Prelims-IAS –POLITY MCQ Ans-35

1..Fundamental Duties were added to Indian constitution on the recommendation of?

(a) Sarkaria Commission
(b) Swaran Singh committee
(c) L M Singhvi committee
(d) Punchhi Commission
  • The Fundamental Duties were inserted in the Constitution by the 42nd Amendment Act of 1976.
  • They were included on the recommendations of the Swaran Singh Committee.
  • Ans-B

2..With respect to the Preventive detention, which of the following statements is/are not correct?

  1. The Constitution provides protection against arrest under a preventive detention law only to the citizens.
  2. Both the Parliament and state legislatures can make a law regarding prevention detention.

Select the correct answer using the code given below.
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

  • The Article 22 grants protection to persons who are arrested or detained under a preventive detention law which is available to both citizens as well as aliens.
  • The Constitution has divided the legislative power with regard to preventive detention between the Parliament and the state legislatures.
  • The Parliament has exclusive authority to make a law of preventive detention for reasons connected with defence, foreign affairs and the security of India.
  • Both the Parliament as well as the state legislatures can concurrently make a law of preventive detention for reasons connected with the security of a state, the maintenance of public order and the maintenance of supplies and services essential to the community.
  • Ans-A

3..Which of the following parts of the constitution is/are justiciable in nature?

  1. Directive Principle of State Policy
  2. Fundamental Duties
  3. Fundamental Rights

Select the correct answer using the code given below.

(a)  3 only
(b)  2 and 3 only
(c)  1 and 2 only
(d)  1, 2 and 3
  • The directive principles are meant for promoting the ideal of social and economic democracy.
  • They seek to establish a welfare state‘ in India.
  • However, unlike the Fundamental Rights, the directives are non- justiciable in nature, that is, they are not enforceable by the courts for their violation.
  • Yet, the Constitution itself declares 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‘.
  • Hence, they impose a moral obligation on the state authorities for their application. But, the real force (sanction) behind them is political, that is, public opinion.
  • The fundamental duties serve as a reminder to citizens that while enjoying their rights, they have to be quite conscious of duties they owe to their country, their society and to their fellow-citizens.
  • However, like the Directive Principles, the duties are also non-justiciable in nature.
  • The Fundamental rights are justiciable in nature.
  • They are enforceable by the courts for their violation.
  • The aggrieved person can directly go to the Supreme Court which can issue the writs of habeas corpus, mandamus, prohibition, certiorari and quo warranto for the restoration of his rights.
  • Ans-A

4.. Why is the Indian Constitution called a ‘living document’?

(a)  Extensive debates were held in the Constituent Assembly while framing the Constitution.
(b)  The Constitution guarantees Right to Life as a Fundamental Right.
(c)  It adopted several provisions of leading democracies of the world.
(d)  It can be amended and evolved with changing situations.
  • Constitution is a living document.
  • Almost like a living being, this document keeps responding to the situations and circumstances arising from time to time.
  • Like a living being, the Constitution responds to experience.
  • In fact that is the answer to the riddle we mentioned at the beginning about the durability of the Constitution.
  • Even after so many changes in the society, the Constitution continues to work effectively because of this ability to be dynamic, to be open to interpretations and the ability to respond to the changing situation. This is a hallmark of a democratic constitution.
  • In a democracy, practices and ideas keep evolving over time and the society engages in experiments according to these.
  • A constitution, which protects democracy and yet allows for evolution of new practices becomes not only durable but also the object of respect from the citizens.
  • Ans-D

5.. Which of the following parts of the Constitution mentions the doctrine of the ‘basic structure’ of the Constitution?

  1. Preamble
  2. Fundamental Rights
  3. Directive Principles of State Policy

Select the correct answer using the code given below.

(a)  1 and 3 only
(b)  2 only
(c)  1, 2 and 3
(d)  None
  • The doctrine of basic structure‘ is a judicial innovation.
  • It finds no mention in the Constitution.
  • In the Kesavananda Bharati case (1973), the Supreme Court overruled its judgement in the Golak Nath case (1967).
  • It stated that Parliament is empowered to abridge or take away any of the Fundamental Rights.
  • At the same time, it laid down a new doctrine of the basic structure‘ (or basic features‘) of the Constitution.
  • It ruled that the constituent power of Parliament under Article 368 does not enable it to alter the basic structure‘ of the Constitution.
  • This means that the Parliament cannot abridge or take away a Fundamental Right that forms a part of the basic structure‘ of the Constitution.
  • Ans-D

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