14 November 2023

Q1. Consider the following statements about Fundamental Rights:

• They promote the idea of social and economic democracy.
• They are sacrosanct and permanent.
• Most of them are directly enforceable while a few are enforced by a law made by the parliament and state legislatures.

Which of the above statements is/are incorrect:

1. 1 only
2. 1, 2
3. 2, 3
4. 1, 2, 3

• Solution:

(D)

• Fundamental Rights are not absolute and subject to reasonable restrictions.
• Further, they are not sacrosanct and can be curtailed or repealed by the Parliament through a constitutional amendment act.
• They promote the idea of political democracy.
• DPSP promote the idea of social and economic democracy.
• Most of them are directly enforceable (self-executory) while a few of them can be enforced on the basis of a law made for giving effect to them.
• Such a law can be made only by the Parliament and not by state legislatures so that uniformity throughout the country is maintained (Article 35).

Q2. Which of the following is/are the functions of National Human Rights Commission (NHRC):

• To intervene in any proceeding involving allegation of violation of human rights pending before a court.
• To undertake and promote research in the field of human rights.
• To inquire into any violation of human rights or negligence in the prevention of such violation by a public servant, however, only on a petition presented to it or on an order of a court but not Suo motu.
• To visit jails and detention places to study the living conditions of inmates and make recommendation thereon.

Select the correct answer codes:

1. 1, 2, 3
2. 1, 3, 4
3. 1, 2, 4
4. 1, 2, 3, 4

• Solution:

(C)

• The National Human Rights Commission is a statutory but non-constitutional body.
• It was established in 1993 under a legislation enacted by the Parliament, namely, the Protection of Human Rights Act, 1993.
• The functions of the National Human Rights Commission (NHRC) are:
• To inquire into any violation of human rights or negligence in the prevention of such violation by a public servant, either suo motu or on a petition presented to it or on an order of a court.
• To intervene in any proceeding involving allegation of violation of human rights pending before a court.
• To visit jails and detention places to study the living conditions of inmates and make recommendation thereon.
• To review the constitutional and other legal safeguards for the protection of human rights and recommend measures for their effective implementation.
• To review the factors including acts of terrorism that inhibit the enjoyment of human rights and recommend remedial measures.
• To study treaties and other international instruments on human rights and make recommendations for their effective implementation.
• To undertake and promote research in the field of human rights.
• To spread human rights literacy among the people and promote awareness of the safeguards available for the protection of these rights.
• To encourage the efforts of non-governmental organisations (NGOs) working in the field of human rights.
• To undertake such other functions as it may consider necessary for the promotion of human rights.

Q3. Consider the following statements regarding Fundamental Rights:

• Fundamental Rights acts as limitations on the tyranny of the executive and arbitrary laws of the legislature.
• The aggrieved person can directly go to the Supreme Court for the restoration of his rights.
• Fundamental Rights are not absolute and not sacrosanct.

Which of the above statements is/are correct:

1. 1, 2
2. 1, 3
3. 2, 3
4. 1, 2, 3

• Solution:

(D)

• The Fundamental Rights are meant for promoting the idea of political democracy.
• They operate as limitations on the tyranny of the executive and arbitrary laws of the legislature.
• They are justiciable in nature, that is, they are enforceable by the courts for their violation.
• The aggrieved person can directly go to the Supreme Court which can issue the writs of habeas corpus, mandamus, prohibition, certiorari and quo warranto for the restoration of his rights.
• However, the Fundamental Rights are not absolute and subject to reasonable restrictions.
• Further, they are not sacrosanct and can be curtailed or repealed by the Parliament through a constitutional amendment act.

Q4. Consider the following statements:

• In the Kesavananda Bharati case, the Supreme Court held that ‘the Indian Constitution is founded on the bedrock of the balance between the Fundamental Rights and the Directive Principles’.
• The Union list contains more subjects than the state list and concurrent list put together.

