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ANSWERS & EXPLANATIONS
G.S. PRE. (2025) MINI TEST – 5496

Q 1.B
• Cases related to dispute/conflict between Fundamental Right and Directive Principles of State Policy
(DPSPs) -:
o Champakam Dorairajan Case, 1951 - In this case, Supreme Court ruled that in case of any conflict
between FRs and DPSPs, FRs would prevail. It declared that DPSPs have to conform to and run as
subsidiaries to the fundamental right. However, it also held that FRs could be amended by the
Parliament through constitutional amendment acts. This led to the First, Fourth, and Seventeenth
Amendment Act to implement some of the DPSPs.
o Golak Nath case, 1967 - In this case, Supreme Court held that Parliament can’t take away or abridge
any of the Fundamental Rights, which are ‘sacrosanct’ in nature. Hence, the court held that
Fundamental Rights can’t be amended for the implementation of DPSPs. This led to the enactment of
the 24th Amendment Act and the 25 amendment Act which inserted a new Article 31C.
o Kesavanand Bharti case, 1973 - In this case, Supreme Court declared the second provision of Article
31C as unconstitutional and invalid on the ground that judicial review is a basic feature of the
Constitution. This led to the enactment of the 42nd Amendment Act which gave legal primacy and
supremacy to the DPSPs over FRs conferred by Articles 14, 19, and 21.
o Minerva Mills case, 1980 - In this case, Supreme Court held the primacy of DPSPs over FRs as
unconstitutional and invalid. It led to the subordination of DPSPs over FRs. However, FRs conferred
by Articles 14 and 19 were accepted as subordinate to the DPSPs specified under Article 39(b) and
(c).
• The present position is that the FRs enjoy supremacy over DPSPs. However, Parliament can amend the
FRs for implementing the DPSP, so long as the amendment doesn’t destroy of the basic feature of the
constitution.
• Maneka Gandhi case, 1978 - It deals with rights guaranteed under Article 21 of the Constitution. Prior to
this, there was ‘procedure prescribed by law ‘ which was replaced by ‘due process of law’ with respect to
article 21 of the Constitution.
• IR Coelho case in 2007—popularly known as the Ninth Schedule case—the Supreme Court took this
further and argued that if the purpose of inserting a law into the Ninth Schedule was to undo a judgment
of the Supreme Court, this could be examined by the courts. Also, the Supreme Court held that the laws
placed under IX schedule after Kesavananda Bharati's judgment (24th April 1973 ) cannot be exempt
from Judicial review.

Q 2.C
• The Constitution does not contain any classification of Directive Principles. However, on the basis of their
content and direction, they can be classified into three broad categories, that is socialistic, Gandhian and
liberal-intellectual.
• Few liberal intellectual principles that represent the ideology of the liberalism are as follows:
o Article 45 require the state to provide early childhood care and education for all children until
they complete the age of six years. Hence statement 1 is not correct.
o Article 50 requires the state to separate the judiciary from the executive in the public services of the
State. Hence statement 2 is not correct.
o Article 51 requires the state to promote international peace and security and maintain just and
honourable relations between nations; to foster respect for international law and treaty obligations,
and to encourage settlement of international disputes by arbitration. Hence statement 3 is
correct.
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Q 3.B
• As per Article 18 of the Indian Constitution, no title, not being a military or academic distinction, shall be
conferred by the State. No citizen of India shall accept any title from any foreign State. Thus Article 18(1)
abolishes all titles. It prohibits the State to confer titles on anybody whether a citizen or a non-
citizen. Military and academic distinctions are, however, exempted from the prohibition. Hence
statement 1 is not correct.
• No person who is not a citizen of India shall, while he holds any office of profit or trust under the State,
accept without the consent of the President any title from any foreign State. Hence statement 2 is
correct.
• No person holding any office of profit or trust under the State shall, without the consent of the President,
accept any present, emolument, or office of any kind from or under any foreign State. Therefore, the
Article places an obligation on both the State and the citizen: the former to not recognize or confer a title
and the later, to not accept one.
• It is also to be noted that there is absolutely no penalty for infringement of the above prohibition of titles.
Article 18 is merely directory. However, it is on to the Parliament to make laws for dealing with such
persons who accept a title in violation of the prohibition prescribed in Article 18. No such law has been
passed by the Parliament so far.

Q 4.B
• Statement 1 is not correct as it is a part of the Socialist principles but not Gandhian principles.
• Statement 2 is not correct as it is also a part of Socialist principles.
• Statement 3 is correct as Gandhiji had always advocated the self-governance model through village
Panchayats.

