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RBSE VU Political Science practice questions

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Question 1Indian Constitution and Constitutional Development

Under the Indian Constitution, the Constituent Assembly that drafted the Constitution was constituted on the basis of which plan?

  1. The Mountbatten Plan, 1947
  2. The Cripps Mission Plan, 1942
  3. The Cabinet Mission Plan, 1946 Correct answer.
  4. The Wavell Plan, 1945

Explanation

The Constituent Assembly was set up following the Cabinet Mission Plan of 1946, which provided for an indirectly elected body to frame a constitution. Its first sitting was held on 9 December 1946. The other plans dealt with transfer of power or interim arrangements, not with constituting the framing body.

Question 2Indian Constitution and Constitutional Development

Who served as the permanent Chairman of the Drafting Committee of the Indian Constitution?

  1. Sardar Vallabhbhai Patel
  2. Jawaharlal Nehru
  3. Dr. Rajendra Prasad
  4. Dr. B. R. Ambedkar Correct answer.

Explanation

Dr. B. R. Ambedkar chaired the seven-member Drafting Committee appointed on 29 August 1947, and is therefore described as the chief architect of the Constitution. Nehru moved the Objectives Resolution, Prasad presided over the Assembly, and Patel chaired the advisory committees on fundamental rights and minorities.

Question 3Indian Constitution and Constitutional Development

The idea of a Preamble to the Constitution of India was borrowed from which country's constitution?

  1. Canada
  2. United Kingdom
  3. United States of America Correct answer.
  4. Ireland

Explanation

The Preamble, along with provisions such as the Bill of Rights and judicial review, was influenced by the Constitution of the United States. Ireland contributed the Directive Principles of State Policy, while the parliamentary system came largely from the United Kingdom.

Question 4Indian Constitution and Constitutional Development

Which Article of the Constitution declares that the Constitution may be amended only by the procedure laid down in that Article, thereby excluding any other mode of amendment?

  1. Article 368 Correct answer.
  2. Article 370
  3. Article 324
  4. Article 356

Explanation

Article 368 is the amending article; it lays down the procedure and states that Parliament may amend the Constitution in accordance with that procedure. Article 356 concerns President's Rule, Article 370 gave special status to Jammu and Kashmir, and Article 324 deals with the Election Commission.

Question 5Indian Constitution and Constitutional Development

The Objectives Resolution, which set out the philosophy later reflected in the Preamble, was moved in the Constituent Assembly by which member?

  1. Sardar Vallabhbhai Patel
  2. Jawaharlal Nehru Correct answer.
  3. Maulana Abul Kalam Azad
  4. Dr. B. R. Ambedkar

Explanation

Jawaharlal Nehru moved the Objectives Resolution on 13 December 1946, and it was adopted on 22 January 1947. It declared India an independent sovereign republic and inspired the Preamble's ideals of justice, liberty, equality and fraternity.

Question 6Indian Constitution and Constitutional Development

The Constitution of India was adopted by the Constituent Assembly on which date?

  1. 26 January 1950
  2. 9 December 1946
  3. 26 November 1949 Correct answer.
  4. 15 August 1947

Explanation

The Constituent Assembly adopted the Constitution on 26 November 1949, a date now observed as Constitution Day. A substantial part of it came into force on 26 January 1950, the date of commencement.

Question 7Indian Constitution and Constitutional Development

Which feature of the Indian Constitution was adopted from the Constitution of Ireland?

  1. The Directive Principles of State Policy Correct answer.
  2. The office of the Governor
  3. Emergency provisions
  4. The federal scheme with residuary powers in the Union

Explanation

The Directive Principles of State Policy were borrowed from the Irish Constitution, which itself drew on Spanish and other models. The Constitution of Ireland also influenced the method of presidential election. The federal scheme with residuary powers in the Union came from Canada.

Question 8Indian Constitution and Constitutional Development

The Constitution of India describes India in Article 1 as which of the following?

  1. A unitary state
  2. A confederation of states
  3. A federation of states
  4. A Union of States Correct answer.

Explanation

Article 1(1) declares that India, that is Bharat, shall be a Union of States. The term 'Union' was chosen to indicate that the states did not create the federation and have no right to secede. It is neither a confederation nor a purely unitary state.

Question 9Indian Constitution and Constitutional Development

In the case of Kesavananda Bharati v. State of Kerala (1973), the Supreme Court held that Parliament's amending power under Article 368 is subject to which limitation?

