Daily Prelims Test (Day-3)
Quiz-summary
0 of 10 questions completed
Questions:
- 1
- 2
- 3
- 4
- 5
- 6
- 7
- 8
- 9
- 10
Information
Daily Prelims Test (Day-3)
You have already completed the quiz before. Hence you can not start it again.
Quiz is loading...
You must sign in or sign up to start the quiz.
You have to finish following quiz, to start this quiz:
Results
0 of 10 questions answered correctly
Your time:
Time has elapsed
You have reached 0 of 0 points, (0)
Categories
- Not categorized 0%
- 1
- 2
- 3
- 4
- 5
- 6
- 7
- 8
- 9
- 10
- Answered
- Review
-
Question 1 of 10
1. Question
In the evolution of constitutional jurisprudence concerning the relationship between Fundamental Rights (Part III) and the Directive Principles of State Policy (Part IV) under the Constitution of India, the Supreme Court emphasised that the Constitution is founded on a harmonious balance between the two. In which of the following cases did the Supreme Court observe that the Indian Constitution is based on the “bedrock of balance” between Fundamental Rights and Directive Principles?
Correct
Answer: D
Explanation: The relationship between Fundamental Rights (FRs) and Directive Principles (DPSPs) has shifted through several landmark judicial pronouncements:
-
- Minerva Mills Case (1980):This is the definitive case where the Supreme Court struck down Section 4 of the 42nd Amendment Act (which had given precedence to all DPSPs over FRs). The Court famously observed: “The Indian Constitution is founded on the bedrock of the balance between Parts III and IV. To give absolute primacy to one over the other is to disturb the harmony of the Constitution.”
It established that FRs and DPSPs are “two wheels of a chariot” and must be read together. - State of Madras v. Champakam Dorairajan (1951):The Court initially held that DPSPs are subordinate to FRs. It ruled that if a law made to implement a DPSP violated a Fundamental Right, the FR would prevail.
- C. Golaknath v. State of Punjab (1967):The Court held that FRs are “sacrosanct” and cannot be amended or abridged by Parliament even for the implementation of Directive Principles.
- Kesavananda Bharati v. State of Kerala (1973):While this case primarily established the Basic Structure Doctrine, the Court also clarified that there is no inherent conflict between FRs and DPSPs; they are complementary and aim to achieve the same goal of a social revolution.
- Minerva Mills Case (1980):This is the definitive case where the Supreme Court struck down Section 4 of the 42nd Amendment Act (which had given precedence to all DPSPs over FRs). The Court famously observed: “The Indian Constitution is founded on the bedrock of the balance between Parts III and IV. To give absolute primacy to one over the other is to disturb the harmony of the Constitution.”
Case Judicial Stance Champakam Dorairajan FRs are superior; DPSPs are subordinate. Golaknath FRs are immutable/unamendable. Kesavananda Bharati Both are complementary (Basic Structure introduced). Minerva Mills Harmonious balance is the “bedrock” of the Constitution. Incorrect
Answer: D
Explanation: The relationship between Fundamental Rights (FRs) and Directive Principles (DPSPs) has shifted through several landmark judicial pronouncements:
-
- Minerva Mills Case (1980):This is the definitive case where the Supreme Court struck down Section 4 of the 42nd Amendment Act (which had given precedence to all DPSPs over FRs). The Court famously observed: “The Indian Constitution is founded on the bedrock of the balance between Parts III and IV. To give absolute primacy to one over the other is to disturb the harmony of the Constitution.”
It established that FRs and DPSPs are “two wheels of a chariot” and must be read together. - State of Madras v. Champakam Dorairajan (1951):The Court initially held that DPSPs are subordinate to FRs. It ruled that if a law made to implement a DPSP violated a Fundamental Right, the FR would prevail.
- C. Golaknath v. State of Punjab (1967):The Court held that FRs are “sacrosanct” and cannot be amended or abridged by Parliament even for the implementation of Directive Principles.
- Kesavananda Bharati v. State of Kerala (1973):While this case primarily established the Basic Structure Doctrine, the Court also clarified that there is no inherent conflict between FRs and DPSPs; they are complementary and aim to achieve the same goal of a social revolution.
