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INDIAN CONSTITUTION AT WORK MCQs

Constitutional Framework, Making Of Indian Constitution And Its Development

Total Questions : 371 | Page 5 of 38 pages
Question 41. Q. In the context of the Division of powers in Indian federal setup, which of the following statements is incorrect?
  1.    The Division of powers between Union and States has been provided in the Constitution.
  2.    Equanimity in economic and financial powers between the central and State government.
  3.    Disputes relating to Division of powers are dealt with by the Judiciary.
  4.    Both Union and State can make laws on matters under Concurrent List.
 Discuss Question
Answer: Option B. -> Equanimity in economic and financial powers between the central and State government.
:
B
Explanation:
Statement 1 is correct: There are two sets of government created by the IndianConstitution: one for the entire nation called the union government (central government) and one for each unitor State called the State government. Both of these have constitutional status and clearly identified areas of activity.
Statement 2 is Incorrect: One of the important aspects of this division of powers is that economic and financial powers are centralised in the hands of the central government by the Constitution. The States have immense responsibilities but very meagre revenue sources.
Statement 3 is correct:If there is any dispute about which powers come under the control of the union and which under the States, this can be resolved by the Judiciary on the basis of the constitutional provisions.
Statement 4 is correct: Concurrent List Includes Subjects like,

  • Education

  • Transfer of Property other than Agricultural land

  • Fores

  • Trade Union

  • Adulteration

  • Adoption and Succession


Both the Union and State Legislature can make laws on these matters.
Question 42. Q. With reference to The Election Commission of India, Consider the following Statements:

  1. Allotting symbols to Political parties

  2. Determining Model Code of Conduct

  3. Settling all election disputes among parties.


Which of the above given functions is/are performed by the Election Commission?
  1.    1 only
  2.    1 and 3 only
  3.    1, 2 and 3
  4.    1 and 2 only
 Discuss Question
Answer: Option D. -> 1 and 2 only
:
D
Explanation:
Among the major Constitutional Bodies in India, Election Commission is a permanent Constitutional Body. It was established in accordance with the Constitution on 25th January 1950.
Statements 1 and 2 are correct :The Constitution has vested to this body superintendence, direction and control of the entire process for conduct of elections.
The Commission’s functions and powers with respect to elections to the offices of the President, the Vice President, the state legislators and the Parliament is divided under three headings:

  • Administrative

  • Advisory

  • Quasi-judicial


In details, these powers and functions are:

  • Determining the Electoral Constituencies’ territorial areas throughout the country on the basis of the Delimitation Commission Act of Parliament.

  • Preparing and periodically revising electoral rolls and registering all eligible voters.

  • Notifying the schedules and dates of elections and scrutinising nomination papers.

  • Granting recognition to the various political parties and allocating them election symbols.

  • Acting as a court to settle disputes concerning the granting of recognition to political parties and allocating election symbols to the parties.

  • Appointing officers for inquiring into disputes concerning electoral arrangements.

  • Determining the code of conduct to be followed by the political parties and candidates during elections.


Statement 3 is incorrect: All doubts and disputes relating to the elections to the office of President and Vice-President are dealt with by the Supreme Court (Article 71), whereas the initial jurisdiction to deal with all doubts and disputes relating to the elections to Parliament and State Legislatures vests in the High Court of the State.
Question 43. Q. Which of the following Schedules of the Constitution deals with the list of functions or subject matters of the Municipality?
  1.    IXth Schedule
  2.    XIIth Schedule
  3.    XIth Schedule
  4.    VIIIth Schedule
 Discuss Question
Answer: Option B. -> XIIth Schedule
:
B
Explanation:
The 74th amendment dealt with urban local bodies or Nagarpalikas The Constitution also mandated the transfer of a list of functions from the State government to the urban local bodies. These functions have been listed in the Twelfth Schedule of the Constitution.
Question 44. Q. In the context of Executive in India, the 'Doctrine of Collective responsibility' applies to whom, among the following?
  1.    Members of Lok Sabha
  2.    Council of Ministers
  3.    Members of Parliamentary Committee
  4.    Cabinet Ministers only
 Discuss Question
Answer: Option B. -> Council of Ministers
:
B
Explanation:
The Council of Ministers is collectively responsible to the LokSabha. This provision means that when a Ministry loses confidence of the Lok Sabha, the whole council of ministers is obliged to resign. The principle indicates that the ministry is an executive committee of the Parliament and it collectively governs on behalf of the Parliament. Collective responsibility is based on the principle of the solidarity of the cabinet. It implies that a vote of no confidence even against a single minister leads to the resignation of the entire Council of Ministers. It also indicates that if a minister does not agree with a policy or decision of the cabinet, he or she must either accept the decision or resign. It is binding on all ministers to pursue or agree to a policy for which there is collective responsibility.
Question 45. Q. With reference to the Preamble to the Indian Constitution, consider the following:

  1. Socio-economic Justice

  2. Equality of opportunity

  3. Universal Brotherhood

  4. Integrity of the nation


Which of the above does not find a mention in the Preamble?
  1.    1, 3 and 4 only
  2.    3 and 4 only
  3.    3 only
  4.    2 and 3 only
 Discuss Question
Answer: Option C. -> 3 only
:
C
Explanation:
Q. With Reference To The Preamble To The Indian Constitutio...
Question 46. Q. Consider the following Statements with reference to Anti Defection Law:

