TEST 05:INDIAN POLITY AND CONSTITUTION

Syllabus: directive principles of state policy and fundamental duties

1. Special provisions for women are made in which of the following?

1. Fundamental duties

2. Fundamental rights

3. DPSP

4. 11th and 12th schedule

Select the correct statements from the following codes

A. Only 2 and 4

B. Only 1 and 2

C. Only 1 and 3

D. 1, 2, 3 and 4

2. Consider the following statements:

1. The fundamental Rights and Directive Principles together have been described as the ‘conscience of the Constitution’ by Granville Austin

2. DPSP are in the nature of directives to all governments of the country, Central, State as well as local.

3. Supreme Court has held that Fundamental Rights and DPSP are distinct scheme and DPSP can override Fundamental Duties.

Select the correct answer using the code given below.

A. 1 and 2 only

B. 1 and 3 only

C. 2 and 3 only

D. 1, 2 and 3

3. With reference to Directive Principles of State Policy, consider the following statements:

1. The Directive Principles of State Policy (DPSP) has been taken from the constitution of Ireland

2. 97th Constitutional Amendment Act, 2011 has included Art. 43-B, the state shall endeavour to promote voluntary formation, autonomous functioning, democratic control and professional management of Co-operative societies

Which of the statements given above is/are correct?

A. 1 only

B. 2 only

C. Both 1 and 2

D. None of these

4. Choose the false statement among the following statements:

A. The 25th Constitutional Act came to be challenged before the Supreme Court in Kesavananda Bharti case (1973)

B. Art. 31-c was introduced by the 25th Constitutional Act which gave Art. 39(b) and 39(c) precedence over fundamental Rights

C. Article 40, to organize village Panchayats as units of self-government

D. Article 44, to protect all monuments of historic interest and national importance

5. Which article under DPSP proposes for the separation of the Judiciary from executive?

A. Art. 51

B. Art. 50

C. Art. 49

D. Art. 48

6. Which of the following is true about Directive Principles of State Policy?

1. These are directions to state.

2. Aim of DPSP is to develop socio-economic equality in the society.

3. DPSPs are superior to Fundamental Rights. Fundamental right which violates DPSP would be void.

4. DPSPs are justiciable in nature.

A. Only 1 and 2

B. Only 2, 4

C. Only 4

D. All of the above

7. In which of the following cases, the Supreme Court held that the Indian Constitution is founded on the bedrock of the balance between the Fundamental Rights and the Directive Principles?

A. Kesavananda Bharti case

B. Minerva Mills case

C. Golak Nath case

D. Waman Rao case

8. With reference to the Directive Principles of State Policy, consider the following Statements:

1. They seek to establish social as well as economic democracy in the country

2. Article 37 of the Indian Constitution says that the Directive Principles are fundamental in the governance of the country

3. Constitution divides Directive Principles into three categories – Socialistic, Gandhian and Liberal-intellectual.

Which of the statements given above is/are correct?

A. 2 and 3 only

B. 1 and 3 only

C. 1 and 2 only

D. 1, 2 and 3

9. Which of the following Directive Principles were added to the original list by the 42nd Constitutional Amendment Act?

1. To secure opportunities for healthy development of children

2. To minimize inequalities in income, status, facilities and opportunities

3. To provide early childhood care and education for all children until they complete the age of six years

4. To protect and improve the environment and to safeguard forests and wild life

Select the correct answer from the code given below:

A. 1 and 4 only

B. 1, 2 and 3 only

C. 2 and 4 only

D. 1, 2, 3 and 4

10. The Fundamental Duties in the Indian Constitution are borrowed from:

A. Irish Constitution

B. Japanese Constitution

C. Constitution of USSR

D. Constitution of USA

11. Consider the following statements about “Fundamental Duties”:

1. They are not enforceable by Law, hence Parliament can’t provide for the imposition of appropriate penalty or punishment for failure to fulfil any of them.

2. They help the courts in examining and determining the constitutional validity of a Law.

Which of the above statements is/are correct?

A. Only 1

B. Only 2

C. Both 1 and 2

D. None of these

12. Which of the following statements is true with respect to 42nd Constitutional Amendment Act?

1. Fundamental Duties were incorporated into the Constitution of India by the 42nd Constitutional Amendment Act, 1976

2. Ten Fundamental Duties were included by this Amendment

3. The 11th Fundamental Duty was incorporated by the 86th Constitutional Amendment Act, 2002

Select the correct answer using the code given below.

A. 1 and 2 only

B. 1 and 3 only

C. 2 and 3 only

D. 1, 2 and 3

13. Fundamental Duties were added on the recommendation of which committee?

A. Swaran Singh Committee

B. Sarkaria Committee

C. Urjit Patel Committee

D. Nayar Committee

14. Consider the following statements:

1. The duties enumerated in Art. 51-A are non-statutory duties and are not enforceable by law.

2. Violation of the Fundamental Duties can be met with Punishment but constitution doesn’t mention any penalty for its violation.

