KEY to the CSP-2015 Indian Polity Test 1 Dated 15.10.2014

                    KEY to the CSP-2015 Indian Polity Test 1 Dated 15.10.2014

1.	B	21.	C	41.	C	61.	D	81	A
2.	B	22.	A	42.	A	62.	D	82	B
3.	D	23.	A	43.	B	63.	C	83	C
4.	C	24.	A	44.	A	64.	C	84	C
5.	C	25.	A	45.	D	65.	B	85	D
6.	A	26.	C	46.	A	66.	C	86	A
7.	D	27.	B	47.	A	67.	D	87	C
8.	B	28.	C	48.	D	68.	A	88	A
9.	B	29.	B	49.	C	69.	C	89	B
10.	C	30.	A	50.	A	70.	C	90	A
11.	C	31.	A	51.	A	71	A	91	B
12.	B	32.	D	52.	D	72	D	92	D
13.	C	33.	C	53.	A	73	A	93	B
14.	B	34.	C	54.	D	74	B	94	B
15.	D	35.	C	55.	A	75	D	95	A
16.	D	36.	C	56.	D	76	C	96	D
17.	D	37.	D	57.	C	77	A	97	D
18.	B	38.	D	58.	C	78	D	98	D
19.	C	39.	C	59.	A	79	B	99	A
20.	B	40.	A	60.	A	80	C	100	C

1. The goal of achieving political, social and economic independence by way of silent socio-economic revolution as enshrined in Preamble of the constitution found place in most of the DPSP. The content of the DPSP can be divided into Socialistic objectives, Gandhian principles, Liberal intellectual principles etc. The DPSP which are based on socialistic principles are incorporated in articles 38, 39, 39A, 41, 42, 43A and 47. The DPSP which are linked to Gandhian principles are Articles 40 [Organization of Local Self Governments], 43 [cottage industries], 46 [Welfare of SCs, STs and other weaker sections], 47 [prohibition of intoxicating drinks and drugs] and 48 [Prohibition of cow slaughter]. The Liberal intellectual principles were included in articles 44, 48, 48A, 49, 50 and 51. You may further split the above principles into further smaller categories such as DPSP meant for improvement of technology and scientific development, protection of environment etc. 

2. Right of minorities to establish and administer educational institutions comes under article 29 and 30 not under article 19.

3. This is very innovative question which was given under the context of making right to education as a FR u/a 21A w.e.f. April, 2010. Article 45 of DPSP was meant for providing compulsory education to children up to 14 years of age and now the modified article reads as..  "45. The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years." As it is evident, article 45 old and modified are dealing with education only. Similarly, education subject has been transferred Local bodies at Primary [to Mandal/block level Parishads], Secondary levels [ to Zilla Parishads/Panchayats in rural areas and to Nagaripalikas in Urban areas and they have bearing on education.  The Fifth and sixth schedules deals with administration of Tribal areas under PESA Act where the Scheduled areas, the administrative bodies are given powers to implement education. Seventh Schedule deals with the division of subjects where education has been kept in concurrent list. Hence the answer is all of them/D.   

4. Protecting the weaker sections from social injustice is not a duty of any individual, it is the duty of a State and others in the question are FDs of citizens.

 5. The Constitution (Seventy-Third Amendment) Act, 1992, which aims at promoting the Panchayati Raj Institutions in the country. It was envisaged to transfer all the powers, functionaries/employees and funds related to 29 subjects as enumerated in 11^th and 12^th Schedules. Except in Kerala and some other progressive states, no meaningful devolution of powers, functionaries and funds to PRIs has taken place in India.  Conversely, to control the existing PRIs, a devise is made in the form of DPCs [District Planning Committees]. Here DPC is headed by a Minister in a state Cabinet and District Collector as its convener [who is also representative of state government]. This is against the spirit of 73^rd Amendment and therefore DPC is not part of it and other two options are part of the said amendment. This area is very important for main and as well as interview point of view. You are supposed to know the extent of devolution of powers across the states, need for change of mindset of the states and measures to strengthen Panchayat Raj Institutions [PRIs], case studies on the subjects etc.   

