Indian Polity Mixed Quiz: Set 1

The correct answer is 1946. The Cabinet Mission came to India in 1946 to work out how power would be handed over, and its plan laid down how a Constituent Assembly would be formed: 389 seats in all, 296 for British India and 93 for the princely states, with the members from the provinces elected indirectly by the provincial legislative assemblies. Elections to the British Indian seats followed in July and August 1946, and the Assembly held its first meeting on 9 December 1946.

The other years cannot be right. The Constitution was adopted on 26 November 1949 and came into force on 26 January 1950, so an Assembly formed in 1952, 1959 or 1962 would have had nothing left to write. A good way to fix this date is to tie it to two others from the same year: the elections of July and August 1946, and the first sitting in December 1946.

The correct answer is The People of India. The Preamble opens with the words "We, the people of India", which name the people as the source from which the Constitution draws its authority. The Constitution was not handed down by a government, a court or a legislature; the people, through their Constituent Assembly, adopted, enacted and gave it to themselves on 26 November 1949.

The Supreme Court, the Indian Parliament and the Central Government are all created by the Constitution, so none of them can be its source of authority. Each of them exercises only the powers the Constitution gives it. This is the first of the four things the Preamble tells us, the others being the nature of the Indian State (sovereign, socialist, secular, democratic, republic), its objectives (justice, liberty, equality and fraternity) and the date of adoption. A fill-in-the-blank question like this one tests whether you know the exact opening words, so learn the text as written.

The correct answer is the USA. The Bill of Rights is the name given to the first ten amendments to the Constitution of the United States, adopted in 1791, which protect freedoms such as speech and religion against the government. India's framers took from it the idea of a written list of rights that the State cannot violate and that the courts will enforce. Part III of our Constitution, Articles 12 to 35, is the result, and it is often called the Magna Carta of India.

The other countries gave India different features. From Australia came the Concurrent List, freedom of trade and commerce, and the joint sitting of the two Houses of Parliament. From Japan came the phrase "procedure established by law" used in Article 21. From the former USSR came the Fundamental Duties and the ideal of social, economic and political justice in the Preamble. So even inside Part III there are two sources to remember: the chapter as a whole from the USA, and the wording of Article 21 from Japan.

The correct answer is Directive Principles of State Policy. Part IV of the Constitution, Articles 36 to 51, contains the Directive Principles: the goals the State should pursue in making laws and policies, such as a living wage, free legal aid, village panchayats and a Uniform Civil Code. Article 37 makes them non-justiciable but "fundamental in the governance of the country".

Each wrong option belongs to a different Part. The Fundamental Rights are in Part III, Articles 12 to 35. The Fundamental Duties are in Part IVA, a single Article, 51A, added in 1976. "The Union" is Part V, which begins at Article 52 with the President and covers the Union executive, Parliament and the Supreme Court. Learning the four Parts in a row makes this kind of question easy: Part III rights (12–35), Part IV directives (36–51), Part IVA duties (51A), and Part V the Union (from 52).

The correct answer is A, The Constitution (42nd Amendment) Act. The 42nd Amendment of 1976, passed on the recommendation of the Swaran Singh Committee, added a new Part IV-A with a single Article 51A listing ten Fundamental Duties of citizens, such as respecting the Constitution, the National Flag and the National Anthem, protecting the environment and developing the scientific temper. The idea was taken from the constitution of the former USSR. An eleventh duty, that a parent or guardian must provide education to a child between six and fourteen years, was added by the 86th Amendment of 2002. The duties are not enforceable by courts, but Parliament may make laws to enforce them. B, the 44th Amendment of 1978, undid many Emergency-era changes and made the right to property a legal right. C, the 85th Amendment of 2001, dealt with consequential seniority in promotion for SC and ST employees. D, the 92nd Amendment of 2003, added Bodo, Dogri, Maithili and Santhali to the Eighth Schedule. Exam tip: the 42nd Amendment of 1976 added Part IV-A, Article 51A and ten duties; the 86th Amendment of 2002 made them eleven.

