2021-22 Archives

91. Consider the following powers of the President of India : 1. The ex

Consider the following powers of the President of India :

1. The executive powers of the Union
2. The power to grant pardon and remit punishment
3. The supreme commander of the Defence forces of the Union

Which of the above powers is/are correct ?

[amp_mcq option1=”1 only” option2=”1 and 2 only” option3=”1 and 3 only” option4=”1, 2 and 3″ correct=”option4″]

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Article 53(1) of the Constitution states that the executive power of the Union shall be vested in the President and shall be exercised by him either directly or through officers subordinate to him in accordance with the Constitution. Article 72 grants the President the power to grant pardons, reprieves, respites, or remissions of punishment or to suspend, remit, or commute the sentence of any person convicted of any offence. Article 53(2) declares the President to be the Supreme Commander of the Defence Forces of the Union and states that the exercise of this power shall be regulated by law. All three listed powers are indeed powers of the President of India as outlined in the Constitution.

The President of India holds extensive executive, legislative, judicial, financial, diplomatic, military, and emergency powers, although most are exercised on the aid and advice of the Council of Ministers headed by the Prime Minister.

The President is the head of the Indian state and the first citizen of India. He is indirectly elected by an electoral college consisting of the elected members of both Houses of Parliament and the elected members of the legislative assemblies of the states and the Union Territories of Delhi and Puducherry.

92. Consider the following as part of fundamental duties under the Constit

Consider the following as part of fundamental duties under the Constitution of India :

1. To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem
2. To uphold and protect the sovereignty, unity and integrity of India
3. To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women
4. To practice any profession or to carry on any occupation, trade or business

Which of the above fundamental duties is/are correct ?

[amp_mcq option1=”1 only” option2=”1 and 2 only” option3=”1, 2 and 3 only” option4=”1, 2, 3 and 4″ correct=”option3″]

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Statements 1, 2, and 3 are explicitly listed as Fundamental Duties under Article 51A of the Constitution of India. Statement 4, “To practice any profession or to carry on any occupation, trade or business”, is a fundamental right guaranteed under Article 19(1)(g), not a fundamental duty. Therefore, only statements 1, 2, and 3 are correct as fundamental duties.

Fundamental Duties were added to the Constitution by the 42nd Amendment Act, 1976, on the recommendation of the Swaran Singh Committee. Originally ten in number, an eleventh duty was added by the 86th Amendment Act, 2002.

The Fundamental Duties are non-justiciable, meaning they cannot be enforced by courts. They serve as a reminder to citizens of their duties towards society, the nation, and their fellow citizens.

93. The Organization of Village Panchayats with specific powers and author

The Organization of Village Panchayats with specific powers and authority as may be necessary to endow them to function as units of self-government, is mentioned in

[amp_mcq option1=”Article 40 of the Constitution of India” option2=”Article 41 of the Constitution of India” option3=”Article 42 of the Constitution of India” option4=”Article 43 of the Constitution of India” correct=”option1″]

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Article 40 of the Constitution of India, which is a Directive Principle of State Policy (DPSP), states that “The State shall take steps to organise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government.” This Article is a foundational principle guiding the establishment and empowerment of local self-government institutions at the village level.

Article 40 mandates the State to organize Village Panchayats and empower them as units of self-government.

While Article 40 was in the DPSP, it provided the basis for subsequent constitutional developments relating to Panchayati Raj. The 73rd Constitutional Amendment Act, 1992, gave constitutional status to Panchayati Raj institutions, adding Part IX and the Eleventh Schedule to the Constitution, and making the organization and functioning of Panchayats a mandatory requirement for States. However, the principle itself is articulated in Article 40. Articles 41, 42, and 43 deal with other DPSPs like right to work, just and humane conditions of work, and living wage, respectively.

94. Which one of the following Articles of the Constitution of India deals

Which one of the following Articles of the Constitution of India deals with “Equal Justice and Free Legal Aid”?

[amp_mcq option1=”Article 14-A” option2=”Article 38″ option3=”Article 39″ option4=”Article 39-A” correct=”option4″]

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Article 39-A of the Constitution of India, which is a Directive Principle of State Policy (DPSP), deals with Equal Justice and Free Legal Aid. It directs the State to secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities. This article was inserted by the 42nd Amendment Act, 1976.

Article 39-A mandates the State to promote equal justice and provide free legal aid to ensure access to justice for all citizens.