 6. Voting in elections is constitutional right/duty under article 326, but not as FD.

8. This is very innovative question and asked based on the development scheme launched by the GOI. [Now similar question may be expected on “Swachch Bharath Abhiyan” this year. See articles under DPSP FR and FD related to this scheme]. The Social assistance programme is nothing to do with FR as getting social assistance is not included in FR and not related to Fundamental Duties as citizen can’t do the duty of the State and the only option left is DPSP which are fundamental for the governing the Country and basically aimed at meeting social and economic equality as enshrined in the Preamble of the Constitution. Any social assistance programme, including wage and self employment programmes and provision of subsidy etc can’t be FR or FD and it must come under DPSP only.

10. The chairman of the Drafting Committee of Indian Constitution, Dr.Ambedkar described “Preamble” as “heart, soul and ornament of the Constitution” of India to stress its importance in elucidating the goal of freedom fighters and framers of the constitution in a nutshell. Similarly, he has described Article 32 as the heart and soul of the FR as without it, they can be legal rights but not FR guaranteed by Supreme Court of India.

11. It is important to know the history of creation of states or reorganization of states from the Independence on the basis of language, culture and other bases. Know the background and years of creation of states in India

12 and 14. The Supreme Court is the guarantor of FR in India and for this purpose writs u/a 32 are put in place. But SC can’t issue writs other than the five mentioned in the article 32, Habeas Corpus, Mandamus, Quo-warranto, Prohibition and Certiorari, where as power given to High courts u/a 226 is very wide and they can issue writs beyond five mentioned in article 32. The mandamus can be issued against any Govt. or quasi Govt. officers or agencies who failed to do the duty casted upon them. Hence, the Writ of Mandamus lies against the Administrative Tribunals. The Legislative power to enact laws on preventive detention is in Union List and states have no role to play in this regard. Conservation of Foreign exchange and Prevention of smuggling activities, 1974 is a Preventive Detention Law. Hence answer is B.

13. Answer the descriptive question, relationship between FR and DPSP. Both the statements are true.

15. See question 43 for Injunction.

16. Based on the decision of the Supreme Court in the case of Menaka Gandhi vs Union of India, articles, 14 [Right to Equality], 19 [Right to Freedom] & 21 [Right to life and personal liberty] are regarded as the “Golden Triangle” which is very essential for dignified living of the human beings.

17. Points 1 to 3 prove that Fundamental Rights are not absolute rights and reasonable restrictions can be imposed and suspended during emergency. But, the power of Parliament to make some ordinary right as FR [for eg. Right to education for the kids below 14 years was made FR by inserting article 21A, which was earlier Directive principle]  is related to positive action by the State and therefore it is enrichment of FR, but not imposition of restrictions. Hence, answer is D

18. The linguistic and religious minorities in India have FR to start and administer their own educational institutions for them. But if they start any educational institution for general public or general institution that would not be FR and general right like other public have. The right of the minorities to start and administer their own institutions is not an absolute right and they are subjected to reasonable restrictions to promote efficiency and prevent mal-administration. The Supreme Court also ruled that they have to admit certain number of general students into their institutions.   

23 & 24. Parliament is only empowered to alter the boundaries of any existing state/s of India and states have practically no role in creation of a new state or alteration of their boundaries or change of their names. A bill to this effect can be introduced in either house of the Parliament, but only on the recommendation of the President of India. The President is obliged to send the bill to the affected state Legislature/s for eliciting its or their opinion and the said opinion is not binding on him. The bill has to be passed by the both house of Parliament with simple majority. According to article 4, alteration of boundaries or creation of new states or change of names of existing state/s is categorized as “ordinary legislation” and not an amendment to constitution within the meaning of article 368 of the Constitution. In other words, the provisions in articles 1 to 4 are most simple and greatly flexible for amendments and that to treating the bill as non- constitutional amendment bill.

26. There is no concept of nationalization by which citizenship can be acquired in India. But other 4 modes are the ways through which one can acquire Indian citizenship. Sikkimese were the people who got Indian citizenship by incorporating Sikkim as one of the states in India. The acquisition of citizenship by descent is also recognized in India.