The correct answer is A, Part V. Part V is titled "The Union" and its first chapter, "The Executive", covers the President, the Vice-President, the Council of Ministers and the Attorney-General. Part V runs from Article 52 to Article 151 and also contains Parliament, the legislative powers of the President, the Union Judiciary (Supreme Court) and the Comptroller and Auditor-General. Article 52 is the opening line: "There shall be a President of India." Whatever belongs to the Centre as an institution lives in Part V. B, Part III, is Fundamental Rights, Articles 12 to 35. C, Part IV, is the Directive Principles of State Policy, Articles 36 to 51. D, Part VI, is "The States", Articles 152 to 237, which has the Governor, the state legislature and the High Courts, the state mirror of Part V. Exam tip: Part V is the Union, Part VI is the States; Part III rights, Part IV directives.

The correct answer is A, Articles 74 and 75. These two Articles create the Council of Ministers that actually runs the Union government. Article 74 says there shall be a Council of Ministers headed by the Prime Minister to aid and advise the President, and the President acts on that advice. Article 75 says the Prime Minister is appointed by the President, the other ministers are appointed on the Prime Minister's advice, the Council is collectively responsible to the Lok Sabha, and its size cannot exceed 15 per cent of the Lok Sabha strength, a limit added by the 91st Amendment in 2003. The matching Articles for the states are 163 and 164. B is wrong because Article 71 is about disputes in presidential elections and Article 72 about the President's power of pardon. C is wrong because Articles 79 and 80 deal with the constitution of Parliament and the composition of the Rajya Sabha. D is wrong because Article 76 creates the Attorney-General and Article 77 covers the conduct of government business. Exam tip: Centre 74-75, states 163-164; collective responsibility is to the Lok Sabha.

The correct answer is D, Article 247. It gives Parliament the power to provide by law for additional courts so that laws made by Parliament, or older laws on Union List subjects, are administered better. The Article sits in Part XI, Chapter I, which deals with the division of law-making power between the Union and the States (Articles 245 to 255). The word to catch in the question is "additional courts": only Article 247 talks about courts in this chapter, the neighbouring Articles talk about subjects and lists. A, Article 246, distributes subjects among the Union List, State List and Concurrent List of the Seventh Schedule. B, Article 248, gives the residuary power, that is, power over any matter not in the State or Concurrent List, to Parliament. C, Article 253, lets Parliament make laws for the whole country to implement treaties and international agreements. Exam tip: 246 three lists, 247 additional courts, 248 residuary power, 253 international agreements.

The correct answer is D, Article 141. It says that the law declared by the Supreme Court shall be binding on all courts within the territory of India. This Article is the constitutional base of the doctrine of precedent: a ruling of the Supreme Court becomes the law for every High Court and lower court until the Supreme Court itself changes it. Note the exact words, because they are lifted straight into exam questions: "law declared", "binding on all courts", "within the territory of India". A, Article 143, is the advisory jurisdiction under which the President may seek the opinion of the Supreme Court. B, Article 142, lets the Court pass any order needed to do complete justice in a case. C, Article 144, directs all civil and judicial authorities to act in aid of the Supreme Court. Exam tip: remember the run 141 binding law, 142 complete justice, 143 advice to the President, 144 authorities act in aid.

The correct answer is C, Article 360. Article 360 lets the President proclaim a financial emergency when the financial stability or credit of India, or of any part of it, is threatened. Such a proclamation must be approved by both Houses of Parliament within two months, after which it continues indefinitely until revoked; there is no maximum period. During it the Union can direct states to follow canons of financial propriety, and salaries of government servants, including Supreme Court and High Court judges, can be reduced. No financial emergency has ever been declared in India, though it was discussed during the 1991 crisis. D is wrong because Article 352 is the national emergency on grounds of war, external aggression or armed rebellion, imposed in 1962, 1971 and 1975. A is wrong because Article 356 is President's rule, imposed when a state's constitutional machinery fails. B is wrong because Article 359 only suspends the enforcement of fundamental rights during a national emergency. Exam tip: 352 national, 356 state, 360 financial; only 360 has never been used.