3. Parliament can prescribe penalty for the violation of Specific Duties

Select the correct answer using the code given below:

A. 1 and 2 only

B. 1 and 3 only

C. 2 and 3 only

D. 1, 2 and 3

15. Which of the following is a Fundamental Duty?

1. To uphold and protect the sovereignty, unity and integrity of India

2. To exercise our Universal Adult Franchise at the time of general elections

3. To value and preserve rich heritage of our composite culture

Select the correct answer using the code given below:

A. 1 and 2 only

B. 1 and 3 only

C. 2 and 3 only

D. 1, 2 and 3

16. Which of the following duties do not come under the ambit of fundamental duties as enshrined in the Indian Constitution?

A. To value and preserve the rich heritage of the country’s composite culture

B. To safeguard public property and to abjure violence

C. To uphold and protect the sovereignty, unity and integrity of India

D. To protect monuments, places and objects of artistic or historic interest which are declared to be of national importance.

17. The 86th Constitutional Amendment Act, 2002 puts duty on parent or guardian to provide opportunities for education to his Child or Ward in the age of

A. 6 to 14

B. 6 to 10

C. 5 to 15

D. 6 to 16

18. Which of the following is not correctly matched?

A. Fundamental duties- Part IV-A

B.  Directive principles of State policy- Part IV

C. Fundamental rights- Part III

D.  None of these

19. Consider the following statements:

1. Changes to the Fundamental Rights and Directive Principles require a Constitutional amendment which has to be passed by a special majority of both houses of the Parliament.

2. Right to elementary education is under right to freedom.

3. There is no need of any constitutional amendment and simple legislation by the Parliament is adequate to implement the Directive Principles.

Which of the statements provided above is/are correct?

A. 2 only

B. 1 and 2

C. 2 and 3

D. 1, 2 and 3

20. Which of the below given Directive Principles are part of Gandhian ideology?

1. To make provision for just and humane conditions for work and maternity relief.

2. To promote equal justice and to provide free legal aid to the poor.

3. To prohibit the consumption of intoxicating drinks and drugs which are injurious to health.

4. To prohibit the slaughter of cows, calves and other milch and draught cattle and to improve their breeds.

Choose the correct answer:

A. 1 and 3

B. 3 and 4

C. 1, 3 and 4

D. 2, 3 and 4

ANSWERS

1. D

• All the four mentioned above provide special provisions, directions and reservations for women. There are two provisions in the Constitution that seek to achieve political equality.

• No person is to be declared ineligible for inclusion in electoral rolls on grounds of religion, race, caste or sex (Article 325).

• Elections to the Lok Sabha and the state assemblies to be on the basis of adult suffrage (Article 326).

• The Directive Principles of State Policy (Article 39) secures to men and women equal right to an adequate means of livelihood and equal pay for equal work.

2. A

3. C

• The Directive Principles resemble the ‘Instrument of Instructions’ enumerated in the Government of India Act of 1935. In the words of Dr B R Ambedkar, ‘the Directive Principles are like the instrument of instructions, which were issued to the Governor-General and to the Governors of the colonies of India by the British Government under the Government of India Act of 1935.

• What is called Directive Principles is merely another name for the instrument of instructions. The only difference is that they are instructions to the legislature and the executive’.

4.D

• Article 44 of the Indian Constitution states Uniform civil code for the citizens The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.

5.B

6.A

• Sir B N Rau, the Constitutional Advisor to the Constituent Assembly, recommended that the rights of an individual should be divided into two categories—justiciable and non-justiciable, which was accepted by the Drafting Committee. Consequently, the Fundamental Rights, which are justiciable in nature, are incorporated in Part III and the Directive Principles, which are non-justiciable in nature, are incorporated in Part IV of the Constitution.

• As observed by Alladi Krishna Swamy Ayyar, ‘no ministry responsible to the people can afford light heartedly to ignore the provisions in Part IV of the Constitution’. Similarly, Dr B R Ambedkar said in the Constituent Assembly that ‘a government which rests on popular vote can hardly ignore the Directive Principles while shaping its policy. If any government ignores them, it will certainly have to answer for that before the electorate at the election time’.

7. B

• In the Minerva Mills case (1980), the Supreme Court also held that ‘the Indian Constitution is founded on the bedrock of the balance between the Fundamental Rights and the Directive Principles.

• They together constitute the core of commitment to social revolution. They are like two wheels of a chariot, one no less than the other. To give absolute primacy to one over the other is to disturb the harmony of the Constitution. This harmony and balance between the two is an essential feature of the basic structure of the Constitution. The goals set out by the Directive Principles have to be achieved without the abrogation of the means provided by the Fundamental Rights’.

8.C

• The Constitution does not contain any classification of Directive Principles. However, on the basis of their content and direction, they can be classified into three broad categories, viz, socialistic, Gandhian and liberal–intellectual.

9.A

• The 42nd Amendment Act of 1976 added four new Directive Principles to the original list. They require the State:

• a) To secure opportunities for healthy development of children (Article 39).

• b) To promote equal justice and to provide free legal aid to the poor (Article 39 A).

• c) To take steps to secure the participation of workers in the management of industries (Article 43 A).

• d) To protect and improve the environment and to safeguard forests and wild life (Article 48 A).

• To minimize inequalities in income, status, facilities and opportunities: Added by 44^th Constitutional Amendment Act.

• To provide early childhood care and education for all children until they complete the age of six years: Added by 86th Amendment Act.

10. C

11. B

12. D

13. A

14. C

• The duties enumerated in Art. 51-A are statutory duties and are enforceable by law

15. B

16. D

17. A

18. D

19. D

20. B