Answers &

Explanations
of

TEST CODE: TS21E1014

GENERAL STUDIES (PAPER – I)

POLITY-2
 ANSWERS & EXPLANATIONS OF
POLITY-2
GS Paper-I (TS21E1014)

1. Answer: (a) minimum wages to the workers,

Explanation: protecting contract workers, providing
The 42nd Amendment Act of 1976 added free legal aid to the poor, abolition of
four new subjects that required the state child labour, abolition of bonded labour,
to secure healthy development of children resolution of industrial disputes, etc.
(Article 39); to promote equal justice and The government set up the Khadi and
to provide free legal aid to the poor Village Industries Board, and the
(Article 39 A); to secure participation of Handlooms and Handicrafts Boards to
the workers in the management of the develop the cottage industries.
industries (Article 43A); and to protect the Establishment of village panchayats and
environment, forests and Constitution reservations for the weaker sections in
and wildlife (Article 48A). them has empowered them. Programmes,
The 44th Amendment Act of 1978 such as the Community Development
added Article 38 that required the Programme; the Hill Area Development
state to minimize inequalities in Programme; the Minimum Needs
income, status, facilities and Programme; the Integrated Rural
opportunities. Development Programmes (IRDPs),
The 86th Amendment Act of 2002 MNREGA (Mahatma Gandhi National
modified the content of Article 45 which Rural Employment Guarantee Act) and
required the state to provide early NRHM (The National Rural Health
childhood care and education for all Mission), etc., have resulted in the social
children until they complete the age of 6 and economic inclusion of the people.
years and was directed in making
education a Fundamental Right under 3. Answer: (b)
Article 21A. Explanation:
The 97th Amendment Act of 2011 The main limitation of the Directive
added Article 43B which required the Principles of State Policy (DPSPs) is
state to promote voluntary formation, that the state is not legally bound to
autonomous functioning, democratic implement them.
control and professional management The exemption of the DPSPs from being
of the co-operative societies. justiciable may make the state vulnerable
to the pressure of the politically and
2. Answer: (d) economically influential groups in the
Explanation: society. Some members of the
Since independence, the central and Constituent Assembly underlined their
various state governments in India have limitations, especially regarding their
enacted several Acts, launched schemes being non-justiciable.
and programmes, and set up
commissions according to the Directive 4. Answer: (b)
Principles of State Policy. Explanation:
The governments introduced several  The Fundamental Rights are
measures to help the underprivileged negative, while the Directive
sections. Such measures included Acts to Principles of State Policy (DPSPs)
protect the interests of the poor, ensuring are positive. It means that the

RAUSIAS-TS21E1014 1
 Fundamental Rights deny (something The provisions of the DPSPs were
negative) the state the authority to borrowed from the Irish Constituent.
encroach upon these Rights. It also The Constituent Assembly included the
means that the DPSPs are not about list of the DPSPs in Part IV of the
denial, but about providing Constitution.
(something positive) benefits from the Apart from the Articles mentioned in
state to the people. Part IV of the Constitution, there are
 The Fundamental Rights are some other Articles in the
justiciable, while the DPSPs are non- Constitution, which enjoin on the
justiciable. state the task to make certain policies
 The Fundamental Rights do not need for the people and non-justiciable in
any Legislative Act to enforce them nature. Such Articles are Articles 335,
legally, while the DPSPs come into 350A and 351.
effect only when they are legally According to Article 335, the claims of
implemented. the members of the Scheduled Castes
and the Scheduled Tribes shall be taken
5. Answer: (a) into consideration, consistently with the
maintenance of efficiency of the
Explanation:
administration, in the making of the
S.N. Article Description appointments to the services and posts in
1. Article 38 State to secure a connection with the affairs of the Union of
social order for the a state.
promotion of the Article 350A suggests that every state
welfare of the people. and every local authority within the state
2. Article 39A Equal justice and free will provide adequate facilities for
legal aid. instruction in the mother-tongue at the
primary stage of education to the children
3. Article 40 Organization of the belonging to the linguistic minority
village panchayats. groups.
Article 351 enjoins the Union to promote
6. Answer: (a) the spread of Hindi language and to
Explanation: develop it so that it may serve as a
medium of expression of all elements of
S.N. Article Description
the composite culture of India.
1. Article 44 Uniform Civil Code
for the citizens.
8. Answer: (a)
2. Article 45 Early childhood care Explanation:
and education.
The 42nd and the 86th Constitutional
3. Article 46 Educational and Amendments provided for the
economic interests of inclusion of the Fundamental Duties in
the SCs and the STs. the Constitution. The 42nd
Constitutional Amendment in 1976
7. Answer: (b) added a new section to the Article on
the Fundamental Duties.
Explanation:
The 42nd Amendment was passed during
The origin of the Directive Principles of
the period of Emergency (1975-1977).
State Policy (DPSPs) can be traded to the
According to this Amendment, the people
Karachi Resolution, and the socialist and
including those not belonging to the
nationalist ideas which were present from
armed forces and the police were
the 1920s in India.