The correct answer is D, Governor. Article 361 gives this personal immunity to only two offices, the President of India and the Governor of a State. While in office, no criminal proceedings can be started or continued against them, and no court can order their arrest or imprisonment. A civil case about their personal acts can be filed only after giving two months' written notice. The logic is that both are formal heads who act on ministers' advice, so the ministers answer for the decisions. A is wrong because the Chief Minister heads the state government and can be sued or prosecuted like any citizen; he has no protection under Article 361. B is wrong because a Secretary is a civil servant whose official orders can be challenged in court. C is wrong because the Prime Minister, the real head of the Union executive, enjoys no such immunity either. Exam tip: Article 361 protects only the President and the Governors; Prime Minister and Chief Ministers are not covered.

The correct answer is C, Governor. Under Article 171, the Governor nominates one-sixth of the members of a State Legislative Council. These members must have special knowledge or practical experience in literature, science, art, the co-operative movement or social service. The rest are elected: one-third by local bodies, one-third by the members of the Legislative Assembly, one-twelfth by graduates and one-twelfth by teachers. The Council's total strength cannot be more than one-third of the Assembly's strength and not less than 40. A is wrong because the State Election Commissioner conducts elections to panchayats and municipalities and makes no nominations to the Council. B is wrong because the President nominates 12 members to the Rajya Sabha, not to a state Council. D is wrong because the Chief Minister heads the state government, but the Constitution gives the power of nomination to the Governor. Exam tip: Council formula, 1/3 local bodies, 1/3 MLAs, 1/12 graduates, 1/12 teachers and 1/6 nominated by the Governor.

The correct answer is A, 243ZD. Article 243ZD was inserted by the 74th Constitutional Amendment Act of 1992, which added Part IX-A on Municipalities. It requires every state to set up a District Planning Committee in each district to consolidate the plans prepared by the panchayats and the municipalities of the district and to prepare a draft development plan for the district as a whole. At least four-fifths of its members must be elected by and from among the elected members of the district panchayat and the municipalities in the district, in proportion to the rural and urban population, and the chairperson forwards the plan to the state government. B, Article 243ZB, applies the provisions of Part IX-A to Union Territories. C, Article 243ZE, provides for a Metropolitan Planning Committee in every metropolitan area with a population of ten lakh or more. D, Article 243ZC, says that Part IX-A does not apply to the Scheduled Areas and tribal areas under Article 244. Exam tip: remember the run 243ZD district planning, 243ZE metropolitan planning, and that both came with the 74th Amendment of 1992.

The correct answer is A, 1951. The Constitution (First Amendment) Act was passed by the provisional Parliament in June 1951, barely seventeen months after the Constitution came into force. Nehru's government brought it mainly to protect land-reform laws from court challenges and to allow reasonable restrictions on free speech. It added the Ninth Schedule along with Articles 31A and 31B, put new grounds such as public order in Article 19(2), and inserted Article 15(4) so the state could make special provisions for socially and educationally backward classes after the Champakam Dorairajan case. D is wrong because in 1950 the Constitution had only just come into force on 26 January and no amendment had been made. C is wrong because 1952 is the year of the first general elections and the first Lok Sabha. B is wrong because 1953 saw the creation of Andhra State, not the first amendment. Exam tip: Constitution enforced 1950, first amended 1951 (Ninth Schedule), first elections 1952.

The correct answer is C, 61st Amendment. The Constitution (Sixty-first Amendment) Act, 1988 changed Article 326, which provides for elections to the Lok Sabha and the State Legislative Assemblies on the basis of adult suffrage, and lowered the voting age from 21 to 18 years. It was passed under Prime Minister Rajiv Gandhi and came into force in March 1989, so the Lok Sabha election of 1989 was the first in which 18-year-olds could vote. The aim was to give young people, a large part of the population, a voice in choosing governments. Option A is wrong because the 66th Amendment (1990) added more land reform laws to the Ninth Schedule. Option B is wrong because the 62nd Amendment (1989) extended the reservation of seats for Scheduled Castes and Scheduled Tribes in legislatures for another ten years. Option D is wrong because the 63rd Amendment (1989) repealed the special emergency provisions for Punjab added by the 59th Amendment. Exam tip: 61st Amendment, 1988, Article 326, voting age 21 to 18.

