Indian Polity Mixed Quiz: Set 5

The correct answer is Jawaharlal Nehru. Nehru moved the Objectives Resolution in the Constituent Assembly on 13 December 1946, and the Assembly adopted it on 22 January 1947. The resolution set out what the Constitution was meant to achieve: an independent, sovereign republic in which all people would have justice, equality and freedom, with safeguards for minorities and backward classes. Those ideas were later shaped into the Preamble.

Dr Rajendra Prasad was the President of the Assembly and presided over its debates; he did not move this resolution. J.B. Kripalani chaired the Fundamental Rights Sub-Committee. Dr B.R. Ambedkar chaired the Drafting Committee, which was set up only on 29 August 1947, months after the resolution had been adopted. A tidy way to remember the order: Nehru stated the objectives first, and Ambedkar's committee turned them into a draft later.

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 United States of America. The idea of beginning a constitution with a preamble was borrowed from the Constitution of the USA, whose own text opens with the words "We the People". The content of India's Preamble, however, comes from Jawaharlal Nehru's Objectives Resolution, moved in the Constituent Assembly on 13 December 1946 and adopted on 22 January 1947.

The other countries are sources of different parts of the Preamble or of the Constitution. The USSR is the source of the ideal of social, economic and political justice. Britain gave parliamentary government, the rule of law and single citizenship. Canada gave the model of a federation with a strong Centre. Be careful to separate two different questions that look alike: the idea of having a preamble came from the USA, while the ideals of liberty, equality and fraternity written inside it came from the French Revolution.

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 6. Article 19(1) gives every citizen six freedoms: speech and expression; to assemble peaceably and without arms; to form associations, unions or co-operative societies; to move freely throughout India; to reside and settle in any part of India; and to practise any profession or carry on any occupation, trade or business. There were seven when the Constitution began. The seventh, clause (f), the freedom to acquire, hold and dispose of property, was deleted by the 44th Amendment Act, 1978.

The 97th Amendment Act, 2011 added the words "co-operative societies" to clause (c), but that widened an existing freedom rather than creating a new one, so the count is still six. These freedoms belong only to citizens, and none of them is absolute: clauses (2) to (6) of Article 19 let the State impose reasonable restrictions. The wrong options are borrowed from nearby numbers in this topic, Article 13, Article 30 and the 44th Amendment, which is exactly why they look familiar and tempt you.

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.

The correct answer is Organization of village panchayats. Article 40 asks the State to take steps to organise village panchayats and to give them the powers and authority they need to function as units of self-government. It is one of the Gandhian principles, reflecting Gandhi's idea of village self-rule. For decades it remained only a direction, until the 73rd Amendment of 1992 made a three-tier Panchayati Raj system compulsory and added Part IX to the Constitution.

The wrong options borrow from other provisions. Free and compulsory education for children aged six to fourteen is a Fundamental Right under Article 21A, while Article 45 now covers early childhood care below six. Free housing to the poor is not a specific Directive Principle at all. Free medical aid is not named either; public health and nutrition come under Article 47. Remember the link: Article 40 was the seed, and the 73rd Amendment turned it into the Panchayati Raj institutions we have today.

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 C, 3 only. Members of the State Legislative Councils have no vote in the presidential election. Under Article 54, the President is chosen by an electoral college of the elected members of both Houses of Parliament and the elected members of the Legislative Assemblies of the States. The 70th Amendment Act, 1992 added the elected members of the Assemblies of Delhi and Puducherry. Voting follows proportional representation by the single transferable vote, and the ballot is secret. Nominated members of any House and all members of Legislative Councils stay out, though nominated members of Parliament do vote for the Vice-President. Options A and D are wrong because the elected members of the Rajya Sabha and of the State Assemblies are both part of the electoral college. Option B is wrong because it leaves out the elected Assembly members too, when they cast about half of the total vote value. Exam tip: only elected members of Parliament and the Assemblies vote for the President; Council members and nominated members never do.

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 B, President. A bill passed by both Houses of Parliament becomes an Act only when the President gives assent to it, as laid down in Article 111. The President has three choices: give assent, withhold assent, or return the bill (if it is not a Money Bill) to Parliament for reconsideration. If both Houses pass the returned bill again, with or without changes, the President has to give assent. The Constitution fixes no time limit, so this delaying power is often called a 'pocket veto'. For state bills the Governor plays the same role under Article 200. A is wrong because the Law Minister only pilots bills; a minister's approval cannot turn a bill into law. C is wrong because the Supreme Court can strike down a law later but does not approve it before it is made. D is wrong because the Prime Minister heads the government but the formal assent is the President's. Exam tip: Parliament passes, the President assents (Article 111); the Governor assents for states (Article 200).

