Indian Polity Mixed Quiz: Set 10

The correct answer is Germany. The provision for suspending Fundamental Rights during an Emergency was taken from the Weimar Constitution of Germany. It is the only feature of the Indian Constitution usually traced to that source.

The other options are sources of different features. France gave the idea of a republic and the ideals of liberty, equality and fraternity in the Preamble. Russia, as the former USSR, gave the Fundamental Duties and the ideal of social, economic and political justice. Australia gave the Concurrent List, freedom of trade and commerce, and the joint sitting of the two Houses of Parliament. The emergency provisions as a whole are drawn largely from the Government of India Act, 1935, so a question on "emergency provisions" in general points there, while one on "suspension of Fundamental Rights during an Emergency" points to Germany. Read the wording carefully before choosing.

The correct answer is D, President of India. Article 239AA(5) of the Constitution says the Chief Minister of Delhi shall be appointed by the President. The other ministers are also appointed by the President, on the advice of the Chief Minister, and they hold office during the pleasure of the President. This is the key difference from a state, where the Governor appoints the Chief Minister under Article 164. Article 239AA was added by the 69th Amendment Act, 1991, which gave Delhi a Legislative Assembly and named it the National Capital Territory. The Council of Ministers in Delhi cannot be larger than 10% of the Assembly's total strength. Option A is wrong because Delhi, being a Union Territory, has no Governor. Option B is wrong because the Lieutenant Governor is the administrator and administers the oath, but does not make the appointment. Option C is wrong because the Prime Minister has no constitutional role in appointing a Chief Minister. Exam tip: a state's Chief Minister is appointed by the Governor (Article 164); Delhi's by the President (Article 239AA).

The correct answer is once. The Preamble has been amended only one time, by the 42nd Constitutional Amendment Act, 1976. That amendment added three words: "Socialist" and "Secular" to the description of India, and "Integrity" to the phrase "unity and integrity of the Nation".

"Never" is wrong because the 1976 change is on record; it is also why the Preamble as quoted today differs from the text adopted on 26 November 1949, which described India only as a "sovereign democratic republic". "Twice" and "three times" confuse the number of amendments with the number of words added, which is three. Keep the two numbers apart: one amendment, three words. The fact that the Preamble can be amended at all was settled by the Supreme Court in the Kesavananda Bharati case (1973), which held that it is a part of the Constitution and can be amended so long as its basic features are not destroyed.

The correct answer is D, French Revolution. The ideals of liberty, equality and fraternity in the Preamble of the Indian Constitution come from the French Revolution of 1789, whose famous slogan was made of these three words. The makers of the Constitution borrowed from many countries and then shaped the ideas to suit India. From France came these three ideals and the idea of a republic. From the former USSR came the ideals of social, economic and political justice and, later, the Fundamental Duties. Britain gave the parliamentary system and Ireland the Directive Principles. A is wrong because the Russian Revolution of 1917 is linked with the ideal of justice, not with this trio. B is wrong because the Magna Carta of 1215 was an English charter that limited the king's power, and it is linked with the idea of rights in general. C is wrong because the American model gave India its Fundamental Rights, judicial review and an independent judiciary. Exam tip: liberty, equality, fraternity, France; justice, USSR; Directive Principles, Ireland; parliamentary system, Britain.

The correct answer is Habeas Corpus, a Latin phrase meaning "to have the body of". Through this writ a court orders whoever is holding a person to produce that person before it and show the legal grounds for the detention. If the detention is found unlawful, the person is set free at once. It can be issued against public authorities and private individuals alike, and a petition can be filed by the detained person or by someone on their behalf. It is not issued where the detention is lawful, where it is for contempt of a legislature or a court, or where a competent court has ordered it.

The other three writs do different jobs. Certiorari transfers a case from a lower court or tribunal, or quashes an order it has already passed. Prohibition stops a lower court or tribunal from exceeding its jurisdiction while a case is pending. Mandamus, meaning "we command", orders a public official to perform a duty. Habeas Corpus is often called the strongest safeguard of personal liberty, because it puts the protections of Articles 21 and 22 into immediate effect.

The correct answer is C, the Governor of the State. Under Article 316, the Chairman and the other members of a State Public Service Commission are appointed by the Governor. The provisions on public service commissions sit in Part XIV of the Constitution, Articles 315 to 323. A member of a State commission holds office for six years or until the age of 62, whichever comes first. The twist a paper setter loves is removal: although the Governor appoints them, only the President can remove them, under Article 317, and the Governor can only suspend a member while the matter is referred to the Supreme Court. Option A is wrong because the UPSC Chairman has no role in choosing the head of a State commission. Option B is wrong because the President appoints the UPSC Chairman, not the head of the BPSC or any other State commission. Option D is wrong because the Chief Minister only advises; the formal appointment is made by the Governor. Exam tip: appointed by the Governor, removed by the President, term six years or age 62.

