Answers &

Explanations
of

TEST CODE: TS21E1013

GENERAL STUDIES (PAPER – I)

POLITY-1
 ANSWERS & EXPLANATIONS OF
POLITY-1
GS Paper-I (TS21E1013)
1. Answer: (a)
Explanation:
The Regulating Act of 1773 provided for
the establishment of a Supreme Court of
Justice at Calcutta, to give justice to the
Europeans, their employees and the
citizens of Calcutta.
Warren Hastings was the first Governor
General of Bengal.
The Regulating Act of 1773 did not work
smoothly in practice. Its defects and
weaknesses were exposed when it was
put to working. The supervision of the
British government was ineffective. The
Governor General had to face the
opposition of his Council, who united
against him. He had no power to over-ride
them, though in case of an equal division
he had a casting vote. Disunity of the
Council prevented it from solving the
external and internal problems of serious
nature. It had to often face deadlocks
which impeded smooth working of the
administration.
2. Answer: (a)
Explanation:
The Pitt’s India Act of 1784 established a
Board of Control consisting of 6
Commissioners, including 2 Cabinet
Ministers. The Board of Control was to
guide and control the work of the Court of
Directors and the Government of India.
They were to control all matters of civil
and military Government of the British
territories in India. A secret Committee,
consisting of 3 Directors, was appointed
to take the place of the Court of Directors
in political and military matters.
The Act laid the foundation of a
centralized administration, a process
which reached its climax towards the
close of the 19th century. The Parliament's
control over the East India Company was
RAUSIAS-TS21E1013
tightened, a trend which remained
conspicuous till the Crown directly took
over the Government of India in 1858.
The Act established the principle that the
Government of India be placed under the
Governor General and a Council of 3, so
that if only 1 member of the Council
supported him, he could have his way.
The Governor General was given a casting
vote.
The Act clearly stated that the
Presidencies of Madras and Bombay
were to be subordinate to the
Presidency of Bengal in all matters of
war, diplomatic relations and revenue.
The Government of India was to be
carried on till 1857, according to the
framework given in the Pitt's India Act.
Cornwallis, when appointed the Governor
General, insisted on having the power to
over-ride his Council in important
matters, such as safety, peace and
interests of the Crown in India.
As per the Act of 1784, the offices of the
Governor General and the Commander-
in-Chief were to be united in the same
person.
3. Answer: (a)
Explanation:
The Charter Act of 1793: A regular code
of all regulations that could be enacted
for the internal Government of the British
territory in Bengal was framed. The
Regulation applied to the rights, persons
and properties of the Indian people and it
bound the Courts to regulate their
decisions by the rules and regulations
contained therein.
The Act of 1793, thus, laid the foundation
of the government by the written laws
and regulations in British India, in place
of the personal rule of the past rulers.
The interpretation of the regulations and
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 written laws was to be done by the
Courts. The concepts of a civil law,
enacted by a secular human agency and
applied universally, was an important
change.
The Indians were not given positions
where they could share the influence
or authority. The Indians were
excluded "to satisfy the demand of the
English men for lucrative jobs."
4. Answer: (b)
Explanation:
The Charter Act of 1813 renewed the
Company's Charter for 20 years, but it
asserted the sovereignty of the British
Crown over the Indian territories held by
the Company. The Company was allowed
to have territorial possessions for another
20 years.
The Company was deprived of its
monopoly of trade with India. It was
allowed to continue with its monopoly of
trade with China for 20 years. The Indian
trade was thrown open to all British
merchants.
Under the Charter Act of 1833, the
Company was to have only the political
functions. The Indian possessions of the
Company were to be held in trust for the
British Crown.
5. Answer: (b)
Explanation:
The Charter Act of 1833: The Governor
General of Bengal became the Governor
General of India. The Governor General in
Council was to control, superintend and
direct the civil and military affairs of the
Company.
Bombay, Bengal, Madras and other
regions were subjected to complete
control of the Governor General in
Council. The Central Government was to
have complete control over raising of the
revenues and expenditure.
By the Act of 1833, the Governor General
in Council was given the power to
legislate for the whole of the British
RAUSIAS-TS21E1013
territories in India. These laws were
applicable to all persons, British or
Indian foreigners or others and to the
servants of the Company. They were
enforceable by all courts in India.
The Act provided for the codification of
laws in India. There were several types of
laws before 1833. There were the English
Acts, Presidency Regulations, Hindu Law,
Muslim Law, Customary Law etc.
The Company was deprived of its
monopoly of trade with China. This act
permitted the English to settle freely in
India.
6. Answer: (d)
Explanation:
The idea of a Constituent Assembly to
frame a Constitution for a country was
alien to the British imperial practice. It
was first demanded by the Indian
National Congress in 1934. The Muslim
League was opposed to it, because it
suspected that a Constituent Assembly,
elected by adult franchise, would be
dominated by the Congress, whom the
League considered to be a Hindu party.
