UPSC IAS / IPS - MCQ Practice Questions

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.

Article 12 defines 'State' to include Government and Parliament of India, State Governments, State Legislatures, and all other authorities and bodies established by law.

However, private individuals and private organizations are NOT included in the definition of 'State', so Fundamental Rights generally do not bind them (except in cases of state action doctrine application).

DPSP (Articles 36-51) are not enforceable through courts in the manner of Fundamental Rights, but they are declared to be fundamental in the governance of the country.

They serve as guiding principles for legislation and policy-making.

This distinction was established by the Supreme Court in cases like Minerva Mills v.

Union of India (1980).

Article 85(2) empowers the President to dissolve the Lok Sabha on the advice of the Prime Minister.

This power is exercised on the recommendation of the Council of Ministers, headed by the PM.

The President acts on advice and cannot exercise this power independently.

The 73rd Amendment Act (1992) defines the Gram Sabha as the body consisting of all registered voters of a village.

It is the foundation of grassroots democracy and serves as the primary forum for participatory governance at the village level.

Article 370 was effectively abrogated through the Constitution (Application to Jammu and Kashmir) Order issued by the President in August 2019, coupled with the Jammu and Kashmir Reorganisation Act, 2019.

This was not a formal constitutional amendment but was justified as invoking Article 370(1)(d) itself to abrogate Article 370.

Article 352 (National Emergency) requires that the proclamation be laid before Parliament, and must be approved within 30 days.

If Parliament approves, it can last for 6 months and can be renewed.

However, it does have a maximum duration constraint through parliamentary renewal requirements.

The 44th Amendment Act imposed several safeguards on emergency provisions.

Habeas Corpus (Article 32) is issued to bring an unlawfully detained person before the court.

Mandamus (Article 32) is to command performance of a duty.

Prohibition is to restrain an inferior court.

Certiorari is to quash an order.

The matching in option C is correct.

The 44th Amendment Act (1978) made significant changes: it required that any National Emergency proclamation be approved by Parliament within 30 days, and imposed a 6-month limit on its duration.

It also made the right to property (Article 31) a Constitutional Right rather than a Fundamental Right (changed from Article 19 to Article 300A).

India follows the Westminster model of parliamentary democracy.

The President is the constitutional and nominal head of state (Executive head), while the Prime Minister is the actual head of government and chief executive.

The PM is responsible to Parliament and exercises executive authority on the advice of the Council of Ministers (Article 53, 74, 75).

Both 73rd Amendment (1992) for Panchayats and 74th Amendment (1992) for Municipalities provide constitutional status to local bodies and mandate five-year fixed tenure.

Article 243E (Panchayats) and Article 243U (Municipalities) establish this framework.

While reservation provisions and three-tier structures exist, they have exceptions.

The fixed tenure provision is uniformly applicable to ensure institutional stability.