Indian Polity Mixed Quiz: Set 9

The correct answer is 2 years, 11 months and 18 days. The Assembly first met on 9 December 1946 and completed its work when the Constitution was adopted on 26 November 1949. In that time it held 11 sessions spread over 165 days, of which 114 days were spent considering the Draft Constitution. The total cost came to about ₹64 lakh.

The other options are built to look close. 1 year, 11 months and 18 days copies the months and days but drops a whole year. 3 years, 2 months and 10 days would carry the work past January 1950, when the Constitution had already come into force. 2 years, 6 months and 20 days is simply too short. A quick check that works in the exam hall: from December 1946 to late November 1949 is just under three years, which leaves only the first option standing.

The correct answer is D, French Revolution. The ideals of liberty, equality and fraternity in the Preamble of the Indian Constitution come from the French Revolution of 1789, whose famous slogan was made of these three words. The makers of the Constitution borrowed from many countries and then shaped the ideas to suit India. From France came these three ideals and the idea of a republic. From the former USSR came the ideals of social, economic and political justice and, later, the Fundamental Duties. Britain gave the parliamentary system and Ireland the Directive Principles. A is wrong because the Russian Revolution of 1917 is linked with the ideal of justice, not with this trio. B is wrong because the Magna Carta of 1215 was an English charter that limited the king's power, and it is linked with the idea of rights in general. C is wrong because the American model gave India its Fundamental Rights, judicial review and an independent judiciary. Exam tip: liberty, equality, fraternity, France; justice, USSR; Directive Principles, Ireland; parliamentary system, Britain.

The correct answer is A guiding principle for interpretation. The Preamble is not enforceable in a court of law: it is neither a source of power for the legislature nor a limit on its powers. Its main legal use is as an aid to interpretation. When the meaning of a provision of the Constitution is unclear, courts look to the Preamble to understand the objectives the framers had in mind.

The other options describe things the Preamble is not. It is not a schedule: the Constitution's schedules are separate lists placed at the end of the text, such as the list of languages. It is not a financial guideline. And it is not an enforceable part of law, which is the most tempting wrong answer: even after the Kesavananda Bharati case (1973) held that the Preamble is a part of the Constitution, it remained non-justiciable. Being part of the Constitution and being enforceable in court are two different things, and this question tests exactly that difference.

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 Article 30. Article 30(1) gives all minorities, whether based on religion or on language, the right to establish and administer educational institutions of their choice. Article 30(2) adds that the State, when giving aid to educational institutions, shall not discriminate against an institution because it is managed by a minority. Together with Article 29, it makes up the Cultural and Educational Rights.

Article 26 is the most tempting wrong answer, because it too speaks of establishing institutions. But Article 26 gives religious denominations the right to establish and maintain institutions for religious and charitable purposes and to manage their own religious affairs; it is about religion, not education. Article 30 is specifically about educational institutions and specifically for minorities. Article 29, by contrast, protects any section of citizens with a distinct language, script or culture, majority or minority. Of the other options, Article 24 bans child labour in hazardous work and Article 32 is the right to constitutional remedies.

The correct answer is C, Article 343. Article 343(1) declares that the official language of the Union shall be Hindi in the Devanagari script, with the international form of Indian numerals for official purposes. Part XVII of the Constitution, Articles 343 to 351, deals with official language. Article 343 allowed English to continue for fifteen years from 1950, and the Official Languages Act of 1963 kept English alongside Hindi after that period. Article 344 provides for a Commission and a Committee of Parliament on official language, and the Eighth Schedule lists the languages recognised by the Constitution. A is wrong because Article 351 is only a directive to promote and develop Hindi. B is wrong because Article 336 gives a special provision for the Anglo-Indian community in certain services. D is wrong because Article 347 lets the President recognise a language spoken by a section of a State's population. Exam tip: Article 343 = Hindi in Devanagari as the official language; Article 351 = directive to develop Hindi; Articles 343 to 351 make up Part XVII.

The correct answer is Eighty-sixth Amendment Act, 2002. Originally Article 45 asked the State to provide free and compulsory education for all children until they reached fourteen, within ten years. The 86th Amendment moved that promise into the Fundamental Rights as Article 21A, covering children aged six to fourteen, and rewrote Article 45 so that it now asks the State to provide early childhood care and education for all children until they complete six years. The same amendment added the Fundamental Duty in Article 51A(k), asking parents to educate their children.

