Day-639 | Daily MCQs | UPSC Prelims | POLITY

Answer: C
Explanation:
• Options A, B & D don’t give the correct explanation of the term federal supremacy.
• In every Constitutional system having two levels of government with demarcated jurisdiction, contents respecting power are inevitable. A law passed by a State legislature on a matter assigned to it under the Constitution, though otherwise valid, may impinge upon the competence of the Union or vice- versa. Simultaneous operation side-by-side of two inconsistent laws, each of equal validity, will be an absurdity.
• Both Parliament and the State Legislature have concurrent powers of legislation with respect to any of the matters enumerated in List III. The words “notwithstanding anything contained in clauses (2) and (3)” in Article 246(1) and the words “subject to clauses (1) and (2)” in Article 246(3) lay down the principle of federal supremacy viz. that in case of inevitable conflict between the Union and State powers, the Union power as enumerated in List I shall prevail over the State power as enumerated in Lists II and III and in case of an overlapping between Lists II and III, the latter shall prevail.
• The principle of Federal Supremacy laid down in Art. 246 cannot be resorted to unless there is an ‘irreconcilable’ conflict between the Entries in the Union and State Lists.
• The principle of Federal Supremacy was in news in case of withdrawal of special status to J & K and Mohit Mineral case 2021 related to GST Council.

Answer: B
Explanation:
The conditions of service for the Election Commission of India are determined by Parliament, as stipulated under Article 324 of the Indian Constitution. This article provides the President the authority to appoint the Chief Election Commissioner and other Election Commissioners.
However, the President shall make these appointments as per the provisions laid down by the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991 which is recently amended by the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023which outlines their tenure, terms of service, and other employment conditions.
This legislative framework ensures that while the President performs the role of appointing commissioners, the overarching control and determination of their conditions of service rest with Parliament, through its legislative powers.

Answer: B
Explanation:
Statement 1 is incorrect: While writs are commonly associated with the enforcement of Fundamental Rights, they can also be issued for any other purpose where it is necessary to enforce the rights of citizens, not strictly limited to Fundamental Rights. For example, High Courts can issue writs for a broader range of purposes under Article 226.
Statement 2 is correct: The Supreme Court issues writs specifically as constitutional remedies for the enforcement of Fundamental Rights, as stated under Article 32 of the Constitution. This provision empowers the Supreme Court to issue directions, orders, or writs, including habeas corpus, mandamus, prohibition, quo warranto, and certiorari to enforce these rights.
Statement 3 is correct: Article 32 of the Constitution itself is a Fundamental Right. It provides the right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by Part III of the Constitution (which includes the Fundamental Rights).

Answer: A
Explanation:
The act of seeking citizenship in India is best described as a Legal Right. Citizenship rights and the procedures for obtaining citizenship are governed by statutory laws, not by the Constitution directly.
Specifically, these rights and procedures are outlined under the Citizenship Act, 1955, which establishes the legal framework for acquiring, renouncing, and terminating Indian citizenship. This act details the various methods through which one can acquire Indian citizenship (e.g., by birth, descent, registration, naturalization), making it a matter of legal entitlement under specified conditions, rather than a fundamental, constitutional, or human right.
Additional Information:
The government recently notified the Citizenship Rules under the Citizenship (Amendment) Act, 2019 which seeks to amend the Citizenship Act, 1955.
The CAA 2019 provides citizenship on the basis of religion to six undocumented non-Muslim communities (Hindus, Sikhs, Buddhists, Jains, Parsis and Christians) from Pakistan, Afghanistan and Bangladesh who entered India on or before 31st December, 2014.

Answer: D
Explanation:
Option 1 is correct: The term ‘Union of States’ in Indian context means federal supremacy. Please learn from the explanation of Q1. In fact, under article1 of the constitution, the term union of states was adopted in place of federal for which BRAmbedkar gave explanation that union was given preference over states. States were created for administrative convenience.
Option 2 is correct: The Indian Constitution has a unitary bias, as it enjoys more powers vis-à-vis states.
Option 3 is correct: B R Ambedkar went on defending the autonomy of states even if union was given preference over states. The Schedule 7 does give autonomy to states as they derive powers directly from the constitution and hence, they are autonomous in their spheres and can make law. Federal polity has also been declared as a basic structure doctrine, it means even there are limitations on centre while making law. Some parts of 97th amendment act were struck by Supreme Court as they encroached upon the powers of the state.
Hence, all the three statements are the correct description of the term union of India.