Insights Static Quiz -85, 2018
Polity and Rights issues
INSIGHTS IAS QUIZ ON STATIC SYLLABUS - 2018
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Question 1 of 4
1. Question
Which of the following relates to the doctrine of basic structure
- Waman Rao case
- Shankari Prasad case
- Minerva mills case
Select the right code
Correct
Answer – c
- In the Shankari Prasad case (1951), the constitutional validity of the First Amendment Act (1951), which curtailed the right to property, was challenged. The Supreme Court ruled that the power of the Parliament to amend the Constitution under Article 368 also includes the power to amend Fundamental Rights. The word ‘law’ in Article 13 includes only ordinary laws and not the constitutional amendment acts (constituent laws)
- Supreme Court in the Minerva Mills case (1980) invalidated the provision of 42nd amendment which excluded judicial review of constitutional amendments, as it excluded judicial review which is a ‘basic feature’ of the Constitution.
- In the Waman Rao case (1981), the Supreme Court adhered to the doctrine of the ‘basic structure’ and further clarified that it would apply to constitutional amendments enacted after April 24, 1973 (i.e., the date of the judgement in the Kesavananda Bharati case).
Source – Chapter 11, Laxmikant
GS 2 – Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure
- A question on the events leading to basic structure doctrine can be asked
Incorrect
Answer – c
- In the Shankari Prasad case (1951), the constitutional validity of the First Amendment Act (1951), which curtailed the right to property, was challenged. The Supreme Court ruled that the power of the Parliament to amend the Constitution under Article 368 also includes the power to amend Fundamental Rights. The word ‘law’ in Article 13 includes only ordinary laws and not the constitutional amendment acts (constituent laws)
- Supreme Court in the Minerva Mills case (1980) invalidated the provision of 42nd amendment which excluded judicial review of constitutional amendments, as it excluded judicial review which is a ‘basic feature’ of the Constitution.
- In the Waman Rao case (1981), the Supreme Court adhered to the doctrine of the ‘basic structure’ and further clarified that it would apply to constitutional amendments enacted after April 24, 1973 (i.e., the date of the judgement in the Kesavananda Bharati case).
Source – Chapter 11, Laxmikant
GS 2 – Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure
- A question on the events leading to basic structure doctrine can be asked
-
Question 2 of 4
2. Question
With respect to constitutional amendment procedure, consider the following
- The bill for such a purpose requires prior consent of the President
- A private member cannot introduce such bill in Parliament
- President can return the bill only once after which he has to assent compulsorily
Which of the above is/are correct
Correct
Answer – b
- The bill can be introduced either by a minister or by a private member and does not require prior permission of the president.
- The president must give his assent to the bill. He can neither withhold his assent to the bill nor return the bill for reconsideration of the Parliament
Source – Chapter 10, Laxmikant
GS 2 – Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure
- Procedure of amendment can be asked. Read the details from the book. Also read criticism of the procedure.
Incorrect
Answer – b
- The bill can be introduced either by a minister or by a private member and does not require prior permission of the president.
- The president must give his assent to the bill. He can neither withhold his assent to the bill nor return the bill for reconsideration of the Parliament
Source – Chapter 10, Laxmikant
GS 2 – Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure
- Procedure of amendment can be asked. Read the details from the book. Also read criticism of the procedure.
-
Question 3 of 4
3. Question
With respect to Fundamental Duties, consider the following
- They were incorporated in the Constitution after the National Emergency
- Swaran Singh Committee suggested penal provisions for not adhering to duties
- Unlike Fundamental rights, these are not applicable to non-citizen residents of the country
Which of the above is/are correct
Correct
Answer – b
- In 1976, the Congress Party set up the Sardar Swaran Singh Committee to make recommendations about fundamental duties, the need and necessity of which was felt during the operation of the internal emergency (1975–1977). Congress Government at Centre accepted these recommendations and enacted the 42nd Constitutional Amendment Act in 1976. This amendment added a new part, namely, Part IVA to the Constitution. This new part consists of only one Article, that is, Article 51A which for the first time specified a code of ten fundamental duties of the citizens
- Unlike some of the Fundamental Rights which extend to all persons whether citizens or foreigners, the Fundamental Duties are confined to citizens only and do not extend to foreigners.
- Certain recommendations of the Committee were not accepted by the Congress Party and hence, not incorporated in the Constitution.
