Indian Polity Mixed Quiz: Set 4

The correct answer is Dr Rajendra Prasad. Dr Sachchidananda Sinha presided over the first sitting of the Constituent Assembly on 9 December 1946 only as its temporary President. On 11 December 1946 the Assembly elected Dr Rajendra Prasad as its permanent President, and he held that office until the Assembly finished its work. On 24 January 1950, at its last session, the Assembly also elected him the first President of India.

The other names played different parts. Jawaharlal Nehru moved the Objectives Resolution and chaired the Union Powers, Union Constitution and States Committees. Sardar Vallabhbhai Patel chaired the Provincial Constitution Committee and the Advisory Committee on Fundamental Rights and Minorities. Mahatma Gandhi was not a member of the Constituent Assembly at all. Exams like to pair the words "temporary" and "permanent", so fix the sequence: Sinha first, then Prasad two days later.

The correct answer is C, Article 360. Article 360 lets the President proclaim a financial emergency when the financial stability or credit of India, or of any part of it, is threatened. Such a proclamation must be approved by both Houses of Parliament within two months, after which it continues indefinitely until revoked; there is no maximum period. During it the Union can direct states to follow canons of financial propriety, and salaries of government servants, including Supreme Court and High Court judges, can be reduced. No financial emergency has ever been declared in India, though it was discussed during the 1991 crisis. D is wrong because Article 352 is the national emergency on grounds of war, external aggression or armed rebellion, imposed in 1962, 1971 and 1975. A is wrong because Article 356 is President's rule, imposed when a state's constitutional machinery fails. B is wrong because Article 359 only suspends the enforcement of fundamental rights during a national emergency. Exam tip: 352 national, 356 state, 360 financial; only 360 has never been used.

The correct answer is Liberty of thought, expression, belief, faith and worship. These are the exact words the Preamble uses for liberty, and they appear in it just as written here.

Each of the other options changes one word of the real text, which is exactly how this question catches people. The Preamble speaks of fraternity "assuring the dignity of the individual" and the unity and integrity of the Nation, not "human dignity". It promises equality "of status and of opportunity", not of status and employment. And justice in the Preamble is "social, economic and political"; the word "administrative" does not appear. When an option looks almost right, compare it word for word with the text: justice (social, economic, political), liberty (thought, expression, belief, faith, worship), equality (status, opportunity) and fraternity (dignity of the individual, unity and integrity of the Nation).

The correct answer is D, Governor. Article 361 gives this personal immunity to only two offices, the President of India and the Governor of a State. While in office, no criminal proceedings can be started or continued against them, and no court can order their arrest or imprisonment. A civil case about their personal acts can be filed only after giving two months' written notice. The logic is that both are formal heads who act on ministers' advice, so the ministers answer for the decisions. A is wrong because the Chief Minister heads the state government and can be sued or prosecuted like any citizen; he has no protection under Article 361. B is wrong because a Secretary is a civil servant whose official orders can be challenged in court. C is wrong because the Prime Minister, the real head of the Union executive, enjoys no such immunity either. Exam tip: Article 361 protects only the President and the Governors; Prime Minister and Chief Ministers are not covered.

The correct answer is Article 17. Article 17 abolishes untouchability, forbids its practice in any form, and makes the enforcement of any disability arising out of untouchability an offence punishable in accordance with law. To give it effect Parliament passed the Untouchability (Offences) Act, 1955, renamed the Protection of Civil Rights Act in 1976, and later the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Neither the Constitution nor these Acts define the word "untouchability"; courts have read it in its historical sense. The right carries no exceptions and applies against private individuals as well as the State.

The other options are its neighbours in the Right to Equality group, which is why they appear together. Article 14 guarantees equality before law and equal protection of the laws. Article 15 forbids discrimination on grounds only of religion, race, caste, sex or place of birth. Article 16 guarantees equality of opportunity in public employment. Remember the group in order: 14 equality, 15 no discrimination, 16 public jobs, 17 untouchability, 18 titles.

