Indian Polity Mixed Quiz: Set 20

The correct answer is D, Swaran Singh Committee. The Fundamental Duties were added on the recommendation of this committee, set up in 1976.

The Swaran Singh Committee suggested that the Constitution should spell out the duties of citizens alongside their rights. Acting on it, the 42nd Constitutional Amendment Act, 1976 inserted Part IVA with a single article, Article 51A, listing ten Fundamental Duties. An eleventh duty, that a parent or guardian should provide education to a child between six and fourteen years, was added by the 86th Amendment Act, 2002. The duties are not by themselves enforceable in a court.

A is wrong: the Raja Chelliah Committee reported on tax reforms in the early 1990s. B is wrong: the Santhanam Committee of 1962 dealt with prevention of corruption and led to the Central Vigilance Commission. C is wrong: the Kelkar Committee also worked on direct and indirect tax reform.

Exam tip: Swaran Singh Committee to 42nd Amendment, 1976 to Part IVA, Article 51A, ten duties; the eleventh came in 2002.

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, 5. The Vice President of India holds office for a term of five years from the date of entering upon the office.

Articles 63 to 71 deal with the Vice President. The Vice President is elected by an electoral college made up of the members of both Houses of Parliament, including the nominated members, by proportional representation through the single transferable vote and by secret ballot. State legislatures take no part, unlike in the President's election. The Vice President is the ex officio Chairman of the Rajya Sabha, may resign by writing to the President, and can be removed by a resolution passed by a majority of all the then members of the Rajya Sabha and agreed to by the Lok Sabha.

A is wrong: six years is the term of a member of the Rajya Sabha. C and D are wrong: two and three years match no term fixed for this office.

Exam tip: President and Vice President both serve five-year terms; Articles 52-62 for the President, 63-71 for the Vice President.

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 conduct of business of the Government of India. Article 77 says all executive action of the Government of India shall be expressed to be taken in the name of the President, and that the President shall make rules for the more convenient transaction of the government's business and for allocating it among ministers. These are the Government of India (Allocation of Business) Rules and the Transaction of Business Rules, under which each ministry knows its subjects.

The three other options all concern the Vice-President, and they come from a different set of Articles: the office of Vice-President is created by Article 63, the term of office is in Article 67, and the oath is in Article 69. Examiners mix them in because the Articles are close together. Remember the sequence of the executive Articles: 74 Council of Ministers, 75 appointment and rules, 76 Attorney General, 77 conduct of business, and 78 the Prime Minister's duties towards the President.

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 A, 1951. The Representation of the People Act was passed in 1951, before the first general election.

Parliament made two laws under Articles 327 and 328. The Act of 1950 fixed the allocation of seats and the preparation of electoral rolls. The Act of 1951 is the bigger one: it deals with the actual conduct of elections, the qualifications and disqualifications of members, corrupt practices, election expenses, election petitions and by-elections. Dr B. R. Ambedkar, as law minister, piloted it through the provisional Parliament, and India's first general election was held in 1951 and 1952 under it.

Option B, 1945, is before independence, when no Indian Parliament existed. Option D, 1949, is the year the Constitution was adopted, on 26 November. Option C, 1955, is the year of the Citizenship Act and the Hindu Marriage Act, not of this law.

Exam tip: RPA 1950 for rolls and seats, RPA 1951 for conduct and disqualification.

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, Janata Party. The Janata Party government led by Morarji Desai set up the Second Backward Classes Commission in 1978.

It is better known as the Mandal Commission, after its chairman B. P. Mandal, and it was appointed under Article 340, which lets the President name a commission to study the condition of socially and educationally backward classes. The commission reported in 1980 and recommended 27 per cent reservation for Other Backward Classes in central government jobs. V. P. Singh's government announced its implementation in 1990, and the Supreme Court upheld it in the Indra Sawhney case of 1992.

Option A is wrong because the Congress set up the first such commission, under Kaka Kalelkar, in 1953. Option B is wrong as the BJP was founded only in 1980. Option D names a regional party that never formed a union government.

Exam tip: first commission - Kaka Kalelkar, 1953; second - B. P. Mandal, 1978.

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, c. The Attorney General of India is dealt with in Article 76, which falls in Part V of the Constitution, the part on the Union, and not in Part XIII. Part XIII carries Articles 301 to 307 on trade, commerce and intercourse within the territory of India, so the pairing in c is the mismatched one. The Attorney General is appointed by the President, must be qualified to be a Supreme Court judge, is the first law officer of the country and has the right to speak in both Houses without a vote. Option A is wrong because the Fundamental Duties in Article 51A really are in Part IV A, added by the 42nd Amendment. Option B is wrong because Part VI, Articles 152 to 237, does cover the States. Option D is wrong because Part XIV, Articles 308 to 323, does cover services under the Union and the States. Exam tip: Attorney General Article 76, Part V; Advocate General Article 165, Part VI.

