Articles of the Constitution

41. Which one of the following is not a feature of the Constitution of Ind

Which one of the following is not a feature of the Constitution of India ?

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It provides a set of basic rules.
It specifies the power of the Government.
It is the supreme law of the land.
It specifies the supremacy of the judiciary.
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UPSC NDA-2 – 2021
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The Constitution of India is the supreme law of the land (Option C). It provides a framework of basic rules for governance (Option A) and specifies the powers and structure of the Government’s organs (legislature, executive, judiciary) (Option B). While the judiciary plays a crucial role in interpreting the Constitution and upholding its supremacy through judicial review, the Constitution itself establishes the judiciary and defines its powers within the framework of constitutional supremacy. The Constitution specifies the role and powers of the judiciary, but it does not specify the “supremacy of the judiciary” over the Constitution or other branches in an unqualified sense. Therefore, “It specifies the supremacy of the judiciary” is not a correct fundamental feature of the Constitution in the same way as the others.
– The Constitution of India is the supreme law.
– It lays down the basic structure and rules of the political system.
– It defines the powers and functions of the different branches of government.
– Judicial review is a feature, but it operates within the framework of constitutional supremacy.
Constitutional supremacy is a key feature of the Indian political system, not the supremacy of any one organ. The judiciary is independent and powerful, serving as the guardian and interpreter of the Constitution, but its power is derived from and limited by the Constitution itself.

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42. Which one of the following is not a function of the Constitution of

Which one of the following is not a function of the Constitution of India?

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To ensure participation of good people in politics
To guarantee a set of rights to citizens
To define the power of the different organs of government
To create conditions for a just society
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The correct option is A, To ensure participation of good people in politics.
The Constitution of India performs several functions essential for a democratic state. It lays down the basic structure of the government, defines the powers and functions of its organs (legislature, executive, judiciary), guarantees fundamental rights to citizens, sets goals for the welfare state (DPSPs), and provides the framework for governance to achieve a just society. However, while the Constitution provides the mechanism for political participation (e.g., electoral process), it cannot *ensure* that only people with certain moral qualities (“good people”) enter politics. This is influenced by societal factors, political processes, and individual choices, not directly guaranteed by the constitutional framework itself.
B) The Constitution guarantees fundamental rights to citizens (Part III).
C) The Constitution defines the structure, powers, and responsibilities of the different organs of government (Parts V, VI, etc.).
D) The Constitution aims to create conditions for a just society through its Preamble (justice, equality, fraternity) and Directive Principles of State Policy (Part IV).
Ensuring the moral character of political participants is not a function directly undertaken or guaranteed by the text of the Constitution.

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43. The two provisions of the Constitution of India that most clearly expr

The two provisions of the Constitution of India that most clearly express the power of judicial review are:

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Article 21 and Article 446
Article 32 and Article 226
Article 44 and Article 152
Article 17 and Article 143
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The correct answer is B) Article 32 and Article 226. These two articles are the most direct constitutional provisions that enable judicial review in India. Article 32 guarantees the right to move the Supreme Court for the enforcement of Fundamental Rights and empowers the Supreme Court to issue writs (Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto) for this purpose. Article 226 grants similar powers to the High Courts to issue writs for the enforcement of Fundamental Rights and also for any other legal right. These articles allow courts to review the constitutionality of laws and executive actions if they violate fundamental or other legal rights.
Articles 32 and 226 provide citizens with the means to directly approach the Supreme Court and High Courts, respectively, to challenge violations of rights through the power of issuing writs, thereby acting as mechanisms for judicial review.
While the power of judicial review is also implicitly derived from other articles (like Article 13 which voids laws inconsistent with Fundamental Rights, the structure of the Constitution establishing the judiciary as the interpreter and protector of the Constitution, etc.), Articles 32 and 226 are the procedural backbone for invoking this power, particularly concerning rights enforcement. Other options are incorrect as Article 21 is a fundamental right itself, Article 44 is a DPSP, Article 17 is a fundamental right, Article 143 is related to advisory jurisdiction, and Article 152 defines ‘State’ for a different part of the Constitution. Article 446 does not exist in the Indian Constitution.

