UPSC IAS / IPS - MCQ Practice Questions

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).

The terms 'Socialist' and 'Secular' were added to the Preamble through the 42nd Amendment Act of 1976 during the Emergency period. 'Sovereign', 'Democratic', 'Republican', and 'Federal' were part of the original Preamble drafted by Dr. B.R.

Ambedkar.

Dr. B.R.

Ambedkar called Article 32, which grants the right to move Supreme Court for enforcement of fundamental rights, as 'the soul of the Constitution'.

This article is crucial for protecting fundamental rights through writs like habeas corpus, mandamus, prohibition, quo warranto, and certiorari.

Article 19 (Right to Freedom) can be suspended during a National Emergency under Article 359.

However, Articles 20 (protection against conviction for offences) and 21 (right to life and personal liberty) cannot be suspended even during emergency.

This ensures protection against arbitrary arrest and punishment.

Articles 36-51 contain DPSP which are non-justiciable (cannot be enforced in courts).

However, they are fundamental in governance and obligate the state to apply them while making laws and policies.

The Minerva Mills case (1980) established that DPSP cannot override Fundamental Rights, but both must be harmoniously interpreted.

Article 75 provides for the appointment and composition of the Council of Ministers.

It states that the Prime Minister is appointed by the President, and other ministers are appointed by the President on advice of the PM.

The Council of Ministers holds office during the pleasure of the President and is collectively responsible to the Lok Sabha.

Article 123 allows the President to issue ordinances when Parliament is not in session.

These ordinances must be laid before Parliament when it reassembles.

An ordinance ceases to operate if not approved by both houses within 6 weeks from reassembly or earlier dissolution.

The 43rd Amendment limited ordinance-making power by restricting repeated re-promulgation.

Quo Warranto (Latin: 'by what authority') is a writ issued to inquire into the authority by which a person claims to hold a public office.

It is used to prevent illegal appointments and to remove persons not entitled to hold office.

For example, it was used in cases questioning the validity of ministerial appointments when constitutional procedures were not followed.

The 73rd Amendment (1992) created a three-tier Panchayati Raj system (village, block, district) with reservation of seats for SCs/STs, but Mukhya Mantris (State Chief Ministers) are NOT elected directly by people.

They are elected by the state legislature.

Panchayat Chairpersons/Pradhans are elected, and State Election Commissions were constituted to conduct Panchayat elections.

Article 368(3) requires that amendments affecting the division of powers between Union and states, and amendments altering the provisions regarding representation of states in Parliament, must be ratified by at least half of the state legislatures in addition to parliamentary approval.

This protects federalism.

For example, amendments to Article 1 (territory of India) and Articles 245-255 (distribution of legislative powers) require state ratification.

Article 72 grants the President power to pardon, reprieve, respite, and remit sentences in three categories: (1) offences against Union law, (2) sentences imposed by court-martial, and (3) sentences of death.

However, the President can only exercise this on the advice of the Council of Ministers.

The President cannot pardon offences against state laws or grant pardon in impeachment cases.

The power applies to cases where conviction is under Union law specifically.