Indian Polity Mixed Quiz: Set 16

The correct answer is They may not be used for determining constitutionality of laws, because this statement is false. The Supreme Court has held that when a court tests whether a law is constitutional, and finds that the law gives effect to a Fundamental Duty, it may treat the law as "reasonable" under Article 14 or Article 19 and uphold it. So the duties can indeed help determine the constitutionality of laws, even though they cannot themselves be enforced.

The other three statements are correct, which is what makes the question hard. The Fundamental Duties were not part of the original Constitution of 1950; they were added by the 42nd Amendment in 1976. Safeguarding public property and abjuring violence is a Fundamental Duty, clause (i) of Article 51A. And the duties are not enforceable through writs, because they are non-justiciable: no court can order a citizen to perform them, though Parliament can enforce them through ordinary laws. In a "NOT correct" question, test each statement separately before choosing.

The correct answer is A, To consider cases of civil and criminal nature. Subordinate courts are the courts at the district level and below, and they hear civil and criminal cases as courts of first instance.

The Indian judiciary is a single pyramid. The Supreme Court stands at the top, a High Court in each state comes next, and below it are the subordinate courts, which work under the control of that High Court. On the civil side the District Judge is the highest, and below come the courts of the Civil Judge; on the criminal side the Sessions Judge is the highest, with Judicial Magistrates below. Articles 233 to 237 deal with these courts, and the Governor appoints district judges in consultation with the High Court.

Option B is wrong because writs are issued by the Supreme Court under Article 32 and by High Courts under Article 226. Option C is wrong because hearing appeals from lower courts is mainly the work of the High Court. Option D is wrong because transferring cases is a power of the higher courts.

Exam tip: District and Sessions Courts are subordinate courts; writs belong only to the Supreme Court and the High Courts.

The correct answer is the Chief Justice of India. Under Article 60, the President takes the oath or affirmation before the Chief Justice of India, or, in the Chief Justice's absence, before the senior-most judge of the Supreme Court. In the oath the President promises to preserve, protect and defend the Constitution and the law, and to devote himself or herself to the service and well-being of the people of India. Unlike the oaths of ministers and judges, which are in the Third Schedule, the form of the President's oath is written into Article 60 itself.

The Prime Minister does not administer the President's oath; it is the other way round, since the President administers the oaths of the Prime Minister and the other Union ministers. The Speaker of the Lok Sabha and the Chairman of the Rajya Sabha have no role in it either. Keep a small chain in mind: the Chief Justice swears in the President, the President swears in the Vice-President, the Prime Minister, the ministers and the judges of the Supreme Court, and the Chief Justice of a High Court swears in the Governor of the State.

The correct answer is A, JS Khehar. Justice Jagdish Singh Khehar was the Chief Justice of India when the nine-judge bench delivered its verdict in Justice K.S. Puttaswamy v. Union of India on 24 August 2017, and he presided over it. The bench held unanimously that privacy is a fundamental right, protected mainly as part of the right to life and personal liberty under Article 21 and by the freedoms in Part III. It overruled the older rulings in M.P. Sharma (1954) and Kharak Singh (1962), which had said the Constitution gives no such right. The case grew out of a challenge to the Aadhaar scheme. Justice Khehar was also the first Sikh Chief Justice of India. Option B is wrong because Dipak Misra became Chief Justice a week later, and led the benches on Section 377 and adultery. Option C is wrong because H.J. Kania was India's first Chief Justice, in 1950. Option D is wrong because T.S. Thakur retired as Chief Justice in January 2017. Exam tip: Puttaswamy 2017, nine judges, Article 21, CJI Khehar.

The correct answer is A, A is correct and B is incorrect. Statement A is right because Article 153 provides a Governor for each state, and the Governor is the constitutional head of the state, in whose name all executive action of the state is taken. Statement B is wrong on one word: the Governor is appointed by the President under Article 155, not by the state government, and holds office during the pleasure of the President for a term of five years. That is why the Governor can report to the President on the state of affairs in the state; a person appointed by the state ministry could hardly watch over it. The real work of government is done by the Chief Minister and the council of ministers, who advise the Governor. B is wrong because statement A is correct. C is wrong because statement B has the appointing authority wrong. D is wrong because statement A is correct. Exam tip: Article 153, a Governor for each state; Article 155, appointed by the President.

The correct answer is A, Article 226. It gives every High Court the power to issue writs within its territory. A High Court can issue the five writs, habeas corpus, mandamus, prohibition, certiorari and quo warranto, not only to enforce Fundamental Rights but also 'for any other purpose', that is, for ordinary legal rights. This makes the writ power of a High Court wider than that of the Supreme Court, which under Article 32 issues writs only for Fundamental Rights. Article 32 is itself a Fundamental Right, while Article 226 is not. B is wrong because Article 246 divides law-making subjects between the Union and the states through the Seventh Schedule. C is wrong because Article 254 settles a clash between a central law and a state law on a Concurrent List subject. D is wrong because Article 233 deals with the appointment of district judges. Exam tip: writs by the Supreme Court under Article 32, by High Courts under Article 226, and the High Court's power is the wider one.