  1. It cannot alter the basic structure of the Constitution Correct answer.
  2. It cannot amend the Fundamental Rights
  3. It cannot be exercised during a national emergency
  4. It cannot be exercised without a prior referendum

Explanation

The Supreme Court in Kesavananda Bharati laid down the basic structure doctrine, holding that Parliament may amend the Constitution but cannot destroy or abrogate its essential features. This overruled the earlier position in Golaknath that Fundamental Rights were wholly unamendable. The doctrine does not require a referendum or bar amendments during emergency.

Question 10Indian Constitution and Constitutional Development

Which amendment inserted the words 'socialist', 'secular' and 'integrity' in the Preamble of the Constitution?

  1. The 24th Amendment, 1971
  2. The 44th Amendment, 1978
  3. The 42nd Amendment, 1976 Correct answer.
  4. The 52nd Amendment, 1985

Explanation

The 42nd Amendment Act, 1976, often called the 'mini-Constitution', amended the Preamble to add 'socialist', 'secular' and 'integrity'. The 24th Amendment dealt with Parliament's power to amend Fundamental Rights after Golaknath. The 44th Amendment largely reversed the excesses of the 42nd.

Question 11Indian Constitution and Constitutional Development

A constitutional amendment seeks to change the manner of election of the President of India. Which special majority requirement must be satisfied in addition to the ordinary amending procedure?

  1. A special majority in a joint sitting of Parliament
  2. Ratification by the legislatures of not less than half of the states Correct answer.
  3. Ratification by the legislatures of all the states
  4. Approval by the Supreme Court

Explanation

Article 368(2) requires that amendments touching specified federal provisions, including the manner of election of the President, be ratified by the legislatures of not less than half of the states before being presented for assent. Ratification by all states is not required, and the judiciary has no approving role.

Question 12Indian Constitution and Constitutional Development

The Fundamental Duties were added to the Constitution by which amendment, and on whose recommendation?

  1. The 73rd Amendment, on the recommendation of the Ashok Mehta Committee
  2. The 42nd Amendment, on the recommendation of the Swaran Singh Committee Correct answer.
  3. The 44th Amendment, on the recommendation of the Sarkaria Commission
  4. The 52nd Amendment, on the recommendation of the Rajamannar Committee

Explanation

The 42nd Amendment Act, 1976 inserted Part IVA (Article 51A) listing Fundamental Duties, following the report of the Swaran Singh Committee. The duties were intended to remind citizens that rights carry corresponding obligations. The 44th Amendment did not add them.

Question 13Indian Constitution and Constitutional Development

The writ of quo warranto issued by a High Court or the Supreme Court is directed at which situation?

  1. Failure of a public authority to perform a statutory duty
  2. A person holding a public office without lawful authority Correct answer.
  3. Unlawful detention of a person by the state
  4. Quashing of an order passed by a lower court

Explanation

Quo warranto asks a person to show by what authority they hold a public office, and lies where the appointment is contrary to law. Habeas corpus addresses unlawful detention, mandamus compels performance of a public duty, and certiorari quashes decisions of inferior courts or tribunals.

Question 14Indian Constitution and Constitutional Development

Under the scheme of the Constitution, the residuary powers of legislation are vested in which legislature?

  1. Parliament Correct answer.
  2. The state legislatures
  3. The President acting on the advice of the Inter-State Council
  4. Both Parliament and state legislatures concurrently

Explanation

Article 248 read with Entry 97 of the Union List gives Parliament the exclusive power to legislate on matters not enumerated in the Union, State or Concurrent Lists. This follows the Canadian model rather than the American one, where residuary powers rest with the states.

Question 15Indian Constitution and Constitutional Development

Which of the following subjects appears in the Concurrent List of the Seventh Schedule?

  1. Education, including universities Correct answer.
  2. Foreign affairs
  3. Police and public order
  4. Defence of India

Explanation

Education was shifted to the Concurrent List by the 42nd Amendment Act, 1976, allowing both Parliament and state legislatures to legislate. Police and public order remain in the State List, while defence and foreign affairs are Union List subjects.

Question 16Indian Constitution and Constitutional Development

The Governor of a state is appointed by whom, and holds office during whose pleasure?

