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ANSWERS & EXPLANATION

GENERAL STUIDES (P) TEST – 2104 (2017)

Q 1.A

Constitutionalism is all about limited government. It means that powers given to the government are not unlimited but they are limited. Fundamental rights act as limitations on the government powers like state must respect citizens' right to express, speech, liberty. If the government did not respect these rights then the aggrieved citizen can approach judiciary for their enforcement. In this context they can act as constraints.

But Directive Principles of state policy cannot act as constraints/limitations on the government because they are not enforceable and they are fundamental to the governance of a country.

Fundamental duties are in fact constraints/limitations on the part of citizens not on the government. Hence fundamental duties do not limit the working of the government.

Q 2.C

Statement 1: incorrect: In the parliamentary form of the government there will not be watertight separation of the powers. Here the executive will be part of the legislature.

Statement 2: correct: It is the most defining feature of the parliamentary form of the government, where executive is answerable to the legislature, unlike presidential form of the government, where excutive is not answerable to the legislature.

Statement 3: incorrect: Parliamentary form of government defines the governing mechanism a state. Division of powers is nothing to do with the parliamentary form of government because division of powers is more to do with the decentralization and autonomy to the states rather than way of defining the governing mechanism itself.

Q 3.A

Writ of Habeas Corpus can be issued against private individuals as well as public authority. While other writs like Mandamus, Prohibition and Certiorari can be issued only against public authorities.

Q 4.C

The preamble has been amended only once so far, in 1976 by the 42nd Amendment Act, which has added three new words - Socialist, Secular and integrity - to the preamble.

Q 5.D

The basic structure doctrine is an evolving concept. It hasn't been defined in the Constitution. Thus, option (a) is incorrect.

The Apex Court has held that the basic structure of the Constitution cannot be abrogated by a constitutional amendment. Thus option (b) is incorrect.

In the Keshavananda Bharti judgement in 1973, the Apex Court judges listed some of the basic features. It includes powers of the Supreme Court under Articles 32, 136, 141 and 142. Thus, option (c) is incorrect.


Q 6.B

Statement 1 is correct- Indian constitution identifies only the persons who became citizens of India at its commencement. It does not deal with the problem of acquisition or loss of citizenship subsequent to its commencement. It empowers the Parliament to enact a law to provide for such matters and any other matter relating to citizenship.

Statement 2 is correct- No person shall be a citizen of India or be deemed to be a citizen of India, if he has voluntarily acquired the citizenship of any foreign state.

Statement 3 is incorrect- Only parliament shall have the power to make any provision with respect to the acquisition and termination of citizenship and all matter related to citizenship.

Q 7.C

The word fundamental suggests that Fundamental rights are so important that the Constitution has separately listed them and made special provision for their protection. They are guaranteed by the fundamental law of the land.

Q 8.B

Statement 1 is correct - The seats in each Province were distributed among the three main communities, Muslims, Sikhs and general, in proportion to their respective populations. Members of each community in the Provincial Legislative Assembly elected their own representatives by the method of proportional representation with single transferable vote.

Statement 2 is incorrect - The method of selection in the case of representatives of Princely States was to be determined by consultation. Total 93 seats allotted to the princely states.

Statement 3 is incorrect - Mahatma Gandhi and M A Jinnah, these two personalities were not the part of the constituent assembly.

Q 9.A

Article 25 accords the Right to propagate one's own religious belief. But it does not include a right to convert another person to one's own religion. Forcible conversions amounts to violation of one's freedom of conscience'.

Q 10.A

Unlike the constitutional symmetry of American federalism, Indian federalism has been asymmetric. By introducing the articles concerning Jammu and Kashmir ( Art. 370) and the North-East (Art. 371), the Indian Constitution anticipates the very important concept of asymmetric federalism.

Q 11.B

Statement 1 is correct as it was added to the Article 39 of DPSP's through the 42nd Amendment Act, 1976.

Statement 2 is not correct as it was a part of Article 39 of the original Constitution. Statement 3 is correct as it was added to the Constitution through the 42nd Amendment Act,1976 , thus

putting a new Article 39A.

Q 12.D

Statement 1 is incorrect.The Constitution originally provided for internal disturbance as a ground for declaration of National Emergency. Later, the 44th Amendment Act replaced the words "internal disturbance" by armed rebellion.

During National Emergency, Article 19 is automatically suspended. However, the other rights are not suspended. Only the enforcement of all other rights mentioned in the

Presidential Order for suspension (except 20 and 21 are suspended) Enforcement of Article 20 and 21 can never be suspended. So, statement 2 is incorrect.


Q 13.A

Statement 1 is correct: He has the right to audience in all courts in the territory of India. He appears on behalf of government of India in all cases in the Supreme Court in which the Government of India is concerned.

Statement 2 is correct: He can be nominated as a member of a committee of the Parliament. He enjoys all the privileges and immunities that are available to a Member of Parliament.

Statement 3 is incorrect: He has right to speak and to take part in the proceedings of both the houses of Parliament or their joint sitting -+but without a right to vote.

Q 14.B

Statement 1 is correct. One of the functions of the commission is to inquire into any violation of human rights or negligence in the prevention of such violation by a public servant, either suo-motu or on a petition presented to it or on an order of court.

Statement 2 is Incorrect. The recommendations of the commission are mainly advisory in nature. It has no power to punish the violators of human rights.

Statement 3 is correct. It has no power to award any relief including monetary relief to the victim.

