Prelims-IAS –POLITY MCQ Ans-33

1.. Which among the following is the basis of the amendment procedure of the Indian Constitution?

(a) Separation of Powers
(b) Parliamentary Sovereignty
(c) Cooperative Federalism

(d) Universal Adult Franchise

Article 3 authorises the Parliament to:
  form a new state by separation of territory from any state or by uniting two or more states or parts of states or by uniting any territory to a part of any state,
  increase the area of any state,
  diminish the area of any state,
  alter the boundaries of any state, and
  alter the name of any state.
  • However, Article 3 lays down two conditions in this regard:
  • one, a bill contemplating the above changes can be introduced in the Parliament only with the prior recommendation of the President; and
  • two, before recommending the bill, the President has to refer the same to the state legistature concerned for expressing its views within a specified period.
  • Moreover, the Constitution (Article 4) itself declares that laws made for admission or establishment of new states (under Article 2) and formation of new states and alteration of areas, boundaries or names of existing states (under Articles 3) are not to be considered as amendments of the Constitution under Article 368.
  • This means that such laws can be passed by a simple majority and by the ordinary legislative process.
    • Ans-B

2..Consider the following statements regarding linguistic minorities:

  1. The linguistic minorities are determined on a state-wise basis.
  2. The Constitution has provided for the appointment of Special officer for safeguarding the interests of linguistic minorities.

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
  • DPSPs are supplementary to the fundamental rights of the citizens.
  • They are intended to fill in the vacuum in Part III by providing for social and economic rights.
  • Their implementation creates a favourable atmosphere for the full and proper enjoyment of the fundamental rights by the citizens. Political democracy, without economic democracy, has no meaning.
  • Thus, DPSP ensure both social and economic democracy.
  • Ans-C

3..The values that inspired and guided the freedom struggle are embedded in which of the following?

(a) The Preamble
(b) The Fundamental Rights
(c) The Directive Principles of State Policy

(d) The Fundamental Duties

  • An illegal migrant cannot acquire the Citizenship of India.
  • The Citizenship Act, 1955, prescribes three ways of losing citizenship viz. renunciation, termination and deprivation. If a citizen has, within five years after registration or naturalisation, been imprisoned in any country for two years, his citizenship is compulsorily terminated by the Central Government.
  • Ans-B

4..With respect to the National Commission of Scheduled Castes, consider the following statements:

  1. It is a non- constitutional body.
  2. Its Chairman is appointed by President by warrant under his hand and seal.
  3. It also safeguards the rights of Anglo – Indian Community.

Which of the statements given above is/are correct?
(a) 2 only
(b) 2 and 3 only

(c) 1 and 2 only
(d) 1 and 3 only
  • Every resolution approving the proclamation of President‘s Rule or its continuation shall be passed by both the Houses of Parliament only by a simple majority (a majority of the members of that House present and voting).
  • The resolution approving the proclamation of National emergency or its continuance must be passed by both the houses of parliament by a special majority (A majority of total membership of that house and a majority of not less than two-third of the members present and voting).
  • Ans-A

5..Consider the following statements regarding Parliament’s power to reorganise the states:

  1. A Bill contemplating reorganisation of any state requires prior recommendation of the Governor of state before introduction in the Parliament.
  2. The law made for reorganising the states is not considered to be a constitutional amendment under Article 368.

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

  • The Directive Principles are non-justiciable in nature, that is, they are not legally enforceable by the courts for their violation.
  • Therefore, the government (Central, state and local) cannot be compelled to implement them.
  • Nevertheless, the Constitution (Article 37) itself says that these principles are fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.
  • The Directive Principles, though non-justiciable in nature,help the courts in examining and determining the constitutional validity of a law.
  • The Supreme Court has ruled many a times that in determining the constitutionality of any law, if a court finds that the law in question seeks to give effect to a Directive Principle, it may consider such law to be reasonable‘ in relation to Article 14 (equality before law) or Article 19 (six freedoms) and thus save such law from unconstitutionality.
  • The Fundamental Rights are meant for promoting the ideal of political democracy.
  • They prevent the establishment of an authoritarian and despotic rule in the country, and protect the liberties and freedoms of the people against the invasion by the State.
  • They operate as limitations on the tyranny of the executive and arbitrary laws of the legislature.
  • Ans-C