official Language Commission; and
- the forms, style and expression of these languages are to be used for the enrichment of the Hindi language
Therefore, option A is the correct answer.
Q.16.The Ninth Schedule was introduced in the Constitution of India during the prime ministership of (2019)
(a) Jawaharlal Nehru
(b) Lal Bahadur Shastri
(c) Indira Gandhi
(d) Morarji Desai
Ans: (a)
Exp:
- The Ninth Schedule was added to the Constitution of India by the First Constitutional Amendment Act, 1951.
- Its primary objective was to protect land reform and other socio-economic legislations from being challenged in courts on the grounds of violation of Fundamental Rights.
- The First Constitutional Amendment Act, 1951 was enacted during the prime ministership of Jawaharlal Nehru.
Therefore, option A is the correct answer.
Q.17.Consider the following statements: (2018)
1. The Parliament of India can place a particular law in the Ninth Schedule of the Constitution of India.
2. 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?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Ans: A
Exp:
- The Ninth Schedule was added to the Constitution of India by the First Constitutional Amendment Act, 1951.
- Its primary objective was to protect land reform and other socio-economic legislations from being challenged in courts on the grounds of violation of Fundamental Rights.
- The First Constitutional Amendment Act, 1951 was enacted during the prime ministership of Jawaharlal Nehru.
- The Parliament of India has the power to place a law in the Ninth Schedule by enacting a constitutional amendment under Article 368.Hence,statement 1 is correct.
- Article 31B immunises any law included in the Ninth Schedule from all the fundamental rights whether or not the law falls under any of the five categories specified in Article 31A.
- However, in a significant judgement delivered in I.R. Coelho case (2007), the Supreme Court ruled that there could not be any blanket immunity from judicial review of laws included in the Ninth Schedule.
- In I.R. Coelho vs State of Tamil Nadu (2007), the Supreme Court held that:
- Laws placed in the Ninth Schedule after 24 April 1973 (date of the Kesavananda Bharati judgment) are subject to judicial review.
- If such laws violate the Basic Structure of the Constitution, they can be struck down by the courts.Hence,statement 2 is not correct.
Therefore, option B is the correct answer.
Q.18.Which one of the following Schedules of the Constitution of India contains provisions regarding anti-defection? (2014)
(a) Second Schedule
(b) Fifth Schedule
(c) Eighth Schedule
(d) Tenth Schedule
Ans: D
Exp:
- The 52nd Amendment Act of 1985 provided for the disqualification of the members of Parliament and the state legislatures on the ground of defection from one political party to another.
- For this purpose, it made changes in four Articles of the Constitution and added a new Schedule (the Tenth Schedule) to the Constitution. This act is often referred to as the ‘anti-defection law’.
Therefore, option D is the correct answer.
Q.19.A Parliamentary System of Government is one in which (UPSC,2020)
(a) all political parties in the Parliament are represented in the Government
(b) the Government is responsible to the Parliament and can be removed by it
(c) the Government is elected by the people and can be removed by them
(d) the Government is chosen by the Parliament but cannot be removed by it before completion of a fixed term
Ans: B
Exp:
- The Constitution of India provides for a Parliamentary form of Government, both at the Centre and in the States. Articles 74 and 75 deal with the Parliamentary system at the Centre, while Articles 163 and 164 deal with it in the States.
- In a Parliamentary System of Government, the Executive (Council of Ministers) is collectively responsible to the Legislature (Parliament). The Government continues in power only as long as it enjoys the confidence of the majority in the Lower House and can be removed by a Vote of No-Confidence.
- The Parliamentary Government is also known as Cabinet Government, Responsible Government, or the Westminster Model of Government, and is prevalent in Britain, Japan, Canada, and India, among others.
Therefore, option B is the correct answer.
Q.20.Which one of the following is not the feature of the Indian Constitution? U.P.P.C.S. (Mains) 2015
(a) Parliamentary Government
(b) Presidential Government
(c) Independence of Judiciary
(d) Federal Government
Ans: B
Exp:
Parliamentary Government
- India follows a parliamentary system of government, where the executive is responsible to the legislature.
- Article 74: There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President.
- Article 75(3): The Council of Ministers is collectively responsible to the Lok Sabha.
