UPSC conducted civil services IAS/IPS preliminary exam on 4th October 2020 from 9.30 AM – 11.30 AM.
Total 15 out of 100 questions in General Studies Paper-1 were devoted to Polity.
1. The Preamble to the Constitution of India is (Pre’20-Set B Q. 26)
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.
Explanation :
| Case | Judgement |
| A.K. Gopalan vs State of Madras (1950) | Supreme Court ruled that Preamble is not enforceable in a court of law. |
| Berubari Union (1960) | Supreme Court ruled that Preamble is not a part of the Indian Constitution however, it helps in interpretation of the clauses of the Constitution. |
| Keshavananda Bharti vs State of Kerala (1973) | Supreme Court ruled that the Preamble is a part of the Indian Constitution. |
- The combined effect of the 3 judgments has been that even though the Preamble is a part of the Constitution, but it is not enforceable in a court of law.
2. Which one of the following categories of Fundamental Rights incorporates protection against untouchability as a form of discrimination? (Pre’20-SetB) Q.34.
a) Right against Exploitation
b) Right to freedom
c) Right to constitutional remedies
d) Right to equality
Explanation :
| Right Against Exploitation | Article 23: Prohibition of traffic in human beings and forced labour Article 24: Prohibition of employment of children in factories, etc. |
| Right to Freedom | Article 19: Protection of certain rights regarding freedom of speech, etc. Article 20: Protection in respect of conviction for offences Article 21: Protection of life and personal liberty Article 21A: Right to education Article 22: Protection against arrest and detention in certain cases |
| Right to Constitutional Remedies | Article 32 |
| Right to Equality | Article 14: Equality before law Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth Article 16: Equality of opportunity in matters of public employment Article 17: Abolition of untouchability Article 18: Abolition of titles |
3. In India, separation of judiciary from the executive is enjoined by (Pre’20-SetB) Q.35
a) The Preamble of the Constitution
b) A Directive Principle of state policy
c) The Seventh schedule
d) The conventional practice
Explanation :
Article 36 to Article 51 of our Constitution deal with Directive Principles of the State Policy. Within that Article 50 deals prescribes Separation of judiciary from executive.
4. Other than the Fundamental Rights, which of the following parts of the Constitution of India reflect/reflects the principles and provisions of the Universal Declaration of Human Rights (1948)? (Pre’20-SetB) Q. 38.
- Preamble
- Directive Principles of State Policy
- Fundamental Duties
Select the correct answer using the code given below:
a) 1 and 2 only
b) 2 only
c) 1 and 3 only
d) 1, 2 and 3
Explanation :
- Preamble to the Universal Declaration of Human Rights mentions about dignity of an individual. Preamble of Indian Constitution speaks about “EQUALITY of status and of opportunity; assuring the dignity of the individual and the unity and integrity”
- Article 23 of the Universal Declaration of Human Rights mentions about the Right to Work. Similar concept in Article 41 of the Indian Constitution, under the head of DPSPs.
- Article 29 of the Universal Declaration of Human Rights mentions about duties. A similar concept that was inserted in the Indian Constitution by the 42nd Constitutional Amendment Act, 1976 under Part IV-A of the Constitution (Article 51A).
5. Which part of the Constitution of India declares the ideal of Welfare state? (Pre’20-SetB) Q. 22.
a) Directive principles of state policy
b) Fundamental rights
c) Preamble
d) Seventh schedule
Explanation:
- Directive principles of state policy are given in the Part IV of the Indian Constitution (Article 36 to 51).
- Article 38 mentioned about State to secure a social order for the promotion of welfare of the people.
6. With reference to the provisions contained in part IV of the constitution of India, which of the following statements is/are correct? (Pre’20-SetB) Q. 28.
- They shall be enforceable by courts
- They shall not be enforceable by any court
- 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
Explanation:
- Part-IV of the Indian Constitution deals with the Directive Principles of the State Policy (Article 36 to Article 51)
- Article 37: Provisions of Part-IV shall not be enforceable by any court.
- Article 37 of the Indian Constitution also states that it shall be the duty of the state to apply these principles in making laws as they are fundamental in the governance of the country.
7. Consider the following statements: (Pre’20-SetB) Q. 23.
- The Constitution of India defines its ‘basic structure’ in terms of federalism, secularism, fundamental rights and democracy.
- 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
Explanation:
- Constitution of India does not define the term ‘basic structure’. It is a judicial tool that was invented by the Supreme Court of India in the Keshavananda Bharti vs State of Kerala (1973) landmark judgment.
- Even though, the Supreme Court invented the concept of Basic Structure in the aforementioned judgment, it did not define the same. However, it is only in the later judgments that the court has added various elements to the list of the basic structure of the Constitution. So, 1st statement is incorrect.
