Indian Polity Mixed Quiz: Set 3

The correct answer is Dr Sachchidananda Sinha. When the Constituent Assembly met for the first time on 9 December 1946, Sinha, its oldest member, was made the temporary President, following the French practice of letting the senior-most member preside until a regular head is chosen.

Dr Rajendra Prasad is the classic trap: he was elected the permanent President of the Assembly on 11 December 1946, two days after the first sitting, so he did not preside over the first meeting. Jawaharlal Nehru's best-known role in the Assembly was moving the Objectives Resolution on 13 December 1946 and chairing committees such as the Union Powers Committee. G.V. Mavalankar presided when the Assembly sat as the Dominion Legislature, the country's first Parliament, not when it met to frame the Constitution. Keep the three offices apart: temporary President Sinha, President Prasad, and Mavalankar for the legislative sittings.

The correct answer is A, 243ZD. Article 243ZD was inserted by the 74th Constitutional Amendment Act of 1992, which added Part IX-A on Municipalities. It requires every state to set up a District Planning Committee in each district to consolidate the plans prepared by the panchayats and the municipalities of the district and to prepare a draft development plan for the district as a whole. At least four-fifths of its members must be elected by and from among the elected members of the district panchayat and the municipalities in the district, in proportion to the rural and urban population, and the chairperson forwards the plan to the state government. B, Article 243ZB, applies the provisions of Part IX-A to Union Territories. C, Article 243ZE, provides for a Metropolitan Planning Committee in every metropolitan area with a population of ten lakh or more. D, Article 243ZC, says that Part IX-A does not apply to the Scheduled Areas and tribal areas under Article 244. Exam tip: remember the run 243ZD district planning, 243ZE metropolitan planning, and that both came with the 74th Amendment of 1992.

The correct answer is Socialist. The 42nd Constitutional Amendment Act, 1976 added three words to the Preamble: "Socialist" and "Secular" to the description of India, and "Integrity" to the phrase "unity and integrity of the Nation". It is the only amendment ever made to the Preamble.

Democratic, Republic and Sovereign were all in the Preamble from the start: as adopted on 26 November 1949, it described India as a "sovereign democratic republic". That is why they are wrong here. Questions on this amendment come in several forms: which word was added, which word was not added, or how many words were added. Keep all three in mind together: Socialist, Secular and Integrity, added in 1976. A related fact worth linking is the Kesavananda Bharati case of 1973, which had held three years earlier that the Preamble is part of the Constitution and can be amended without changing its basic features.

The correct answer is A, 1951. The Constitution (First Amendment) Act was passed by the provisional Parliament in June 1951, barely seventeen months after the Constitution came into force. Nehru's government brought it mainly to protect land-reform laws from court challenges and to allow reasonable restrictions on free speech. It added the Ninth Schedule along with Articles 31A and 31B, put new grounds such as public order in Article 19(2), and inserted Article 15(4) so the state could make special provisions for socially and educationally backward classes after the Champakam Dorairajan case. D is wrong because in 1950 the Constitution had only just come into force on 26 January and no amendment had been made. C is wrong because 1952 is the year of the first general elections and the first Lok Sabha. B is wrong because 1953 saw the creation of Andhra State, not the first amendment. Exam tip: Constitution enforced 1950, first amended 1951 (Ninth Schedule), first elections 1952.

The correct answer is Article 12. Most Fundamental Rights are claims against the State, so whoever counts as the "State" is bound by them. Article 12 defines the State for Part III to include the Government and Parliament of India, the government and legislature of each State, and all local or other authorities within the territory of India or under the control of the Government of India. Local authorities include bodies such as municipalities and panchayats.

The question's point about judicial decisions refers to the words "other authorities". Courts have read them widely, holding that statutory and government-controlled bodies, such as the Life Insurance Corporation and the Oil and Natural Gas Commission, are also the State for this purpose. Article 13 is the tempting wrong answer because it sits right next door: it makes laws inconsistent with Fundamental Rights void and is the base of judicial review. Article 14 guarantees equality before law and Article 15 forbids discrimination. A simple way to separate them: Article 12 answers "against whom are the rights enforced?" and Article 13 answers "what happens to a law that violates them?"