7. Answer: (b)
Explanation:
In January, 1946, there were elections to
the Provincial Legislatures. In March, the
same year, a Committee of the British
Cabinet, known as the Cabinet Mission,
led by Sir Pethick-Lawrence, visited India
to assess the Indian political situation
and frame a scheme for making a
Constitution for India. The Cabinet
Mission held a conference at Shimla to
bring about an understanding among
the major political parties, but failed
to achieve it. As a result, the Mission
issued its own plan.
The Constituent Assembly: The plan
made by the Cabinet Mission
recommended for a Constituent
Assembly, consisting of the
representatives of all the major groups.
The Cabinet Mission thought that,
2
 though the ideal way to form it would be
through election on the basis of adult
suffrage, there was no time left for that.
Earlier that year, the Provincial
Legislatures had been elected on the
basis of a limited franchise and
communal electorates. The Cabinet
Mission proposed that the Constituent
Assembly be elected by those Provincial
Assemblies.
The Cabinet Mission held that, as the
Muslims were apprehensive of a unitary,
Hindu majority state, the Constitutional
Structure should be Federal. The
Provinces should have maximum
autonomy and the Central Government
should have minimum power, such as on
foreign affairs, defence and
communication. The Union could raise
necessary financial resources required for
the administration of such subjects. The
Union would include not only the British
Indian Provinces, but also the Princely
States, so long under the paramount
power of the British Government. All the
residual powers, i.e., the powers not given
to the Union, would belong to the
Provinces and the States. The Union
should have an Executive and a
Legislature, consisting of the
representatives of the Provinces and the
States. Any question raising a major
communal issue in the Legislature should
require for its decision a majority of the
representatives present and voting of
each of the two major communities, i.e.,
the Hindu and the Muslim.
The Cabinet Mission made an
extraordinary proposal: 'The Provinces
should be free to form groups with
Executives and Legislatures, and each
group could determine the provincial
subjects to be taken in common'. This
would create a third-tier of the
government, between the Union and
the Provinces hitherto unknown to the
Federal practice.
The Cabinet Mission itself laid down a
procedure for the Constituent Assembly
that would necessarily create groups in a
RAUSIAS-TS21E1013
communal way. According to that
procedure, the Provinces would sit in
three sections as determined by the
Mission. Two of such sections would be
the Muslim-majority and the third section
would be the Hindu-majority. The Hindu-
majority section - Section A - would be
made up of the provinces of Madras,
Bombay, the United Provinces (now Uttar
Pradesh: UP), Bihar, the Central Province
(now Madhya Pradesh: M.P) and Orissa.
Section B would comprise Punjab,
Baluchistan, the North-West Frontier
Province and Sind. Section C would be
made up of Assam and Bengal. Assam
itself was not a Muslim-majority province.
But, Bengal and Assam together would be
a Muslim-majority section (Section C).
The third extra-ordinary phenomenon
was a partial application of the communal
veto. No decision on a major communal
issue could be taken in the Constituent
Assembly without a majority of the
members of the two major communities
(General and Muslim) agreeing to it. This
principle, however, would not apply to the
sections where a simple majority was
enough to take any decision.
The fourth extraordinary phenomenon
was the formula that, once a section
formed a Group Constitution, no Province
would be free to withdraw from the group
it was in. A Province could leave such a
group only after the first general election
held under the Group Constitution.
8. Answer: (c)
Explanation:
In the Constituent Assembly, the
Congress had an overwhelming majority.
But, the Congress party had nominated
several members from outside the party's
fold. Many of them were legal experts and
leading legislators in the previous British
Indian Legislatures. Several brilliant
officials of the British Indian Government,
led by Sir Benegal Narsing Rau (Sir B.N.
Rau), were drafted for the work of the
Constituent Assembly. Experts from
outside were frequently consulted.
3
 Precedents of the foreign Constitutions
were carefully studied.
Sir B. N. Rau was one of the foremost
Indian jurists of his time, who played a
key role in drafting the Constitution of
India. He was a distinguished Indian Civil
Servant, jurist, diplomat and statesman.
Rau helped draft the Constitution of
Burma in 1947 and that of India in 1950.
He was also India’s representative to the
United Nations Security Council from
1950 to 1952. From February, 1952, until
his death, he was the first Indian to be a
judge of the Permanent Court of
International Justice, The Hague. Before
his election as a judge, he was regarded
as a candidate for the post of the UN
Secretary-General.
9. Answer: (c)
Explanation:
There were two broad types of leadership
in the Constituent Assembly: (i) political
and (ii) technical. Because of the
predominance of the Congress party, the
political leadership naturally vested in its
leaders. The top of this leadership
consisted of Pandit Jawaharlal Nehru,
Sardar Vallabhbhai Patel, Maulana Abul
Kalam Azad and Dr. Rajendra Prasad.
Granville Austin calls the Nehru-Patel-
Azad-Prasad team 'the oligarchy.'