The 42nd Amendment (1976) added Articles 39A, 43A and 48A but did not touch Article 45. The 74th Amendment (1992) created the constitutional framework for municipalities. The 44th Amendment (1978) removed the right to property and added Article 38(2). So when a question pairs "below six years" with an amendment, the answer is the 86th; when it pairs "six to fourteen" with a Fundamental Right, the answer is Article 21A.

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, Article 120 (1). Article 120 fixes the language of Parliament, and its proviso lets the presiding officer allow a member to speak in the mother tongue. Article 120 (1) says that business in Parliament shall be transacted in Hindi or in English. Its proviso adds that the Chairman of the Rajya Sabha or the Speaker of the Lok Sabha may permit any member who cannot express himself properly in Hindi or English to address the House in his mother tongue. Article 210 gives the same power to the presiding officers of State Legislatures, so an MLA in Patna can also be allowed to speak in Maithili or Bhojpuri. Option A is wrong because Article 110 defines a Money Bill. Option B is wrong because Article 122 (2) protects presiding officers from the courts when they regulate the business of the House. Option D is wrong because neither Article 110 nor Article 122 deals with the language of the House. Exam tip: Article 120 is the language of Parliament, Article 210 the language of State Legislatures, and Article 343 the official language of the Union.

The correct answer is D, He is a whole-time counsel for the Government. The Attorney-General is not a full-time government servant and may keep a private practice. He is appointed by the President under Article 76 and holds office during the pleasure of the President, with no term fixed by the Constitution. He is the highest law officer of the country, yet he is not a member of the Union Cabinet. Because he is not a whole-time counsel, the only bar on him is that he must not advise or hold briefs against the Government of India. Option A is a correct statement because Article 88 lets him speak and take part in either House of Parliament, though he cannot vote. Option B is a correct statement because Article 76(3) gives him a right of audience in all courts in India. Option C is a correct statement because Article 76(1) requires the qualifications of a Supreme Court judge. Exam tip: Article 76 creates the office, Article 88 lets him speak in Parliament, and he never gets a vote there.

The correct answer is A, A-I, B-III, C-IV, D-II. The Comptroller and Auditor General (CAG) is covered by a neat run of four articles in Part V of the Constitution. Article 148 creates the office: the President appoints the CAG by warrant under his hand and seal, and the CAG can be removed only in the manner of a Supreme Court judge. Article 149 deals with the duties and powers, which Parliament has spelt out in the CAG (Duties, Powers and Conditions of Service) Act, 1971. Article 150 says the accounts of the Union and the states are kept in the form the President prescribes on the CAG's advice. Article 151 sends the CAG's audit reports on Union accounts to the President, who lays them before Parliament, while reports on a state go to the Governor. Option B is wrong because it puts appointment under Article 151. Option C is wrong because it places appointment under Article 149 and duties under Article 148. Option D is wrong because it swaps appointment and audit reports. Exam tip: 148 appointment, 149 powers, 150 form of accounts, 151 reports.

The correct answer is D, A, B and C. These three provisions keep judges free from pressure by the other organs of government, while the oath given by the President is only a formality. NCERT's Class 8 civics book explains that the legislature and the executive cannot interfere in the work of the judiciary, and judges are not answerable to them. Judges of the Supreme Court serve until 65 and those of High Courts until 62, and they can be removed only through a special process of impeachment, so their tenure is secure. Article 121 bars Parliament from discussing the conduct of a judge, except when a motion for removal is being considered. Statement D is a fact, but a ceremony of oath does not make judges independent. Option A is wrong because it adds statement D and drops C. Option B is wrong because it drops statement B, the fixed tenure. Option C is wrong because it adds statement D, which is not a safeguard. Exam tip: independence means appointment without the legislature, secure tenure, salaries charged on the Consolidated Fund and no debate on a judge's conduct.

The correct answer is C, 371 C – Meghalaya. Article 371C makes special provision for Manipur, not Meghalaya: the President may provide for a committee of the Legislative Assembly made up of members elected from the Hill Areas, and the Governor reports to the President on the administration of those areas. Articles 371 to 371J give such special provisions to twelve states, each added to meet a regional need. Meghalaya has no Article of its own in this series; its tribal areas are run under the Sixth Schedule. Option A is correctly matched because Article 371A protects the religious and social practices, customary law and land ownership of the Nagas of Nagaland. Option B is correctly matched because Article 371B allows a committee of members from the tribal areas in the Assam Assembly. Option D is correctly matched because Article 371D provides for equal opportunities in public jobs and education in Andhra Pradesh, and now covers Telangana as well. Exam tip: 371A Nagaland, 371B Assam, 371C Manipur, 371D Andhra Pradesh.

