Answer with Explanation for Polity- Special MCQ-7
Q1. Correct Answer : D
Notably, the Territory of India‘ is a wider expression than the Union of India‘ because the latter includes only states while the former includes not only the states but also union territories and territories that may be acquired by the Government of India at any future time. The states are the members of the federal system and share a distribution of powers with the Centre. The union territories and the acquired territories, on the other hand, are directly administered by the Central government. Being a sovereign state, India can acquire foreign territories according to the modes recognised by international law,
i.e., cession (following treaty, purchase, gift, lease or plebiscite), occupation (hitherto unoccupied by a recognised ruler), conquest or subjugation.
For example, India acquired several foreign territories such as Dadra and Nagar Haveli; Goa, Daman and Diu; Puducherry; and Sikkim since the commencement of the Constitution.
Notably, Article 2 relates to the admission or establishment of new states that are not part of the Union of India. Article 3, on the other hand, relates to the formation of or changes in the existing states of the Union of India. In other words, Article 3 deals with the internal re-adjustment inter se of the territories of the constituent states of the Union of India.
Q2. Correct Answer : A
Article 3 authorises the Parliament to:
(a) 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,
(b) Increase the area of any state,
(c) Diminish the area of any state,
(d) Alter the boundaries of any state, and
(e) Alter the name of any state.
Q3. Correct Answer : D
The Supreme Court stands at the top of the integrated judicial system in the country. Below it, there are high courts at the state level. Under a high court, there is a hierarchy of subordinate courts, that is, district courts and other lower courts. This single system of courts enforces both the central laws as well as the state laws, unlike in USA, where the federal laws are enforced by the federal judiciary and the state laws are enforced by the state judiciary.
The Supreme Court is a federal court, the highest court of appeal, the guarantor of the fundamental rights of the citizens and the guardian of the Constitution. Hence, the Constitution has made various provisions to ensure its independence—security of tenure of the judges, fixed service conditions for the judges, all the expenses of the Supreme Court charged on the Consolidated Fund of India, prohibition on discussion on the conduct of judges in the legislatures, ban on practice after retirement, power to punish for its contempt vested in the Supreme Court, separation of the judiciary from the executive, and so on.Courts are not law enforcers; they are the upholders of the law. Laws are enforced by executive agencies.
Q4. Correct Answer : A
According to Dr B R Ambedkar, the Directive Principles of State Policy is a novel feature‘ of the Indian Constitution. They are enumerated in Part IV of the Constitution. They can be classified into three broad categories—socialistic, Gandhian and liberal–intellectual. 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. In the Minerva Mills case (1980), the Supreme Court 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
The term secular‘ was added to the Preamble of the Indian Constitution by the 42nd Constitutional Amendment Act of 1976.
(b) The Preamble secures to all citizens of India liberty of belief, faith and worship.
(c) The State shall not deny to any person equality before the law or equal protection of the laws (Article 14).
(d) The State shall not discriminate against any citizen on the ground of religion (Article 15).
(e) Equality of opportunity for all citizens in matters of public employment (Article 16).
(f) All persons are equally entitled to freedom of conscience and the right to freely profess, practice and propagate any religion (Article 25).
(g) Every religious denomination or any of its section shall have the right to manage its religious affairs (Article 26).
(h) No person shall be compelled to pay any taxes for the promotion of a particular religion (Article 27).
(i) No religious instruction shall be provided in any educational institution maintained by the State (Article 28).
(j) Any section of the citizens shall have the right to conserve its distinct language, script or culture (Article 29).
(k) All minorities shall have the right to establish and administer educational institutions of their choice (Article 30).
(l) The State shall endeavour to secure for all the citizens a Uniform Civil Code (Article 44).
Q6. Correct Answer : A
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. Further, the power of Parliament to form new states includes the power to form a new state or union territory by uniting a part of any state or union territory to any other state or union territory. The President (or Parliament) is not bound by the views of the state legislature and may either accept or reject them, even if the views are received in time. Further, it is not necessary to make a fresh reference to the state legislature every time an amendment to the bill is moved and accepted in Parliament.
Q7. Correct Answer : D
Article 12 has defined the term for the purposes of Part III.
According to it, the State includes the following:
Government and Parliament of India, that is, executive and legislative organs of the Union government.
Government and legislature of states, that is, executive and legislative organs of state government.
All local authorities, that is, municipalities, panchayats, district boards, improvement trusts, etc.
All other authorities, that is, statutory or non-statutory authorities like LIC, ONGC, SAIL, etc.
Thus, State has been defined in a wider sense so as to include all its agencies. It is the actions of these agencies that can be challenged in the courts as violating the Fundamental Rights.
According to the Supreme Court, even a private body or an agency working as an instrument of the State falls within the meaning of the State‘ under Article 12.
Q8. Correct Answer : A
The term connotes:
(a) the equality of treatment under equal circumstances, both in the privileges conferred and liabilities imposed by the laws,
(b) the similar application of the same laws to all persons who are similarly situated, and
(c) the like should be treated alike without any discrimination. Thus, the former is a negative concept while the latter is a positive concept. However, both of them aim at establishing equality of legal status, opportunity and justice.
The Supreme Court held that where equals and unequals are treated differently, Article 14 does not apply. While Article 14 forbids class legislation, it permits reasonable classification of persons, objects and transactions by the law. But the classification should not be arbitrary, artificial or evasive. Rather, it should be based on an intelligible differential and substantial distinction. Equality of opportunity is a different fundamental right under Article 16.
