Indian Polity Mixed Quiz: Set 14

The correct answer is C, Advisory jurisdiction of the Supreme Court. Article 143 lets the President ask the Supreme Court for its opinion on a question of law or fact, and this power was modelled on the Canadian Constitution. From Canada the makers also took a federation with a strong Centre, the vesting of residuary powers in the Union, the appointment of State Governors by the Centre and the very name Union of India. Option A is wrong because the independence of the judiciary, along with judicial review and the rule of law, comes from the British and American models. Option B is wrong because the idea of a Republic, with an elected head of State, was taken from France. Option D is wrong because the Concurrent List, the freedom of trade and commerce and the joint sitting of the two Houses come from Australia. Exam tip: Canada - strong Centre, residuary powers, advisory jurisdiction; Australia - Concurrent List and joint sitting.

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 B, Kanhaiyalal Maniklal Munshi. K.M. Munshi called the Preamble the 'political horoscope of the Indian Constitution' because it foretells the kind of state India set out to build. Munshi sat in the Constituent Assembly and on its seven-member Drafting Committee, and he was one of the finest phrase-makers in that House. The Preamble itself declares India a Sovereign Socialist Secular Democratic Republic and promises justice, liberty, equality and fraternity to every citizen. In the Kesavananda Bharati case (1973) the Supreme Court held that the Preamble is a part of the Constitution and can guide how its provisions are read. Option A is wrong because Thakurdas Bhargava praised the Preamble in different words, calling it the soul and the jewel of the Constitution. Option C is wrong because N.A. Palkhivala described the Preamble as the 'identity card of the Constitution'. Option D is wrong because Dr B.R. Ambedkar chaired the Drafting Committee, but this particular phrase is not his. Exam tip: Munshi - political horoscope; Palkhivala - identity card; Thakurdas Bhargava - soul of the Constitution.

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 B, Article 21. Article 21 says no person shall be deprived of his life or personal liberty except according to procedure established by law. It is available to citizens and foreigners alike and cannot be suspended even during a national emergency, which the 44th Amendment made clear. The Supreme Court has read many rights into it, among them the right to live with dignity, to privacy in the Puttaswamy case of 2017, to a clean environment, to livelihood, to health and to a speedy trial. Article 21A, added by the 86th Amendment in 2002, makes free and compulsory education for children aged six to fourteen a fundamental right. Option A is wrong because Article 19 gives the six freedoms, including speech and expression. Option C is wrong because Article 20 protects against conviction for an act that was not an offence when done, double jeopardy and self-incrimination. Option D is wrong because Article 22 protects against arbitrary arrest and detention. Exam tip: Article 19 freedoms, 20 protection in conviction, 21 life and liberty, 22 arrest.

The correct answer is A, A-I, B-III, C-IV, D-II. The Comptroller and Auditor General (CAG) is covered by a neat run of four articles in Part V of the Constitution. Article 148 creates the office: the President appoints the CAG by warrant under his hand and seal, and the CAG can be removed only in the manner of a Supreme Court judge. Article 149 deals with the duties and powers, which Parliament has spelt out in the CAG (Duties, Powers and Conditions of Service) Act, 1971. Article 150 says the accounts of the Union and the states are kept in the form the President prescribes on the CAG's advice. Article 151 sends the CAG's audit reports on Union accounts to the President, who lays them before Parliament, while reports on a state go to the Governor. Option B is wrong because it puts appointment under Article 151. Option C is wrong because it places appointment under Article 149 and duties under Article 148. Option D is wrong because it swaps appointment and audit reports. Exam tip: 148 appointment, 149 powers, 150 form of accounts, 151 reports.

The correct answer is To safeguard public property and to abjure violence. That is the duty in Article 51A(i). It asks citizens not to damage buses, trains, roads, government buildings and other public property, and to reject violence, for example during protests. Parliament has also made damage to public property a criminal offence through the Prevention of Damage to Public Property Act, 1984.

The other options are duties from different clauses. To value and preserve the rich heritage of our composite culture is clause (f). To defend the country and render national service when called upon is clause (d). To uphold and protect the sovereignty, unity and integrity of India is clause (c). Clause-matching questions are common, so it helps to link each letter with a keyword: (a) Constitution, Flag and Anthem; (c) sovereignty; (d) defence; (e) harmony and women's dignity; (f) composite culture; (g) environment; (h) scientific temper; (i) public property; (j) excellence; (k) education.

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 Article 52, which says simply: "There shall be a President of India." It opens Chapter I of Part V, the chapter on the Union executive, and every other rule about the office builds on it.