- While Article 13 of the Indian Constitution deals with the ‘CONCEPT’ of Judicial Review however, it does not explicitly mentions the term judicial review. But assuming that question is asking in general sense, the answer should be “B”: Only 2nd statement correct.
8. Consider the following statements: (Pre’20-SetB) Q. 30.
- The president of India can summon a session of Parliament at such place as he/she thinks fit.
- The Constitution of India provides for three sessions of the Parliament in a year, but it is not mandatory to conduct all three sessions
- There is no minimum number of days that the Parliament is required to meet in a year.
Which of the statements given above is/are correct?
a) 1 only
b) 2 only
c) 1 and 3 only
d) 2 and 3 only
9. Rajyasabha has equal powers with Loksabha in _ _ _ . (Pre’20-SetB) Q. 32.
a) The matter of creating new all India services
b) Amending the Constitution
c) The removal of the government
d) Making cut motions
Explanation:
- Article 312: With regards to the creation of All India Services, Rajya Sabha has special powers such that if Rajya Sabha is passing a resolution by a majority of 2/3rd of the members present and voting, Parliament may, by law, create one or more All India Services in national interest.
- Article 75(3) hold the government collectively responsible to the Lok Sabha. Hence, in this regards, Lok Sabha has greater power as compared to Rajya Sabha.
- Cut Motions, which are meant to reduce the amount allocated to the ministries in the demand for grants, can be made only in Lok Sabha. Rajya Sabha can only make recommendations with regards to the cut motion.
- Article 368 of the Indian Constitution, a bill to amend the Constitution can be introduced in either house of the Parliament and both the houses have equal powers in respect to the Constitutional Amendment Bill.
10. Consider the following statements: (Pre’20-SetB) Q.29.
- According to the Constitution of India, a person who is eligible to vote can be made a minister in a state for six months even if he/she is not a member of that state.
- According to the Representation of People Act,1951, a person convicted of a criminal offence and sentenced to imprisonment for five years is permanently disqualified from contesting an election even after his release from prison.
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
11. In India, Legal Services Authorities provide free legal services to which of the following type of citizens? (Pre’20-SetB) Q. 39.
- Person with an annual income of less than Rs. 1,00,000
- Transgender with an annual income of less than Rs. 2,00,000
- Member of Other Backward Classes (OBC) with an annual income of less than Rs. 3,00,000
- All Senior Citizens
Select the correct answer using the code given below:
a) 1 and 2 only
b) 3 and 4 only
c) 2 and 3 only
d) 1 and 4 only
12. Consider the following statements: (Pre’20-SetB) Q. 31.
- Aadhaar metadata cannot be stored for more than three months
- State cannot enter into any contract with private corporations for sharing of Aadhar data
- Aadhaar is mandatory for obtaining insurance products.
- Aadhar is mandatory for getting benefits funded out of the Consolidate fund of India.
Which of the statements give above is/are correct?
a) 1 and 4 only
b) 2 and 4 only
c) 3 only
d) 1, 2 and 3 only
Explanation:
- As per the Aadhar Act, 2016, read together with the Supreme Court Judgment of 2018, the Aadhar Metadata can be stored for a maximum period of 6 months.
- In the 2018 judgment, Supreme Court held that Aadhar is not mandatory to purchase the insurance products however, it can be voluntarily used for KYC of the insurance products.
- Also, the Supreme Court ruled that any welfare scheme, driving funds out of the Consolidated Fund of India, would require Aadhar to deliver the benefits to the intended beneficiaries.
13. A constitutional government by definition is a _ _ _ _ . (Pre’20-SetB) Q. 37.
a) government by legislature
b) popular government
c) Multi party government
d) Limited government
Explanation :
The powers of the government are limited by means of the Fundamental Rights enshrined in the Part-III of the Indian Constitution, that are essentially given to us against the state actions.
14. In the context of India, which one of the following is the characteristic appropriate for bureaucracy? (Pre’20-SetB) Q.25.
a) An agency widening the scope of parliamentary democracy
b) An agency for strengthening the structure of federalism
c) An agency for facilitating political stability and economic growth
d) An agency for the implementation of public policy
15. A parliamentary system of government is one in which (Pre’20-SetB) Q.21.
a) All political parties in the parliament are represented in the government
b) The government is responsible to the parliament and can be remove by it
c) The government is elected by the people and can be removed by them
d) The government is chosen by the parliament but cannot be removed by it before completion of a fixed term
Explanation:
- Article 75: The ministers are collectively responsible to the Parliament in general and to the Lok Sabha in particular. The principle of collective responsibility implies that the Lok Sabha can remove the ministry (i.e., council of ministers headed by the prime minister) from office by passing a vote of no confidence.