- Minerva Mills Case (1980):This is the definitive case where the Supreme Court struck down Section 4 of the 42nd Amendment Act (which had given precedence to all DPSPs over FRs). The Court famously observed: “The Indian Constitution is founded on the bedrock of the balance between Parts III and IV. To give absolute primacy to one over the other is to disturb the harmony of the Constitution.”
Case Judicial Stance Champakam Dorairajan FRs are superior; DPSPs are subordinate. Golaknath FRs are immutable/unamendable. Kesavananda Bharati Both are complementary (Basic Structure introduced). Minerva Mills Harmonious balance is the “bedrock” of the Constitution. -
Question 2 of 10
2. Question
With reference to the Doctrine of Eclipse in Indian constitutional law, consider the following statements:
1. The Doctrine of Eclipse is expressly provided under Part III of the Constitution of India.
2. The doctrine is generally applicable to pre-constitutional laws that become inconsistent with Fundamental Rights after the commencement of the Constitution.
Which of the statements given above is/are correct?
Correct
Answer: B
Explanation:
Statement 1 is incorrect: The Doctrine of Eclipse is not expressly provided or mentioned by name in the text of the Constitution of India. It is a judicially evolved principle formulated by the Supreme Court, primarily in the landmark case of Bhikaji Narain Dhakras v. State of Madhya Pradesh (1955). While it is derived from the interpretation of Article 13(1), the doctrine itself is a product of judicial craftsmanship.
Statement 2 is correct: The doctrine states that a pre-constitutional law which is inconsistent with Fundamental Rights does not become dead or null and void ab initio (from the beginning). Instead, it becomes “eclipsed” or dormant by the Fundamental Right. The law remains on the statute book but is unenforceable. If the relevant Fundamental Right is later amended or removed, the “eclipse” is lifted, and the law becomes active and enforceable again.
Incorrect
Answer: B
Explanation:
Statement 1 is incorrect: The Doctrine of Eclipse is not expressly provided or mentioned by name in the text of the Constitution of India. It is a judicially evolved principle formulated by the Supreme Court, primarily in the landmark case of Bhikaji Narain Dhakras v. State of Madhya Pradesh (1955). While it is derived from the interpretation of Article 13(1), the doctrine itself is a product of judicial craftsmanship.
Statement 2 is correct: The doctrine states that a pre-constitutional law which is inconsistent with Fundamental Rights does not become dead or null and void ab initio (from the beginning). Instead, it becomes “eclipsed” or dormant by the Fundamental Right. The law remains on the statute book but is unenforceable. If the relevant Fundamental Right is later amended or removed, the “eclipse” is lifted, and the law becomes active and enforceable again.
-
Question 3 of 10
3. Question
With reference to the veto powers of the President under the Constitution of India, consider the following statements:
1. Under the Absolute Veto, the President withholds assent to a Bill passed by Parliament, and the Bill lapses.
2. Under the Suspensive Veto, the President returns a non-Money Bill to Parliament for reconsideration.
3. Under the Pocket Veto, the President neither assents to nor returns the Bill, thereby keeping it pending indefinitely.
Which of the statements given above are correct?
Correct
Answer: D
Explanation:
Statement 1 is correct: Absolute Veto refers to the power of the President to withhold assent to a Bill. In this case, the Bill ends and does not become an act. This is usually exercised in two cases:
1. With respect to Private Members’ Bills.
2. With respect to government bills when the cabinet resigns (after the bill is passed but before assent) and the new cabinet advises the President not to give assent.
Statement 2 is correct: Suspensive Veto is exercised when the President returns a Bill for reconsideration by the Parliament. However, if the Parliament passes the Bill again (with or without amendments) and presents it back to the President, the President must give assent. The President cannot exercise a suspensive veto in the case of Money Bills.
Statement 3 is correct: Pocket Veto occurs when the President neither ratifies nor rejects nor returns the Bill, but simply keeps the Bill pending for an indefinite period. Unlike the US President, who must return a bill within 10 days, the Indian Constitution does not prescribe any time limit, making the Indian “pocket” technically larger.
