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Question 1 of 5
1. Question
2 points
In the context of the Indian judiciary, consider the following statements:
The decisions of the Supreme Court of India are binding on all courts in the country.
High courts cannot issue writs for the enforcement of fundamental rights.
District courts cannot consider appeals in criminal cases.
Which of the statements given above is/are incorrect?
Correct
Ans: B
Exp: The Constitution of India provides for a single integrated judicial system. This means that, unlike some other federal countries in the world, India does not have separate State courts. The structure of the judiciary in India is pyramidal, with the Supreme Court at the top, the High Courts below them, and district and subordinate courts at the lowest level. The lower courts function under the direct superintendence of the higher courts.
Statement 1 is correct: The Supreme Court is the apex court in the country and its decisions are binding on all other courts of the country.
Statement 2 and 3 are incorrect: See the diagram below.
Incorrect
Ans: B
Exp: The Constitution of India provides for a single integrated judicial system. This means that, unlike some other federal countries in the world, India does not have separate State courts. The structure of the judiciary in India is pyramidal, with the Supreme Court at the top, the High Courts below them, and district and subordinate courts at the lowest level. The lower courts function under the direct superintendence of the higher courts.
Statement 1 is correct: The Supreme Court is the apex court in the country and its decisions are binding on all other courts of the country.
Statement 2 and 3 are incorrect: See the diagram below.
Question 2 of 5
2. Question
2 points
Consider the following statements:
Some provisions of the Constitution are amended by Simple Majority.
Some provisions of the Constitution are amended by a special majority of the two houses of Parliament.
Some provisions of Constitutions are amended by special majority of the Parliament and consent of half of the State legislatures.
How many of the above are correct regarding amendments to the Constitution?
Correct
Ans: C
Exp:
Statement 1 is correct: Some Provisions in the Constitution can be amended by a simple law of Parliament. i.e., a simple majority. No special procedure for amendment is required in such cases. Such provisions include the abolition or creation of legislative councils in states, salaries and allowances of the members of Parliament, privileges of the Parliament, its members and its committees, conferment of more jurisdiction on the Supreme Court, citizenship–acquisition and termination, elections to Parliament and state legislatures, Fifth Schedule – administration of scheduled areas and scheduled tribes; and Sixth Schedule–administration of tribal areas.
Statement 2 is correct: A special majority refers to any majority other than a simple, absolute, and effective majority. It is a majority of two-third members present and voting, along with 50% of the total strength of the House. The provisions that can be amended in this way include Fundamental Rights and Directive Principles of State Policy.
Statement 3 is correct: Some provisions, like the election of the President and its manner,the extent of the executive power of the Union and the states, the Supreme Court and high courts, the distribution of legislative powers between the Union and the states, any of the lists in the Seventh Schedule, the representation of states in Parliament, and the power of Parliament to amend the Constitution and its procedure (Article 368 itself), are amended by a special majority of the Parliament and the consent of half of the State legislatures.
Incorrect
Ans: C
Exp:
Statement 1 is correct: Some Provisions in the Constitution can be amended by a simple law of Parliament. i.e., a simple majority. No special procedure for amendment is required in such cases. Such provisions include the abolition or creation of legislative councils in states, salaries and allowances of the members of Parliament, privileges of the Parliament, its members and its committees, conferment of more jurisdiction on the Supreme Court, citizenship–acquisition and termination, elections to Parliament and state legislatures, Fifth Schedule – administration of scheduled areas and scheduled tribes; and Sixth Schedule–administration of tribal areas.
Statement 2 is correct: A special majority refers to any majority other than a simple, absolute, and effective majority. It is a majority of two-third members present and voting, along with 50% of the total strength of the House. The provisions that can be amended in this way include Fundamental Rights and Directive Principles of State Policy.
Statement 3 is correct: Some provisions, like the election of the President and its manner,the extent of the executive power of the Union and the states, the Supreme Court and high courts, the distribution of legislative powers between the Union and the states, any of the lists in the Seventh Schedule, the representation of states in Parliament, and the power of Parliament to amend the Constitution and its procedure (Article 368 itself), are amended by a special majority of the Parliament and the consent of half of the State legislatures.
Question 3 of 5
3. Question
2 points
Which of the following not only delineates the affirmative actions that the Indian state should undertake but also implies limitations on the state’s involvement?
Correct
Ans: A
Exp:
Option A is correct: Rights not only indicate what the state must do, they also suggest what the state must refrain from doing. The Constitution of India duly recognizes the importance of human rights and guarantees certain Fundamental Rights in Part-III, It includes:
Right of equality,
Right to freedom
Right against exploitation,
Right to freedom of religion, cultural and educational right
The right to constitutional remedies
Article 32 gives the right to constitutional remedy in the form of the original jurisdiction of the Supreme Court of India for the enforcement of these Fundamental Rights.
Option B is incorrect: Directive Principles of State Policy are guidelines and principles in the Indian Constitution that suggest the ideal framework for governance. They are not legally enforceable but serve as a moral and political compass for the state.
Option C is incorrect: The Concurrent List comprises subjects on which both the central and state governments can legislate. It indicates areas of shared jurisdiction. While it defines the extent to which both levels of government can make laws, it doesn’t necessarily prescribe limitations on state action as directly as Fundamental Rights do.
Option D is incorrect: State legislatures have the authority to make laws on subjects mentioned in the State List of the Constitution. These powers outline the legislative scope of state governments within their territories. While they define the areas in which state legislatures can act, they don’t inherently suggest restrictions on state action similar to Fundamental Rights.
