UPSC Essentials | Daily subject-wise quiz: Polity and Governance MCQs on 42nd Constitutional Amendment, Ordinance and more (Week 117)

QUESTION 1

Which of the changes in the Constitution took place during the 42nd Constitutional Amendment?

1. Amendment of the Preamble

2. Amendment of the Seventh Schedule

3. Amendment of Article 105

4. Insertion of new article 31D

Select the correct answer using the codes given below:

(a) 1 and 2 only

(b) 2 and 4 only

(c) 1 and 3 only

(d) 1, 2, 3 and 4

Explanation

— The words “socialist” and “secular” were added to the Preamble through the Constitution (Forty-second Amendment) Act of 1976, which made wholesale changes to India’s founding document. While the Janata government reversed most of these changes through the 44th Amendment in 1978, the Preamble was left untouched.

— There were following changes in the Constitution that took place during the 42nd Constitutional Amendment: Amendment of the Preamble, Amendment of the Seventh Schedule, Amendment of Article 105, Insertion of new article 31D, Amendment of article 31C, Insertion of new article 39A, Insertion of new article 43A, Special provisions as to pending petitions under article 226, Power of the President to remove difficulties and more.

Therefore, option (d) is the correct answer.

For complete list of amendments/changes: cdnbbsr.s3waas.gov.in

QUESTION 2

Article 15 of the Constitution of India explicitly prohibits discrimination based on:

1. religion

2. race

3. caste

4. nationality

5. place of birth

Select the correct answer using the codes given below:

(a) 1, 2 and 3

(b) 2, 3 and 4

(c) 1, 3, 4 and 5

(d) 1, 2, 3, and 5

Explanation

— Secularism is a theme that permeates through the Constitution in several other provisions. For instance, secularism is a key facet of the right to equality enshrined in Article 14 of the Constitution.

— Article 15 explicitly prohibits discrimination based on religion, race, caste, sex, or place of birth.

— Article 16 guarantees equality of opportunity in matters of public employment. These rights against the state make the Constitution inherently secular.

— The Supreme Court has consistently highlighted this viewpoint. Even before the 42nd amendment changed the Preamble, a 13-judge court in the landmark 1973 Kesavananda Bharati decision concluded that secularism is a fundamental aspect of the Constitution that cannot be removed.

— “The secular character of the state, according to which the state shall not discriminate against any citizen on the ground of religion only, cannot likewise be done away with,” according to the current administration.

— In the 1994 Bommai decision, which dealt with Centre-State relations, the Supreme Court reiterated secularism as a fundamental aspect of the Constitution.

Therefore, option (d) is the correct answer.

QUESTION 3

The Shah Commission submitted its findings on:

(a) misuse of government power, preventive detentions, press censorship, and the sterilisation campaign.

(b) the 2002 Gujarat riots.

(c) on sexual assault and violence against women after the Nirbhaya case.

(d) allegations regarding assets of former CJI K. G. Balakrishnan.

Explanation

— To investigate the widespread abuse of power during the Emergency from 1975 to 1977, the then newly elected Janata Party government headed by Prime Minister Morarji Desai appointed a commission of inquiry under former Supreme Court Chief Justice J C Shah in May 1977.

— The Shah Commission reported its findings in 1978, detailing the alleged abuse of power by politicians and bureaucrats, particularly those close to former Prime Minister Indira Gandhi’s son Sanjay, during the Emergency.

— Justice J.C. Shah, former Chief Justice of India, headed the Shah Commission of Inquiry, which was created in May 1977. Its mandate was to look into excesses committed between June 25, 1975 and March 21, 1977.

— The Commission looked into the abuse of government power, preventive detentions, press censorship, and the sterilisation drive.

— It gathered evidence through public hearings, testimonials, and official documents. From 1978 to 1979, the Commission submitted three reports.

Therefore, option (a) is the correct answer.

(Other Source: http://www.pib.gov.in)

QUESTION 4

With reference to the Preamble, consider the following statements:

1. The Supreme Court, in its 1961 ruling in In Re: The Berubari Union, described the Preamble as “a key to open the mind of the makers”.

2. The Supreme Court had noted in Berubari Union, “[the] Preamble is not a part of the Constitution, and it has never been regarded as the source of any substantive power…”

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

Explanation

— The Preamble is a vision statement to the Constitution, or as the Supreme Court described in its 1961 ruling in In Re: The Berubari Union, “a key to open the mind of the makers” of the Constitution. Hence, statement 1 is correct.

— In 1950, when the Constitution was adopted, the Preamble read: “We, the People Of India, having solemnly resolved to constitute India into a Sovereign Democratic Republic” that would secure to all its citizens “Justice… Equality… Liberty… and Fraternity”.

— The 42nd Amendment in 1976 changed this to “…Sovereign Socialist Secular Democratic Republic…” and added the expression “integrity” to the description of fraternity as a right, which now reads “assuring the dignity of the individual and the unity and integrity of the Nation…”.

— The additions to the Preamble made no substantive changes to the Constitution. As the SC had noted in Berubari Union, “[the] Preamble is not a part of the Constitution, and it has never been regarded as the source of any substantive power…” Hence, statement 2 is correct.

Therefore, option (c) is the correct answer.

QUESTION 5

Consider the following pairs related to events and the associated year:

1. Nationalisation of 14 major commercial banks – 1970

2. Abolition of Privy Purses – 1981

Which of the pairs given above are correctly matched?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Explanation

— With Indira Gandhi taking a clear leftward turn — she nationalised banks in 1969, abolished privy purses in 1971, and won the Lok Sabha elections later that year with the campaign slogan “Garibi Hatao” (“End Poverty”) — the inclusion of “socialist” was intended to indicate the Constitution’s alignment with the Prime Minister’s economic roadmap.

