Indian Polity Mixed Quiz: Set 2

The correct answer is December 1946. The Constituent Assembly met for the first time on 9 December 1946. The Muslim League boycotted the sitting and pressed its demand for a separate Pakistan, and Dr Sachchidananda Sinha, the oldest member, presided as temporary President. Two days later, on 11 December 1946, Dr Rajendra Prasad was elected the permanent President of the Assembly.

The other options are dates from before or after the Assembly's work. August 1945 is more than a year before the Cabinet Mission Plan of 1946 created the Assembly. July 1948 falls in the middle of its work, after the Draft Constitution had been published in February 1948. January 1950 is the very end: the last session was held on 24 January 1950 and the Constitution came into force on 26 January 1950. Remember the pair that is asked most often: first meeting on 9 December 1946, and Rajendra Prasad elected on 11 December 1946.

The correct answer is 1946. The Cabinet Mission came to India in 1946 to work out how power would be handed over, and its plan laid down how a Constituent Assembly would be formed: 389 seats in all, 296 for British India and 93 for the princely states, with the members from the provinces elected indirectly by the provincial legislative assemblies. Elections to the British Indian seats followed in July and August 1946, and the Assembly held its first meeting on 9 December 1946.

The other years cannot be right. The Constitution was adopted on 26 November 1949 and came into force on 26 January 1950, so an Assembly formed in 1952, 1959 or 1962 would have had nothing left to write. A good way to fix this date is to tie it to two others from the same year: the elections of July and August 1946, and the first sitting in December 1946.

The correct answer is Sovereign, socialist, secular, democratic, republic. This is the order in which the Preamble describes India: "a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC". Socialist and secular were inserted between sovereign and democratic by the 42nd Amendment in 1976; before that the phrase read "sovereign democratic republic".

The first option swaps socialist and secular, which is the most common slip, since both words were added at the same time. The third option repeats "secular" and begins with the wrong word, and the fourth moves "sovereign" from the front to the end. A simple way to hold the order is to say the three S-words by sound: So, So, Se (Sovereign, Socialist, Secular), followed by the original last two words, Democratic Republic. The two words added in 1976 sit together in the middle.

The correct answer is The People of India. The Preamble opens with the words "We, the people of India", which name the people as the source from which the Constitution draws its authority. The Constitution was not handed down by a government, a court or a legislature; the people, through their Constituent Assembly, adopted, enacted and gave it to themselves on 26 November 1949.

The Supreme Court, the Indian Parliament and the Central Government are all created by the Constitution, so none of them can be its source of authority. Each of them exercises only the powers the Constitution gives it. This is the first of the four things the Preamble tells us, the others being the nature of the Indian State (sovereign, socialist, secular, democratic, republic), its objectives (justice, liberty, equality and fraternity) and the date of adoption. A fill-in-the-blank question like this one tests whether you know the exact opening words, so learn the text as written.

The correct answer is Right to property. When the Constitution came into force, property was protected as a Fundamental Right in two places: Article 19(1)(f), the freedom to acquire, hold and dispose of property, and Article 31, protection against being deprived of property. The 44th Amendment Act, 1978 deleted both and inserted Article 300A in Part XII, which says that no person shall be deprived of property save by authority of law. Property is therefore still protected, but only as a constitutional or legal right, not as a Fundamental Right.

The practical difference is that a person whose property is taken can no longer go straight to the Supreme Court under Article 32, which is only for Fundamental Rights; they can still approach a High Court under Article 226 or an ordinary court. The other three options, the Right to Equality (Articles 14 to 18), the Right against Exploitation (Articles 23 and 24) and the Right to Freedom of Religion (Articles 25 to 28), all remain Fundamental Rights. The same 44th Amendment also made Articles 20 and 21 impossible to suspend during an emergency.

The correct answer is the USA. The Bill of Rights is the name given to the first ten amendments to the Constitution of the United States, adopted in 1791, which protect freedoms such as speech and religion against the government. India's framers took from it the idea of a written list of rights that the State cannot violate and that the courts will enforce. Part III of our Constitution, Articles 12 to 35, is the result, and it is often called the Magna Carta of India.

The other countries gave India different features. From Australia came the Concurrent List, freedom of trade and commerce, and the joint sitting of the two Houses of Parliament. From Japan came the phrase "procedure established by law" used in Article 21. From the former USSR came the Fundamental Duties and the ideal of social, economic and political justice in the Preamble. So even inside Part III there are two sources to remember: the chapter as a whole from the USA, and the wording of Article 21 from Japan.

The correct answer is Article 37. It says two things at once: the provisions of Part IV "shall not be enforceable by any court", but the principles laid down in it are "nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws". That is why a citizen cannot sue the government for failing to bring in, say, a Uniform Civil Code, yet courts often rely on the Directive Principles when they judge whether a law is reasonable.

