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:

  1. 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
  2. All laws, policies, and actions of the state must conform to this higher legal framework.
  3. 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. 
  4. It may consist of one or more legal documents and regulates the distribution and exercise of power at various levels of government.
  5. 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.

  1. 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.
  2. 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:

  1. United Kingdom
  2. India
  3. United States
  4. 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:

  1. 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.
  2. 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.
  3. 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.
AspectWritten ConstitutionUnwritten Constitution
ClarityDefinite and easy to referenceMore interpretive and flexible
EvolutionAmendments via formal processChanges through precedents
ExamplesUS, India, FranceUK, 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:

  1. Originally (1949), the Constitution contained a Preamble, 395 Articles (divided into 22 Parts) and 8 Schedules
  2. 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 

PartSubject MatterArticles CoveredRemarks
IThe Union and its Territory1 – 4
IICitizenship5 – 11
IIIFundamental Rights12 – 35
IVDirective Principles of State Policy36 – 51
IV-AFundamental Duties51-A
VThe Union Government52 – 151

Chapter I – The Executive52 – 78

Chapter II – Parliament79 – 122

Chapter III – Legislative Powers of the President123

Chapter IV – The Union Judiciary124 – 147

Chapter V – Comptroller and Auditor-General of India148 – 151
VIThe State Governments152 – 237

Chapter I – General152

Chapter II – The Executive153 – 167

Chapter III – The State Legislature168 – 212

Chapter IV – Legislative Powers of the Governor213

Chapter V – The High Courts214 – 232

Chapter VI – Subordinate Courts233 – 237
VIIThe States in Part B of the First Schedule (Deleted)238 (Deleted)
VIIIThe Union Territories239 – 242
IXThe Panchayats243 – 243-O
IX-AThe Municipalities243-P – 243-ZGHence,statement 1 is correct.
IX-BThe Co-operative Societies243-ZH – 243-ZT
XThe Scheduled and Tribal Areas244 – 244-A
XIRelations between the Union and the States245 – 263

Chapter I – Legislative Relations245 – 255

Chapter II – Administrative Relations256 – 263
XIIFinance, Property, Contracts and Suits264 – 300-A

Chapter I – Finance264 – 291

Chapter II – Borrowing292 – 293

Chapter III – Property, Contracts, etc.294 – 300

Chapter IV – Right to Property300-A
XIIITrade, Commerce and Intercourse within India301 – 307
XIVServices under the Union and the States308 – 323

Chapter I – Services308 – 314

Chapter II – Public Service Commissions315 – 323
XIV-ATribunals323-A – 323-B
XVElections324 – 329-A
XVISpecial Provisions relating to Certain Classes330 – 342-A
XVIIOfficial Language343 – 351-A

Chapter I – Language of the Union343 – 344

Chapter II – Regional Languages345 – 347

Chapter III – Language of Supreme Court & High Courts348 – 349

Chapter IV – Special Directives350 – 351
XVIIIEmergency Provisions352 – 360Hence,statement 2 is correct.
XIXMiscellaneous361 – 367
XXAmendment of the Constitution368Hence,statement 3 is correct.
XXITemporary, Transitional and Special Provisions369 – 392
XXIIShort Title, Commencement, Authoritative Text in Hindi and Repeals393 – 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 

PartSubject MatterArticles CoveredRemarks
XIRelations between the Union and the States245 – 263

Chapter I – Legislative Relations245 – 255

Chapter II – Administrative Relations256 – 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 ProvisionsGovernment of India Act, 1935

How many of the above pairs are correctly matched?

  1. Only one
  2. Only two
  3. Only three
  4. All of the above

Ans: B

Exp:

Sources of the Indian Constitution 

SourceFeatures BorrowedRemarks
Government of India Act, 1935Federal scheme; Office of the Governor; Judiciary; Public Service Commissions; Emergency provisions; Administrative detailsHence, pair 4 is correctly matched.
British ConstitutionParliamentary system of government; Rule of Law; Legislative procedure; Single citizenship; Cabinet system; Prerogative writs; Parliamentary privileges; BicameralismHence, pair 2 is not correctly matched.
U.S. ConstitutionFundamental Rights; Independence of the judiciary; Judicial review; Impeachment of the President; Removal of Supreme Court and High Court judges; Office of the Vice-PresidentHence, pair 1 is not correctly matched.
Irish ConstitutionDirective Principles of State Policy; Nomination of members to the Rajya Sabha; Method of election of the PresidentHence, 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 ParliamentSouth African Constitution
Procedure for amendment of the ConstitutionAustralian Constitution
Fundamental DutiesSoviet Constitution (USSR)
Procedure established by lawJapanese Constitution

How many of the above pairs are correctly matched?

