TEST 03: INDIAN POLITY AND CONSTITUTION

Syllabus: preamble, salient features of constitution, formation of states

1.Which of the following is true about preamble?

1. It is not enforceable by courts.

2. It is part of constitution.

3. Preamble enshrines narrow objectives of governments.

(A) Only 1

(B) Only 2

(C) 1 and 2 only

(D) 1,2 and 3

2. Consider the following statements

1. Preamble has been amended only once through 44th constitutional amendment act 1976.

2. Secular, Socialist and liberty were added to the constitution through 44th constitutional amendment act 1976.

Which of the above statements is true?

(A) Only 1

(B) Only 2

(C) Both 1 and 2

(D) Neither 1 nor 2

3. Consider the following statements

1. The word secular appeared nowhere in constitution before it was inserted into the preamble.

2. The word secular signifies state will protect religion of majority in state.

Which of the following statements are true?

(A) Only1

(B) Only 2

(C) Both 1 and2

(D) Neither 1 nor 2

4. With reference to word ‘Justice’ and ‘Fraternity’ in preamble. Which of the following statements is true?

1. Justice signifies political and economic justice only.

2. Fraternity was incorporated from article 1 of universal declaration of human rights.

(A) Only1

(B) Only 2

(C) Both 1 and2

(D) Neither 1 nor 2

5. With reference to the word socialist in preamble. Which of the following statements is true?

1. Original constitution reflected socialistic principles.

2. Socialistic principles were incorporated in constitution only through amendment.

(A) Only1

(B) Only2

(C) Both 1 and 2

(D) Neither 1 nor 2

6. The mind of the makers of the Constitution of India is reflected in which of the following?

(A) The Preamble

(B) The Fundamental Rights

(C) The Directive Principles of State Policy

(D) The Fundamental Duties

7. Which one of the following objectives is not embodied in the Preamble to the Constitution of India?

(A) Liberty of thought

(B) Economic liberty

(C) Liberty of expression

(D) Liberty of belief

8. Which of the following is called ‘Mini Constitution’?

(A) Government of India Act, 1935

(B) 42nd Constitutional Amendment

(C) 44th constitutional amendment

(D) Government of India Act, 1919

9. Which of the following statements is false?

(A) Most of the structure of the Indian Constitution has been taken from the Government of India Act, 1935.

(B) The original constitution had 10 schedules

(C) The political part of the Indian Constitution is taken from the British Constitution

(D) Article 368 is related to the constitutional amendment

10. Which of the following is not a feature of Indian parliamentary system?

(A) majority party power

(B) Presence of Actual Executive and Nominal Executive

(C) Appointment of Executive to the Legislature

(D) All of the above

11. The idea of ​​’concurrent list’ in the Indian constitution is taken from the Constitution of……..?

(A) Ireland

(B) Canada

(C) Australia

(D) Japan

12. Which of the following is not a federal feature of the Indian Constitution?

(A) Supremacy of the constitution

(B) Rigidity of the constitution

(C) Single constitution

(D) None of the above

13. The Preamble given in the Constitution-

1. Is not enforceable in the courts

2. Is of paramount importance

3. Describes the aims of governance

4. Was incorporated in the Constitution of India by 42nd Amendment

Which of the pairs given above is/are correct?

(A) 1, 2 and 4 only

(B) 1 and 4 only

(C) 1, 2 and 3 only

(D) 1, 2, 3 and 4

14. With reference to the procedure for formation/establishment of states.

1. Special majority of parliament is required for the purpose.

2. President should ascertain the views of concerned legislature to this effect.

Which of the following statements is true?

(A) Only1

(B) Only2

(C) Both 1 and 2

(D) Neither 1 nor 2

15. The term Union of India infers

1. States and union territories are members of union.

2. India is to ‘indestuructible union of destructible states’

Which of the following is true?

(A) Only 1

(B) Only 2

(C) Both 1 and 2

(D) Neither 1 nor 2

16. Consider the following statements

1. Residence of the state and union territories is necessary qualification for employment under that state or union territory.

2. To legislate in this matter state government shall have voice.

Select the correct answer using following codes

(A) Only 1

(B) Only2

(C) Both 1 and 2

(D) Neither 1 nor 2

17. Consider the following statements regarding constitution of India

1. Indian federation is not result of agreement between the units of which it is made of.

2. India was already a union at the time of constituent assembly debates.

Which of the above is true?

(A) Only1

(B) Only2

(C) Both 1 and 2

(D) Neither 1 nor 2

18. With reference to the power of Parliament to admit into union or establish new states. Which of the following is true?