The other options are the Articles around it, which is why they are chosen to confuse. Article 53 vests the executive power of the Union in the President and makes the President the Supreme Commander of the defence forces; it describes what the office does, not that it exists. Article 74 provides the Council of Ministers headed by the Prime Minister to aid and advise the President. Article 75 deals with the appointment of the Prime Minister and other ministers. A quick way to hold the sequence: 52 creates the office, 53 gives it the executive power, 54 and 55 say how the President is elected, and 74 and 75 bring in the Prime Minister and the Council of Ministers.

The correct answer is C, Article 343. Article 343(1) declares that the official language of the Union shall be Hindi in the Devanagari script, with the international form of Indian numerals for official purposes. Part XVII of the Constitution, Articles 343 to 351, deals with official language. Article 343 allowed English to continue for fifteen years from 1950, and the Official Languages Act of 1963 kept English alongside Hindi after that period. Article 344 provides for a Commission and a Committee of Parliament on official language, and the Eighth Schedule lists the languages recognised by the Constitution. A is wrong because Article 351 is only a directive to promote and develop Hindi. B is wrong because Article 336 gives a special provision for the Anglo-Indian community in certain services. D is wrong because Article 347 lets the President recognise a language spoken by a section of a State's population. Exam tip: Article 343 = Hindi in Devanagari as the official language; Article 351 = directive to develop Hindi; Articles 343 to 351 make up Part XVII.

The correct answer is C, 80. Uttar Pradesh sends 80 members to the Lok Sabha, more than any other state, because seats are allotted in proportion to population and UP is the most populous state. The present strength of the Lok Sabha is 543 elected members, and the allotment rests on the 1971 census; the freeze on readjusting seats was extended by the 84th Amendment and again by the 87th Amendment, so the numbers have not changed since. Uttar Pradesh also has the largest share in the Rajya Sabha, with 31 seats. Option A is wrong because 48 is the number of Lok Sabha seats for Maharashtra, the second largest. Option B is wrong because 39 is the number for Tamil Nadu; West Bengal has 42 and Bihar 40. Option D is wrong because no state has 62 seats. Exam tip: Lok Sabha seats in order - Uttar Pradesh 80, Maharashtra 48, West Bengal 42, Bihar 40, Tamil Nadu 39.

The correct answer is A, a-iii, b-ii, c-iv, d-i. Article 263 allows the President to set up an Inter-State Council to discuss disputes and common subjects among states; the council was first formed in 1990 on the Sarkaria Commission's advice. Article 226 gives every High Court the power to issue writs such as habeas corpus and mandamus, not only for Fundamental Rights but also 'for any other purpose', which makes it wider than the Supreme Court's power under Article 32. Article 239 says each Union Territory is run by the President through an administrator appointed by him. Article 280 requires a Finance Commission every five years to recommend how tax revenue is shared between the Centre and the states. Option B is wrong because it links Article 263 with the Finance Commission and Article 280 with Union Territories. Option C is wrong because it links Article 263 with the High Court and Article 226 with the Finance Commission. Option D is wrong because it links Article 263 with Union Territories and Article 239 with the Inter-State Council. Exam tip: 263 Inter-State Council, 226 High Court writs, 239 UTs, 280 Finance Commission.

The correct answer is C, President of India in consultation with senior judges of Supreme Court and High Court. Article 124(2) says the President appoints every judge of the Supreme Court after consulting such judges of the Supreme Court and of the High Courts as he thinks necessary, and that for a judge other than the Chief Justice the Chief Justice of India must always be consulted. In practice the collegium system now decides the name: the outgoing Chief Justice recommends the senior-most judge of the Supreme Court, and the Law Ministry places the recommendation before the President, who signs the warrant of appointment. Option A is wrong because judges only recommend; they do not appoint. Option B is wrong because the Prime Minister has no such power of his own. Option D is wrong because it leaves out the High Court judges whom Article 124(2) names. Exam tip: Article 124 covers the appointment of Supreme Court judges - the collegium recommends, the President appoints.

The correct answer is D, Original Jurisdiction. Under Article 131, only the Supreme Court can hear disputes between the Centre and one or more states, between the Centre and some states on one side and other states on the other, and between two or more states. Such a case starts directly in the Supreme Court instead of coming up from a lower court, which is why it is called original jurisdiction; it is also exclusive, because no High Court can hear it. The dispute must involve a question of law or fact on which a legal right depends, and a private citizen cannot file a suit under this Article. Option A is wrong because appellate jurisdiction covers appeals against judgments of the High Courts and lower courts. Option B is wrong because advisory jurisdiction under Article 143 lets the President seek the Court’s opinion. Option C is wrong because the Constitution names no separate constitutional jurisdiction for such disputes; appeals on constitutional questions fall under appellate jurisdiction in Article 132. Exam tip: Article 131 original, Article 32 writs, Article 143 advisory.