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, Exclusive Original. Under Article 131, disputes between the Government of India and one or more States, or between States, can be heard only by the Supreme Court and by no other court. Such a case starts directly in the Supreme Court, which is why this is called original jurisdiction, and because no High Court can hear it, it is exclusive. The dispute must involve a legal right, not just a political quarrel. Option A is wrong because advisory jurisdiction under Article 143 is the President seeking the Court's opinion on a question of law or fact. Option B is wrong because appellate jurisdiction, under Articles 132 to 134, covers appeals against the judgments of High Courts. Option D is wrong because writ jurisdiction under Article 32 protects Fundamental Rights, and the High Courts share that power under Article 226. Exam tip: Article 131 original, Articles 132–134 appellate, Article 143 advisory, Article 32 writs.

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 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 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 A, 1st Amendment. It was passed in 1951 to undo court rulings that had used Fundamental Rights to strike down land reform and other laws. Courts had set aside zamindari abolition laws under the right to property, and in Romesh Thappar (1950) had read free speech very widely. The First Amendment Act, 1951 added the Ninth Schedule and Articles 31A and 31B to shield land reform laws, added 'public order', 'friendly relations with foreign States' and 'incitement to an offence' to Article 19(2), and added Article 15(4) for backward classes after the Champakam Dorairajan case. It was passed by the Provisional Parliament under Nehru. Option B is wrong because the 42nd Amendment of 1976 is known for 'socialist', 'secular' and the Fundamental Duties. Option C is wrong because the 44th Amendment of 1978 mainly undid Emergency excesses and removed property from Part III. Option D is wrong because the 86th Amendment of 2002 added Article 21A, the right to education. Exam tip: 1st Amendment, 1951, Ninth Schedule and Article 15(4).

The correct answer is B, Nagaland – Haryana – Sikkim – Arunachal Pradesh. Nagaland became a state on 1 December 1963, carved out of Assam. Haryana followed on 1 November 1966, when the Punjab Reorganisation Act, 1966 divided Punjab on the basis of the Shah Commission's report. Sikkim, until then an Indian protectorate, became the 22nd state through the 36th Amendment Act, 1975, with statehood from 16 May 1975. Arunachal Pradesh, earlier the North-East Frontier Agency and then a Union Territory from 1972, became a state on 20 February 1987, on the same day as Mizoram. Option A is wrong because it places Sikkim and Arunachal Pradesh before Nagaland and Haryana. Option C is wrong because Sikkim (1975) cannot come before Haryana (1966) or Nagaland (1963). Option D is wrong because Arunachal Pradesh (1987) became a state long after both Sikkim and Haryana. Exam tip: 1963 Nagaland, 1966 Haryana, 1975 Sikkim, 1987 Arunachal Pradesh and Mizoram; Haryana Day falls on 1 November.

The correct answer is B, The National Commission for Scheduled Tribes. Article 338A sets up this Commission as a constitutional body. It was inserted by the 89th Amendment Act, 2003, which split the old combined National Commission for Scheduled Castes and Scheduled Tribes into two; the separate ST Commission began work in 2004. It has a Chairperson, a Vice-Chairperson and three members appointed by the President by warrant under his hand and seal, and it reports to the President, who has the report laid before Parliament. An easy hook: the letter A was added when the tribes got a Commission of their own. A is wrong, because the National Commission for Scheduled Castes comes under Article 338. C is wrong, because the National Commission for Backward Classes got constitutional status under Article 338B through the 102nd Amendment, 2018. D is wrong, because the National Commission for Women is a statutory body set up under the National Commission for Women Act, 1990. Exam tip: 338 SC, 338A ST, 338B backward classes; the Women's Commission is only statutory.

The correct answer is A, Article 226. It gives every High Court the power to issue writs within its territory. A High Court can issue the five writs, habeas corpus, mandamus, prohibition, certiorari and quo warranto, not only to enforce Fundamental Rights but also 'for any other purpose', that is, for ordinary legal rights. This makes the writ power of a High Court wider than that of the Supreme Court, which under Article 32 issues writs only for Fundamental Rights. Article 32 is itself a Fundamental Right, while Article 226 is not. B is wrong because Article 246 divides law-making subjects between the Union and the states through the Seventh Schedule. C is wrong because Article 254 settles a clash between a central law and a state law on a Concurrent List subject. D is wrong because Article 233 deals with the appointment of district judges. Exam tip: writs by the Supreme Court under Article 32, by High Courts under Article 226, and the High Court's power is the wider one.