The other options are traps built from nearby numbers. Article 40 is itself a Directive Principle, on organising village panchayats, but it does not state the nature of the whole chapter. Article 30 gives minorities the right to run educational institutions, and Article 35 deals with Parliament's power to make laws giving effect to certain Fundamental Rights; both are in Part III. When a question quotes the words "fundamental in the governance of the country", the answer is always Article 37.

The correct answer is Directive Principles of State Policy. Part IV of the Constitution, Articles 36 to 51, contains the Directive Principles: the goals the State should pursue in making laws and policies, such as a living wage, free legal aid, village panchayats and a Uniform Civil Code. Article 37 makes them non-justiciable but "fundamental in the governance of the country".

Each wrong option belongs to a different Part. The Fundamental Rights are in Part III, Articles 12 to 35. The Fundamental Duties are in Part IVA, a single Article, 51A, added in 1976. "The Union" is Part V, which begins at Article 52 with the President and covers the Union executive, Parliament and the Supreme Court. Learning the four Parts in a row makes this kind of question easy: Part III rights (12–35), Part IV directives (36–51), Part IVA duties (51A), and Part V the Union (from 52).

The correct answer is B, Fundamental duties. These words form clause (b) of Article 51A, the list of duties every citizen owes the nation. The Fundamental Duties were added as Part IVA by the 42nd Amendment Act, 1976 on the advice of the Swaran Singh Committee, and the idea was borrowed from the Constitution of the former USSR. There were ten duties at first; the 86th Amendment Act, 2002 added the eleventh, asking parents to give their children aged 6 to 14 a chance of education. Clause (a) asks citizens to respect the Constitution, the National Flag and the National Anthem, and clause (b) is the line in this question. Option A is wrong because the Directive Principles in Part IV are instructions to the State, not duties of citizens. Option C is wrong because the Fundamental Rights in Part III are claims a citizen can enforce in court. Option D is wrong because the Preamble states the ideals of justice, liberty, equality and fraternity but lists no duties. Exam tip: Article 51A, Part IVA, 42nd Amendment 1976, eleven duties today.

The correct answer is A, The Constitution (42nd Amendment) Act. The 42nd Amendment of 1976, passed on the recommendation of the Swaran Singh Committee, added a new Part IV-A with a single Article 51A listing ten Fundamental Duties of citizens, such as respecting the Constitution, the National Flag and the National Anthem, protecting the environment and developing the scientific temper. The idea was taken from the constitution of the former USSR. An eleventh duty, that a parent or guardian must provide education to a child between six and fourteen years, was added by the 86th Amendment of 2002. The duties are not enforceable by courts, but Parliament may make laws to enforce them. B, the 44th Amendment of 1978, undid many Emergency-era changes and made the right to property a legal right. C, the 85th Amendment of 2001, dealt with consequential seniority in promotion for SC and ST employees. D, the 92nd Amendment of 2003, added Bodo, Dogri, Maithili and Santhali to the Eighth Schedule. Exam tip: the 42nd Amendment of 1976 added Part IV-A, Article 51A and ten duties; the 86th Amendment of 2002 made them eleven.

The correct answer is B, Article 61. It lays down the procedure for impeachment of the President, the only ground being "violation of the Constitution". The charge may be started in either House by a resolution signed by at least one-fourth of its members, with fourteen days' notice, and must be passed by a majority of not less than two-thirds of the total membership of that House. The other House then investigates, the President may appear and be represented, and if it too passes the resolution by a two-thirds majority the President stands removed. No Indian President has ever been impeached. A, Article 51, is a Directive Principle on promoting international peace and security. C, Article 63, simply says there shall be a Vice-President of India. D, Article 54, is about the election of the President by the electoral college. Exam tip: 54 election, 56 term, 61 impeachment, 63 Vice-President.

The correct answer is A, Part V. Part V is titled "The Union" and its first chapter, "The Executive", covers the President, the Vice-President, the Council of Ministers and the Attorney-General. Part V runs from Article 52 to Article 151 and also contains Parliament, the legislative powers of the President, the Union Judiciary (Supreme Court) and the Comptroller and Auditor-General. Article 52 is the opening line: "There shall be a President of India." Whatever belongs to the Centre as an institution lives in Part V. B, Part III, is Fundamental Rights, Articles 12 to 35. C, Part IV, is the Directive Principles of State Policy, Articles 36 to 51. D, Part VI, is "The States", Articles 152 to 237, which has the Governor, the state legislature and the High Courts, the state mirror of Part V. Exam tip: Part V is the Union, Part VI is the States; Part III rights, Part IV directives.

