Indian Polity Mixed Quiz: Set 18

The correct answer is A, Federal. The Preamble describes India as a sovereign, socialist, secular, democratic republic; the word federal appears nowhere in it, or indeed anywhere in the Constitution. Article 1 instead calls India a Union of States, a wording the drafters chose to show that the states did not join by agreement and cannot leave. The words socialist and secular, along with integrity, were inserted by the 42nd Amendment Act of 1976, which is why they are part of the description today. Option B is wrong because republic is in the Preamble and means the head of state is elected, not hereditary. Option C is wrong because socialist was added in 1976 and stands in the Preamble. Option D is wrong because secular is also in the Preamble and means the state has no religion of its own. Exam tip: Preamble order is Sovereign, Socialist, Secular, Democratic, Republic; federal is absent.

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 B, Article 13. Article 13 declares that any law inconsistent with or in derogation of the fundamental rights is void, and it binds both the laws made before the Constitution and those made after it. It is the article that makes the rights enforceable, because it gives the Supreme Court and the High Courts the power of judicial review over ordinary legislation. Article 13(3) defines law widely enough to cover ordinances, orders, rules, notifications and even custom, and clause (4), added by the 24th Amendment, keeps constitutional amendments out of this definition. Option A is wrong because Article 14 guarantees equality before the law and equal protection of the laws. Option C is wrong because Article 11 lets Parliament regulate the right of citizenship by law. Option D is wrong because Article 12 only defines the term State for this Part. Exam tip: 12 defines State, 13 voids inconsistent laws, 14 equality.

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 C, Indira Gandhi. Fundamental Duties were inserted by the 42nd Constitutional Amendment of 1976, passed during the Emergency when Indira Gandhi was Prime Minister. The amendment followed the report of the Swaran Singh Committee, and the duties were placed in Part IVA as Article 51A, drawing on the practice of the Soviet constitution. Ten duties were listed at first; an eleventh, on providing education to children between six and fourteen years, was added by the 86th Amendment of 2002. Like the Directive Principles, these duties are not enforceable by the courts. Option A is wrong because P V Narasimha Rao became Prime Minister in 1991 and is linked with the economic reforms. Option B is wrong because Charan Singh was Prime Minister briefly in 1979-80. Option D is wrong because Lal Bahadur Shastri held office from 1964 to 1966. Exam tip: 42nd Amendment 1976 added Fundamental Duties and the words socialist, secular and integrity to the Preamble.

The correct answer is C, the lower court prohibiting continuation of proceedings in a case. Prohibition is issued by a higher court to a lower court or tribunal to stop it from acting beyond its jurisdiction. The Supreme Court issues writs under Article 32 and the High Courts under Article 226. Prohibition is preventive: it comes while the case is still pending and stops the lower court from going ahead. Its partner, certiorari, is corrective, because it quashes an order already passed without jurisdiction. Both lie only against judicial and quasi-judicial bodies, never against legislatures or private persons. Option A is wrong because commands to government officers come through mandamus, and prohibition is not issued to administrative authorities. Option B is wrong because no writ can direct a legislature to pass a law. Option D is wrong because it describes no writ; a policy is tested through judicial review. Exam tip: prohibition stops a case midway, certiorari cancels the order after it is made.

The correct answer is B, 35 years. Article 66(3) of the Constitution says a person must have completed 35 years of age to be eligible for election as Vice-President. The same article requires the candidate to be a citizen of India, to be qualified for election as a member of the Council of States, and to hold no office of profit under the Union, a State or a local authority. The Vice-President is elected for five years by an electoral college of members of both Houses of Parliament, including nominated members, through proportional representation by the single transferable vote. The same age limit of 35 years applies to the President under Article 58. Option A is wrong because 30 years is the minimum age for membership of the Rajya Sabha. Options C and D are wrong because the Constitution fixes no such limits for this post. Exam tip: 25 for Lok Sabha, 30 for Rajya Sabha, 35 for President and Vice-President.

The correct answer is C, 1 and 3 only. The CAG of India is an auditor who checks spending after it happens; he has no say over money leaving the treasury. He is appointed by the President under Article 148, and his duties are laid down in the CAG (Duties, Powers and Conditions of Service) Act, 1971. He audits all spending from the Consolidated Fund of India and of each State, and also the accounts of bodies substantially financed from Union or State revenues. His reports on Union accounts go to the President under Article 151, who has them laid before Parliament, where the Public Accounts Committee examines them. Statement 2 is wrong because money is drawn from the Consolidated Fund by the executive under an Appropriation Act, and unlike his British counterpart, India's CAG does not control its issue. That rules out options A, B and D, since each of them includes statement 2. Exam tip: India's CAG is an auditor-general rather than a comptroller; he audits, he does not release money.