Article 14 provides for Equality before law and Equal Protection of Laws. Article 38 directs the State to strive to promote the welfare of the people by securing and protecting a social order in which justice, social, economic and political, shall inform all the institutions of the national life. Article 39 lists several principles of policy to be followed by the State towards securing certain objectives, such as adequate means of livelihood, distribution of material resources, equal pay for equal work, etc. Article 39-A is a specific DPSP focusing on access to justice through equal opportunity and free legal aid.

95. Which among the following is not correct under Article 19 of the Const

Which among the following is not correct under Article 19 of the Constitution of India ?

[amp_mcq option1=”Freedom of speech and expression” option2=”Assemble peaceably and with arms” option3=”Form associations and unions” option4=”Move freely throughout the territory of India” correct=”option2″]

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Article 19(1) of the Constitution guarantees six fundamental freedoms. Article 19(1)(b) specifically grants the right “to assemble peaceably and *without arms*”. Option B states “Assemble peaceably and with arms”, which directly contradicts the constitutional provision that requires assemblies to be without arms. Therefore, assembling peaceably *with* arms is not a freedom guaranteed under Article 19(1)(b).

Article 19(1)(b) guarantees the freedom to assemble peaceably and *without arms*.

The other options correctly reflect freedoms guaranteed under Article 19: A) Freedom of speech and expression (19(1)(a)), C) Freedom to form associations and unions (19(1)(c)), and D) Freedom to move freely throughout the territory of India (19(1)(d)). All these freedoms are subject to reasonable restrictions that can be imposed by the State under Article 19(2) to 19(6).

96. Which among the following Constitutional Amendment Act is inserted [co

Which among the following Constitutional Amendment Act is inserted [co-operative societies] in Clause (1) of the Article 19 ?

[amp_mcq option1=”The Constitutional (97th Amendment) Act, 2011″ option2=”The Constitutional (44th Amendment) Act, 1978″ option3=”The Constitutional (4th Amendment) Act, 1955″ option4=”The Constitutional (95th Amendment) Act, 2009″ correct=”option1″]

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The Constitutional (97th Amendment) Act, 2011 gave constitutional status and protection to co-operative societies. It inserted “co-operative societies” in Article 19(1)(c) under the right to form associations and unions, thus granting it the status of a fundamental right to form co-operative societies. The Amendment also inserted a new Article 43B in the Directive Principles of State Policy relating to the promotion of co-operative societies and added Part IXB to the Constitution dealing with co-operative societies.

The 97th Amendment Act, 2011 inserted “co-operative societies” into Article 19(1)(c), making the formation of co-operative societies a fundamental right.

The 44th Amendment Act, 1978, inter alia, removed the right to property from the list of Fundamental Rights. The 4th Amendment Act, 1955, related to property rights and included certain acts in the 9th Schedule. The 95th Amendment Act, 2009, extended the reservation of seats for SCs and STs and special representation for Anglo-Indians in the Lok Sabha and State Legislative Assemblies for another ten years.

97. What does the 9th Schedule of the Constitution of India contain?

What does the 9th Schedule of the Constitution of India contain?

[amp_mcq option1=”List of Official Languages” option2=”Panchayati Raj System” option3=”Laws protected from Judicial review” option4=”Allocation of seats in the Rajya Sabha” correct=”option3″]

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The 9th Schedule of the Constitution of India was added by the 1st Amendment Act, 1951. It was created to protect laws, particularly those relating to agrarian reforms and abolition of Zamindari, from being challenged in courts on the ground that they violated Fundamental Rights. Laws placed in the 9th Schedule were initially considered immune from judicial review. Although the Supreme Court, in the I.R. Coelho case (2007), ruled that laws placed in the 9th Schedule after April 24, 1973 (the date of the Kesavananda Bharati judgment) are open to judicial scrutiny if they violate the basic structure of the Constitution, the Schedule’s content still primarily consists of laws that were intended to be protected from judicial review based on Fundamental Rights challenges.

The 9th Schedule lists laws that were initially intended to be shielded from judicial review based on Fundamental Rights.

The 8th Schedule lists the official languages of India. The 11th Schedule lists the powers, authority, and responsibilities of Panchayats. The 4th Schedule deals with the allocation of seats in the Rajya Sabha.