Q 15.D

Statement 1 is incorrect: Constitution has not prescribed the qualification of the members of Election Commission.

Statement 2 is incorrect: State Election Commission controls election to panchayats and municipalties. Election Commission deals with the elections of state legislature and council.

Statement 3 is incorrect: The chief election commissioner and the two other election commissioners have equal powers and receive equal salary, allowances and other perquisites, which are similar to those of a judge of the Supreme Court. In case of difference of opinion amongst the Chief Election Commissioner and/or two other election commissioners, the matter is decided by the Commission by majority.

Q 16.D

CVC and 2 other vigilance commissioners are appointed by the President by warrant under his hand and seal on the recommendation of a three member committee consisting of the Prime Minister as its head, Union Minister of Home Affairs and the Leader of Opposition in the Lok Sabha (not Rajya Sabha).

Q 17.C

Statement 1 is correct: Salary, allowance and pension of UPSC members are charged on consolidated fund of India. Thus, they are not subject to vote of Parliament.

Statement 2 is incorrect The UPSC chairman can be removed on the grounds and in the manner prescribed in the article 317 of the constitution of India. He/she shall be removed after the President refers the matter to the Supreme Court for an enquiry.

Statement 3 is correct: The chairman or a member of UPSC (after having completed his first term) is not eligible for reappointment to that office (i.e., not eligible for second term).

Q 18.D

The government has made many policies and laws to implement the DPSP's. 1 is correct as article 41 talks about securing the right to work, to education and to public assistance in

cases of unemployment, old age, sickness and disablement. 2 is correct as it is aimed to implement Article 50 which explicitly calls for the separation of judiciary and

the executive. The Criminal Procedure Code (1973) separated the judiciary from the executive in the public services of the state. Thus, the judicial powers vested with the district authorities like Collectors,Tehsildars etc was taken away.

3 is correct as it is aimed to implement Article 48 under the DPSPâ€™s which calls for the modernization of Agriculture and Animal Husbandry.


4 is correct as it is aimed to provide living wages and work opportunities. Article 41 calls for providing Right to work while Article 43 calls for provision of living wages to all workers.

Q 19.D

Option (a) is correct. This act divided the Provincial subjects into two parts- transferred and reserved. Transferred subjects were to be administered by governor with the help of ministers while reserved list was to administered by governor and his executive council. This was termed dual system of governance or Diarchy.

Option (b) is correct. It replaced Indian Legislative Council with Bicameral legislature consisting of two houses. The elections to both the houses were largely by direct elections.

Option (c) is correct. It separated, for the first time, provincial budgets from the Central budget and authorised the provincial legislatures to enact their budgets.

Option (d) is incorrect. The separate electorate for Muslims was introduced in the act of 1909 itself. This provision was extended to Sikhs, Indian Christians, Anglo Indians and Europeans.

Q 20.A

Statement 1 is correct. The establishment of the CBI was recommended by the Santhanam Committee on Prevention of Corruption (1962 -1964).

Statement 2 is incorrect. CBI derives its powers from the Delhi Special Police Establishment Act 1946. Statement 3 is correct. CBI can investigate cases relating to infringement of fiscal and economic laws,

that is, breach of laws concerning export and import control, customs and central excise, income tax etc.

Q 21.C

Option (a) is incorrect as autonomous district created under sixth schedule fall under the executive authority of state.

Option (b) is incorrect as governor is empowered to increase or decrease area of autonomous district. Option (c) is correct. The district and regional councils are empowered to assess and collect land revenue

and to impose certain specified taxes.

Q 22.C

Statement 1 is incorrect: Fundamental rights can be amended by constitution amendment till they do not violate basic structure of the constitution and thus they are not sacrosanct.

Statement 2 is correct: are available against the actions of both State and private individuals. Few Rights like Abolition of Untouchablity etc are available against private citizen also.

Statement 3 is correct: These rights limit the power of Executive and legislature and thus prevents tyranny of executive and legislature.

Q 23.D

State has been defined in a wider sense so as to include all its agencies. It is the actions of these agencies that can be challenged in the courts as violating the Fundamental Rights.

According to the Supreme Court, even a private body or an agency working as an instrument of the State falls within the meaning of the 'State' under Article 12.

DMRC has equal equity participation from GOI and GNCTD. RBI, UID Authority are statutory bodies. NITI aayog performs important public functions like recommending poverty line.

Q 24.D

Statement 1 is correct. The most important function of the constitution is to restrict the exercise of power by the state. Modern states are excessively powerful. They have a monopoly over force and coercion. If the power falls in the wrong hands, state can work against few sections of the society.


Statement 2 is also correct. Constitutions work not only to limit people in power but to empower those who traditionally have been deprived of it. Reasonable restrictions under Article 19.(2) to 19(6) restricts the freedom of the people.

Statement 3 is correct. Nehru during the debates in constituent assembly emphasized on the role of constitution to represent a collective demand for full self -determination.

Q 25.A

1 is part of fundamental duties mentioned in Part IV-A of the Indian constitution. 2 is a part of Directive Principles of State Policy. Swaran Singh committee recommended duty to pay taxes should be included in the fundamental duties

but it was not accepted. Hence, 3 is not a fundamental duty. Casting vote is also not included in the fundamental duties so 4 is also incorrect.

Q 26.D

Statement 1 is incorrect : Article 15 provides that the State shall not discriminate against any citizen on grounds only of religion, race, caste, sex or place of birth. The two crucial words in this provision are 'discrimination' and 'only'. The word 'discrimination' means 'to make an adverse distinction with regard to' or 'to distinguish unfavourably from others'. The use of the word 'only' connotes that discrimination on other grounds is not prohibited.