The correct answer is C, Governor. Under Article 171, the Governor nominates one-sixth of the members of a State Legislative Council. These members must have special knowledge or practical experience in literature, science, art, the co-operative movement or social service. The rest are elected: one-third by local bodies, one-third by the members of the Legislative Assembly, one-twelfth by graduates and one-twelfth by teachers. The Council's total strength cannot be more than one-third of the Assembly's strength and not less than 40. A is wrong because the State Election Commissioner conducts elections to panchayats and municipalities and makes no nominations to the Council. B is wrong because the President nominates 12 members to the Rajya Sabha, not to a state Council. D is wrong because the Chief Minister heads the state government, but the Constitution gives the power of nomination to the Governor. Exam tip: Council formula, 1/3 local bodies, 1/3 MLAs, 1/12 graduates, 1/12 teachers and 1/6 nominated by the Governor.

The correct answer is 39A. Article 39A asks the State to ensure that the legal system promotes justice on the basis of equal opportunity, and in particular to provide free legal aid, so that no citizen is denied justice because of economic or other disabilities. It was added by the 42nd Amendment in 1976. Parliament gave effect to it through the Legal Services Authorities Act, 1987, which set up the National Legal Services Authority and legal services bodies in the States and districts.

The other options are the three other Articles with a letter that the 42nd Amendment made famous, and one that does not belong. Article 43A, also added in 1976, is about workers' participation in the management of industries. Article 48A, again from 1976, is about protecting the environment, forests and wildlife. Article 32A was inserted in 1976 but repealed by the 43rd Amendment in 1977, so it no longer exists. A useful memory line: 39A legal aid, 43A workers, 48A environment, all from 1976.

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 A, Vice President. Article 64 makes the Vice President of India the ex-officio Chairman of the Council of States, the Rajya Sabha. Because he chairs a House he is not a member of, he has no ordinary vote and casts only a deciding vote when there is a tie. He draws his salary as Chairman of the Rajya Sabha, not as Vice President, and while he acts as President he stops presiding over the House. The Deputy Chairman, by contrast, is elected by the Rajya Sabha from among its own members under Article 89. B is wrong because the Prime Minister is usually a member of the Lok Sabha and leads the government, not the Rajya Sabha's proceedings. C is wrong because the President is a part of Parliament under Article 79 but is a member of neither House and presides over neither. D is wrong because the Attorney General may speak in either House under Article 88 but cannot vote or preside. Exam tip: Lok Sabha has a Speaker elected by members; Rajya Sabha has the Vice President as ex-officio Chairman.

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 A, Limiting the size of the Council of Ministers. The 91st Amendment Act, 2003 capped the total number of ministers, including the Prime Minister or the Chief Minister, at 15 per cent of the total strength of the Lok Sabha or the state Legislative Assembly. It added clause (1A) to Article 75 for the Union and to Article 164 for the states, and fixed a minimum of 12 ministers in a state. It also barred a member disqualified for defection from holding any ministerial post, and removed the Tenth Schedule exemption for a split by one-third of a party’s members. Option B is wrong because the freeze on seats until the first census after 2026 came through the 84th Amendment of 2001. Option C is wrong because the National Commission for SCs and STs was split into two by the 89th Amendment of 2003. Option D is wrong because option A describes the amendment correctly. Exam tip: 15 per cent ceiling on ministers and a minimum of 12 in a state, both from the 91st Amendment of 2003.

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, Article 84. This is the Article that lists who is qualified to be a member of Parliament. Under Article 84 a person must be a citizen of India, must take an oath before a person authorised by the Election Commission, and must be at least 30 years old for the Rajya Sabha or 25 years old for the Lok Sabha. Parliament can add other qualifications by law, which it did through the Representation of the People Act, 1951. Remember the pair: qualifications are in Article 84, disqualifications are in Article 102. A is wrong because Article 105 deals with the powers and privileges of the Houses and their members. B is wrong because Article 85 covers the sessions of Parliament, prorogation and dissolution. D is wrong because Article 80 gives the composition of the Rajya Sabha. Exam tip: 84 for qualification, 102 for disqualification, 25 years for the Lok Sabha and 30 years for the Rajya Sabha.