1. There is no need of any law by parliament to acquire new territory.

2. There is need of legislation by parliament to establish new state.

Choose from the code given below.

(A) Only1

(B) Only2

(C) Both 1 and 2

(D) Neither 1 nor 2

19. Which One of the following statements is incorrect?

(A) The State of Madras was renamed as Tamil Nadu

(B) Goa was separated from Dadra and Nagar Haveli in 1987

(C) The State of Bombay was split into Gujarat and Maharashtra

(D) Himachal Pradesh was previously in the list of Union Territories

20. Consider the following statements:

1. Union of India is a wider expression than the Territory of India.

2. Being a sovereign state, India can acquire foreign territories through conquest.

3. Power to diminish the areas of a state include the power to cede Indian territory to a foreign country.

Which of the statements given above is/are correct?

(A) 1 and 2 only

(B) 2 and 3 only

(C) 1, 2 and 3

(D) 2 only

ANSWERS

1. C

• Preamble contains essence of constitution.  In  Kesavanda Bharati case 1973 Supreme court ruled that preamble is part of constitution and not enforceable. It is basic features of constitution.

2. D

• Preamble has been amended once through 42nd constitutional amendment act 1976

• Secular, Socialist and integrity were added to the constitution through 42^nd constitutional amendment act 1976.

3. D

• The word secular appeared in article 25 2 (a) of the constitution of India. Secularism means equidistance of the state towards all religions. Secularism means separation of religion from politics.

4. B

• Justice signifies political, economic and social justice.  Fraternity means common brotherhood.

5. A

• Even though the word socialist was added in preamble by 42nd amendment act in 1976, our original constitution reflected socialistic principles. Distributive justice is a part of socialist societies.

6. A

7. B

8. B

9. B

10. D

11. C

12. C

• Union of India is a federal system with a unitary bias.

• Federal features of the constitution include: two government, division of powers, written Constitution, supremacy of Constitution, rigidity of Constitution, independent judiciary and bicameralism.

• Unitary features of the constitution include: strong Centre, single Constitution, single citizenship, flexibility of Constitution, integrated judiciary, appointment of state governor by the Centre, all-India services, emergency provisions etc.

13.C

• The Preamble given in the Constitution is not enforceable in the courts, but is of paramount importance where it describes the aims of governance and was incorporated from the commencement of the Constitution, only a few words like Socialist, Secular and Integrity were added in the Preamble by 42nd Amendment.

14. D

• Bill to this effect may be introduced in either house of Parliament only on the recommendation of president. Bill should be referred by the president to the legislatures of state for expressing views within period specified. Opinion of legislature is not binding on the president. The bill needs to be passed by parliament by simple majority.

15.C

• Union of India infers states that share federal powers with the Union government. The term “Union” signifies though the country and the people may be divided into different states for convenience of administration, the country is one integral whole.

16.D

• Parliament is empowered to lay down that as regards any particular class of employment under a state or union territory residence within that state or union territory shall be necessary qualification. Parliament would be sole authority and state legislatures shall have no voice.

17. C

• Dr. Ambedkar preferred using ‘Union’ instead of ‘federation’ because Indian federation is not result of agreement between the units of which it is made of. The country is one integral whole, though the country and people may be divided into different states for convenience of administration. The expression India is ‘union of states’ was chosen as India was already a union at the time of constituent assembly debates.

18. C

• According to Article 2 of constitution of India parliament may by law admit into the union, or establish, new states on such terms and conditions, as it thinks fit. According to article 3 of constitution of India parliament may by law allow formation of new states and alteration of areas, boundaries or names of existing states.

19. B

• The State of Madras was renamed as Tamil Nadu, while Goa was separated from Daman and Diu in 1987 and The State of Bombay was split into Gujarat and Maharashtra. Himachal Pradesh was previously in the list of Union Territories, became state in 1971.

20. D

• Territory of India’ is a wider expression than the ‘Union of India’ because the latter includes only states while the former includes not only the states but also union territories and territories that may be acquired by the Government of India at any future time.

• Being a sovereign state, India can acquire foreign territories according to the modes recognized by international law, i.e., cession (following treaty, purchase, gift, lease or plebiscite), occupation (hitherto unoccupied by a recognized ruler), conquest or subjugation. For example, India acquired several foreign territories such as Dadra and Nagar Haveli; Goa, Daman and Diu; Puducherry; and Sikkim since the commencement of the Constitution.

• The Supreme Court held that the power of Parliament to diminish the area of a state (under Article 3) does not cover cession of Indian territory to a foreign country. Hence, Indian territory can be ceded to a foreign state only by amending the Constitution under Article 368