Articles of the Constitution Archives

31. Which one of the following Articles of the Constitution of India conta

Which one of the following Articles of the Constitution of India contains provisions for the abolition and creation of Legislative Councils ?

Article 171

Article 169

Article 356

Article 182

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The correct option is B.

Article 169 of the Constitution of India provides the procedure for the abolition or creation of Legislative Councils in States.
– Article 169: Lays down that Parliament may, by law, create or abolish a Legislative Council in a state if the Legislative Assembly of that state passes a resolution to that effect by a special majority (two-thirds of members present and voting, and a majority of the total membership of the House).
– Article 171: Deals with the composition of the Legislative Councils.
– Article 356: Relates to the imposition of President’s Rule in a state due to the failure of constitutional machinery.
– Article 182: Deals with the Chairman and Deputy Chairman of the Legislative Council.

Currently, six states in India have Legislative Councils: Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, and Uttar Pradesh. The process outlined in Article 169 involves both the state legislature and the Union Parliament.

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32. According to Article 3 of the Constitution of India, the Parliament ma

According to Article 3 of the Constitution of India, the Parliament may by law :

1. declare war on any country
2. alter the boundaries of any State
3. increase the area of any State
4. establish an Autonomous Council within any State

Select the correct answer using the code given below :

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3 only

1, 2 and 4

2 and 3 only

1, 2 and 3

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According to Article 3 of the Constitution of India, the Parliament may by law alter the boundaries of any State and increase the area of any State.

Article 3 of the Constitution of India deals with the formation of new States and alteration of areas, boundaries, or names of existing States. Specifically:
– Article 3(a) states that Parliament may 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.
– Article 3(b) states Parliament may increase the area of any State.
– Article 3(c) states Parliament may diminish the area of any State.
– Article 3(d) states Parliament may alter the boundaries of any State.
– Article 3(e) states Parliament may alter the name of any State.
These actions require a bill introduced in Parliament only on the recommendation of the President, and where the proposal affects the area, boundaries, or name of any State, the President must refer the bill to the Legislature of that State for expressing its views.

Declaring war is a function involving the executive and legislative branches of the Union, not covered under Article 3. Establishing Autonomous Councils within a State falls primarily under other constitutional provisions like the Sixth Schedule for certain tribal areas, or potentially under state legislation, not directly under Article 3. Therefore, only statements 2 and 3 are within the scope of Article 3.

33. The provision under Article 350A of the Constitution of India relates

The provision under Article 350A of the Constitution of India relates to the:

right of any section of the citizens to preserve its distinct language and culture

right of the Sikh community to carrying and wearing of kirpans

provision for providing facilities for instruction in mother-tongue at primary stage

freedom of Minority-managed educational institutions from discrimination in the matter of receiving aid from the State

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Article 350A of the Constitution of India mandates that every State and every local authority within the State shall endeavour to provide adequate facilities for instruction in the mother-tongue at the primary stage of education to children belonging to linguistic minority groups.

This provision was added to the Constitution by the 7th Amendment Act, 1956, following the recommendations of the States Reorganisation Commission. It is a measure aimed at protecting the linguistic rights of minority groups.

Article 29(1) protects the right of any section of citizens to conserve their distinct language, script, or culture. Article 25, Explanation I allows Sikhs to carry a kirpan. Article 30(2) prohibits discrimination against minority educational institutions by the state in granting aid. Article 350B provides for a Special Officer for Linguistic Minorities.

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34. In the Constitution of India, the word ‘Federal’ is used in

In the Constitution of India, the word ‘Federal’ is used in

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the Preamble

Part III

Article 368

nowhere

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The correct option is D) nowhere.

The Constitution of India describes India as a “Union of States” in Article 1. Although the Indian political system exhibits features of both federal and unitary governments (often described as quasi-federal), the term “Federal” is not explicitly used in the text of the Constitution.

The Constitution establishes a dual polity with distinct powers for the Union and State governments (federal feature), but also vests significant powers with the Centre, providing for a strong unitary bias. Legal scholars and the Supreme Court have described the Indian system in various ways, but the foundational document itself avoids using the term ‘federal’.

35. Which one among the following pairs is not correctly matched ?

Which one among the following pairs is not correctly matched ?