  1. A member remains absent from the house when asked by party leadership to be present.

  2. When a member voluntarily leaves membership of his party

  3. If any member who is independently elected, joins any party.


Which of the above given provisions attract disqualification under anti-defection law?
  1.    1 and 2 only
  2.    1 and 3 only
  3.    1 only
  4.    1, 2 and 3
 Discuss Question
Answer: Option D. -> 1, 2 and 3
:
D
Explanation:
An amendment to the Constitution was made (52ndamendment act) in 1985. This is known as the anti-defection amendment. It has also been subsequently modified by the 91st amendment. The presiding officer of the House is the authority who makes final decisions on all such cases.If it is proved that a member has ‘defected’, then such a member loses the membership of the House. Besides, such a person is also disqualified from holding any political office like ministership, etc.
The following provisions are Grounds for disqualification:

  • If a member remains absent in the House when asked by the party leadership to remain present or

  • votes against the instructions of the party or

  • voluntarily leaves the membership of the party, or

  • If any member who is independently elected joins any party

  • If any nominated member joins any political party after the end of 6 months


Thus all the three statements invite disqualification under defection law
Question 47. Q. Consider the following:

  1. To safeguard public property and to abjure violence.

  2. To provide free legal aid to the poor.

  3. Protection of monuments, places and objects of artistic and Historical value.

  4. To protect and improve the natural environment including forests, lakes,rivers, wildlife.


Which of the above given form a part of Fundamental Duties in our Constitution?
  1.    1 and 2 only
  2.    1 and 4 only
  3.    2,3 and 4 only
  4.    1, 2, 3 and 4
 Discuss Question
Answer: Option B. -> 1 and 4 only
:
B
Explanation:
Statement 1 and 4: The Fundamental Duties mentioned in the Constitution are:
It shall be the duty of every citizen of India —

  • To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;

  • To cherish and follow the noble ideals which inspired our national struggle for freedom;

  • To uphold and protect the sovereignty, unity and integrity of India;

  • To defend the country and render national service when called upon to do so;

  • 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;

  • To value and preserve the rich heritage of our composite culture;

  • To protect and improve the natural environment including forests, lakes, rivers, wildlife and to have compassion for living creatures;

  • To develop the scientific temper, humanism and the spirit of inquiry and reform;

  • To safeguard public property and to abjure violence;

  • 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;

  • 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 to fourteen years


Statement 2 and 3: Article 39A under Directive Principles of State Policy provides for Equal Justice and Free legal aid to the poor. While Article 49 under the Directive Principles provides for Protection of monuments, places, and objects of National importance and Historical and artistic value.
Question 48. Q. With reference to the 73rd Constitutional amendment act, consider the following Statements:

  1. It provides for reservation of one third of  position in all panchayat institutions for women

  2. It is compulsory for the States to provide reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes at all levels.

  3. It became mandatory for all the States to implement some of the provisions of the Act all over their territory, within one year of its enactment.


Which of the above given statements is/are correct?
  1.    1 and 3 only
  2.    1 and 2 only
  3.    1 only
  4.    1, 2 and 3
 Discuss Question
Answer: Option C. -> 1 only
:
C
Explanation:
Statement 1 is correct: The 73rd Constitutional amendment act seeks to provide that One third of the positions in all panchayat institutions are to be reserved for women. This also includes the position of Chairperson of Panchayati Raj Institutions.
Statement 2 is Incorrect: Reservations for Scheduled Castes And Scheduled Tribes are also provided for at all the three levels, in proportion to their population, If the States find it necessary, they can also provide for reservations for the other backward classes (OBCs).Provisions of reservation to OBC is voluntary for the States and there is no such mandate given by the Act.
Statement 3 is incorrect: The provisions of the 73rd amendment were not made applicable to the areas inhabited by the Adivasi Populations in many States of India. In 1996, a separate act was passed extending the provisions of the Panchayatsystem to these areas. Many Adivasi communities have their traditional customs of managing common resources such as forests and small water reservoirs, etc. Therefore,the new act protects the rights of these communities to manage their resources in ways acceptable to them. For This purpose, more powers are given to the Gram Sabhasof these areas and elected village panchayats have to get the consent of the Gram Sabha in many respects. The Idea behind this act is that local traditions of self government should be protected while introducing modern elected bodies.
Question 49. Q. Who among the following is vested with power to refer a matter to the Supreme Court under Advisory Jurisdiction?
  1.    Prime Minister
  2.    Parliament
  3.    President
  4.    Council of Ministers
 Discuss Question
Answer: Option C. -> President
:
C
Explanation:
In addition to original and appellate jurisdiction, theSupreme Court of India possesses advisory jurisdiction also. This means that the President of India can refer any matter that is of public importance or that involves interpretation of the Constitution to the Supreme Court for advice. However, the Supreme Court is not bound to give advice on such matters and the President is not bound to accept such advice.
Question 50. Q. With reference to the Constituent Assembly, Consider the following Statements:

  1. The members of the Constituent Assembly were chosen by direct elections.

  2. It was composed along the lines of the Cabinet Mission Plan.

  3. The Constituent Assembly moved the Objective Resolution.


Which of the above given statements is/are correct?
  1.    1 and 3 only
  2.    2 and 3 only
  3.    1 and 2 only
  4.    3 only
 Discuss Question
Answer: Option B. -> 2 and 3 only
:
B
Explanation:
Statement 1 is incorrect: The Constituent Assembly held its first sitting on 9th December, 1946. Its members were chosen by indirect election by the members of the Provincial Legislative Assemblies that had been established under the Government of India Act, 1935.
Statement 2 is correct: The Constituent Assembly was composed roughly along the lines suggested by the plan proposed by the committee of the British cabinet, known as the Cabinet Mission.
Statement 3 is correct: Perhaps the best summary of the principles that the nationalist movement brought to the Constituent Assembly is the Objectives Resolution (the resolution that defined the aims of the Assembly) moved by Nehru in1946. This resolution encapsulated the aspirations and values behind the Constitution. What the previous section terms as substantive provisions of the constitution is inspired by and summed up by the values incorporated in the Objectives Resolution.

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