Indian Polity Mixed Quiz: Set 7

The correct answer is B.N. Rau. Sir Benegal Narsing Rau was appointed the constitutional (legal) adviser to the Constituent Assembly. He studied the constitutions of other countries and prepared the initial draft of the Constitution, which the Drafting Committee then worked on before publishing its own draft in February 1948.

B.R. Ambedkar is the most likely wrong pick: he chaired the Drafting Committee and steered the Constitution through the Assembly, but he was not the Assembly's adviser. H.V.R. Iyengar served as the Secretary of the Constituent Assembly, an administrative office, and S.N. Mukherjee was its chief draftsman. The distinction the question tests is between the adviser who prepared the first draft (Rau) and the committee chairman who guided the final text (Ambedkar). Questions sometimes use the words "legal adviser" and sometimes "constitutional adviser"; both point to B.N. Rau.

The correct answer is C, The post of the SGI is a constitutional post. It is the one false statement, because the Constitution creates only the Attorney General, not the Solicitor General. Article 76 provides for the Attorney General for India, the chief legal advisor to the Government and the highest law officer. The Solicitor General is the second law officer who assists the Attorney General; the post rests on the Law Officers (Conditions of Service) Rules, 1987, so it is a non-constitutional post. The detail that sticks: only the Attorney General gets an Article number and, under Article 88, the right to speak in both Houses of Parliament. A is a true statement, since the chief legal advisor is the Attorney General, not the SGI. B is true, because the SGI ranks just below the Attorney General as the second law officer. D is true, as the Appointments Committee of the Cabinet appoints the SGI and the Additional Solicitors General. Exam tip: Attorney General, Article 76, constitutional; Solicitor General, no Article, non-constitutional.

The correct answer is the Russian Revolution. The ideal of justice in the Preamble, described as social, economic and political, was inspired by the Russian Revolution of 1917, which is why books often list the former USSR as its source. It sits alongside the three objectives drawn from France.

The French Revolution is the source of liberty, equality and fraternity, the other three objectives, so it is the most tempting wrong answer. The American connection is to the idea of having a preamble at all, taken from the Constitution of the United States, not to the ideal of justice. The Magna Carta is a landmark of English constitutional history but is not the source of anything in the Preamble. A good way to remember the split: of the four objectives, justice points east, to Russia, while liberty, equality and fraternity point west, to France.

The correct answer is C, the Governor of the State. Under Article 316, the Chairman and the other members of a State Public Service Commission are appointed by the Governor. The provisions on public service commissions sit in Part XIV of the Constitution, Articles 315 to 323. A member of a State commission holds office for six years or until the age of 62, whichever comes first. The twist a paper setter loves is removal: although the Governor appoints them, only the President can remove them, under Article 317, and the Governor can only suspend a member while the matter is referred to the Supreme Court. Option A is wrong because the UPSC Chairman has no role in choosing the head of a State commission. Option B is wrong because the President appoints the UPSC Chairman, not the head of the BPSC or any other State commission. Option D is wrong because the Chief Minister only advises; the formal appointment is made by the Governor. Exam tip: appointed by the Governor, removed by the President, term six years or age 62.

The correct answer is 14. Article 24 says that no child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment. Together with Article 23, which bans human trafficking and forced labour, it forms the Right against Exploitation.

The number 14 links several parts of the Constitution, so it is worth tying them together. Article 21A guarantees free and compulsory education from six to fourteen, Article 45 now covers early childhood care below six, and Article 51A(k) makes it a duty of parents to educate children between six and fourteen. Parliament has gone further than Article 24 through the Child Labour (Prohibition and Regulation) Act, 1986: after its 2016 amendment it bars children below 14 from almost all work, with narrow exceptions such as helping a family business after school hours, and bars adolescents aged 14 to 18 from hazardous work. Of the wrong options, 18 tempts the most because it is the age of majority and, since the 61st Amendment of 1988, the voting age.