RAUSIAS-TS21E1014 2
 expected to perform certain Fundamental in 1976 by the Indira Gandhi
Duties. Government. Swaran Singh was the
The 86th Constitutional Amendment in Chairman of the Committee. The
2002 made it the Fundamental Duty of Committee had recommended to include
the parents of the children from 6-14 a new part in the Constitution of India on
years of age to provide them education. the Fundamental Duties of the Indian
This Amendment also made the education citizens. Based on the recommendations
of the children as a Fundamental Right. of the Committee, the government
Following these Amendments, the brought some changes to the
Fundamental Duties are mentioned in Constitution, through the 42nd
Article 51A, Part IVA of the Constitution, Amendment of the Constitution and that
which mentions certain Fundamental came into effect in 1977. The Swaran
Duties of the people. The Fundamental Singh Committee suggested 8 items to be
Duties enshrined in Article-51A have incorporated in the Constitution as the
similarity with Article 29(1) of the duties of the citizens. These are
Universal Declaration of Human Rights, mentioned below:
which states, “everyone has duties to the (i) To respect and abide by the
community in which alone the free and Constitution and the laws.
full development of his personality is (ii) To uphold the sovereignty of the
possible”. After the passage of the 42nd nation and to function in such a
and 86th Constitutional Amendments, way as to sustain and strengthen its
there are 11 Fundamental Duties of the unity and integrity.
citizens of India. (iii) To respect the democratic
institutions enshrined in the
9. Answer: (d) Constitution and not to do anything
Explanation: which may impair their dignity or
authority.
The Fundamental Duties have some
salient features, as given below – (iv) To defend the country and to render
national service, including military
(a) The Fundamental Duties are both
service, when called upon to do so.
civic and moral in nature.
(v) To abjure communalism in any
(b) They emphasized on the Indian way of
form.
life, especially respecting and
preserving the Indian culture. (vi) To render assistance and co-
operation to the state in the
(c) This provision is not applicable upon
implementation of the Directive
the foreigners, only the citizens of
Principles of State Policy, and to
India will obey these Constitutional
promote the common good of the
Duties.
people so as to sub serve the
(d) There are clear differences between
interests of social and economic
the Fundamental Rights and the
justice.
Fundamental Duties.
(vii) To abjure violence; to protect and
(e) They are non-justiciable and non-
safeguard public property and not to
enforceable.
do anything which may cause
damage or destruction to such
10. Answer: (d) property.
Explanation: (viii) To pay taxes according to the law.
The 42nd Constitutional Amendment was However, the then Congress government,
made in the light of the recommendations led by Prime Minister Indira Gandhi, did
of the Swaran Singh Committee Report. not accept all the suggestions or
The Swaran Singh Committee was set up