Below this level there were the Cabinet
Ministers at the centre, Provincial Prime
Ministers, former Congress Presidents,
like Pattabhi Sitaramaiya and important
Congress leaders like K.M. Munshi,
Thakurdas Bhargava, A.V. Thakkar and
Sri Prakasa. Outside the party's pale
there were the legal luminaries of the
time and statesmen of the liberal
tradition, like Alladi Krishnaswami Ayyar,
N. Gopalaswami Ayyangar, B.R.
Ambedkar, K.M. Panikkar, Pandit Hriday
Natli Kunjru (who was not a member of
the Constituent Assembly) and, in the
early days, B.L. Mitter. Of these leaders,
K.M. Munshi within the Congress and
B.R. Ambedkar from outside combined
their technical brilliance with
RAUSIAS-TS21E1013
statesmanship, as did some
Congressmen, like K. Santhanam and
T.T. Krishnamachari, whose association
with the party was not long.
Krishnamachari, a critic of some aspects
of the Draft Constitution, was actually
included in the Drafting Committee in
late 1948.
Among the 299 members of the Assembly,
15 were women, who had either been
voted or chosen to represent their
Provinces, who left their mark on the
making of the Republic. The women
whose speeches can still be found in
archives are Durgabai Deshmukh,
Rajkumari Amrit Kaur, Begum Aizaz
Rasul, Renuka Ray and Purnima Banerji,
as well as well-known names like Sarojini
Naidu and Vijayalakshmi Pandit. Ammu
Swaminathan, better known as the
mother of Captain Lakshmi Sahgal,
expressed her disappointment about the
length of the Constitution, wishing they
had made one which could be easily
converted into a pocketbook. Sucheta
Kriplani led the Assembly in singing
‘Vande Mataram’, ‘Saare Jahan Se
Achcha’ and the national anthem.
Subhash Chandra Bose was not a
member of the Constituent Assembly. M.
K. Gandhi also was not a member of the
Constituent Assembly of India.
10. Answer: (d)
Explanation:
The Congress had nominated not only
two Hindu Mahasabha leaders, M.R.
Jayakar and Syama Prasad Mukherjee,
but also two Socialists and two Forward
Bloc members.
In early 1948, the Socialists and the
Forward Bloc severed their connections
with the Congress and directed its
members to resign from the Assembly.
The members declined and continued in
the Constituent Assembly.
Such people, as several Congressmen,
were critical of several aspects of the
Constitution, but could not be called
consistent 'oppositionists'. At the end of
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 the Constituent Assembly's work, most of
them expressed satisfaction. Some
Muslim Leaguers and the Akali member,
Sardar Hukum Singh, however, remained
strong critics of the Constitution for its
denial of political status of the minorities
to the Muslims and the Sikhs.
11. Answer: (c)
Explanation:
The Constituent Assembly set up a large
number of Committees on procedural and
substantive matters. Some of the
Committees consulted outsiders, besides
discussing the issues thoroughly. After
the preliminary works were completed
and the Reports of the Committees were
discussed in the Constituent Assembly,
they were forwarded to the Drafting
Committee for incorporation of the
recommendations in the Draft
Constitution. The Draft Constitution was
moved in the Constituent Assembly.
There were three readings of the Draft
Constitution in the way all legislations
have. Some of the draft provisions were
discussed again and again. The debate
was thorough and intensive. After nearly
3 years of work, the Constituent
Assembly of India produced the world's
biggest written Constitution. It was
authenticated by the Chairman of the
Constituent Assembly, Dr. Rajendra
Prasad, on 29th November, 1949, and
came into force on 26th January, 1950.
Meanwhile, 554 Princely States merged
with a Republican India.
K.M. Munshi was the Chairman of the
Order of Business Committee.
12. Answer: (b)
Explanation:
S.N. Committee on the Chairman
Constituent
Assembly
1. The Ad Rajendra
hoc Committee on Prasad
the National Flag
2. The Committee on G.V.
RAUSIAS-TS21E1013
the functions of Mavalankar
the Constituent
Assembly
3. The States Jawaharlal
Committee Nehru
13. Answer: (d)
Explanation:
 Article 1 in the Constitution states
that India, that is Bharat, shall be a
Union of States.
 It is not possible for the States of the
Union of India to exercise any right of
secession.
 By the 16th Amendment of the
Constitution in 1963, it has been
made clear that even the Advocacy
of Secession will not have the
protection of the freedom of
expression.
14. Answer: (b)
Explanation:
 The French (not the Dutch)
settlement, Karikal, Mahe and
Yanam, were ceded to India in
1954.
 Article 371F deals with the special
provisions related to Sikkim.
15. Answer: (d)
Explanation:
 In the Indian Union, the states are not
“indestructible’’ units, as in the USA.
 Not only does the Constitution offer
no guarantee to the states against
affecting their territorial integrity
without their consent, there is no
theory of ‘Equality of State Rights’
underlying the federal scheme in our
Constitution, since it is not the result
of any agreement between the states.
