Daily MCQs – 5th Nov 23
Q1. Consider the following statements:
- Fundamental rights can be amended by the Parliament by a constitutional amendment but only if the amendment does not alter the basic structure of the Constitution.
- In the Golaknath case of 1967, the Supreme Court held that the Parliament can amend any part of the Constitution including fundamental rights.
Which of the above statements is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 or 2
Answer: (a)
Explanation:
Statement 1 is correct:Any changes to the fundamental rights require a constitutional amendment that should be passed by both the Houses of Parliament. The amendment bill should be passed by a special majority of Parliament.As per the Constitution, Article 13(2) states that no laws can be made that take away fundamental rights. The question is whether a constitutional amendment act can be termed law or not.
In 1973, a landmark judgment ensued in the Kesavananda Bharati case, where the SC held that although no part of the Constitution, including Fundamental Rights, was beyond the Parliament’s amending power, the “basic structure of the Constitution could not be abrogated even by a constitutional amendment.”
Statement 2 is incorrect:In the Sajjan Singh case of 1965, the Supreme Court held that the Parliament can amend any part of the Constitution including fundamental rights. But in 1967, the SC reversed its stance taken earlier when in the verdict of the Golaknath case, it said that the fundamental rights cannot be amended.
Q2. Which of the following is not the part of the Basic Structure of the Indian constitution as established by various Supreme Court judgments over the years?
(a) The parliamentary system of government
(b) Welfare state
(c) Free and fair elections
(d) The absolute power of the parliament to amend the Constitution
Answer: (d)
Explanation:
It was the Kesavananda Bharati case that brought this doctrine into the limelight. It held that the “basic structure of the Constitution could not be abrogated even by a constitutional amendment”. The judgment listed some basic structures of the constitution as:
- Supremacy of the Constitution
- Unity and sovereignty of India
- Democratic and republican forms of government
- Federal character of the Constitution
- Secular character of the Constitution
- Separation of power Individual freedom
Over time, many other features have also been added to this list of basic structural features. Some of them are:
- Rule of law
- Judicial review
- Parliamentary system
- Rule of equality
- Harmony and balance between the Fundamental Rights and DPSP
- Free and fair elections
- Limited power of the parliament to amend the Constitution
- Power of the Supreme Court under Articles 32, 136, 142 and 147
- Power of the High Court under Articles 226 and 227
Q3. Consider the following statements:
- Freedom of press is an essential element of the right to freedom of speech and expression under Article 19 of the Constitution of India.
- The Constitution guarantees the right to peaceful protest, therefore any public way and public space can be occupied for assembly.
Which of the above statements is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 or 2
Answer: (a)
Explanation:
Statement 1 is correct: In Indian Express v. Union of India (1985) the Supreme Court observed that the Press plays a very significant role inthe democratic machinery. The courts have duty to uphold the freedom of the press and invalidate all laws and administrative actions that abridge that freedom.
Statement 2 is incorrect: Recently, in a petition filed against the sit-in protests against the Citizenship (Amendment) Act (CAA), 2019, the Supreme Court (SC) has upheld the right to peaceful protest against the law but also cleared that public ways and public spaces cannot be occupied and that too indefinitely. Thus, Freedom of association under Article 19 is not absolute. This right may be restricted in the interest of the public order or sovereignty and integrity of the country.
Q4.Consider the following statements:
- A State is a Political Organisation while a Nation is a social, cultural, psychological, emotional and political unity.
- Possession of a Definite Territory is essential for the State but not for a Nation.
- Sovereignty is essential for State but not for Nation.
- The State uses police power (force) for preserving its unity and integrity, the Nation is bound by strong cultural and historical links.
Which of the above statements are correctly highlighting the difference between a Nation and a State?
(a) 1 and 2 only
(b) 1, 2 and 4 only
(c) 1, 3 and 4 only
(d) 1, 2, 3 and 4
Answer: (d)
Explanation:
- A Nation is a large body of people united by common descent, history, culture, or language, inhabiting a particular country or territory.
- A State is a political organisation which fulfills the security and welfare needs of its people. It is concerned with external human actions. It is a legal entity.
- On the other hand, a Nation is a united unit of population which is full of emotional, spiritual and psychological bonds. A nation has little to do with the physical needs of the people.
- It is essential for each State to possess a fixed territory. It is the physical element of the State. State is a territorial entity. But for a nation territory is not an essential requirement.
- Sovereignty is an essential element of the State. It is the soul of the State. In the absence of sovereignty, the State loses its existence. It is the element of sovereignty which makes the state different from all other associations of the people. It is not essential for a nation to possess sovereignty.
- State has police power. Those who dare to disobey it are punished by the state. A nation does not have police power or force or coercive power. It is backed by moral, emotional and spiritual power. A nation survives on the power of sense of unity of the people.
Q5. “To uphold and protect the Sovereignty, Unity and Integrity of India” is a provision made in the:
(a) Preamble of the Constitution
(b) Directive Principles of State Policy
(c) Fundamental Rights
(d) Fundamental Duties
Answer: (d)
Explanation:
Fundamental Duties were added to the Constitution by 42nd Amendment Act on the recommendation of Swaran Singh Committee.‘To uphold and protect the Sovereignty, Unity and Integrity of India’, is enshrined as one of the Fundamental Duties under Article 51A(c) of the Indian Constitution. Therefore, option (d) is the correct answer.