- Parliament may provide for the imposition of such penalty or punishment as may be considered appropriate for any non-compliance with or refusal to observe any of the duties
- Duty to pay taxes should also be a Fundamental Duty of the citizens
Source – Chapter 9, Laxmikant
GS 2 – Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure
- Most importantly, mug up the list of fundamental duties and use them in answers wherever they fit in any GS paper or essay
- The features of fundamental duties can also be asked to elaborate upon. For example, UPSC has asked previously to comment on the statement that Fundamental Duties are just the precepts of Indian culture and values. There the first thing one need to answer is the list and the ability to link them with knowledge of India’s rich historical past.
- Also be aware about their significance and the criticism that they have invited.
Incorrect
Answer – b
- In 1976, the Congress Party set up the Sardar Swaran Singh Committee to make recommendations about fundamental duties, the need and necessity of which was felt during the operation of the internal emergency (1975–1977). Congress Government at Centre accepted these recommendations and enacted the 42nd Constitutional Amendment Act in 1976. This amendment added a new part, namely, Part IVA to the Constitution. This new part consists of only one Article, that is, Article 51A which for the first time specified a code of ten fundamental duties of the citizens
- Unlike some of the Fundamental Rights which extend to all persons whether citizens or foreigners, the Fundamental Duties are confined to citizens only and do not extend to foreigners.
- Certain recommendations of the Committee were not accepted by the Congress Party and hence, not incorporated in the Constitution.
- Parliament may provide for the imposition of such penalty or punishment as may be considered appropriate for any non-compliance with or refusal to observe any of the duties
- Duty to pay taxes should also be a Fundamental Duty of the citizens
Source – Chapter 9, Laxmikant
GS 2 – Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure
- Most importantly, mug up the list of fundamental duties and use them in answers wherever they fit in any GS paper or essay
- The features of fundamental duties can also be asked to elaborate upon. For example, UPSC has asked previously to comment on the statement that Fundamental Duties are just the precepts of Indian culture and values. There the first thing one need to answer is the list and the ability to link them with knowledge of India’s rich historical past.
- Also be aware about their significance and the criticism that they have invited.
-
Question 4 of 4
4. Question
Consider the following statements about constitutional governance in British India
- Regulating Act of 1773 made Governors of Bombay and Madras as independent of Bengal
- East India Company territories were for the first time called ‘British possessions’ in 1784 Act
- Legislative and executive functions were separated in 1853 Charter Act
Which of the following is/are true
Correct
Answer – c
- Regulating Act of 1773 designated the Governor of Bengal as the ‘Governor-General of Bengal’. It also made the governors of Bombay and Madras presidencies subordinate to the governor general of Bengal, unlike earlier, when the three presidencies were independent of one another
- Company’s territories in India were for the first time called the ‘British possessions in India’ in 1784 Pitts Act. However 1833 Charter Act ended the activities of the East India Company as a commercial body, which became a purely administrative body. It provided that the company’s territories in India were held by it ‘in trust for His Majesty, His heirs and successors’.
- 1853 Charter Act separated, for the first time, the legislative and executive functions of the Governor General’s council. It provided for addition of six new members called legislative councillors to the council.
Source – Chapter 1, Laxmikant
GS 2 – Indian Constitution – Historical underpinnings and evolution
- Regulating Act of 1773 for the first time laid down the foundation of central administration for the first time in modern India, which paved the way for modern Indian state. It has its implications on contemporary federalism as well.
- 1853 Act can be construed as an important constitutional development as the principle of separation of powers got its traction for the first time between legislature and executive. It also demonstrates how Indian people struggled for their representation in law making then, if not in governance. Also appraise its link with 1857 revolt link.
Incorrect
Answer – c
- Regulating Act of 1773 designated the Governor of Bengal as the ‘Governor-General of Bengal’. It also made the governors of Bombay and Madras presidencies subordinate to the governor general of Bengal, unlike earlier, when the three presidencies were independent of one another
- Company’s territories in India were for the first time called the ‘British possessions in India’ in 1784 Pitts Act. However 1833 Charter Act ended the activities of the East India Company as a commercial body, which became a purely administrative body. It provided that the company’s territories in India were held by it ‘in trust for His Majesty, His heirs and successors’.
- 1853 Charter Act separated, for the first time, the legislative and executive functions of the Governor General’s council. It provided for addition of six new members called legislative councillors to the council.
Source – Chapter 1, Laxmikant
GS 2 – Indian Constitution – Historical underpinnings and evolution
- Regulating Act of 1773 for the first time laid down the foundation of central administration for the first time in modern India, which paved the way for modern Indian state. It has its implications on contemporary federalism as well.
- 1853 Act can be construed as an important constitutional development as the principle of separation of powers got its traction for the first time between legislature and executive. It also demonstrates how Indian people struggled for their representation in law making then, if not in governance. Also appraise its link with 1857 revolt link.








