Indian Polity Mixed Quiz: Set 12

The correct answer is B, Legal right available to any person. Since 1978 property is a constitutional right under Article 300A, and it protects every person, not only citizens. The 44th Amendment Act, 1978 deleted Article 19(1)(f) and Article 31 from Part III and added Article 300A, which says no person shall be deprived of his property save by authority of law. So the State can take property only through a valid law, and a company or a foreigner can also claim this protection. Because it is outside Part III, a person cannot go straight to the Supreme Court under Article 32 for it; the remedy is the High Court under Article 226 or an ordinary suit. Option A is wrong because the word 'person' in Article 300A covers non-citizens too. Option C is wrong because property stopped being a Fundamental Right in 1978. Option D is wrong because it is still a constitutional and legal right. Exam tip: 44th Amendment, property moved from Part III to Article 300A in Part XII.

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 D, Part IV. The Directive Principles of State Policy are placed in Part IV of the Constitution, from Article 36 to Article 51. They are instructions to the government to build a welfare state, such as equal pay for equal work, free legal aid, village panchayats, a uniform civil code and protection of the environment. The idea was borrowed from the Constitution of Ireland, which in turn took it from Spain. Unlike Fundamental Rights they cannot be enforced in a court, but Article 37 makes them fundamental in the governance of the country. A is wrong because Part II, Articles 5 to 11, deals with citizenship. B is wrong because Part III, Articles 12 to 35, contains the Fundamental Rights. C is wrong because Part I, Articles 1 to 4, deals with the Union and its territory. Exam tip: Part III = Fundamental Rights (12 to 35), Part IV = Directive Principles (36 to 51), Part IVA = Fundamental Duties (51A).

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 D, 2002. Article 21-A was inserted by the Constitution (86th Amendment) Act, 2002, making free and compulsory education for children aged six to fourteen a Fundamental Right. The same amendment added a new Fundamental Duty in Article 51-A(k), asking parents and guardians to provide education to their children, and reworded Article 45 to cover early childhood care for children below six years. The law that puts Article 21-A into practice is the Right of Children to Free and Compulsory Education (RTE) Act, 2009, which came into force on 1 April 2010. A is wrong because 2003 saw no amendment on education. B is wrong because 2004 is not linked to Article 21-A. C is wrong because 2001 is before the amendment was passed. Exam tip: 86th Amendment 2002 = Article 21-A; RTE Act 2009, enforced from 1 April 2010; age group 6 to 14 years.

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 A, Article 37. It says the Directive Principles shall not be enforceable by any court, yet they are fundamental in the governance of the country and the State must apply them in making laws. The Directive Principles of State Policy sit in Part IV of the Constitution, Articles 36 to 51, and the idea was borrowed from the Constitution of Ireland. Non-justiciable means a citizen cannot go to court to force the government to follow them, which is the key difference from Fundamental Rights in Part III, enforceable through Article 32. B is wrong because Article 40 asks the State to organise village panchayats as units of self-government. C is wrong because Article 38 asks the State to secure a social order based on social, economic and political justice to promote people's welfare. D is wrong because Article 39 lists principles such as equal pay for equal work for men and women and fair distribution of material resources. Exam tip: Article 36 defines the State for Part IV, and Article 37 says the principles are not enforceable but fundamental.

The correct answer is D, Article 72. This Article gives the President the power to grant pardons, reprieves, respites or remissions of punishment, and to suspend, remit or commute a sentence. It applies in three cases: punishment by a court martial, an offence against a law made by the Union, and every sentence of death. The President alone can pardon a death sentence; the Governor, whose similar power is in Article 161, cannot. The five words to remember are pardon (wipes out the conviction), commutation (lighter kind of punishment), remission (shorter period), respite (lesser sentence for a special reason such as pregnancy) and reprieve (temporary stay). A is wrong because Article 55 describes the manner of electing the President. B is wrong because Article 81 gives the composition of the Lok Sabha. C is wrong because Article 63 says there shall be a Vice-President of India. Exam tip: pardon power is 72 for the President and 161 for the Governor; only the President can pardon a death sentence or a court-martial sentence.

The correct answer is C, 86th Constitutional Amendment Act, 2002. The 86th Amendment inserted Article 21A, which makes free and compulsory education for all children aged 6 to 14 years a Fundamental Right, in the manner the State decides by law. The same amendment rewrote Article 45 so that the State should provide early childhood care and education until age six, and added Fundamental Duty 51A(k), making parents and guardians responsible for giving their children education. The law that gives effect to Article 21A, the Right of Children to Free and Compulsory Education Act, 2009, came into force on 1 April 2010. Option A is wrong because the 103rd Amendment (2019) created 10 per cent reservation for economically weaker sections. Option B is wrong because the 93rd Amendment (2005) added Article 15(5), allowing reservation in educational institutions, including private ones. Option D is wrong because the 71st Amendment (1992) added Konkani, Manipuri and Nepali to the Eighth Schedule. Exam tip: the 86th Amendment made three changes: Article 21A, a new Article 45 and duty 51A(k).