The correct answer is D, Article 141. It says that the law declared by the Supreme Court shall be binding on all courts within the territory of India. This Article is the constitutional base of the doctrine of precedent: a ruling of the Supreme Court becomes the law for every High Court and lower court until the Supreme Court itself changes it. Note the exact words, because they are lifted straight into exam questions: "law declared", "binding on all courts", "within the territory of India". A, Article 143, is the advisory jurisdiction under which the President may seek the opinion of the Supreme Court. B, Article 142, lets the Court pass any order needed to do complete justice in a case. C, Article 144, directs all civil and judicial authorities to act in aid of the Supreme Court. Exam tip: remember the run 141 binding law, 142 complete justice, 143 advice to the President, 144 authorities act in aid.

The correct answer is Article 43 B. The 97th Amendment Act, 2011 was about co-operative societies, and it touched three Parts of the Constitution. It added "co-operative societies" to the freedom of association in Article 19(1)(c), a Fundamental Right; it inserted Article 43B, a Directive Principle asking the State to promote the voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies; and it added a new Part IXB on co-operative societies.

The other options were all added by the 42nd Amendment in 1976, not by the 97th. Article 48A is about protecting the environment, forests and wildlife; Article 39A is about equal justice and free legal aid; and Article 43A is about the participation of workers in the management of industries. So there are two "43" Articles with letters: 43A for workers (1976) and 43B for co-operatives (2011). Keeping these two apart is what the question really tests.

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, The Estimates Committee. All its 30 members are elected by the Lok Sabha alone, so the Rajya Sabha has no seat on it. The Estimates Committee examines the budget estimates and suggests economies in expenditure, which is why it is called a continuous economy committee. It is the largest financial committee of Parliament; its members are elected every year by proportional representation through the single transferable vote, and a minister cannot be a member. The point that sticks: money matters belong to the Lok Sabha, so the Rajya Sabha is kept out of this one. A is wrong, because the Public Accounts Committee has 22 members, 15 from the Lok Sabha and 7 from the Rajya Sabha. B is wrong, because the Committee on Public Undertakings also has 15 Lok Sabha and 7 Rajya Sabha members. D is wrong, because the committee on SC and ST welfare has 20 Lok Sabha and 10 Rajya Sabha members. Exam tip: Estimates 30, all Lok Sabha; PAC and Public Undertakings, 15 plus 7.

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 D, (A), (B) and (D) only. The ward member, the Panchayat President and the ward councillor are all chosen by voters, but the Secretary is an appointed official. In a village, the Gram Panchayat is made up of ward members, called Panchs, and a President, called the Sarpanch, and all of them are elected by the people. In a town or city, each ward elects a ward councillor to the Municipal Council or Municipal Corporation. The Secretary of the Gram Panchayat, who is also the secretary of the Gram Sabha, is not elected but appointed by the government, and he calls meetings and keeps the records. Option A is wrong because it leaves out the ward councillor, who is also elected. Option B is wrong because it leaves out the Panchayat President. Option C is wrong because it includes the Secretary, who is not elected. Exam tip: Panch, Sarpanch and ward councillor are elected; the Panchayat Secretary and the Municipal Commissioner are appointed.

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 D, If such amendment seeks to make any change in Article 279-A. Article 279A creates the GST Council, and the 101st Amendment of 2016 added it to the proviso to Article 368(2), so changing it needs a special majority of Parliament plus ratification by at least half of the state legislatures. The same federal list covers the election of the President (Articles 54 and 55), the extent of the executive power of the Union and the states, the Supreme Court and the High Courts, the division of legislative powers and the Seventh Schedule lists, the representation of states in Parliament, and Article 368 itself. The logic is simple: what touches the states needs the consent of the states. Option A is wrong because Article 53, on the executive power of the Union, is not in that list. Option B is wrong because Article 239A, on legislatures for certain Union Territories, can be changed by Parliament alone. Option C is wrong because Article 243A, on the Gram Sabha, also needs no ratification by the states. Exam tip: the GST Council of Article 279A came with the 101st Amendment, and changing it needs state ratification.

