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Question 551

BPSC AEDO 2023• Full Test

Consider the following statements about the collegium system:

  1. The Supreme Court collegium is a five-member body, which is headed by the incumbent Chief Justice of India (CJI) and comprises four other seniormost Judges of the Court at that time.
  2. The Parliament by law has evolved the collegium system.
  3. The Judges of the Supreme Court and High Courts are appointed only through the collegium system.
  4. The collegium system was introduced in the year 1993 by Justice P. N. Bhagwati in the landmark First Judges Case.

Which of the above statements is/are correct?

  1. AOption (a)

    Only 1

  2. BOption (b)

    1 and 2

  3. COption (c)

    3 and 4 

  4. DOption (d)

    1 and 3

View answer & explanation

Correct answer

Answer: (d)D.

1 and 3

Why this answer is correct

The correct answer is 1 and 3.

Key Points

  • The Supreme Court collegium is a five-member body, which is headed by the incumbent Chief Justice of India (CJI) and comprises four other seniormost Judges of the Court at that time. - This statement is correct.
  • The Parliament by law has evolved the collegium system. - This statement is not correct. The collegium system for the appointment of judges was not created by an act of Parliament. It evolved through judicial pronouncements and judgments.
  • **The Judges of the Supreme Court and High Courts are appointed only through the collegium system. - This statement is correct. The appointment and transfer of judges in the Supreme Court and High Courts are primarily done through the collegium system, though there have been some attempts to introduce a role for the executive branch in the process.
  • The collegium system was introduced in the year 1993 by Justice P. N. Bhagwati in the landmark First Judges Case. - This statement is not correct. The collegium system was not introduced in 1993 by Justice P. N. Bhagwati but rather evolved over a period of time through various judgments of the Supreme Court. The collegium system gained more prominence in the 1990s.
  • So, statements 1 and 3 are correct.

Question 552

BPSC AEDO 2023• Full Test

Consider the following statements regarding the 42nd Amendment to the Constitution of India :

  1. It added three words to the Preamble—‘Socialist’, ‘Secular’ and ‘Integrity’.
  2. It added eight Fundamental Duties to the Constitution.
  3. It added new Directive Principles, i.e., Article 39A, Article 43A and Article 47.
  4. It granted power to the President, in consultation with the Election Commission, to disqualify members of the State Legislatures.

Which of the above statements is/are incorrect?

  1. AOption (a)

    1 and 2

  2. BOption (b)

     2 and 3

  3. COption (c)

    1,2 and 3

  4. DOption (d)

    1 and 4

View answer & explanation

Correct answer

Answer: (b)B.

 2 and 3

Why this answer is correct

The correct answer is Option 2.

Key Points

Statement 1: Addition of 'Socialist,' 'Secular,' and 'Integrity' to the Preamble

  • Correct: The 42nd Amendment (1976) added the words ‘Socialist,’ ‘Secular,’ and ‘Integrity’ to the Preamble of the Constitution.
  • Purpose: These words were added to reflect the changing socio-political landscape of India and to promote a commitment to a socialist society and secularism, with an emphasis on national integrity.
  • Socialist: Indicates the aim to reduce inequality in society and promote social justice.
  • Secular: Affirms the state’s neutrality in matters of religion.
  • Integrity: Reflects the need for unity and integrity of the nation.

Statement 2: Addition of Eight Fundamental Duties

  • Incorrect: The 42nd Amendment added 10 Fundamental Duties (not eight).
  • Fundamental Duties were added under Article 51A of the Constitution, which listed 10 duties for citizens.
  • The 10 Fundamental Duties are:
  • To abide by the Constitution and respect its ideals and institutions.
  • To cherish and follow the noble ideals that inspired the national struggle for freedom.
  • To uphold and protect the sovereignty, unity, and integrity of India.
  • To defend the country and render national service when called upon.
  • To promote harmony and the spirit of common brotherhood.
  • To value and preserve the rich heritage of India’s composite culture.
  • To protect and improve the natural environment.
  • To develop scientific temper, humanism, and the spirit of inquiry.
  • To safeguard public property and abjure violence.
  • To strive towards excellence in all spheres of individual and collective activity.
  • The statement is incorrect because the number of Fundamental Duties added by the 42nd Amendment is 10, not 8.

Statement 3: Addition of New Directive Principles: Articles 39A, 43A, and 47

  • Incorrect: The 42nd Amendment did not introduce Articles 43A and 47.
  • Article 39A was added by the 42nd Amendment (1976), which ensures the provision of free legal aid to the poor and underprivileged.
  • Article 43A (which deals with workers’ participation in management) and Article 47 (which promotes the improvement of public health) were already in the Constitution before the 42nd Amendment and were not introduced by this amendment.
  • Therefore, the statement that Articles 39A, 43A, and 47 were added by the 42nd Amendment is incorrect because only Article 39A was added by it.

