UPSC Static Quiz – Polity : 9 July 2025

Solution: B

Contemporary challenges to constitutionalism in India are multifaceted.

• Statement 1 is correct. While the power to promulgate ordinances is a constitutional provision (Article 123 for the President, Article 213 for Governors), its frequent or excessive use, bypassing normal legislative scrutiny and debate, can be seen as undermining the legislative process. This can challenge the principle of separation of powers, where law-making is primarily the legislature’s domain.
• Statement 2 is correct. An independent judiciary is vital for constitutionalism. Delays in judicial appointments, or perceptions of executive interference in the appointment process or in the functioning of the judiciary, can raise concerns about its independence and its ability to act as an effective check on other branches of government.
• Statement 3 is incorrect. While coalition governments can sometimes lead to more debate and checks due to diverse interests, they do not “invariably” strengthen constitutional checks and balances. Strong coalition governments can also lead to policy paralysis or, conversely, a dominant coalition partner might exert undue influence. The impact of coalition governments on constitutionalism is complex and context-dependent, not invariably positive. Sometimes, the compulsions of coalition politics can also lead to compromises on constitutional principles.

Solution: B

• Constitutionalism aims to ensure governance according to the letter and spirit of the constitution. However, its practical application can face limitations.
• Option (a) is a characteristic, not necessarily a limitation of constitutionalism itself, though complexity can pose challenges.
• Option (c) is not entirely accurate; the Indian Constitution has a blend of rigidity and flexibility in its amendment process.
• Option (d) is incorrect; Fundamental Rights in India are not absolute and are subject to reasonable restrictions.
• Option (b) accurately reflects a significant limitation. Constitutionalism is not just about having constitutional rules and procedures but also about their substantive observance. There can be instances where governmental actions formally comply with procedures (e.g., passing a law through the legislature) but the law itself or its application might violate the underlying spirit of constitutional principles like equality, liberty, or justice.

This gap between formal adherence and substantive compliance is a recognized challenge in the practical realization of constitutionalism. For example, laws might be passed that are procedurally correct but are criticized for being discriminatory or for unduly restricting freedoms, thereby challenging the spirit of constitutionalism.

Solution: C

• Statement-I is correct. A defining feature of a federal system is the constitutional division of powers between two levels of government – the central/federal government and the regional/state governments. Both levels are coordinate and operate in their respective spheres as assigned by the constitution.27
• Statement-II is incorrect. While India has a federal structure with a constitutional division of powers (e.g., Seventh Schedule), it is not considered a perfect example of a classical federal system. The Indian Constitution exhibits strong unitary or centralizing tendencies, such as a strong Centre, single citizenship, appointment of Governors by the President, emergency provisions that can turn the system unitary, and Parliament’s power to legislate on state subjects under certain conditions. States in India do not enjoy absolute autonomy; their powers are subject to various constitutional limitations and central oversight. India is often described as ‘quasi-federal’ or a ‘federation with unitary bias’.

Solution: A

Statement 1 is incorrect. The Supreme Court has held that the right to propagate religion under Article 25 does not include the right to convert another person to one’s own religion by means of force, fraud, or allurement. Forcible conversions impinge on the ‘freedom of conscience’ of the person being converted, which is also guaranteed under Article 25.

Statement 2 is incorrect. Article 26 grants every religious denomination or any section thereof the right to manage its own affairs in matters of religion. However, this right is subject to public order, morality, and health. It is not an absolute right and the State can regulate secular activities associated with religious practices.

Statement 3 is correct. Article 28(1) explicitly states that no religious instruction shall be provided in any educational institution wholly maintained out of State funds. However, this prohibition does not apply to an educational institution administered by the State but established under any endowment or trust which requires that religious instruction shall be imparted in such institution (Article 28(2)).

Solution: C

• Statement 1 is correct. Article 94(c) provides that the Speaker can be removed from his office by a resolution of the Lok Sabha passed by an effective majority (a majority of all the then members of the House). A crucial procedural safeguard is that at least 14 days’ advance notice must be given of the intention to move the resolution.
• Statement 2 is correct. Article 96(1) explicitly states that while a resolution for the removal of the Speaker from his office is under consideration, the Speaker shall not preside. The same applies to the Deputy Speaker if a resolution for his removal is being considered. He can, however, remain present in the House.
• Statement 3 is correct. Article 96(2) clarifies the rights of the Speaker during the consideration of a removal resolution. It states that he shall have the right to speak and to otherwise take part in the proceedings of the House. Crucially, it also states that he “shall… be entitled to vote only in the first instance on such resolution or on any other matter during such proceedings but not in the case of an equality of votes.” This is an exception to his normal role where he does not vote in the first instance but only exercises a casting vote in case of a tie.
• Statement 4 is incorrect. According to the proviso to Article 94, whenever the Lok Sabha is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the new Lok Sabha after the dissolution. This provision ensures that the office of the Speaker, which represents the House itself, remains occupied during the interim period between the dissolution of one Lok Sabha and the constitution of the next.