RAUSIAS-TS21E1014 3
 recommendations made by the Swaran
Singh Committee.
11. Answer: (d)
Explanation:
To increase the awareness among the
people of India concerning the
Fundamental Duties, the Verma
Committee had identified a few existing
Acts, by which a proper implementation
of such Duties can be accomplished.
These are:
(a) The Representation of the People
Act,1951: According to this Act, the
membership of any member of the
Indian Parliament or the State
Legislatures can be rejected, if he or
she is found involved with corrupt
activities.
(b) The Unlawful Activities (Protection)
Act, 1967: Sectarian organizations
within the national boundaries of the
country must be banned in the view of
making a peaceful and stable society.
(c) The Protection of Civil Rights Act,
1955: The offenders who preach and
practice untouchability must be
punished in accordance with the Act.
(d) The Wildlife (Protection) Act, 1972:
It aims at protecting and preserving
the rare and the perishing animals,
birds and plants. For this reason, this
Act strongly prohibits the illegal
trading of the animals.
(e) The Prevention of Insults to
National Honour Act, 1971: By this
Act, insults and disrespects of the
national anthem, the flag and the
Constitution of the land has been
firmly prohibited.
(f) The Forest (Conservation) Act,
1980: The Act strongly prohibits the
destruction of the natural forest,
keeping in mind its increasing
degradation. It also prohibits the
usage of the forest for other human
activities.
RAUSIAS-TS21E1014
12. Answer: (d)
Explanation:
The Constitution Review Commission,
chaired by M.N. Venkatachaliah,
recommended some initiatives to be taken
by the government for the successful
implementation of the Fundamental
Duties. Some of its recommendations
included as follows:
(a) The Union and State governments
should sensitize the people and create
general awareness about the
Fundamental Duties amongst the
citizens.
(b) The right to freedom of religion and
other freedoms must be jealously
guarded, and the rights of the
minorities and fellow citizens
respected.
(c) The people should be sensitized about
their duty to vote in the elections, pay
taxes and actively participate in the
democratic process of governance.
(d) The recommendations of Justice
Verma Committee on
operationalization of the Fundamental
Duties of the citizens should be
implemented at the earliest.
(e) The industrial organizations should
provide education to the children of
their employees.
13. Answer: (c)
Explanation:
The Twenty-Fifth Amendment Act, 1971 –
1. Curtailed the fundamental right to
property.
2. Inserted new Article 31C: Provided
that any law made to give effect to the
Directive Principles contained in
Article 39 (b) or (c) cannot be
challenged on the ground of violation
of the rights guaranteed by Articles
14, 19 and 31.
14. Answer: (d)
Explanation:
The Forty-Second Amendment Act, 1976
(The most comprehensive Amendment
4
 made so far to the Constitution. It is
known as the ‘Mini Constitution’. It gave
effect to the recommendations of the
Swaran Singh Committee.)
1. Added three new words (i.e., socialist,
secular and integrity) in the Preamble.
2. Added Fundamental Duties by the
citizens (new Part IV A).
3. Made the President bound by the
advice of the Cabinet.
4. Provided for administrative tribunals
and tribunals for other matters
(Added Part XIV A).
5. Froze the seats in the Lok Sabha and
the State Legislative Assemblies on
the basis of the 1971 census, till
2001.
6. Made the Constitutional Amendments
beyond judicial scrutiny.
7. Curtailed the power of judicial review
and writ jurisdiction of the Supreme
Court and the High Courts.
8. Raised the tenure of the Lok Sabha
and the State Legislative Assemblies
from 5 years to 6 years.
9. Provided that the laws made for the
implementation of the Directive
Principles cannot be declared invalid
by the courts on the ground of
violation of some Fundamental Rights.
10. Empowered the Parliament to make
laws to deal with the anti-national
activities and such laws are to take
precedence over the Fundamental
Rights.
11. Added three new Directive Principles,
viz., equal justice and free-legal aid,
participation of workers in the
management of industries and
protection of environment, forests and
wildlife.
12. Facilitated the proclamation of
National Emergency in a part of the
territory of India.
13. Extended the one-time duration of the
President’s Rule in a state from 6
months to one year.
14. Empowered the Centre to deploy its
armed forces in any state to deal with
a grave situation of law and order.
RAUSIAS-TS21E1014
15. Shifted five subjects from the State
List to the Concurrent List, viz.,
education, forests, protection of wild
animals and birds, weights and
measures and administration of
justice, constitution and organization
of all courts, except the Supreme
Court and the High Courts.
16. Did away with the requirement of
quorum in the Parliament and the
State Legislatures.
17. Empowered the Parliament to decide
from time to time the rights and
privileges of its members and
committees.
18. Provided for the creation of the All-
India Judicial Service.
19. Shortened the procedure for
disciplinary action by taking away the
right of a civil servant to make
representation at the second stage
after the inquiry (i.e., on the penalty
proposed).
15. Answer: (b)
Explanation:
The Sixty-Ninth Amendment Act, 1991,
accorded a special status to the Union
Territory of Delhi by designing it as the
National Capital Territory of Delhi. The
Amendment also provided for the creation
of a 70-member Legislative Assembly and
a 7-member Council of Ministers for
Delhi.
16. Answer: (d)
Explanation:
The Fundamental Duties have ethical,
social and economic significance. If a
citizen performs his / her duties, he / she
has moral claims on his / her rights. The
fulfilment of the Duties can help in
sustenance of the environment and
economic development. This, in turn, can
help in achieving human development of
the society. The consciousness and
realization to fulfil the Fundamental
Duties have increased in India during
past some decades. The courts and the
5
 civil society organizations, political
parties and governments have also
underlined the significance of the
Fundamentals Duties for the overall
development of the society.
The Fundamental Duties were included in
the Constitution through the 42nd
Amendment, passed by the Indira Gandhi
government during Emergency. The
Morarji Desai government, which was
formed by the opponent of Indira Gandhi,
did not change the provisions about the
Fundamental Duties. This indicated the
importance given to the Fundamental
Duties across the political parties.
Acknowledging the significance of the
Fundamental Duties, the Supreme Court
said that it was intended to regulate the
behaviour and to inspire the fellow
citizens to strive towards excellence.
17. Answer: (b)
Explanation:
The Fundamental Duties are non-
enforceable and non-justiciable. There is
no provision in the Constitution for
direct enforcement of these Duties. It
means that no citizen can be punished by
a court for the violation of a Fundamental
Duty. In this regard, the Fundamental
Duties are like the Directive Principles of
State Policy of Part-IV. The Fundamental
Duties were not placed at the end of Part-
III of the Indian Constitution, which is
justiciable, but included in Part-IVA, that
is non-justiciable and non-enforceable.
India’s case is different from some other
examples regarding the enforceability of
the Fundamental Duties. These examples
included erstwhile USSR, Yugoslavia and
Albania. Unlike India, Constitutions of
these countries made the Duties legally
enforceable.
18. Answer: (d)
Explanation:
S.N. Article Description
1. Article 41 Right to work.
2. Article 47 Raising the level of
RAUSIAS-TS21E1014
nutrition and the
standard of living.
3. Article 51 Promotion of
international peace
and security.
19. Answer: (d)
Explanation:
 The state shall endeavour to provide
early childhood care and education for
all children until they complete the
age of six years. (Article 45: DPSP).
 The state shall provide free and
compulsory education to all children