Statement 4: Power to the President to Disqualify Members of the State Legislatures

  • Correct: This statement is correct because the 42nd Amendment granted the President the power to disqualify members of the State Legislatures.
  • It amended Article 192 to transfer the power of deciding on the disqualification of a member of a State Legislature from the Governor to the President.
  • Under this amendment, the President would decide on such disqualifications after consulting the Election Commission.
  • This provision was later reversed by the 44th Amendment Act, 1978, which restored the power to the Governor.

Conclusion:

  • Statement 2 is incorrect because 10 Fundamental Duties were added, not 8.
  • Statement 3 is incorrect because only Article 39A was added by the 42nd Amendment, and Articles 43A and 47 already existed.

Question 553

BPSC AEDO 2023• Full Test

The specifications required for a community to be declared as a Scheduled Tribe are

  1. indications of primitive traits
  2. distinctive culture
  3. shyness of contact with the community at large
  4. backwardness and geographical isolation

Which of the above are correct?

  1. AOption (a)

    Only 1 and 2

  2. BOption (b)

    Only 2, 3 and 4

  3. COption (c)

    Only 1, 3 and 4

  4. DOption (d)

    All of the above

View answer & explanation

Correct answer

Answer: (d)D.

All of the above

Why this answer is correct

The correct answer is All of the above.

Key Points

The specifications required for a community to be declared as a Scheduled Tribe are:

  • Distinct Culture and Language: The community should have a distinct culture, language, and social customs that are different from the non-tribal population.
  • Geographical Isolation: The community should reside in tribal areas or areas that are geographically isolated, remote, and underdeveloped.
  • Traditional Occupation: Members of the community often follow traditional occupations like hunting, gathering, agriculture, or other forest-based activities.
  • Economic and Social Backwardness: The community should exhibit low levels of literacy, poor economic and social development, and be vulnerable to exploitation.
  • Historical Marginalization: Historical evidence of marginalisation, discrimination, and oppression in the community is considered.
  • Recommendation by State Governments: The state government typically recommends a community for inclusion in the Scheduled Tribe list, and the proposal is then forwarded to the National Commission for Scheduled Tribes (NCST).

Additional Information

  • It's important to note that the list of Scheduled Tribes is not static and can be updated periodically based on the recommendations of state governments, the NCST, and the President of India.
  • The inclusion of a community as a Scheduled Tribe provides them with certain constitutional safeguards and benefits, such as reservations in education, employment, and political representation, in order to uplift and protect their interests.
  • The criteria may vary slightly from state to state, as some states have their own lists of Scheduled Tribes in addition to the central list.

Question 554

BPSC AEDO 2023• Full Test

From which country, the Indian Constitution has taken reference for the idea of the Fundamental Rights?

  1. AOption (a)

    Ireland

  2. BOption (b)

    United States of America

  3. COption (c)

    United Kingdom

  4. DOption (d)

    Canada

View answer & explanation

Correct answer

Answer: (b)B.

United States of America

Why this answer is correct

The correct answer is United States of America.

Key Points

  • The Indian Constitution drew inspiration for the idea of fundamental rights from several sources, including the United States of America, the United Kingdom, and various other democratic countries.
  • The concept of fundamental rights in the Indian Constitution is influenced by the Bill of Rights in the United States Constitution, the Magna Carta of England, and the Universal Declaration of Human Rights adopted by the United Nations.

The Fundamental Rights:

The Constitution of India provides for six Fundamental Rights:

  • Right to equality (Articles 14–18)
  • Right to freedom (Articles 19–22)
  • Right against exploitation (Articles 23–24)
  • Right to freedom of religion (Articles 25–28)
  • Cultural and educational rights (Articles 29–30)
  • Right to constitutional remedies (Article 32)

Additional Information Sources of the Indian Constitution:

Sl.NoCountriesBorrowed Features of Indian Constitution
1Australia| Concurrent list | | --- | | Freedom of trade, commerce and intercourse | | Joint sitting of the two Houses of Parliament |Concurrent listFreedom of trade, commerce and intercourseJoint sitting of the two Houses of Parliament
Concurrent list
Freedom of trade, commerce and intercourse
Joint sitting of the two Houses of Parliament
2Canada| Federation with a strong Centre | | --- | | Vesting of residuary powers in the Centre | | Appointment of state governors by the Centre | | Advisory jurisdiction of the Supreme Court |Federation with a strong CentreVesting of residuary powers in the CentreAppointment of state governors by the CentreAdvisory jurisdiction of the Supreme Court
Federation with a strong Centre
Vesting of residuary powers in the Centre
Appointment of state governors by the Centre
Advisory jurisdiction of the Supreme Court
3Ireland| Directive Principles of State Policy | | --- | | Nomination of members to Rajya Sabha | | Method of election of the president |Directive Principles of State PolicyNomination of members to Rajya SabhaMethod of election of the president
Directive Principles of State Policy
Nomination of members to Rajya Sabha
Method of election of the president
4JapanProcedure Established by law
5Soviet Union (USSR) (now, Russia)| Fundamental duties | | --- | | Ideals of justice (social, economic and political) in the Preamble |Fundamental dutiesIdeals of justice (social, economic and political) in the Preamble
Fundamental duties
Ideals of justice (social, economic and political) in the Preamble
6UK| Parliamentary government | | --- | | Rule of Law | | Legislative procedure | | Single Citizenship | | Cabinet system | | Prerogative writs | | Parliamentary privileges | | Bicameralism |Parliamentary governmentRule of LawLegislative procedureSingle CitizenshipCabinet systemPrerogative writsParliamentary privilegesBicameralism
Parliamentary government
Rule of Law
Legislative procedure
Single Citizenship
Cabinet system
Prerogative writs
Parliamentary privileges
Bicameralism
7US| Fundamental rights | | --- | | Independence of judiciary | | Judicial review | | Impeachment of the president | | Removal of Supreme Court and High Court judges | | Post of vice-president |Fundamental rightsIndependence of judiciaryJudicial reviewImpeachment of the presidentRemoval of Supreme Court and High Court judgesPost of vice-president
Fundamental rights
Independence of judiciary
Judicial review
Impeachment of the president
Removal of Supreme Court and High Court judges
Post of vice-president
8Germany (Weimar)Suspension of Fundamental Rights during emergency
9South Africa| Procedure for amendment in the Indian Constitution | | --- | | Election of members of Rajya Sabha |Procedure for amendment in the Indian ConstitutionElection of members of Rajya Sabha
Procedure for amendment in the Indian Constitution
Election of members of Rajya Sabha
10France| Republic | | --- | | Ideals of liberty, equality and fraternity in the Preamble |RepublicIdeals of liberty, equality and fraternity in the Preamble
Republic
Ideals of liberty, equality and fraternity in the Preamble

Question 555

BPSC AEDO 2023• Full Test

Untouchability is abolished by which Article of the Indian Constitution?

  1. AOption (a)

    Article 14

  2. BOption (b)

    Article 15

  3. COption (c)

    Article 17

  4. DOption (d)

    Article 22

View answer & explanation

Correct answer

Answer: (c)C.

Article 17

Why this answer is correct

The correct answer is ​Article 17.

Key Points

  • Abolition of Untouchability is abolished and its practice in any form is forbidden.
  • The enforcement of any disability arising out of untouchability shall be an offence punishable in accordance with the law.
  • In order to end the caste system, the practice of untouchability, discrimination, and other types of practices that is prevalent in our society for centuries, Article 17 was given space in the Indian constitution.
  • Article 17 is the only Absolute Article of all the rights articles written in the Constitution. That is, it is illegal to practice untouchability in any form.
  • There is no definition of untouchability in the Indian Constitution and not in any act passed by the Parliament.
  • But the Mysore High Court has clarified its meaning in one of its decisions. The court said that the subject matter of Article 17 is not untouchable in its literal or grammatical sense but the ‘practice as it had developed historically in the country. It refers to the social disabilities imposed on certain classes of persons because of their birth in certain cases. Hence, it does not cover the social boycott of a few individuals or their exclusion from religious services, etc.
  • Due to the many verdict and instructions given by the court, some works will be treated as the observance of untouchability, for which a provision of punishment has also been made.
  • As per Section 8 in The Representation of the People Act, 1951, a person convicted of the offence of untouchability is disqualified for election to the parliament or state legislature.

Question 556

BPSC AEDO 2023• Full Test

The authority to determine the number of Judges in a High Court rests with which of the following entities?

  1. AOption (a)

    The President

  2. BOption (b)

    The Chief Minister of the State

  3. COption (c)

    The Prime Minister

  4. DOption (d)

    The Parliament 

View answer & explanation

Correct answer

Answer: (a)A.

The President

Why this answer is correct

The correct answer is The President.