 Under our Constitution, there is no
equality of representation of the states
in the Council of States. As given in
the Fourth Schedule, the number of
members for several states varies from
1 to 31.
5
  The territory of India shall consist of establishment of new states and
the following: alteration of the names, areas and
o The territories of the states, boundaries etc., of the established
o The Union territories and states, are not to be considered
Amendments of the Constitution
o Any territory that may be acquired in
under Article 368.
future.
 It means that these can be passed
without resorting to any special
16. Answer: (b)
procedure and by a simple majority.
Explanation:
 By a simple majority and by the
Article 2 states that the Parliament ordinary legislative process the
may, by law, admit new states into the Parliament may form new states or
Union of India, or establish new states alter the boundaries.
on the terms and conditions it deems fit.

20. Answer: (a)

17. Answer: (c)
Explanation:
Explanation:
1. Jharkhand 15th Nov., 2000
 The Parliament of India can form new
states by separation of a territory from 2. Uttarakhand 9th Nov., 2000
any state. 3. Chhattisgarh 1st Nov., 2000
 The Bills that seek to change or alter 4. Telangana 2nd June, 2014
the name, boundaries, area of a state,
or form a new state by separation of
territory from any state under Article 21. Answer: (a)
3 of the Indian Constitution, require Explanation:
prior recommendations of the The Regulating Act of 1773: In the field
President. of Executive Government, the status of
the Governor of Bengal was raised to the
18. Answer: (d) Governor General. His Council would
consist of 4 members. In this body was
Explanation:
vested the civil and military
 The proposal containing the administration of the Presidency, and the
alternation of the area, boundaries or government of all the territorial
the name of the state has to refer by acquisitions and revenues in the
the President to the Legislature of the kingdoms of Bengal, Bihar and Orissa.
concerned state, for expressing
The Governor General in Council was
opinion.
given the power to superintend and
 Such opinion has to be expressed control the Presidencies of Madras and
within a period specified by the Bombay in the matters of war and peace.
President. The Governors of Madras and Bombay
 In any case, the views expressed do were required to send regularly to the
not bind the decisions of either the Governor General, information connected
President or the Parliament. with the government, revenues or
interests of the Company. The Governor
19. Answer: (b) General, in turn, was under the direct
Explanation: control of the Court of Directors and kept
it fully informed of the affairs concerning
 Article 4 of the Indian Constitution
the interests of the Company.
specifies that the laws provided in
Articles 2 and 3, admission /

RAUSIAS-TS21E1013 6
22. Answer: (c)
Explanation:
 By the Charter Act of 1853, the
separation of the executive and the
legislative functions was carried a step
further by the provision of additional
members of the Council for the
purpose of legislation.
 The Law Member was made a full
member of the Executive Council of
the Governor General. The consent of
the Governor General was made
necessary for all legislative proposals.
In this framework the central
legislature was completed.
 The Council in its legislative capacity
was to consist of 12 members. These
included the Governor General, the
Commander-in-Chief, 4 members of
his Council and six legislative
members.
 All vacancies in India were to be filled
in by competitive examinations.
 The number of Directors was reduced
from 24 to 18. Six of them were to be
nominated by the Crown.
 The Board of Control and the Court of
Directors were abolished. Their place
was taken by the Secretary of State of
India and his India Council. They
were to govern India in the name of
Her Majesty. The Secretary of State
was to sit in the Parliament. He was a
Cabinet Minister of England and as
such, was responsible to the
Parliament. The ultimate power over
India remained with the Parliament.
 The Act created an India Council of 15
members. It was to advise the
Secretary of State who could over-rule
its decisions. The approval of the
Council was essential in financial
matters. Most of the members of the
India Council were those who had
retired from the Indian services.
24. Answer: (b)
Explanation:
S.N. Committees and Chairperson
Sub-Committees
the Constituent
Assembly

 The "Legislative Councillors" were 1. Rules of Dr. Rajendra

neatly distinguished from the Procedure Prasad
"Executive Councillors" and by doing Committee
so, the legislation was, for the first 2. Minorities Sub- H.C.
time, treated as a special function of Committee Mukherjee
the government, requiring special 3. North-East Gopinath
machinery and special procedure. Frontier Tribal Bardoloi
 The authorities in Britain felt that Areas and Assam
when the Council, which consisted of Excluded &
the British officials only, showed Partially
boldness and inquisitiveness, and Excluded Areas
pried into the field of the executive. Sub-Committee
 No Indians was associated with the
Legislative Councils. 25. Answer: (a)
Explanation:
23. Answer: (d) S.N. Committees / Chairperson
Explanation: Commission
The Government of India Act, 1858 – 1. Expert Nalini Ranjan
 The Government of India passed from Committee on Sarkar
the hands of the English East India the Financial
Company to the Crown. The armed Provisions of the
Union
forces of the Company were
Constitution
transferred to the Crown.

