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Indian PolityMediumAsked in: NDA · NDA-I 2022, GAT

Which one of the following is not a Constitutional Commission of India?

  1. A.The National Commission for Scheduled Castes
  2. B.The National Commission for Scheduled Tribes
  3. C.The National Commission for Backward Classes
  4. D.The National Commission for Women

Correct answer

D. The National Commission for Women

Explanation

The correct answer is D, The National Commission for Women. It was set up in 1992 under the National Commission for Women Act, 1990, so it is a statutory body, not a constitutional one.

The other three draw their status from the Constitution itself. The National Commission for Scheduled Castes is provided for in Article 338, and the National Commission for Scheduled Tribes in Article 338A, added by the 89th Amendment in 2003. The National Commission for Backward Classes became a constitutional body under Article 338B through the 102nd Amendment in 2018; earlier it was a statutory body under a 1993 Act.

A is wrong because the SC commission is constitutional under Article 338. B is wrong because the ST commission is constitutional under Article 338A. C is wrong because the backward classes commission has been constitutional under Article 338B since 2018.

Exam tip: Articles 338, 338A and 338B are the SC, ST and backward classes commissions; the women's commission is statutory, from a 1990 Act.

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Q2.Indian PolityAsked in: CDS · CDS-II 2021, GKEasy

The Constitution of India guarantees freedom of speech and expression. But the freedom is subject to certain reasonable restrictions imposed by the State. These restrictions may relate to which of the following ?

1. Defamation

2. Decency or morality

3. Incitement to an offence

Select the correct answer using the code given below :

  1. A.1 only
  2. B.2 and 3 only
  3. C.1 and 3 only
  4. D.1, 2 and 3
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Correct answer: D. 1, 2 and 3

All three are grounds listed in Article 19(2) on which the State may place reasonable restrictions on freedom of speech and expression.

Q3.Indian PolityMedium

Which statement about the doctrine of eclipse is correct?

  1. A.It applies equally to pre-Constitution and post-Constitution laws that violate Fundamental Rights
  2. B.It applies to pre-Constitution laws, which remain dormant and may revive if the constitutional bar is removed
  3. C.It permits a court to strike down only the offending part of a statute
  4. D.It allows a citizen to give up a Fundamental Right voluntarily
Show answer
Correct answer: B. It applies to pre-Constitution laws, which remain dormant and may revive if the constitutional bar is removed

Article 13(1) makes a pre-Constitution law void only to the extent of its inconsistency with the Fundamental Rights, so the Supreme Court in Bhikaji Narain Dhakras, 1955, held that such a law is not erased but merely eclipsed, staying unenforceable until the shadow is lifted, after which it revives.

Q4.Indian PolityHard

The doctrine of prospective overruling was applied for the first time in India in which case?

  1. A.I. C. Golaknath versus State of Punjab, 1967
  2. B.Maneka Gandhi versus Union of India, 1978
  3. C.Indira Sawhney versus Union of India, 1992
  4. D.S. R. Bommai versus Union of India, 1994
Show answer
Correct answer: A. I. C. Golaknath versus State of Punjab, 1967

An eleven judge bench held by six to five that Parliament cannot abridge Fundamental Rights by amendment, but the Court did not want to unsettle the land reform amendments already acted upon, so it declared that its ruling would operate only for the future.

Q5.Indian PolityEasy

The basic structure doctrine was laid down by the Supreme Court in which case?

  1. A.Shankari Prasad versus Union of India, 1951
  2. B.Sajjan Singh versus State of Rajasthan, 1965
  3. C.Kesavananda Bharati versus State of Kerala, 1973
  4. D.Minerva Mills versus Union of India, 1980
Show answer
Correct answer: C. Kesavananda Bharati versus State of Kerala, 1973

A bench of thirteen judges held by a majority of seven to six that Parliament may amend any part of the Constitution under Article 368 but cannot destroy or damage its basic structure or essential features.