of the age of six to fourteen years in
such manner as the state may, by
law, determine. (Article 21A:
Fundamental Rights).
 It shall be the duty of every citizen of
India to provide opportunities for
education to his child or, as the case
may be, ward between the age of six
and fourteen years. (Article 51A:
Fundamental Duties).
Note: The Preamble has an indirect
bearing on education.
20. Answer: (c)
Explanation:
When the Constitution of India was being
framed, the United Nations General
Assembly had adopted the Universal
Declaration of Human Rights, signifying
the international communities’ concern
for those. At the same time, as a result of
the Socialist ideas having become popular
with the emergence of the Soviet Union
and the people of the former colonial
societies looking for the socio-economic
transformation, the idea of rights was no
more limited to civil liberties, but it was
also concerned with the fulfilment of the
basic material needs required for the
survival of the human beings in a
dignified manner. This vision was also
brought in the national movement of
India; as such the political leaders of
India had committed themselves to
6
 guaranteeing the Fundamental Rights to
the Indians in a Constitution.
The Objectives Resolution, moved by
Jawaharlal Nehru in the Constituent
Assembly, promised to all citizens of
India: Justice, social, economic and
political; Equality of status, of
opportunity and before law; and Freedom
of thoughts, expression, belief, faith,
worship, association and action, subject
to law and public order.
Later, these promises were made part of
the Preamble to the Constitution. The
Constituent Assembly of India, after long
deliberations, constructed those rights. It
framed several rights in the traditional,
negative form. However, several rights
required the state to act positively. It was,
at the same time, realized that, while the
state could be prevented from interfering
with the negative rights of the citizens by
the courts, there was no way to force it to
enforce all the positive rights in a
satisfactory way. There was, ultimately,
the question of capacity of the state.
Therefore, the Constituent Assembly
divided the rights into two parts. In Part
Ill of the Constitution, the negative rights
were put, in Part IV were put the positive
rights in the form of the Directive
Principles of State Policy (DPSPs). In
framing the DPSPs, the Constituent
Assembly of India followed the example of
the Irish Republican Constitution.
There is a second kind of rights, that are
termed by the Supreme Court of India, in
the case of Bishamber v/s the State of
Uttar Pradesh (1981), as the
Constitutional Rights. The most
important of such rights is the right to be
registered as a voter (Articles 325 and
326 of the Constitution). The right to vote
is not a Fundamental Right, but the right
to be registered a voter is a Constitutional
Right.
The other important Constitutional Right
is the right to property, that was removed
from Part III of the Constitution
(Fundamental Rights) by the 44th
Amendment to the Constitution in 1978,
RAUSIAS-TS21E1014
but now forms Article 300A. The
Constituent Assembly gave the Supreme
Court of India and the High Courts of the
states the power to issue writs against
violation of (the negative) the
Fundamental Rights. The rights in Part IV
were properly speaking, principles, that
were declared as important too, in a
political way, and the governments were
warned that the principles laid down in
this part were fundamental to governance
(Article 37).
It is important to note that while in many
Constitutions, like that of the United
States, the rights are only mentioned, in
the Indian Constitution, these are
properly framed. Similarly, while in the
US and some other Constitutions, the
rights were stated in crisp, unqualified
language, in the Indian Constitution, the
restrictions on the rights are also
provided. Whatever conditions are
attached to such rights in the public
interest are spelt out by the judiciary. In
the large body of the Indian Constitution,
most of the Fundamental Rights are
stated in qualified terms, like 'subject to
public order' (Article 25) or 'nothing in
this Article shall prevent the state from
making any law' (Article 16). This does
not mean that the Indian judiciary has no
creative role to play in respect of the
Fundamental Rights. It is frequently
required to interpret the Articles on the
Fundamental Rights, in the light of the
qualifications attached to the Articles.
Another difference of the Indian
Constitution with the US Constitution is
that the Indian Constitution provides for
not only individual rights, but also group
rights. The US Constitution grants only
individual rights. The group rights in the
Indian Constitution are confined to
cultural and educational spheres.
The most important difference between
the Indian and the US Constitutions is
that, whereas the Constitution makers of
the US were guided by the 18th century
“laissez faire doctrine”, the Constitution
makers of India were guided by a
7
 welfarist doctrine. This positive, reformist capacity. Article 21A, therefore, may be
and welfarist approach to the regarded simply as the
Constitution was reflected most in Parts constitutionalization of an existing
III and IV on the Fundamental Rights and practice. Almost an opposite trend is
the DPSPs. visible with regard to property. Originally,
the Constitution provided for the right to
21. Answer: (a) property to all citizens, except for the
Explanation: right of the state to acquire property for
The power to amend the Constitution, public purpose (with compensation).
including the Fundamental Rights and The requirements of the land reform
the powers of the judiciary to protect the programmes of the government led to
Fundamental Rights and interpret the numerous amendments of the Article,
Constitution have made the Fundamental
right from the first year of the Republic,
Rights flexible provisions to an extent.
until it was removed from Part III of the
Some Amendments in the Constitution
Constitution to form a new chapter
have led to the expansion of the economic
(Chapter IV) of Part XII, that deals with
opportunities of the weaker sections of
the country, whereas some have limited 'Finance, Property, Contracts and Suits,'
the scope of the rights. At the same time, by the 44thAmendment in 1978. In 1982,
through its judgements, the judiciary has the Supreme Court held that the right to
widened the scope of the rights. It should property is no more a Fundamental Right,
be noted further that the difference but it is a Constitutional Right
between the Fundamental Rights and the (Bishamber v/s the State of Uttar
Directive Principles of State Policy Pradesh, 1981).
(DPSPs) of the Indian Constitution has Over the years, however, there has been
not remained watertight. an increase in the restrictions on
The 25th Amendment to the personal freedoms, because of the
Constitution in 1971 laid down that considerations of the security of the state.
any law giving effect to some clauses
of Article 39 (in the DPSPs) would not
be void, because of its conflict with 22. Answer: (b)
any of the Fundamental Rights granted Explanation:
in Part III. The 42nd Amendment in S.N. Article Description
1976 generalized this exception with
regard to any of the DPSPs. 1. Article 42 Just and humane
The 86th Amendment in 2002 virtually conditions of work
transferred Article 45 from Part IV to and maternity
Part III in the form of Article 21A (free relief.
and compulsory education to children 2. Article 43 Living wages for the
up to 14 years). This transfer, of course, workers.
does not automatically ensure free and
compulsory education of all children. 3. Article 43A Participation of the
Article 21A says that 'The State shall workers in the
provide free and compulsory education to management of the
all children of the age of six to fourteen industries.
years in such manner as the State may, 4. Article 43B Promotion of the
by law, determine.' co-operative
In fact, for a long time, free primary societies.
education is being provided by the state
in all parts of the country within its