28. Death is not one of the ways to lose Indian citizenship as Citizenship Act, 1955.

32. The concept of preamble was sourced from the USA constitution. The Supreme Court in the case of Berubari vs Union of India case [1960] ruled that preamble is not a part of Constitution. This position was reversed in Kesavananda Bharati vs State of Kerala [1973] has ruled that preamble is part of the constitution. The preamble is the key to the Constitution and helps the Courts in interpreting the constitution. It is non-justiceable, i.e., nobody can go to Courts for its non-implementation. It is to be noted that unlike Preamble and DPSP, FR are justicealbe as citizens have right to constitutional remedies u/a 32.

34. Among all the FR, article 32 is most important as it gives authority to people to move to High Courts/ Supreme Court for their implementation. Rights have no meaning unless they are implemented. Hence, Dr. Ambedkar has rightly described article 32, right to constitutional remedies as “heart and soul” of the FR.   

36. The Supreme Court has struck down the 1994 Karnataka state Govt.’s direction to make

Kannada as a compulsory medium of instruction to the classes I to IV on the ground that it

violate “freedom of speech and expression” of the parents and students and also affect the right

of the minority and private unaided schools to carry on their occupation. The freedom of speech

and expression to join their son or daughter to any school or medium is guaranteed to all the

parents or guardians article 19(1)(a). Similarly, the schools runs by minorities and un-aided

 schools have right to carry on the profession/trade in the way they wish to do under article

19(1)(g). Hence, both points are correct as per SC order.

37. The State shall not make any law which takes away or abridges the fundamental rights by way of bringing an Ordinance, Bye-law and Rule. However, FR can be abridged by way of Constitutional amendment. The Supreme Court has validated abridgment of FR while implementing the DPSPs mentioned in article 39 (b) and 39 (c). In other words, FR can be abridged by due process of law or procedure established by law, but not otherwise.

38. The preamble reflects the ideas and ideals of the framers of the Constitution. The objectives of Political systems such as bringing out political, social and economic Independence to all its citizens are mentioned in the preamble. The ultimate source of Political power in India is people and they themselves made the constitution to rule themselves through their representatives in representative democracy. The preamble speak about establishing socialist secular and democratic Govt. Hence, all the points are correct.  

39. If a criminal case is filed against any govt. employee by the CBI in the case of employees of Central Government and PSUs and ACB in the case of state Government employees, there will be parallel Departmental proceedings against the employee if the offence is committed related to his or her job. Say for example if employee arrested for committing a road accident, local police may arrest the employee and file a criminal case, here the crime is not related to his job and hence there would not be any Departmental proceedings for taking action against him. However, it is the general rule to suspend the employee if he or she is arrested and kept in police custody for more than 48 hours.  As per article 20, nobody can be punished for a crime more than once. That doesn’t mean that Department cannot initiate disciplinary proceedings against the employee, in addition to the case filed by law enforcing agencies in the court of law. In other words, a person or employee cannot be punished two times for the same offence.  But, taking action by the enforcement agency and Department of the employee for the offence committed CANNOT be “double jeopardy” or double punishment.

40. See question 47.

42. The laws made by the Parliament are two types, 1. Prospective and 2. Retrospective. Prospective laws are those which apply from the date of President Assent to the bill. The retrospective laws are those which are passed now, but date of implementation would go back to earlier period as Parliament decides.  In India civil laws can be retrospective but not criminal laws. Income-Tax Act is a civil law and therefore Parliament made retrospective amendment to tax the Vodafone-Husthingsons deal. Hence, Point no. 1 is wrong and point no 2 is correct. Ans. is A.

43. In a court language, aggrieved person who has filed a case in a court of law is called

“Plaintiff” or complainant and the person against whom the case is filed is called

 “Defendant/ accused”. Both are called parties to the suit/case filed. Injunction is not a writ of a

court. It is a court order that requires a  party/defendant to do or refrain from doing specific acts.

 It can be issued against Govt. and also against any private individual who is the cause for

nuisance. For example, if any person is making construction in a plantiff’s land, upon filing a

case in a court of law,  the court gives direction, called, Injunction, to the accused to stop the

work till the final verdict in the case is given by it. Hence, injunction provide a temporary relief to

the plaintiff and case is decided in final order after hearing the case fully.  

