UPSC IAS / IPS - MCQ Practice Questions

The Preamble mentions justice (social, economic, political), liberty, equality, and fraternity.

The right to property is a legal right but was removed from the list of Fundamental Rights by the 44th Amendment (1978).

It is now only a constitutional right under Article 300-A, not explicitly in the Preamble.

Article 12 defines State to include the Government and Parliament of India, State Governments, State Legislatures, and all local authorities.

Private companies and voluntary organizations are NOT considered part of the State, though they may be bound by constitutional principles in certain contexts (doctrine of vertical effect).

Fundamental Rights primarily bind the State, not private entities.

Article 32 grants the right to move the Supreme Court of India directly for the enforcement of Fundamental Rights.

This is a exclusive remedy available before the Supreme Court.

High Courts have similar powers under Article 226 for enforcement of constitutional rights, but Article 32 specifically vests exclusive jurisdiction in the Supreme Court.

Article 45 of the DPSP directs the State to provide free and compulsory education to all children until they attain 14 years of age.

This was later enforced through the Right to Free and Compulsory Education Act, 2009.

Article 46 deals with advancement of SCs/STs, Article 47 with health, and Article 48 with agriculture.

The 61st Amendment Act of 1988 reduced the voting age from 21 years to 18 years, amending Article 326 of the Constitution.

This made India one of the countries with the lowest voting age.

The 42nd Amendment was the 'Mini Constitution,' the 73rd was on Panchayats, and the 86th was on Right to Education.

The 73rd Amendment Act, 1992 (which inserted Article 243E) provides that every Panchayat shall continue for five years from the date of its constitution and shall stand dissolved after the expiry of this period.

Provisions are made for elections to the new Panchayat to be conducted before the dissolution of the old one.

Article 324 vests the superintendence, direction, and conduct of elections in the Election Commission.

It provides that the Chief Election Commissioner shall be appointed by the President, and the President shall also appoint other Election Commissioners.

Articles 325-329 deal with other aspects of elections (qualifications, electoral rolls, etc.).

Article 37 states that nothing in the DPSP shall be enforceable by any court, while Article 13 makes laws violating Fundamental Rights void.

However, the Supreme Court has evolved the doctrine of 'harmonious construction,' attempting to balance both.

In landmark cases like Kesavananda Bharati (1973), the Court established that Fundamental Rights cannot be completely overridden, but DPSP can limit their scope.

Each case is examined individually for constitutional validity.

Article 72 grants the President the power to grant pardons, reprieves, respites, and remissions.

However, the article specifically provides that this power 'shall not extend to the punishment prescribed for an offense by the law of, or made by authority under, a law of, a State.' More importantly, Article 72(1)(c) states that the power shall not extend to cases where the punishment is by way of impeachment by Parliament.

The President exercises this power on the advice of the Cabinet/Prime Minister.

The 44th Amendment Act, 1978 removed the Right to Property (Article 31) from the list of Fundamental Rights and converted it into a constitutional right under Article 300-A.

The term 'socialist' was added by the 42nd Amendment (1976), not the 44th. DPSP was part of the original Constitution (Part IV).

The 61st Amendment (1988), not the 44th, reduced voting age to 18.

Article 32 grants the Supreme Court power to issue all five types of writs: Habeas Corpus (release from unlawful detention), Mandamus (to compel performance of duty), Prohibition (to prevent ultra vires action), Certiorari (to quash orders), and Quo Warranto (to question authority).

These are crucial remedies for enforcing Fundamental Rights.

Article 39A, inserted by the 42nd Amendment (1976), specifically mandates that the State shall secure free legal aid for economically weaker citizens.

This DPSP recognizes that justice should be accessible to all, regardless of economic status.

Under Article 85(2), the President has the power to dissolve the Lok Sabha on the advice of the Prime Minister.

However, this is a constitutional power exercised on ministerial advice.

The President cannot dissolve the Lok Sabha without PM's recommendation, reflecting parliamentary sovereignty.

Article 75(3) establishes that the Council of Ministers is collectively responsible to the Lok Sabha.

However, option B is partially correct (6 months under Article 75(4)), but the complete collective responsibility principle is the most fundamental feature.

Option A is incorrect as Rajya Sabha members can be Ministers.

The 73rd Amendment (1992) doesn't mandate mandatory inclusion of all agricultural workers in Gram Sabha.

It established three-tier Panchayats (village, block, district), ensured one-third reservation for women (amended to include SC/ST), and fixed a five-year term.

Gram Sabha participation is voluntary, not mandatory for specific categories.

Article 124(4) and Article 217(1) provide for removal of Supreme Court and High Court judges respectively, on grounds of proved misbehavior or incapacity.

This requires a motion in both Houses of Parliament, investigation by a committee, and approval by $\frac{2}{3}$ majority of members present and voting.

This is a rigorous impeachment process.

The 42nd Amendment (1976) significantly modified the Preamble, added Article 39A, and amended Article 368.

However, Article 21 was NOT directly modified by the 42nd Amendment.

The expansion of Article 21 to include right to life with dignity came through judicial interpretation, particularly in later judgments like Maneka Gandhi v.

Union of India (1978).

While Article 37 states that DPSPs are not enforceable in courts, the Supreme Court has evolved the doctrine of harmonious construction, attempting to give effect to both.

However, generally Fundamental Rights take precedence.

In cases like Kerala Education Bill, the Court balanced both.

The Constitution itself recognizes potential conflict by making FR enforceable and DPSP non-enforceable.

Article 371 contains special provisions for states like Maharashtra (371-A), Gujarat (371-B), Nagaland (371-A), Manipur (371-B), Telangana (371-D), and others.

Goa doesn't have a specific Article 371 clause, though it has special constitutional status from other provisions.

The special articles were created to address unique historical, cultural, and administrative needs of these states.

The 42nd Amendment Act (1976) added three significant words to the Preamble: 'Socialist' (before 'Democratic'), 'Secular' (after 'Sovereign'), and 'Integrity' (after 'Unity').

These additions were made during the Emergency period under PM Indira Gandhi and represented a major constitutional amendment.