Incorrect
Answer: D
Explanation:
Statement 1 is correct: Absolute Veto refers to the power of the President to withhold assent to a Bill. In this case, the Bill ends and does not become an act. This is usually exercised in two cases:
1. With respect to Private Members’ Bills.
2. With respect to government bills when the cabinet resigns (after the bill is passed but before assent) and the new cabinet advises the President not to give assent.
Statement 2 is correct: Suspensive Veto is exercised when the President returns a Bill for reconsideration by the Parliament. However, if the Parliament passes the Bill again (with or without amendments) and presents it back to the President, the President must give assent. The President cannot exercise a suspensive veto in the case of Money Bills.
Statement 3 is correct: Pocket Veto occurs when the President neither ratifies nor rejects nor returns the Bill, but simply keeps the Bill pending for an indefinite period. Unlike the US President, who must return a bill within 10 days, the Indian Constitution does not prescribe any time limit, making the Indian “pocket” technically larger.
-
Question 4 of 10
4. Question
With reference to the Fundamental Duties under Part IVA of the Constitution of India, consider the following statements:
1. The Swaran Singh Committee recommended the incorporation of ten Fundamental Duties in the Constitution.
2. Fundamental Duties were inserted into the Constitution by the Constitution (42nd Amendment) Act, 1976.
3. Duties such as compulsory voting, promotion of family planning and payment of taxes are specifically enumerated in Part IVA.
Which of the statements given above are correct?
Correct
Answer: A
Explanation:
Statement 1 is correct: The Swaran Singh Committee (appointed in 1976) recommended the inclusion of a separate chapter on Fundamental Duties. While the committee originally suggested eight duties, the government eventually incorporated ten duties based on its general recommendations.
Statement 2 is correct: Fundamental Duties were added to the Constitution by the 42nd Amendment Act of 1976. This amendment inserted a new Part IVA and a single Article 51A.
Statement 3 is incorrect: Duties such as compulsory voting, promotion of family planning, and payment of taxes are not part of the list of 11 Fundamental Duties currently enumerated in Article 51A. In fact, the Swaran Singh Committee had specifically recommended that the duty to pay taxes be included, but the government rejected this proposal.
Incorrect
Answer: A
Explanation:
Statement 1 is correct: The Swaran Singh Committee (appointed in 1976) recommended the inclusion of a separate chapter on Fundamental Duties. While the committee originally suggested eight duties, the government eventually incorporated ten duties based on its general recommendations.
Statement 2 is correct: Fundamental Duties were added to the Constitution by the 42nd Amendment Act of 1976. This amendment inserted a new Part IVA and a single Article 51A.
Statement 3 is incorrect: Duties such as compulsory voting, promotion of family planning, and payment of taxes are not part of the list of 11 Fundamental Duties currently enumerated in Article 51A. In fact, the Swaran Singh Committee had specifically recommended that the duty to pay taxes be included, but the government rejected this proposal.
-
Question 5 of 10
5. Question
With reference to the provisions of the Constitution of India, consider the following pairs:
Provision Majority / Procedure Required 1. Amendment affecting the Seventh Schedule Special majority of Parliament and ratification by at least half of the State Legislatures 2. Creation or abolition of a State Legislative Council Special majority of Parliament under Article 368 3. Removal of a Judge of the Supreme Court Special majority of each House of Parliament 4. Election of the President of India Electoral College system with proportional representation How many of the pairs given above are correctly matched?
Correct
Answer: C
Explanation:
Pair 1 is correctly matched: Amendment affecting the Seventh Schedule involves the federal structure of the country. According to Article 368, such an amendment requires a special majority of Parliament (majority of total membership and 2/3rd of members present and voting) along with ratification by the legislatures of at least half of the States by simple majority.
Pair 2 is incorrectly matched: Creation or abolition of a State Legislative Council is governed by Article 169. While the State Legislative Assembly must pass a resolution by a special majority, the actual Act of Parliament for this purpose is passed by a simple majority. Crucially, the Constitution explicitly states that such a law is not deemed to be an amendment for the purposes of Article 368.
