UPSC 2020 Polity Questions with Answers

Explanation

The common agreement between Gandhism and Marxism is the final goal of stateless and classless society, whereas means to achieve these final goals differ. A stateless society does refer to a society without a centralized government or formal state institutions, it typically implies a system where people govern themselves through communal, decentralized methods without the need for a coercive state apparatus. According to Karl Marx, the State is an instrument of oppression and an organ of the bourgeoisie that only works for maintaining class dominance. Therefore, he strives for class struggle and revolution which will ultimately result in a stateless society. Mahatma Gandhi gave the concept of Ramarajya, an ideal society characterised by self-governing individuals living in harmony without centralised political authority. He believed in achieving this stateless society through non-violent means, emphasizing moral and ethical self-discipline. Gandhi’s vision aligns with the idea of enlightened anarchy.

Explanation

Bureaucracy is the executive branch of government, responsible for implementing decisions made by the elected officials. Bureaucrats are selected through a merit-based process to manage state affairs. In India, the primary role of the bureaucracy is to ensure the execution of government policies. While political leadership may change with elections, the bureaucracy remains constant, providing stability and continuity in governance. This ensures that policies are carried out consistently, regardless of changes in the political leadership.

Explanation

Statement 1 is incorrect: Basic Structure encompasses basic and core values like federalism, secularism, fundamental rights and democracy which forms bedrock of the Indian Constitution. It cannot be amended by parliament under Art 368. Basic Structure Doctrine is a Judicially innovative doctrine and it was neither defined under Constitution nor it was defined by the Supreme Court or any other court.

Statement 2 is correct: Article 13(2) of the Constitution prohibits the Union or States from enacting laws that violate fundamental rights. Any such law, to the extent of its violation, is deemed void. This provision ensures judicial review to protect citizens’ rights and liberties.

Explanation

The Preamble to the Constitution of India is part of the Constitution but lacks independent legal force. It outlines guiding principles like justice, liberty, and equality. The Supreme Court in Kesavananda Bharati (1973) affirmed it as integral to understanding the Constitution’s philosophy, although it doesn’t confer enforceable rights. It serves as a guiding tool for interpreting the Constitution’s objectives.

Explanation

The protection against untouchability is specifically provided under Article 17 of the Indian Constitution, which is part of the Right to Equality. Article 17 explicitly abolishes untouchability and makes its practice an offense. It is a direct form of discrimination based on caste, and its prohibition is a cornerstone of the right to equality in India. Articles 14 to 18 deals with ‘Right to Equality’:

Equality before Law (Article 14) Prohibition of discrimination based on grounds of religion, race, caste etc. (Article 15) Equality of opportunity in matters of public employment (Article 16) Abolition of Untouchability (Article 17) Abolition of titles (Article 18)

Explanation

Statement 1 is correct: The Preamble of the Indian Constitution reflects the principles of the Universal Declaration of Human Rights (UDHR) by emphasizing justice, liberty, equality, and fraternity. The Article 3 of Universal Declaration of Human Rights (UDHR) (1948) says that "Everyone has the right to life, liberty and security of person."

Statement 2 is correct: DPSPs are the principles that aim at providing social and economic justice and set the path towards the welfare state. This DPSP has a resemblance with UDHR Article 22. The article 22 of UDHR 1948 says that "Everyone, as a member of society, has the right to social security."

Statement 3 is correct: Fundamental duties (Article 51A) are basically civic and moral obligations of all citizens of India. Similarly Article 29 of the UDHR emphasizes the reciprocal relationship between individual rights and duties to the community.

Explanation

DPSP embodies the concept of a ‘welfare state’. A welfare state refers to a concept of government in which the state plays a key role in the economic and social well-being of its citizens. Article 38 (1) states that "The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life".

Explanation

Part IV of the Constitution of India deals with the Directive Principles of State Policy (DPSP), which are outlined in Articles 36 to 51.

Statement 1 is incorrect: The DPSP are not enforceable by courts. According to Article 37, the DPSPs are not justiciable (i.e., they cannot be enforced through legal action in courts). They are not legally binding and do not carry any legal consequences if violated.

Statement 2 is correct: The provisions of the Directive Principles of State Policy are not enforceable by any court. This means that citizens cannot directly approach the courts for the enforcement of these principles, unlike Fundamental Rights (which are enforceable in court).

Statement 3 is correct: Although DPSPs are not enforceable by courts, they are intended to influence the state’s policies and lawmaking process. They act as guiding principles for the government to ensure that the laws passed are aligned with the values of social justice, equality, and welfare.

Explanation

Article 50 (Part IV, Directive Principle of State Policy) specifically addresses the separation of the judiciary from the executive. This principle is rooted in liberal-intellectual ideals, which align with the doctrine of separation of powers. The separation ensures that the legislative, executive, and judicial branches function independently, preventing the concentration of power in one branch. By doing so, it helps safeguard individual rights and freedoms, crucial for a functioning democracy.

Explanation

Statement 1 is correct: Free legal services are available to the groups of society that are listed under Section 12 of the Legal Services Authorities Act, they are:

Women and children Members of SC/ST Industrial workmen Victims of mass disaster, violence, flood, drought, earthquake industrial disaster Disabled persons Persons in custody Persons whose annual income does not exceed 1 lakh or may be prescribed by the State Government Beggars or those who have fallen victim to human trafficking.

Statement 2 is correct: Income limit for Transgender is Rs. 2,00,000.

Statement 3 is incorrect: Though there is a provision for free aid to members of SC and ST community, the Legal Services Authority does not mention Other Backward Classes (OBC) while providing free legal services.

Statement 4 is incorrect: The provision of free legal services to Senior Citizens is dependent on the rules framed by the respective state governments who can prescribe income limits. As a result, not all elderly people qualify for free legal assistance.