UPSC 2017 Polity Questions with Answers

Explanation

The 42nd Constitutional Amendment Act of 1976, was enacted during the Emergency period under Prime Minister Indira Gandhi. It significantly altered the Constitution adding in the Preamble socialist, secular, and integrity objectives.

Option (b) is correct: The 42nd Amendment Act of 1976 added three new Directive Principles to the original list and they are:

Article 39 A: To promote equal justice and to provide free legal aid to the poor. Article 43 A: To take steps to secure the participation of workers in the management of industries. Article 48 A: To protect and improve the environment and to safeguard forests and wildlife.

Explanation

The directive principles are in the nature of instruments of instruction to the government of the day to achieve certain ends by their actions. Directive Principles of State Policy does not impose any limitations on any organ of the State but they act as moral and political obligations for the state to pursue welfare-oriented policies. It is a guideline that the government of the day can use for the welfare of the socially and economically backward classes while framing any rules. It is the fundamental rights that constitute limitations upon state action (whether legislative or executive).

Explanation

Fundamental Duties are enumerated in Part IV-A and consists of single Article 51A with 11 sub-articles.

Statement 1 is incorrect: Fundamental Duties in the Indian Constitution are outlined in Article 51A (Part IVA) and were added by the 42nd Amendment in 1976. These duties aim to promote a sense of responsibility, unity, and patriotism among Indian citizens. They serve as guidelines for citizens to contribute to the welfare of the nation. But no legislative process has been provided to enforce these duties. These duties are thus non-enforceable and non-justiciable in nature. However, courts have interpreted them as complementary to Fundamental Rights, and certain laws indirectly enforce them. Example: The Prevention of Insults to National Honour Act, 1971 penalizes disrespect to the National Flag and National Anthem, indirectly enforcing Article 51A(a). Example: The Environment Protection Act, 1986 enforces Article 51A(g) (duty to protect the environment).

Statement 2 is incorrect: Fundamental Duties are not legally enforceable duties like legal obligations. They are moral obligations intended to promote civic responsibility and national consciousness, but there are no direct legal consequences for their violation.

Explanation

Statement 1 is correct: As per article 356 of the Constitution of India, the president has the authority to declare if he is satisfied that the state government cannot function in accordance with the Constitution’s provisions. (The President can act on the report of the governor or otherwise). But the ground for Dissolution of the State Legislative Assembly is not necessarily the consequence of proclamation.

Statement 2 is incorrect: When the President’s Rule is imposed in a state, the President dismisses the state council of ministers headed by the chief minister.

Statement 3 is correct: There is no mention of Dissolution of the local bodies during the proclamation of President’s Rule.

Explanation

Democracy thrives on active citizen participation. It is shaped by the collective wisdom, judgment, and moral character of the people. Unlike authoritarian systems that concentrate power in a few hands, democracy nurtures the intelligence and character of individuals. It empowers ordinary men and women to take part in decision-making. This ensures that governance reflects public interest, accountability, and justice. People can express their opinions, contribute to society, and help shape the nation’s future. Democracy stands out for fostering widespread involvement and collective responsibility.

Explanation

For a candidate to stand for election to the Lok Sabha (the lower house of the Indian Parliament), certain eligibility criteria must be met, as stipulated by the Section 33 of Representation of the People Act, 1951 and the Constitution of India such as:

1. The candidate must be a citizen of India

2. The age of the candidate should not less than 25 years of age

3. The candidate must be registered as an elector for a parliamentary constituency.

Explanation

Statement 1 is incorrect: The Indian constitution adopts the first-past-the-post (FPTP) system of elections where a candidate is declared elected if he/she gets a plurality of the votes, not necessarily 50 percent of the total votes polled. This means that the candidate with the highest number of votes among all contenders is declared the winner, even if they do not achieve an absolute majority.

Statement 2 is incorrect: Under Article 93, Speaker and Deputy speaker are elected by the house. This is a convention (not constitutional provision) that usually the Speaker’s post goes to the majority party and the Deputy Speaker’s to the Opposition. This is an established convention to maintain a balance of power and ensure that the ruling party does not control both the key positions.

Explanation

The Parliament of India exercises control over the Council of Ministers (including the Prime Minister and other ministers) through various mechanisms such as:

Adjournment Motion is introduced to draw attention of the House to a definite matter of urgent public importance which is definite, factual, urgent, matter of recent occurrence. It needs the support of 50 members to be admitted. It involves an element of censure against the government and hence Rajya Sabha is not permitted to make use of this device. Question Hour is a crucial tool used by the members of Parliament to question the Council of Ministers regarding their decisions, actions, and the functioning of their departments. During Question Hour (usually the first hour of every sitting in the Lok Sabha and Rajya Sabha), members can ask both oral and written questions on any matter within the jurisdiction of the government. In addition to the ministers, the questions can also be asked to the private members. It has been mentioned in the Rule of Procedure and Conduct of Business in Lok Sabha. Supplementary questions are follow-up questions asked by members of Parliament after the initial answer provided by the Minister during Question Hour. These allow for further probing and clarification on issues raised in the original question. This process enables greater scrutiny and oversight of the functioning of the Council of Ministers. Three types of Question are asked namely:- Starred Question: Require oral answer and Supplementary question can be asked. Unstarred Question: Require written answer and Supplementary question cannot be asked. Short Notice Question: Answered orally and asked on short notice of less than 10 days.

Explanation

Statement 1 is incorrect: A Private Member bill can be introduced by any member of the Parliament other than a minister. A bill introduced by a Minister in the Parliament is generally called a government bill. A Private member bill generally reflects the stand of the opposition party on public matters. There is less likelihood that the Parliament will adopt it. Its rejection by the House has no implication on the parliamentary confidence in the government or its resignation A 1-month notice is required before introducing the Bill. They are discussed only on Fridays in both Houses of Parliament during Private Members’ Business hours. Constitutional Amendment can be moved by Private member bill.

Statement 2 is incorrect: As of now around 14 private member’s bills have been passed since independence in Indian Parliament. Examples: The Hindu Marriage (Amendment) Bill 1956, The Orphanages & Other Charitable Homes (Supervision & Control) Bill 1960. Marine Insurance Bill 1959 etc. None have been passed in both Houses since 1970.

Explanation

In general terms, judicial review refers to the power and ability of High Courts and Supreme Court to review laws or judgments to ensure that they do not violate constitutional or legal provisions.

Option (a) is correct: Primarily, Article 13, 32 and 226 forms the core of judicial review, of which Article 13 and 32 forms part of Fundamental Right. Thus, the Courts are empowered to declare a statute ultra vires the constitution and to nullify an executive action as unconstitutional if they violate constitutional provisions or alter fundamental rights. These powers of judicial review are given not to make the judiciary superior, but to ensure a system of checks and balances between the legislature and the executive on one hand, and the judiciary on the other.