RAUSIAS-TS21E1013 7
 2. Linguistic S.K. Dhar 9. Directive Principles of State Policy
Provinces 10. Fundamental Duties
Commission 11. Secular State
3. Special Jawaharlal 12. Universal Adult Franchise
Committee to Nehru 13. Single Citizenship
Examine the 14. Independent Bodies
Draft
Constitution
28. Answer: (d)
4. Ad-hoc S. Varadachari Explanation:
Committee on
The structural part of the Constitution
Citizenship
is, to a large extent, derived from the
Government of India Act of 1935.
26. Answer: (b) The philosophical part of the Constitution
Explanation: (The Fundamental Rights and the
Among all the Committees of the Directive Principles of State Policy)
Constituent Assembly, the most derives its inspiration from the American
important Committee was the Drafting and the Irish Constitutions, respectively.
Committee, set up in August, 1947. It The political part of the Constitution
was this Committee that was entrusted (The principle of Cabinet Government
with the task of preparing a draft of the and the relations between the
new Constitution. It consisted of seven executive and the legislature) has been
members. They were: largely drawn from the British
1. Dr. B. R. Ambedkar (Chairman) Constitution.
2. N. Gopalaswamy Ayyangar
3. Alladi Krishnaswamy Ayyar 29. Answer: (b)
4. Dr. K. M. Munshi Explanation:
5. Syed Mohammad Saadullah S.N. Features Sources
6. N. Madhava Rau (He replaced B. L. 1. Procedure Japanese
Mitter, who resigned due to ill-health) established by Constitution
7. T. T. Krishnamachari (He replaced D. Law.
P. Khaitan, who died in 1948)
2. Fundamental Soviet
Duties Constitution
27. Answer: (a)
3. Concurrent List Australian
Explanation: Constitution
The salient features of the Indian
4. Nomination of the Irish
Constitution are as follows:
members to the Constitution
1. Lengthiest Written Constitution Rajya Sabha
2. Drawn from various sources
3. Blend of Rigidity and Flexibility
30. Answer: (d)
4. Federal System with Unitary Bias
Explanation:
5. Parliamentary Form of
 In the Berubari Union case (1960), the
Government
Supreme Court said that the Preamble
6. Synthesis of Parliamentary
shows the general purposes behind
Sovereignty and Judicial Supremacy
several provisions in the Constitution
7. Integrated and Independent and is, thus, a key to the minds of the
Judiciary makers of the Constitution. Further,
8. Fundamental Rights where the terms used in any Article

RAUSIAS-TS21E1013 8
 are ambiguous or capable of more
than one meaning, some assistance at
interpretation may be taken from the
objectives enshrined in the Preamble.
Despite this recognition of the
significance of the Preamble, the
Supreme Court specifically opined
that the Preamble is not a part of the
Constitution.
 In the Kesavananda Bharati case
(1973), the Supreme Court rejected
the earlier opinion and held that the
Preamble is a part of the Constitution.
It observed that the Preamble is of
extreme importance and the
Constitution should be read and
interpreted in the light of the grand
and noble vision expressed in the
Preamble.
 In the LIC of India case (1995) also,
the Supreme Court again held that
the Preamble is an integral part of the
Constitution.
31. Answer: (a)
Explanation:
There had been a demand from different
regions, particularly South India, for the
reorganization of the states on linguistic
basis. Accordingly, in June, 1948, the
Government of India appointed the
Linguistic Provinces Commission under
the chairmanship of S. K. Dhar to
examine the feasibility of this. The
Commission submitted its report in
December, 1948, and recommended the
reorganization of the states on the basis
of administrative convenience, rather
than linguistic factor.
This created much resentment and led to
the appointment of another Linguistic
Provinces Committee by the Congress in
December, 1948, itself to examine the
whole question afresh. It consisted of
Jawaharlal Nehru, Vallabhbhai Patel and
Pattabhi Sitaramayya and hence, was
popularly known as the JVP Committee.
It submitted its report in April, 1949, and
formally rejected language as the basis
for reorganization of the states.
RAUSIAS-TS21E1013
32. Answer: (d)
Explanation:
The Objectives Resolution was introduced
by Jawaharlal Nehru. It was adopted by
the Constituent Assembly in 1947.
This Constituent Assembly declares its
firm and solemn resolve to proclaim India
as an Independent Sovereign Republic
and to draw up for her future governance
a Constitution:
1. Wherein the territories that now
comprise British India, the territories
that now form the Indian States, and
such other parts of India as are
outside British India and the States,
as well as such other territories as are
willing to be constituted into the
Independent Sovereign India, shall be
a Union of them all; and
2. Wherein the said territories, whether
with their present boundaries or with
such others as may be determined by
the Constituent Assembly and
thereafter according to the law of the
Constitution, shall possess and retain
the status of autonomous units,
together with residuary powers, and
exercise all powers and functions of
the Government and the
administration, save and except such
powers and functions as are vested in
or assigned to the Union, or as are
inherent or implied in the Union or
resulting therefrom; and
3. Wherein all power and authority of the
Sovereign Independent India, its
constituent parts and organs of
Governments are derived from the
people; and
4. Wherein shall be guaranteed and
secured to all the people of India
justice, social, economic and political;
equality of status, of opportunity, and
before the law; freedom of thought,
expression, belief, faith, worship,
vocation, association and action,
subject to law and public morality;
and
5. Wherein adequate safeguards shall be
provided for the minorities, backward
9
 and tribal areas, and depressed and
other backward classes; and
6. Wherein shall be maintained the
integrity of the territory of the
Republic and its sovereign rights on
land, sea and air according to justice
and the law of civilized nations; and
7. The ancient land attains its rightful
and honoured place in the world and
makes its full and willing contribution
to the promotion of world peace and
the welfare of mankind.
