Indian Polity Question


Indian Constitution Question And Answers Part 9

(1.1) In the context of polity, which one of the following would you accept as the most appropriate definition of liberty? (2019) 

(a) Protection against the tyranny of political rulers 

(b) Absence of restraint 

(c) Opportunity to do whatever one likes 

(d) Opportunity to develop oneself fully 

Ans- (d) In the context of polity, Opportunity to develop oneself fully is the most appropriate definition of liberty. 

(1.2) Which part of the Constitution of India declares the ideal of Welfare State? (2020) 

(a) Directive Principles of State Policy 

(b) Fundamental Rights 

(c) Preamble 

(d) Seventh Schedule 

Ans- (a) Directive Principles of State Policy are in the form of instructions/guidelines to the governments at the center as well as states. Though these principles are non-justiciable, they are fundamental in the governance of the country. The idea of Directive Principles of State Policy has been taken from the Irish Republic. They were incorporated in our Constitution in order to provide economic justice and to avoid concentration of wealth in the hands of a few people. Therefore, no government can afford to ignore them. 

Directive Principles of State Policy have been grouped into four categories. These are: 

(1) the economic and social principles, 

(2) the Gandhian principles, 

(3) Principles and Policies relating to international peace and security and 

(4) miscellaneous. 

(1.3) Consider the following statements: (2020) 

1. The Constitution of India defines its ‘basic structure’ in terms of federalism, secularism, fundamental rights and democracy. 

2. The Constitution of India provides for ‘judicial review’ to safeguard the citizens’ liberties and to preserve the ideals on which the constitution is based. Which of the statements given above is/are correct? 

(a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2 

Ans-  (b) Basic structure is not defined by Constitution so option 1 is incorrect. The Constitution of India is the supreme law of the land and the Supreme Court is its interpreter and guardian. It can also review any action of the Government, which allegedly violates any provision of the Fundamental Rights. This power of the Supreme Court is called Judicial Review. If supreme court finds violation of any provision of the Constitution, it may declare the concerned law as ultra-vires, or null and void. It is on the basis of this power of Judicial Review of the Supreme Court that it is called guardian of the Constitution. It is also called ‘a champion of liberties’ and ‘a watchdog of democracy.’ The power of Judicial Review is incorporated in Articles 226 and 227 of the Constitution in so far as the High Courts are concerned. In regard to the Supreme Court Articles 32 and 136 of the Constitution concerned. The basic structure doctrine is an Indian judicial principle, notably propounded by Justice Hans Raj Khanna, that the Constitution of India has certain basic features that cannot be altered or destroyed through amendments by the Parliament of India. What is the basic structure?

° Illustrative and not exhaustive list - 

* Supremacy of the Constitution 


*Separation of power between the three arms 

* Federal Character

* Dignity of individual 

* Sovereignty of India

* Independence of Judiciary

* Free and fair elections 

(1.4) The Preamble to the Constitution of India is (2020) 

(a) a part of the Constitution but has no legal effect 

(b) not a part of the Constitution and has no legal effect either 

(c) a part of the Constitution and has the same legal effect as any other part 

(d) a part of the constitution but has no legal effect independently of other parts 

Ans:- (d) The Constitution of India begins with a Preamble. The Preamble contains the ideals, objectives and basic principles of the Constitution. The salient features of the Constitution have evolved directly and indirectly from these objectives which flow from the Preamble. The objectives, which are laid down in the Preamble, are: (i) Description of Indian State as Sovereign, Socialist, Secular, Democratic Republic. (Socialist, Secular added by 42nd Amendment, 1976). (ii) Provision to all the citizens of India i.e. (a) Justice social, economic and political (b) Liberty of thought, expression, belief, faith and worship (c) Equality of status and opportunity (d) Fraternity assuring dignity of the individual and unity and integrity of the nation. 

* In Re. Berubari Union and Exchange of Enclaves, (AIR 1960 SC 845) the Supreme Court held that the Preamble is not a part of the Constitution. Nevertheless, it accepted that the preamble may be used as a guiding principle if a word is vague or has more than one definition in any Article of the Constitution. 

* In Kesavananda Bharati v. State of Kerala (AIR 1973 SC 1461) the Supreme Court reversed its earlier decision and held that the Preamble is a part of the Constitution. 

* In the 1995 case of Union Government vs LIC of India also, the Supreme Court has once again held that Preamble is the integral part of the Constitution but is not directly enforceable in a court of justice in India. 

(1.5) With reference to the provisions contained in Part IV of the Constitution of India, which of the following statements is/are correct? (2020) 

1. They shall be enforceable by courts. 

2. They shall not be enforceable by any court. 

3. The principles laid down in this part are to influence the making of laws by the State. Select the correct answer using the code given below: 

(a) 1 only (b) 2 only (c) 1 and 3 only (d) 2 and 3 only 

Ans:-  (d) Part IV of the Constitution of India (Article 36–51) contains the Directive Principles of State Policy (DPSP). These principles aim at ensuring socioeconomic justice to the people and establishing India as a Welfare State. Article-37 of the Constitution, states about the application of the Directive Principles, which says that the provisions contained in this part (Part-IV) shall not be enforceable by any Court but principles there in laid down, are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles while making the laws. Dr. B.R. Ambedkar described Directive Principles as a “Novel Feature” of the Constitution. They are in the nature of general directions, instructions or guidelines to the State. Directive Principles embody the aspirations of the people, objectives and ideals which Union and the State governments must bear in mind while making laws and formulating policies.  

(1.6) Consider the following statements: (2020) 

1. Aadhaar metadata cannot be stored for more than three months. 

2. State cannot enter into any contract with private corporations fro sharing of Aadhaar data. 

3. Aadhaar is mandatory for obtaining insurance products. 

4. Aadhaar is mandatory for getting benefits funded out of the Consolidated Fund of India. Which of the statements given above is/are correct? 

(a) 1 and 4 only (b) 2 and 4 only (c) 3 only (d) 1, 2 and 3 only 

Ans:- (b) Metadata or meta base is a set of data that describes and gives information about other data. “Authentication records are not to be kept beyond a period of six months, as stipulated in Regulation 27(1) of the Authentication Regulations. As per SC Judgement, retaining authentication data of citizens who have enrolled for Aadhaar beyond six months was impermissible.”

Supreme Court has struck down the Section 57 of the Aadhaar Act which allowed sharing of data with private entities. IRDAI allowed insurers to accept Aadhaar card as one of the documents for establishing identity, address of the customer subject to certain conditions that presumably are being stipulated to guard against misuse of the information. As per section 7 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, any individual who is desirous of availing any subsidy, benefit or service for which the expenditure is incurred from the Consolidated Fund of India, shall require to furnish proof of possession of Aadhaar number or undergo Aadhaar based authentication. 

(1.7)  A constitutional government by definition is a (2020) 

(a) government by legislature (b) popular government (c) multi-party government (d) limited government

Ans:-  (d) Constitutional Government is a regime type that is characterized by the fact that “Government” operates within a set of legal and institutional constraints that both limits its power and protects the individual liberty of the citizen of a polity. Central elements of constitutional government therefore are the set of rules or “basic laws” that establish (usually in writing) the duties, powers and functions of government (i.e. the institutional autonomy) and define the relationship between state and individual (i.e. individual autonomy).

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