The correct answer is 44th. The 44th Amendment Act, 1978 added clause (2) to Article 38, which asks the State in particular to strive to minimise inequalities in income, and to endeavour to eliminate inequalities in status, facilities and opportunities, not only among individuals but also among groups of people living in different areas or engaged in different vocations. Clause (1) of Article 38, on securing a social order based on social, economic and political justice, was there from the beginning.

The 42nd Amendment is the tempting wrong answer, because it added several Directive Principles (Articles 39A, 43A and 48A), but not this one. The 52nd Amendment (1985) brought in the anti-defection law through the Tenth Schedule, and the 47th Amendment (1984) added more land reform laws to the Ninth Schedule. Remember the 44th Amendment as the one that undid much of the 42nd: it also removed the right to property and protected Articles 20 and 21 during an emergency.

The correct answer is C, 371 C – Meghalaya. Article 371C makes special provision for Manipur, not Meghalaya: the President may provide for a committee of the Legislative Assembly made up of members elected from the Hill Areas, and the Governor reports to the President on the administration of those areas. Articles 371 to 371J give such special provisions to twelve states, each added to meet a regional need. Meghalaya has no Article of its own in this series; its tribal areas are run under the Sixth Schedule. Option A is correctly matched because Article 371A protects the religious and social practices, customary law and land ownership of the Nagas of Nagaland. Option B is correctly matched because Article 371B allows a committee of members from the tribal areas in the Assam Assembly. Option D is correctly matched because Article 371D provides for equal opportunities in public jobs and education in Andhra Pradesh, and now covers Telangana as well. Exam tip: 371A Nagaland, 371B Assam, 371C Manipur, 371D Andhra Pradesh.

The correct answer is D, More than one of the above. The Rajya Sabha has both members nominated by the President and members elected indirectly, so statements A and C are both true. Under Article 80, the House can have at most 250 members. Twelve are nominated by the President from people with special knowledge of literature, science, art and social service. The rest, up to 238, represent the States and Union Territories and are chosen by the elected members of the State Legislative Assemblies, using proportional representation by the single transferable vote. No member of the Rajya Sabha is elected directly by the people, and the House is never dissolved; one-third of its members retire every second year. Option A is incomplete because nominated members are only twelve of the House. Option B is wrong because there is no direct election to the Rajya Sabha at all. Option C is incomplete because it leaves out the twelve nominated members. Exam tip: Rajya Sabha means 250 at most, 12 nominated, the rest elected by MLAs, none by the people directly.

The correct answer is B, Article 239. Article 239 says every Union Territory is administered by the President, acting through an administrator appointed by him with such designation as he thinks fit. That is why some Union Territories, such as Delhi, Ladakh and the Andaman and Nicobar Islands, have a Lieutenant Governor, while others have an Administrator. Article 239 opens Part VIII of the Constitution, which deals with Union Territories. Articles 239A and 239AA, added later, give legislatures to Puducherry and Delhi. Option A is wrong because Article 235 gives the High Court control over subordinate courts. Option C is wrong because Article 233 deals with the appointment of district judges by the Governor in consultation with the High Court. Option D is wrong because Article 234 deals with recruiting persons other than district judges to the judicial service of a state. Exam tip: Part VIII covers Union Territories in Articles 239 to 241, and Article 239AA is the special article for Delhi.

The correct answer is M.N. Roy. Manabendra Nath Roy, a pioneer of the communist movement in India, was the first to put forward the idea of a Constituent Assembly, in 1934. The Indian National Congress took up the idea and made it an official demand in 1935, and the British government accepted the demand in principle in the August Offer of 1940. The Assembly itself was finally formed in 1946 under the Cabinet Mission Plan.

Jawaharlal Nehru is the most tempting wrong answer, because he became closely identified with the demand and later moved the Objectives Resolution in the Assembly on 13 December 1946; but the idea was first put forward by Roy. Mahatma Gandhi and Subhas Chandra Bose are not credited with first proposing it. When a question uses the words "first" or "originally", it is usually testing exactly this: the difference between who proposed an idea and who carried it forward.