The correct answer is C, 61st Amendment. The Constitution (Sixty-first Amendment) Act, 1988 changed Article 326, which provides for elections to the Lok Sabha and the State Legislative Assemblies on the basis of adult suffrage, and lowered the voting age from 21 to 18 years. It was passed under Prime Minister Rajiv Gandhi and came into force in March 1989, so the Lok Sabha election of 1989 was the first in which 18-year-olds could vote. The aim was to give young people, a large part of the population, a voice in choosing governments. Option A is wrong because the 66th Amendment (1990) added more land reform laws to the Ninth Schedule. Option B is wrong because the 62nd Amendment (1989) extended the reservation of seats for Scheduled Castes and Scheduled Tribes in legislatures for another ten years. Option D is wrong because the 63rd Amendment (1989) repealed the special emergency provisions for Punjab added by the 59th Amendment. Exam tip: 61st Amendment, 1988, Article 326, voting age 21 to 18.

The correct answer is Article 39(d). Article 39 lists several principles the State should direct its policy towards, and clause (d) asks it to secure equal pay for equal work for both men and women. Parliament gave effect to it through the Equal Remuneration Act, 1976, whose provisions are now part of the Code on Wages, 2019, and the Supreme Court has also treated equal pay for equal work as flowing from Articles 14 and 16.

The other options are real Directive Principles on related subjects, which is why they mislead. Article 39(a) is about an adequate means of livelihood for all citizens, men and women equally. Article 42 asks for just and humane conditions of work and maternity relief. Article 43 is about a living wage and a decent standard of life for workers. A good way to separate them: 39(a) livelihood, 39(d) equal pay, 42 working conditions and maternity, 43 living wage.

The correct answer is A, Article 11. Part II of the Constitution, Articles 5 to 11, deals with citizenship. Articles 5 to 10 only settled who was a citizen when the Constitution commenced on 26 January 1950; Article 11 then hands the whole subject to Parliament, giving it full power to make any law on acquisition and termination of citizenship. Using this power Parliament passed the Citizenship Act 1955, which lists five ways of acquiring citizenship: birth, descent, registration, naturalisation and incorporation of territory. India provides single citizenship, and citizenship is a Union List subject (Entry 17). Option B is wrong because Article 5 defines citizenship at the commencement of the Constitution by domicile. Option C is wrong because Article 8 covers persons of Indian origin living outside India. Option D is wrong because Article 6 covers migrants who came from Pakistan. Exam tip: Articles 5 to 10 = who was a citizen in 1950, Article 11 = Parliament's power, Citizenship Act = 1955.

The correct answer is D, Article 72. This Article gives the President the power to grant pardons, reprieves, respites or remissions of punishment, and to suspend, remit or commute a sentence. It applies in three cases: punishment by a court martial, an offence against a law made by the Union, and every sentence of death. The President alone can pardon a death sentence; the Governor, whose similar power is in Article 161, cannot. The five words to remember are pardon (wipes out the conviction), commutation (lighter kind of punishment), remission (shorter period), respite (lesser sentence for a special reason such as pregnancy) and reprieve (temporary stay). A is wrong because Article 55 describes the manner of electing the President. B is wrong because Article 81 gives the composition of the Lok Sabha. C is wrong because Article 63 says there shall be a Vice-President of India. Exam tip: pardon power is 72 for the President and 161 for the Governor; only the President can pardon a death sentence or a court-martial sentence.

The correct answer is C, 30 May 1987. Goa became a full state on 30 May 1987 through the Constitution (56th Amendment) Act and the Goa, Daman and Diu Reorganisation Act, and the day is celebrated every year as Goa Statehood Day. Goa had been freed from Portuguese rule on 19 December 1961 in Operation Vijay and was then run as the Union Territory of Goa, Daman and Diu. In 1987 Goa was separated and raised to statehood, while Daman and Diu stayed a union territory; Konkani was made the official language and Panaji the capital. Earlier the same year, on 20 February 1987, Mizoram and Arunachal Pradesh had become the 23rd and 24th states, so Goa took the 25th place. B is wrong because in 1986 Goa was still a union territory. D and A are wrong because by 1988 and 1990 Goa had already been a state for one and three years. Exam tip: liberated 1961, state 30 May 1987, 25th state after Mizoram (23rd) and Arunachal Pradesh (24th).