Q 5.A
• Article 13 declares that all laws that are inconsistent with or in derogation of any of the
fundamental rights shall be void. It provides for the “doctrine of judicial review”. Supreme Court
(according to Article 32) and the high courts (according to Article 226) can declare a law unconstitutional
and invalid on the ground of contravention of any of the Fundamental Rights.
• It gives the Supreme Court and High court the authority to interpret the pre-constitutional and existing
laws. Hence, statement 1 is correct.
• Article 13 declares that a constitutional amendment is not a law and hence cannot be challenged (24th
amendment act). However, the Supreme Court held in the Kesavananda Bharati case (1973) that a
Constitutional amendment can be challenged on the ground that it violates a fundamental right that
forms a part of the ‘basic structure’ of the Constitution and hence, can be declared as void. Hence,
statement 2 is not correct.
Q 6.A
• The Fundamental Duties were added through the 42nd Constitutional Amendment under Part IVA of the
Indian Constitution. They are considered significant from the following viewpoints -:
o They serve as a reminder to the citizens that while enjoying their rights, they should also be conscious
of duties they owe to their country, their society and to their fellow citizens.
o They serve as a warning against the anti-national and anti-social activities like burning the
national flag, destroying public property and so on. Hence statement 1 is correct.
o They serve as a source of inspiration for the citizens and promote a sense of discipline and
commitment among them. They create a feeling that the citizens are not mere spectators but active
participants in the realisation of national goals.
o They help the courts in examining and determining the constitutional validity of a law. In 1992,
the Supreme Court ruled that in determining the constitutionality of any law, if a court finds that the
law in question seeks to give effect to a fundamental duty, it may consider such law to be ‘reasonable’
in relation to Article 14 (equality before law) or Article 19 (six freedoms) and thus save such law
from unconstitutionality. Hence statement 2 is correct.
o They are enforceable by law. Hence, the Parliament can provide for the imposition of appropriate
penalty or punishment for failure to fulfil any of them. The importance of fundamental duties is that
they define the moral obligations of all citizens to help in the promotion of the spirit of patriotism and
to uphold the unity of India.
• The Fundamental Rights are prevent the establishment of an authoritarian and despotic rule in the
country, and protect the liberties and freedoms of the people against the invasion of the State. They
operate as limitations on the tyranny of the executive and arbitrary laws of the legislature.

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Q 7.D
• Article 39 (b) provides for the equitable distribution of material resources of the community for the
common good and Article 39 (c) provides for the prevention of concentration of wealth and means
of production.
• Article 39 (b) says that the State shall, in particular, direct its policy towards securing: that the ownership
and control of the material resources of the community are so distributed as best to subserve the common
good.
• Article 39 (c) says that the State shall, in particular, direct its policy towards securing: that the operation
of the economic system does not result in the concentration of wealth and means of production to the
common detriment.
• In the Golaknath Case (1967), the Supreme court had pronounced that the parliament cannot amend the
Fundamental Rights to give effect to the Directive Principles of State Policy. The parliament responded
again by bringing the 25th Amendment Act of the constitution which inserted Article 31C in Part III.
Article 31 C contained two provisions:
o If a law is made to give effect to DPSPs in Article 39(b) and Article 39(c) and in the process, the
law violates Article 14, Article 19, or Article 31, then the law should not be declared
unconstitutional and void merely on this ground.
o Any such law which contains the declaration that it is to give effect to DPSPs in Article 39(b) &
Article(c) shall not be questioned in a court of law.
• Later parliament brought the 42nd Amendment Act in 1976, which extended the scope of the above first
provision of Article 31C by including within its purview any law to implement any of the DPSPs
specified in Part IV of the constitutional and not merely Article 39(b) or (c). However, this extension was
declared unconstitutional and void by the SC in the Minerva Mills Case(1980).
• These two Directive Principles (under Article 39 (b) and Article 39 (c)) thus have been given precedence
over Fundamental Right 14 (Right to Equality) and Fundamental Right 19 (Freedom of Speech and
Expression). Hence option (d) is the correct answer.

Q 8.A
• The Constitution under Article 123 empowers President to issue ordinances during recess of the
parliament to deal with unforeseen or urgent methods. these ordinances have the same effect and force as
an act of Parliament.
• Statement 1 is correct: The President can issue an ordinance like any other ordinary act to repeal or
modify any act of parliament or another ordinance. However, every ordinance issued by the President
must be laid before both houses of Parliament. If the ordinance is approved by both houses it becomes an
act.
• Statement 2 is correct: The president can promulgate ordinance retrospective, that is, it may come into
force from a backdate. It can alter or amend a tax law also but it cannot be issued to amend the
constitution.
• Statement 3 is not correct: During a National Emergency, the parliament becomes empowered to make
laws on any subject mentioned in the state list. While the proclamation of national emergency is in
operation, the President can issue ordinances on state subjects also, if parliament is not in session.