The correct answer is A, Article 11. Part II of the Constitution, Articles 5 to 11, deals with citizenship. Articles 5 to 10 only settled who was a citizen when the Constitution commenced on 26 January 1950; Article 11 then hands the whole subject to Parliament, giving it full power to make any law on acquisition and termination of citizenship. Using this power Parliament passed the Citizenship Act 1955, which lists five ways of acquiring citizenship: birth, descent, registration, naturalisation and incorporation of territory. India provides single citizenship, and citizenship is a Union List subject (Entry 17). Option B is wrong because Article 5 defines citizenship at the commencement of the Constitution by domicile. Option C is wrong because Article 8 covers persons of Indian origin living outside India. Option D is wrong because Article 6 covers migrants who came from Pakistan. Exam tip: Articles 5 to 10 = who was a citizen in 1950, Article 11 = Parliament's power, Citizenship Act = 1955.

The correct answer is C, 30 May 1987. Goa became a full state on 30 May 1987 through the Constitution (56th Amendment) Act and the Goa, Daman and Diu Reorganisation Act, and the day is celebrated every year as Goa Statehood Day. Goa had been freed from Portuguese rule on 19 December 1961 in Operation Vijay and was then run as the Union Territory of Goa, Daman and Diu. In 1987 Goa was separated and raised to statehood, while Daman and Diu stayed a union territory; Konkani was made the official language and Panaji the capital. Earlier the same year, on 20 February 1987, Mizoram and Arunachal Pradesh had become the 23rd and 24th states, so Goa took the 25th place. B is wrong because in 1986 Goa was still a union territory. D and A are wrong because by 1988 and 1990 Goa had already been a state for one and three years. Exam tip: liberated 1961, state 30 May 1987, 25th state after Mizoram (23rd) and Arunachal Pradesh (24th).

The correct answer is B, Tenth Schedule. The Tenth Schedule, popularly called the anti-defection law, was added by the 52nd Constitutional Amendment Act of 1985. It disqualifies a member of Parliament or a state legislature who voluntarily gives up the membership of his party or who votes, or abstains from voting, against the direction of the party whip without permission; an independent member is disqualified if he joins a party. The presiding officer, the Speaker or the Chairman, decides the question, subject to judicial review after the Kihoto Hollohan case of 1992. The 91st Amendment of 2003 removed the protection for a one-third split, and now only a merger backed by two-thirds of a legislature party is allowed. A, the Ninth Schedule, added by the First Amendment of 1951, protects listed laws, mainly on land reform, from court challenge. C, the Eleventh Schedule, lists the 29 subjects of the panchayats under the 73rd Amendment. D, the Sixth Schedule, deals with the administration of tribal areas in Assam, Meghalaya, Tripura and Mizoram. Exam tip: Tenth Schedule means anti-defection, 52nd Amendment of 1985, tightened by the 91st Amendment of 2003.

The correct answer is B, Article 279A. It empowers the President to constitute the Goods and Services Tax Council, a joint forum of the Centre and the States. The Article was inserted by the Constitution (One Hundred and First Amendment) Act, 2016, the same amendment that brought GST, and the Council was set up in September 2016. The Union Finance Minister is its Chairperson, the Union Minister of State for Finance and the finance or taxation ministers of all States are its members, and decisions need a three-fourths weighted majority in which the Centre holds one-third of the votes and the States together two-thirds. A, Article 246A, gives Parliament and the State legislatures the power to make laws on GST. C, Article 269A, deals with the levy and collection of GST on inter-State trade, that is, IGST. D, Article 323A, provides for administrative tribunals and has nothing to do with tax. Exam tip: 246A power to tax, 269A inter-State GST, 279A GST Council; all three came with the 101st Amendment.

The correct answer is D, Habeas corpus. It orders the person or authority holding someone to produce that person before the court, and if the detention is found unlawful the person is set free. The Latin words mean 'to have the body'. The Supreme Court issues writs under Article 32 and the High Courts under Article 226, and there are five of them: habeas corpus, mandamus, prohibition, certiorari and quo warranto. Habeas corpus is the strongest guard of personal liberty and, unlike most writs, it can be issued against a private person as well as against the State. A is wrong because prohibition is sent by a higher court to a lower court or tribunal to stop it acting beyond its jurisdiction. B is wrong because mandamus, 'we command', orders a public official to perform a legal duty he has failed to do. C is wrong because quo warranto, 'by what authority', asks a person to show his right to hold a public office. Exam tip: illegal detention means habeas corpus; Article 32 for the Supreme Court, Article 226 for the High Courts.