Question 6. “Protect and improve the natural environment including forests, lakes, rivers and wildlife” is a :

[1] Fundamental Right

[2] Directive Principle of State Policy

[3] Fundamental Duty

[4] Both 2 and 3

Answer: Option 3 (Fundamental Duty)

Detailed Solution: 

If you have done this question wrong, it means that you are not a serious aspirant. because, you must know A to Z Fundamental Rights (Article 12-35) and Directive Principles of State Policy (36-51) and just be elimination you might have got the answer.

Articled 12-35: Fundamental Rights

Article 36-51: Directive Principle of State Policy

Article 51A: Fundamental Duties 

Purpose: It is to remind Indian Citizens of their duty towards their society along with enjoying Fundamental Rights.

Fundamental Rights and Fundamental Duties go Hand in hand-M K Gandhiji

42nd Amendment Act of 1976 added 10 Fundamental Duties to our Constitution on the recommendation of Swaran Singh Committee. 11th Fundamental Duty was added by 86th Amendment Act 2002.

Here is the list of Fundamental Duties which you must be thorough and learn today itself.

The list of 11 Fundamental Duties under article 51A as follows:

Question 5.Upto 10% reservation for EWS (Economically Weaker Section) in Government Job and educational Institutions was provided by which article of Constitution?

[1] Article 15

[2] Article 16

[3] None of the above

[4] Both 1 and 2

Answer: Option 4 (Both 1 and 2)

Detailed Solution: 

Upto 10% reservation for EWS (Economically Weaker Section) in Government Job and educational Institutions was provided by ammending article 15 as well as Article 16.

Always remember that,

Article 16 deals with= Public employment and promotion for SC/ST in govt jobs

Article 15 deals with= All other Special Provisions other than mentioned in article 16

While giving upto 10% reservation to EWS, section 15(6) and 16(6) were added in Indian Constitution.

15(6) exact text:

1. Article 15(6): Nothing in this article or sub-clause (g) of clause (1) of Article 19 or clause (2) of Article 29 shall prevent State from making:

(a) any special provision for the advancement of any economically weaker sections of citizens other than the classes mentioned in clauses (4) and (5); and

(b) any special provision for the advancement of any economically weaker sections of citizens

16(6) exact text:

2. Article 16(6): Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any economically weaker sections of citizens other than the classes mentioned in clause (4), in addition to the existing reservation and subject to a maximum of ten per cent of the posts in each category.

Hopefully all doubts are crystal clear!

Homework: Always read articles of Indian Constitution from bare act for 100% clarity. Shortcut doesn’t work in exams conducted by UPSC

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Question 4. Which of the following can be a reason for imposition of Presidential Rule in States?

[1] Article 356

[2] Article 365

[3] None of the above

[4] Both 1 and 2

Answer: Option 4 (Both 1 and 2)

Detailed Solution: 

First of all you must remember that term like “STATE EMERGENCY” does not exist. Always call it Presidential rule, and not state emergency or governor rule.

Only 1 Ground for imposition of Presidential Rule: Failure of Constitutional Machinery (Which can happen via Various articles!)

Now lets see what exactly is given in article 356 and Article 365

Article 356: Under Article 356 of the Constitution of India, if a state government is unable to function according to Constitutional provisions, the Union government can take direct control of the state machinery and hence presidential rule is in action. (This everyone knows!, now lets see article 365)

Article 365: If state government fails to comply with the direction given by Centre, it can be deemed as state government not carried as per provisions of constitution and it can be a reason for implementation of Presidential rule (Imp)

So, article 365 can also be a reason to implement Presidential Rule in states

Homework: Always read articles of Indian Constitution from bare act for 100% clarity. Shortcut doesn’t work in exams conducted by UPSC.

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Question 3. According to Kesavnanda Bharati Case 1973, term “Law” in article 13:

[1] Includes Constitutional Ammendment Act

[2] Depends on case to case

[3] Does not include Constitutional Ammendment Act

[4] Article 13 is no longer valid

Solution: Option [3]

Detailed Solution: 

(Very Very imp concept. So, pay 100% attention!)