- Hence, this is a core feature of the Indian Constitution.
Independence of Judiciary
- Ensured through provisions relating to security of tenure, fixed service conditions, and separation from executive influence.
- Article 50 directs separation of the judiciary from the executive.
- Therefore, independence of the judiciary is a fundamental feature.
Federal Government
- India has a federal structure with a division of powers between the Union and the States.
- Article 246 read with the Seventh Schedule provides the distribution of legislative powers.
- Though India is described as a “Union of States” (Article 1), its federal character is well established.
- In the landmark S.R. Bommai v. Union of India (1994) case, the Supreme Court unequivocally held that federalism is a basic feature of the Indian Constitution.
Presidential Government
- In a presidential system, the executive is not responsible to the legislature (as in the USA).
- The American President is both the head of the State and the head of government. As the head of State, he occupies a ceremonial position. As the head of government, he leads the executive organ of government.
- In India, the executive is accountable to Parliament, which negates a presidential form.
Therefore, option B is the correct answer.
Q.21.We adopted parliamentary democracy based on the British model, but how does our model differ from that model? (UPSC 2021)
1. As regards legislation, the British Parliament is supreme or sovereign but in India, the power of the Parliament to legislate is limited.
2. In India, matters related to the constitutionality of Amendment of an Act of the Parliament are referred to the Constitution Bench by the Supreme Court.
Select the correct answer using the code given below.
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Ans:C
Exp:
- The doctrine of sovereignty of Parliament is associated with the British Parliament.
- In the United Kingdom, Parliament is sovereign; it can make, amend, or repeal any law, and no court can question the validity of its legislation.
- In India, Parliament is not sovereign. Its legislative powers are limited by the Constitution, and laws can be reviewed by courts.
- Article 13 empowers the judiciary to declare laws void if they violate Fundamental Rights.Hence,statement 1 is correct.
- Article 145(3) provides that cases involving a substantial question of law as to the interpretation of the Constitution shall be heard by a minimum bench of five judges,forming the constitutional bench.Hence,statement 2 is correct.
Therefore, option C is the correct answer.
Q.22.Given below are two statements, one is labelled as Assertion (A) and the other as Reason (R) :U.P.P.C.S. (Pre) 2020
Assertion (A) : Indian federalism is called 'Quasifederal'.
Reason (R) : India has an independent judiciary with power of Judicial Review.
Select the correct answer from the codes given below:
(a) Both (A) and (R) are true and (R) is the correct explanation of (A).
(b) Both (A) and (R) are true but (R) is not the correct explanation of (A).
(c) (A) is true but (R) is false.
(d) (A) is false but (R) is true.
Ans: B
Exp:
Assertion (A)
- The Indian Constitution also contains a large number of unitary / non-federal features, viz., a strong Centre, single Constitution, single citizenship, flexibility of the Constitution, integrated judiciary, appointment of State Governor by the Centre, All-India Services, Emergency provisions, and so on.
- Moreover, the term ‘Federation’ has nowhere been used in the Constitution. Article 1 describes India as a ‘Union of States’, which implies two important things:
- The Indian federation is not the result of an agreement among States; and
- No State has the right to secede from the Union.
- Hence, the Indian Constitution has been variously described as:
- ‘Federal in form but unitary in spirit’
- ‘Quasi-federal’ — K.C. Wheare
- ‘Bargaining federalism’ — Morris Jones
- ‘Co-operative federalism’ — Granville Austin
- ‘Federation with a centralising tendency’ — Ivor Jennings.Therefore, Assertion (A) is correct.
Reason(R)
- The Constitution establishes an independent judiciary headed by the Supreme Court for two purposes: one, to protect the supremacy of the Constitution by exercising the power of judicial review; and two, to settle the disputes between the Centre and the states or between the states.
- The Constitution contains various measures like security of tenure to judges, fixed service conditions and so on to make the judiciary independent of the government.Therefore, Reason (R) is correct.
However,Indian federalism is called quasi-federal not because of judicial review, but because of the predominance of unitary features and centralisation of powers. In fact, an independent judiciary strengthens federalism rather than making it quasi-federal.
Therefore, option B is the correct answer because both (A) and (R) are true but (R) is not the correct explanation of (A).