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 D, The People of India. The Preamble opens with the words WE, THE PEOPLE OF INDIA, which declare that the Constitution draws its authority from the people, not from any king, court or legislature. It goes on to promise Justice, Liberty, Equality and Fraternity, and ends by recording that the Constituent Assembly adopted, enacted and gave the Constitution to ourselves on 26 November 1949. The Preamble is based on Nehru's Objectives Resolution of 1946; the words Socialist, Secular and Integrity were added by the 42nd Amendment in 1976; and in the Kesavananda Bharati case (1973) the Supreme Court held that the Preamble is a part of the Constitution. A is wrong because the Supreme Court is created by the Constitution and cannot be its author. B is wrong because Parliament too gets its powers from the Constitution. C is wrong because the Central Government is only an organ that works under the Constitution. Exam tip: Preamble begins We the People, adopted 26 November 1949, amended once in 1976.

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 to inquire into the legality of a person's claim to a public office. Quo Warranto means "by what authority or warrant". Through it, a court asks a person holding a public office to show by what right they hold it, and if the claim is not valid, the court can remove them. It prevents the illegal usurpation of public offices.

Two features make it different from the other writs. First, it can be sought by any interested person, not necessarily the person aggrieved. Second, it applies only to a substantive public office created by a statute or by the Constitution; it cannot be issued for a ministerial office or a private office. The other options describe the other writs: releasing an unlawfully detained person is Habeas Corpus, commanding an official to perform a duty is Mandamus, and quashing an order already passed by a lower court is Certiorari. The five writs appear in Article 32 for the Supreme Court and in Article 226 for the High Courts.

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 Article 48A. Added by the 42nd Amendment in 1976, it says the State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country. The same amendment added a matching Fundamental Duty in Article 51A(g), asking every citizen to protect and improve the natural environment, including forests, lakes, rivers and wildlife. Laws such as the Wildlife (Protection) Act, 1972 and the Forest (Conservation) Act, 1980 give effect to this goal.

The other options are the Articles right next to it. Article 48 asks the State to organise agriculture and animal husbandry on modern lines and to prohibit the slaughter of cows, calves and other milch and draught cattle. Article 47 is about nutrition, public health and the prohibition of intoxicating drinks. Article 49 is about protecting monuments of national importance. Remember the pair: the State's duty to the environment is Article 48A, and the citizen's duty is Article 51A(g).

The correct answer is B, Article 110. Article 110 says a Bill is a Money Bill if it deals only with matters such as imposing or changing a tax, government borrowing, the custody of the Consolidated Fund or Contingency Fund of India and payments into or out of them, and spending charged on the Consolidated Fund. Under Article 110(3), if a question arises whether a Bill is a Money Bill, the decision of the Speaker of the Lok Sabha is final, and the Speaker certifies it before it goes to the Rajya Sabha. A Money Bill can be introduced only in the Lok Sabha, and only on the President’s recommendation. Option A is wrong because Article 109 lays down the special procedure for Money Bills: the Rajya Sabha must return the Bill within 14 days and can only make recommendations. Option C is wrong because Article 111 deals with the President’s assent to Bills. Option D is wrong because Article 112 deals with the Annual Financial Statement, the budget. Exam tip: 109 procedure, 110 definition, 111 assent, 112 budget; the Speaker certifies a Money Bill.

The correct answer is 389. The Cabinet Mission Plan of 1946 fixed the total strength of the Constituent Assembly at 389 seats: 296 for British India and 93 for the princely states. Of the 296 British Indian seats, 292 were for the eleven governors' provinces and 4 for the chief commissioners' provinces.

Every other option is a real number from the same chapter, placed to catch a hurried reader. 299 is the strength of the Assembly after Partition, when the members from the areas that went to Pakistan left. 296 is only the share of British India, without the princely states. 395 is not a count of members at all: it is the number of Articles in the Constitution as originally adopted. Questions on this topic often place these numbers side by side, so link each one to what it counts: 389 members at the start, 299 after Partition, 296 seats for British India and 395 original Articles.

The correct answer is the six freedoms of Article 19. Article 19 opens with the words "All citizens shall have the right", so its freedoms of speech and expression, assembly, association, movement, residence and profession belong only to citizens of India. The other rights available only to citizens are Article 15 (no discrimination on grounds of religion, race, caste, sex or place of birth), Article 16 (equality of opportunity in public employment), Article 29 (protection of language, script and culture) and Article 30 (minority educational institutions).

The other three options are available to every person, including foreigners, except enemy aliens. Article 14 speaks of equality before law for "any person", Article 21 protects the life and personal liberty of "any person", and Article 25 gives freedom of religion to "all persons". A quick check in the exam is to look at the wording: Articles that say "citizen" are for citizens only, while those that say "person" cover foreigners too. The full list of citizens-only rights is 15, 16, 19, 29 and 30.