Polity: UPSC Previous Year Questions (Prelims)

Explanation

The framers of the Indian Constitution decided to guarantee every adult Indian citizen the right to vote. This right is enshrined in both the Constitution and the Representation of the People Act, 1951. Article 326 of the Constitution ensures that every citizen above the age of 18 has the right to vote. Additionally, Section 62 of the Representation of the People Act, 1951, states that the right to vote is available to all individuals who are registered on the electoral roll of a constituency.

Explanation

The Parliamentary System is also referred to as the Cabinet form of Government. It establishes a system of collective responsibility of the executive to the legislative which is directly responsible to the people. Parliamentary system is part of the basic structure of the Constitution. It is through the powers of motions, discussion over budget, etc that the Parliament enforces the responsibility of the executive to itself and to the people ultimately.

Explanation

Statements (a), (b) and (c) are correct:

The Indian Constitution adopts the federal system of Government, but with more tilt towards a unitary system of government. So, every state government does not have power of its own. Thus it is considered as a quasi-federal system. The features of a federation are Two level of Government, Division of powers, Written Constitution, Supremacy of Constitution, Rigidity of Constitution, Independent judiciary, Bicameralism, etc Statement (d) is incorrect: The term "Union of States" is used instead of "Federation of States" for two key reasons:

First, unlike the American federation, India’s union is not based on an agreement among states, and second, states cannot secede from the union. While the union is indestructible, states can be reorganized or have their borders changed by the central government. Dr. B.R. Ambedkar described it as "an indestructible union of destructible states."

Explanation

The Parliamentary system is also known as the Cabinet Government/ Responsible government/ Westminster model of government. It provides for collective responsibility of the executive to the legislature. The features of parliamentary government in India are:

Presence of nominal and real executives Majority party rule Collective responsibility of the executive to the legislature Membership of the ministers in the legislature Leadership of the prime minister or the chief minister Dissolution of the lower House (Lok Sabha or Assembly).

Explanation

The preamble to the Indian Constitution assures to all citizens- liberty of thought, liberty of expression, liberty of belief, liberty of faith and worship. However, economic liberty is not directly mentioned in the Preamble. While economic rights and the goal of economic justice are addressed in the Directive Principles of State Policy, the Preamble does not specifically include economic liberty as one of its stated objectives.

Explanation

The Preamble to the Constitution of India reflects the vision and values of the framers, including justice, liberty, equality, and fraternity. It outlines the objectives of the Constitution, such as ensuring social, economic, and political justice, and promoting unity and dignity. In the Berubari case, the court held that the Preamble was not part of the Constitution’s operative provisions, meaning it did not have legal force in itself, although it could help in interpreting the Constitution’s provisions. The Supreme Court has affirmed its importance in the Kesavananda Bharati case (1973), where it was recognized as integral to understanding the Constitution makers intent and philosophy, and it overturned opinion in the Berubari case. So, now Preamble stands as part of the constitution.

Explanation

Statement 1 is correct: As under Article 23 (Right Against Exploitation) of the constitution, the expression ‘traffic in human beings’ includes: Selling and buying of men, women and children like goods, Immoral traffic in women and children, including prostitution, Devadasis, Slavery.

Statement 2 is incorrect: Abolition of Untouchability is provided in the Constitution of India but it comes under Right to Equality, under Article 17.

Statement 3 is incorrect: The Cultural and Educational Rights (under Articles 29 and 30) cover protection of interests of minorities; they don’t come under Rights Against Exploitation.

Statement 4 is correct: Article 24 (Right Against Exploitation) ensures prohibition of employment of children in factories etc. The Commissions for Protection of Child Rights Act, 2005 was enacted to provide for the establishment of a National Commission and State Commissions for Protection of Child Rights and Children’s Courts for providing speedy trial of offences against children or of violation of child rights.

Explanation

In India, rights and duties are interdependent and complementary. The Constitution guarantees fundamental rights and duties, ensuring that individuals’ freedoms are balanced with responsibilities towards society. Rights, such as freedom of speech and equality, are linked with corresponding duties to prevent harm to others and maintain social order. Fundamental duties, like respecting the Constitution and upholding national sovereignty, are crucial for the stability of the state. Both rights and duties work together to promote justice, equality, and fraternity, as reflected in the Preamble, ensuring the progress and well-being of society and the nation. Similarly, One cannot enjoy their Right to a clean environment if others do not perform their duty of protecting and conserving the environment. Hence, Rights are correlative with Duties.

Explanation

Option (a) is correct: Equality in the society can be maintained by ending the institutional system of inequality and ensuring absence of privileges. The lack of any special privileges for any individual is a concept related to Equality Before Law (which is a British Concept and denotes positive notion). This concept entails equal subjection of all persons to the ordinary law of the land administered by ordinary law courts, and no one is above the law, regardless of their status (rich or poor, high or low, official or not. Options (b), (c) and (d) are incorrect:

Absence of Restraint does not necessarily imply equality in society as restraining the actions of the society curtails the liberty of the individual. Absence of Competition in society may result in monopoly, which would not imply equality, rather inequality in the society. Absence of ideology does not imply equality in society. Ideology is a set of principles or beliefs of a group/institution in the society.

Explanation

Rights are legal, social, or ethical entitlements that individuals possess, often protected by a constitution or laws. In a democracy, rights are claims of citizens against the state, ensuring that the government respects, protects, and upholds their freedoms and dignity. These rights limit the state’s power to interfere in citizens’ personal lives. In India, Fundamental Rights, enshrined in Part III of the Constitution, safeguard individual freedoms by preventing unjust state actions that violate these rights. John Locke argued that natural rights such as life, liberty, and property must be protected by the state.