Class Notes 4 You

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  Solution:  The Ninth Schedule contains a list of central and state laws which cannot be challenged in courts. Currently, 284 such laws are shielded from judicial review.  The Schedule became a part of the Constitution in 1951, when the document was amended for the first time. The Parliament has the power to place a particular law in the Ninth Schedule of the Constitution of India. The mandate of ninth schedule is to prevent judicial scrutiny but in a landmark ruling in IR Coelho versus State of Tamil Nadu, 2007, the Supreme Court of India ruled that all laws (including those in the Ninth Schedule) would be ...

a) To provided self-governance  b) To recognize traditional rights  c) To create autonomous regions in tribal areas  d) To free tribal people from exploitation  Solution:  PESA Act is a Central legislation that extends the Provisions of the Panchayats, as given in Part IX of the Constitution to the Fifth Schedule Areas with certain modifications and exemptions. These areas have preponderance of tribal population.  This Act is called "The Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996". In short form this is popular as "PESA". The States with Fifth Schedule Areas that are covered under PESA are Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan and Telangana. The PESA Act was enacted to extend the provisions of 73rd and 74th Amendment Acts to the Fifth Schedule areas. Thus, it was meant to provide institutions of local self-governance in the Scheduled Areas and to reco...

a) part of the Constitution but has no legal effect  b) not a part of the Constitution and has no legal effect either  c) a part of the Constitution and has the same legal effect as any other part  d) a part of the Constitution but has no legal effect independently of other parts Solution:  The Preamble to a Constitution embodies the fundamental values and the philosophy, on which the Constitution is based, and the aims and objectives, which the founding fathers of the Constitution enjoined the polity to strive to achieve. The Supreme Court in the Berubari Union case (1960) held that the “Preamble is not a part of the Constitution.” It further said the Preamble can be used as a guiding principle if a term in any article of the Constitution is ambiguous or has more than one meaning. Later in Kesavanand Bharti case (1973), the Supreme Court reversed its ruling and held that the Preamble is a part of the Constitution and can also be amended under Article 368 of the...

a) government by legislature  b) popular government  c) multi-party government  d) limited government  Solution:  A constitutional government by definition is a limited government. A constitutional government is the one that is defined by the constitution of the country.  Constitution of a country is supreme law of the land; it is empowered with the sovereign authority of the people (we the people) by the framers and the consent of the legislatures of the states.  It is the source of all government powers, and also provides important limitations on the government that protect the fundamental rights of citizens.  Ans: (d)

a) Jawaharlal Nehru  b) Lal Bahadur Shastri  c) Indira Gandhi  d) Morarji Desai  Solution:  First Constitutional (Amendment) Act of 1951, introduced the Ninth Schedule in the Constitution of India during the prime-ministership of Jawaharlal Nehru. This amendment made laws placed in Ninth Schedule immune to judicial review, even if they violate any Fundamental Rights. The Ninth Schedule was brought in the Indian Constitution on 18 June 1951 to abolish Zamindari system. The Ninth Schedule contains a list of laws that cannot be challenged in courts.  Out of 284 such laws which are shielded from judicial review, 90 per cent of laws are about agriculture and landholding. Ans: (a)

1. Directive Principles of State Policy.  2. Rural and Urban Local Bodies.  3. Fifth Schedule  4. Sixth Schedule  5. Seventh Schedule  Select the correct answer using the codes given below:  a) 1 and 2 only  b) 3, 4 and 5 only  c) 1, 2 and 5 only  d) 1, 2, 3, 4 and 5  Solution:  All the above provisions of the Constitution of India, have a bearing on Education.  Directive Principles of State Policy - Article 45: To provide early childhood care and education for all children until they complete the age of six years. 86th Amendment changed the subject-matter of Article 45 and made elementary education a fundamental right under Article 21 A.  Rural and Urban Local Bodies – Education is one of the subject matters under Schedules XI and XII. It empowers local bodies to take steps to improve educational standards in their regions. Fifth and Sixth Schedule – The Fifth and Sixth Schedule of the constitution provide protection to t...

a) An agency for widening the scope of parliamentary democracy   b) An agency for strengthening the structure of federalism  c) An agency for facilitating political stability and economic growth  d) An Agency for the implementation of public policy  Solution:  Bureaucracy is the executive arm of the government.  In traditional classical literature on organs of government, one studied the legislature, the executive and the judiciary with bureaucracy being subsumed under the executive (which comprises the political establishment and the bureaucracy).  Now, one finds that bureaucracy is being treated separately and this is indicative of its growing importance. Bureaucracy refers to an administrative policy implementation group, which is a body of non elected government officials.  The major objective of bureaucracy in India has not been Parliamentary democracy’s expansion but rather the implementation of the decisions taken by the executive. Wit...

