UPSC Essentials | Daily subject-wise quiz : Polity and Governance (Week 18)

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QUESTION 1

With reference to the amendment of the constitution, consider the following statements:

1. Parliament can amend the Constitution by passing a Bill in each House by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting.

2. Amendment in the seventh schedule does not require ratification by the States.

3. Parliament can amend provisions that form the basic structure of the Constitution.

How many of the statements given above are correct?

(a) Only one

(b) Only two

(c) All three

(d) None

QUESTION 2

Which of the following is not a fundamental duty incorporated in Part IV-A of the Constitution?

(a) To uphold and protect the sovereignty, unity and integrity of India

(b) To protect the monuments and places and objects of national importance.

(c) To defend the country and render national service when called upon to do so.

(d) To value and preserve the rich heritage of our composite culture.

QUESTION 3

With reference to the ordinance in the constitution, consider the following statements:

1. President has the power to promulgate Ordinances only when the Upper House of Parliament is not in session.

2. If an Ordinance makes a law that Parliament is not competent to enact under the Constitution, it shall be considered void.

Which of the statement(s) given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

QUESTION 4

Which of the following amendment of the constitution introduced Article 15(5) that empowers the state to make such provision for the advancement of SC, ST, and Socially and Educationally Backward Classes in educational institutions?

(a) 91st Amendment

(b) 92nd Amendment

(c) 93rd Amendment

(d) 97th Amendment

QUESTION 5

Which of the articles of the Constitution of India provides for “protection and improvement of environment and safeguarding of forests and wildlife”?

(a) Article 48

(b) Article 50

(c) Article 47

(d) Article 48(a)

ANSWERS TO MCQs

1. (a)

FYI:

— Part XX of the Constitution deals with its amendment. Under Article 368(2), Parliament can amend the Constitution by passing a Bill in “each House by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting”. Thereafter, the Bill “shall be presented to the President who shall give his assent… and thereupon the Constitution shall stand amended”. Hence, statement 1 is correct.

— If the amendment seeks to make a change in certain specific provisions, including Articles 54, 55, 73, “Chapter IV of Part V, Chapter V of Part VI, or Chapter I of Part XI, or any of the Lists in the Seventh Schedule, or the representation of States in Parliament,” etc., “the amendment shall also require to be ratified by the Legislatures of not less than one-half of the States.” Hence, statement 2 is not correct.

— Parliament cannot amend those provisions which form the “basic structure of the Constitution”, according to the Supreme Court ruling in the landmark 1973 Kesavananda Bharati case. Hence, statement 3 is not correct.

— Fundamental Rights and Directive Principles are the two most important provisions that can be amended by the special majority.

— Any of the amendments proposed in Articles 4,169, and 239-A, and paras 7 and 21 of the Fifth and Sixth Schedules respectively, are excluded from the purview of Article 368. The Bill is passed with a majority required for the passage of an ordinary Bill.

— The important provisions that require ratification by the states include the election of President; Supreme Court and High Courts; representation of states in Parliament; distribution of legislative powers between the Union and the states; and the extent of executive power of the Union and the states.

Therefore, option (a) is the correct answer.

2. (b)

FYI:

— The fundamental duties were incorporated in Part IV-A of the Constitution by The Constitution (42nd Amendment) Act, 1976, during Indira Gandhi’s Emergency. Article 51(A) describes 11 fundamental duties — 10 came with the 42nd Amendment; the 11th was added by the 86th Amendment in 2002.

— These duties are not enforceable by law. However, a court may take them into account while adjudicating on a matter.

— Article 51(A) says it shall be the duty of every citizen of India:

(a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;

(b) to cherish and follow the noble ideals which inspired our national struggle for freedom;

(c) to uphold and protect the sovereignty, unity and integrity of India;

(d) to defend the country and render national service when called upon to do so;

(e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;

(f) to value and preserve the rich heritage of our composite culture;

(g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;

(h) to develop the scientific temper, humanism and the spirit of inquiry and reform;

(i) to safeguard public property and to abjure violence;

(j) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement;

(k) who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.

— Article 49 of the Constitution of India provides for protection of monuments and places and objects of national importance.

Therefore, option (b) is the correct answer.

(Other Source: Constitution of India)

3. (b)

FYI:

— Under Article 123 of the Constitution (“Power of President to promulgate Ordinances during recess of Parliament”), “if at any time, except when both Houses of Parliament are in session, the President is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require.” Hence, statement 1 is not correct.

— An Ordinance “shall have the same force and effect as an Act of Parliament”. But the government is required to bring an Ordinance before Parliament for ratification — and failure to do so will lead to its lapsing “at the expiration of six weeks from the reassembly of Parliament”.

— The Ordinance may lapse earlier if the President withdraws it — or if both Houses pass resolutions disapproving it.

— If an Ordinance makes a law that Parliament is not competent to enact under the Constitution, it shall be considered void. Hence, statement 2 is correct.

— Article 213 deals with the broadly analogous powers of the Governor to promulgate/ withdraw an Ordinance when the state legislature is not in session.

Therefore, option (b) is the correct answer.

4. (c)

FYI:

— Article 15 guarantees the Fundamental Right of prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth. Articles 15(1) and (2) broadly state that the “State” shall not discriminate “any citizen” on grounds only of religion, race, caste, sex, place of birth or any of them; and there shall be no restriction on any person to access and use the public places and places of public resort maintained wholly or partly by the state or dedicated to the use of the general public.

— Articles 15(3) and 15(4) are the foundation for reservations in education and employment in the country. Article 15(3) empowers the state to make special provisions for women and children; Article 15(4) empowers the state to make special provisions for the advancement of socially and educationally backwards, and SC/STs.

— Article 15(5) was introduced by The Constitution (Ninety-Third Amendment) Act, 2005. It is an enabling clause that empowers the state to make such provision for the advancement of SC, ST and Socially and Educationally Backward Classes (SEBC) of citizens in relation to a specific subject, namely, admission to educational institutions including private educational institutions whether aided or unaided by the State notwithstanding the provisions of Article 19(1)(g).

Therefore, option (c) is the correct answer.

(Other Source: Constitution of India)

5. (d)

FYI:

— Article 48A of the Constitution of India provides for the protection and improvement of environment and safeguarding of forests and wild life.

— The State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country.

Therefore, option (d) is the correct answer.

(Source: Constitution of India)

Previous Daily Subject-Wise-Quiz

Daily subject-wise quiz — Polity and Governance (Week 17)

Daily Subject-wise quiz — History, Culture, and Social Issues (Week 17)

Daily subject-wise quiz — Environment, Geography, Science and Technology (Week 17)

Daily subject-wise quiz — Economy (Week 17)

Daily subject-wise quiz – International Relations (Week 17)

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