Incorrect
Ans: A
Exp:
Option A is correct: Rights not only indicate what the state must do, they also suggest what the state must refrain from doing. The Constitution of India duly recognizes the importance of human rights and guarantees certain Fundamental Rights in Part-III, It includes:
Right of equality,
Right to freedom
Right against exploitation,
Right to freedom of religion, cultural and educational right
The right to constitutional remedies
Article 32 gives the right to constitutional remedy in the form of the original jurisdiction of the Supreme Court of India for the enforcement of these Fundamental Rights.
Option B is incorrect: Directive Principles of State Policy are guidelines and principles in the Indian Constitution that suggest the ideal framework for governance. They are not legally enforceable but serve as a moral and political compass for the state.
Option C is incorrect: The Concurrent List comprises subjects on which both the central and state governments can legislate. It indicates areas of shared jurisdiction. While it defines the extent to which both levels of government can make laws, it doesn’t necessarily prescribe limitations on state action as directly as Fundamental Rights do.
Option D is incorrect: State legislatures have the authority to make laws on subjects mentioned in the State List of the Constitution. These powers outline the legislative scope of state governments within their territories. While they define the areas in which state legislatures can act, they don’t inherently suggest restrictions on state action similar to Fundamental Rights.
Question 4 of 5
4. Question
2 points
Consider the following statement with respect to the 42nd Amendment Act :
Fundamental Duties were included in the Constitution through this amendment.
The duration of the Lok Sabha was extended from five to six years
This act put restrictions on the review powers of the Judiciary.
How many of the above are incorrect?
Correct
Ans: D
Exp:
The 42nd Amendment Act of the Constitution of India, enacted in 1976, was introduced during the period of the Emergency declared in India from 1975 to 1977. Some of the key changes brought about by the 42nd Amendment Act include:
Fundamental Duties: Part IV-A was added to the Constitution, introducing the concept of Fundamental Duties for citizens. These duties emphasise respect for the Constitution, national symbols, and values and encourage citizens to promote harmony, patriotism, and a sense of integrity. Hence, statement 1 is correct .
The duration of the Lok Sabha was extended from five to six years by the 42nd Amendment Act of 1976. Hence, statement 2 is correct.
Judicial Review Limitation: The Amendment curtailed the power of the judiciary to review the validity of laws amending the Constitution. It was intended to limit the judiciary’s ability to challenge Constitutional Amendments, thereby reducing checks on the government’s power. Hence, statement 3 is correct .
Incorrect
Ans: D
Exp:
The 42nd Amendment Act of the Constitution of India, enacted in 1976, was introduced during the period of the Emergency declared in India from 1975 to 1977. Some of the key changes brought about by the 42nd Amendment Act include:
Fundamental Duties: Part IV-A was added to the Constitution, introducing the concept of Fundamental Duties for citizens. These duties emphasise respect for the Constitution, national symbols, and values and encourage citizens to promote harmony, patriotism, and a sense of integrity. Hence, statement 1 is correct .
The duration of the Lok Sabha was extended from five to six years by the 42nd Amendment Act of 1976. Hence, statement 2 is correct.
Judicial Review Limitation: The Amendment curtailed the power of the judiciary to review the validity of laws amending the Constitution. It was intended to limit the judiciary’s ability to challenge Constitutional Amendments, thereby reducing checks on the government’s power. Hence, statement 3 is correct .
Question 5 of 5
5. Question
2 points
With reference to the division of powers between the levels of government in India, consider the following statements:
Parliament, by an ordinary law, demarcated the subjects between the centre and the states.
States are allowed to make laws on subjects that are not mentioned in any of the lists in the seventh schedule.
Indian federalism is a federalism with strong centralising tendency.
How many of the above statements is/are correct?
Correct
Ans: A
Exp:
The Indian Constitution establishes two different forms of government: the Union government (central government), which oversees the entire country, and the State government, which oversees each unit or State. Both of these are constitutionally recognized and have a distinct scope of action.
Statement 1 is incorrect: The Constitution (and not an ordinary parliamentary law) clearly demarcates subjects, which are under the exclusive domain of the Union, from those under the States.
Statement 2 is incorrect: there are some subjects that do not find mention in any of the three lists provided in the seventh schedule, and the power to legislate on any of those subjects is solely vested in the central government (the parliament).
Statement 3 is correct: some of the provisions of the constitution have made Indian federalism a federalism with a strong centre such as:
Emergency provisions
No territorial integrity for states
Dependence of states on centremin matters of financial resources, etc.
Incorrect
Ans: A
Exp:
The Indian Constitution establishes two different forms of government: the Union government (central government), which oversees the entire country, and the State government, which oversees each unit or State. Both of these are constitutionally recognized and have a distinct scope of action.
Statement 1 is incorrect: The Constitution (and not an ordinary parliamentary law) clearly demarcates subjects, which are under the exclusive domain of the Union, from those under the States.
Statement 2 is incorrect: there are some subjects that do not find mention in any of the three lists provided in the seventh schedule, and the power to legislate on any of those subjects is solely vested in the central government (the parliament).
Statement 3 is correct: some of the provisions of the constitution have made Indian federalism a federalism with a strong centre such as:
Emergency provisions
No territorial integrity for states
Dependence of states on centremin matters of financial resources, etc.
Comprehensive coverage with a concise format Integration of PYQ within the booklet Designed as per recent trends of Prelims questions हिंदी में भी उपलब्ध
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Comprehensive coverage with a concise format Integration of PYQ within the booklet Designed as per recent trends of Prelims questions हिंदी में भी उपलब्ध
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