Statement 2 is incorrect: Such a law can only be passed by parliament and not by any state (Article 16(3))

Q 27.C

Statement 1 is correct. Indian constitution is a sacred document but not a static one. It allows changes if the demand is made by the society. After independence several amendments/provisions and laws were made as the needs of the society.

Statement 2 is also correct. Ever since the constitution came into being, the political class and the judiciary subjected it to multiple interpretations. Judicial pronouncements/ judgements have led to establishment of several doctrine which was not mentioned in the original constitution. Eg - Basic Structure Doctrine.

Q 28.C

1 is incorrect: It covers Right against pre-censorship on newspapers but not movies as movies has to pass through pre-screening and get certificate from CBFC.

2 is correct: Freedom of Press is covered under Freedom of Speech and Expression. 3 is correct: Freedom of speech also means Freedom to remain silent 4 is incorrect: While Right to demonstration and picketing is covered but Right to strike does not come

under this right

Q 29.D

Statement 1 is incorrect. The original constitution did not have fundamental duties. These duties are incorporated in 1976 after the 42nd amendment.

Statement 2 is incorrect. Any changes in the Fundamental duties require amendment of the constitution. The 86th amendment act, 2002 added the 11th fundamental duty.

Q 30.A

Statement 1 is correct: An amendment of the Constitution can be initiated only by the introduction of a bill for the purpose in either House of Parliament. The bill can be introduced either by a minister or by a private member and does not require prior permission of the president.

Statement 2 is correct: In case of a disagreement between the two Houses, there is no provision for holding a joint sitting of the two Houses for the purpose of deliberation and passage of the bill.

Statement 3 is incorrect: The President must give his assent to a constitution amendment bill. He can neither reject nor return the bill for the reconsideration of the parliament.


Q 31.D

Statement 1 is incorrect: This limitation is imposed only on criminal laws and not on civil laws or tax laws. In other words, a civil liability or a tax can be imposed retrospectively.

Statement 2 is incorrect: Protection against self-incrimination does not extend to (i) compulsory production of material objects, (ii) compulsion to give thumb impression, specimen signature, blood specimens, and (iii) compulsory exhibition of the body.

Statement 3 is incorrect: Protection against double jeopardy is available only in proceedings before a court of law or a judicial tribunal. In other words, it is not available in proceedings before departmental or administrative authorities as they are not of judicial nature.

Q 32.C

Statement 1 is correct as expressed in the Article 43 B of the Constitution added after 97th Amendment. Statement 2 is correct as expressed in Article 48 A of the Constitution added after the 42nd Amendment. Statement 3 is not correct as the DPSP's talks of providing health and care for workers and children

under Article 39 of the Constitution but do not mention of free medical facilities. Statement 4 is correct as expressed in Article 48 of the Constitution.

Q 33.A

Statement 1 is correct. All the 3 kinds of emergency require the approval of Parliament once it is proclaimed.

Statement 2 is incorrect.The period of approval for Parliament is 1 month for National Emergency and 2 months for both President's Rule and Financial Emergency.

Statement 3 is incorrect.National emergency remains in operation for 6 months at a time. President's rule is in operation for one year at a time.Financial emergency is in operation indefnitely till

the President revokes it.

Q 34.B

Statement 1 is correct. It made the Governor-General of Bengal as the Governor-General of India and vested in him all civil and military powers. Willim Bentick was the first Governor-General of India.

Statement 2 is incorrect. Macaulay committee on Indian Civil services was based on the Charter Act of 1853.

Statement 3 is correct. This act reduced East India Company to just a administrative body.

Q 35.B

Statement 1 is correct: He submits his audit report to the President and the Governor of the concerned

state. (Art. 151)

Statement 2 is incorrect: Earlier the CAG compiled and maintained the accounts of both centre and

states. In 1976, he was relieved of his responsibilities with regard to the Central Government due to the

separation of accounts from audit, i.e. departmentalisation of accounts. Presently he compiles and

maintains the accounts of states alone. For the centre it is done by accounts department.

Statement 3 is correct: He conduct audit of expenditure on behalf of the Parliament.

Q 36.B

Statement 1 is incorrect as fifth schedule provision extends to scheduled areas of any state except

Assam, Meghalaya, Tripura and Mizoram. Thus 6th schedule deals with the administration of Tribal areas

in these 4 states.

Statement 2 is correct as it is constitutional provision under fifth schedule that after president declares

an area schdule area, such state having scheduled areas has to establish a tribal advisory council to

advise on welfare and advancement of scheduled tribes.


Q 37.B

Statement 1 is correct. Hung assembly is a sound reason for the imposition of President's rule.This was a reccomendation of Supreme Court in the S R Bommai guidelines

Statement 2 is incorrect.This is not a valid ground for imposing Article 356,according to Bommai guidelines of SC.

Statement 3 is correct. Supreme Court ruled that Secularism is a basic feature of the constitution. Hence,it validated the imposition of Article 356 in case a State government pursues anti-secular policies.

Q 38.C

Statement 1 is incorrect: President determines the conditions for service and tenure of office of the Chief Election Commissioner.

Statement 2 is correct: The Chief Election Commissioner can be removed on the grounds and in the manner similar to the judge of High Court or Supreme court as both are same.