The correct answer is Council of Ministers to aid and advise President. Article 74(1) says there shall be a Council of Ministers with the Prime Minister at its head to aid and advise the President, who shall act in accordance with that advice. The 42nd Amendment (1976) made the advice binding, and the 44th Amendment (1978) allowed the President to send it back once for reconsideration. Article 74(2) adds that no court can inquire whether, and what, advice was given.

The other options describe appointments made under other Articles. The Chief Justice of India is appointed by the President under Article 124. The Vice-President is not appointed at all; he or she is elected by the members of both Houses of Parliament under Article 66. The chairman of the Finance Commission is appointed by the President under Article 280. Article 74 is the foundation of parliamentary government in India: it is the reason the President acts as a constitutional head while real power lies with the Council of Ministers.

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 B, Leaders of Opposition in Parliament. The Salary and Allowances of Leaders of Opposition in Parliament Act, 1977 gave the post statutory recognition for the first time and fixed the pay and perks of the Leader of the Opposition in the Lok Sabha and the Rajya Sabha. The Act describes the Leader of the Opposition as the leader of the largest opposition party recognised as such by the Speaker or the Chairman, and the office carries the rank of a Cabinet minister. The holder sits on the committees that select the Director of the CBI, the Central Vigilance Commissioner, the Lokpal and the Chief Information Commissioner. Option A is wrong because the President's pay comes under a 1951 law. Option C is wrong because the Prime Minister is paid under the law on ministers' salaries of 1952. Option D is wrong because the office of Governor General ended in 1950. Exam tip: Leader of the Opposition, statutory since 1977, ranks with a Cabinet minister.

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.

The correct answer is D, Original. Article 131 of the Constitution gives the Supreme Court exclusive original jurisdiction in disputes between the Government of India and one or more states, and in disputes among states themselves. Exclusive means no other court can hear such a case, and original means it starts in the Supreme Court and does not come on appeal. The article does not cover disputes arising from a treaty or agreement that was in force before the Constitution began. Option A is wrong because appellate jurisdiction, under Articles 132 to 134, is about appeals from High Court judgments in constitutional, civil and criminal cases. Option B is wrong because advisory jurisdiction under Article 143 lets the President seek the Court's opinion on a question of law, and that opinion does not bind him. Option C is wrong because writ jurisdiction under Article 32 is for enforcing fundamental rights of citizens. Exam tip: Article 131 original, 143 advisory, 32 writs.

The correct answer is C, Repeal of the Indian Independence Act, 1947. Article 395, the last article of the Constitution, repeals the Indian Independence Act, 1947 and the Government of India Act, 1935, along with the laws that amended or added to the 1935 Act. By removing these British laws, the framers made the Constitution the only source of legal authority in India and ended the legal link with the British Parliament. The article makes one exception: the Abolition of Privy Council Jurisdiction Act, 1949 was not repealed. Article 395 sits in Part XXII with Article 393 (short title) and Article 394 (commencement), and it took effect on 26 January 1950. Option A is wrong because the Citizenship Amendment Act, 2019 is an ordinary law made by Parliament, not an article of the Constitution. Option B is wrong because new states are formed under Articles 2 and 3. Option D is wrong because a national emergency is proclaimed under Article 352. Exam tip: Article 395 repeals the Indian Independence Act 1947 and the Government of India Act 1935.

The correct answer is A, Communication of all decisions of the Council of Ministers to the Governor. Article 167 lists the duties of the Chief Minister towards the Governor.

Under Article 167 the Chief Minister must communicate to the Governor every decision of the Council of Ministers about the administration of the state and about proposals for legislation, must furnish any information on these matters that the Governor calls for, and must place before the Council any matter on which a single Minister has taken a decision but the Council has not considered. It is the state counterpart of Article 78, which lays down the same duties for the Prime Minister towards the President.

B is wrong: Ministers are appointed and removed by the Governor under Article 164, on the Chief Minister's advice. C is wrong: the Speaker is elected by the members of the Legislative Assembly under Article 178. D is wrong: the Advocate General is appointed by the Governor under Article 165.