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 C, Residuary powers in the Centre – Canadian Constitution. The makers of the Constitution took the scheme of a federation with a strong centre from Canada, and with it the rule that subjects not listed in any of the three lists stay with the Union; Article 248 and entry 97 of the Union List carry that rule. The appointment of state Governors by the centre and the advisory jurisdiction of the Supreme Court come from the same source. Option A is wrong because the Directive Principles were borrowed from the Irish constitution; Australia gave the Concurrent List, freedom of trade and commerce, and the joint sitting of the two Houses. Option B names the American constitution for the federal system, whereas from the United States came fundamental rights, judicial review, an independent judiciary and the impeachment procedure. Option D is wrong because fundamental duties were taken from the constitution of the erstwhile USSR. Exam tip: Canada for residuary powers, Ireland for Directive Principles, USSR for duties.

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 D, Governor of the State. Article 234 of the Constitution says that appointments of persons other than district judges to the judicial service of a state are made by the Governor, following rules framed after consulting the State Public Service Commission and the High Court of that state. District judges are covered separately by Article 233, and they too are appointed by the Governor, but in consultation with the High Court. Once these officers are in service, Article 235 places their posting, promotion and leave under the control of the High Court, which is how the subordinate judiciary is kept independent. Option A is wrong because the High Court as a body is consulted, but the Chief Justice does not make the appointment. Option B is wrong because the Prime Minister has no role at all in state judicial services. Option C is wrong because the President appoints judges of the Supreme Court and the High Courts under Articles 124 and 217. Exam tip: 233 district judges, 234 other judicial officers, 235 High Court control.

The correct answer is A, Block-level body. The Panchayat Samiti is the middle tier of Panchayati Raj and works at the block level. The 73rd Amendment of 1992 made a three-tier system part of the Constitution: the Gram Panchayat at the village level, the Panchayat Samiti at the intermediate or block level, and the Zila Parishad at the district level. Article 243B lets a State skip the middle tier only if its population is below 20 lakh. The three-tier idea came from the Balwant Rai Mehta Committee of 1957, and Rajasthan was the first State to adopt it, at Nagaur on 2 October 1959. Option B is wrong because the district-level body is the Zila Parishad. Option C is wrong because the Gram Panchayat is the lowest tier, formed for a village or a group of villages. Option D is wrong because the Panchayat Samiti works at only one level, the block. Exam tip: village is Gram Panchayat, block is Panchayat Samiti, district is Zila Parishad.

The correct answer is D, National Commission for Scheduled Tribes. The Eighty-ninth Amendment Act, 2003 split the old joint commission for Scheduled Castes and Scheduled Tribes into two separate bodies. It left the National Commission for Scheduled Castes under Article 338 and inserted a new Article 338A for the National Commission for Scheduled Tribes, which began work on 19 February 2004. Each commission has a chairperson, a vice-chairperson and three other members appointed by the President, and each places its report before Parliament. Option A is wrong because the Competition Commission of India was set up under the Competition Act, 2002 and is a statutory, not a constitutional, body. Option B is wrong because the National Commission for Backward Classes became a constitutional body only through the 102nd Amendment, 2018, which added Article 338B. Option C is wrong because the National Commission for Women rests on an Act of 1990 and remains statutory. Exam tip: Article 338 SCs, 338A STs, 338B backward classes.

The correct answer is A, 70 dB hearing loss in both ears. The Rights of Persons with Disabilities Act, 2016 defines a deaf person in its schedule as one having 70 dB hearing loss in speech frequencies in both ears. A person with 60 to 70 dB loss in speech frequencies in both ears falls in the separate category of hard of hearing, so the two definitions must be read together. The Act replaced the Persons with Disabilities Act of 1995, widened the list of recognised disabilities from seven to twenty-one, and reserved four per cent of government posts for persons with benchmark disability. Options B and C set the bar higher than the schedule does; at 80 or 90 dB many deaf persons would fall outside the definition and lose the benefits the Act gives. Option D, 60 dB, is the lower end of the hard of hearing band, not deafness. Exam tip: 60 to 70 dB is hard of hearing, 70 dB and above is deaf.

The correct answer is Prime Minister's duty regarding keeping the President informed about the government's decisions and policies. Article 78 makes it the duty of the Prime Minister to communicate to the President all decisions of the Council of Ministers relating to the administration of the Union and proposals for legislation; to furnish such information about them as the President may call for; and, if the President so requires, to submit for the Council's consideration any matter on which a minister has decided but which the Council has not considered.

The other options are close enough to confuse. The President's power to send messages to Parliament is in Article 86. Emergency powers are in Part XVIII, Articles 352 to 360. Option C describes the effect of Article 78 from the President's side, but the Article is framed as a duty of the Prime Minister, which is what the question asks. Article 78 is what makes the Prime Minister the link between the President and the Council of Ministers.

The correct answer is 6 consecutive months. Article 75(5) says a minister who for any period of six consecutive months is not a member of either House of Parliament shall, at the end of that period, cease to be a minister. So a person can be appointed a minister, or even Prime Minister, without being an MP, but must win a seat in the Lok Sabha or the Rajya Sabha within six months. P.V. Narasimha Rao became Prime Minister in 1991 this way and then won a Lok Sabha by-election.

The other durations are made up, and three months is the most tempting because people half-remember the "three months" in other rules. The same six-month rule applies in the States under Article 164(4): a Chief Minister or State minister who is not a member of the State legislature must become one within six months. The rule lets a government bring in talent from outside politics, but only for a limited time, after which the minister must face the voters or be chosen by a legislature.