INSIGHTS REVISION TEST for Preliminary Exam 2018: Test – 17 (Indian Polity and Governance)

Answer: C

Why this question?

UPSC has asked general questions on Constitution last year such as “Rights are restraints on the government”  and “Right to equality ensures absence of privileges”. These statements have been either verbatim picked up  or just rephrased by keeping the essence intact from NCERT book “Indian Constitution at work”

Explanation:

Statement 1 – Constitution itself cannot ensure that the good people to come to power .For example, Indian Constitution has authorized the Parliament to determine the procedure for election to the Loksabha, Rajyasabha and Legislative chambers of States & UTs. Since the existing provisions of Representation of Peoples Act are not fool proof, a significant percentage of legislators of the present day are with criminal record. Hence statement 1 is INCORRECT

Statement 2 – Constitutional norms provide the overarching framework within which one pursues individual aspirations, goals and freedoms. For instance, Preamble of Indian constitution broadly reflects this framework. Hence statement 2 is CORRECT.

Statement 3 – One may have many identities prior to the Constitution. But by agreeing to certain basic norms and principles prescribed by the Constitution, one constitutes one’s basic political identity. However, Constitution also sets authoritative Constraints upon what one may or may not do. It defines the fundamental values that one may not trespass. So the Constitution also gives MORAL Identity. So, Statement 3  is INCORRECT.

Source: NCERT Indian Constitution at work Chapter-1  Constitution: Why and How?

Answer: B

Why this Question?: Similar question based on “Welfare State” has been asked  in UPSC 2015 Prelims

Explanation: Promotion of International Peace is one of the ideals propounded by DPSP.

Article 51 of the Constitution directs the State to promote international peace and security and maintain just and honourable relations between nations;to foster respect  for international law and treaty obligations, and to encourage settlement of international disputes by arbitration.

In addition, DPSP also encompasses the ideals of Welfare of the People; Social,economic and Political Justice etc.

Source: NCERT Indian Constitution at work Chapter-2 Constitution: Rights in the Indian Constitution

Answer:C

Why this question?

UPSC-2017: Question on “Right to vote”

Explanation: The answer for this question is debatable. But , UPSC is known for asking these kind of questions.so it is better to face such questions.

As per NCERT, Right against  economic exploitation and Right to work are Non-justiciable rights[Page no.45 of the Source]. The rationale Can be-  if a woman is paid less wage than a male counter part who is doing same work , it amounts to economic exploitation;since equal pay for equal work is stipulated in DPSP, Right against economic exploitation is non justiciable.

But, One might argue that Right against economic exploitation is a justiciable right on the basis of “Right against exploitation” which is a fundamental right.

Right to liberty is a fundamental right under Article 21. Hence it is Justiciable right.

Note: As per NCERT Democratic Politics -I, Right to vote is a Constitutional Right.Hence, Based on UPSC 2017 key, we can say if NCERTs can be taken as credible reference for these kind of debatable quesions.

Source: NCERT Indian Constitution at work Chapter-2 Constitution: Rights in the Indian Constitution

Answer: C

Why this Quesion?-Combination of  UPSC Questions on Citizenship and Nature of Indian Constitution + Citizenship Act amendments-recently in news

Explanation:

Statement 1-The Constitution deals with the citizenship from Article 5 to 11 under Part II. However, it only identifies the persons who became Citizens of India at its commencement [i.e. on January 26,1950].It does not deal with the problem of acquisition or loss of Citizenship subsequent to the Commencement of the Constitution. It empowers the Parliament to enact a law to provide for such matters and any other matter relating to citizenship. Hence statement 1 is CORRECT.

Statement 2- No person shall be a citizen of India or be deemed to be a citizen of India ,if he has voluntarily acquired the citizenship of any foreign state as per Article 9. Hence statement 2 is INCORRECT

Statement 3- All citizens of India irrespective of the State/UT in which they are born and/or reside enjoy the identical rights across the country[except in J&K]. There is no separate state citizenship[Unitary bias] despite the division of powers between Central and State governments[Federal nature]. Hence statement 3 is CORRECT.

