Daily MCQs – 7th Nov 23
General Studies (GS) Paper II: Indian Polity
Daily MCQs on Indian Polity: Top Multiple-Choice Questions for IAS GS Paper II and other Competitive Exams in Indian Polity.
Q1. With reference to features of the Fundamental Duties, consider the following statements:
- All the Fundamental Duties are Civic Duties.
- The fundamental duties are also non-justiciable by any Court.
Which of the statements given above is/are incorrect?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Answer: (a)
Explanation:
Statement 1 is incorrect: Some of them are moral duties while others are civic duties. For instance, cherishing noble ideals of freedom struggle is a moral precept and respecting the Constitution, National Flag and National Anthem is a civic duty.They refer to such values which have been a part of the Indian tradition, mythology, religions and practices. In other words, they essentially contain just a codification of tasks integral to the Indian way of life.
Statement 2 is correct: Like the Directive Principles, the fundamental duties are also non justiciable. The Constitution does not provide for their direct enforcement by the courts. Moreover, there is no legal sanction against their violation. However, the Parliament is free to enforce them by suitable legislation. Unlike some of the Fundamental Rights which extend to all persons whether citizens or foreigners, the Fundamental Duties are confined to citizens only and do not extend to foreigners.
Q2.Consider the following pairs with reference to Fundamental Rights and Constitutional Amendments related to it:
- Reservation in promotion – 77th Amendment Act 1995
- Right to form cooperatives societies – 73rd Amendment Act 1992
- Right to Education – 86th Amendment Act 2002
Which of the above pairs is/are correctly matched?
(a) 1 and 2 only
(b) 2 and 3 only
(c) 3 only
(d) 1 and 3 only
Answer: (d)
Explanation:
Pair 1 is correct: Article 16(4) provides for reservation of jobs in favor of backward classes. The extent and scope of this Article was examined by the Supreme court in the famous Mandal case. The Supreme Court rejected reservations in promotion and held that reservation should be confined to initial appointments only.In order to nullify the ruling, 77th Amendment Act 1995 was enacted. It added a new provision that empowers the State to provide for reservation in promotion of any services under the State in favour of SCs and STs that are not adequately represented in the State services. Again, the 85th Amendment Act 2001 provides for ‘Consequential seniority’ in case of promotion by virtue of rule of reservation for the government servants belonging to SCs and STs with retrospective effect from June 1995
Pair 2 is incorrect: Right to form cooperatives was added after the 97th Amendment Act 2011. It is under Article 19(1)(c) of the Constitution. This enables all the citizens to form cooperatives by giving it the status of fundamental right of citizens. 73rd Constitutional Amendment 1992 is related to formation of Panchayati Raj in India.
Pair 3 is correct: Right to Education was added by 86th Amendment Act of 2002 under Article 21A of Indian Constitution. It declares that the State shall provide free and compulsory education to all children of the age of six to fourteen years in such a manner as the State may determine. This Amendment is a major milestone in the country’s aim to achieve ‘Education for All’ and is often regarded as ‘the dawn of the second revolution in the chapter of citizens rights’.
Q3. Consider the following statements with respect to Fundamental Rights of the Indian Constitution:
- Procedure established by law a provision under Article 21 is borrowed from the British constitution.
- Right to marry a person of one’s choice is integral to Article 21 (Right to life and liberty).
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Answer: (d)
Explanation:
Statement 1 is not correct: Procedure Established by law is borrowed from the Japanese constitution. 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 of India.
Statement 2 is correct: According to the Supreme Court, Hadiya Case (2017) – The right to marry a person of one’s choice is integral to Art.21 (right to life and liberty) of the Constitution.
Q4. Consider the following statements about Fundamental Rights :
- They are enforceable in the court of law.
- These rights are absolute.
- They can be suspended during national emergency, except few.
- They are available only to Indian Citizens.
- They are contained in Part IV of the constitution.
Which of the statements given above is/are correct?
(a) 1,3 and 5
(b) 1,3,4 and 5
(c) 1,2,3 and 5
(d) 1 and 3
Answer: (d)
Explanation:
Statement 1 is correct: Fundamental Rights are justiciable, which allows persons to move the courts for their enforcement, if and when they are violated. They are defended and guaranteed by the Supreme Court of India. Hence, under Article 32, aggrieved persons can directly go to the Supreme Court for its enforcement.
Statement 2 is not correct: Fundamental Rights are not Sacrosanct or permanent or absolute. The Parliament can curtail or repeal them but only by a constitutional amendment act and not by an ordinary act without affecting the basic structure of the constitution.
Statement 3 is correct: They can be suspended during the National Emergency. Article 358, When a proclamation of national emergency is made, the six Fundamental Rights under Article 19 are automatically suspended.44th amendment act of 1978, restricted the scope of this article 358. These six fundamental rights under Article 19 can be suspended only when the National Emergency is declared on the ground of War or external aggression and not on the grounds of armed rebellion. Article 359 authorises the president to suspend the right to move any court for the enforcement of Fundamental Rights during national emergency. The president cannot suspend the right to move to the court for the enforcement of Fundamental Rights guaranteed by article 20 (right to Protection in respect of conviction for offences) and article 21 (right to life and personal liberty).
Statement 4 is not correct: Some of the Fundamental Rights are available only to the citizens (Article 15, 16, 19, 29 and 30) while the rest all are available to both the citizens and foreigners except enemy aliens.
Statement 5 is not correct: Fundamental Rights are contained in part III of the Indian Constitution from Article 12 to 35. The framers of the constitution derived inspiration from the Constitution of the USA (i.e., Bill of rights).
Q5. Which constitutional amendment act added the provision of “State shall provide free and compulsory education to all children of the age of six to fourteen years in such a manner as the State may determine”?
(a) 61st constitutional amendment act
(b) 65th constitutional amendment act
(c) 81st constitutional amendment act
(d) 86th constitutional amendment act
Answer: (d)
Explanation:
Article 21 A declares that the State shall provide free and compulsory education to all children of the age of six to fourteen years in such a manner as the State may determine. Thus, this provision makes only elementary education a Fundamental Right and not higher or professional education. This provision was added by the 86th Constitutional Amendment Act of 2002.