The correct answer is A, Limiting the size of the Council of Ministers. The 91st Amendment Act, 2003 capped the total number of ministers, including the Prime Minister or the Chief Minister, at 15 per cent of the total strength of the Lok Sabha or the state Legislative Assembly. It added clause (1A) to Article 75 for the Union and to Article 164 for the states, and fixed a minimum of 12 ministers in a state. It also barred a member disqualified for defection from holding any ministerial post, and removed the Tenth Schedule exemption for a split by one-third of a party’s members. Option B is wrong because the freeze on seats until the first census after 2026 came through the 84th Amendment of 2001. Option C is wrong because the National Commission for SCs and STs was split into two by the 89th Amendment of 2003. Option D is wrong because option A describes the amendment correctly. Exam tip: 15 per cent ceiling on ministers and a minimum of 12 in a state, both from the 91st Amendment of 2003.

The correct answer is A, Directive Principles of State Policy. Part IV, Articles 36 to 51, lists the Directive Principles that guide the State in making laws for a welfare state. The idea was borrowed from the Constitution of Ireland, which in turn took it from Spain. These principles cannot be enforced by any court, but Article 37 says they are fundamental to the governance of the country. Examples are equal pay for equal work, a uniform civil code (Article 44), free legal aid (Article 39-A), village panchayats (Article 40) and protection of the environment and wildlife (Article 48-A). B is wrong because the Constitution has no part named Human Rights; the enforceable rights are the Fundamental Rights in Part III. C is wrong because the Union Judiciary, meaning the Supreme Court, comes under Chapter IV of Part V. D is wrong because Parliament is covered by Chapter II of Part V. Exam tip: Part III = Fundamental Rights (enforceable), Part IV = Directive Principles (not enforceable), Part IV-A = Fundamental Duties.

The correct answer is C, 7th Constitutional Amendment Act. The 7th Amendment of 1956 allowed Parliament to set up a common High Court for two or more states, or for states and a union territory, a power now found in Article 231. It was the amendment that gave effect to the reorganisation of states on a linguistic basis: it abolished the old Part A, B, C and D classes of states and replaced them with states and union territories. Common High Courts still work today; for example, the Gauhati High Court serves Assam, Nagaland, Mizoram and Arunachal Pradesh, and the Punjab and Haryana High Court sits at Chandigarh. A is wrong because the 6th Amendment of 1956 dealt with taxes on the inter-state sale of goods. B is wrong because the 8th Amendment of 1960 extended the reservation of seats for SCs, STs and Anglo-Indians. D is wrong because the 9th Amendment of 1960 gave effect to the transfer of Berubari to Pakistan under the Nehru–Noon agreement. Exam tip: 7th Amendment 1956 = states reorganised + common High Court (Article 231).

The correct answer is B, Article 21. Article 21 protects life and personal liberty, and the Supreme Court reads 'life' as a life with dignity, not mere survival. Over the years the Court has placed many rights inside it: the right to food, the right to a clean environment with pollution-free water and air, the right to shelter and livelihood, and the right to privacy. In the Puttaswamy case of 2017 a nine-judge bench declared privacy a fundamental right under Article 21. Article 21A, added in 2002, gives children aged 6 to 14 the right to free and compulsory education. A is wrong because Article 19 gives freedoms such as speech, assembly and movement. C is wrong because Article 14 guarantees equality before the law and equal protection of the laws. D is wrong because Article 20 protects a person against certain punishments, such as being punished twice for the same offence. Exam tip: Article 21, life and liberty; 21A, education; 14, equality; 19, freedoms.

The correct answer is A, Right to personal liberty. Even during a national emergency, the enforcement of Articles 20 and 21 cannot be suspended. Article 21 protects life and personal liberty, and Article 20 protects a person from retrospective criminal laws, from being punished twice for the same offence and from being forced to be a witness against himself. This safeguard was added by the 44th Amendment, 1978, after the 1975-77 Emergency, when people held in detention could not challenge it in court. Under Article 359, the President may suspend the enforcement of the other Fundamental Rights while an emergency lasts. Option B is wrong because freedom of speech under Article 19 is suspended automatically under Article 358 when an emergency is declared on the ground of war or external aggression. Option C is wrong because the right to equality under Articles 14 to 18 can be suspended by a presidential order under Article 359. Option D is wrong because freedom of religion under Articles 25 to 28 can also be suspended under Article 359. Exam tip: in an emergency, Articles 20 and 21 always stay enforceable.

