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Prelims-IAS –POLITY MCQ Ans-39

1..Which of the following is not the reason for the bulkiness of Indian Constitution?

(a)  Country’s diversity
(b)  Elaborate provisions for centre and state
(c)  Catering to the needs of huge population of the country
(d)  To enable smooth functioning of infant democracy of India at the time of independence
  • Population of Indian has nothing to do with the bulkiness of Constitution.
  • Rather it is the diversity of language, caste and creed which our constitution aims to protect through the ideals of liberty, equality and fraternity.
  • It was also felt that smooth functioning of infant democracy might be jeopardised unless the constitution mentioned in the detailed things which were left in other constitution to ordinary legislation.
  • This explains why we have detailed provision about the organistion of judiciary, UPSC, Elections etc.
  • ANS-C

2..The Finance Commission makes recommendations with respect to which of the following matters?

  1. Distribution of taxes between the Centre and states.
  2. Expenditure from the Contingency Fund of India.
  3. Grants-in-aid to the states by the Centre.

Select the correct answer using the code given below.

(a)  1, 2 and 3
(b)  1 and 3 only
(c)  1 and 2 only
(d)  2 and 3 only
  • The Finance Commission is required to make recommendations to the President of India on the following matters:
  The distribution of the net proceeds of taxes to be shared between the Centre and the states, and the allocation between the states of the respective shares of such proceeds.
  The principles that should govern the grants-in-aid to the states by the Centre (i.e., out of the Consolidated Fund of India).
  The measures needed to augment the consolidated fund of a state to supplement the resources of the panchayats and the municipalities in the state on the basis of the recommendations made by the State Finance Commission.
  Any other matter referred to it by the President in the interests of sound finance. Expenditure from the Contingency Fund of India is made through an executive decision.
  • ANS-B

3..Consider the following statements:

  1. The President can declare a national emergency even before the actual occurrence of war or external aggression.
  2. The President can proclaim a national emergency only after receiving a written recommendation from the Prime Minister.

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
  • Under Article 352 of Indian Constitution (National Emergency), the President can declare a national emergency when the security of India or a part of it is threatened by war or external aggression or armed rebellion. It may be noted that the president can declare a national emergency even before the actual occurrence of war or external aggression or armed rebellion, if he is satisfied that there is an imminent danger.
  • The President can proclaim a national emergency only after receiving a written recommendation from the cabinet. This means that the emergency can be declared only on the concurrence of the cabinet and not merely on the advice of the Prime Minister.
  • ANS-A

4..The functional jurisdiction of UPSC extends to which of the following area(s)?

  1. Reservation of appointments in favour of backward classes.
  2. Assisting the states in matters of joint recruitments.
  3. Classification of services and cadre management.

Select the correct answer using the code given below.

(a)  1, 2 and 3
(b)  2 only
(c)  1 and 3 only
(d)  3 only
  • Making reservations of appointments or posts in favour of any backward classes of citizens is kept outside the functional jurisdiction of the UPSC. UPSC is also not consulted while taking into consideration the claims of SCs and STs in making appointments to services and posts.
  • UPSC assists the states (if requested by two or more states to do so) in framing and operating schemes of joint recruitment for any services for which candidates possessing special qualifications are required.
  • UPSC is not concerned with the classification of services, pay and service conditions, cadre management, training etc. these matters are handled by the Dept. Of Personnel and Training under the Ministry of Personnel, Public Grievances and pensions.
  • ANS-B

5..Consider the following statements regarding Preamble to Indian Constitution:

1. It is based on the Objective Resolution moved by Jawaharlal Nehru in the constituent assembly.
2. It is not a part of the Constitution.
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 Preamble to the Indian Constitution is based on the ‘Objectives Resolution’, drafted and moved by Jawaharlal Nehru, and adopted by the Constituent Assembly.
  • The question as to whether the Preamble can be amended under Article 368 of the Constitution arose for the first time in the historic case of Kesavananda Bharati (1973). It was urged that the Preamble cannot be amended as it is not a part of the Constitution. The petitioner contended that the amending power in Article 368 cannot be used to destroy or damage the basic elements or the fundamental features of the Constitution, which are enshrined in the Preamble.
  • The Supreme Court, however, held that the Preamble is a part of the Constitution. The Court stated that the opinion tendered by it in the Berubari Union (1960) in this regard was wrong, and held that the Preamble can be amended, subject to the condition that no amendment is done to the ‘basic features’. In other words, the Court held that the basic elements or the fundamental features of the Constitution as contained in the Preamble cannot be altered by an amendment under Article 368.
  • The Preamble has been amended only once so far, in 1976, by the 42nd Constitutional Amendment Act, which has added three new words – Socialist, Secular and Integrity to the Preamble. This amendment was held to be valid.
  • ANS-A

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