a) Liberty of thought  b) Economic liberty  c) Liberty of expression  d) Liberty of belief  Solution:  The text of the Preamble of the Constitution of India read as - WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens: JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation; IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION. Thus, Preamble to the Constitution of India embodies liberty of thought, expression, belief, faith and worship but not economic liberty. Ans: (b)

a) Second Schedule  b) Fifth Schedule  c) Eighth Schedule d) Tenth Schedule  Solution:  The Tenth Schedule of the Indian Constitution popularly referred to as the 'Anti-Defection Law' was inserted by the 52nd Amendment (1985) to the Constitution. It was formulated to bring stability in the Indian political system. The Tenth Schedule of the Constitution (which embodies the anti-defection law) is designed to prevent the evil or mischief of political defections motivated by the lure of office or material benefits or other similar considerations. It is intended to strengthen the fabric of Indian parliamentary democracy by curbing unprincipled and unethical political defections Ans: (d)

1. Preamble  2. Directive Principles of State Policy  3. Fundamental Duties  Select the correct answer using the code given below:  a) 1 and 2 only  b) 2 only  c) 1 and 3 only  d) 1, 2 and 3  Solution :  Articles under Universal Declaration of Human Rights: Articles 1 and 2 reaffirms human dignity, equality and brotherhood. Articles 3-11 are the rights of the individual: the right to life, outlawing of slavery or torture, equality before the law, the right to a fair trial etc. Articles 12-17 includes freedom of movement, the right to a nationality, the right to marry and found a family, as well as the right to own property. Articles 18-21 are the spiritual and religious rights of individuals, such as freedom of thought and conscience (religion), the right to your own opinion, the right to peaceful assembly and association, and the right to vote and take part in government. Articles 22-27 includes the right to work, the right to rest and leisu...

a) the Preamble and the Fundamental Rights  b) the Preamble and the Directive Principles of State Policy  c) the Fundamental Rights and the Directive Rights and the Directive Principles of State Policy  d) None of the above   Solution:  Economic justice denotes the non-discrimination between people on the basis of economic factors. It involves the elimination of glaring inequalities in wealth, income and property. A combination of social justice and economic justice denotes what is known as ‘distributive justice’. The term ‘justice’ in the Preamble embraces three distinct forms—social, economic and political, secured through various provisions of Fundamental Rights and Directive Principles. The concept of Economic Justice is also mentioned under the Directive Principles of State Policy. Article 39 says that the State shall, in particular, direct its policy towards securing—  (a) that the citizens, men and women equally, have the right to an adequate me...

1. Limitation of Powers  2. Equality before law  3. People's responsibility to the Government  4. Liberty and civil rights  Select the correct answer using the code given below:  a) 1 and 3 only  b) 2 and 4 only  c) 1, 2 and 4 only  d) 1, 2, 3 and 4 Solution:  In order to understand the concept of rule of law, it is to be comprehended that the state is governed not by the ruler or the nominated representatives of the people but by the law.  The term ‘Rule of Law’ is nowhere defined in the Indian Constitution but this term is often used by the Indian judiciary in their judgments.  Rule of law has been declared by the Supreme Court as one of the basic features of the Constitution so it cannot be amended even by the constitutional amendment.  Rule of law is seen as an integral part of good governance. The “Rule of Law” is a principle of governance which implies that the creation of laws, their enforcement, and the relationships am...

a) the intelligence and character of ordinary men and women.  b) the methods for strengthening executive leadership.  c) a superior individual with dynamism and vision.  d) a band of dedicated party workers.  Solution:  The word democracy comes from the Greek word "demos", meaning people, and "kratos" meaning power; so, democracy can be thought of as "power of the people": a way of governing which depends on the will of the people. The most obvious ways to participate in government are to vote, or to stand for office and become a representative of  the people. Democracy, however, is about far more than just voting, and there are numerous other ways of engaging with politics and government. The effective functioning of democracy, in fact, depends on ordinary people using these other means as much as possible. The take-off point for a democracy is the idea of consent, i.e., the desire, approval and participation of people. It is the decision of people that c...