  1. Appointed by the President; holds office during the pleasure of the President Correct answer.
  2. Elected by the state legislature; holds office for a fixed term of five years
  3. Appointed by the Chief Justice of India; holds office during good behaviour
  4. Elected by an electoral college; holds office during the pleasure of Parliament

Explanation

Article 155 provides that the Governor is appointed by the President, and Article 156 states that the Governor holds office during the pleasure of the President. Although the normal term is five years, the office is not secured by a fixed tenure in the way a judge's is.

Question 17Indian Constitution and Constitutional Development

The doctrine of pleasure, as interpreted in the Indian Constitution with respect to civil servants, is subject to which constitutional safeguard?

  1. The requirement of an inquiry under Article 311 before dismissal or removal Correct answer.
  2. A mandatory reference to the Supreme Court
  3. Prior approval of the Union Public Service Commission for dismissal
  4. Ratification by the state legislature

Explanation

Article 310 lays down that civil servants hold office during pleasure, but Article 311 restricts this by requiring an inquiry and a reasonable opportunity of being heard before dismissal, removal or reduction in rank. The safeguard does not require prior commission approval or legislative ratification.

Question 18Indian Constitution and Constitutional Development

Which schedule of the Constitution contains provisions relating to the administration of tribal areas in Assam, Meghalaya, Tripura and Mizoram?

  1. The Seventh Schedule
  2. The Sixth Schedule Correct answer.
  3. The Fifth Schedule
  4. The Ninth Schedule

Explanation

The Sixth Schedule provides for autonomous district and regional councils in the tribal areas of Assam, Meghalaya, Tripura and Mizoram. The Fifth Schedule deals with the administration of Scheduled Areas and Scheduled Tribes in other states. The Seventh Schedule contains the three legislative lists.

Question 19Indian Constitution and Constitutional Development

The Election Commission of India, constituted under Article 324, is best described as which kind of body?

  1. A statutory body created by an Act of Parliament
  2. A constitutional body with statutory powers of superintendence over elections Correct answer.
  3. A judicial tribunal for deciding election disputes
  4. An advisory body attached to the Ministry of Law and Justice

Explanation

Article 324 establishes the Election Commission as a constitutional authority with superintendence, direction and control over elections to Parliament, state legislatures, and the offices of President and Vice-President. Election disputes, however, are adjudicated by courts and not by the Commission itself.

Question 20Indian Constitution and Constitutional Development

The concept of 'single citizenship' in the Indian Constitution, in contrast to the dual citizenship model, was influenced by which constitution?

  1. The Constitution of Switzerland
  2. The Constitution of Australia
  3. The Constitution of the United States
  4. The Constitution of the United Kingdom Correct answer.

Explanation

India adopted single citizenship from the British model, so that every person is a citizen of India alone and not separately of a state. The United States has dual citizenship of the Union and of the states. Single citizenship promotes national unity and equal rights across the country.

Question 21Indian Constitution and Constitutional Development

In which case did the Supreme Court hold that the Preamble is a part of the Constitution and can be used to interpret ambiguous provisions, though it is not enforceable in itself?

  1. Golaknath case (1967)
  2. Berubari Union case (1960)
  3. Kesavananda Bharati case (1973) Correct answer.
  4. Minerva Mills case (1980)

Explanation

In Kesavananda Bharati the Court reversed the earlier Berubari view and held that the Preamble is part of the Constitution and may be used as an aid to interpretation. It remains non-justiciable and cannot itself confer enforceable rights. The Golaknath and Minerva Mills cases dealt with other questions.

Question 22Indian Constitution and Constitutional Development

The 44th Amendment Act, 1978 made which change to the emergency provisions of the Constitution?

  1. It removed the Directive Principles from Part IV
  2. It deleted the Fundamental Duties from the Constitution
  3. It substituted 'internal disturbance' with 'armed rebellion' as a ground for a national emergency Correct answer.
  4. It abolished the office of the Vice-President

Explanation

The 44th Amendment replaced the vague ground of 'internal disturbance' with the narrower ground of 'armed rebellion' for proclaiming a national emergency under Article 352. It also required written advice of the Cabinet and restored protections curtailed by the 42nd Amendment. It did not abolish any office or delete Parts IV and IVA.

Question 23Indian Constitution and Constitutional Development

A state legislature passes a law on a Concurrent List subject that is repugnant to an existing central law on the same subject. Under Article 254, in which situation may the state law prevail?