Source:Indian Polity-M Laxmikanth-Chapters on Salient Features of the Constitution and Citizenship

Answer: C

Why this Question?: Similar question has been asked  in UPSC 2015 Prelims

Explanation:Article 49 [Part IV-DPSP ]of the Indian Constitution directs the State “to protect monuments,places and objects of artistic or historic interest which are declared to be of national importance”.  At this juncture, it is also pertinent to recollect that “to value and preserve the rich heritage of the country’s composite culture” is a prescribed duty of every citizen of India as per Article 51A(f). Sometimes, students may get confused between these two.

Source:Indian Polity-M Laxmikanth-Chapters on DPSP and Fundamental Duties

Answer:B

Why?: Similar question based on tenth schedule has been asked in UPSC 2014 Prelims

Explanation: Second schedule deals with the emoluments of only the following.

-The President and the Governors of the States

-Speaker and the Deputy Speaker of the House of the People and of the Legislative Assemblies of States

-Chairman and Deputy Chairman of the Council of the States and of the Legislative Councils of States

-Judges of the Supreme Court and of the High Courts

-The Comptroller and Auditor-General

Reference:https://www.mea.gov.in/Images/pdf1/S2.pdf

Answer:C

Why?: Similar question based on the inspiration for division of powers between the Centre and the States in UPSC 2012

Explanation: The Office of Governor provided by the Indian Constitution is required to act with the advice of Council of Ministers headed by Chief Minister of the State [Article 163].

Similar scheme of arrangement is envisaged in Government of India Act, 1935. The Act introduced responsible governments in provinces, that is, the governor was required to act with the aid and advice of ministers responsible to the provincial legislature.

The Governor position had been existing (under British rule) very much before the GoI Act 1935 came into effect. But, with respect to the Role and powers exercised by him it is 1935 Act which served as an inspiration for our present day setup.

Source: Indian Polity-M Laxmikanth-Chapters on Salient Features of the Constitution and Historical Background

Answer:D

Why?: Similar question related to “Economic Justice” in UPSC 2013

Explanation: The Preamble to the Constitution of India in its introductory statement says- “Liberty of thought, expression, belief , faith and worship ” and also the Right to Freedom of Religion(Article 25), which is part of Fundamental Rights, endows all persons with liberty of faith and worship.

Answer: D

Why?: UPSC asked factual questions related to “Who was the Speaker of first Loksabha?[UPSC 2007]” and “Who have held the office of Vice-president?[UPSC 2008]”

Statement 1: There was no woman minister in the Interim Government Cabinet and it was ‘Rajkumari’ Amrita Kaur [Called the ‘princess in her nation’s service’ by the New York Times], the first health minister of Independent India. She established the esteemed All India Institute of Medical Sciences (AIIMS), and was also its president. This portfolio was held by Shri Ghaznafar Ali Khan in the Interim Government.  Hence statement 1 INCORRECT

Statement 2 : Dr. B.R. Ambedkar was the law minister only in the First Cabinet of Free India. The same portfolio was held by Shri Joginader Nath Mandal in the Interim government. Hence statement 2 is INCORRECT

Statement 3: The members of the interim government were members of the Viceroy’s Executive Council. The Viceroy continued to be the head of the Council. But, Shri Jawaharlal Nehru was designated as the Vice-President of the Council . Nehru ,as the Prime minister ,was the head of the Council in Free India. Hence statement 3 is INCORRECT

Source: Indian Polity-M Laxmikanth-Chapter on Historical Background

Why?: Many times UPSC has asked questions related to Preamble

Answer: A

Option B: In the Berubari Union Case(1960), Supreme Court opined that Preamble is not a part of the Constitution. But in the Kesavananda Bharati case , the Supreme Court rejected the earlier opinion and held that the Preamble is an integral part of the Constitution. In LIC of India case also, the Supreme Court reconfirmed it. Hence the present position is – Preamble is an integral part of the Constitution. Hence B is CORRECT statement

Option C:The Preamble was enacted by the Constituent Assembly after the rest of the Constitution was already enacted to ensure that it was in conformity with the Constitution as adopted by the Constituent Assembly. Hence C is CORRECT Statement

Option D: In the Berubari Union Case , Supreme Court said that the Preamble shows the general purposes behind the several provisions in the Constitution, and is thus a key to the minds of the makers of the Constitution. This view is repeatedly upheld by the SC and the Constitutional experts. Hence D is CORRECT Statement

Option A:SC in the Kesavananda Bharati case held that the Preamble can be amended,subject to the condition that no amendment is done to the ‘basic features’. We also know that the Preamble has been amended by the 42nd Constitutional Amendment Act, which has added three new words-SOCIALIST, SECULAR AND INTEGRITY- to the Preamble. Hence A is INCORRECT Statement.