Statement 3 is incorrect: Election commission determines the model code of conduct to be observed by the political parties and the candidate at the time of election.

Q 39.D

The Directive Principles, although confer no legal rights and creates no legal remedies, are significant

and useful in the following ways:

They are like an 'Instrument of Instructions' or general recommendations addressed to all authorities in the Indian Union. They remind them of the basic principles of the new social and economic order, which the Constitution aims at building.

They have served as useful beacon-lights to the courts. They have helped the courts in exercising their power of judicial review, that is, the power to determine the constitutional validity of a law.

They form the dominating background to all State action, legislative or executive and also a guide to the courts in some respects.

They amplify the Preamble, which solemnly resolves to secure to all citizens of India justice, liberty, equality and fraternity.

They facilitate stability and continuity in domestic and foreign policies in political, economic and social spheres in spite of the changes of the party in power.

They are supplementary to the fundamental rights of the citizens. They are intended to fill in the vacuum in Part III by providing for social and economic rights.

Their implementation creates a favourable atmosphere for the full and proper enjoyment of the fundamental rights by the citizens. Political democracy, without economic democracy, has no meaning.

They enable the opposition to exercise influence and control over the operations of the government. The Opposition can blame the ruling party on the ground that its activities are opposed to the Directives.

They serve as a crucial test for the performance of the government. The people can examine the policies and programmes of the government in the light of these constitutional declarations.

Q 40.D

Statement 1 is incorrect.The President may issue directions for reduction of the salaries of all class of persons serving the Union including the judges of Supreme court and High Court.

Statement 2 is incorrect. Parliamentary approval with a simple majority is required only for the proclamation of Financial emergency.Parliamentary approval is not required for the revocation.

Q 41.D

Statement 1 is incorrect: UPSC and SPSC are constitutional bodies where as JPSC is statutory body and is created by parliament on the request of the state legislature concerned.

Statement 2 is incorrect: UPSC and JPSC members tender resignation to President, whereas SPSC members tender resignation to governor.


Statement 3 is incorrect: UPSC present its annual performance report to President, whereas SPSC and JPSC present its annual performance report to the Governor of concerned state.

Q 42.C

Statement 1 is correct as the DPSP's are guiding principles for the state to follow. They cannot be implemented without legislation unlike the Fundamental Rights.

Statement 2 is correct because the courts can only uphold the validity of a law on the ground that it was enacted to give effect to a directive principle. They cannot declare a law invalid for violation of DPSPs.

Q 43.B

Statement 1 is incorrect: Parliament determines the qualification and selection procedure for the members of Finance Commission whereas tenure of its members is decided by President.

Statement 2 is incorrect: It provides guidelines for distribution of share of taxes among centre and states only, not for Public Sector Undertakings.

Statement 3 is correct: Each state has to constitute State Finance Commission to allocate revenue to Panchayati Raj institutions.

Q 44.D

Law Commission of India is neither a constitutional nor a statutory body. National Commission for minority and National Commission for Backward Classes are statutory bodies. Constitutional Bodies in India are: Election Commission, Comptroller and Auditor General, Union Public Service Commission State Publice Service Commission Finance Commission Atorney General Advocate General, National Commission for SCs National Commission for STs, National Commission for Linguistic Minority

Q 45.C

Statement 1 is correct: It is a five member body whose appointment is done by President. It constitutes one chairman, one vice chairman and three other members.

Statement 2 is incorrect: It submits annual report to President who place it in parliament along with the memorandum explaining the action taken on the recommendation made by the Commission. The memorandum should also contain the reasons for the non acceptance of any of such recommendation.

The President also forwards any report of the Commission pertaining to a state government to the state governor.

Statement 3 is correct: It has the powers of civil court. It can summon and enforce the attendance of any person from any part of India and examine him on oath. It can request any public record from any court or office.

Q 46.D

The National Commission for the STs can take the following measures: To prevent alienation of tribal people from land and to effectively rehabilitate such people in whose

case alienation has already taken place. To take measure to reduce and ultimately eliminate the practice of shifting cultivation by tribals that

lead to their continuous disempowerment and degradation of land and the environment. To take measure to ensure full implementation of the provisions of Panchayats (Extension to the

Scheduled Areas) Act, 1996.


Q 47.C

Statement 1 is incorrect: Linguistic minority is defined on a state wise basis. It is a group of people whose mother tongue is different from that of the majority in the state or part of a state.

Statement 2 is correct: It is a constitutional body. It was inserted as Art. 350-B in the constitution on the recommendation of State Reorganization Commission (1953-55).

Statement 3 is incorrect: Commissioner for Linguistic Minorities work under the aegis of Ministry of Minority Affairs.

Q 48.C

Statement 1 is correct. An administrator of a UT is considered as an agent of president not the constitutional head of the state like a Governor.

Statement 2 is incorrect as governor who is also administrator of adjoining UT has to act independently of his council of minister in that capacity.

Statement 3 is correct as constitution does not contain any specific provision for administration of acquired territories. But the constitution provision for the administration of UT also applies to any acquired territory.

Q 49.A

Statement (a) is correct because the Constitution makers believed that a State which was elected by

people can hardly ever ignore these ideals. Since there were difficulties owing to the lack of resources,

vastness and diversity of the country, they left it on the wisdom of the people to get these ideals

enforced as laws in due course of time.

Statement (b) is not correct as the DPSP's tried to ensure a welfare state in addition to the Rights already

guaranteed in the FR's.