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 B, Article 239. Article 239 says every Union Territory is administered by the President, acting through an administrator appointed by him with such designation as he thinks fit. That is why some Union Territories, such as Delhi, Ladakh and the Andaman and Nicobar Islands, have a Lieutenant Governor, while others have an Administrator. Article 239 opens Part VIII of the Constitution, which deals with Union Territories. Articles 239A and 239AA, added later, give legislatures to Puducherry and Delhi. Option A is wrong because Article 235 gives the High Court control over subordinate courts. Option C is wrong because Article 233 deals with the appointment of district judges by the Governor in consultation with the High Court. Option D is wrong because Article 234 deals with recruiting persons other than district judges to the judicial service of a state. Exam tip: Part VIII covers Union Territories in Articles 239 to 241, and Article 239AA is the special article for Delhi.

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 D, President of India. Article 239AA(5) of the Constitution says the Chief Minister of Delhi shall be appointed by the President. The other ministers are also appointed by the President, on the advice of the Chief Minister, and they hold office during the pleasure of the President. This is the key difference from a state, where the Governor appoints the Chief Minister under Article 164. Article 239AA was added by the 69th Amendment Act, 1991, which gave Delhi a Legislative Assembly and named it the National Capital Territory. The Council of Ministers in Delhi cannot be larger than 10% of the Assembly's total strength. Option A is wrong because Delhi, being a Union Territory, has no Governor. Option B is wrong because the Lieutenant Governor is the administrator and administers the oath, but does not make the appointment. Option C is wrong because the Prime Minister has no constitutional role in appointing a Chief Minister. Exam tip: a state's Chief Minister is appointed by the Governor (Article 164); Delhi's by the President (Article 239AA).

The correct answer is Ireland. The Directive Principles of State Policy in Part IV of the Constitution were modelled on the Irish Constitution. India also took two other features from Ireland: the nomination of members to the Rajya Sabha and the method of electing the President.

The other countries gave different features. The USSR is the source of the Fundamental Duties and of the ideal of social, economic and political justice in the Preamble. The United States gave the Fundamental Rights, judicial review, the independence of the judiciary and the impeachment of the President. China is not counted among the sources of the Indian Constitution at all. The pair most often confused is Rights and Principles: Fundamental Rights come from the USA, while the Directive Principles come from Ireland. A simple memory hook is "Rights from America, Directions from Ireland".

The correct answer is N.A. Palkhivala. Nani Ardeshir Palkhivala, one of India's most eminent jurists and constitutional lawyers, called the Preamble the "identity card of the Constitution", because it tells us in one sentence what the Constitution is, where its authority comes from and what it sets out to achieve.

The other names are linked to different descriptions, and examiners use them precisely because they sound right. K.M. Munshi, a member of the Drafting Committee, called the Preamble the "political horoscope" of the sovereign democratic republic. Sir Ernest Barker, the British political scientist, described it as the "key-note" of the Constitution. Dr B.R. Ambedkar chaired the Drafting Committee, and his best-known description is of Article 32, which he called the heart and soul of the Constitution. Learn these as pairs, because questions often give the phrase and ask for the person, or the other way round.

The correct answer is Article 32. Speaking in the Constituent Assembly, Dr B.R. Ambedkar said that if he were asked to name the most important Article, one without which the Constitution would be a nullity, he could not refer to any other; it was "the very soul of the Constitution and the very heart of it". His reasoning was simple: a right without a remedy is only words on paper. Article 32 gives every person the right to go directly to the Supreme Court to enforce a Fundamental Right, and this right to a remedy is itself a Fundamental Right. The Supreme Court has held Article 32 to be part of the basic structure, so it cannot be taken away even by an amendment.

The wrong options are Article 4, which says that laws forming or changing States under Articles 2 and 3 are not amendments of the Constitution; Article 28, which bars religious instruction in fully State-funded institutions; and Article 30, on minority educational institutions. Keep this description apart from others: the Preamble is the "identity card" of the Constitution, according to N.A. Palkhivala.