  1. Where the state legislature passes the law by a two-thirds majority
  2. Where the Governor certifies that the law is in the state's interest
  3. Where the state law has received the assent of the President, and it is reserved for and assented to accordingly Correct answer.
  4. Whenever the state law is passed after the central law, regardless of presidential assent

Explanation

Article 254(2) allows a state law on a Concurrent subject to prevail over an earlier central law if it has been reserved for the President and has received presidential assent. Mere later enactment or a special majority in the state legislature is insufficient. The central law still prevails in other cases.

Question 24Indian Constitution and Constitutional Development

The 'doctrine of colourable legislation' is best understood as which principle?

  1. A legislature may enact a law on a subject outside its list if the law is beneficial to the public
  2. A law once held valid cannot be reconsidered by any court
  3. A legislature may delegate unlimited legislative power to the executive
  4. What a legislature cannot do directly, it cannot do indirectly by disguising the true subject of the law Correct answer.

Explanation

The doctrine of colourable legislation applies in federal systems where legislative competence is divided: a legislature cannot achieve indirectly, through a law ostensibly on a permitted subject, what it lacks power to do directly. The court examines the true nature and substance of the legislation. It is not a doctrine validating public-benefit laws or permitting excessive delegation.

Question 25Indian Constitution and Constitutional Development

The National Commission for Scheduled Castes under Article 338 and the National Commission for Scheduled Tribes under Article 338A were separated by which amendment, and what was the effect?

  1. The 89th Amendment, 2003, which bifurcated the earlier combined commission into two separate commissions Correct answer.
  2. The 73rd Amendment, 1992, which placed both commissions under panchayat control
  3. The 42nd Amendment, 1976, which abolished both commissions
  4. The 65th Amendment, 1990, which created a single combined commission for both groups

Explanation

The 65th Amendment had converted the earlier single commissioner into a multi-member National Commission for Scheduled Castes and Scheduled Tribes. The 89th Amendment, 2003 bifurcated it into the National Commission for Scheduled Castes under Article 338 and the National Commission for Scheduled Tribes under Article 338A.

Question 26Indian Constitution and Constitutional Development

The Constituent Assembly of India, which framed the Constitution, was constituted on the basis of which plan?

  1. The Cripps Mission proposals of 1942
  2. The Cabinet Mission Plan of 1946 Correct answer.
  3. The Government of India Act of 1935
  4. The Mountbatten Plan of 1947

Explanation

The Constituent Assembly was set up under the scheme proposed by the Cabinet Mission of 1946, with members indirectly elected by the provincial legislative assemblies. It held its first sitting on 9 December 1946. The Cripps Mission and the 1935 Act did not create the Assembly, and the Mountbatten Plan came after the Assembly was already functioning.

Question 27Indian Constitution and Constitutional Development

Under Article 368, a constitutional amendment that affects the representation of states in Parliament requires ratification by the legislatures of how many states?

  1. Not less than three-fourths of the states
  2. Not less than one-third of the states
  3. Not less than two-thirds of the states
  4. Not less than one-half of the states Correct answer.

Explanation

Article 368(2) requires that amendments touching federal provisions, such as the representation of states in Parliament, be ratified by the legislatures of not less than one-half of the states before the amending bill is presented for assent. The two-thirds figure in the same article refers to the special majority of members present and voting in each House, not to state ratification. Three-fourths is not a threshold used anywhere in Article 368.

Question 28Indian Constitution and Constitutional Development

A Union law and a state law both deal with 'education', a Concurrent List subject, and the two are repugnant. The state law had already received the President's assent before the Union law was enacted. Which law prevails?

  1. The state law, but only within the territory of the state that enacted it
  2. The state law, because presidential assent protects it from repugnancy under Article 254(2) Correct answer.
  3. The Union law, because Union legislation always overrides state legislation
  4. Neither law, because both must be struck down and re-enacted afresh

Explanation

Article 254(1) makes the Union law prevail in case of repugnancy on a Concurrent subject, but Article 254(2) creates an exception: a state law reserved for and assented to by the President prevails in that state. The assent must precede the repugnancy, which is satisfied here. Parliament can still override such a state law later by a specific law under Article 254(2) proviso, but that is not the position described.

Question 29Indian Constitution and Constitutional Development

Which of the following best describes the nature of the office of the Comptroller and Auditor General of India under the Constitution?