Statement (c) is not correct because they were aware that it was difficult to implement them at the time

of independence. However, they believed that it will be possible in future.

Statement (d) is not correct as lack of resources was a problem at the time of independence but was

never considered as a problem to be perpetual.

Q 50.D

Statement 1 is incorrect.The State legislative assembly is not suspended although the Parliament

assumes the power to make laws on any subject on the State List.

Laws made by the Parliament become inoperative after 6 months of revocation of National emergency.

Statement 2 is incorrect.

Statement 3 is correct. While a proclamation of national emergency is in operation, the President can

modify the constitutional distribution of revenues between the centre and the states. This means that

the president can either reduce or cancel the transfer of finances from Centre to the states.

Q 51.D

The role of CAG in the auditing of public corporations is limited. Some corporations are totally subjected

to private audit. Their audit is done exclusively by private professional auditors and the CAG does not

come into the picture at all. They submit their annual reports and accounts directly to the Parliament.

Examples of such corporations are Life Insurance Corporation of India, Reserve Bank of India, State Bank

of India, Food Corporation of India, and others.

The secret service expenditure is a limitation on the auditing role of the CAG. In this regard, the CAG

cannot call for particulars of expenditure incurred by the executive agencies, but has to accept a

certificate from the competent administrative authority that the expenditure has been so incurred under

his authority.


Q 52.B

Statement 1 is correct. Indian Councils Act of 1861 empowered Viceroys to issue ordinances without concurrence of the legislative council, during an emergency. The life of such an ordinance was 6 months.

Statement 2 is correct. It made a beginning of representative institutions by associating Indians with the law-making process. It thus provided that the viceroy should nominate some Indians as non-official members of his expanded council. In 1862, Lord Canning, the then viceroy, nominated three Indians to his legislative council-the Raja of Benaras, the Maharaja of Patiala and Sir Dinkar Rao.

Statement 3 is incorrect.

Q 53.C

Apart from the DPSP's mentioned in Part IV of the Constitution, there are certain other provisions of the

Constitution which are in the form of Directive Principles for the state. These directives are the related

to the claims of SC's, ST's to services, instruction in mother tongue and development of Hindi language.

They are also not justiciable as Part IV.

1 is correct as this is under Article 350A, in Part XVII of the Constitution.

2 is correct as this is under Article 335, in Part XVI of the Constitution.

3 is not correct as it is under Article 43A, in Part IV of the Constitution.

Q 54.C

Statement 1 is correct. Article 355 imposes a duty on the centre to ensure that the Govt of every state is carried on in accordance with the provisions of the constitution.

Statement 2 is incorrect. Under Article 356, the President can impose President's rule with or without receiving a report from the governor of the concerned state.

Statement 3 is incorrect. The President can impose the National emergency only after receiving the written consent of the Cabinet ,not the Loksabha. This was added by 44th amendment Act.

Q 55.C

Statement 1 is Incorrect. NHRC is a statutory body and not a constitutional body. It was established in 1993 under a legislation enacted by the parliament, namely, the Prevention of Human Rights Act, 1993.

Statement 2 is Correct. NHRC has its own nucleus of investigation staff for investigation into complaints of human rights violations.

Statement 3 is Correct. The commission is not empowered to inquire into any matter after the expiry of one year from the date on which the act constituting violation of human rights is alleged to have been committed.

Q 56.A

The Supreme Court has held that a religious denomination must satisfy three conditions: It should be a collection of individuals who have a system of beliefs (doctrines), which they regard as

conducive to their spiritual well being. It should have a common organization It should be designated by a distinctive name.

Q 57.C

Statement 1 is correct. The constitution prohibits levying tax for promotion or maintenance of any particular religion. But it does not prohibit putting a fee on any religious services. This is because the purpose of fee is to control secular administration of religious institutions. Hence statement 2 is correct.

Q 58.C

The members from the princely stats were nominated and members from that of British Provinces were elected indirectly from the Provincial Legislative Assemblies, but not directly by the people.


Q 59.D

Statement 1: Correct: It had provision that said, "â€¦â€¦shall be guaranteed and secured to all people of India freedom of thought, expression, beliefâ€¦."

Statement 2: Correct: It had provision that said, "wherein adequate safeguards shall be provided for minorities, backward and tribal areas, and depressed and other backward classâ€¦.."

Statement 3: Correct: It had provision that said, "this ancient land attains its rightful and honoured place in the world and makes its full and willing contribution to the promotion of world peace and the welfare of mankind".

Q 60.D

1 is correct: In addition to making of the constitution, it had performed the function of Legislative Assembly. It enacted the ordinary laws.

2 is correct: It also adopted the national Anthem on January 24, 1950 and national flag on July 22, 1947. 3 is correct: it elected Dr. Rajendra Prasad as the first President of India on January 24, 1950.

Q 61.B

Statement 1: incorrect: Some provisions of the constitution pertaining to Citizenship, elections, provisional parliament etc., came to force on November 26, 1949 itself. January 26, 1950 was referred to as "Date of commencement of the constitution" as the remaining major provisions of the constitution came to force on this date.

Statement 2: correct: With the commence of the constitution, India Independence Act of 1947 and Govt. of India Act of 1935 were repealed because India Independence Act of 1947 itself provided for repeal of any act of British Parliament including India Independence Act of 1947 itself.