The correct answer is C, Article 74. Article 74 says there shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President, who shall act according to that advice. The words making the advice binding were added by the 42nd Amendment of 1976. The 44th Amendment of 1978 let the President send the advice back once for reconsideration, but the President must accept the advice given after that. Courts cannot inquire into what advice the ministers gave. Article 75 deals with the appointment of the Prime Minister and other ministers, and Article 78 with the Prime Minister's duty to keep the President informed. A is wrong because Article 70 covers the President's functions in other contingencies. B is wrong because Article 50 is a Directive Principle on separating the judiciary from the executive. D is wrong because Article 84 lays down the qualifications for membership of Parliament. Exam tip: Art 52 = President, Art 63 = Vice-President, Art 74 = Council of Ministers to advise the President, Art 75 = appointment of PM and ministers, Art 78 = PM's duties.

The correct answer is B, Tenth Schedule. The Tenth Schedule, popularly called the anti-defection law, was added by the 52nd Constitutional Amendment Act of 1985. It disqualifies a member of Parliament or a state legislature who voluntarily gives up the membership of his party or who votes, or abstains from voting, against the direction of the party whip without permission; an independent member is disqualified if he joins a party. The presiding officer, the Speaker or the Chairman, decides the question, subject to judicial review after the Kihoto Hollohan case of 1992. The 91st Amendment of 2003 removed the protection for a one-third split, and now only a merger backed by two-thirds of a legislature party is allowed. A, the Ninth Schedule, added by the First Amendment of 1951, protects listed laws, mainly on land reform, from court challenge. C, the Eleventh Schedule, lists the 29 subjects of the panchayats under the 73rd Amendment. D, the Sixth Schedule, deals with the administration of tribal areas in Assam, Meghalaya, Tripura and Mizoram. Exam tip: Tenth Schedule means anti-defection, 52nd Amendment of 1985, tightened by the 91st Amendment of 2003.

The correct answer is B, Article 89. Article 89 covers the Chairman and Deputy Chairman of the Council of States. Clause (1) makes the Vice-President of India the ex officio Chairman of the Rajya Sabha, and clause (2) says the Council shall choose one of its own members as Deputy Chairman, and choose another whenever that office falls vacant. Article 90 deals with the Deputy Chairman's vacation of office, resignation and removal, and Article 93 is the matching provision for the Speaker and Deputy Speaker of the Lok Sabha. The point setters test is that the Chairman is not a member of the House while the Deputy Chairman always is. Option A is wrong because Article 14 guarantees equality before the law. Option C is wrong because Article 377 is a transitional provision about the Comptroller and Auditor-General. Option D is wrong because Article 370 dealt with the special status of Jammu and Kashmir. Exam tip: 89 = Rajya Sabha Chairman and Deputy Chairman, 93 = Lok Sabha Speaker and Deputy Speaker.

The correct answer is B, Article 279A. It empowers the President to constitute the Goods and Services Tax Council, a joint forum of the Centre and the States. The Article was inserted by the Constitution (One Hundred and First Amendment) Act, 2016, the same amendment that brought GST, and the Council was set up in September 2016. The Union Finance Minister is its Chairperson, the Union Minister of State for Finance and the finance or taxation ministers of all States are its members, and decisions need a three-fourths weighted majority in which the Centre holds one-third of the votes and the States together two-thirds. A, Article 246A, gives Parliament and the State legislatures the power to make laws on GST. C, Article 269A, deals with the levy and collection of GST on inter-State trade, that is, IGST. D, Article 323A, provides for administrative tribunals and has nothing to do with tax. Exam tip: 246A power to tax, 269A inter-State GST, 279A GST Council; all three came with the 101st Amendment.

The correct answer is C, 7th Constitutional Amendment Act. The 7th Amendment of 1956 allowed Parliament to set up a common High Court for two or more states, or for states and a union territory, a power now found in Article 231. It was the amendment that gave effect to the reorganisation of states on a linguistic basis: it abolished the old Part A, B, C and D classes of states and replaced them with states and union territories. Common High Courts still work today; for example, the Gauhati High Court serves Assam, Nagaland, Mizoram and Arunachal Pradesh, and the Punjab and Haryana High Court sits at Chandigarh. A is wrong because the 6th Amendment of 1956 dealt with taxes on the inter-state sale of goods. B is wrong because the 8th Amendment of 1960 extended the reservation of seats for SCs, STs and Anglo-Indians. D is wrong because the 9th Amendment of 1960 gave effect to the transfer of Berubari to Pakistan under the Nehru–Noon agreement. Exam tip: 7th Amendment 1956 = states reorganised + common High Court (Article 231).