RAUSIAS-TS21E1014 8
23. Answer: (c)
Explanation:
The state shall not deny any person
equality before law or equal protection of
law to any citizen (Article 14). This means
that no one is above the law or has a
special privilege under the law. At the
same time everyone is to be equally
treated by law.
The state shall not discriminate against
any citizen on ground only of race,
religion, caste, sex or place of birth, and
no citizen shall be discriminated against
in the use of public places and public
utilities on the same grounds. However,
the state can make special provision for
women, children and any socially and
educationally backward class (Article 15).
There shall be equality of opportunity in
respect of public employment for all
citizens and they may not be deprived of
equal opportunities on grounds only of
religion, race, caste, sex, descent or place
of birth.
However, the state can make special
provision for the reservation of the posts
for the members of any backward class or
citizens, not adequately represented in
the services or for the Scheduled Castes
and the Scheduled Tribes. The state may
make provision for the reservation in
the promotions for the members of the
Scheduled Castes and the Scheduled
Tribes (Article 16). Untouchability is
abolished and punishable by law
(Article 17).
The state shall not confer any title, other
than military or academic. No citizen
shall accept any title from a foreign state.
No person, other than a citizen, while
holding an office of profit under the state,
shall, without the consent of the
President, accept a title from a foreign
state. No person, holding an office of
profit under the state shall, without the
consent of the President, accept any gift
or emolument from a foreign state (Article
18).
RAUSIAS-TS21E1014
24. Answer: (a)
Explanation:
Article 19 confers, on all citizens, freedom
(a) of speech and expression, subject to
reasonable restrictions imposed by laws
in the interest of sovereignty and integrity
of India, the security of the state, friendly
relations with the foreign states, public
order, decency or morality or in relation
to contempt of court, defamation or
incitement to an offence; (b) to assemble
peaceably and without arms, subject to
reasonable restrictions imposed by law
in the interest of the sovereignty and
integrity of India or public order; (c) to
form associations or unions, subject to
reasonable restrictions imposed by law in
the interest of the sovereignty and
integrity of India, public order or
morality; (d) to move freely throughout
the territory of India or reside in any part
of India, subject to reasonable restrictions
imposed by law in the interests of the
general public or the protection of
interests of any Scheduled Tribe; and (e)
to practise any profession or to carry on
any occupation, trade or business,
subject to reasonable restrictions
imposed by law in public interest.
Articles 20 and 22, together, provide
for protection in respect of conviction
for offences beyond law and detention
without trial to all persons, except in
the case of preventive detention
primarily for only political reasons.
Article 21 forbids the deprivation, of
the life and personal liberty, of all
persons except according to procedure
established by law. A new Article
(Article 21A) promises the right to
education to all children of the age
between six and fourteen.
25. Answer: (c)
Explanation:
Subject to public order, morality and
health, all persons are equally entitled to
freedom of conscience and the right to
profess, practise and propagate religion
[Article 25(1)]. However, the state can
9
 legislate on economic, financial, political
and other secular activities associated
with a religious practice [Article 25(2)].
The state can also legislate for social
welfare and reform, and to throw open
the Hindu religious institutions of public
character to all sections of the Hindus
[Article 25(3)].
Article 25 is the foundation of the Indian
secularism, not only because
guarantees religious freedom
individuals and equality of all religions, it
also makes a clear distinction of religious
affairs of the people and the secular
activities of the state. The state is entitled
to regulate the secular activities,
including economic, financial and
political. The state is entitled to
undertake social welfare and social
reform of all sections of the people. In
respect of throwing open of the religious
institutions of public character, however,
the state power is confined to the Hindus.
In this respect, the Hindu will include the
followers of the Sikh, the Jain and the
Buddhist religions.
This last stipulation will be understood
only if read together with Article 17, that
prohibits untouchability, an evil
consequence of the caste system.
Untouchability exists among the Hindus.
The Jainas also have a kind of caste
system and are vulnerable to
untouchability, while several
'untouchable' castes have converted
themselves to Buddhism. At the back of
this provision, there is a strong tradition
of the Temple Entry Movement since the
1920s.
Article 26 provides to all religious
denominations the right to set up and
manage their religious institutions, to
acquire and manage property, subject to
public order, morality and health.
Article 27 forbids the imposition of any
tax for the exclusive benefit of any
particular religion. Article 28 forbids the
imparting of religious institutions
wholly funded by the state. In other
RAUSIAS-TS21E1014
schools, the students may not be forced
to attend religious instructions.
26. Answer: (d)
Explanation:
These are aimed at the benefits of the
minorities. Any section of the people in
India or any part of it has the right to
preserve their language, script and
it
culture.
of
No citizens shall be denied admission
into a school, maintained or aided by
the state on the ground of religion,
race, caste, language, or any of them
(Article 29).
All religious or linguistic minorities
have the right to set up or maintain
educational institutions of their own
choice. The state, while making grants
to the educational institutions, shall
not discriminate against a religious or
linguistic minority (Article 30).
27. Answer: (d)
Explanation:
Article 19(2) of the Constitution of
India – Nothing in sub clause (a) of
clause (1) shall affect the operation of any
existing law, or prevent the state from
making any law, in so far as such law
imposes reasonable restrictions on the
exercise of the right conferred by the said