Pair 3 is correctly matched: Removal of a Judge of the Supreme Court (under Article 124(4)) requires an address by each House of Parliament supported by a special majority. This majority is defined as a majority of the total membership of that House and a majority of not less than two-thirds of the members of that House present and voting.
Pair 4 is correctly matched: Election of the President of India is conducted through an Electoral College system. As per Article 55, the election is held by means of proportional representation by the single transferable vote (often referred to as preferential system).
Incorrect
Answer: C
Explanation:
Pair 1 is correctly matched: Amendment affecting the Seventh Schedule involves the federal structure of the country. According to Article 368, such an amendment requires a special majority of Parliament (majority of total membership and 2/3rd of members present and voting) along with ratification by the legislatures of at least half of the States by simple majority.
Pair 2 is incorrectly matched: Creation or abolition of a State Legislative Council is governed by Article 169. While the State Legislative Assembly must pass a resolution by a special majority, the actual Act of Parliament for this purpose is passed by a simple majority. Crucially, the Constitution explicitly states that such a law is not deemed to be an amendment for the purposes of Article 368.
Pair 3 is correctly matched: Removal of a Judge of the Supreme Court (under Article 124(4)) requires an address by each House of Parliament supported by a special majority. This majority is defined as a majority of the total membership of that House and a majority of not less than two-thirds of the members of that House present and voting.
Pair 4 is correctly matched: Election of the President of India is conducted through an Electoral College system. As per Article 55, the election is held by means of proportional representation by the single transferable vote (often referred to as preferential system).
-
Question 6 of 10
6. Question
With reference to the Public Accounts Committee (PAC) of Parliament, consider the following statements:
1. The Committee was first constituted in 1921 following the recommendations of the Montagu–Chelmsford Reforms under the Government of India Act, 1919.
2. The members of the Committee are elected every year from among Members of Parliament according to the principle of proportional representation by means of the single transferable vote.
3. The recommendations of the Committee are advisory in nature and are not legally binding on the executive.
How many of the statements given above are correct?
Correct
Answer: C
Explanation:
Statement 1 is correct: The Public Accounts Committee was first set up in 1921 in the wake of the Montagu–Chelmsford Reforms (Government of India Act, 1919). It has been in existence ever since, though its composition and powers were modified after the Constitution came into force.
Statement 2 is correct: The Committee consists of 22 members (15 from Lok Sabha and 7 from Rajya Sabha). These members are elected every year from among the members of the respective Houses according to the principle of proportional representation by means of the single transferable vote. This ensures that all parties in Parliament get due representation in the committee.
Statement 3 is correct: Like most parliamentary committees, the PAC’s findings and recommendations are advisory in nature. While the government is expected to take “Action Taken” reports seriously and explain why a recommendation wasn’t followed, the committee cannot legally compel the executive to implement its suggestions.
Incorrect
Answer: C
Explanation:
Statement 1 is correct: The Public Accounts Committee was first set up in 1921 in the wake of the Montagu–Chelmsford Reforms (Government of India Act, 1919). It has been in existence ever since, though its composition and powers were modified after the Constitution came into force.
Statement 2 is correct: The Committee consists of 22 members (15 from Lok Sabha and 7 from Rajya Sabha). These members are elected every year from among the members of the respective Houses according to the principle of proportional representation by means of the single transferable vote. This ensures that all parties in Parliament get due representation in the committee.
Statement 3 is correct: Like most parliamentary committees, the PAC’s findings and recommendations are advisory in nature. While the government is expected to take “Action Taken” reports seriously and explain why a recommendation wasn’t followed, the committee cannot legally compel the executive to implement its suggestions.
-
Question 7 of 10
7. Question
With reference to the Drafting Committee of the Constitution of India, consider the following statements:
1. The Committee was constituted by the Constituent Assembly in August 1947 and was chaired by Dr. B. R. Ambedkar.
2. The Committee was set up after the enactment of the Indian Independence Act, 1947.
3. The Constituent Assembly adopted the final draft of the Constitution on 26 November 1949, and it came into force on 26 January 1950.
How many of the statements given above are correct?
Correct
Answer: C
Explanation:
Statement 1 is correct: The Drafting Committee was the most important committee of the Constituent Assembly. It was set up on 29 August 1947 and consisted of seven members, with Dr. B.R. Ambedkar serving as its Chairman.