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44. Which one of the following provides for the complete equality of men a

Which one of the following provides for the complete equality of men and women in India ?

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Articles 14 and 15 of the Constitution of India
Fifth Schedule of the Constitution of India
The Indian Independence Act
Article 20 of the Constitution of India
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The Constitution of India guarantees fundamental rights, including the right to equality, which is enshrined in Articles 14 to 18. Specifically, Articles 14 and 15 are crucial for ensuring equality between men and women.
Article 14 guarantees equality before the law and equal protection of the laws. Article 15 prohibits discrimination on grounds of religion, race, caste, sex, or place of birth and also allows the state to make special provisions for women and children, enabling affirmative action for their advancement. Together, these articles provide the legal framework for complete equality, including gender equality.
The Fifth Schedule of the Constitution deals with the administration and control of Scheduled Areas and Scheduled Tribes. The Indian Independence Act 1947 was the act by the British Parliament that granted independence to India. Article 20 deals with protection in respect of conviction for offences.

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45. Under Article 21A of the Constitution of India, the State shall provid

Under Article 21A of the Constitution of India, the State shall provide free and compulsory education to all children up to the age of eleven years.
Every religious denomination has got absolute power under Article 26 of the Constitution of India to manage its own affairs in matters of religion.
Only religious and linguistic minorities find mention in Article 30 of the Constitution of India in reference to the right to establish educational institutions of their choice.
Parliament cannot empower, even by law, any court other than the Supreme Court of India the power to issue writs within local limits of its jurisdiction.
Which one of the following statements is correct?

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Under Article 21A of the Constitution of India, the State shall provide free and compulsory education to all children up to the age of eleven years.
Every religious denomination has got absolute power under Article 26 of the Constitution of India to manage its own affairs in matters of religion.
Only religious and linguistic minorities find mention in Article 30 of the Constitution of India in reference to the right to establish educational institutions of their choice.
Parliament cannot empower, even by law, any court other than the Supreme Court of India the power to issue writs within local limits of its jurisdiction.
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Statement C is correct. Article 30(1) of the Constitution grants all minorities, whether based on religion or language, the right to establish and administer educational institutions of their choice.
Let’s examine why other statements are incorrect: A) Article 21A provides for free and compulsory education for all children between the ages of *six and fourteen years*, not up to eleven years. B) Article 26 grants religious denominations rights to manage their affairs in matters of religion, but these rights are subject to public order, morality, and health, so the power is not absolute. D) This statement is incorrect; the Constitution itself, under Article 226, empowers High Courts (courts other than the Supreme Court) to issue writs within their territorial jurisdiction. Furthermore, Parliament *can* empower other courts to exercise writ powers for certain purposes (though the scope is typically limited compared to Article 32 and 226).
Article 21A was added by the 86th Amendment Act, 2002. Article 26 covers the rights of religious denominations. Article 30 deals with the rights of minorities to establish and administer educational institutions.

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46. Which of the following statements as per the Constitution of India are

Which of the following statements as per the Constitution of India are not correct ?

  • 1. The President tenders his resignation to the Chief Justice of India.
  • 2. The Vice-President tenders his resignation to the President of India.
  • 3. The Comptroller and Auditor General of India is removed from his office in the like manner as the President of India.
  • 4. A Judge of the Supreme Court can resign his office by writing under his hand addressed to the Chief Justice of India.