98. Under which Clause of Article 16, inserted by the Constitutional (77th

Under which Clause of Article 16, inserted by the Constitutional (77th Amendment) Act, 1995, stating that “Nothing in this Article shall prevent the State from making any provisions for the reservation in matter of promotion [with consequential seniority] to any class or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes, which, in the opinion of the State, is not adequately represented in the services under the State” ?

[amp_mcq option1=”Article 16(1)” option2=”Article 16(2)” option3=”Article 16(3)” option4=”Article 16(4-A)” correct=”option4″]

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Article 16(4A) was inserted into the Constitution by the Constitutional (77th Amendment) Act, 1995. This clause states that “Nothing in this article shall prevent the State from making any provision for reservation in matters of promotion to any class or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes which, in the opinion of the State, are not adequately represented in the services under the State.” The phrase “[with consequential seniority]” was added to Article 16(4A) later by the Constitutional (85th Amendment) Act, 2001, with retrospective effect from June 17, 1995. However, the insertion of the clause itself (16(4A)) allowing for promotion reservation was done by the 77th Amendment. The question asks for the Clause inserted by the 77th Amendment, which is 16(4A).

Article 16(4A), enabling reservation in promotion for SC/ST, was inserted by the 77th Constitutional Amendment Act, 1995.

Prior to the 77th Amendment, the Supreme Court, in the Indra Sawhney case (1992), had held that reservation under Article 16(4) is only for initial appointments and not for promotions. The 77th Amendment was enacted to constitutionally permit reservation in promotions for SCs and STs. The issue of consequential seniority arising from such promotions was addressed by the 85th Amendment, modifying the language of Article 16(4A).

99. The rule of the law is the basic feature of the Constitution under whi

The rule of the law is the basic feature of the Constitution under which specific Article and Clause of the Constitution of India provides that no law (future laws) can be enacted which runs contrary to the fundamental rights guaranteed under Part III of the Constitution of India ?

[amp_mcq option1=”Article 13(1)” option2=”Article 13(2)” option3=”Article 13(3)” option4=”Article 13(4)” correct=”option2″]

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Article 13(2) of the Constitution of India states that “The State shall not make any law which takes away or abridges the rights conferred by this Part [Part III – Fundamental Rights] and any law made in contravention of this clause shall, to the extent of the contravention, be void.” This clause specifically applies to laws made *after* the commencement of the Constitution (future laws) and mandates that they must be consistent with Fundamental Rights. It embodies the principle that legislative power is subject to Fundamental Rights, reinforcing the rule of law by making the Constitution the supreme law. Article 13(1) deals with pre-constitutional laws, Article 13(3) defines “law,” and Article 13(4) (added by 24th Amendment) relates to constitutional amendments, which is a different context.

Article 13(2) renders any law made after the commencement of the Constitution void to the extent it violates Fundamental Rights.

Article 13 is crucial as it provides for judicial review of legislation. If any law (both pre-constitutional under 13(1) and post-constitutional under 13(2)) is found to be inconsistent with Fundamental Rights, the judiciary can declare it void. This power makes the Fundamental Rights justiciable and upholds the supremacy of the Constitution. The concept of “rule of law” implies that the government’s actions, including legislation, must be within the bounds of the law, and Article 13 serves as a cornerstone in enforcing this principle by subjecting laws to the test of Fundamental Rights.

100. Under the RTI Act, 2005, can the applicant seek information through em

Under the RTI Act, 2005, can the applicant seek information through email or electronic means ?

[amp_mcq option1=”Yes, electronic requests are allowed” option2=”No, only physical applications are accepted” option3=”Depends on the discretion of the public authority” option4=”Electronic requests are allowed, but only for certain types of information” correct=”option1″]

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Yes, under the Right to Information Act, 2005, an applicant can seek information through electronic means. Section 6(1) of the Act specifies the manner of requesting information: “A person, who desires to obtain any information under this Act, shall make a request in writing or through electronic means in English or Hindi or in the official language of the area in which the application is being made, accompanied by such fee as may be prescribed…”. This explicitly includes “electronic means” as a valid method for submitting an RTI request.

The RTI Act, Section 6(1), allows for requests for information to be made through electronic means.

The inclusion of electronic means reflects the intent of the Act to facilitate easy access to information. Many public authorities now have provisions on their websites for filing RTI requests online, including payment of fees. This method is increasingly common and convenient for applicants. The permissible languages for the request are English, Hindi, or the official language of the area.