  1. An independent constitutional authority auditing Union and state accounts, with duties prescribed by Parliament Correct answer.
  2. A department of the Ministry of Finance subordinate to the Union Cabinet
  3. An advisory body that only recommends reforms in public expenditure
  4. A tribunal adjudicating disputes between the Union and the states over accounts

Explanation

Articles 148 to 151 create the CAG as an independent constitutional office with security of tenure, and empower Parliament to prescribe its duties and powers, which it did through the CAG's (Duties, Powers and Conditions of Service) Act, 1971. The CAG audits the accounts of the Union and the states and reports to the President and Governors. It is not part of the executive and does not adjudicate inter-governmental disputes.

Question 30Indian Constitution and Constitutional Development

The Supreme Court has held that the power to grant pardons under Article 72 is subject to judicial review. On which basis can such review proceed?

  1. Only on grounds that the order is arbitrary, mala fide, or passed without application of mind Correct answer.
  2. On the merits of the conviction, allowing the Court to re-appreciate evidence
  3. On the ground that the President disagreed with the Council of Ministers' advice
  4. On no ground at all, since the power is absolute and non-justiciable

Explanation

In cases such as Kehar Singh and Epuru Sudhakar, the Supreme Court held that the pardoning power is exercisable on the advice of the Council of Ministers and is subject to limited judicial review. Review is confined to whether the order was arbitrary, discriminatory, mala fide, or passed without application of mind, or on irrelevant considerations. The Court does not sit in appeal over the conviction, and the power is not absolute.

Question 31Fundamental Rights, Duties and Directive Principles

Under the constitutional scheme studied in Rajasthan Board political science, into which category do the Fundamental Rights fall in relation to the powers of the legislature?

  1. They are positive instructions directing the state to achieve socio-economic goals
  2. They are negative obligations limiting state action in favour of individual liberty Correct answer.
  3. They are moral precepts that courts cannot enforce at all
  4. They are discretionary concessions granted by Parliament through ordinary law

Explanation

Fundamental Rights are largely framed as limitations on state power, protecting the individual against arbitrary action. They are justiciable, unlike the Directive Principles, which are positive goals. This distinction between negative restraints and positive duties is central to the constitutional design.

Question 32Fundamental Rights, Duties and Directive Principles

Which writ is issued by a court to a person holding public office, directing that a public duty be performed when that duty is being neglected?

  1. Quo warranto
  2. Mandamus Correct answer.
  3. Prohibition
  4. Habeas corpus

Explanation

Mandamus literally means 'we command' and compels performance of a public duty that has been refused or neglected. It lies against public authorities and cannot ordinarily be used against a private individual. The other writs deal with unlawful detention, usurpation of office, and restraint of lower courts.

Question 33Fundamental Rights, Duties and Directive Principles

The right to move the Supreme Court directly for enforcement of Fundamental Rights is itself guaranteed as a Fundamental Right. Which article provides this guarantee?

  1. Article 19
  2. Article 32 Correct answer.
  3. Article 21
  4. Article 226

Explanation

Article 32 makes the right to constitutional remedies a Fundamental Right and empowers the Supreme Court to issue writs for enforcement of Fundamental Rights. Article 226 gives similar power to High Courts but is not itself a Fundamental Right. This is why Article 32 is often described as the heart and soul of the Constitution.

Question 34Fundamental Rights, Duties and Directive Principles

Which of the following is listed in Part IV-A of the Constitution as a Fundamental Duty?

  1. To join the armed forces when called upon
  2. To vote in every election to the legislature
  3. To protect and improve the natural environment Correct answer.
  4. To pay all direct taxes promptly to the Union Government

Explanation

Part IV-A, inserted by the 42nd Amendment, includes the duty to protect and improve the natural environment, forests and wildlife. Voting, tax payment and military service are civic responsibilities but are not enumerated Fundamental Duties. The duties are moral obligations and are not directly enforceable by writs.

Question 35Fundamental Rights, Duties and Directive Principles

The Directive Principles of State Policy were borrowed in the Indian Constitution mainly from the constitutional experience of which country?

  1. Australia
  2. Canada
  3. United States of America
  4. Ireland Correct answer.

Explanation

The Directive Principles were inspired by the Irish Constitution, which itself drew on the Spanish model of non-justiciable social goals. The framers adapted this device to give the state positive socio-economic direction. The American and Australian models contributed other features such as judicial review and federalism.

Question 36Fundamental Rights, Duties and Directive Principles

The Constitution itself states that the Directive Principles are not enforceable by any court. Which article contains this express declaration?