Key Points

  • The President of India has the power to determine the number of judges in a high court.
  • As per Article 216 of the Indian Constitution, every High Court shall consist of a Chief Justice and such other judges as the President may from time to time deem it necessary to appoint.
  • Through the Ninety-ninth Amendment of the Constitution of India, Articles 124A, 124B, and 124C were added, which gave Parliament the power to make laws in regard to the appointment of judges.
  • But Supreme Court struck down the 99th Constitutional Amendment Act.

Question 557

BPSC AEDO 2023• Full Test

The Fifth Schedule deals with the governance and protection of the interests of which specific group of people?

  1. AOption (a)

    Scheduled Castes

  2. BOption (b)

    Religious Minorities

  3. COption (c)

    Scheduled Tribes

  4. DOption (d)

    Linguistic Minorities

View answer & explanation

Correct answer

Answer: (c)C.

Scheduled Tribes

Why this answer is correct

The correct answer is Scheduled Tribes.

Key Points

  • The Fifth Schedule of the constitution deals with the administration and control of Scheduled areas as well as Scheduled Tribes residing in any state other than the state of Assam, Meghalaya, Tripura and Mizoram.
  • In the Article, 244(1) of the constitution, expression Scheduled areas means such areas as the President may by order declare to be Scheduled Areas.
  • The President may at any time by order direct that the whole or any specified part of a Scheduled Area, shall cease to be a Scheduled Area or a part of such an area; increase the area of any Scheduled Area in a state after consultation with the Governor of the State; alter, but only by way of rectification of boundaries, any Scheduled Area; on any alteration of the boundaries of a state on the admission into the Union or the establishment of a new State, declare any territory not previously included in any state to be, or to form part of, a Scheduled Area; rescind, in relation to any State of States, any order or orders made under these provisions and in Consultation with the Governor of the State concerned, make fresh orders redefining the areas which are to be Scheduled Areas.

Question 558

BPSC AEDO 2023• Full Test

In which case(s) did the Supreme Court of India give for the first time the doctrine of ‘basic structure’ of the Constitution?

  1. AOption (a)

    Golaknath vs. State of Punjab

  2. BOption (b)

    Kesavananda Bharati vs. State of Kerala

  3. COption (c)

    Minerva Mills vs. Union of India

  4. DOption (d)

    Both (1) and (2)

View answer & explanation

Correct answer

Answer: (b)B.

Kesavananda Bharati vs. State of Kerala

Why this answer is correct

The correct answer is Kesavananda Bharati vs. State of Kerala.

Key Points

  • In the Kesavanand Bharti vs State of Kerala Case of 1973 the Supreme Court of India enunciated the doctrine of "Basic Structure of the Constitution".
  • This case is also known as "The Fundamental Rights Case".
  • Kesavanand challenged the State of Kerala for the right to manage religiously owned property without any government interference.
  • Later, Justice Hans Raj Khanna concluded that the Parliament has the authority to amend any clause of the Constitution as long as it does not violate the Basic Structure of the Constitution.

Additional Information

  • A bench of 13 judges was set up in the Kesavanand Bharti Case, which is the highest ever bench at the Supreme Court of India.
  • Kesavanand died on 6th September 2020.

CONCLUSION:

The Supreme Court of India enunciated the doctrine of the Basic Structure of the Constitution in the Kesavanand Bharti case.

Important Points

Golaknath v. State of Punjab- Supreme Court ruled that parliament can not pass any amendments which take away Fundamental Rights in the Constitution - The case held in 1967.
Minerva Mills Ltd. and Ors. v. Union of India- Case which evolved the basic structure doctrine of the Constitution of India. - The court ruled that judicial review is a basic structure of the constitution, it could not be taken away by the parliament by amending the constitution.
A.K. Gopalan vs The State of Madras- Landmark cases on preventive detention. - Considered as the first major Article 21 case.

Question 559

BPSC AEDO 2023• Full Test

Match the following political parties listed in List–I with their years of establishment in List–II :

List I (Political Parties)List II (Years of Establishment)
(a)Communist Party of India (Marxist)11964
(b)Communist Party of India21998
(c)Bahujan Samaj Party31925
(d)All India Trinamool Congress (AITC)41984

Select the correct answer using the codes given below.

  1. AOption (a)

    a - 1, b - 3, c - 4, d - 2

  2. BOption (b)

    a - 2, b - 1, c - 4, d - 3

  3. COption (c)

    a - 2, b - 1, c - 3, d - 4

  4. DOption (d)

    a - 3, b - 4, c - 1, d - 2

View answer & explanation

Correct answer

Answer: (a)A.

a - 1, b - 3, c - 4, d - 2

Why this answer is correct

The correct answer is a - 1, b - 3, c - 4, d - 2.