Which of the above statements is/are correct:

1. 1 only
2. 2 only
3. Both
4. None

• Solution:

(D)

• In the Minerva Mills case (1980), the Supreme Court held that ‘the Indian Constitution is founded on the bedrock of the balance between the Fundamental Rights and the Directive Principles’.
• Presently, the Union List contains 100 subjects (originally 97), the state list contains 61 subjects (originally 66) and the concurrent list contains 52 subjects (originally 47)

Q5. Which of these bodies are envisaged by the Constitution as the bulworks of the democratic system of Government in India:

• Finance Commission
• Union Public Service Commission
• Comptroller and Auditor-General of India
• State Public Service Commission

Select the correct answer code:

1. 1, 2, 3
2. 1, 3, 4
3. 2, 3, 4
4. 1, 2, 3, 4

• Solution:

(C)

• The Indian Constitution not only provides for the legislative, executive and judicial organs of the government (Central and state) but also establishes certain independent bodies.
• They are envisaged by the Constitution as the bulworks of the democratic system of Government in India.
• These are:
• Election Commission to ensure free and fair elections to the Parliament, the state legislatures, the office of President of India and the office of Vice-president of India.
• Comptroller and Auditor-General of India.
• Union Public Service Commission.
• State Public Service Commission.

Q6. The President can dismiss a Cabinet Minister, who is also a MP, with:

1. Consent from the Speaker
2. The recommendation of the Prime Minister
3. A show cause note issued to the Judiciary
4. The application of Doctrine of Pleasure of the President

• Solution:

(B)

• All of the executive authority vested in the President are, in practice, exercised by the Prime Minister with the help of the Council of Ministers.
• So, to dismiss a minister, including cabinet ministers, the President requires the consent of the Prime Minister.
• Without PM’s advice, it would be unconstitutional to remove a minister.

Q7. Consider the following statements:

• Vice-President is a member and chairman of Council of States.
• Vice-President can be removed only through a formal impeachment process similar to that of President.
• Dr S. Radhakrishnan was elected as Vice President continuously for two terms.

Which of the above statements is/are correct:

1. 3 only
2. 1, 3
3. 2, 3
4. 1 only

• Solution:

(A)

• Vice-President is not a member, however he/she is the chairman of Council of States.
• There is no exact procedure mentioned in Indian Constitution for the removal of Vice President.

Q8. Consider the following pairs regarding the sources of the Indian constitution:

• US Constitution: Rule of Law
• British Constitution: Single Citizenship
• Irish Constitution: Directive Principles of State Policy
• French Constitution: Procedure established by law

Which of the above are correctly matched:

1. 1, 2, 3
2. 1, 3, 4
3. 2, 3
4. 2, 3, 4

• Solution:

(C)

• British Constitution– Parliamentary government, Rule of Law, legislative procedure, single citizenship, cabinet system, prerogative writs, parliamentary privileges and bicameralism.
• US Constitution– Fundamental rights, independence of judiciary, judicial review, impeachment of the president, removal of Supreme Court and high court judges and post of Vice-President.
• Irish Constitution– Directive Principles of State Policy, nomination of members to Rajya Sabha and method of election of president.
• Japanese Constitution– Procedure established by Law

Q9. Consider the following statements regarding Lok Sabha:

• Lok Sabha has a normal term of 5 years, after which it automatically dissolves.
• Revocation of National Emergency is the exclusive power of Lok Sabha.
• Dissolution of Lok Sabha by the president is subjected to judicial review.

Which of the above statements is/are correct:

1. 1 only
2. 1, 2
3. 2, 3
4. 1, 2, 3

• Solution:

(A)

• Dissolution of Lok Sabha by the president is not subjected to judicial review. Even President of India can revoke the national emergency.

Q10. The mutual delegation of executive power between centre and states cannot occur:

1. From Centre to State through President
2. From State to Centre through Governor
3. From Centre to State through Parliament
4. From State to Centre through State legislature

• Solution:

(D)

• President may, with the consent of the state government, entrust to that government any of the executive functions of the Centre.
• Conversely, the governor of a state may, with the consent of the Central government, entrust to that government any of the executive functions of the state.
• Constitution also makes a provision for the entrustment of the executive functions of the Centre to a state without the consent of that state.
• But, in this case, the delegation is by the Parliament and not by the president.
• Notably, the same thing cannot be done by the state legislature.