  1. Article 39
  2. Article 37 Correct answer.
  3. Article 38
  4. Article 36

Explanation

Article 37 declares that the Directive Principles are not enforceable by any court, yet are fundamental in the governance of the country. Article 36 defines 'State' for Part IV, while Articles 38 and 39 lay down particular policy goals. The non-enforceability clause is therefore located in Article 37.

Question 37Fundamental Rights, Duties and Directive Principles

In the context of Fundamental Duties, which statement correctly describes their legal character?

  1. They are non-justiciable obligations that may be considered by courts while interpreting laws Correct answer.
  2. They are enforceable through writ petitions filed under Article 32
  3. They override the Fundamental Rights in case of conflict
  4. They automatically result in criminal liability when violated

Explanation

Fundamental Duties are moral and civic obligations that cannot be directly enforced by courts. However, courts may refer to them while interpreting statutes and constitutional provisions. Parliament may also use them to justify reasonable restrictions on rights. They do not create independent criminal liability.

Question 38Fundamental Rights, Duties and Directive Principles

A state government issues an order permitting forced eviction of residents without any hearing or alternative housing. Which Fundamental Right is most directly engaged by such an order?

  1. Right to freedom of religion under Article 25
  2. Right against exploitation under Article 23
  3. Right to life and personal liberty under Article 21 Correct answer.
  4. Right to equality before law under Article 14

Explanation

Forced eviction without hearing or resettlement directly affects the right to life and personal liberty under Article 21, which courts have read to include shelter and dignity. Article 14 may also be relevant, but the most direct and specific engagement is with Article 21. Articles 23 and 25 address trafficking and religion respectively.

Question 39Fundamental Rights, Duties and Directive Principles

A private educational institution receives substantial government funding and refuses admission on grounds of religion. Which reasoning best explains why Article 15 can be applied to it?

  1. Article 15 applies because education is a subject in the Concurrent List
  2. Article 15 applies to every private body because it is a Fundamental Right
  3. Article 15 never applies to any educational institution
  4. Article 15 applies only to bodies performing a public function, including state-aided institutions Correct answer.

Explanation

Article 15 prohibits discrimination by the State, and courts have held that state-aided institutions performing public functions fall within its scope. The funding and public character of the institution justify its classification as an instrumentality of the State. The Concurrent List entry is irrelevant to the reach of Article 15.

Question 40Fundamental Rights, Duties and Directive Principles

A state law imposes reasonable restrictions on the freedom of speech to prevent incitement to violence. Which constitutional provision justifies such a law?

  1. Article 25(2)
  2. Article 19(2) Correct answer.
  3. Article 21
  4. Article 19(1)(a) read alone

Explanation

Article 19(1)(a) guarantees freedom of speech, but Article 19(2) permits the State to impose reasonable restrictions on specified grounds such as public order and security. A law preventing incitement to violence therefore draws authority from Article 19(2). Article 19(1)(a) by itself grants the right and cannot justify its restriction.

Question 41Fundamental Rights, Duties and Directive Principles

A person is detained under a preventive detention law. Which safeguard is expressly provided by Article 22?

  1. The detenu must be informed of the grounds of detention and given the earliest opportunity to make a representation Correct answer.
  2. The detenu has an absolute right to consult a lawyer of choice during interrogation
  3. The detenu must be released on bail if the offence is non-cognizable
  4. The detenu must be produced before a magistrate within 24 hours in every case

Explanation

Article 22 requires that a person arrested be informed of the grounds of arrest and allowed to consult a legal practitioner, and for preventive detention it requires communication of grounds and an opportunity to represent. The 24-hour production rule applies to ordinary arrests and is expressly excluded for preventive detention. Bail rules are governed by statutes, not Article 22.

Question 42Fundamental Rights, Duties and Directive Principles

Which of the following best explains the constitutional relationship between Fundamental Rights and Directive Principles after the Kesavananda Bharati and Minerva Mills decisions?

  1. Fundamental Rights have been subordinated entirely to Directive Principles
  2. Directive Principles have been made fully enforceable by courts
  3. Directive Principles have been deleted from the Constitution
  4. Both are complementary, and a balance must be maintained without destroying the basic structure Correct answer.

Explanation

The Supreme Court has held that Fundamental Rights and Directive Principles are complementary and that harmony between them is part of the basic structure. Neither can be used to destroy the other, and the balance must be preserved. This rejects both the absolute primacy of rights and the full enforceability of directives.