sub clause in the interests of the
sovereignty and integrity of India, the
security of the state, friendly relations
with foreign states, public order, decency
or morality or in relation to contempt of
court, defamation or incitement to an
offence.
Under Article 19(2), the state may make a
law imposing reasonable restrictions on
the exercise of the right to freedom of
speech and expression.
The expression used in Article 19(2) “in
the interest of” gives a wide amplitude to
the permissible law which can be enacted
to impose reasonable restrictions on the
right guaranteed by Article 19(1)(a).
10
 The reason behind this is that while it is
necessary to maintain and preserve the
freedom of speech and expression in a
democracy, it is also necessary to place
some curbs on this freedom for the
maintenance of social order.
Limitations imposed by Article 19(2) serve
a two-fold purpose, viz., on the one hand,
they specify that these freedoms are not
absolute; on the other hand, they put a
limitation on the power of the legislature
to restrict these freedoms.
28. Answer: (a)
Explanation:
The Commonwealth of India Bill, 1925,
demanded 7 Fundamental Rights for the
Indians. Among these rights included:
individual liberty, freedom of conscience,
free expression of opinion, free assembly
and equality before law.
The Bill also had provisions for the
right to free elementary education,
equal right to use roads, court of
justice and all other places of business
or resort dedicated to the public.
29. Answer: (c)
Explanation:
The Nehru Report underlined the need for
securing the Fundamental Rights that
had been denied to them by the colonial
government. Indeed, the Fundamental
Rights in the Nehru Report were the
reiteration of the rights mentioned in the
Commonwealth of India Bill.
This Report underlined prominently the
need to protect the minority rights. The
Congress party, in its Session in 1931,
held at Karachi, the Resolution
highlighted the need to end exploitation
of the masses and to make economic
freedom intertwined with the political
freedom. It suggested that suitable
RAUSIAS-TS21E1014
legislations should be made to safeguard
the interests of the working classes.
30. Answer: (c)
Explanation:
The Sapru Committee was assigned the
task of doing spadework for making a
Constitution for future India. The
Committee consisted of 30 members. It
was known as the Sapru Committee, after
the name of its Chairman, Tej Bahadur
Sapru, a Fundamental Rights eminent
lawyer. The Report was published in
1945. The Sapru Committee is
distinguished for making two suggestions
about rights. One, it made the distinction
between the justiciable rights and the
non-justiciable rights. Two, it suggested
that the rights of the minorities must be
protected.
31. Answer: (a)
Explanation:
The Constituent Assembly had
constituted various Committees to give
suggestions for inclusion in the
Constitution. One such Committee was to
give suggestions about the Fundamental
Rights; the Minority Rights; and the
Tribal and Excluded Areas. It was headed
by Sardar Vallabhbhai Patel.
This Committee was divided into Sub-
Committees. One such Sub-Committee
was also on the Fundamental Rights. The
Fundamental Right Sub-Committee or
the Rights Sub-Committee, as it was
known, was headed by J.B. Kripalani.
This Committee had representation of the
diverse sections of the society, including
the women, such as Amrit Kaur and
Hansa Mehta. An important decision,
which the Rights Sub-Committee took,
was to include the Fundamental Rights
as justiciable rights.
The suggestions of the Rights Sub-
Committee were incorporated as the
Fundamental Rights in Part Ill of the
Constitution, after they were discussed
in the Constituent Assembly.
11
32. Answer: (b) and commerce, and restricted the state’s
Explanation: power in this regard.
The First Amendment Act, 1951 –
1. Empowered the state to make special 34. Answer: (a)
provisions for the advancement of the Explanation:
socially and economically backward The Eleventh Amendment Act, 1961 –
classes. 1. Changed the procedure of the election
2. Provided for the saving of laws of the Vice-President by providing for
providing for the acquisition of an electoral college instead of a joint
estates, etc. meeting of the two Houses of the
3. Added the Ninth Schedule to protect Parliament.
the land reform and other laws 2. Provided that the election of the
included in it from the judicial review. President or the Vice-President cannot
4. Added three more grounds of be challenged on the ground of any
restrictions on the freedom of vacancy in the appropriate electoral
speech and expression, viz., public college.
order, friendly relations with
foreign states and incitement to an 35. Answer: (d)
offence. Also, made the restrictions
Explanation:
‘reasonable’ and thus, justiciable in
The Sixty-First Amendment Act, 1989
nature.
– Reduced the voting age from 21 years to
5. Provided that state trading and
18 years for the Lok Sabha and State
nationalization of any trade or
Legislative Assembly elections.
business by the state is not to be
Note: The Twenty-First Amendment
invalid on the ground of violation of
Act, 1967 – Included Sindhi as the 15th
the right to trade or business.
language in the Eight Schedule.
The Thirty-First Amendment Act, 1972
33. Answer: (d)
– Increased the number of Lok Sabha
Explanation: seats from 525 to 545.
The Fourth Amendment Act, 1955 – The Forty-First Amendment Act, 1976
1. Made the scale of compensation given – Raised the retirement age of the
in lieu of compulsory acquisition of members of the State Public Service
private property beyond the scrutiny Commission and the Joint Public Service
of the courts. Commission from 60 years to 62 years.
2. Authorized the state to nationalize any
trade. 36. Answer: (c)
3. Included some more Acts in the Ninth Explanation:
Schedule.
S.N. Article Description
4. Extended the scope of Article 31A
(Savings of laws). 1. Article 48 Organization of
The Second Amendment Act, 1952 – agricultural and
animal husbandry.
Readjusted the scale of representation in
the Lok Sabha by providing that one 2. Article 48A Protection and
member could represent even more than improvement of
7,50,000 persons. environment.
The Sixth Amendment Act, 1956 – 3. Article 49 Protection of
Included a new subject in the Union List, monuments of
i.e., taxes on the sale and purchase of national importance.
goods in the course of inter-state trade

