DAY 2 (17-09-23)
Q1. Consider the following statements
- An expansionary fiscal policy will lead to increase in consumption.
- Autonomous consumption is not affected by level of income.
Select the correct answer using the code given below:
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Answer: (c)
Explanation:
Statement 1 is correct: Expansionary fiscal policy is said to be in action when the government increases the spending and lowers tax rates for boosting economic growth. This increases consumption as there is a rise in purchasing power.
Statement 2 is correct: Autonomous consumption is defined as the expenditures that consumers must make even when they have no disposable income. Certain goods need to be purchased, regardless of how much income or money a consumer has in their possession at any given time. When a consumer is low on resources, paying for these necessities can force them to borrow or access money that they had previously been saving.
Q2. Consider the following statements:
- A constitution is a body of fundamental principles according to which a state is constituted.
- A constitution specifies who has the power to make decisions in a society.
Select the correct answer using the code given below:
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Answer: (c)
Explanation:
Statement 1 is correct: A constitution is a body of fundamental principles according to which a state is constituted or governed. It specifies the basic allocation of power in a society. It decides who gets to decide what the laws will be. In principle, this question, who gets to decide, can be answered in many ways: in a monarchical constitution, a monarch decides; in some constitutions like the old Soviet Union, one single party was given the power to decide. But in democratic constitutions, broadly speaking, the people get to decide.
Statement 2 is correct: In the Indian Constitution, it is specified that in most instances, Parliament gets to decide laws and policies, and that Parliament itself be organised in a particular manner. If Parliament has the authority to enact laws, there must be a law that bestows this authority on Parliament in the first place. This is the function of the constitution. It is an authority that constitutes government in the first place.
Q3. Which of the following statements regarding Doctrine of Eclipse are correct?
- It states that any law that violates fundamental rights do not become null or void completely but remains inoperative and unenforceable.
- The law in question can only become operative after the conflict is removed by constitutional amendment.
- It does not apply to post-constitutional laws.
Select the correct answer using the codes given below:
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3
Answer: (d)
Explanation:
Statement 1 is correct: The Doctrine of Eclipse is a doctrinal principle that advocates the concept of fundamental rights being prospective. It states that any law which is inconsistent with Part III (fundamental rights) of the constitution is not invalid. It is not totally dead but overshadowed by the fundamental right.
Statement 2 is correct: The inconsistency or conflict can be removed by constitutional amendment.
The amendment to the relevant fundamental right will remove the eclipse and the entire law becomes valid and operative again. In other words, a law that violates fundamental rights remains in a moribund condition. It becomes inoperative, unenforceable and takes the shape of a sleeping provision.
Statement 3 is correct: One of the important elements of Doctrine of Eclipse is that it does not apply to post-constitutional laws. Post-constitution laws inconsistent with fundamental rights are void from their very inception.
Q4. Consider the following statements regarding Article 21 of the Indian Constitution:
- Due Process of Law is now explicitly mentioned in the Article 21.
- Article 21 is inherently related with Article 19 and Article 14.
- Power of ‘Judicial Review’ has been expanded with Maneka Gandhi judgement, hence, it has got equal to power given to US Supreme Court.
Select the correct answer using the codes given below:
(a) 1 and 3 only
(b) 1, 2 and 3
(c) 1 and 2 only
(d) 2 and 3 only
Answer: (d)
Explanation:
Statement 1 is incorrect: Due Process of Law is not explicitly mentioned in the Article 21.
Article 21 of the Indian Constitution is the cardinal source of protection of an individual’s life and liberty. It lays down that no person shall be deprived of his life or personal liberty except according to procedure established by law.
It is well known that the Indian Constitution is an amalgamation of various constitutions, including the Constitution of the United States. Article 21 is one such provision as it is analogous to the 5th Amendment of the US Constitution. The 5th Amendment of the US constitution states inter alia that “no person shall be deprived of his life, liberty or property, without due process of the law”.
The Draft Indian Constitution had contained the words ‘due process of law’ but they were later omitted and purposefully substituted with ‘procedure established by law. The reason behind this omission was uncertainty over the meaning of ‘due process’.
Statement 2 is correct: In order to apply the tests contained in Articles 14 and 19 of the Constitution, we have to consider the objects for which the exercise of inherent rights recognized by Article ‘21 of the Constitution are restricted as well as the procedure by which these restrictions are sought to be imposed.
Both substantive and procedural laws and actions taken under them will have to pass tests imposed by articles 14 and 19 whenever facts justifying the invocation of either of these articles may be disclosed.
Statement 3 is correct: The judgement in Maneka Gandhi case is a landmark judgement which played the most significant role towards the transformation of the judicial view on Article 21 of the Constitution of India so as to imply many more fundamental rights from article 21.
The power of Judicial Review is incorporated in Articles 226 and 227 of the Constitution insofar as the High Courts are concerned.
In regard to the Supreme Court Articles 32 and 136 of the Constitution, the judiciary in India has come to control by judicial review every aspect of governmental and public functions.
Q5. Which of the following statements about Procedure established by Law are correct?
- Our constitution makers adopted this provision from the American Constitution.
- Doctrine extends protection to an individual against arbitrary action of the executive and not of
legislature.
- The protection under this provision of Article 21 is available to both citizens and non-citizens.
Select the correct answer using the codes given below:
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3
Answer: (b)
Explanation:
Statement 1 is incorrect: This provision was adopted from Japanese Constitution in India. The doctrine of Procedure established by Law originated under the English constitution under which the courts are provided with restricted powers. Our constitution makers adopted this provision from the Japanese Constitution while framing our own constitution.
Statement 2 is correct: Procedure established by law safeguard individuals from the arbitrary actions of only the executive. The due process of law protects individuals from both arbitrary executive and legislative action.
Statement 3 is correct: Article 21 declares that no person shall be deprived of his life or personal liberty except according to procedure established by law. This right is available to both citizens and non-citizens.