Select the correct answer using the code given below :

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1 and 2 only
3 and 4 only
1, 2 and 3
1, 3 and 4
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UPSC CDS-2 – 2019
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Statements 1, 3, and 4 are not correct as per the Constitution of India.
– Statement 1 is incorrect: The President tenders his resignation to the Vice-President of India (Article 56(1)(a)). The Vice-President then communicates this to the Speaker of the House of the People.
– Statement 2 is correct: The Vice-President tenders his resignation to the President of India (Article 67(a)).
– Statement 3 is incorrect: The Comptroller and Auditor General of India (CAG) is removed from office in the like manner as a Judge of the Supreme Court (Article 148(1) and Article 124(4)). A Supreme Court Judge is removed by an order of the President passed after an address by each House of Parliament, supported by a special majority, has been presented to the President in the same session for such removal on grounds of proved misbehaviour or incapacity. This is a different process than the impeachment process for the President, although both are difficult.
– Statement 4 is incorrect: A Judge of the Supreme Court can resign his office by writing under his hand addressed to the President of India, not the Chief Justice of India (Article 124(2) Proviso (a)).
Understanding the procedures for resignation and removal of high constitutional functionaries is crucial. These procedures are specifically laid out in the Constitution to ensure the independence and proper functioning of these offices.

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47. Article 371 A of the Constitution of India provides special privileges

Article 371 A of the Constitution of India provides special privileges to

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Nagaland
Mizoram
Sikkim
Manipur
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Article 371A of the Constitution of India provides special provisions with respect to the State of Nagaland.
This article protects the religious or social practices of the Nagas, Naga customary law and procedure, administration of civil and criminal justice involving decisions according to Naga customary law, and ownership and transfer of land and its resources.
Other Articles in the 371 series provide special provisions for different states, such as Article 371C for Manipur, Article 371F for Sikkim, and Article 371G for Mizoram.

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48. Under which one of the following Articles of the Constitution of India

Under which one of the following Articles of the Constitution of India, a statement of estimated receipts and expenditure of the Government of India has to be laid before the Parliament in respect of every financial year ?

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Article 110
Article 111
Article 112
Article 113
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Article 112 of the Constitution of India requires the President to cause to be laid before both Houses of Parliament a statement of the estimated receipts and expenditure of the Government of India for that year, which is known as the “Annual Financial Statement” or Budget.
Article 112 is the constitutional basis for the Union Budget presentation in the Indian Parliament. It mandates the executive to provide an account of its financial position and proposals for the upcoming financial year.
Article 110 defines Money Bills. Article 111 deals with the President’s assent to Bills. Article 113 deals with the procedure in Parliament regarding the estimates included in the Annual Financial Statement, specifically the Demands for Grants.

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49. Constitutional safeguards available to Civil Servants are ensured by

Constitutional safeguards available to Civil Servants are ensured by

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Article 310
Article 311
Article 312
Article 317
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Article 311 of the Constitution of India provides specific constitutional safeguards to civil servants against arbitrary dismissal, removal, or reduction in rank.
Article 311(1) states that no person who is a member of a civil service of the Union or an all-India service or a civil service of a State or holds a civil post under the Union or a State shall be dismissed or removed by an authority subordinate to that by which he was appointed.
Article 311(2) mandates that no such person shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges.
Article 310 deals with the doctrine of pleasure, under which civil servants hold office during the pleasure of the President or the Governor, but this is subject to the safeguards provided under Article 311. Article 312 pertains to the creation of All India Services. Article 317 deals with the removal or suspension of a member of a Public Service Commission. Thus, Article 311 is the primary article ensuring constitutional safeguards for civil servants regarding their tenure and disciplinary action.

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50. Which one of the following is not a provision related to a Money Bill

Which one of the following is not a provision related to a Money Bill ?

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Imposition, abolition, remission, alteration or regulation of any tax
Appropriation of moneys out of the Consolidated Fund of India
Imposition of fines by local authority for local purpose
Custody of the Consolidated Fund of India or the Contingency Fund of India
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Option C is correct because the imposition of fines by a local authority for local purposes is explicitly excluded from the definition of a Money Bill under Article 110(2)(a) of the Constitution of India.
A Money Bill deals specifically with matters listed in Article 110(1), primarily related to government finance, taxation, and the Consolidated/Contingency Funds of India.
Article 110 lists several matters that constitute a Money Bill, including taxation (A), appropriation of moneys out of the Consolidated Fund (B), and the custody/management of the Consolidated Fund or Contingency Fund (D). Clauses in Article 110(2) clarify what does *not* constitute a Money Bill, such as the imposition of fines or penalties by local authorities.

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