RAUSIAS-TS21E1014 12
 4. Article 50 Separation of  Each House must pass the Bill
judiciary from separately. In case of a disagreement
executive. between the two Houses, there is no
provision for holding a joint sitting of
the two Houses for the purpose of
37. Answer: (c)
deliberation and passage of the Bill.
Explanation:
The Seventy-Third Amendment Act,
40. Answer: (b)
1992 – Granted constitutional status and
Explanation:
protection to the Panchayati Raj
Institutions. For this purpose, the Any of the Lists in the Seventh Schedule
Amendment has added a new Part-IX can be amended by a Special Majority of
entitled as ‘the Panchayats’ and a new the Parliament and the consent of the
Eleventh Schedule containing 29 states.
functional items of the Panchayats. A number of provisions in the
This Amendment implements Article Constitution can be amended by a Simple
40 of the Directive Principles of State Majority of the two Houses of the
Policy (DPSP), which says that “State Parliament outside the scope of Article
shall take steps to organize village 368.
panchayats and endow them with such These provisions include:
powers and authority as may be 1. Admission or establishment of new
necessary to enable them to function as states.
units of self-government” and have 2. Formation of new states and
upgraded them from non-justiable to alteration of the areas, boundaries or
justiable part of the Constitution. names of the existing states.
3. Abolition or creation of the Legislative
38. Answer: (d) Councils in the states.
Explanation: 4. The Second Schedule —
The Seventy-Fourth Amendment Act, Emoluments, allowances, privileges
1992 – Granted constitutional status and and so on of the President, the
protection to the urban local bodies. For Governors, the Speakers, judges, etc.
this purpose, the Amendment has added 5. Quorum in the Parliament.
a new Part IX-A entitled as ‘the 6. The salaries and allowances of the
municipalities’ and a new Twelfth members of the Parliament.
Schedule, containing 18 functional items 7. The Rules of Procedure in the
of the municipalities. Parliament.
8. The Privileges of the Parliament, its
39. Answer: (b) members and its Committees.
Explanation: 9. Use of English language in the
 An Amendment of the Constitution Parliament.
can be initiated only by the 10. The number of puisne judges in the
introduction of a Bill for the purpose Supreme Court.
in either House of the Parliament and 11. Conferment of more jurisdictions on
not in the State Legislatures. the Supreme Court.
 The Bill can be introduced either by a 12. Use of the official language.
minister or by a private member and 13. Citizenship — Acquisition and
does not require the prior termination.
permission of the President.
14. Elections to the Parliament and the
State Legislatures.