  

47. According to article 15 of the constitution, special provisions for their advancement can be made for the following class/es of persons: Women & Children; Socially & educationally backward classes and Scheduled Castes & Scheduled Tribes and not for the economically backward classes. Under the constitution, economic backwardness is not a condition for making special provision under article 15 and 16.

49 and 54. Non-Resident Indians [NRIs] are citizens of India who holds an Indian passport and has temporarily emigrated to another country for six months or more for employment, residence, education or any other purpose. Since they are Indian citizens they have all the entitlements as Indian citizens including acquiring properties as they deem fit and occupy any constitutional posts. The Persons of Indian Origin [PIOs] and Overseas Citizens of India [OCI] are proscribed from acquiring agricultural and plantation properties in India and such bar is NOT there on NRIs. It is to be noted that PIOs and OCI are not entitled to vote and occupy constitutional posts in India. PIOs and OCI card holders are specifically barred to occupy constitutional posts in India. However, if any foreigner applied for and obtained Indian citizenship as per law can occupy any constitutional post in India. This is regarded as one of the grey/controversial areas in our Citizenship laws. Mrs. Sonia Gandhi was eligible to become PM can be taken as example.  

53. POTA was repealed in 2004 and other three acts are under operation now. These laws are made under Article 22 (1) and (2).

71 to 80. See my blog for the post, posted last year under the head “Constitutional Development in India”. This is very important for understanding Indian Freedom Struggle also, especially after 1885. The British Parliament initially passed regulations/charters to control the affairs of the East India company in India, starting from exercising Indirect control through Regulating Act, 1773, direct control by Pitts India Act, 1794 and extension of Charters in every 10 years. After the Sepoy Mutiny, Indian Government was taken over by Crown by way of GOI Act, 1858. After the birth of INC in 1885, all the acts passed were to satisfy the moderates, and slowly towards establishing responsible governments at Provinces and at the end proposed Federation of British India with all British India Provinces, Princely states etc under GOI Act, 1935 which was never implemented, the GOI Act, 1919 continues to in operation till 1945. This area required to be mastered for understanding History as well as Indian Polity.  

81 and 83. The Constitution framers adopted from several sources, features which are present in the Indian Constitution. The main sources may be identified as

Source	Issues adopted
GOI Act, 1935	Federal Scheme, Office of Governor, Judiciary, Public Service Commissions, Emergency provisions, Administrative details.
British constitution	Parliamentary government, Rule of Law, Legislative procedure, Single citizenship, Cabinet System, Prerogative Writs.
US constitution	Fundamental Rights, Independence of Judiciary, Judicial Review, Impeachment of the President, Removal of Supreme Court and High Court judges and post of Vice-President.
Irish constitution	Directive Principles of State Policy, nomination of members to Rajya Sabha and method of election of President, Federation with a strong centre, Vesting of residuary powers in the Centre, appointment of State Governors by the Centre and advisory jurisdiction of the Supreme Court.
Canadian Constitution	Federation with a strong centre, residuary powers with the centre, appointment of state governors by the centre and advisory jurisdiction of the Supreme Court.
Australian constitution	Concurrent List, Freedom of trade, commerce and intercourse joint sitting of the two Houses of Parliament.
Weimar Constitution:	Suspension of Fundamental Rights during Emergency
Soviet constitution	Fundamental duties, the ideal of justice (social, economic and political) in the Preamble.
French constitution	Republic and the ideals of liberty equality and fraternity in the Preamble.
South African	Procedure for amendment, the Constitution and election of the members of Rajya Sabha.
Japanese constitution	Procedure established by law. The drafted Constitution was finally adopted on November 26, 1949.

82. Schedules are lists in the Constitution that categorize and tabulate bureaucratic activity and policy of the Government.