Exam tip: Article 78 - Prime Minister's duties; Article 167 - Chief Minister's duties.

The correct answer is D, United States of America. The very idea of opening a constitution with a preamble came from the American Constitution of 1787, which begins 'We the People of the United States'. India's Preamble likewise begins 'We, the people of India', showing that the Constitution draws its authority from the people. From the same source India also took the Fundamental Rights, an independent judiciary and judicial review, impeachment of the President, and the removal of Supreme Court and High Court judges. The Objectives Resolution moved by Jawaharlal Nehru on 13 December 1946 later grew into our Preamble, which was adopted on 26 November 1949. Option A is wrong because the USSR gave us the Fundamental Duties, the ideal of justice and the five-year plans. Option B is wrong because Canada gave us a federation with a strong Centre, residuary powers and the appointment of Governors. Option C is wrong because Britain gave us the parliamentary system, rule of law, single citizenship and the office of Speaker. Exam tip: preamble and fundamental rights from the US, duties from the USSR.

The correct answer is B, Article 171. It lays down the composition of a state's Legislative Council.

Under Article 171 the Council cannot have more than one third of the strength of the Legislative Assembly and never fewer than forty members. Its seats are filled in a fixed way: one third elected by local bodies, one twelfth by graduates, one twelfth by teachers, one third by members of the Assembly, and the rest nominated by the Governor from people distinguished in literature, science, art, the cooperative movement or social service. The Council is a permanent house whose members serve six years, with one third retiring every two years.

Option A, Article 168, says what a state legislature consists of. Option D, Article 169, lets Parliament create or abolish a Council if the Assembly passes a special majority resolution. Option C, Article 181, concerns the Speaker or Chairman not presiding when a resolution for removal is being considered.

Exam tip: 168 constitution, 169 creation and abolition, 171 composition.

The correct answer is C, The Panchayats. Part IX of the Constitution of India is headed 'The Panchayats'. It was inserted by the 73rd Constitutional Amendment Act, 1992, which came into force on 24 April 1993, now marked as National Panchayati Raj Day, and it runs from Article 243 to Article 243-O. Part IX gives panchayats a three-tier structure at village, intermediate and district level, a fixed term of five years, reservation of seats for Scheduled Castes, Scheduled Tribes and women, a State Election Commission to hold their elections and a State Finance Commission to review their funds; the Eleventh Schedule lists the subjects handed to them. Option A is wrong because relations between the Union and the States form Part XI. Option B is wrong because the Scheduled and Tribal Areas are in Part X, read with the Fifth and Sixth Schedules. Option D is wrong because finance, property, contracts and suits make up Part XII. Exam tip: Part IX Panchayats with the Eleventh Schedule, Part IX-A Municipalities with the Twelfth.

The correct answer is A, 1951. The Constitution (First Amendment) Act was passed in 1951, a little over a year after the Constitution came into force.

It was enacted by the Provisional Parliament when Jawaharlal Nehru was Prime Minister, before the first general election. The amendment added the Ninth Schedule to protect land reform laws from judicial review, inserted Articles 31A and 31B, allowed the state to make special provision for the advancement of socially and educationally backward classes, and added public order, friendly relations with foreign states and incitement to an offence as grounds for restricting the freedom of speech under Article 19.

B is wrong: 1952 is the year of the first general election, not of the first amendment. C is wrong: 1950 is when the Constitution came into force, on 26 January. D is wrong: the Second and Third Amendments belong to 1952 and 1954.

Exam tip: First Amendment, 1951 - Ninth Schedule, Articles 31A and 31B, new limits on free speech.

The correct answer is D, 6 years or up to the age of 65 years, whichever is earlier. The Chief Election Commissioner holds office for six years from the date he takes charge, or until he turns sixty-five, whichever comes first; the other Election Commissioners serve on the same terms. The Constitution itself does not fix the term — Article 324 leaves the conditions of service to a law of Parliament, and the law sets these limits. The Chief Election Commissioner draws the salary of a Supreme Court judge and can be removed only in the same manner as a Supreme Court judge, while the other Election Commissioners can be removed only on his recommendation, which is what protects the Commission's independence. Options A, B and C are wrong because four, three and five years are not the prescribed term for this office. Exam tip: six years or sixty-five is also the limit for the Comptroller and Auditor General and for the Chairman of the Union Public Service Commission.