Article 13 says that: Laws inconsistent with or in derogation of the fundamental rights. 

It means, that those laws which are violative of fundamental rights (Article 12-35) shall be deemed to be inconsistent (Null and void)

But the question arose that whether the term “Law” should include the constitutional amendment act or not (If you understood this sentence, you will understand the question)

Indirectly it was a tussle between the Judiciary and the Legislature.

So, there were various SC Judges to give clarification over this issue. In earlier SC Judgements(like Golaknath Case 1967), SC Took a stand that the term “Law” includes the constitutional amendment act and CAA can also be declared null and void if it violates fundamental rights. 

But in landmark SC Judgement, that is, Kesavnanda Bharti Case 1973, SC took a stand that the term “Law” in Article 13 does not includes the constitutional amendment act and Parliament can ammend any part of Constitution including Fundamental rights via Constitutional Ammendment Act.

Only limitation on Parliament is to not alter the BASIC STRUCTURE OF THE INDIAN CONSTITUTION. 

• Four cases are important to understand this genesis of ‘Basic structure’ doctrine- Shankari Prasad (1951), Golak Nath (1967), Keshavananda Bharati (1973) and Minerva mills (1980)

(Read this solution again if you have not understood. But this concept needs to be crystal clear in your mind)

Homework: Read “Basic Structure” of the Indian Constitution as provided by SC of India

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Question 2. Which of these is not a function of the constitution?

[1] It gives a guarantee of the rights of the citizen.

[2] It marks out different spheres of power for different branches of government.

[3] It ensures that good people come to power via constitutional means.

[4] It ensures freedom of expression with commonly shared values.

Correct Answer: 3

Detailed Solution:

1st of all don’t be in too much hurry to solve the question. In exam like conditions, we forget to notice words like ‘not’ and mark correct option in excitement

Statement 1: It gives a guarantee of the rights of the citizen= via Fundamental Rights Article 12-36

Statement 2: It marks out different spheres of power for different branches of government=concept of Separation of Power so that each branch can keep checks and balances on other. So, that no one exceeds its jurisdiction and all work within limits prescribed by the constitution

Statement 3: It ensures that good people come to power via constitutional means= How is it possible to differentiate between good and bad? So, this is wrong one!

Statement 4:It ensures freedom of expression with commonly shared values= It finds its presence in Article 19(1)(a), Preamble (liberty of thought, expression)

Functions of Constitution:

• It maintains law and order in the society
• It helps in effective governing of the state.
• It protects us from ourselves
• It deals with fundamental rights of citizens.
• It expresses the aspiration of the people about creating a good society.

(It is fundamental law of the land)

Homework: 11th NCERT (Indian Constitution at Work) is the home to all conceptual questions of Indian Polity

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Question 1: What was the Constitutional status of India when the Constitution of India came into force on 26th January, 1950?

[1] A Secular Republic
[2] A Socialist Secular Democratic Republic
[3] A Sovereign Democratic Republic
[4] A Sovereign Socialist Secular Democratic Republic

Correct Answer: 3

Detailed Solution:

1st of all, our Constitution had basic elements of all the 5 terms via various articles of Indian constitution (Fundamental Rights and DPSP). But we are expected to select the best answer among the 4 options.

Indian constitution came into complete force on 26th January 1950. But we are aware that terms “Socialist”, “Secular”, and “Integrity” were added in the Preamble of the Indian Constitution through 42th Constitutioinal Ammendment Act 1976.

How to Solve above Question by elimination Technique?

Tip 1: Even a person with basic knowledge knows that India is a democratic country and it is its core value. So, option 1 is eliminated

Tip 2: Similarly India is a independent country and can take its internal as well as external decisions independently. So, we are sovereign for sure. So, option 2 also eliminated.

Tip 3: Now, using the logic mentioned in explanation above, we can say that option 3 is correct

(Basic Rule: Even if you are able to eliminate 2 options, you have to attempt it. In such case, Probability of getting the question right is high!)

Homework: Read preamble in detail. And your answer of this question lies at the end of preamble where amendments are mentioned!

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