Answer with Explanation for Polity- Special MCQ-11
Q1. Correct Answer : D
A state legislature can impose taxes on professions, trades, callings and employments, sale or purchase of goods (other than newspapers) etc.
However, a tax imposed on the sale or purchase of goods declared by Parliament to be of special importance in inter-state trade and commerce is subject to the restrictions and conditions specified by the Parliament. Presidential assent is not generally required for introduction of taxes by a state
Q2. Correct Answer : D
Article 74 provides for a council of ministers headed by the Prime Minister to aid and advise the President in the exercise of his functions. The advice so tendered is binding on the President. Unamended constitution had some scope of Presidential discretion where he was not explicitly bound by the aid and advice of the council of Ministers.
Q3. Correct Answer : B
Statement 1: Article 356 empowers the President to issue a proclamation, if he is satisfied that a situation has arisen in which the government of a state cannot be carried on in accordance with the provisions of the Constitution. Notably, the president can act either on a report of the governor of the state or otherwise too (ie, even without the governor’s report).
Statement 2: A proclamation imposing President’s Rule must be approved by both the Houses of Parliament within two months from the date of its issue. If approved by both the Houses of Parliament, the President’s Rule continues for six months
Q4. Correct Answer : D
In the Champakam Dorairajan case, the Supreme Court ruled that in case of any conflict between the Fundamental Rights and the Directive Principles, the former would prevail. In Golaknath case (1967) the Supreme Court ruled that the Parliament cannot take away or abridge any of the Fundamental Rights, which are ‘sacrosanct’ in nature. In the Minerva Mills case (1980), the Supreme Court also held that ‘the Indian Constitution is founded on the bedrock of the balance between the Fundamental Rights and the Directive Principles.
Q5. Correct Answer : D
Besides the Parliament’s power to legislate directly on the state subjects under the exceptional situations, the Constitution empowers the Centre to exercise control over the state’s legislative matters in the above mentioned ways. For example, the bills imposing restrictions on the freedom of trade and commerce can be introduced only after Presidential assent.
Q6. Correct Answer : D
The Parliament has exclusive powers to make laws with respect to any of the matters enumerated in the Union List and Residuary list.
Both, the Parliament and state legislature can make laws with respect to any of the matters enumerated in the Concurrent List even if a Central law exists. But, laws made by state should not contravene Central laws.
Q7. Correct Answer : A
The division of powers established by the Constitution as well as the supremacy of the Constitution can be maintained only if the method of its amendment is rigid. Hence, the Constitution is rigid to the extent that those provisions which are concerned with the federal structure. So, 1 is correct. State governments derive their authority from the constitution, not the Centre. So, 2 is wrong. The states are given representation in the Rajya Sabha on the basis of population. Hence, the membership varies from 1 to 31. So, 3 is wrong.
Q8. Correct Answer : B
It addresses the service related grievances of central government employees. It does not implement any DPSP.
The Legal Services Authorities Act (1987 has established a nationwide network to provide free and competent legal aid to the poor and to organise lok adalats for promoting equal justice.
Three-tier panchayati raj system (at village, taluka and zila levels) has been introduced to translate into reality Gandhiji’s dream of every village being a republic.
It reduces inequality and leads to welfare of weaker sections of the population.
Q9. Correct Answer : C
Article 368 of the Constitution deals with the powers of Parliament to amend the Constitution and its procedure. It states that the Parliament may, in exercise of its constituent power, amend by way of addition, variation or repeal any provision of the Constitution in accordance with the procedure laid down for the purpose. But, if the amendment alters the basic structure, for e.g. Judicial review, Parliamentary democracy, Rule of Law, Secularism etc. then the amendment can be declared ultra vires by the SC.
Q10. Correct Answer : C
Some of the labour related DPSPs are:
To make provision for just and humane conditions for work and maternity relief (Article 42).
To secure a living wage, a decent standard of life and social and cultural opportunities for allworkers (Article 43).
To take steps to secure the participation of workers in the management of industries (Article 43 A).