UPSC IAS / IPS - MCQ Practice Questions

Statement 1 is correct - Speaker elected by Lok Sabha members.

Statement 2 is correct - Speaker has casting vote only in case of tie.

Statement 3 is incorrect - Speaker presides over joint sessions.

Statement 4 is incorrect - Speaker can be removed by a resolution supported by majority of total membership, not just a no-confidence motion.

Under Articles 13, 226, and 32, both the Supreme Court and High Courts possess the power of judicial review to declare laws unconstitutional if they violate constitutional provisions.

This is a cornerstone of the Indian constitutional framework and the basic structure doctrine.

Article 368 distinguishes between amendments.

Changes to the language provisions (Part XVII) and other non-fundamental aspects can be amended by Parliament with simple majority.

Federal structure, President's powers, and state representation require special majority and sometimes state ratification under Article 368.

# The 73rd Constitutional Amendment - Expert Solution

The 73rd Constitutional Amendment of 1992 was a landmark legislation that fundamentally restructured India's rural governance framework.

Step 1: Understanding the 73rd Amendment Context

The 73rd Constitutional Amendment was passed in 1992 and came into effect on April 24, 1993. It was designed to revitalize and strengthen the Panchayati Raj system—the three-tier system of local governance at village, block, and district levels across rural India.

Step 2: Key Provisions of the Amendment

The amendment introduced mandatory elections to Panchayati Raj institutions, reserved seats for Scheduled Castes and Scheduled Tribes in proportion to their population, reserved one-third seats for women, devolved financial and administrative powers to local bodies, and established State Election Commissions to conduct Panchayat elections independently.

Step 3: Why Other Options Are Incorrect

Final Answer: (A) Strengthening of Panchayati Raj system ✓

The 73rd Amendment primarily focused on democratic decentralization and empowering village-level governance structures across rural India.

While during National Emergency the President has significant powers, they are not unlimited and subject to judicial review.

The Supreme Court has held (in Kesavananda Bharati case and later judgments) that even emergency powers are subject to constitutional limitations and the basic structure cannot be destroyed.

A Delimitation Commission is constituted by the Government of India under Article 82 (for Lok Sabha) and Article 170 (for State Assemblies) to redraw constituency boundaries.

The most recent Delimitation Commission was constituted in 2008.

The Election Commission implements these delimitations.

The 97th Amendment (2011) inserted Article 19(1)(c) granting citizens the right to form and conduct cooperative societies.

This elevated the status of cooperative societies by making the right to form them a Fundamental Right.

Part IXB was added to provide for cooperative societies as constitutional bodies with representation provisions.

The 42nd Amendment Act, 1976 (also known as the Mini-Constitution) added three words to the Preamble: 'Socialist' (between 'Sovereign' and 'Democratic'), 'Secular' (between 'Sovereign' and 'Democratic'), and 'Integrity' (at the end).

This amendment was passed during the Emergency period under Prime Minister Indira Gandhi.

Article 356 provides for President's Rule in a State when constitutional machinery breaks down.

While the President can assume powers and dissolve the assembly, the Chief Minister is not automatically required to resign—though the government typically loses confidence.

The proclamation must be approved by both Houses of Parliament within 2 months (Art. 356(4)).

Option B is incorrect as it states a mandatory requirement that doesn't exist in the Constitution.

The Right to a Pollution-free Environment and the Right to Live in a Healthy Environment have been read into Article 21 through landmark judgments (Subhash Kumar v.

State of Bihar, 1991; M.C.

Mehta v.

Union of India, 1992).

While Right to Information was later codified (RTI Act, 2005) and Right to Education became Article 21A (86th Amendment, 2002), the environmental right exists only through judicial interpretation of Article 21.

The Preamble mentions: Sovereign, Socialist, Secular, Democratic Republic, Justice, Liberty, Equality, and Fraternity. 'Federal' is not explicitly stated in the Preamble, though federalism is incorporated through Articles 1-7 and other constitutional provisions. 'Socialist' and 'Secular' were added by the 42nd Amendment in 1976.