RAUSIAS-TS21E1014 13
 15. Delimitation of the constituencies.
16. The Union Territories.
17. The Fifth Schedule — The
administration of the scheduled
areas and the scheduled tribes.
18. The Sixth Schedule — The
administration of the tribal areas.
41. Answer: (d)
Explanation:
 The Special Majority of the Parliament
means a majority (that is more than
50%) of the total membership of each
House and a majority of two-thirds of
the members of each House present
and voting.
 The expression ‘total membership’
means the total number of members
comprising the House, irrespective of
the fact whether there are vacancies
or absentees.
 The provisions which can be amended
by this way include: (i) The
Fundamental Rights; and (ii) The
Directive Principles of State Policy.
42. Answer: (c)
Explanation:
 Those provisions of the Constitution,
which are related to the federal
structure of the polity, can be
amended by a Special Majority of the
Parliament and also with the Consent
of half of the State Legislatures by a
Simple Majority (not a Special
Majority).
 If one or some or all the remaining
states take no action on the Bill, it
does not matter; the moment half of
the states give their Consent, the
formality is completed.
 There is no time limit within which
the states should give their Consent to
the Bill.
The following provisions can be amended
in this way:
1. The Election of the President and its
manner.
RAUSIAS-TS21E1014
2. The extent of the executive power of
the Union and the states.
3. The Supreme Court and the High
Courts.
4. Distribution of legislative powers
between the Union and the states.
5. Any of the lists in the Seventh
Schedule.
6. Representation of the states in the
Parliament.
7. The power of the Parliament to amend
the Constitution and its procedure
(Article 368 itself).
43. Answer: (c)
Explanation:
 The 24th Constitutional Amendment
Act of 1971 made it obligatory for the
President to give his assent to a
Constitutional Amendment Bill.
 The President has no veto power in
respect of a Constitutional
Amendment Bill.
 The Constitutional Amendment Bills
cannot be introduced in the State
Legislature.
44. Answer: (a)
Explanation:
Under the 40th Constitutional
Amendment Act, 1976, the Parliament
was empowered to specify from time to
time the limits of the territorial waters,
the continental shelf, the exclusive
economic zone (EEZ) and the maritime
zones of India (Not the state government).
45. Answer: (d)
Explanation:
Article 20 –
1. No person shall be convicted of any
offence except for violation of a law in
force at the time of the commission of
the Act charged as an offence, nor be
subjected to a penalty greater than
that which might have been inflicted
under the law in force at the time of
the commission of the offence.
14
 2. No person shall be prosecuted and service the State shall not make any
punished for the same offence more discrimination on grounds only of
than once. religion, race, caste or class or any of
3. No person accused of any offence them.
shall be compelled to be a witness
against himself. 48. Answer: (b)
Explanation:
46. Answer: (c) Article 32 –
Explanation: 1. The right to move the Supreme Court
Article 22 – by appropriate proceedings for the
enforcement of the rights conferred by
1. No person who is arrested shall be
this Part is guaranteed.
detained in custody without being
informed, as soon as may be, of the 2. The Supreme Court shall have the
power to issue directions or orders or
grounds for such arrest nor shall he
writs, including writs in the nature of
be denied the right to consult, and to
habeas corpus, mandamus,
be defended by, a legal practitioner of
prohibition, quo warranto and
his choice.
certiorari, whichever may be
2. Every person who is arrested and appropriate, for the enforcement of
detained in custody shall be produced any of the rights conferred by this
before the nearest magistrate within a Part.
period of twenty-four hours of such
arrest excluding the time necessary
49. Answer: (d)
for the journey from the place of
Explanation:
arrest to the court of the magistrate
The present position is that the
and no such person shall be detained
Parliament, under Article 368, can amend
in custody beyond the said period
any part of the Constitution, including
without the authority of a magistrate.
the Fundamental Rights, but without
3. Nothing in clauses (1) and (2) shall affecting the ‘basic structure’ of the
apply – (a) to any person who for the Constitution. However, the Supreme
time being is an enemy alien; or (b) to Court is yet to define or clarify as to what
any person who is arrested or constitute the ‘basic structure’ of the
detained under any law providing for Constitution. From the various
preventive detention. judgements, the following have
emerged as the ‘basic features’ of the
47. Answer: (a) Constitution or the
elements/components/ingredients of
Explanation:
the ‘basic structure’ of the
Article 23 – Constitution:
1. Traffic in human beings and begar 1. Supremacy of the Constitution.
and other similar forms of forced
2. Sovereign, democratic and republican
labour are prohibited and any nature of the Indian polity.
contravention of this provision shall
3. Secular character of the
be an offence punishable in
Constitution.
accordance with law.
4. Separation of powers between the
2. Nothing in this Article shall prevent legislature, the executive and the
the State from imposing judiciary.
compulsory service for public 5. Federal character of the Constitution.
purposes, and in imposing such

RAUSIAS-TS21E1014 15
 6. Unity and integrity of the nation. 50. Answer: (a)
7. Welfare state (socio-economic Explanation:
justice). S.N. Part of the Subject Matter
8. Judicial review. Indian
9. Freedom and dignity of the Constitution
individual. 1. Part-I The Union and its
10. Parliamentary system. territory
11. Rule of law.
2. Part-II Citizenship
12. Harmony and balance between the
3. Part-III Fundamental
Fundamental Rights and the
Rights
Directive Principles.
13. Principle of equality. 4. Part-IV Directive
Principles of State
14. Free and fair elections.
Policy
15. Independence of judiciary.
16. Limited power of the Parliament to 5. Part-IV-A Fundamental
amend the Constitution. Duties

17. Effective access to justice. 6. Part-V The Union

18. Principles (or essence) underlying the Government
Fundamental Rights.
19. Powers of the Supreme Court under
Articles 32, 136, 141 and 142.
20. Powers of the High Courts under
Articles 226 and 227.

RAUSIAS-TS21E1014 16