Source:Indian Polity-M Laxmikanth-Chapter on Preamble of the Constitution

Answer: A 

Why?: It is important to know  1. which of the terms are used as an informal practice or as a convention  but not mentioned in the Constitution 2. Which of the terms are mentioned but not defined in the Constitution. UPSC can play with these provisions. [UPSC 2006 and 1995- one can find questions based on definitions(Backward classes) and Conventions]

Explanation: 

Regarding 1 and 2:

Some of the terms which are not mentioned in the Constitution, but used in general practice – JUDICIAL REVIEW, CARETAKER GOVERNMENT, BUDGET[in constitution it is “Annual Financial Statement-A112”], NO CONFIDENCE MOTION[it is mentioned only in the Loksabha Rules-Rule 158]

Hence the right option is A

Regarding 3 and 4:

“Procedure established by law” and “Contempt of Court” are explicitly mentioned in the Constitution but they are not defined.

Few other terms which are mentioned but not explicitly defined in the Constitution are: UNTOUCHABILITY, MINORITY, MARTIAL LAW,DOMICILE, VIOLATION OF THE CONSTITUTION, OFFICE OF PROFIT.

Please let us know in comments, if you know few more such provisions in both categories.

Answer: C

Why?: Similar question in UPSC-2007

Explanation: 

Andhra Pradesh-1953; Maharastra and Gujarat-1960; Nagaland-1963; Punjab and Haryana-1966;  Manipur, Tripura and Meghalaya-1972;Sikkim-1974; Goa, Mizoram, Aruncachal Pradesh-1987

Source: Indian Polity-M Laxmikanth-Chapter on Union and its territory

Answer: B

Why? Improvisation from UPSC questions related to Schedules

Explanation: 

Fourth Schedule deals with the allocation of Seats in the Council of State (Rajya Sabha) to the States and the Union Territories. Hence, to allocate respective portion of Seats to the newly formed State Fourth Schedule needs to be amended.

Sixth Schedule-Provisions relating to the administration of Tribal areas in the States of Assam, Tripura, Meghalaya and Mizoram. Sixth Schedule would need amendment only if the new State is formed by reorganisation of territories from any of these states.

Tenth Schedule -Anti Defection law

Third Schedule-Forms of Oaths or Affirmations

Source:Indian Polity-M Laxmikanth-Chapters on Salient Features of the Constitution

Ans:C

Why? Similar question in UPSC 2004 and 2006

Explanation: 

Bankruptcy and insolvency, Electricity and Education are Concurrent List subjects while Insurance is Union List Subject.

Source: Indian Polity-M Laxmikanth [3rd Edition] -Appendix II

Ans:A

Why? : Improvisation from the questions related to “parts dealing with Local governments and number of Parts [UPSC 2005]”

Explanation:

Statement 1: Along with additions, there was a removal of Part VII [Dealing with Part-B States] of the Indian Constitution through 7th Amendment Act 1956. Hence It is INCORRECT

Also Part IX which earlier dealt with Part D-States has been amended to deal with Rural Local governments.

Statement 2: Part IX-B dealing with Cooperatives [Article 243-ZH 243-ZT] has been added to the Constitution through 97th Constitutional Amendment. This is the latest addition in terms of a new Part.

Hence It is INCORRECT.

Statement 3: Part IV-A and Part XIV-A were added by the 42nd Amendment Act(1976), while Part IX-A was added by the 74th Amendment Act (1992). Hence It is CORRECT

Source:Indian Polity-M Laxmikanth-Chapters on Salient Features of the Constitution

Answer: D

Why? : Similar question on “chairman of the Union Constitution Committee” in UPSC 2005

Explanation:

One has to be thorough with the Committees and their heads [atleast with the Major Committees of the Constitutent Assembly]

Also, One should not get confused between the Provincial Constitution Committee headed by Sardar Patel and the States Committee headed by Jawaharlal Nehru

Important Committees and their heads:

Dr.B.R. Ambedkar was the head of the Drafting Committee

Jawaharlal Nehru was the head of Union Powers Committee, States Committee, Union Constitution Committee