The correct answer is D, Article 40. Article 40 directs the State to organise village panchayats and give them the powers they need to work as units of self-government. It is a Directive Principle of State Policy in Part IV, based on Gandhiji's idea of gram swaraj, so it guides the government but cannot be enforced in a court. The 73rd Amendment Act of 1992 gave panchayats constitutional status by adding Part IX and the Eleventh Schedule; it came into force on 24 April 1993, now observed as National Panchayati Raj Day. Jawaharlal Nehru started the first Panchayati Raj at Nagaur, Rajasthan, on 2 October 1959. A is wrong because Article 50 asks the State to separate the judiciary from the executive. B is wrong because Article 60 contains the oath of the President. C is wrong because Article 30 gives minorities the right to set up and run educational institutions. Exam tip: Gandhian Directive Principles: Art 40 (village panchayats), Art 43 (cottage industries), Art 46 (weaker sections), Art 47 (prohibition of intoxicants), Art 48 (cow protection).

The correct answer is D, Article 154. Article 154 says the executive power of a State is vested in the Governor, who exercises it directly or through officers under him, exactly as Article 53 does for the President at the Centre. Part VI of the Constitution deals with the States: Article 153 provides a Governor for each State, Article 155 says the President appoints the Governor, Article 156 fixes the term at five years, and Article 163 gives the Governor a Council of Ministers to aid and advise him. In practice the Chief Minister and the ministers run the government, and the Governor acts on their advice. A is wrong because Article 124 establishes the Supreme Court. B is wrong because Article 134 deals with criminal appeals to the Supreme Court. C is wrong because Article 144 requires all authorities to act in aid of the Supreme Court. Exam tip: Article 53 = President's executive power, Article 154 = Governor's executive power; the two Articles mirror each other.

The correct answer is A, Article 20. Article 20 gives protection in respect of conviction for offences, and it contains exactly these three safeguards. Clause (1) bars ex post facto criminal laws: no one can be punished for an act that was not an offence when it was done, or given a heavier penalty than the law allowed at that time. Clause (2) bars double jeopardy: no one can be prosecuted and punished for the same offence more than once. Clause (3) bars self-incrimination: a person accused of an offence cannot be forced to be a witness against himself. Since the 44th Amendment of 1978, Articles 20 and 21 cannot be suspended even during a national emergency. B is wrong because Article 21 protects life and personal liberty. C is wrong because Article 19 gives the six freedoms, such as speech and movement. D is wrong because Article 23 bans human trafficking and forced labour (begar). Exam tip: Article 20 = three shields: ex post facto, double jeopardy, self-incrimination; Articles 20 and 21 survive an emergency.

The correct answer is D, Cooperative Societies. The 97th Constitutional Amendment Act, 2011 added Article 43B, a new Directive Principle asking the State to promote the voluntary formation, autonomous functioning, democratic control and professional management of cooperative societies. The same amendment made forming cooperative societies a Fundamental Right by adding these words to Article 19(1)(c), next to associations and unions. It came into force in February 2012. Option A is wrong because maternity relief was already part of the original Directive Principles in Article 42, which speaks of just and humane conditions of work. Option B is wrong because child labour is dealt with by Article 24, a Fundamental Right, and by Article 39; it was not the subject of the 97th Amendment. Option C is wrong because protection of the environment, Article 48A, was added much earlier by the 42nd Amendment of 1976. Exam tip: the 97th Amendment of 2011 put cooperatives in Article 19(1)(c) and Article 43B.

The correct answer is D, 14 years. Article 24 says that no child below the age of 14 years shall be employed to work in any factory or mine or in any other hazardous employment. It is part of the Right against Exploitation (Articles 23 and 24) among the Fundamental Rights in Part III. Article 23 bans trafficking in human beings and forced labour (begar). Article 24 goes with Article 21A, added by the 86th Amendment in 2002, which gives free and compulsory education to children aged 6 to 14. The Child Labour (Prohibition and Regulation) Amendment Act, 2016 bans employing children below 14 in any work and adolescents aged 14 to 18 in hazardous work. A is wrong because 18 is the voting age and the age of adulthood, not the limit in Article 24. B is wrong because the Constitution does not use 16 as the limit. C is wrong because 12 is lower than the age fixed by Article 24. Exam tip: Article 23 = no trafficking or forced labour; Article 24 = no child below 14 in factories, mines or hazardous work; Article 21A = education for ages 6 to 14.

The correct answer is D, Articles 15, 16, 19 and 30. Only five Fundamental Rights are reserved for Indian citizens. Article 15 bars discrimination on grounds of religion, race, caste, sex or place of birth; Article 16 gives equality of opportunity in public employment; Article 19 gives the six freedoms of speech, assembly, association, movement, residence and profession; Article 29 protects the language, script and culture of minorities; and Article 30 gives minorities the right to set up and run educational institutions. All the other rights, such as equality before law, the right to life and freedom of religion, are available to every person, foreigners included. Option A is wrong because Articles 14, 20 and 23 protect every person, not just citizens. Option B is wrong because Articles 21, 25 and 28 also apply to all persons. Option C is wrong because Articles 20, 21 and 25 are rights of every person, citizen or not. Exam tip: citizens-only rights are 15, 16, 19, 29 and 30.