The correct answer is A, Cognizable offences. In a cognizable offence the police may register a case, start an investigation and arrest a person without any order from a magistrate. These are the graver offences, such as murder, rape, dacoity, kidnapping and theft, and a First Information Report must be recorded for them. In a non-cognizable offence, such as simple hurt, defamation or public nuisance, the police need the permission of a magistrate before they investigate or arrest. Whether an offence is cognizable, and whether it is bailable, is listed offence by offence in the criminal procedure law, which since 2024 is the Bharatiya Nagarik Suraksha Sanhita in place of the old Code of Criminal Procedure. Option B is wrong because there is no class of offences called detention offences. Option C is wrong because a non-cognizable offence is precisely the case where the magistrate's order is needed. Option D is wrong because cross offences is not a category of this kind. Exam tip: cognizable means FIR and arrest without a warrant, non-cognizable means the police must first get a magistrate's nod.

The correct answer is C, The post of the SGI is a constitutional post. It is the one false statement, because the Constitution creates only the Attorney General, not the Solicitor General. Article 76 provides for the Attorney General for India, the chief legal advisor to the Government and the highest law officer. The Solicitor General is the second law officer who assists the Attorney General; the post rests on the Law Officers (Conditions of Service) Rules, 1987, so it is a non-constitutional post. The detail that sticks: only the Attorney General gets an Article number and, under Article 88, the right to speak in both Houses of Parliament. A is a true statement, since the chief legal advisor is the Attorney General, not the SGI. B is true, because the SGI ranks just below the Attorney General as the second law officer. D is true, as the Appointments Committee of the Cabinet appoints the SGI and the Additional Solicitors General. Exam tip: Attorney General, Article 76, constitutional; Solicitor General, no Article, non-constitutional.

The correct answer is Verma Committee. In 1999 the Committee on the Fundamental Duties of Citizens, headed by Justice J.S. Verma, a former Chief Justice of India, looked at how the duties could be made operational. It identified the laws already in force that give effect to some of them, such as the Prevention of Insults to National Honour Act, 1971, the Protection of Civil Rights Act, 1955 and laws on wildlife and forests, and suggested ways to teach the duties.

The other committees dealt with other subjects. The L.M. Singhvi Committee (1986) recommended constitutional status for local self-government institutions, which led towards the 73rd and 74th Amendments. The Vasantrao Naik Committee was set up by Maharashtra on democratic decentralisation and panchayati raj. The Rajamannar Committee (1969) was appointed by the Tamil Nadu government to study Centre-State relations. For the Fundamental Duties remember two committees: Swaran Singh (1976) recommended them, and Verma (1999) looked at how to make them work.

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 the Vice President. Article 56(1)(a) says the President may resign by writing under his or her hand addressed to the Vice-President. The Vice-President must then communicate the resignation to the Speaker of the Lok Sabha without delay. In the same way, the Vice-President resigns by writing to the President. Article 56 also provides that a President whose five-year term has ended continues in office until the successor takes over, so the office is never left empty merely because a term expires.

The Prime Minister, who heads the government, is appointed by the President and so cannot receive the President's resignation. The Chief Election Commissioner conducts the election of the President but has no role in a resignation, and the Speaker of the Lok Sabha only receives information about it from the Vice-President. Resignation questions come in sets, so learn the pairs together: the President writes to the Vice-President, the Vice-President to the President, the Prime Minister and a Governor to the President, and the Speaker of the Lok Sabha to the Deputy Speaker.

The correct answer is C, 1961. The Dowry Prohibition Act was passed by Parliament in 1961 and came into force on 1 July 1961. It makes both the giving and the taking of dowry an offence, and it also punishes anyone who demands dowry or advertises an offer of money or property in return for a marriage. The Act defines dowry as property or valuable security given in connection with a marriage, and it keeps gifts freely given to the bride outside that definition. It was tightened by amendments in 1984 and 1986, which brought in Section 304B of the Indian Penal Code on dowry death and Section 498A on cruelty by a husband or his relatives. Option A is wrong because 1973 is the year of the Code of Criminal Procedure. Option B is wrong because no dowry law was enacted in 1982. Option D is wrong because 1954 is the year of the Special Marriage Act. Exam tip: Dowry Prohibition Act 1961, Hindu Marriage Act 1955, Special Marriage Act 1954.

The correct answer is To vote in public elections. Voting is not among the eleven Fundamental Duties in Article 51A. The right to vote comes from Article 326, which provides for elections on the basis of adult suffrage, and from the Representation of the People Act, 1951. It is not a Fundamental Right, and voting is not a Fundamental Duty. Critics often point to its absence, along with paying taxes, as a gap in the list.