Sardar Patel was the head of Provincial Constitution Committee, Advisory Committee on Fundamental Rights and Minorities

[Under Advisory Committee on Fundamental Rights and Minorities there are 2 sub committees : Fundamental Rights Sub-Committee headed by J.B.Kriplani and Minorities Sub-committee headed by H.C. Mukherjeee]

Dr.Rajendra Prasad was the head of Rules of Procedure Committee and Steering Committee

Source:Indian Polity-M Laxmikanth-Chapter on Making of the Constitution

Answer: C

Why? Historical underpinnings of the Indian Constitution are important both from prelims and mains point of view in UPSC-Especially Indian Councils Act, 1909 and GoI Acts, 1919 and 1935.

Explanation: 

Statements 1 and 2: It is the Goverment of India Act, 1919 which Introduced the bicameralism, direct elections in the country. It also separated provincial budgets from the central budget and authorised the provincial legislatures to enact their budgets. Hence Both the Statements are INCORRECT

Source: Indian Polity-M Laxmikanth-Chapter on Historical Background

Answer: C

Why?

UPSC has asked general questions on Constitution last year such as “Rights are restraints on the government” and “Right to equality ensures absence of privileges”. These statements have been either verbatim picked up or just rephrased by keeping the essence intact from NCERT book “Indian Constitution at work”

Explanation: 

Statement 1: In many countries constitutions remain defunct because they are crafted by military leaders or leaders who are not popular and do not have the ability to carry the people with them. The most successful constitutions, like India, South Africa and the United States, are Constitutions which were created by the leaders who enjoyed immense public credibility.  Therefore, the authority of people who enact the Constitution helps determine in part its prospects for success. Hence statement i is CORRECT .

Statement 2: Substantive provisions determines if the Constitution gives everyone in the society some reason to abide by the constitution. If any group feels that their identity is being stifled, they will have no reason to go along with the Constitution. Hence the substantive provisions like LIBERTY, JUSTICE etc. play a larger role in the effectiveness of the Constitution. So, statement ii is CORRECT

Statement 3: Constitutions are often subverted not by the people but by small groups who wish to enhance their own power.  Well crafted Constitutions fragment power in society intelligently so that no single institution acquires monopoly of power. It is often said by the experts that an intelligent system of checks and balances has facilitated the success of Indian Constitution. So, statement iii is INCORRECT

Source: NCERT Indian Constitution at work Chapter-1 Constitution: Why and How?

Answer: D

Why? Improvisation from UPSC questions related to Delimitation Commission and reservation for SCs and STs in elections.

Explanation:

The Delimitation Commission is appointed by the President of India and works in Collaboration with the Election Commission of India. It is appointed for the purpose of drawing up the boundaries of Constituencies all over the Country. After drawing the boundaries, the Delimitation Commission looks at the composition of population in each constituency. Those constituencies that have the highest proportion of Scheduled Tribe population are reserved for ST. In the case of Scheduled Castes, the Delimitation Commission looks at two things. It picks constituencies that have higher proportion of Scheduled Caste population. But it also spreads these constituencies in different regions of the State. So, D is the Answer.

Source: NCERT Indian Constitution at work Chapter-3 Election and Representation

Answer: A

Why? UPSC may slowly venture into the other chapters of NCERT: Indian Constitution at Work and pickup statements from them. So, it is better to be prepared for such questions

Explanation:

Option B: Consider FPTP, which is the existing system in India. In the Lok Sabha elections of 1984, the Congress party came to power winning 415 of the 543 Lok Sabha seats –  more than 80% of the seats. The Congress party got 48% of the votes. This means  that only 48% of those who voted, voted in favor of the  candidates put up by the Congress party, but the party  still managed to win more than 80% of the seats in the  Lok Sabha. The BJP got 7.4 per cent votes but less than one per cent seats. Similar disproportionate results are the norm even today. Hence FPTP is not fulfilling the requirement of no discrepancy.

So, B is not Right Option.

Option C: Referendum is an irrelevant option in the question context. Because, it is about Direct or Indirect/Participative or Representative Nature of Democracy. So, C is not CORRECT.