The correct answer is D, Habeas corpus. It orders the person or authority holding someone to produce that person before the court, and if the detention is found unlawful the person is set free. The Latin words mean 'to have the body'. The Supreme Court issues writs under Article 32 and the High Courts under Article 226, and there are five of them: habeas corpus, mandamus, prohibition, certiorari and quo warranto. Habeas corpus is the strongest guard of personal liberty and, unlike most writs, it can be issued against a private person as well as against the State. A is wrong because prohibition is sent by a higher court to a lower court or tribunal to stop it acting beyond its jurisdiction. B is wrong because mandamus, 'we command', orders a public official to perform a legal duty he has failed to do. C is wrong because quo warranto, 'by what authority', asks a person to show his right to hold a public office. Exam tip: illegal detention means habeas corpus; Article 32 for the Supreme Court, Article 226 for the High Courts.

The correct answer is C, Article 243 D. This Article deals with reservation of seats in Panchayats, including the seats for women. Article 243 D, added by the 73rd Amendment Act, 1992, reserves seats for Scheduled Castes and Scheduled Tribes in proportion to their population, and reserves not less than one-third of the total seats for women, counting women's seats inside the SC and ST quota too. The same one-third rule applies to the offices of chairpersons at every level. Many states, Bihar being the first, have raised the women's share to 50 per cent through their own laws. A is wrong, because Article 243 B deals with the constitution of Panchayats at the village, intermediate and district levels. B is wrong, because Article 243 C covers the composition of Panchayats. D is wrong, because Article 243 E fixes the duration of Panchayats at five years. Exam tip: 243 B set up, 243 C composition, 243 D reservation, 243 E five-year term.

The correct answer is C, Right to Property. The 44th Amendment Act, 1978 removed it from the list of Fundamental Rights. Before 1978, property was protected by Article 19(1)(f) and Article 31. The Janata government repealed both and placed a new Article 300A in Part XII, which says no person shall be deprived of his property save by authority of law. So property is now only a constitutional and legal right: a person can go to a High Court under Article 226, but not straight to the Supreme Court under Article 32. A is wrong, because the Right against Exploitation under Articles 23 and 24 still stands as a Fundamental Right. B is wrong, because the Right to Constitutional Remedies under Article 32 remains; Ambedkar called it the heart and soul of the Constitution. D is wrong, because the Right to Education was added, not removed, as Article 21A by the 86th Amendment of 2002. Exam tip: 44th Amendment, 1978, property moved from Articles 19(1)(f) and 31 to Article 300A.

The correct answer is A, Admission or establishment of new states. Article 2 lets Parliament admit into the Union, or establish, new States on such terms and conditions as it thinks fit. Article 2 deals with territory that is outside India, for example Sikkim, which was admitted as a full State by the 36th Amendment in 1975. Article 3, by contrast, works inside India: it lets Parliament form a new State from existing ones, and change their areas, boundaries or names, as happened with Telangana in 2014. Both sit in Part I, Articles 1 to 4, headed 'The Union and its Territory'. Option B is wrong because altering the area of an existing State is a power under Article 3. Option C is wrong because changing the name of an existing State is also Article 3. Option D is wrong because the name and territory of the Union, 'India, that is Bharat, shall be a Union of States', is Article 1. Exam tip: Article 2 = new States from outside, Article 3 = reorganising States inside.

The correct answer is B, Fourth Schedule. The Fourth Schedule allots the seats of the Rajya Sabha, the Council of States, among the States and Union Territories. Uttar Pradesh gets the most with 31, followed by Maharashtra with 19 and Tamil Nadu with 18, while small states such as Goa, Sikkim and Mizoram get one seat each. Article 80 fixes the House at not more than 250 members, 12 of them nominated by the President for their work in literature, science, art and social service. Members are elected by the State Legislative Assemblies by proportional representation and serve six years, with one-third retiring every two years. A is wrong because the First Schedule lists the States and Union Territories and their territories. C is wrong because the Third Schedule contains the forms of oaths and affirmations. D is wrong because the Second Schedule gives the salaries and allowances of the President, Governors, judges and other officials. Exam tip: Schedule 1 = States and UTs, Schedule 2 = salaries, Schedule 3 = oaths, Schedule 4 = Rajya Sabha seats.