Indian Polity - 4

Correct answer is (1). 
Fundamental rights primarily protect individuals from any arbitrary state actions. The fundamental rights were included in the constitution because they were considered essential for the development of the personality of every individual and to preserve human dignity. 

Correct option is (3).

Secularism in the Indian Constitution means the state does not discriminate against any citizen on the basis of religion. It treats all religions equally and maintains neutrality. It does NOT mean opposition to religion (that would be atheism), banning religious parties, or prohibiting conversion. The state may regulate secular activities associated with religion but cannot promote any particular faith.

In India's parliamentary system, the Council of Ministers is collectively responsible to the Lok Sabha (lower house). They must retain the confidence of the Lok Sabha majority to remain in office. The Ministry is not responsible to the Rajya Sabha, both Houses jointly, or the President (Head of State). If the Lok Sabha rejects a government decision, the Ministry must resign.

Correct answer is (3). 

The Constituent Assembly of India was elected to write the constitution of India and after independence, served as the nation's first parliament. The Union Constitution Committee, formed by the Constituent Assembly, was headed by Jawaharlal Nehru. Jawaharlal Nehru became a leader of the left wing of the Congress when fairly young. 

Statement 1: It is correct. There are 8 types of Urban Governments. They are municipal corporation, municipality, notified area committee, town area committee, cantonment board, township, port trust and special purpose agencies. They function as autonomous bodies and deal with the functions allotted to them independently of the local urban governments (i.e. municipal corporations, municipalities, etc.). Thus they are not subordinate agencies of the local municipal bodies.

Statement 1: It is correct. The act does not apply to schedule areas of 9 states (Himachal Pradesh, Rajasthan, Gujarat, Maharashtra, Andhra Pradesh, Orissa, Jharkhand, Madhya Pradesh and Chattisgarh) and tribal areas in the 4 states (Assam, Meghalaya, Mizoram and Tripura).
Statement 2: It is incorrect. Parliament can extend the provisions of 73^rd Amendment Act to only the scheduled areas subjected to such exceptions and modifications as it may specify. Under this provision, the parliament has enacted provisions of panchayat, i.e. extension to schedule areas act, 1996 (PESA).

The Governor holds office during the pleasure of the President and can be removed by presidential order without any parliamentary resolution. In contrast, Supreme Court and High Court judges, as well as the Chief Election Commissioner, can only be removed through a formal impeachment process requiring Parliament's resolution and proven misbehavior or incapacity. This demonstrates the Governor's unique constitutional position.

The Speaker of the Legislative Assembly of a state submits his resignation to the Deputy Speaker of the Legislative Assembly of that state.

Correct answer is (3). 

One of the powers of the Supreme Court and the High Courts is that of judicial review.

Article 79 of the Indian Constitution defines Parliament as consisting of the President, the Rajya Sabha, and the Lok Sabha. While the President is not a member of either House, they are an integral constituent of Parliament. The President summons and prorogues sessions, can address both Houses, and must give assent to bills before they become law. Options C and D incorrectly include the Cabinet or Council of Ministers, which are part of the executive, not legislature.

Option 3 is the correct answer.

No doubt, Lord Rippon is known as the “father of local self government”, but it was Lord Mayo's Resolution (for decentralisation of power to bring about administrative efficiency in meeting people's demand and to add to the finances of colonial regime) that gave the needed impetus to the development of local institutions. It was a landmark in the evolution of colonial policy towards local government.

Correct answer is (4). 
The 73rd Amendment 1992 added a new Part IX to the constitution titled “The Panchayats” covering provisions from Article 243 to 243(O); and a new Eleventh Schedule covering 29 subjects within the functions of the Panchayats. 

The Fundamental Duties of citizens were added to the Constitution by the 42nd Amendment in 1976, upon the recommendations of the Swaran Singh Committee that was constituted by the government earlier that year. Originally ten in number, the Fundamental Duties were increased to eleven by the 86th Amendment in 2002, which added a duty on every parent or guardian to ensure that their child or ward was provided opportunities for education between the ages of six and fourteen years. 

  Option (1) is the correct answer.

Concept based question.
Here a student needs to understand the difference between Union of India and Territory of India. While the former includes only the states that share federal powers with the centre, the latter includes the entire territory over which the sovereignty of the country is expressed.

Under Article 3 of the Indian constitution, the Parliament can alter the boundaries of any state or change its name. For this process, the Parliament does not require consent of the state.
Besides, Articles 2, 3 and 4 of Part I of the Indian constitution deal with the relation between the Union and its territory. This relation is very flexible and biased towards the Union.

Acquiring property in India is not a condition for becoming a citizen of India.

Statement 1 is wrong: State Legislature has no role in amendment of the fundamental provisions of the constitution. Any amendment to the Constitution of India can only be made by the Parliament, i.e. the Lok Sabha and the Rajya Sabha.

As per the Indian constitution, the strength of the Legislative Assembly of a state should be between 60 and 500, but the President has the power to alter this number as the number also depends upon the size of the population of the state.
In India, Sikkim (32), Goa (40) and Mizoram (40) are the states that have less than 60 members in their Legislative Assemblies.

Parliamentary democracy is criticized for being rigid - it cannot easily adapt to new circumstances because constitutional amendments require special majorities. The other options describe ADVANTAGES: ministers get experience, the head of state is impartial (President), and executive-legislature cooperation enables efficient governance. Option A is the correct demerit.

The 42^nd Amendment changed the description of India from a "sovereign democratic republic" to a "sovereign, socialist, secular and democratic republic" and also changed the words "unity of the nation" to "unity and integrity of the nation".

Statement 1 is correct: Although the Constituent Assembly was not directly elected by the people of India on the basis of adult franchise, the Assembly comprised representatives of all the sections of Indian society.
Statement 2 is wrong: The Assembly included all important personalities of contemporary India, with the exception of Mahatma Gandhi and M A Jinnah.

Statement 1 is wrong: The Constitution of India was adopted by the people of India on 26^th November, 1949 and it came into effect on 26^th January, 1950.
Statement 2 is correct: The Constitution of India proclaimed India to be a sovereign, democratic republic. Hence, India ceased to be a dominion of the British crown from the day the Constitution came into effect.

The rights under Part III of the Indian Constitution are called fundamental because of two reasons:

Shankari Prasad vs Union of India case (1952) and Sajjan Singh vs State of Rajasthan (1965) ruling, the Supreme Court explicitly gave the Parliament the power to amend the Constitution. Hence, both these cases should be there in the correct option.

Statement 1 is correct: Article 44 of the Indian Constitution provides for Uniform Civil Code, which means that all sections of the society shall be treated equally.
Statement 2 is correct: The Supreme Court, in Sarla Mudgal Case, held that conversion to Islam, by itself, would not dissolve a Hindu marriage registered under the Hindu Marriage Act, 1955.