Statement 2 is correct: The Indian Independence Act, 1947, was enacted in July 1947 and came into effect on 15 August 1947. The Drafting Committee was constituted shortly thereafter, on 29 August 1947, to prepare a draft of the new Constitution for independent India.
Statement 3 is correct: The process of drafting took two years, eleven months, and eighteen days. The Constituent Assembly finally adopted the Constitution on 26 November 1949 (signed by the members). However, the major part of the Constitution came into full effect (commencement) on 26 January 1950, to commemorate the 1930 declaration of Purna Swaraj.
Incorrect
Answer: C
Explanation:
Statement 1 is correct: The Drafting Committee was the most important committee of the Constituent Assembly. It was set up on 29 August 1947 and consisted of seven members, with Dr. B.R. Ambedkar serving as its Chairman.
Statement 2 is correct: The Indian Independence Act, 1947, was enacted in July 1947 and came into effect on 15 August 1947. The Drafting Committee was constituted shortly thereafter, on 29 August 1947, to prepare a draft of the new Constitution for independent India.
Statement 3 is correct: The process of drafting took two years, eleven months, and eighteen days. The Constituent Assembly finally adopted the Constitution on 26 November 1949 (signed by the members). However, the major part of the Constitution came into full effect (commencement) on 26 January 1950, to commemorate the 1930 declaration of Purna Swaraj.
-
Question 8 of 10
8. Question
With reference to the borrowing powers under the Constitution of India, consider the following statements:
1. The Union Government has the power to borrow money both within India and outside India upon the security of the Consolidated Fund of India.
2. A State Government cannot raise any loan outside India and is constitutionally restricted to domestic borrowing only.
3. A State Government requires the consent of the Union Government to raise a loan if there is an outstanding loan or guarantee given by the Union.
Which of the statements given above is/are correct?
Correct
Answer: D
Explanation: Under Articles 292 and 293 of the Constitution, the borrowing powers of the Union and the States are clearly defined to maintain fiscal discipline within the federal structure.
Statement 1 is correct: According to Article 292, the executive power of the Union extends to borrowing money upon the security of the Consolidated Fund of India. This power includes borrowing both within India and from outside India (international markets or organizations), subject to any limits set by Parliament.
Statement 2 is correct: Under Article 293(1), the executive power of a State extends to borrowing only within the territory of India. A State Government does not have the constitutional authority to raise loans directly from international markets or foreign sources.
Statement 3 is correct: According to Article 293(3), a State may not, without the consent of the Government of India, raise any loan if there is still outstanding any part of a loan which has been made to the State by the Government of India or in respect of which a guarantee has been given by the Government of India. In practice, since almost all states have outstanding central loans or liabilities, the Union Government (specifically the Ministry of Finance) exercises significant control over state borrowing limits.
Incorrect
Answer: D
Explanation: Under Articles 292 and 293 of the Constitution, the borrowing powers of the Union and the States are clearly defined to maintain fiscal discipline within the federal structure.
Statement 1 is correct: According to Article 292, the executive power of the Union extends to borrowing money upon the security of the Consolidated Fund of India. This power includes borrowing both within India and from outside India (international markets or organizations), subject to any limits set by Parliament.
Statement 2 is correct: Under Article 293(1), the executive power of a State extends to borrowing only within the territory of India. A State Government does not have the constitutional authority to raise loans directly from international markets or foreign sources.
Statement 3 is correct: According to Article 293(3), a State may not, without the consent of the Government of India, raise any loan if there is still outstanding any part of a loan which has been made to the State by the Government of India or in respect of which a guarantee has been given by the Government of India. In practice, since almost all states have outstanding central loans or liabilities, the Union Government (specifically the Ministry of Finance) exercises significant control over state borrowing limits.
-
Question 9 of 10
9. Question
With reference to the Rajya Sabha, consider the following statements:
1. The Fourth Schedule to the Constitution of India deals with the allocation of seats to the States and Union Territories in the Rajya Sabha.
2. The elected members of the Rajya Sabha are chosen by the elected members of the State Legislative Assemblies in accordance with the system of proportional representation by means of the single transferable vote.