 1. Members of the Cabinet are Members of the Parliament.  2. Ministers hold the office till they enjoy confidence in the Parliament.  3. Cabinet is headed by the Head of the State.  Select the correct answer using the codes given below:  a) 1 and 2 only  b) 3 only  c) 2 and 3 only  d) 1, 2 and 3  Solution:  In the context of India, there are mainly two principles which can be implied institutionally in the Parliamentary form of government: A Member of the Cabinet must be a Member of the Parliament. If a person who is not a member of the parliament and is appointed as a minister then he/she has to get elected to either of the two houses of parliament within six months. In a parliamentary form of government, the council of ministers hold office till they enjoy the confidence of the parliament (in India’s case that of Lok Sabha). Hence, Ministers hold the office till they enjoy confidence in the Parliament. The President is Head of the Sta...

 a) The Preamble  b) The Fundamental Rights  c) The Directive Principles of State Policy  d) The Fundamental Duties  Solution:  The mind of the makers of the Constitution of India is reflected in the Preamble.  The Preamble to a Constitution embodies the fundamental values and the philosophy, on which the Constitution is based.  It embodies the aims and objectives, which the founding fathers of the Constitution enjoined the polity to strive to achieve.  The Preamble embodies the basic philosophy and fundamental values–political, moral and religious–on which the Constitution is based. It contains the grand and noble vision of the Constituent Assembly, and reflects the dreams and aspirations of the founding fathers of the Constitution.  In the words of Sir Alladi Krishnaswami Iyer, a member of the Constituent Assembly who played a significant role in making the Constitution, ‘The Preamble to our Constitution expresses what we had thought o...

UPSC CSE Prelims GS-I  PYQs/MCQs Concept Analysis Subject- Indian Polity  Topic- State Legislature Q.1 ) With reference to the position of the State Legislative Council compared to that of Rajya Sabha, which of the following statements is/are correct? 1. The Minimum age of membership in both Rajya Sabha and State Legislative Council is 30 years. 2. Unlike Rajya Sabha MPs, members of a State Legislative Council cannot vote in elections for the President and Vice-President. 3. The tenure of the members of the Rajya Sabha is 6 years while that of the Legislative Council is 5 years.  Select the correct 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  Solution :  In order to be chosen a member of Parliament, a person must be a citizen of India and not less than 30 years of age in the case of Rajya Sabha.  Minimum age of membership in Legislative Council is 30 years. Unlike Rajya Sabha MPs, MLCs cannot vote in elec...

1. Article 169 of the constitution allows state legislative assembly to abolish or create a Legislative Council. 2. Legislative assembly of the concerned state first have to pass a resolution by a special majority. 3. Legislative Council of a state shall not have less than 40 members. 4. Its normal term is five years from the date of its first meeting after the general elections. Select the correct answer using the code below: a) 1,2 and 3 only b) 2 and 3 only c) 1,3 and 4 only d) 1,2,3 and 4  Solution:  Article 169 of the constitution allows Parliament to abolish or create a Legislative Council. The constitution provides for the abolition of the second chamber in a state where it exists as well as for the creation of such a chamber in a state where there is none at present. A state Legislative assembly passes a resolution by an absolute majority, together with not less than two-thirds of the members actually present and voting in favor of the creation of the second chamber. T...

1. Members of both legislative assembly and legislative council participate in the election of the President. 2. The Legislative assembly and legislative council of a state enjoy equal power with respect to enlargement of the jurisdiction of the state public service commission. 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  Solution:  Only the members of the Legislative Assemblies of the State participate in the election of the President. The council does not participate in the election of the President of India and representatives of the state in the Rajya Sabha.  In matters of enlargement of the jurisdiction of the state public service Commission, the powers and status of the council are broadly equal to that of the assembly. Other matters were the position and power of SLC is equal to SLA are- Introduction and passage of ordinary bills. However, in case of disagreement, the will of the assembly prevails. Appr...

1. The Constitution has declared Mother tongue and English to be the languages for transacting business in the Parliament.  2. English was to be discontinued as a floor language after the expiration of fifty years from the commencement of the Constitution. Select the correct answer using the codes given below: a) 1 only b) 2 only c) Both 1 and 2 d) Neither 1 nor 2  Solution:  The Constitution has declared Hindi and English to be the languages for transacting business in the Parliament. However, the presiding officer can permit a member to address the House in his mothertongue. In both the Houses, arrangements are made for simultaneous translation.  English was to be discontinued as a floor language after the expiration of fifteen years from the commencement of the Constitution (that is, in 1965) but the Official Languages Act (1963) allowed English to be continued along with Hindi. Ans: (d)

1. Each House of Parliament has separate secretarial staff of its own.  2. Secretary-general is a permanent officer and is appointed by the presiding officer of the House.  3. The speaker regulates the condition of service of persons appointed to the secretarial staff of Lok Sabha.  Select the correct answer using the codes given below:  a) 1 and 3 only  b) 2 and 3 only  c) 1 and 2 only  d) 1,2 and 3 Solution:  Each House of Parliament has separate secretarial staff of its own, though there can be some posts common to both the Houses. Their recruitment and service conditions are regulated by Parliament.  The secretariat of each House is headed by a secretary-general. He is a permanent officer and is appointed by the presiding officer of the House.  Article 98 (2) states that Parliament may by law regulate the recruitment, and the conditions of service of persons appointed, to the secretarial staff of either House of Parli...