Part IV of the Indian Constitution deals with __________.
- A.Directive Principles of State Policy
- B.Human Rights
- C.The Union Judiciary
- D.Parliament
Correct answer
A. Directive Principles of State Policy
Explanation
The correct answer is A, Directive Principles of State Policy. Part IV, Articles 36 to 51, lists the Directive Principles that guide the State in making laws for a welfare state. The idea was borrowed from the Constitution of Ireland, which in turn took it from Spain. These principles cannot be enforced by any court, but Article 37 says they are fundamental to the governance of the country. Examples are equal pay for equal work, a uniform civil code (Article 44), free legal aid (Article 39-A), village panchayats (Article 40) and protection of the environment and wildlife (Article 48-A). B is wrong because the Constitution has no part named Human Rights; the enforceable rights are the Fundamental Rights in Part III. C is wrong because the Union Judiciary, meaning the Supreme Court, comes under Chapter IV of Part V. D is wrong because Parliament is covered by Chapter II of Part V. Exam tip: Part III = Fundamental Rights (enforceable), Part IV = Directive Principles (not enforceable), Part IV-A = Fundamental Duties.
Practice Questions
View allAny dispute between the Government of India and one or more States or between the Government of India and any State or States comes under _______ jurisdiction of the Supreme Court of India.
- A.Advisory
- B.Appellate
- C.Exclusive Original
- D.Writ
Show answer
Correct answer: C. Exclusive Original
Explanation
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 97th Constitutional Amendment Act of 2011 has added a new Directive Principle of State Policy related to:
- A.Maternity Leave
- B.Child Labour
- C.Environment
- D.Cooperative Societies
Show answer
Correct answer: D. Cooperative Societies
Explanation
The correct answer is D, Cooperative Societies. The 97th Constitutional Amendment Act, 2011 added Article 43B, a new Directive Principle asking the State to promote the voluntary formation, autonomous functioning, democratic control and professional management of cooperative societies. The same amendment made forming cooperative societies a Fundamental Right by adding these words to Article 19(1)(c), next to associations and unions. It came into force in February 2012. Option A is wrong because maternity relief was already part of the original Directive Principles in Article 42, which speaks of just and humane conditions of work. Option B is wrong because child labour is dealt with by Article 24, a Fundamental Right, and by Article 39; it was not the subject of the 97th Amendment. Option C is wrong because protection of the environment, Article 48A, was added much earlier by the 42nd Amendment of 1976. Exam tip: the 97th Amendment of 2011 put cooperatives in Article 19(1)(c) and Article 43B.
Under which of the following writs in the Indian Constitution, the court orders a lower court or any other authority to transfer a case pending before it to a higher authority or court?
- A.Prohibition
- B.Mandamus
- C.Quo warranto
- D.Certiorari
Show answer
Correct answer: D. Certiorari
Explanation
The correct answer is D, Certiorari. Certiorari means 'to be certified' or 'to be informed'. By this writ a higher court orders a lower court or tribunal to send up a case pending before it, or quashes an order it has already passed, when there is lack of jurisdiction, excess of jurisdiction or an error of law. The Supreme Court issues writs under Article 32 and the High Courts under Article 226. Prohibition and certiorari look alike, so note the timing: prohibition stops a case while it is still going on, while certiorari can also cancel a decision already made. Option A is wrong because prohibition only forbids a lower court from going beyond its jurisdiction; it does not transfer the case. Option B is wrong because mandamus, 'we command', orders a public official or body to do a duty it has failed to do. Option C is wrong because quo warranto, 'by what authority', asks a person to show his right to hold a public office. Exam tip: Certiorari = send up or quash; Prohibition = stop; Mandamus = do your duty.
______ of the Indian Constitution deals with the administration of Union Territories.
- A.Article 235
- B.Article 239
- C.Article 233
- D.Article 234
Show answer
Correct answer: B. Article 239
Explanation
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 Chief Minister of Delhi is appointed by the __________.
- A.Governor
- B.Lieutenant Governor
- C.Prime Minister
- D.President of India
Show answer
Correct answer: D. President of India
Explanation
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).