Q9. Correct Answer : B
It literally means we command‘. It is a command issued by the court to a public official asking him to perform his official duties that he has failed or refused to perform. It can also be issued against any public body, a corporation, an inferior court, a tribunal or government for the same purpose.
The writ of mandamus cannot be issued
(a) against a private individual or body;
(b) to enforce departmental instruction that does not possess statutory force;
(c) when the duty is discretionary and not mandatory;
(d) to enforce a contractual obligation;
(e) against the president of India or the state governors;
(f) against the chief justice of a high court acting in judicial capacity.
Q10. Correct Answer : A
Freedom of Speech and Expression It implies that every citizen has the right to express his views, opinions, belief and convictions freely by word of mouth, writing, printing, picturing or in any other manner.
Right to propagate one‘s views as well as views of others.
Freedom of the press.
Freedom of commercial advertisements.
Right against tapping of telephonic conversation.
Right to telecast, that is, government has no monopoly on electronic media.
Right against bandh called by a political party or organisation.
Right to know about government activities.
Freedom of silence.
Right against imposition of pre-censorship on a newspaper.
Right to demonstration or picketing but not right to strike.
The State can impose reasonable restrictions on the exercise of the freedom of speech and expression on the grounds of sovereignty and integrity of India, security of
the state, friendly relations with foreign states, public order, decency or morality, contempt of court, defamation, and incitement to an offence.
Q11. Correct Answer : B
The Supreme Court has reaffirmed its judgement in the Menaka case in the subsequent cases. It has declared the following rights as part of Article 21:
Right to live with human dignity.
Right to decent environment including pollution free water and air and protection against
Right to livelihood.
Right to privacy.
Right to shelter.
Right to health.
Right to free education up to 14 years of age.
Right to free legal aid.
Right against solitary confinement.
Right to speedy trial.
Right against handcuffing.
Right against inhuman treatment.
Right against delayed execution.
Right to travel abroad.
Right against bonded labour.
Right against custodial harassment.
Right to emergency medical aid.
Right to timely medical treatment in government hospital.
Right not to be driven out of a state.
Right to fair trial.
Right of prisoner to have necessities of life.
Right of women to be treated with decency and dignity.
Right against public hanging.
Right to hearing.
Right to information.
Right to reputation.
Q12. Correct Answer :A
The expression traffic in human beings‘ include
(a) selling and buying of men, women and children like goods;
(b) immoral traffic in women and children, including prostitution;
(c) devadasis; and
To punish these acts, the Parliament has made the Immoral Traffic (Prevention) Act, 1956.
The term begar’ means compulsory work without remuneration. It was a peculiar Indian system under which the local zamindars sometimes used to force their tenants to render services without any payment. In addition to begar, the Article 23 prohibits other similar forms of forced labour like bonded labour‘. The term forced labour‘ means compelling a person to work against his will. The word ‗force‘ includes not only physical or legal force but also force arising from the compulsion of
economic circumstances, that is, working for less than the minimum wage. In this regard, the Bonded Labour System (Abolition) Act, 1976; the Minimum Wages Act, 1948; the Contract Labour Act, 1970 and the Equal Remuneration Act, 1976 were made.
Q13. Correct Answer 😀
Democracy is of two types—direct and indirect. In direct democracy, the people exercise their supreme power directly as is the case in Switzerland. There are four
devices of direct democracy, namely, Referendum, Initiative, Recall and Plebiscite. In indirect democracy, on the other hand, the representatives elected by the people
exercise the supreme power and thus carry on the government and make the laws. This type of democracy, also known as representative democracy, is of two kinds— parliamentary and presidential.
The Indian Constitution provides for representative parliamentary democracy under which the executive is responsible to the legislature for all its policies and actions. Referendum is a procedure whereby a proposed legislation is referred to the electorate for settlement by their direct votes. Initiative is a method by means of which the people can propose a bill to the legislature for enactment. Recall is a method by means of which the voters can remove a representative or an officer before the expiry of his term, when he fails to discharge his duties properly. Plebiscite is a method of obtaining the opinion of people on any issue of public importance. It is generally used to solve the territorial disputes.
Q14. Correct Answer :A
The Preamble secures to all citizens of India equality of status and opportunity. This provision embraces three dimensions of equality—civic, political and economic.
The following provisions of the chapter on Fundamental Rights ensure civic equality:
(a) Equality before the law (Article 14).
(b) Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth (Article 15).
(c) Equality of opportunity in matters of public employment (Article 16).
(d) Abolition of untouchability (Article 17).
(e) Abolition of titles (Article 18).
There are two provisions in the Constitution that seek to achieve political equality. One, no person is to be declared ineligible for inclusion in electoral rolls on grounds of religion, race, caste or sex (Article 325). Two, elections to the Lok Sabha and the state assemblies to be on the basis of adult suffrage (Article 326).
Q15. Correct Answer :C
Like any other part of the Constitution, the Preamble was also enacted by the Constituent Assembly, but, after the rest of the Constitution was already enacted. The reason for inserting the Preamble at the end was to ensure that it was in conformity with the Constitution as adopted by the Constituent Assembly. While forwarding the Preamble for votes, the president of the Constituent Assembly said, The question is that Preamble stands part of the Constitution‘. The motion was then adopted.
Hence, the current opinion held by the Supreme Court that the Preamble is a part of the Constitution, is in consonance with the opinion of the founding fathers of the Constitution.
However, two things should be noted:
The Preamble is neither a source of power to legislature nor a prohibition upon the powers of legislature.
It is non-justiciable, that is, its provisions are not enforceable in courts of law.