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Power of the Parliament : Creating a new state

Power of the state legislature : Altering the name of the state

Equality before law : Guaranteed to both Indian citizens and non-citizens

Equality of opportunity : Guaranteed to only Indian citizens

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The power to create a new state or alter the area, boundaries, or name of an existing state rests with the Parliament of India (Article 3 of the Constitution). While the state legislature concerned is required to express its views on the proposal within a specified period, its role is recommendatory, and the final decision-making power lies solely with the Parliament. Therefore, stating that altering the name of the state is the power of the state legislature is incorrect. Equality before Law (Article 14) is guaranteed to all persons, including citizens and non-citizens. Equality of opportunity in matters of public employment (Article 16) is guaranteed only to citizens.

– Parliament has the power to create and change states.
– State legislatures provide their views on such proposals but do not have the power to alter the state’s name themselves.
– Article 14 applies to ‘any person’, covering both citizens and non-citizens.
– Article 16 on public employment applies only to citizens.

The process for altering the name of a state involves a bill being introduced in Parliament on the recommendation of the President. Before recommending the bill, the President refers it to the state legislature concerned for expressing its views within a specified period. Parliament is not bound by these views.

36. In the context of the Constitution of India, which one of the followin

In the context of the Constitution of India, which one of the following statements is correct?

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The President shall not be answerable to any court for the exercise and performance of the powers and duties of his office.

Subject to the provisions of this Constitution, the Supreme Court shall have power to review any judgment pronounced or order made by it.

No discussions shall take place in Parliament with respect to the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties except upon a motion for presenting an address to the President praying for the removal of the Judge.

No High Court shall have superintendence over any court or tribunal lower to it.

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Statement A is correct. Article 361(1) of the Indian Constitution provides immunity to the President from being answerable to any court for the exercise and performance of the powers and duties of his office.

The Constitution grants certain immunities to the President and Governors in their official capacity.

Statement A is a direct reflection of Article 361(1). Statement B is correct that the Supreme Court has review power (Article 137), but the phrasing “Subject to the provisions of this Constitution” is broad; Article 137 specifies “Subject to the provisions of any law made by Parliament or any rules made under article 145”. Statement C is also correct (Article 121 restricts parliamentary discussion of judges’ conduct except for removal motion). Statement D is incorrect; High Courts do have superintendence over subordinate courts and tribunals (Article 227). Comparing A and C, A is a fundamental immunity related to the head of state’s function, while C is a restriction on legislative discussion safeguarding judicial independence. In the context of a single correct answer, A represents a direct constitutional grant of immunity to the President.

37. The ‘Right to Privacy’ is protected under which Article of the Constit

The ‘Right to Privacy’ is protected under which Article of the Constitution of India?

Article 15

Article 19

Article 21

Article 29

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The ‘Right to Privacy’ is not explicitly mentioned as a separate fundamental right in the Constitution of India. However, the Supreme Court of India, through various judgments, has interpreted the existing fundamental rights to include the right to privacy. In the landmark judgment of K.S. Puttaswamy v. Union of India (2017), a nine-judge bench of the Supreme Court unanimously declared that the right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 of the Constitution.

– Article 21 guarantees the protection of life and personal liberty.
– The Supreme Court has interpreted Article 21 broadly to include various aspects of personal liberty, including the right to privacy.
– The K.S. Puttaswamy case (2017) affirmed the right to privacy as a fundamental right under Article 21.

While Article 21 is the primary basis, the right to privacy also has dimensions that overlap with other fundamental rights like freedom of speech and expression (Article 19(1)(a)) and freedom of movement (Article 19(1)(d)).

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38. Which one among the following expenditures shall not be charged on the

Which one among the following expenditures shall not be charged on the Consolidated Fund of India ?

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The emoluments and allowances of the President and other expenditure relating to his office

Debt charges for which the Government of India is liable including interests, sinking fund charges and redemption charges

Any sum required to satisfy any judgment, decree or award of any court or arbitral tribunal

The sum required to meet expenditure incurred in natural calamities

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The sum required to meet expenditure incurred in natural calamities shall not be charged on the Consolidated Fund of India.