Option A: Consider FPTP, the electoral system In Israel.  Once the votes are counted, each party is allotted the share of seats in the parliament in proportion to its share of votes.  Each party fills its quota of seats by picking those many of its nominees from a preference list that has been declared before the elections. This system of elections is called the Proportional Representation (PR) system. In this system a party gets the same proportion of seats as its proportion of votes. Hence there will not be any discrepancy. The linguistic minorities would also get fair representation according their vote share. So, A is CORRECT.

Source: NCERT Indian Constitution at work Chapter-3 Election and Representation

Solution: a)

http://www.insightsonindia.com/2017/10/02/insights-daily-current-affairs-02-october-2017/

Catalonia is an autonomous community of Spain located on the northeastern extremity of the Iberian Peninsula. It is designated as a nationality by its Statute of Autonomy.[d][7] Catalonia consists of four provinces: Barcelona, Girona, Lleida, and Tarragona. The capital and largest city is Barcelona, the second-most populated municipality in Spain and the core of the seventh most populous urban area in the European Union. Catalonia comprises most of the territory of the former Principality of Catalonia (with the remainder Roussillon now part of France’s Pyrénées-Orientales). It is bordered by France and Andorra to the north, the Mediterranean Sea to the east, and the Spanish autonomous communities of Aragon to the west and Valencia to the south. The official languages are Catalan, Spanish, and the Aranese dialect of Occitan.

Solution: a)

http://www.insightsonindia.com/2017/10/06/insights-daily-current-affairs-06-october-2017/

The United Nations Charter gives the United Nations Security Council the power and responsibility to take collective action to maintain international peace and security. For this reason, the international community usually looks to the Security Council to authorize peacekeeping operations through Chapter VII authorizations.

https://peacekeeping.un.org/en/department-of-peacekeeping-operations

Solution: c)

http://www.insightsonindia.com/2017/10/05/insights-daily-current-affairs-05-october-2017/

India’s hasn’t signed the treaty yet with Lithuania.

Recently, the Union Cabinet gave its approval for the signing and ratification of the Extradition Treaty between India and Lithuania. India is yet to sign it. Hence third statement is wrong.

On 11 March 1990, a year before the formal dissolution of the Soviet Union, Lithuania became the first Baltic state to declare itself independent, resulting in the restoration of an independent State of Lithuania after 50 years of Soviet occupation.

It is a country in the Baltic region of northern-eastern Europe. One of the three Baltic states, it is situated along the southeastern shore of the Baltic Sea, to the east of Sweden and Denmark.

http://www.mea.gov.in/leta.htm

Solution: c)

http://www.insightsonindia.com/2017/10/04/insights-daily-current-affairs-04-october-2017/

The primary aim of this scheme is to provide poor people access to bank accounts.

• The scheme covers both urban and rural areas of India. All bank accounts will be linked to a debit card which would be issued under the Ru-Pay scheme. Rupay is India’s own unique domestic card network owned by National Payments Corporation of India and has been created as an alternative to Visa and Mastercard.
• Under this scheme, every individual who opens a bank account becomes eligible to receive an accident insurance cover of up-to Rs 1 Lakh for his entire family.
• The scheme also provides incentives to business and banking correspondents who serve as link for the last mile between savings account holders and the bank by fixing a minimum monthly remuneration of Rs 5000.

Solution: a)

http://www.insightsonindia.com/2017/10/03/insights-daily-current-affairs-03-october-2017/

In statement – 2 it’s Earth’s rotation, not revolution.

All living organisms on Earth have an internal clock, known as the circadian rhythm, which in humans underlies why we are awake during the day and sleep at night. But our biological clock also helps regulate eating habits, hormone release, blood pressure and body temperature.

• A person’s well-being is affected when there is a “temporary mismatch between our external environment and this internal biological clock.” For example, disruption to our clocks when someone travels across a number of time zones results in jet lag.
• An imbalance between lifestyle and rhythm could lead to increased risk for a number of diseases including metabolic diseases, such as diabetes and cancer, and neurodegenerative diseases, such as Alzheimer’s disease.

Significance of research in this field:

Research on the body clock has helped scientists improve health. Many drugs now on the market work best when taken at the right time. The cholesterol-cutting drug Mevacor, for example, is taken at night because levels of the enzyme it targets are highest then. The same is true for low-dose aspirin used to reduce blood pressure.

https://www.sciencedaily.com/releases/2015/06/150625145232.htm

http://www.thehindu.com/sci-tech/science/what-is-circadian-rhythm/article19785658.ece