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 D, Original Jurisdiction. Under Article 131, only the Supreme Court can hear disputes between the Centre and one or more states, between the Centre and some states on one side and other states on the other, and between two or more states. Such a case starts directly in the Supreme Court instead of coming up from a lower court, which is why it is called original jurisdiction; it is also exclusive, because no High Court can hear it. The dispute must involve a question of law or fact on which a legal right depends, and a private citizen cannot file a suit under this Article. Option A is wrong because appellate jurisdiction covers appeals against judgments of the High Courts and lower courts. Option B is wrong because advisory jurisdiction under Article 143 lets the President seek the Court’s opinion. Option C is wrong because the Constitution names no separate constitutional jurisdiction for such disputes; appeals on constitutional questions fall under appellate jurisdiction in Article 132. Exam tip: Article 131 original, Article 32 writs, Article 143 advisory.

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 B, State Election Commission. The 74th Amendment Act, 1992 gave Municipalities constitutional status and made the State Election Commission responsible for their elections. It added Part IXA (Articles 243P to 243ZG) and the Twelfth Schedule with 18 subjects for urban local bodies. Article 243ZA hands the electoral rolls and the conduct of municipal elections to the same State Election Commission that Article 243K creates for panchayat elections. The State Election Commissioner is appointed by the Governor. The Act came into force on 1 June 1993. A is wrong because there is no constitutional body called a District Election Commission. C is wrong because a Divisional Election Commission also does not exist under the Constitution. D is wrong because the Election Commission of India, under Article 324, conducts elections to Parliament, state legislatures and the offices of President and Vice-President, not to local bodies. Exam tip: 73rd Amendment for panchayats (Part IX), 74th for municipalities (Part IXA), and both are run by the State Election Commission.

The correct answer is B, 42nd. The 42nd Amendment Act, 1976 changed so many parts of the Constitution that it is called the 'Mini Constitution'. It was passed during the Emergency under Indira Gandhi's government on the recommendation of the Swaran Singh Committee. It added the words Socialist, Secular and Integrity to the Preamble, added the Fundamental Duties in Part IVA (Article 51A), and moved five subjects, including education and forests, from the State List to the Concurrent List. A is wrong because the 38th Amendment, 1975 put the President's satisfaction in declaring an Emergency beyond court review. C is wrong because the 40th Amendment, 1976 dealt with laws placed in the Ninth Schedule and with India's maritime zones. D is wrong because the 44th Amendment, 1978 undid many 42nd Amendment changes and removed the Right to Property from the Fundamental Rights. Exam tip: the 42nd (1976) is the Mini Constitution; the 44th (1978) is the correction that followed it.

The correct answer is C, Both (A) and (R) are true but (R) does not explain (A). Both events are real steps in the reorganisation of states on the basis of language, but the division of Punjab in 1966 cannot be the reason for what happened to Bombay six years earlier. The States Reorganisation Act of 1956 redrew state boundaries along linguistic lines, yet the bilingual state of Bombay was left in place. On 1 May 1960 it was split into Maharashtra for Marathi speakers and Gujarat for Gujarati speakers. In 1966 Punjab was divided in the same spirit, giving Punjab to Punjabi speakers and creating Haryana for Haryanvi or Hindi speakers. Option A is wrong because the Assertion about Bombay is correct. Option B is wrong because an event of 1966 cannot explain an event of 1960. Option D is wrong because the Reason about Punjab is also a true statement. Exam tip: Andhra state 1953; States Reorganisation Act 1956; Maharashtra and Gujarat 1960; Haryana 1966.

The correct answer is B, Third Schedule. The Third Schedule of the Constitution gives the forms of oaths or affirmations for important constitutional posts. It covers Union ministers, candidates for election to Parliament, Members of Parliament, judges of the Supreme Court and the Comptroller and Auditor-General, and at the state level ministers, candidates for the legislature, MLAs and High Court judges. The oaths of the President and the Vice-President are not in this Schedule; they are given in Articles 60 and 69. A is wrong because the Eleventh Schedule, added by the 73rd Amendment in 1992, lists the subjects given to Panchayats. C is wrong because the Ninth Schedule, added by the First Amendment in 1951, protects certain land reform and other laws from challenge in court. D is wrong because the First Schedule lists the names of the states and union territories and their territories. Exam tip: 1st = states and UTs, 3rd = oaths, 7th = Union, State and Concurrent Lists, 10th = anti-defection, 11th = Panchayats, 12th = Municipalities.