UPSC Static Quiz – Polity : 11 June 2025

Solution: d)

• Constitutionalism is a political philosophy that advocates for government according to a constitution, implying that the powers of the government are limited and defined by that constitution.
• It is not merely about the existence of a written constitution (Option a), as a constitution could theoretically grant unlimited powers or be easily alterable to serve autocratic ends (Option c).
• Option (b) describes parliamentary sovereignty, which can exist without robust constitutionalism if there are no effective checks on parliamentary power.
• The core of constitutionalism lies in limited government, the rule of law, protection of fundamental rights, and mechanisms for accountability.
• It ensures that the state operates within a framework that prevents arbitrariness and safeguards individual liberties.
• Key principles include popular sovereignty, an independent judiciary, separation of powers, and a responsible and accountable government.

Solution: a)

• The Rule of Law is a fundamental principle of constitutionalism.
• Statement 1 is correct as it signifies the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power, and excludes the existence of arbitrariness, prerogative, or even wide discretionary authority on the part of the government.
• Statement 2 is correct because a core aspect of the Rule of Law is equality before the law, meaning no person is above the law, and all are subject to the jurisdiction of ordinary courts. This includes government officials who must act within the confines of the law.

Statement 3 is incorrect. While procedural fairness (due process in its procedural aspect) is an important component of the Rule of Law, the concept, especially in modern interpretations, also encompasses aspects of substantive justice. It ensures that laws themselves are fair, just, and reasonable, and not merely that procedures are correctly followed. Constitutionalism, through the Rule of Law, aims to prevent tyranny and protect individual rights, which often involves substantive elements.

Solution: a)

• Statement-I is correct. An independent judiciary is a cornerstone of constitutionalism. Constitutionalism thrives on the principle of limited government and the rule of law. An independent judiciary, free from executive and legislative influence, is essential to interpret the Constitution, safeguard fundamental rights, and ensure that other branches of government operate within their constitutional limits. Without an independent judiciary, the checks and balances crucial for constitutional governance would be ineffective.

Statement-II is also correct. Judicial review is the power of the judiciary to examine the constitutionality of legislative enactments and executive orders of both the Central and State governments. If found to be violative of the Constitution (ultra vires), they can be declared illegal, unconstitutional, and invalid (null and void) by the judiciary. This power is a key instrument through which the judiciary upholds the supremacy of the Constitution and enforces constitutional limitations.

Solution: c)

Option 4 is incorrect.

Constitutionalism encompasses several key principles aimed at limiting government power and ensuring governance according to a constitution.

1. Popular Sovereignty is a fundamental principle, asserting that the ultimate power resides with the people who choose their representatives.
2. Separation of Powers among the legislative, executive, and judicial branches is crucial to prevent concentration of authority and establish checks and balances.
3. Civilian control of the military implies that elected civilian officials have authority over the military, ensuring it serves national interests rather than seizing power.
4. While a written constitution is often a key feature of a constitutional state, and some degree of rigidity can protect fundamental principles, neither a written form nor extreme rigidity is universally essential for the concept of constitutionalism to exist. For example, the UK has an unwritten constitution but practices constitutionalism. The degree of rigidity can also vary.

Solution: b)

‘Police Accountability’ is a vital principle of constitutionalism, emphasizing that law enforcement agencies must operate within the law and be accountable for their actions to prevent misuse of power and maintain public trust.

Option (b) directly illustrates a challenge to police accountability. Custodial violence is a severe misuse of power. If allegations are not independently and promptly investigated, and if there is a lack of prosecution for errant officers, it signifies a breakdown in the mechanisms designed to hold police accountable for their actions. This erodes public trust and undermines the rule of law, which are central to constitutionalism. Lack of effective investigation and prosecution creates an environment of impunity, directly contradicting the principle of police accountability.