Key Points 

List I (Political Parties)List II (Years of Establishment)
a)Communist Party of India (Marxist)11964
b)Communist Party of India21925
c)Bahujan Samaj Party31984
d)All India Trinamool Congress (AITC)41998

Communist Party of India (Marxist)

  • The Communist Party of India (Marxist), often abbreviated as CPI(M), is a major communist political party in India. It is one of the two largest communist parties in the country, with the other being the Communist Party of India (CPI).
  • The party was founded in 1964, following a split in the Communist Party of India (CPI). The split was primarily over differences in strategy and ideology.
  • The party has had several prominent leaders, including Jyoti Basu, Harkishan Singh Surjeet, and Prakash Karat. At the state level, it has been in power in several Indian states, most notably in West Bengal and Kerala.
  • The CPI(M) advocates for pro-poor and pro-worker policies. It has been involved in various social and economic movements, including land reform and labour rights campaigns.

Communist Party of India:

  • The Communist Party of India (CPI) is a prominent political party in India. It was founded on December 26, 1925.
  • The CPI was founded in Kanpur, India, under the leadership of B.T. Ranadive, S.A. Dange, and others. It was initially influenced by the Soviet Union and the principles of Marxism-Leninism.
  • The CPI advocates for the establishment of a classless society through a socialist revolution.
  • In 1964, the CPI split into two factions, with one group forming the Communist Party of India (Marxist), or CPI(M). The split was primarily over differences in their approach to political strategy and international alliances.

Bahujan Samaj Party:

  • The Bahujan Samaj Party (BSP) is a prominent political party in India, primarily active in the northern state of Uttar Pradesh.
  • The party was founded by Kanshi Ram in 1984 and is currently led by Mayawati, who has served multiple terms as the Chief Minister of Uttar Pradesh.
  • The BSP primarily represents the interests of the Bahujan Samaj, which includes Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC) in India.
  • The BSP's political ideology is rooted in the principles of social justice, equality, and empowerment of marginalized and oppressed communities.

All India Trinamool Congress (AITC):

  • The All-India Trinamool Congress (AITC), often abbreviated as TMC, is a political party in India. It was founded on January 1, 1998, by Mamata Banerjee, who is a prominent Indian politician.
  • The party is primarily active in the state of West Bengal and has a significant presence there.
  • AITC's political ideology is cantered around regionalism, secularism, and a focus on the development and welfare of the people of West Bengal.
  • Mamata Banerjee, the party's leader, has served as the Chief Minister of West Bengal and played a crucial role in the state's politics.
  • The party has been successful in winning elections at both the state and national levels. In the 2021 West Bengal Assembly elections, the AITC secured a decisive victory, retaining power in the state.

Question 560

BPSC AEDO 2023• Full Test

Under which Article(s), the Speaker can allow any member of the House to speak in his/her mother tongue? 

  1. AOption (a)

    Article 110 (1)

  2. BOption (b)

    Article 122 (2)

  3. COption (c)

    Article 120 (1)

  4. DOption (d)

    Both (1) and (2) 

View answer & explanation

Correct answer

Answer: (c)C.

Article 120 (1)

Why this answer is correct

The correct answer is Article 120 (1).

Key PointsArticle 120, Constitution of India, 1950:

  • (1) Notwithstanding anything in Part XVII, but subject to the provisions of Article 348, business in Parliament shall be transacted in Hindi or in English.
  • Provided that the Chairman of the Council of States, Speaker of the House of the People, or person acting as such, as the case may be, may permit any member who cannot adequately express himself in Hindi or in English to address the House in his mother tongue.
  • (2) Unless Parliament by law otherwise provides, this article shall, after the expiration of a period of fifteen years from the commencement of this Constitution, have effect as if the words “or in English” were omitted therefrom.

Additional Information 

Article 99, Draft Constitution 1948

  • (1) In Parliament, business shall be transacted in Hindi or English.
  • Provided that the Chairman of the Council of States or the Speaker of the House of the People, as the case may be, may permit any member who cannot adequately express himself in either language to address the House in his mother tongue.
  • (2) The Chairman of the Council of States or the Speaker of the House of the People may, whenever he thinks fit, make arrangements for making available in the Council of States or the House of the People, as the case may be, a summary in Hindi or English of the speech delivered by a member in any other language, and such summary shall be included in the record of the proceedings of the House in which the speech has been delivered.