Article 32 empowers the Supreme Court to issue five types of writs: Habeas Corpus (for unlawful detention), Mandamus (to perform public duty), Prohibition (to prevent illegal action), Certiorari (to quash illegal order), and Quo Warranto (to challenge authority of office).

All five are constitutionally recognized remedies under Article 32.

Article 37 of the Constitution explicitly states that DPSP are non-justiciable, meaning they cannot be enforced through courts.

However, they provide positive directions to the state for governance and policy formulation.

Unlike Fundamental Rights (Part III), DPSP cannot be challenged in courts, though courts can use them as interpretive aids.

Options A and B are correct characteristics of DPSP.

Article 80 specifies that Rajya Sabha has a maximum strength of 250 members (238 elected + 12 nominated by President).

Lok Sabha has 545 members including 2 Anglo-Indians nominated by President (not 545 including nominated members separately).

Lok Sabha members serve 5-year terms, not 6.

Rajya Sabha members are elected by state legislatures, not directly elected by universal adult suffrage.

Article 356 (Emergency Provisions) allows the President to declare President's Rule (National Emergency at state level) when satisfied that the constitutional machinery has broken down and the state cannot be governed according to the Constitution.

This typically follows dismissal of the state government.

The President acts on the advice of the Council of Ministers but the constitutional ground is the failure of constitutional governance in the state.

The 73rd Amendment (1992) made Articles 243 et seq. mandatory for panchayats.

Key features include: three-tier system (village, block, district) for states with population above 20 lakh; five-year tenure; regular elections; and reservation provisions.

Women's reservation was set at 33% (not 50%).

The amendment makes these provisions constitutionally binding on all states.

# Solution: The 42nd Amendment and Constitutional Changes

The 42nd Amendment, passed during the Emergency period, fundamentally restructured the Indian Constitution by expanding certain rights while simultaneously restricting others and making the amendment procedure more rigid.

Step 1: Understanding the 42nd Amendment (1976)

Passed during Indira Gandhi's Emergency (1975-1977), this amendment made sweeping changes to the Constitution's structure. It is often called the "Mini-Constitution" because it altered the basic framework of Indian democracy more extensively than any other amendment.

Step 2: Key Changes to Fundamental Rights and Amendment Procedure

The 42nd Amendment added new Directive Principles of State Policy (environmental protection, public property protection), restricted some Fundamental Rights, and crucially made amendments to Part III (Fundamental Rights), Part IV (Directive Principles), and the amendment procedure itself much more difficult by requiring a supermajority rather than simple parliamentary majority. This effectively reduced judicial review and expanded executive power.

Final Answer: (B) 42nd Amendment (1976) — This amendment expanded the scope by adding new constitutional directives, simultaneously restricted certain freedoms, and fundamentally altered the amendment procedure to make constitutional changes more rigid and government-controlled.

Article 131 grants the Supreme Court original jurisdiction in disputes between Union and states or between states.

Article 32 provides original jurisdiction for enforcing constitutional rights.

Article 138 extends original jurisdiction to matters of public importance involving interpretation of the Constitution.

The Supreme Court's original jurisdiction is limited and mainly covers federal disputes and constitutional matters, not general civil/criminal cases.

Articles 12-35 establish justiciable Fundamental Rights (Part III), while Articles 36-51 provide non-justiciable DPSP (Part IV).

Landmark cases like Kesavananda Bharati (1973) established that courts can use DPSP for constitutional interpretation and as guidelines for judicial review.

The distinction is crucial: Rights are enforceable, DPSP are aspirational but legally significant for governance and judicial reasoning.

The President cannot directly dismiss the Prime Minister.

Article 75(5) provides that the PM holds office during the pleasure of the President, but this is a formal provision.

Practically, the PM must command confidence of Lok Sabha majority (Article 75).

If the PM loses this confidence, they resign or face a no-confidence motion.

The President cannot arbitrarily dismiss the PM—this is a fundamental principle of parliamentary democracy.

The President acts on advice of the Council of Ministers (Article 74).