The other three options are genuine Fundamental Duties: valuing and preserving the rich heritage of our composite culture is clause (f); safeguarding public property and abjuring violence is clause (i); and upholding and protecting the sovereignty, unity and integrity of India is clause (c). Whenever a "NOT a Fundamental Duty" question appears, look first for voting, paying taxes, family planning or respecting the National Song: none of these is on the list.

The correct answer is A, Jawaharlal Nehru. Jawaharlal Nehru was Prime Minister from 15 August 1947 until his death on 27 May 1964, about sixteen years and nine months, and no Indian Prime Minister has held the office for longer. He is also the only one to have served continuously through three general elections, in 1952, 1957 and 1962. Option B is wrong because Indira Gandhi served in two spells, from 1966 to 1977 and from 1980 to 1984, together about fifteen years and eleven months — close to Nehru but short of him. Option C is wrong because I.K. Gujral was Prime Minister for less than a year, from April 1997 to March 1998. Option D is wrong because Narendra Modi took office in May 2014, so his tenure was far shorter than Nehru's when this paper was set. Exam tip: Nehru's tenure of about sixteen years and nine months is the longest, and Indira Gandhi's of about fifteen years and eleven months comes next.

The correct answer is Impeachment of the President. Article 61 sets out the only way a President can be removed before the end of the term: impeachment for "violation of the Constitution". The charge can be brought in either House by a resolution signed by at least one-fourth of its members, after 14 days' notice, and must be passed by two-thirds of the total membership of that House. The other House then investigates, and if it too passes the resolution by two-thirds of its total membership, the President stands removed. No President has ever been impeached.

The other options belong elsewhere in the Constitution. The Fundamental Duties are in Article 51A, in Part IVA. A Financial Emergency is proclaimed under Article 360 and a National Emergency under Article 352, both in Part XVIII. Notice how the impeachment process borrows the idea from the United States, but India's only ground is a violation of the Constitution.

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 To value and preserve a unitary national culture. Article 51A(f) actually asks citizens "to value and preserve the rich heritage of our composite culture". The word matters: India's culture is described as composite, a blend of many traditions, languages and faiths, not a single unitary culture. By changing one word, the examiner turns a real duty into a false one.

The other three options are genuine duties. Rendering national service when called upon to do so is part of clause (d). Renouncing practices derogatory to the dignity of women is part of clause (e), which also asks citizens to promote harmony across religious, linguistic and regional diversities. Developing the spirit of inquiry and reform is part of clause (h), along with the scientific temper and humanism. This question is a reminder to learn the exact wording of the duties, because CDS and UPSC papers often test a single changed word rather than the whole idea.

The correct answer is President. Article 72 gives the President the power to grant pardons, reprieves, respites or remissions of punishment, and to suspend, remit or commute a sentence. It covers every case where the punishment was given by a court martial, every offence against a law on a matter within the Union's executive power, and every sentence of death. The President uses this power on the advice of the Council of Ministers.

The Prime Minister leads that Council but has no pardoning power of his or her own. The Attorney General, appointed under Article 76, is the government's chief legal adviser and appears for it in court, but cannot pardon anyone. The Vice-President has no such power either, except while acting as President. At the State level, the Governor has a similar power under Article 161, but it does not extend to sentences passed by a court martial, which only the President can pardon.

The correct answer is C, 42nd Amendment Act. The Fundamental Duties were written into the Constitution in 1976 by the 42nd Amendment, on the advice of the Swaran Singh Committee, and the idea was borrowed from the Constitution of the erstwhile Soviet Union. They were placed in a new Part IVA with a single article, Article 51A, which first listed ten duties, such as respecting the Constitution, the National Flag and the National Anthem, protecting the environment and safeguarding public property. An eleventh duty, that a parent or guardian provide education to a child between six and fourteen years, was added by the 86th Amendment of 2002. The duties are not enforceable by a court. A is wrong because the 51st Amendment reserved seats for Scheduled Tribes in some north-eastern states. B is wrong because the 23rd Amendment extended reservation of seats for Scheduled Castes and Tribes. D is wrong because the 1st Amendment of 1951 added the Ninth Schedule. Exam tip: 42nd Amendment is called the Mini Constitution.

The correct answer is President. Article 123 lets the President promulgate an ordinance when either House of Parliament is not in session and the President is satisfied that circumstances make immediate action necessary. An ordinance has the same force as an Act of Parliament, but it must be laid before both Houses when they reassemble and lapses six weeks after that unless approved earlier. It can be withdrawn at any time, and it cannot amend the Constitution.

The Vice-President has no power to make laws; the Prime Minister and the Council of Ministers advise the President to issue an ordinance but cannot issue one themselves; and the Speaker of the Lok Sabha presides over the House but has no ordinance-making power. The State counterpart is the Governor's power under Article 213. Remember too that the maximum life of an ordinance is six months and six weeks, because Parliament must meet at least once every six months.