The correct answer is C, The President shall exercise his/her functions on the advice of the Council of Ministers, headed by the Prime Minister. The 42nd Amendment made that advice binding on the President. Before 1976, Article 74(1) only said there shall be a Council of Ministers with the Prime Minister at its head to aid and advise the President. The 42nd Amendment Act, 1976 added that the President "shall act in accordance with such advice". The 44th Amendment Act, 1978 then let the President send the advice back once for reconsideration, but the advice given after that must be followed. Option A is wrong because vesting executive power in the President is Article 53, which the 42nd Amendment did not touch. Option B is wrong because the Prime Minister's duty to keep the President informed is Article 78. Option D is wrong because summoning and proroguing the Houses is Article 85. Exam tip: the 42nd Amendment made the advice binding, and the 44th Amendment allowed one return for reconsideration.

The correct answer is A, Articles 74 and 75. These two Articles create the Council of Ministers that actually runs the Union government. Article 74 says there shall be a Council of Ministers headed by the Prime Minister to aid and advise the President, and the President acts on that advice. Article 75 says the Prime Minister is appointed by the President, the other ministers are appointed on the Prime Minister's advice, the Council is collectively responsible to the Lok Sabha, and its size cannot exceed 15 per cent of the Lok Sabha strength, a limit added by the 91st Amendment in 2003. The matching Articles for the states are 163 and 164. B is wrong because Article 71 is about disputes in presidential elections and Article 72 about the President's power of pardon. C is wrong because Articles 79 and 80 deal with the constitution of Parliament and the composition of the Rajya Sabha. D is wrong because Article 76 creates the Attorney-General and Article 77 covers the conduct of government business. Exam tip: Centre 74-75, states 163-164; collective responsibility is to the Lok Sabha.

The correct answer is A, Article 80. Article 80 lays down how the Council of States, the Rajya Sabha, is composed. It fixes the House at not more than 250 members: 12 nominated by the President for special knowledge in literature, science, art and social service, and up to 238 representatives of the States and Union Territories, elected by the elected members of State Legislative Assemblies through proportional representation by the single transferable vote. Article 81, the next one, does the same job for the Lok Sabha, and Articles 79 to 122 together cover Parliament. Option B is wrong because Article 395 only repeals the Indian Independence Act 1947 and the Government of India Act 1935. Option C is wrong because Article 51A lists the Fundamental Duties of citizens. Option D is wrong because Article 12 defines the 'State' for Part III on Fundamental Rights. Exam tip: remember the pair 80 = Rajya Sabha composition, 81 = Lok Sabha composition, and 250 = 238 + 12.

The correct answer is D, Article 247. It gives Parliament the power to provide by law for additional courts so that laws made by Parliament, or older laws on Union List subjects, are administered better. The Article sits in Part XI, Chapter I, which deals with the division of law-making power between the Union and the States (Articles 245 to 255). The word to catch in the question is "additional courts": only Article 247 talks about courts in this chapter, the neighbouring Articles talk about subjects and lists. A, Article 246, distributes subjects among the Union List, State List and Concurrent List of the Seventh Schedule. B, Article 248, gives the residuary power, that is, power over any matter not in the State or Concurrent List, to Parliament. C, Article 253, lets Parliament make laws for the whole country to implement treaties and international agreements. Exam tip: 246 three lists, 247 additional courts, 248 residuary power, 253 international agreements.

The correct answer is D, A, B and C. These three provisions keep judges free from pressure by the other organs of government, while the oath given by the President is only a formality. NCERT's Class 8 civics book explains that the legislature and the executive cannot interfere in the work of the judiciary, and judges are not answerable to them. Judges of the Supreme Court serve until 65 and those of High Courts until 62, and they can be removed only through a special process of impeachment, so their tenure is secure. Article 121 bars Parliament from discussing the conduct of a judge, except when a motion for removal is being considered. Statement D is a fact, but a ceremony of oath does not make judges independent. Option A is wrong because it adds statement D and drops C. Option B is wrong because it drops statement B, the fixed tenure. Option C is wrong because it adds statement D, which is not a safeguard. Exam tip: independence means appointment without the legislature, secure tenure, salaries charged on the Consolidated Fund and no debate on a judge's conduct.

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 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 C, Speaker of the Vidhan Sabha. Under Article 199(3), if a question arises whether a bill is a Money Bill, the decision of the Speaker of the Legislative Assembly is final. The Speaker endorses a certificate on the bill before it goes to the Legislative Council, where there is one, and then to the Governor. A Money Bill can be introduced only in the Assembly and only on the Governor’s recommendation, and the Council can hold it back for no more than 14 days. The same rule works at the Centre, where the Lok Sabha Speaker decides under Article 110(3). Option A is wrong because the Chief Minister heads the government but has no role in certifying bills. Option B is wrong because the Governor recommends the introduction of a Money Bill and gives assent to it, but does not decide its nature. Option D is wrong because the Law Minister may advise the government but holds no such power. Exam tip: Money Bill under Article 199 in the states and Article 110 at the Centre; in both, the Speaker’s decision is final.