33. Answer: (d)
Explanation:
A democratic polity can be classified into
two categories: Monarchy and Republic.
In a Monarchy, the head of the state
(usually the king or the queen) enjoys a
hereditary position, i.e., he comes into the
office through succession, e.g., Britain. In
a Republic, on the other hand, the head
of the state is always elected directly or
indirectly for a fixed period, e.g., the USA.
Therefore, the term ‘Republic’ in our
Preamble indicates that India has an
elected head, called the President. He is
elected indirectly for a fixed period of 5
years.
A Republic also means two more things:
one, vesting of the political sovereignty in
the people and not in a single individual,
like a king; second, the absence of any
privileged class and hence, all public
offices being opened to every citizen
without any discrimination.
34. Answer: (a)
Explanation:
The term ‘Liberty’ means the absence of
restraints on the activities of the
individuals and, at the same time,
providing opportunities for the
development of individual personalities.
However, Liberty does not mean ‘license’
to do what one likes and has to be
enjoyed within the limitations mentioned
in the Constitution itself. In brief, the
Liberty conceived by the Preamble or
RAUSIAS-TS21E1013
the Fundamental Rights is not
absolute, but qualified. There is a
concept of reasonable restriction
imposed to restrain Liberty.
35. Answer: (c)
Explanation:
Preamble to the Constitution: In the
Kesavananda Bharati case, the Supreme
Court held that the Preamble is a part of
the Constitution. It observed that the
Preamble is of extreme importance and
the Constitution should be read and
interpreted in the light of the grand and
noble vision expressed in the Preamble.
Like any other part of the Constitution,
the Preamble was also enacted by the
Constituent Assembly, but after the rest
of the Constitution was already enacted.
The reason for inserting the Preamble at
the end was to ensure that it was in
conformity with the Constitution, as
adopted by the Constituent Assembly.
The question as to whether the Preamble
can be amended under Article 368 of the
Constitution arose for the first time in the
historic Kesavananda Bharati case
(1973). It was urged that the Preamble
cannot be amended, as it is not a part of
the Constitution.
The Supreme Court, however, held that
the Preamble is a part of the
Constitution. The Court stated that the
opinion tendered by it in the Berubari
Union case (1960) in this regard was
wrong and held that the Preamble can be
amended, subject to the condition that no
amendment is done to the ‘basic
features’. In other words, the Court held
that the basic elements or the
fundamental features of the Constitution,
as contained in the Preamble, cannot be
altered by an amendment under Article
368.
The Preamble calls for liberty of thought,
expression, belief, faith and worship.
10
36. Answer: (b) 37. Answer: (b)
Explanation: Explanation:
The Doctrine of Harmonious The Indian Constitution offers no
Construction is judicial approach guarantee to the states against affecting
interpretation of differing conflicting their territorial integrity without their
statutes or laws. consent.
If two or more provisions of the same There is no theory of 'Equality of State
statute are repugnant to each other, then Rights' underlying the federal scheme
in such a situation the court, if possible, in our Constitution, since it is not the
will try to construe the provisions in such result of any agreement between the
a manner as to give effect to both the states.
provisions by maintaining harmony The supremacy of the Constitution and
between the two. The question that the independent judiciary is a must to
two provisions of the same statute are ensure Federalism. The states in India
overlapping or mutually exclusive may be are destructible (Article 3 of the
difficult to determine. Constitution).
The Doctrine of Pith and Substance:
The basic purpose of this Doctrine is to 38. Answer: (b)
determine under which head of power or
Explanation:
field, i.e., under which List (given in the
The term ‘Secular’ was added by the
Seventh Schedule) a given piece of
42nd Constitutional Amendment Act
legislation falls. Pith means ‘true nature’
of 1976. However, as the Supreme Court
or ‘essence of something’ and Substance
said in 1974, although the words ‘secular
means ‘the most important or essential
state’ were not expressly mentioned in the
part of something’.
Constitution, there can be no doubt that
The Doctrine of Pith and Substance says
the Constitution makers wanted to
that where the question arises of
establish such a state and accordingly
determining whether a particular law
Articles 25 to 28 (guaranteeing the
relates to a particular subject (mentioned
Fundamental Right to freedom of religion)
in one List or another), the court looks to
have been included in the Constitution.
the substance of the matter. Thus, if the
Secularism has been pronounced to be a
substance falls within Union List, then
basic structure of the Indian Constitution
the incidental encroachment by the law
by the Supreme Court in the S.R.
on the State List does not make it invalid.