Q 62.D

Statement 1 is incorrect as chief minister of Delhi is appointed by president not by lieutenant governor. Statement 2 is incorrect as Assembly can make laws on all matters of state and concurrent list except

three matters of state list public order, police and land. Statement 3 is also incorrect as 69th constitutional amendment act has fixed the strength of council of

minister at 10% of total strength of legislative assembly

Q 63.C

Statement 1: incorrect: The fundamental rights promote the political democracy only. It is the DPSPs which promote social and economic democracy in the country.

Statement 2: incorrect:These rights are not absolute and are subject to reasonable restrictions like public safety, morality, decency etc. For e.g. article 19(2) provides for limitations on article 19(1)(a).

Q 64.C

Both the statements are correct. Using the Constitution amending power, provided under article 368,

parliament can amend any part of the constitution. But, this power is not unlimited as, according to

article 13(2), parliament can not enact any law which takes away or abridges the fundamental rights.

This power is basis of judicial review. This power limits the sovereignty of the Parliament. Article 21

provided for the phrase" procedure established by law", instead of "due process of law". However the SC

in the Maneka Gandhi case declared that Indian judiciary follows 'due process of law' as well, where

court can go beyond the letters of the law.

Q 65.A

Dr Ambedkar called Article 32 as the most important article of the constitution - an article without which this constitution would be nullity. It is the very soul of the Constitution and the very heart of it. Supreme Court also held that Article 32 is a basic feature of the constitution.


Q 66.C

The Chairman and Members hold office for a term of 5 years or until they attain the age of 70 years, whichever is earlier. After their tenure, the Chairman and Members are not eligible for further employment under the central or state government.

The Chairman and members can be removed by the President if he is adjudged insolvent, if he is of unsound mind, takes up paid employment outside the duties of the office. In these cases the President has to refer the matter to the Supreme Court for an inquiry. If the Supreme Court, after the inquiry upholds the cause of removal and advices so, then the President can remove the Chairman or a Member.

Q 67.D

Statement 1: correct: Unlike USA, where it has two sets of constitutions for center and states, India has single constitution for both states and center. The Indian constitution is also flexible unlike the case of a true federation where it will be rigid. This is a centralizing tendency as states boundary can be altered by the center.

Statement 2: correct: The candidates selected for All India services were recruited and trained by the centre but are to be served in the states, which do not have the capacity to 'remove' them.

Statement 3: correct: The governor having many discretionary powers at the state is appointed by the center. This is one of the major centralising tendency.

Q 68.D

Statement 1 is incorrect. In institutions administered by the State but established under any endowment or trust, religious instruction is permitted. (Article 28)

Statement 2 is incorrect. No person attending any educational institution recognized by that state or receiving aid out of the State funds shall be required to attend any religious instruction or worship in that institution without his consent. (Article 28)

Q 69.C

Both Dhar commission and JVP committee rejected language as the basis for reorganisation of states. Fazl Ali commission broadly accepted language as the criteria for reorganisation of states, however it rejected one- language one - state policy.

Q 70.C

Statement 1 is correct. Constitution provides that the right to move Supreme Court for enforcing Fundamental Rights can be curtailed in some circumstances. Therefore President can suspend right to move any court for the enforcement of the fundamental rights during national emergency.

Statement 2 is also correct. Other rights like non-fundamental constitutional rights, statutory rights, customary rights, can't be enforced under Article 32.

Statement 3 is also correct. Parliament can empower any other court to issue directions, orders and writs of all kinds. However this can be done without prejudice to the above powers conferred on the Supreme Court. Here any other court does not include High courts.

Q 71.B

Statement 1 is incorrect - constitution derives its authority from the people of India not from the

constituent assembly, this is mentioned in the preamble part of the constitution.

Statement 2 is incorrect - the American constitution was the first to begin with a Preamble. Many

countries, including India, followed the practice.

Statement 3 is correct - In Keshavananda Bharti case, SC has held that preamble is a part of Constitution.

And if there is any lack of clarity in the constitution, the judiciary turns to the Preamble in its

interpretation of the relevant provisions.


Q 72.D

Prohibition means to forbid. It is issued by a higher court to a lower court or tribunal to prevent latter

from exceeding its jurisdiction. Unlike Mandamus which directs activity, the prohibition directs inactivity.

It can be issued against judicial and quasi-judicial authorities.

Certiorari means to be certified or to be informed. It is issued by higher court to lower court either to

transfer a case pending with the latter to itself or to squash the order of latter in a case. Unlike

prohibition, which is only preventive, certiorari is both preventive as well as curative.

Quo-Warranto enquires into the legality of claim to the office. Unlike the other four writs, this can be

sought by any interested person and not necessarily by the aggrieved.

Q 73.B

Statement 1 is incorrect. Martial law has not been defined anywhere in the Constitution. It is implicit. Also there is no specific or express provision in the Constitution that authorizes the executive to declare Martial Law. However the article 34 provides for the restrictions on fundamental rights while Martial Law is in force in any area.

Statement 2 is correct. Both Martial Law and National Emergency can be imposed in the some specific area. However the scope of National emergency is much more. It can be imposed in the whole country as well.

Q 74.A

Statement 1 is correct. The 44th amendment act of 1978 inserted a new Article 300A in part XII. It

provides that no person shall be deprived of his property except by authority of law. Thus the right to

property remains a constitutional right.

Statement 2 is incorrect. It was 44th Amendment Act not 42nd Amendment Act that abolished Right to

Property as a fundamental right.

Statement 3 is correct. According to 44th Amendment Act, 1978 no person shall be deprived of his

property except by authority of law.