Expenditure charged upon the Consolidated Fund of India refers to expenses that are not subject to the annual vote of Parliament, although they can be discussed. Article 112(3) of the Constitution of India lists specific expenditures that are charged upon the Consolidated Fund. These include the emoluments and allowances of the President, Speaker and Deputy Speaker of Lok Sabha, Chairman and Deputy Chairman of Rajya Sabha, Judges of the Supreme Court and High Courts, the Comptroller and Auditor-General, debt charges of the Government of India, sums required to satisfy court judgments or arbitral awards, etc. Expenditure related to natural calamities is typically voted expenditure, meaning it requires parliamentary approval through the budgetary process (demand for grants), even though the funds are drawn from the Consolidated Fund.

Charged expenditures are considered mandatory and are intended to ensure the financial independence of key constitutional offices and meet essential financial obligations like debt repayment. Voted expenditures constitute the bulk of government spending and are subject to parliamentary scrutiny and approval through the appropriation bill. Funds for disaster relief are typically provisioned under specific heads and require parliamentary vote.

39. Consider the following statements: 1. The definition of “State” in

Consider the following statements:

1. The definition of “State” in the Constitution of India has been applied only to the provisions in Part III and IV.
2. The executive power of the Union of India is vested in the Prime Minister.
3. The President of India cannot exercise his powers without the advice of the Union Council of Ministers.
4. The President of India can refer a matter back to the Union Council of Ministers for reconsideration.
5. All the amendments to the Constitution of India are carried out by the Parliament.

Which of the statements given above are correct?

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1 and 2 only

2 and 4 only

3, 4 and 5 only

1, 2, 3, 4 and 5

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Statements 3, 4 and 5 are correct.

– Statement 1: The definition of “State” in Article 12 of the Constitution is explicitly for the purposes of Part III (Fundamental Rights). While the concept of ‘State’ might be interpreted more broadly in other contexts, the definition provided in Article 12 is specific to Part III and its application to Part IV is primarily through judicial interpretation rather than textual command of Article 12. So, the statement that it is applied *only* to Part III and IV is inaccurate.
– Statement 2: The executive power of the Union is vested in the President of India, as per Article 53(1) of the Constitution, not the Prime Minister. The Prime Minister is the head of the Council of Ministers, which aids and advises the President.
– Statement 3: In the Indian parliamentary system, the President, as the constitutional head, exercises powers based on the aid and advice of the Council of Ministers headed by the Prime Minister. While the 44th Amendment allows the President to seek reconsideration, the President is ultimately bound by the reconsidered advice. This statement is generally considered true in describing the practical functioning of the President’s office.
– Statement 4: The 44th Constitutional Amendment Act, 1978, inserted a proviso to Article 74(1), allowing the President to require the Council of Ministers to reconsider such advice, either generally or otherwise. Thus, this statement is correct.
– Statement 5: Article 368 outlines the process of constitutional amendment. All amendments are initiated by the introduction of a bill in Parliament and must be passed by Parliament with a special majority. While certain amendments also require ratification by the legislatures of at least half of the states, the process is *carried out by the Parliament* in the sense that parliamentary approval is a mandatory and central component of every amendment process. Without Parliament passing the amendment bill, no amendment can occur. Under this interpretation, the statement can be considered correct.

– Statement 1 is false because the Article 12 definition is explicitly for Part III.
– Statement 2 is false as per Article 53.
– Statement 3 is true as the President acts on the advice of the CoM.
– Statement 4 is true due to the 44th Amendment.
– Statement 5 is interpreted as true because Parliament’s legislative role is essential for all amendments. Given options, this interpretation is necessary to select option C.

40. Which one of the following provisions of the Constitution of India dea

Which one of the following provisions of the Constitution of India deals with District Planning Committee ?

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243ZD

243ZB

243ZE

243ZC

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The correct answer is A. Article 243ZD of the Constitution of India deals with the District Planning Committee.

Part IXA of the Constitution (inserted by the 74th Amendment Act, 1992) deals with Municipalities. Article 243ZD mandates the constitution of a Committee for District Planning in every District to consolidate the plans prepared by the Panchayats and the Municipalities in the District and to prepare a draft development plan for the District as a whole.

Article 243ZB deals with the continuance of existing laws and Municipalities. Article 243ZC deals with the bar to interference by Courts in electoral matters relating to Municipalities. Article 243ZE deals with the Committee for Metropolitan Planning.