Bommai case.
The Doctrine of Colourable Legislation
While the communities have been
tests the competence of the legislature
given the right to freely practice,
against an enacted law. This Doctrine is
profess and propagation of religion,
based upon the Latin maxim “Quando
however, the Indian state can
aliquid prohibetur ex directo, prohibetur
intervene in the religious affairs.
et per obliquum”, which means “you
Article 25 of the Constitution says:
cannot do indirectly what you cannot do
Freedom of conscience and free
directly”, and based on the Doctrine of
profession, practice and propagation of
Separation of Powers.
religion.

RAUSIAS-TS21E1013 11
 1. Subject to public order, morality and inserted to spell out expressly the high
health and to the other provisions of ideals of socialism.
this Part, all persons are equally It is to be noted, however, that the
entitled to freedom of conscience and ‘socialism’ envisaged by the Indian
the right freely to profess, practise Constitution is not the usual scheme of
and propagate religion. state socialism, which involves
2. Nothing in this Article shall affect the nationalization of all means of production
operation of any existing law or and the abolition of the private property.
prevent the state from making any law Though the word Socialism’ is vague, our
– Supreme Court has observed that its
(a) regulating or restricting any economic, principal aim is to eliminate inequality of
financial, political or other secular income and status, and standards of life,
activity, which may be associated with and to provide a decent standard of life to
religious practice; the working people. The Indian
(b) providing for social welfare and reform Constitution, therefore, does not seek to
or the throwing open of the Hindu abolish private property altogether, but
religious institutions of a public seeks to put it under restraints, so that it
character to all classes and sections of may be used in the interests of the
Hindus. nation, which includes the upliftment of
Explanation I – The wearing and carrying the poor.
of kirpans shall be deemed to be included Instead of a total nationalization of all
in the profession of the Sikh religion property and industry, it envisages a
Explanation II – In sub clause (b) of mixed economy, but aims at offering
clause reference to Hindus shall be equal opportunity to all and the abolition
construed as including a reference to of ‘vested interests’.
persons professing the Sikh, Jaina or From 1992 onwards, the trend is now
Buddhist religion, and the reference to away from socialism to privatization.
Hindu religious institutions shall be Investment in many public enterprises
construed accordingly. has been divested in favour of private
persons, and many industries and
services, which were reserved for the
39. Answer: (d)
government sector, have been thrown
Explanation:
open for the private enterprise. This is in
Socialism in the Indian Constitution –
keeping with the worldwide trend after
The Indian Constitution aims at
the collapse of socialism in the U.S.S.R.
establishing a 'Welfare State' and the
and the East European countries.
establishment of a 'Socialist State'. At the
Avadi Session of the Congress in 1955, a
40. Answer: (c)
Resolution was adopted for an
establishing 'socialistic pattern of society' Explanation:
in India. The goal of the Indian polity is The Separation of Powers in India – The
socialism, was declared clearly by Indian Constitution does not follow strict
inserting the word 'socialist' in the separation of powers, as in the
Preamble by the 42nd Constitutional Constitution of the USA. The executive
Amendment Act of 1976. It has been and legislatures are related. The

RAUSIAS-TS21E1013 12
 executives, i.e., the ministers are part of
the legislatures. The Ordinance making
powers of the President also dilute the
separation of power.
However, in the case of judiciary, there
appears strict separation of powers. This
is evident by:
1. Bar on the legislatures to discuss the
conduct of the judges, apart from the
removal of a judge.
2. The Collegium System, in which the
senior judiciary is appointed by the
collegium of the senior most judges of
the country.
41. Answer: (b)
Explanation:
Democracy in the Indian Constitution
– Democracy is of two types: direct and
indirect. In direct democracy, the people
exercise their supreme power directly, as
is the case in Switzerland. There are four
devices of direct democracy, namely,
Referendum, Initiative, Recall and
Plebiscite. In indirect democracy, on the
other hand, the representatives elected by
the people exercise the supreme power
and, thus, carry on the government and
make the laws. This type of democracy,
also known as the representative
democracy, is of two kinds: Parliamentary
and Presidential. India follows the
indirect system of democracy.
According to Article 83 of the
Constitution, the House of the People,
unless sooner dissolved, shall continue
for 5 years from the date appointed for its
first meeting and no longer and the
expiration of the said period of 5 years
shall operate as a dissolution of the
House: Provided that the said period may,
while a Proclamation of Emergency is in
operation, be extended by the Parliament
by law for a period not exceeding one year
RAUSIAS-TS21E1013
at a time and not extending in any case
beyond a period of six months after the
Proclamation has ceased to operate.