Q 75.C

Statement 1 is correct. Article 1 describes India, that is, Bharat as a â€˜Union of Statesâ€™ which

includes only states not Union Territories. However the territory of India includes not only states but also

Union territories and also any territory that India may acquire in future.

Statement 2 is also correct as states are member of federal system and share a distribution of power

with centre. On the other hand Union territories are directly administered by centre.

Q 76.C

Statement 1 is correct - Sovereign means India is neither a dependency nor a dominion of any other state. There is no authority above it and it is free to conduct its own affairs.

Statement 2 is correct - Being a sovereign state, India can either acquire a foreign territory or cede a part of its territory in favor of a foreign state.

Q 77.D

The Union Territories in India have been created for a variety of reasons. These are mentioned below:

Political and administrative consideration-Delhi and Chandigarh. Cultural distinctiveness-Puducherry, Dadra and Nagar Haveli, and Daman and Diu. Strategic importance-Andaman and Nicobar Islands and Lakshadweep. Special treatment and care of the backward and tribal people-Mizoram, Manipur, Tripura and

Arunachal Pradesh which later became states.


Q 78.A

Statement 1 is correct - In Indian federation, states have no right to secede from the federation. Statement 2 is incorrect - Indian federation is not the result of an agreement among the states like the

American federation

Q 79.B

During the operation of National Emergency, the Centre assumes complete control over the state government although the state government is not suspended. Statement 1 is incorrect.

A National Emergency once proclaimed,has to be approved by both the houses of the Parliament by a Special majority. Statement 2 is correct.

The President can revoke a National Emergency without the Parliament's approval.However,the President must revoke, if the Loksabha passes a resolution by a simple majority.Hence,Statement 3 is correct.

Q 80.D

Some basic structures listed by judges in various judgements:

Supremacy of the Constitution Sovereign, democratic and republican naive of the Indian polity Secular character of the Constitution Separation of powers between the legislature, the executive and the judiciary Federal character of the Constitution Unity and integrity orate nation Welfare state (socio-economic justice) Judicial review Freedom and dignity of the individual Parliamentary system Rule of law Harmony and balance between Fundamental Rights and Directive Principles Principle of equality Free and fair elections Independence of Judiciary Limited power of Parliament to amend the Constitution Effective access to justice Principle of reasonableness Powers of the Supreme Court under Articles 32, 136, 141 and 142

Q 81.A

Statement 1 is correct. Any bill contemplating the changes with regard to reorganisation of states can be introduced in the parliament only with the prior recommendation of the President.

Statements 2 is incorrect. Under article 3 of the Constitution, the parliament's power to diminish the areas of a state does not include the power to cede Indian territory to a foriegn state. Indian territory can be ceded to a foreign state only by amending the Constitution under Article 368.

Statement 3 is incorrect. Any bill aiming to reorganise the states shall be passed in the parliament by a simple majority.

Q 82.A

1 is Incorrect. CIC submits an annual report to the Central Government which places the report before each houses of the parliament.

2 is Incorrect. NHRC submits its annual or special report to the Central Government and to the State Government concerned. These reports are laid before respective legislatures, along with a memorandum of action taken on the recommendations of the commission and the reasons for non-acceptance of any such recommendations.


3 is Correct. Among the given bodies, it is only the CVC which presents its annual report to the President.

Q 83.C

Statement 1 is correct. in India both citizens by birth as well as naturalized citizens are eligible for the office of the President while in USA, only a citizen by birth and not a naturalized citizen is eligible for the office of President.

Statement 2 is correct. Fundamental Duties under the part of IVA to the Indian Constitution are applicable only to Citizens of India not for aliens.

Q 84.D

Statement 1 is incorrect - democracy is of two types - direct and indirect, Referendum, Initiative, Recall and Plebiscite are the four main devices of direct democracy. Representative democracy is also called indirect democracy.

Statement 2 is incorrect - the term 'democratic' is used in the preamble in the broader sense embracing not only the political democracy but also social and economic democracy.

Q 85.C

Statement 1 is correct - When a person renounces his Indian citizenship, every minor child of that person also loses Indian citizenship. However, when such a child attains the age of eighteen, he may resume Indian citizenship.

Statement 2 is correct - Both in the case of 'Renunciation' and 'termination', if such a declaration is made during a war in which India is engaged, its registration can be withheld by the Central Government.

Q 86.D

Statement 1 is incorrect - The Constitution (under Article 15) prohibits discrimination against any citizen on grounds of religion, race, caste, sex or place of birth and not on the ground of residence. This means that the state can provide special benefits or give preference to its residents in matters that do not come within the purview of the rights given by the Constitution to the Indian citizens. For example, a state may offer concession in fees for education to its residents.

Statement 2 is incorrect - tribal people can reside anywhere in the country but outsiders cannot reside in tribal areas. Also in the case of Jammu and Kashmir, the state legislature is empowered to define the persons who are permanent residents of the state.

Q 87.B

In the present case, the SC can issue writ of Mandamus. The writ of Mandamus is a command issued by the court to a public official asking him to perform his official duties that he has failed or refused to perform.

Q 88.B

Statement 1 is incorrect. Indian liberalism is different from classical or western liberalism. Classical liberalism is more concerned towards the individual freedom. While in India, an individual identifies himself with the community to which he/she belongs. So Indian liberalism gives primacy to the rights of the individuals over the demands of social justice and community values.

Statement 2 is correct. The reservation to deprived class to meet their demands for social justice signifies the idea of Indian liberalism.

