UPSC 2021 Polity Questions with Answers

Explanation

The State refers to a political institution that represents a sovereign people organised under one independent government within a definite territory and subject to no outside control.

Explanation

The doctrine of Separation of Powers entails the division of the legislative, executive, and judicial functions of government among different organs. This demarcation prevents the concentration of excessive power by any branch of the Government. It thus helps to safeguard the liberty and rights of the people in a democracy. Article 50 of the Directive Principles of State Policy mentions separation of judiciary from the executive.

Explanation

Originally, the Indian Constitution recognized the Right to Property as a Fundamental Right under Article 19(1)(f) and Article 31. Later, the 44th Constitutional Amendment Act, 1978 abolished the Right to Property as a Fundamental Right. It was then made a legal right under Article 300-A of the Constitution. Article 300-A states: "No person shall be deprived of his property save by Authority of Law." Thus, the Right to Property in India is now a legal right available to any person, not a Fundamental Right.

Explanation

Option (a) is correct: According to K.K. Aziz "Indian federalism reflects a blend of centralization and decentralization, where the Union Government retains significant authority over the states while respecting the federal structure in principle. The essential features of a federation are - Two Government, division of powers, Written Constitution, Supremacy of Constitution, Rigidity of Constitution, Independent Judiciary and

Option (b) is incorrect: The Union Legislature does have representatives from different states and union territories but it is not a defining feature of federalism. In a federal system, legislative powers are typically divided between different levels of government, with both the centre and states having their own legislative bodies. In India, the Union Legislature and State Legislatures are separate and each has specific powers.

Option (c) is incorrect: The Union Cabinet can indeed have representatives from regional parties, but this does not establish India’s federal nature.

Option (d) is incorrect: Fundamental Rights being enforceable by the courts is a crucial feature of India’s democracy but it is not specifically related to federalism. The enforceability of Fundamental Rights is more about protecting individual liberties rather than directly indicating the federal character of the polity.

Explanation

The Preamble to the Indian Constitution is a brief introductory statement that reflects the hopes and aspirations of the people. The ideals behind the Preamble to Indian Constitution is based on ‘Objective Resolution’ which were drafted by Jawaharlal Nehru and adopted by the Constituent Assembly on January 22, 1947. The original Preamble, adopted by the Constituent Assembly in 1949, declared India a "Sovereign Democratic Republic". Later, it was amended by the 42nd Constitutional Amendment Act (1976), and added three new words-"Socialist, Secular and Integrity".

The words “Socialist” and “Secular” were not in the Preamble on 26 January 1950; they were added in 1976. Options C and D therefore describe the Preamble as it reads today, not the constitutional status on the day the Constitution came into force.

Explanation

The Constitution of India addresses the issue of citizenship in Part II (Articles 5 to 11). It provides a framework for determining who would be considered a citizen of India on January 26, 1950.

Statement 1 is correct: The Indian Constitution provides for single citizenship, where citizens owe allegiance only to the Indian Union. Indian citizenship ends if a person voluntarily acquired foreign citizenship. A person can acquire only one domicile by choice by taking up fixed residence in a state or region.

Statement 2 is incorrect: In India, the Head of the State is the President and as per the Indian constitution both a citizen by birth as well as a naturalised citizen are eligible for the office of President.

Statement 3 is incorrect: A foreigner who has previously received Indian citizenship, can be deprived of his citizenship. The Citizenship Act (1955) provides for acquisition and loss of citizenship. Indian citizenship can be terminated in cases where: the citizenship is obtained by fraud, shown disloyalty to the Constitution of India, unlawfully exchanged goods or information with the enemy while at war, two years of imprisonment in any country within five years of registration or naturalisation, been ordinarily resident out of India for seven years continuously.

Explanation

In K.S. Puttaswamy v. Union of India (2017), the Supreme Court ruled that the Right to Privacy is a fundamental right under Article 21 of the Constitution, which guarantees the right to life and personal liberty. The Court emphasized that privacy is integral to personal dignity and autonomy. It further held that privacy must be protected from arbitrary state actions, marking a significant expansion of constitutional rights in India.

Explanation

Article 14 of the Indian Constitution guarantees equality before the law and equal protection of the laws. If a legislation grants the executive or administrative authorities unguided and uncontrolled discretionary power, it violates the principle of rule of law and equality. This is because such unchecked discretion can lead to arbitrariness, which goes against the very essence of equality and fairness under Article 14. Therefore, any legislation with unrestrained discretionary powers could be deemed unconstitutional under Article 14.

Explanation

Under the Indian Constitution, the Directive Principles of State Policy (DPSP), found in Part IV, outline the aims and objectives that the State should strive to achieve in order to promote social and economic justice. Among these, certain principles aim to reduce economic disparities and ensure that wealth is not concentrated in the hands of a few. Article 38:The State is directed to promote the welfare of the people by securing a social order based on justice, ensuring the distribution of wealth and resources so that there are no inequalities. Article 39 (b):The State should direct its policies towards ensuring that the ownership and control of material resources are distributed in such a way that it serves the common good. Article 39 (c):The State should ensure that the economic system does not result in the concentration of wealth and means of production in the hands of a few.

Explanation

A constitutional government is one where the powers of the government are limited by a constitution, ensuring rule of law, separation of powers, and the protection of citizens’ rights. It operates within legal limits set by the constitution, preventing arbitrary rule and ensuring accountability. Checks and balances are in place to prevent the misuse of power, while fundamental rights and freedoms of citizens remain safeguarded. Although both democratic and non-democratic states can have a constitution, a true constitutional government ensures that all authorities function within legal constraints, upholding transparency, fairness, and accountability.