Therefore, option (d) is the correct answer.

QUESTION 6

Consider the following statements:

1. The Constitution provides for an Address by the President to either House or both Houses assembled together.

2. The matters referred to in the Address by the President to the Houses are discussed on a Motion of Thanks moved by a Member and seconded by another Member.

3. The scope of discussion on the President’s Address is very wide and the functioning of the entire administration is open for discussion where members can also refer to matters which are not the direct responsibility of the Government of India but affects the functioning of states as well.

Which of the following statements given above is/are correct?

(a) 1 and 2 only

(b) 2 and 3 only

(c) 1 and 3 only

(d) 1, 2 and 3

Explanation

According to sansad.in,

When does the President address the Parliament?

— The Constitution provides for an Address by the President to either House or both Houses assembled together [Article 86(1)]. Hence, statement 1 is correct.

— The Constitution also makes it incumbent upon the President to address both Houses of Parliament assembled together at the commencement of the first Session after each General Election to the Lok Sabha and at the commencement of the first Session each year and inform Parliament of the causes of its summons. [Article 87(1)].

— The matters referred to in the Address by the President to the Houses are discussed on a Motion of Thanks moved by a Member and seconded by another Member. Hence, statement 2 is correct.

— The scope of discussion on the Address is very wide and the functioning of the entire administration is open for discussion; the limitations inter alia are that Members should not refer to matters which are not the direct responsibility of the Government of India, and the name of the President should not be brought in during the debate since the Government, and not the President, is responsible for the contents of the Address. Hence, statement 3 is not correct.

Therefore, option (a) is the correct answer.

(source: sansad.in)

QUESTION 7

Which of the following Committee/Commissions was constituted to address the demand for reservation and other affirmative actions for the Other Backward Classes (OBCs)?

(a) Nanavati Commission

(b) Kirit Parikh Committee

(c) Kalelkar Commission

(d) Kelkar Committee

Explanation

— As soon as the 1951 Census was completed, the government in January 1953 decided to constitute a commission headed by then Rajya Sabha MP, social reformer and journalist Dattatreya Balkrishna Kalelkar, popularly called Kaka Kalelkar, to look after the demand for reservation and other affirmative actions for the other backward classes (OBCs).

— On March 18, 1953, then President Rajendra Prasad formally inaugurated the Kalelkar Commission. Speaking on the occasion, both President Prasad and Prime Minister Nehru expressed the hope that the “labours” of the commission would pave the way for a “classless” society in India. Nehru, who disliked the term “backward classes”, even remarked that it was wrong to label any section as backward, even if they were so, particularly, when 90% of the people in the country were poor and backward.

Therefore, option (c) is the correct answer.

QUESTION 8

With reference to Ordinances, consider the following statements:

1. The President may return the recommendation of the Cabinet once if she feels it warrants reconsideration; if it is sent back (with or without reconsideration), she has to promulgate it.

2. In D.C. Wadhwa & Ors. vs. State of Bihar & Ors. (1986) Supreme Court addressed the issue of the Governor repeatedly re-promulgating ordinances without legislative approval.

Which of the above given statements is/are true?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Explanation

— Under Article 123 of the Constitution (“Power of President to promulgate Ordinances during recess of Parliament”), “if at any time, except when both Houses of Parliament are in session, the President is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require.”

— An Ordinance “shall have the same force and effect as an Act of Parliament”. But the government is required to bring an Ordinance before Parliament for ratification — and failure to do so will lead to its lapsing “at the expiration of six weeks from the reassembly of Parliament”.

— Since the President acts on the advice of the Council of Ministers, it is in effect the government that decides to bring the Ordinance. The President may return the recommendation of the Cabinet once if she feels it warrants reconsideration; if it is sent back (with or without reconsideration), she has to promulgate it. Hence, statement 1 is correct.

— If, for whatever reason, an Ordinance lapses, the only option for the government is to reissue or re-promulgate it. In 2017, the Supreme Court examined a case where the state of Bihar re-promulgated an Ordinance several times without placing it before the legislature. (Krishna Kumar Singh and Another v. State of Bihar)

— A seven-judge Bench of the court, which included now Chief Justice of India (CJI) D Y Chandrachud, reiterated that legislation should normally be done by the legislature, and the Governor’s power to issue an Ordinance is in the nature of an emergency power.

— The court clarified that there might be circumstances permitting the re-promulgation of an Ordinance — however, it said, repeated re-promulgations without bringing the Ordinance to the legislature would usurp the legislature’s function, and would be unconstitutional.

— The court declared the actions in that case to be “a fraud on constitutional power”, and said that the Ordinances were re-promulgated in violation of the SC judgment in Dr D C Wadhwa and Ors v. State of Bihar and Ors (1986).

— In D C Wadhwa, a challenge was mounted against the power of the Governor to re-promulgate various Ordinances in Bihar, after 256 Ordinances were promulgated between 1967 and 1981, out of which 69 were re-promulgated several times and kept alive with the permission of the President. Hence, statement 2 is correct.

— A Constitution Bench of the Supreme Court headed by then CJI P N Bhagwati held that “an Ordinance promulgated by the Governor to meet an emergent situation shall cease to be in operation at the expiration of six weeks from the reassembly of the Legislature.”

Therefore, option (c) is the correct answer.

Previous Daily Subject-Wise-Quiz

Daily Subject-wise quiz — History, Culture, and Social Issues (Week 115)

Daily subject-wise quiz — Polity and Governance (Week 116)

Daily subject-wise quiz —  Science and Technology (Week 116)

Daily subject-wise quiz — Economy (Week 116)

Daily subject-wise quiz — Environment and Geography (Week 116)

Daily subject-wise quiz – International Relations (Week 116)

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