Question 43Fundamental Rights, Duties and Directive Principles

A state enacts a law providing free and compulsory education to children up to fourteen years. Which constitutional provision is most directly implemented by this law?

  1. Article 30
  2. Article 21A Correct answer.
  3. Article 19(1)(g)
  4. Article 29

Explanation

Article 21A, inserted by the 86th Amendment, makes free and compulsory education a Fundamental Right for children aged six to fourteen. Article 45 was correspondingly amended to require early childhood care. Articles 29 and 30 protect cultural and educational rights of minorities rather than universal elementary education.

Question 44Fundamental Rights, Duties and Directive Principles

The right to property was removed from the list of Fundamental Rights by which constitutional amendment?

  1. 24th Amendment
  2. 44th Amendment Correct answer.
  3. 42nd Amendment
  4. 52nd Amendment

Explanation

The 44th Amendment, 1978, deleted the right to property from Part III and made it a legal right under Article 300A. The 42nd Amendment introduced Fundamental Duties and other changes but did not remove property. The 24th and 52nd Amendments dealt with amendment procedure and anti-defection respectively.

Question 45Fundamental Rights, Duties and Directive Principles

A religious denomination claims the right to manage its own affairs in matters of religion. Which article specifically protects this right?

  1. Article 26 Correct answer.
  2. Article 25
  3. Article 28
  4. Article 27

Explanation

Article 26 protects the freedom of every religious denomination to establish and maintain institutions and to manage its own affairs in matters of religion. Article 25 protects individual freedom of conscience and practice. Articles 27 and 28 deal with taxation for religion and religious instruction in state-funded institutions.

Question 46Fundamental Rights, Duties and Directive Principles

A state government frames a policy to secure equal pay for equal work for men and women. Which Directive Principle is most directly reflected in this policy?

  1. Article 39(d) Correct answer.
  2. Article 39(a)
  3. Article 40
  4. Article 44

Explanation

Article 39(d) directs the State to secure equal pay for equal work for both men and women. Article 39(a) concerns adequate means of livelihood, while Article 40 deals with panchayats and Article 44 with a uniform civil code. The specific clause on equal pay is therefore 39(d).

Question 47Fundamental Rights, Duties and Directive Principles

Which of the following pairs correctly matches a Fundamental Duty with its constitutional description?

  1. To safeguard public property and abjure violence Correct answer.
  2. To acquire property for the family
  3. To pay taxes promptly to the state
  4. To join a political party for national service

Explanation

Article 51-A includes the duty to safeguard public property and to abjure violence. Payment of taxes, joining a political party and acquiring property are not enumerated Fundamental Duties. Recognising the exact wording of the enumerated duties is important for this examination.

Question 48Fundamental Rights, Duties and Directive Principles

A court is asked to declare a statute void solely because it violates a Directive Principle. What is the correct judicial approach?

  1. The statute must be struck down because directives are supreme
  2. The statute cannot be struck down on that ground alone, though directives may inform interpretation Correct answer.
  3. The court must refer the matter to Parliament for a final decision
  4. The statute must be struck down if the directive concerns social welfare

Explanation

Article 37 makes the Directive Principles non-enforceable, so a statute cannot be invalidated solely for violating them. However, courts may use directives as an aid to interpretation and to uphold laws that implement them. This preserves the distinction between justiciable rights and policy goals.

Question 49Fundamental Rights, Duties and Directive Principles

Which instance best illustrates the application of the writ of habeas corpus?

  1. A citizen challenges the election of a legislator
  2. A lower court is restrained from hearing a case beyond its jurisdiction
  3. A citizen seeks an order directing a municipal body to repair a road
  4. A person challenges the legality of his detention and seeks release Correct answer.

Explanation

Habeas corpus commands the production of a detained person so that the legality of detention may be examined. If the detention is unlawful, the court orders release. Repair of roads, election disputes and jurisdictional restraint involve mandamus, election petitions and prohibition respectively.

Question 50Fundamental Rights, Duties and Directive Principles

The Supreme Court has held that the right to privacy is protected as part of which Fundamental Right?

  1. Article 25
  2. Article 21 Correct answer.
  3. Article 19(1)(a) alone
  4. Article 14 alone

Explanation

In K.S. Puttaswamy the Supreme Court recognised privacy as an intrinsic part of the right to life and personal liberty under Article 21. Other articles such as 14 and 19 may be engaged in specific contexts, but privacy is grounded primarily in Article 21. Article 25 concerns religious freedom and is not the source of the privacy right.