The correct answer is B, Chief minister. Article 164 of the Constitution says the Governor appoints the Chief Minister, and the other ministers are appointed by the Governor on the advice of the Chief Minister. The ministers hold office during the pleasure of the Governor, but the council of ministers is collectively responsible to the Legislative Assembly of the state, so in practice it stays only as long as it has the confidence of the House. A minister who is not a member of either House must become one within six months. The strength of the council cannot exceed fifteen per cent of the total members of the Assembly, with a minimum of twelve, a limit set by the 91st Amendment of 2003. Option A is wrong because the President appoints Union ministers on the advice of the Prime Minister. Option C is wrong because the Chief Justice of a High Court has no role here. Option D is wrong because the Governor makes the appointment, but the advice comes from the Chief Minister. Exam tip: Governor appoints, Chief Minister advises, and the Assembly holds the council responsible.

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 B, Karnataka. Karnataka has a two house legislature, the Legislative Assembly or Vidhan Sabha and the Legislative Council or Vidhan Parishad, so it is bicameral. Article 168 allows a state to have a Council, and Article 169 lets Parliament create or abolish one if the Assembly of that state passes a resolution by a special majority. The states with a Legislative Council today are Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana and Uttar Pradesh; all the rest have only an Assembly. A Council can have at most one third of the strength of the Assembly and not fewer than forty members; it is a permanent house in which one third of the members retire every two years. Options A, C and D are wrong because Punjab, Tamil Nadu and Haryana are unicameral and have only a Legislative Assembly; Punjab and West Bengal abolished their Councils in 1969. Exam tip: remember the six Council states, and that Article 169 lets Parliament create or abolish one.

The correct answer is D, UK. India took the idea of a single citizenship for the whole country from the British constitution. Part II of the Constitution, Articles 5 to 11, deals with citizenship. Every person here is a citizen of India alone; there is no separate citizenship of a state, just as the United Kingdom has one common citizenship. Article 11 lets Parliament make law on the subject, and it did so through the Citizenship Act, 1955. Other features taken from Britain are the parliamentary system, the rule of law, the office of Speaker, the cabinet system and the writ procedure. Option A is wrong because France gave the ideals of liberty, equality and fraternity in the Preamble. Option B is wrong because the USA gave Fundamental Rights, judicial review, the independent judiciary and the impeachment procedure. Option C is wrong because Australia gave the Concurrent List and freedom of trade and commerce. Exam tip: single citizenship, rule of law and the Speaker come from Britain; dual citizenship is the American feature India did not take.

The correct answer is D, Part XIV. Part XIV of the Constitution, titled Services under the Union and the States, covers Articles 308 to 323, and the public service commissions sit in it. Article 315 provides for a Union Public Service Commission for the Union and a Public Service Commission for each state. Article 316 deals with the appointment and term of members, Article 317 with their removal, Article 320 with the functions of the commissions, mainly conducting examinations for appointment to services, and Article 323 with their annual reports. The UPSC is a constitutional body and its chairman and members are appointed by the President. Option A is wrong because Part XVII deals with official language. Option B is wrong because Part XV deals with elections and the Election Commission. Option C is wrong because Part XVI covers special provisions for Scheduled Castes, Scheduled Tribes and Anglo-Indians. Exam tip: Part XIV services and UPSC, Part XV elections, Part XVI special provisions, Part XVII language.

The correct answer is D, 22. The Eighth Schedule of the Constitution lists 22 languages. It began with 14 languages in 1950. Sindhi was added by the 21st Amendment in 1967; Konkani, Manipuri and Nepali by the 71st Amendment in 1992; and Bodo, Dogri, Maithili and Santhali by the 92nd Amendment in 2003, which took the list to 22. These are the languages the Union must draw upon to enrich Hindi, and candidates may write many central examinations in them. Note that the Schedule does not by itself make all 22 languages official languages of the Union: Article 343 makes Hindi in Devanagari script the official language, with English continuing alongside. Option A is wrong because 42 is the number of the amendment that changed the Preamble, not a language count. Option B is wrong because 12 is fewer even than the 14 the Schedule started with. Option C is wrong because 32 is more than the list holds. Exam tip: remember 14 in 1950 and 22 in 2003, the last four added by the 92nd Amendment.