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Indian PolityEasyAsked in: NDA · NDA-I 2021, GAT

With regard to the Constitution of India, which one of the following statements is not correct ?

  1. A.The words — Socialist and Secular, were not originally part of the Constitution.
  2. B.The Preamble states the objects of the Constitution of India.
  3. C.The Preamble is enforceable in a Court of Law.
  4. D.A Republic refers to the people as the source of all authority under the Constitution.

Correct answer

C. The Preamble is enforceable in a Court of Law.

Explanation

The correct answer is C, the Preamble is enforceable in a Court of Law. This statement is not correct: the Preamble is non-justiciable, so its provisions cannot be enforced in a court.

The Preamble is an introduction that sets out the source of authority ("We, the people of India"), the nature of the state and the objectives of justice, liberty, equality and fraternity. Courts use it to interpret ambiguous provisions, and in the Kesavananda Bharati case (1973) the Supreme Court held that it is part of the Constitution and can be amended, but no one can go to court to enforce it directly. It was amended only once, by the 42nd Amendment of 1976.

A is a correct statement: "Socialist", "Secular" and "Integrity" were added by the 42nd Amendment in 1976. B is a correct statement: the Preamble declares the objectives the Constitution seeks to achieve. D is a correct statement: in a republic the head of state is elected, and all authority flows from the people, not from a hereditary monarch.

Exam tip: Preamble: part of the Constitution (Kesavananda Bharati, 1973), amendable, but not enforceable in court; amended once, 1976.

Practice Questions

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Q1.Indian PolityAsked in: CDS · CDS-II 2016, GKEasy

The right to form associations and unions is a right

  1. A.guaranteed to everybody
  2. B.to freedom guaranteed to citizens only
  3. C.to equality before law
  4. D.to life and personal liberty
Show answer
Correct answer: B. to freedom guaranteed to citizens only

The right to form associations or unions is part of Article 19, and Article 19 rights belong only to citizens of India.

Q2.Indian PolityAsked in: CDS · CDS-II 2016, GKMedium

Which one of the following statements with regard to the National Commission for Scheduled Tribes is not correct?

  1. A.The Union and every State Government shall consult the Commission on all major policy matters affecting Scheduled Tribes.
  2. B.All the reports of the Commission and its recommendations shall be laid only before Lok Sabha.
  3. C.The Commission, while investigating any matter, has all the powers of a Civil Court.
  4. D.The Commission has the power to regulate its own procedures.
Show answer
Correct answer: B. All the reports of the Commission and its recommendations shall be laid only before Lok Sabha.

It is not correct, because the President causes the Commission's reports to be laid before each House of Parliament, not only before the Lok Sabha.

Q3.Indian PolityAsked in: CDS · CDS-II 2016, GKHard

Which of the following statements with regard to the conduct of elections in India is/are not correct? 1. The responsibility for the preparation of the electoral rolls is vested in the Election Commission of India. 2. The Model Code of Conduct comes into existence as soon as the date of the election is announced. 3. The laws relating to delimitation of constituencies are made by the Election Commission of India. 4. No election shall be called in question except by an election petition. Select the correct answer using the code given below.

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

Statement 3 is the only incorrect one, because laws on the delimitation of constituencies are made by Parliament, not by the Election Commission.

Q4.Indian PolityAsked in: CDS · CDS-II 2016, GKMedium

Which one of the following statements with regard to the Ninth Schedule of the Constitution of India is not correct?

  1. A.It was inserted by the Constitution (First Amendment) Act, 1951.
  2. B.The Acts and Regulations specified in the Ninth Schedule shall become void on the ground that it violates a fundamental right in Part III of the Constitution.
  3. C.The Supreme Court has the power of judicial review of an Act included in the Ninth Schedule on the doctrine of basic structure.
  4. D.The appropriate Legislature can repeal or amend an Act specified in the Ninth Schedule.
Show answer
Correct answer: B. The Acts and Regulations specified in the Ninth Schedule shall become void on the ground that it violates a fundamental right in Part III of the Constitution.

It is not correct, because Article 31B says the opposite: an Act placed in the Ninth Schedule shall not become void merely because it is inconsistent with a fundamental right in Part III.

Q5.Indian PolityAsked in: CDS · CDS-II 2016, GKEasy

The Sixth Schedule of the Constitution of India pertains to the administration of tribal areas in which of the following States?

  1. A.Assam, Meghalaya, Tripura and Mizoram
  2. B.Meghalaya, Tripura, Manipur and Mizoram
  3. C.Assam, Manipur, Meghalaya and Tripura
  4. D.Manipur, Meghalaya, Tripura and Arunachal Pradesh
Show answer
Correct answer: A. Assam, Meghalaya, Tripura and Mizoram

The Sixth Schedule covers the administration of tribal areas in exactly these four north-eastern states.