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Indian PolityMediumAsked in: Uttar Pradesh · UPPSC Civil Service 2019 Official Paper

What is the legal nature of the Preamble of the Constitution?

  1. A.It is enforceable
  2. B.It is not enforceable
  3. C.It may be enforced in special circumstances
  4. D.None of the above

Correct answer

B. It is not enforceable

Explanation

The correct answer is B, It is not enforceable. The Preamble states the aims and the source of authority of the Constitution, but it gives no right and imposes no duty that a court can enforce, so no one can go to court merely on the strength of the Preamble. In the Berubari Union case of 1960 the Supreme Court called it a key to the makers’ minds and held it was not part of the Constitution; in Kesavananda Bharati in 1973 the Court corrected that and held the Preamble is part of the Constitution and can be amended without touching the basic structure, yet it remains non-justiciable. Option A is wrong because courts do not grant relief on the Preamble alone. Option C is wrong because there is no special situation in which it becomes enforceable. Option D is wrong because option B is right. Exam tip: Preamble is part of the Constitution but non-justiciable; amended once, by the 42nd Amendment in 1976.

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Q1.Indian PolityAsked in: SSC CGL · 7 March 2020, Shift 1Easy

In which year was the first amendment to the Constitution of India made?

  1. A.1951
  2. B.1952
  3. C.1950
  4. D.1953
Show answer

Correct answer: A. 1951

Explanation

The correct answer is A, 1951. The Constitution (First Amendment) Act was passed in 1951, a little over a year after the Constitution came into force.

It was enacted by the Provisional Parliament when Jawaharlal Nehru was Prime Minister, before the first general election. The amendment added the Ninth Schedule to protect land reform laws from judicial review, inserted Articles 31A and 31B, allowed the state to make special provision for the advancement of socially and educationally backward classes, and added public order, friendly relations with foreign states and incitement to an offence as grounds for restricting the freedom of speech under Article 19.

B is wrong: 1952 is the year of the first general election, not of the first amendment. C is wrong: 1950 is when the Constitution came into force, on 26 January. D is wrong: the Second and Third Amendments belong to 1952 and 1954.

Exam tip: First Amendment, 1951 - Ninth Schedule, Articles 31A and 31B, new limits on free speech.

Q2.Indian PolityAsked in: SSC CGL · 11 April 2022, Shift 2Easy

The Election Commission of India (ECI) is the watchdog of free and fair elections in the country and _____ of the constitution of India provides for its establishment.

  1. A.Article 356
  2. B.Article 324
  3. C.Article 352
  4. D.Article 101
Show answer

Correct answer: B. Article 324

Explanation

The correct answer is B, Article 324. This article vests the superintendence, direction and control of elections in the Election Commission of India.

Article 324 falls in Part XV of the Constitution, which covers elections. The Commission handles elections to Parliament, to the state legislatures, and to the offices of President and Vice President; elections to panchayats and municipalities are conducted by State Election Commissions under Articles 243K and 243ZA. The Election Commission began as a single-member body on 25 January 1950 and the Chief Election Commissioner and other Election Commissioners hold a fixed tenure fixed by law.

A is wrong: Article 356 provides for President's rule in a state. C is wrong: Article 352 deals with the proclamation of a National Emergency. D is wrong: Article 101 lists the grounds on which a seat in Parliament becomes vacant.

Exam tip: Article 324 - Election Commission; Articles 243K and 243ZA - State Election Commissions.

Q3.Indian PolityAsked in: SSC CGL · 01 Dec 2022, Shift 2Easy

The Vice President of India is elected for a period of _________ years.

  1. A.6
  2. B.5
  3. C.2
  4. D.3
Show answer

Correct answer: B. 5

Explanation

The correct answer is B, 5. The Vice President of India holds office for a term of five years from the date of entering upon the office.

Articles 63 to 71 deal with the Vice President. The Vice President is elected by an electoral college made up of the members of both Houses of Parliament, including the nominated members, by proportional representation through the single transferable vote and by secret ballot. State legislatures take no part, unlike in the President's election. The Vice President is the ex officio Chairman of the Rajya Sabha, may resign by writing to the President, and can be removed by a resolution passed by a majority of all the then members of the Rajya Sabha and agreed to by the Lok Sabha.

A is wrong: six years is the term of a member of the Rajya Sabha. C and D are wrong: two and three years match no term fixed for this office.

Exam tip: President and Vice President both serve five-year terms; Articles 52-62 for the President, 63-71 for the Vice President.

Q4.Indian PolityAsked in: SSC CGL · 17 Jul 2023, Shift 4Easy

The Fundamental Duties of citizens were added to the Constitution of India, upon the recommendations of which of the following committees?

  1. A.Raja Chelliah Committee
  2. B.Santhanam Committee
  3. C.Kelkar Committee
  4. D.Swaran Singh Committee
Show answer

Correct answer: D. Swaran Singh Committee

Explanation

The correct answer is D, Swaran Singh Committee. The Fundamental Duties were added on the recommendation of this committee, set up in 1976.

The Swaran Singh Committee suggested that the Constitution should spell out the duties of citizens alongside their rights. Acting on it, the 42nd Constitutional Amendment Act, 1976 inserted Part IVA with a single article, Article 51A, listing ten Fundamental Duties. An eleventh duty, that a parent or guardian should provide education to a child between six and fourteen years, was added by the 86th Amendment Act, 2002. The duties are not by themselves enforceable in a court.

A is wrong: the Raja Chelliah Committee reported on tax reforms in the early 1990s. B is wrong: the Santhanam Committee of 1962 dealt with prevention of corruption and led to the Central Vigilance Commission. C is wrong: the Kelkar Committee also worked on direct and indirect tax reform.

Exam tip: Swaran Singh Committee to 42nd Amendment, 1976 to Part IVA, Article 51A, ten duties; the eleventh came in 2002.

Q5.Indian PolityAsked in: SSC CGL · 26 Jul 2023, Shift 4Medium

What is the duty of the Chief Minister, as mentioned under Article 167 of the Indian Constitution?

  1. A.Communication of all decisions of the Council of Ministers to the Governor.
  2. B.Appointment and removal of Council of the Ministers.
  3. C.Appointment of the Speaker of the Legislative Assembly.
  4. D.Appointment of Advocate General of the state in consultation with Attorney general.
Show answer

Correct answer: A. Communication of all decisions of the Council of Ministers to the Governor.

Explanation

The correct answer is A, Communication of all decisions of the Council of Ministers to the Governor. Article 167 lists the duties of the Chief Minister towards the Governor.

Under Article 167 the Chief Minister must communicate to the Governor every decision of the Council of Ministers about the administration of the state and about proposals for legislation, must furnish any information on these matters that the Governor calls for, and must place before the Council any matter on which a single Minister has taken a decision but the Council has not considered. It is the state counterpart of Article 78, which lays down the same duties for the Prime Minister towards the President.

B is wrong: Ministers are appointed and removed by the Governor under Article 164, on the Chief Minister's advice. C is wrong: the Speaker is elected by the members of the Legislative Assembly under Article 178. D is wrong: the Advocate General is appointed by the Governor under Article 165.

Exam tip: Article 78 - Prime Minister's duties; Article 167 - Chief Minister's duties.