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, Santhanam Committee. The Committee on Prevention of Corruption (1962-64), headed by K. Santhanam, recommended a central body to keep watch over honesty in government, and the Central Vigilance Commission was set up in February 1964 by an executive resolution of the Union government. For almost four decades it had no law of its own; the Central Vigilance Commission Act, 2003 made it a statutory, multi-member body with a Central Vigilance Commissioner and up to two Vigilance Commissioners. It is not a constitutional body, which is a common trap in exams. Option B is wrong because the committees headed by Vijay Kelkar dealt with tax reform and public finance. Option C is wrong because the Swaran Singh Committee of 1976 recommended adding Fundamental Duties to the Constitution. Option D is wrong because the Bakshi Tek Chand Committee reviewed the working of the anti-corruption law of 1947 soon after independence; it did not lead to the CVC. Exam tip: Santhanam Committee gave the CVC in 1964; statutory status came in 2003.

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 C, Certiorari. Certiorari is called a postmortem because it is issued after a lower court or tribunal has already passed its order, to quash that order. The word means 'to be certified' or 'to be informed'. The Supreme Court issues it under Article 32 and the High Courts under Article 226, when a lower body has acted without jurisdiction, gone beyond its powers or broken the rules of natural justice. Prohibition and certiorari make a neat pair: prohibition stops a case while it is still going on, while certiorari cancels a decision that has already been made. Option A is wrong because prohibition is preventive and is issued before the final order, not after it. Option B is wrong because mandamus, meaning 'we command', orders a public official or body to perform a legal duty. Option D is wrong because quo warranto, meaning 'by what authority', asks a person to show his right to hold a public office. Exam tip: prohibition prevents, certiorari cures, and only certiorari is the postmortem writ.

The correct answer is C, 1 and 3 only. The CAG of India is an auditor who checks spending after it happens; he has no say over money leaving the treasury. He is appointed by the President under Article 148, and his duties are laid down in the CAG (Duties, Powers and Conditions of Service) Act, 1971. He audits all spending from the Consolidated Fund of India and of each State, and also the accounts of bodies substantially financed from Union or State revenues. His reports on Union accounts go to the President under Article 151, who has them laid before Parliament, where the Public Accounts Committee examines them. Statement 2 is wrong because money is drawn from the Consolidated Fund by the executive under an Appropriation Act, and unlike his British counterpart, India's CAG does not control its issue. That rules out options A, B and D, since each of them includes statement 2. Exam tip: India's CAG is an auditor-general rather than a comptroller; he audits, he does not release money.

The correct answer is D, Article 343. Article 343(1) says the official language of the Union shall be Hindi in Devanagari script, and that the international form of Indian numerals shall be used for official purposes. It also allowed English to continue for fifteen years from 1950; the Official Languages Act 1963 then kept English alongside Hindi beyond 1965. Articles 343 to 351 form Part XVII on Official Language, and Hindi Diwas is celebrated on 14 September because the Constituent Assembly adopted Hindi as the official language on that day in 1949. Note that India has no 'national language'; Hindi is the official language of the Union, and the Eighth Schedule lists 22 languages. Option A is wrong because Article 370 gave special status to Jammu and Kashmir. Option B is wrong because Article 51A lists the Fundamental Duties. Option C is wrong because Article 80 is about the composition of the Rajya Sabha. Exam tip: 343 = Hindi in Devanagari, 344 = Official Language Commission, 348 = language of the courts.

The correct answer is C, Repeal of the Indian Independence Act, 1947. Article 395, the last article of the Constitution, repeals the Indian Independence Act, 1947 and the Government of India Act, 1935, along with the laws that amended or added to the 1935 Act. By removing these British laws, the framers made the Constitution the only source of legal authority in India and ended the legal link with the British Parliament. The article makes one exception: the Abolition of Privy Council Jurisdiction Act, 1949 was not repealed. Article 395 sits in Part XXII with Article 393 (short title) and Article 394 (commencement), and it took effect on 26 January 1950. Option A is wrong because the Citizenship Amendment Act, 2019 is an ordinary law made by Parliament, not an article of the Constitution. Option B is wrong because new states are formed under Articles 2 and 3. Option D is wrong because a national emergency is proclaimed under Article 352. Exam tip: Article 395 repeals the Indian Independence Act 1947 and the Government of India Act 1935.