Schedule	Contents
1st schedule	List of States & Union Territories (Articles 1 and 4)
2nd Schedule	Salary of President, Governors, Chief Judges, Judges of High Court and Supreme court, Comptroller and Auditor General (Articles 59(3), 65(3), 75(6), 97, 125, 148(3), 158(3), 164(5), 186 and 221)
3rd Schedule	Forms of Oaths and affirmations(Articles 75(4), 99, 124(6), 148(2), 164(3), 188 and 219)
4th  Schedule	Allocate seats for each state of India in Rajya Sabha (Articles 4(1) and 80(2))
5th Schedule	Administration and control of scheduled areas and tribes (Article 244(1))
6th  Schedule	Provisions for administration of Tribal Area in Asom, Meghalaya, Tripura, Mizoram & Arunachal Pradesh (Articles 244(2) and 275(1))
7th Schedule	Gives allocation of powers and functions between Union & States. It contains 3 lists Union List (For central Govt) 97 Subjects. States List (Powers of State Govt) 66 subjects Concurrent List (Both Union & States) 47 subjects (Article 246)
8th  Schedule	The Eighth Schedule to the Constitution consists of the following 22 languages:- (Articles 344(1) and 351)— (1)    Assamese, (2) Bengali, (3) Gujarati, (4) Hindi, (5) Kannada, (6) Kashmiri, (7) Konkani, (8) Malayalam, (9) Manipuri,  (10) Marathi, (11) Nepali, (12) Oriya, (13) Punjabi, (14) Sanskrit, (15) Sindhi, (16) Tamil, (17) Telugu, (18) Urdu (19) Bodo, (20) Santhali, (21) Maithili and (22) Dogri. Sindhi was added in 1967 by 21 Amendment Konkani, Manipuri ad Nepali were added in 1992 by 71 amendment Santhali, Maithili, Bodo and Dogri were added in 2003 by 92 amendment
9th Schedule	Validation of certain Acts and Regulations. Added by Ist amendment in 1951. Contains acts & orders related to land tenure, land tax, railways, industries.{Right of property not a fundamental right now} (Article 31-B)
10th  Schedule	Added by 52nd amendment in 1985. Contains provisions of disqualification of grounds of defection(Articles 102(2) and 191(2))—"
11th Schedule	By 73rd amendment in 1992. Contains provisions of Panchayati Raj (rural local government). (Article 243-D)
12th  Schedule	By 74thamendment in 1992. Contains provisions of Municipalities (urban local government).  (Article 243-W)

85. A State (Note the capital S) is any modern sovereign country with internationally recognized boundaries. Eg. India, Pakistan, USA etc.  Nationality represents homogeneity, where people share a common language, religion, institutions, world view, history etc. In India, if language is taken as a basis, all the language based states can be called as nations. Eg. Tamil Naud as Tamil nation, Telugu speaking people as Telugu Nation, Gurjarat, Rajastan and so on. If a nation itself is a State, those countries are called as “Nation State”. Eg. Albania [The vast majority of the population is ethnically Albanian at about 98.6% of the population, with the remainder consisting of a few small ethnic minorities], Bangladesh [The vast majority ethnic group of Bangladesh are the Bengali people, comprising 98% of the population, with the remainder consisting of mostly Bihari migrants and indigenous tribal groups.  ] and Egypt [The vast majority of Egypt's population consists of ethnic Egyptians at about 99% of the population, with the remainder consisting of a few small ethnic minorities, as well as refugees or asylum seekers] etc.  There are certain States which has two nations. Eg. Canada and Belgium.  Those nationalities without State are called “Stateless” Eg. Kurds, Palestinians, Rohingyas in Myanmar etc.  

           India with its 1.26 billion people is a multi-ethnic society where people belong to almost all religions live and similarly different cultures. Hence, like most of the countries, India is a nation in making.

89 and 90. As already stated supra, the FR granted to individuals/Press, under the Constitution is not absolute rights, but they are “Restrictive Rights”. The Constitution lists may grounds on which these rights can be restricted by Parliament. The FR can be restricted by Parliament only by means of law. It is for the Supreme Court and High Courts to decide whether the restriction imposed are reasonable or not

The grounds for such restrictions are

Ø  Maintenance of Sovereignty and Integrity of the Country.

Ø  Maintenance of friendly relations with foreign States.

Ø  Maintenance of Public Order, Morality and decency.

Ø  Promotion of the interest of any socially and educationally backward classes of citizens or the Schedule Castes and the Schedule Tribes and promotion of the interest of Women and children..

Ø  Contempt of court or defamation; incitement to an offence etc.

National commission to Review the working of the constitution (NCRWC) recommended that freedom of press be explicitly granted.

[During National Emergency, all the Fundamental Rights (except that relating to Art 20 and 21) can be suspended.]

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