  1. Only one
  2. Only two
  3. Only three
  4. All of the above

Ans: B

Exp:


Sources of the Indian Constitution 

SourceFeatures BorrowedRemarks
Australian ConstitutionConcurrent List; Freedom of trade, commerce and intercourse; Joint sitting of the two Houses of ParliamentHence, 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 PreambleHence, pair 3 is correctly matched.
French ConstitutionRepublican form of government; Ideals of liberty, equality and fraternity in the Preamble
South African ConstitutionProcedure for amendment of the Constitution; Election of members of the Rajya SabhaHence, pair 2 is not correctly matched.
Japanese ConstitutionProcedure established by lawHence, 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

  1.  First 
  2.  Second
  3. Third 
  4. Fourth

Ans: A

Exp:

  1. 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. 
  2. They are meant to simplify complex information and make the Constitution easier to understand and implement. 
  3. 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.
  4. Currently, there are 12 Schedules in the Constitution (originally 8, with others added later through amendments)

Schedules of the Constitution – At a Glance

ScheduleSubject MatterArticles CoveredKey Features / Notes
First ScheduleNames of States and Union Territories and their territorial extent1, 4Lists all states and UTs with boundaries
Second ScheduleProvisions relating to emoluments, allowances, privileges, etc. of high constitutional offices59, 65, 75, 97, 125, 148, 158, 164, 186, 221Covers 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 ScheduleForms of oaths or affirmations75, 84, 99, 124, 146, 173, 188, 219Union & State ministers, MPs, MLAs, Judges, CAG
Fourth ScheduleAllocation of seats in Rajya Sabha to States and Union Territories4, 80Determines representation of each state/UT in Rajya Sabha
Fifth ScheduleAdministration and control of Scheduled Areas and Scheduled Tribes244Focuses on tribal welfare and governance in scheduled areas
Sixth ScheduleAdministration of tribal areas in Assam, Meghalaya, Tripura, Mizoram244, 275Provides autonomy and self-governance for tribal regions
Seventh ScheduleDivision of powers between Union and States (Union List, State List, Concurrent List)246Union List: 98 subjects; State List: 59 subjects; Concurrent List: 52 subjects
Eighth ScheduleLanguages recognized by the Constitution344, 351Originally 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 ScheduleActs and regulations protected from judicial review31-BOriginally 13 laws (now 282), mostly land reform/zamindari abolition laws; protected from fundamental rights challenge; post-1973 laws reviewable by SC
Tenth ScheduleDisqualification of MPs/MLAs on grounds of defection102, 191Added by 52nd Amendment (1985), Anti-defection Law
Eleventh SchedulePowers, authority, and responsibilities of Panchayats243-G29 matters; added by 73rd Amendment Act (1992)
Twelfth SchedulePowers, authority, and responsibilities of Municipalities243-W18 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: 

  1. The Third Schedule of the Indian Constitution contains the Forms of Oaths or Affirmations for various constitutional functionaries.
  2. The Third Schedule includes the oath for Union Ministers (Article 75).
  3. Judges of the Supreme Court, including the Chief Justice of India, take oath as per the Third Schedule (Article 124).
  4. The oath of the President of India is not given in the Third Schedule.
  5.  It is prescribed under Article 60 of the Constitution itself.
  6. 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.

  1. It specifies how many representatives each State and Union Territory has in the Rajya Sabha.
  2. 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: 

  1. 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. 
  2. He can also make regulations for the peace and good government of a scheduled area after consulting the tribes advisory council. 
  3. 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.
  4. 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: 

  1. 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. 
  2. He can also make regulations for the peace and good government of a scheduled area after consulting the tribes advisory council. 
  3. 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. 
  4. 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: 

  1. 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. 
  2. He can also make regulations for the peace and good government of a scheduled area after consulting the tribes advisory council. 
  3. 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. 
  4. 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:

  1. Declaration of Scheduled Areas: The President can declare, alter, increase, decrease, or rescind Scheduled Areas in consultation with the Governor of the concerned state.
  2. 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.
  3.  The Centre can issue directions to States regarding their administration.
  4. Tribes Advisory Council (TAC): Each state with Scheduled Areas must establish a Tribes Advisory Council to advise on tribal welfare. 
  5. Special Law-Making Powers in Scheduled Areas
  6. The Governor can:
  7. Exempt Scheduled Areas from Central/State laws or apply them with modifications
  8. Make regulations for peace and good governance after consulting the TAC
  9. Restrict land transfer, regulate land allotment, and control money-lending for tribal protection
  10. All such regulations require the President’s assent.
  11. No provision exists under the Fifth Schedule whereby a local body assumes total administration.Hence,statement-I is incorrect.
  12. There is no constitutional provision for a Union takeover based on the Governor’s recommendation.Hence,statement-II is incorrect.
  13. 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:

  1. Declaration of Scheduled Areas: The President can declare, alter, increase, decrease, or rescind Scheduled Areas in consultation with the Governor of the concerned state.
  2. 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.
  3.  The Centre can issue directions to States regarding their administration.
  4. Tribes Advisory Council (TAC): Each state with Scheduled Areas must establish a Tribes Advisory Council to advise on tribal welfare. 
  5. Special Law-Making Powers in Scheduled Areas
  6. The Governor can:
  7. Exempt Scheduled Areas from Central/State laws or apply them with modifications
  8. Make regulations for peace and good governance after consulting the TAC
  9. Restrict land transfer, regulate land allotment, and control money-lending for tribal protection
  10. 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:

ListNameWho Can LegislateNumber of Subjects (Present)
List IUnion ListParliament onlyOriginally 97,now ~100
List IIState ListState Legislatures onlyOriginally 66,now 61
List IIIConcurrent ListParliament and StatesOriginally 47,now 52


  1. Marriage, Divorce and Adoption fall under Entry 5 of the Concurrent List (List III) in the Seventh Schedule of the Indian Constitution.
  2. 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:

  1. 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.
  2. At present (2019), the Eighth Schedule of the Constitution specifies 22 languages (originally 14 languages). 
  3. 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. 
  4. Sindhi was added by the 21st Amendment Act of 1967; 
  5. Konkani, Manipuri and Nepali were added by the 71st Amendment Act of 1992; 
  6. and Bodo, Dongri,Maithili and Santhali were added by the 92nd Amendment Act of 2003.
  7. In terms of the Constitution provisions, there are two objectives behind the specification of the above regional languages in the Eighth Schedule:
  8. the members of these languages are to be given representation in the Official Language Commission; and
  9. 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: 

  1. The Ninth Schedule was added to the Constitution of India by the First Constitutional Amendment Act, 1951.
  2. 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.
  3. 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:

  1. The Ninth Schedule was added to the Constitution of India by the First Constitutional Amendment Act, 1951.
  2. 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.
  3. The First Constitutional Amendment Act, 1951 was enacted during the prime ministership of Jawaharlal Nehru.
  4. 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.
  5. 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.
  6. 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.
  7. In I.R. Coelho vs State of Tamil Nadu (2007), the Supreme Court held that:
  8. Laws placed in the Ninth Schedule after 24 April 1973 (date of the Kesavananda Bharati judgment) are subject to judicial review.
  9. 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: 

  1. 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. 
  2. 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:

  1. 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.
  2. 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.
  3. 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 

  1. India follows a parliamentary system of government, where the executive is responsible to the legislature.
  2. Article 74: There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President.
  3. Article 75(3): The Council of Ministers is collectively responsible to the Lok Sabha.
  4.  Hence, this is a core feature of the Indian Constitution.

Independence of Judiciary 

  1. Ensured through provisions relating to security of tenure, fixed service conditions, and separation from executive influence.
  2. Article 50 directs separation of the judiciary from the executive.
  3.  Therefore, independence of the judiciary is a fundamental feature.

Federal Government 

  1. India has a federal structure with a division of powers between the Union and the States.
  2. Article 246 read with the Seventh Schedule provides the distribution of legislative powers.
  3. Though India is described as a “Union of States” (Article 1), its federal character is well established.
  4. 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

  1. In a presidential system, the executive is not responsible to the legislature (as in the USA).
  2. 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.
  3. 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:

  1. The doctrine of sovereignty of Parliament is associated with the British Parliament.
  2. 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.
  3. In India, Parliament is not sovereign. Its legislative powers are limited by the Constitution, and laws can be reviewed by courts.
  4. Article 13 empowers the judiciary to declare laws void if they violate Fundamental Rights.Hence,statement 1 is correct.
  5. 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)

  1. 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.
  2. 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:
  3. The Indian federation is not the result of an agreement among States; and
  4. No State has the right to secede from the Union.
  5. Hence, the Indian Constitution has been variously described as:
  6. ‘Federal in form but unitary in spirit’
  7. ‘Quasi-federal’K.C. Wheare
  8. ‘Bargaining federalism’Morris Jones
  9. ‘Co-operative federalism’Granville Austin
  10. ‘Federation with a centralising tendency’Ivor Jennings.Therefore, Assertion (A) is correct.

Reason(R)

  1. 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
  2. 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).