1. Match List-I with List-II and select the correct answer using the code given below:
List - I (Writs) : List - II (Meaning)
A. Liberty : 1. Absence of religious domination
B. Equality : 2. Absence of external constraints
C. Justice : 3. Due and equal consideration to all individuals
D. Secularism : 4. All human beings have an equal worth
A B C D
(a) 2 4 1 3
(b) 2 4 3 1
(c) 4 2 3 1
(d) 1 2 3 4
The Preamble to the Constitution of India is brief introductory statement that sets out guiding principles and the essence of the Constitution. It contains certain keywords - Sovereign, Secular, Democratic, Republic, Justice, Liberty, Equality and Fraternity. Liberty: It refers to absence of constraints as well as the existence of conditions in which people can develop their talents. A free society would be one which enables all its members to develop their potential with the minimum of social constraints. Equality: The concept of equality refers to the idea that all human beings have an equal worth regardless of their colour, gender, race, or nationality. It implies that all people, as human beings, are entitled to the same rights and opportunities to develop their skills and talents, and to pursue their goals and ambitions.
Justice: It requires that we give due and equal consideration to all individuals. One of the principles of justice is the equal treatment for equals. It is considered that all individuals share certain characteristics as human beings. Therefore, they deserve equal rights and equal treatment. Apart from equal rights, the principle of treating equals equally would require that people should not be discriminated against on grounds of class, caste, race or gender. However, for justice in society, the principle of equal treatment needs to be balanced with the principle of proportionality. A third principle of justice which we recognize is for a society to consider special needs of people while distributing rewards or duties.
Secularism: It is opposed to all forms of institutionalized religious domination. It is a normative doctrine which seeks to realize a secular society, i.e., one devoid of either inter-religious or intra-religious domination. Put positively it promotes freedom within religions, and equality between, as well as within, religions. The term ‘secular’ along with ‘socialist’ and ‘integrity’ was added by the 42nd Constitutional Amendment Act, 1976.
Hence, (b) is the correct option.
2. In the context of the Supreme Court of India, which of the following statement is not correct?
(a) The decisions of the Supreme Court are binding on all lower Courts of India.
(b) The Supreme Court can transfer and remove Judges of the High Court.
(c) The Supreme Court can move cases from the High Court to itself.
(d) The Supreme Court can transfer cases from one High Court to another High Court.
The Powers of Supreme Court include:
∙ Its decisions are binding on all courts.
∙ It can transfer Judges of High Courts.
∙ It can move cases from any court to itself.
∙ It can transfer cases from one High Court to another High Court.
The Supreme Court can transfer the High Court Judges but not remove them. Only the President upon a Resolution passed by the Parliament can remove the Judges of High Court via the process of Impeachment.
Hence, all statements except b are correct.
3. With reference to “Division of Powers” between the Centre and the States, consider the following statements:
(1) The Union Legislature alone has the power to legislate on residuary matters.
(2) Economic and financial powers are centralized more in the hands of State Governments as compared to the Central Government by the Constitution of India.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Division of Powers:
Statement 1 is correct: The Union Legislature alone has the power to legislate on such matters which lay outside all three lists i.e. Union, Concurrent and State List. Example: Cyber Laws.
Statement 2 is incorrect: One of the important aspects of this division of powers is that economic and financial powers are centralized more in the hands of the Central government as compared to the State Governments by the Constitution of India.
4. Consider the following statements:
(1) The United Kingdom has a written Constitution.
(2) The Constitution of India has inherent checks and balances amongst various organs and institutions.
(3) Members of the Constituent Assembly were chosen by direct elections.
(4) The ‘Objectives Resolution’ summarized the principles of nationalist movement in India.
Which of the statements given above are correct?
(a) 2 and 4 only
(b) 1, 2 and 4 only
(c) 2, 3 and 4 only
(d) 1, 2, 3 and 4
Statement 1 is incorrect:
The United Kingdom does not have one single document that can be called the Constitution. Rather they have a series of documents and decisions that, taken collectively, are referred to as the Constitution. Hence, Constitution is a document or set of documents.
Statement 2 is correct:
The Constitution is designed in a way to ensure that no single institution acquires monopoly of power. Even if one institution wants to subvert the Constitution, others can check its transgressions. An intelligent system of checks and balances has facilitated the success of the Indian Constitution. Example: Principle of Judicial Review.
Statement 3 is incorrect:
The seats allotted in each Province were distributed among the three main communities, Muslims, Sikhs and general, in proportion to their respective populations. Members of each community in the Provincial Legislative Assembly elected their own representatives by the method of proportional representation with single transferable vote. The method of selection in the case of representatives of Princely States was to be determined by consultation. Thus, the method followed was of indirect election.
Statement 4 is correct:
The Constituent Assembly had a moral commitment to establish a government that will fulfil the many promises that the nationalist movement held before the people. It was enshrined in the Objectives Resolution.
5. With reference to ‘Parliamentary Privileges’ provided by the Indian Constitution, which of the following statement(s) is/are correct?
(1) The Members of Parliament enjoy freedom of Speech and Expression in the Parliament.
(2) The President of India has the final powers to decide matters of breach of such privileges.
(3) Parliamentary Privileges act as an effective check on Cabinet Dictatorship.
Select the correct answer using the code given below:
(a) 3 only
(b) 1 and 3 only
(c) 1 and 2 only
(d) 1, 2 and 3
Statement 1 is correct: To keep regular and effective check on the Executive, legislators as people’s representatives need to work effectively and fearlessly. Hence, no action can be taken against a member for whatever the member may have said in the Parliament. This is known as Parliamentary Privilege.
Statement 2 is incorrect: The presiding officer of the Legislature (Speaker in the case of Lok Sabha and Chairman in Rajya Sabha) has final powers in deciding matters of breach of privilege and not the President of India.
Statement 3 is correct: The main purpose of such privileges is to enable legislators to represent people and exercise effective control over the Executive; which may exercise arbitrary and unlimited powers with the support of majority party. So, it helps in preventing Parliamentary democracy turn into Cabinet Dictatorship.