3. The system of nomination of members to the Rajya Sabha for their expertise in literature, science, art and social service was inspired by the constitutional practice of Ireland.
How many of the statements given above are correct?
Correct
Answer: C
Explanation:
Statement 1 is correct: The Fourth Schedule of the Constitution of India explicitly details the allocation of seats in the Rajya Sabha (Council of States) to each State and Union Territory. This allocation is primarily based on the population of each state.
Statement 2 is correct: Under Article 80(4), the representatives of each State in the Rajya Sabha are elected by the elected members of the Legislative Assembly of that State. The election is held in accordance with the system of proportional representation by means of the single transferable vote (STV). This ensures that even smaller parties in the State Assembly can send representatives to the Upper House if they have sufficient numbers.
Statement 3 is correct: The President of India nominates 12 members to the Rajya Sabha who have special knowledge or practical experience in Literature, Science, Art, and Social Service. This specific provision of nominating experts to the Upper House was borrowed from the Irish Constitution
Incorrect
Answer: C
Explanation:
Statement 1 is correct: The Fourth Schedule of the Constitution of India explicitly details the allocation of seats in the Rajya Sabha (Council of States) to each State and Union Territory. This allocation is primarily based on the population of each state.
Statement 2 is correct: Under Article 80(4), the representatives of each State in the Rajya Sabha are elected by the elected members of the Legislative Assembly of that State. The election is held in accordance with the system of proportional representation by means of the single transferable vote (STV). This ensures that even smaller parties in the State Assembly can send representatives to the Upper House if they have sufficient numbers.
Statement 3 is correct: The President of India nominates 12 members to the Rajya Sabha who have special knowledge or practical experience in Literature, Science, Art, and Social Service. This specific provision of nominating experts to the Upper House was borrowed from the Irish Constitution
-
Question 10 of 10
10. Question
With reference to the Fundamental Duties enshrined in Part IVA of the Constitution of India, consider the following statements:
Statement–I: It shall be the duty of every citizen of India to uphold and protect the sovereignty, unity and integrity of India.
Statement–II: The expression “unity and integrity of India” refers only to the territorial boundaries of the nation and excludes its social, cultural and political cohesion.
Which one of the following is correct in respect of the above statements?
Correct
Answer: C
Explanation:
Statement–I is correct: This is a verbatim reproduction of Article 51A(c) of the Constitution of India. It is the third Fundamental Duty listed in Part IVA, which mandates that every citizen must “uphold and protect the sovereignty, unity and integrity of India.” This is considered a “core” duty aimed at maintaining the existence of the nation-state.
Statement–II is incorrect: The expression “unity and integrity of India” has a much broader connotation than just physical geography.
-
- Territorial integrityis certainly a part of it, but “unity” refers to the social and psychological cohesion among the diverse people of India.
- The Preamble and the Fundamental Duties (specifically Article 51A(e), which calls for promoting harmony and the spirit of common brotherhood) make it clear that unity includes social, cultural, and political dimensions.
- The term “Integrity” was specifically added to the Preamble by the 42nd Amendment Act (1976) to counter secessionist tendencies and emphasize that the nation is indivisible both physically and emotionally.
Incorrect
Answer: C
Explanation:
Statement–I is correct: This is a verbatim reproduction of Article 51A(c) of the Constitution of India. It is the third Fundamental Duty listed in Part IVA, which mandates that every citizen must “uphold and protect the sovereignty, unity and integrity of India.” This is considered a “core” duty aimed at maintaining the existence of the nation-state.
Statement–II is incorrect: The expression “unity and integrity of India” has a much broader connotation than just physical geography.
-
- Territorial integrityis certainly a part of it, but “unity” refers to the social and psychological cohesion among the diverse people of India.
- The Preamble and the Fundamental Duties (specifically Article 51A(e), which calls for promoting harmony and the spirit of common brotherhood) make it clear that unity includes social, cultural, and political dimensions.
- The term “Integrity” was specifically added to the Preamble by the 42nd Amendment Act (1976) to counter secessionist tendencies and emphasize that the nation is indivisible both physically and emotionally.