Q 89.C

Except the Fundamental Rights under the articles 15, 16, 19, 29 and 30 all the Fundamental Rights are available to both citizens and foreign nationals.

Article 14: The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India


This is so because any modern progressive state cannot violate rule of Law for foreigners Article 15: The State shall not discriminate against any citizen on grounds only of religion, race, caste,

sex, place of birth or any of them. Foreigners are deemed to be discriminated in matters of voting rights, property, employment etc. on

factors like place of birth and thus this right cannot be given to foreigners. Article 21(A): The State shall provide free and compulsory education to all children of the age of six to

fourteen years. Article 29: Any section of the citizens residing in the territory of India or any part thereof having a

distinct language, script or culture of its own shall have the right to conserve the same. Q 90.A

The 42nd Constitutional Amendment Act (1976) brought a number of changes in the Constitution. It established the supremacy of Parliament and curtailed the powers of Judiciary. The Act was first of its kind. It was the most comprehensive Act and touched almost all the sensitive areas of the Constitution. The Amendment was meant to enhance enormously the strength of the Government. Statement 1 is correct. This amendment act made changes in the Preamble, Seventh Schedule and

53 articles of the constitution. Statement 2 is incorrect. This act was an attack on the powers of the judiciary. It tried to restrict

review power of judiciary. However it tried to override the Supreme Court ruling in the Kesavananda case not the Minerva Mills Case.

Statement 3 is correct. The Act inter-alia gave preponderance to the Directive Principles of State Policy over the Fundamental Rights.

Q 91.B

Statement 1 is correct: Article 17 states that "Untouchability" is abolished and its practice in any form is forbidden.

Statement 2 is incorrect: Untouchability has not been defined by the constitution but various court judgements has expanded its meaning.

Statement 3 is incorrect: It is available against both the state and private individuals. Protection of Civil Rights Act,1955 contains many provisions for this.

Statement 4 is correct: Article 17 only states that the enforcement of any disability arising out of "Untouchability" shall be an offence punishable in accordance with law. Protection of Civil Rights Act, 1955 contains the detailed provisions for this.

Q 92.D

1 is correct: It provides for the dual system of government, one at the centre and one at the state level. 2 is correct: It requires written constitution, to clearly demarcate the power of centre and state. 3 is correct: It establishes independent judiciary, so as to resolve the disputes between the centre and

state government. Q 93.A

Statement 1 is correct: The Attorney General (AG) is appointed by the president. He must be a person

who is qualified to be appointed a judge of the Supreme Court. In other words, he must be a citizen of

India and he must have been a judge of some high court for five years or an advocate of some high court

for ten years or an eminent jurist, in the opinion of the president.

Statement 2 is incorrect: The Constitution does not contain the procedure and grounds for his removal.

He holds office during the pleasure of the president. This means that he may be removed by the

president at any time. He may also quit his office by submitting his resignation to the president.

Statement 3 is incorrect: Conventionally, he resigns when the government (council of ministers) resigns

or is replaced, as he is appointed on its advice. However, it is not mandatory for him.

Q 94.B

Statement 1 is not correct as it is a part of the Socialist principles but not Gandhian principles. Statement 2 is not correct as it is also a part of Socialist principles.


Statement 3 is correct as Gandhiji had always advocated the self governance model through village Panchayats.

Q 95.C

Statement 1 is incorrect. Formation of new state requires amendment in constitution under article 3 by simple majority and it is not considered as amendment under the article 368.

Both Statement 2 and 3 are correct. Special majority under article 368 required for amendment by parliament is the majority of the total membership of each House and a majority of two-thirds of the members present and voting.

Amendment of the provisions related to federal features of the constitution requires consent of the half of the states along with the special majority.

Q 96.C

The power of Judicial review was borrowed from the United States. All the other pairs are correctly matched.

Q 97.D

Option (a) is incorrect: After Menaka case, SC ruled that Right to Life and Liberty can be deprived by a law provided the procedure prescribed by law is reasonable, fair and just. It is similar to "due process of law" as enshrined under American Constitution. Option (b) is incorrect: Article 20 and 21 can not be suspended even during National emergency. Option (c) is incorrect: Right to Life under article 21 does not provide for euthanasia. It is the Supreme Court which has permitted passive euthanasia in India that too after the matter is referred to High Court.

Q 98.A

Options 1 and 2 are required to be amended by special majority of parliament only. Options 3 and 5 are required to be amended by simple majority of parliament and these amendments

are outside the scope of Article 368. Option 4 is required to be amended by a special majority of parliament and also with the consent of half

of the state legislatures by simple majority.

Q 99.C

Statement 1 is correct. Supreme Court in 1992 stated that Fundamental duties can be used in determining the constitutionality of any law.

Statement 2 is correct. Parliament is free to enforce Fundamental duties through a suitable legislation. Many legislations like the Prevention of Insults to National Honour Act, 1971 make insult to national symbols a punishable act.

Q 100.A

Statement 1: correct: by this act, constituent assembly made fully sovereign body. This act also empowered the assembly to abrogate or alter any law made by the British in relation to India

Statement 2: incorrect: The act abolished the office of viceroy and provided for each dominion, a governor - General.

statement 3: Incorrect: This act ended British Rule in India and declared India as an independent and sovereign state from August 15, 1947. It proclaimed the lapse of British paramountcy over Indian Princely states and granted freedom to princely states to either to join two independent state (Pakistan or India)s or remain independent.

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