Daily MCQs – 8th Nov 23

General Studies (GS) Paper II: Indian Polity and Constitution

Daily MCQs on Indian Polity: Top Multiple-Choice Questions for IAS GS Paper II and other Competitive Exams in Indian Polity.

 

Q1. Consider the following statements regarding Article 21 of the Indian Constitution:

1. Due Process of Law is now explicitly mentioned in the Article 21.
2. Article 21 is inherently related with Article 19 and Article 14.
3. Power of ‘Judicial Review’ has been expanded with Maneka Gandhi judgement.

Which of the statements given above are correct?

(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. It lays down that no person shall be deprived of his life or personal liberty except according to procedure established by 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 processes’.

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 recognised 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.

 

Q2. Third Schedule of the Indian Constitution contains the forms of oath and affirmation of many of the constitutional post.Which of the following is not one of them?

(a) State Legislature Election Candidates

(b) Parliament Election Candidates

(c) Union Ministers of India

(d) Chief Election Commissioner

Answer: (d)

Explanation:

Third Schedule contains the forms of oath and affirmation for:

• Union Ministers of India
• Parliament Election Candidates
• Members of Parliament (MPs)
• Supreme Court Judges
• Comptroller and Auditor General
• State Ministers
• State Legislature Elections’ Candidates
• State Legislature Members
• High Court Judges

 

Q3. Consider the following statements:

1. For Article 30, a community can be declared a minority on the basis of religion, language or race.
2. The right to establish and administereducational institutions by the minorities is not absolute.
3. Article 30 intends to place minorities at an advantageous position over the majority.

Which of the statements given above is/ are incorrect?

(a) 1 and 3 only

(b) 2 and 3 only

(c) 2 only

(d) 1, 2 and 3

Answer: (a)

Explanation:

Statement 1 is incorrect: Under article 29 and 30, the educational and cultural rights are available to the minorities of the country. A community is declared a minority on the basis of religion and language only, under Article 30.

Statement 2 is correct: All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice. The State shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language.

Statement 3 is incorrect: Article 30 provides for the right of minorities to establish and administer educational institutions. The rights under Article 30 aim to ensure equality with the majority, and not put the minority at an advantageous position (This essentially means that there is no reverse discrimination in favour of the minorities).

 

Q4. Which of the following statements regarding Right to Equality is incorrect?

(a) Rule of Law indicates different treatment in different circumstances.

(b) President of India has immunity of getting no criminal proceedings instituted against them during his tenure.

(c) The concept of ‘equal protection of laws’ has been taken from the American Constitution.

(d) A Member of Parliament is not be liable to any proceedings in any court in respect of anything said by him in the Legislature.

Answer: (a)

Explanation:

Articles 14 to 18 of the constitution deals with the Right to equality. Article 14 says that the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. Rule of Law implies an absence of any privileges to any individual or a community whereas the Equal Protection of Law indicates different treatment in different circumstances.

 

Q5.Consider the following statements regarding the ‘Right against exploitation’:

1. The protection from human trafficking under Article 23 is availed against both state and private person.
2. No child below the age of 14 years in India is permitted to be employed in any occupation and processes.

Which of the above statements is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Answer: (a)

Explanation:

Statement 1 is correct: Articles 23–24 of the constitution deals with Right against exploitation. Article 23 provides for prohibition of traffic in human beings and forced labour. This right is available to both citizens and non-citizens. It protects the individual not only against the State but also against private persons. It prohibits ‘begar’ which means compulsory work without remuneration. The term ‘forced labour’ means compelling a person to work against his will. Article 23 also provides for an exception to this provision. It permits the State to impose compulsory service for public purposes, as for example, military service or social service, for which it is not bound to pay.

Statement 2 is incorrect: Article 24 provides for prohibition of employment of children below the age of 14 years in any factory, mine or other hazardous activities. The Child Labour (Prohibition and Regulation) Act, 1986, is the most important law in this direction. The 2016 Amendment Act completely prohibits the employment of children below 14 years of age. Only those who have their own family business can work, given their education and health are not hampered. The Act also creates a new segment of adolescents for children between the age group 14- 18 years of age and prohibits them from being employed in hazardous activities and occupations.