42. Answer: (d)
Explanation:
Citizenship at the commencement of the
Constitution:
At the commencement of the Indian
Constitution, every person who has his
domicile in the territory of India and
(a) who was born in the territory of India;
or
(b) either of whose parents was born in
the territory of India; or
(c) who has been ordinarily a resident in
the territory of India for not less than
5 years immediately preceding such
commencement, shall be a citizen of
India.
43. Answer: (b)
Explanation:
The citizens of India have the following
rights under the Constitution, which the
foreigners shall not have.
1. All Fundamental Rights are available
to the citizens of India. Some are
exclusively available to the citizens
alone (Articles 15, 16 and 19).
2. Only the citizens are eligible to certain
offices, such as those of the President,
the Vice-President, the Judges of the
Supreme Court or a High Court, the
Attorney General, the Governor of a
state and the Advocate-General.
3. The right of suffrage for the election to
the House of People and the
Legislative Assembly of every state
and the right to become a member of
the Parliament and of the Legislature
of a state is also confined to the
citizens.
13
44. Answer: (a)
Explanation:
The Citizenship (Amendment)
2019 –
1. Any person belonging to Hindu, Sikh,
Buddhist, Jain, Parsi or Christian
community from Afghanistan
Bangladesh, who entered into India
on or before the 31st day of December
2014 and who has been exempted by
the Central Government under the
Passport (Entry into India) Act,1920,
shall not be treated as an illegal
migrant.
2. After the fulfilment of the conditions
laid down for citizenship
naturalisation under the Citizenship
(Amendment) Act, a person granted a
certificate of registration or certificate
of naturalisation shall be deemed to
be a citizen of India from the date of
his entry into India.
3. This section of grant of citizenship
under the Citizenship (Amendment)
Act shall not apply to the tribal areas
of Assam, Meghalaya, Mizoram or
Tripura, as included in the Sixth
Schedule to the Constitution and the
areas covered under "The Inner Line",
notified under the Bengal Eastern
Frontier Regulation, 1873.
45. Answer: (a)
Explanation:
Section 14A was inserted in
Citizenship Act, 1955, in 2004, providing
for the compulsory registration of every
citizen of India and the issue of a
“national identity card” to him or her. It
also said that the Central Government
may maintain a “National Register of
Indian Citizens”.
The National Register of Citizens, 1951, is
a register prepared after the conduct of
RAUSIAS-TS21E1013
the Census of 1951 in respect of each
village, showing the houses or holdings in
Act, a serial order and indicating against each
house or holding the number and names
of the persons staying therein.
Under the provisions of the Foreigners
and Act, 1946 and the Foreigners (Tribunal)
Order, 1964, only the Foreigners’
Tribunals have the right to declare a
person as a foreigner. Recently, the
Ministry of Home Affairs has amended the
Foreigners (Tribunal) Order, 1964. It has
given the powers to the District
Magistrates, the State Governments and
the Central Government to establish the
Fforeigners Tribunals.
by
46. Answer: (b)
Explanation:
The National Population Register (NPR) is
a Register of the usual residents of the
country. It is being prepared at the local
(Village/sub-Town), sub-District, District,
State and National levels under the
provisions of the Citizenship (Registration
of Citizens and Issue of National Identity
Cards) Rules, 2003. It is mandatory for
every usual resident of India to register in
the NPR. A usual resident is defined for
the purposes of NPR as a person who has
resided in a local area for the past 6
months or more, or a person who intends
to reside in that area for the next 6
months or more.
It includes both the Indian citizens, as
the
well as the foreign citizens. The objective
of the NPR is to create a comprehensive
identity database of every usual resident
in the country. The first National
Population Register was prepared in 2010
and updating this data was done during
2015 by conducting door to door survey.
14
47. Answer: (d) 49. Answer: (b)
Explanation: Explanation:
The Persons of Indian Origin of all S.N. Member (The Portfolio held
countries, except from Bangladesh and First Cabinet
Pakistan, are eligible for the Overseas of Free India -
Citizens of India (OCI) status. 1947)
The OCI cardholder cannot acquire 1. Jawaharlal Commonwealth
agricultural or plantation properties in Nehru Relations
India.
2. Dr. John Railways and
The OCI status is given under the
Mathai Transport
provisions of the Citizenship Act,
1955. 3. R.K. Finance
Shanmugham
Chetty
48. Answer: (a)
4. V.N. Gadgil Works, Mines
Explanation:
and Power
State-wise Membership of the
Constituent Assembly of India as on
December 31, 1947: 50. Answer: (b)
 The United Provinces : 55 Explanation:
 Madras : 49 The Constituent Assembly held its first
 Bombay : 21 meeting on December 9, 1946. The
Muslim League boycotted the meeting
 West Bengal : 19
and insisted on a separate state of
 Assam : 8
Pakistan.
 Bihar : 36 The Objectives Resolution influenced the
eventual shaping of the Constitution
through all its subsequent stages. Its
modified version forms the Preamble to
the present Constitution.

RAUSIAS-TS21E1013 15