Q 9.C
• Statement 1 is correct: Directive Principles of State Policy (DPSP) embody the concept of a ‘welfare
state’. According to Article 37 of the Indian Constitution, DPSPs are fundamental in the governance of the
country and it shall be the duty of the State to apply these principles in making laws. DPSP are non-
justiciable in nature i.e. they are not legally enforceable by the courts for their violation.
• Statement 2 is correct: Directive Principles of State Policy resemble the ‘Instrument of Instructions’
enumerated in the Government of India Act of 1935. In the words of Dr B R Ambedkar, ‘the Directive
Principles are like the instrument of instructions, which were issued to the Governor-General and the
Governors of the colonies of India by the British Government under the Government of India Act of 1935.

Q 10.C
• The Directive Principles are non-justiciable in nature, that is, they are not legally enforceable by the courts
for their violation. Therefore, the government (Central, state and local) cannot be compelled to implement
them. Nevertheless, the Constitution (Article 37) itself says that these principles are fundamental in the
governance of the country and it shall be the duty of the State to apply these principles in making laws.

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 • DPSPs are positive obligations to the state. DPSPs were not made justifiable because India did not have
sufficient financial resources. Moreover, its backwardness and diversity were also a hindrance to
implementing these principles at that time. At the time of the drafting of the Constitution, India was a
newly born independent state and was struggling with other issues, and making DPSPs justiciable would
have put India in great difficulty. Hence option (c) is the correct answer.

Q 11.B
• Vice-President, like the president, is elected not directly by the people but by the method of indirect
election. He is elected by the members of an electoral college consisting of the members of both Houses
of Parliament
• Unlike Presidential elections, MLAs do not have a vote in these elections. Dr B R Ambedkar had
explained why during the constituent assembly debates: “The President is the Head of the State and his
powers extend both to the administration by the centre as well as of the state. But when we come to the
Vice-President, his normal functions are merely to preside over the Council of States. It is only on a rare
occasion, and that too for a temporary period, that he may be called upon to assume the duties of a
President”. Hence statement 2 is correct.
• The elections are conducted using the system of single transferable voting that results in (approximately)
proportional representation.
• The voting is done through secret ballot implying that parties cannot issue whips to their MPs and
anti-defection laws do not apply. Hence statement 1 is not correct.

Q 12.B
• Option 1 is correct: DPSP Article 45 says: The State shall endeavour to provide early childhood care and
education for all children until they complete the age of six years.
• Option 2 is correct: Art 21A (part of Fundamental Rights)- The State shall provide free and compulsory
education to all children of the age of six to fourteen years in such manner as the State may, by law,
determine.
• Option 4 is correct: Art. 51A was added by the 86th Constitutional Amendment Act, 2002 as part of
Fundamental Duties and it reads: “who is a parent or guardian to provide opportunities for education to
his child or, as the case may be, ward between the age of six and fourteen years”.
• The preamble has an indirect bearing on education. Hence option 3 is not correct.

Q 13.D
• Qualifications: To be eligible for election as Vice-President, a person should fulfill the following
qualifications:
o He should be a citizen of India.
o He should have completed 35 years of age.
o He should be qualified for election as a member of the Rajya Sabha. Hence, option (a) is correct.
o He should not hold any office of profit under the Union government or any state government or any
local authority or any other public authority.
• The functions of Vice-President are two-fold:
o He acts as the ex-officio Chairman of Rajya Sabha. In this capacity, his powers and functions are
similar to those of the Speaker of Lok Sabha. In this respect, he resembles the American vice-
president who also acts as the Chairman of the Senate–the Upper House of the American legislature..
He acts as President when a vacancy occurs in the office of the President due to his resignation,
impeachment, death or otherwise.
o He can act as President only for a maximum period of six months within which a new President has to
be elected. Further, when the sitting President is unable to discharge his functions due to absence,
illness or any other cause, the Vice-President discharges his functions until the President resumes his
office. Hence, option (b) is correct.
• The Constitution has not fixed any emoluments for the Vice-President in that capacity. He draws his
regular salary in his capacity as the ex-officio Chairman of the Rajya Sabha. In 2018, the Parliament
increased the salary of the Chairman of the Rajya Sabha from ₹1.25 lakh to ₹4 lakh per month. Hence,
option (c) is correct.
• Vice-president comes before prime minister of India in table of precedence. Hence, option (d) is not
correct.

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Q 14.C
• Fundamental Duties are enforceable by law. The Parliament can provide for the imposition of
appropriate punishment for noncompliance with any of the Fundamental Duty. Justice Verma
Committee in 1999 identified legal provisions for the implementation of some of the Fundamental
Duties.
• Fundamental Duties help the court in determining and examining the constitutional validity of a
law. In 1992, Supreme Court observed that in determining constitutionality of any law, if that law gives
effect to any of the fundamental Duty then it would be considered reasonable in relation to Article 14
(equality before law) and Article 19 (Six freedoms) and such law would not be termed
unconstitutional.
• Fundamental Duties are confined to citizens only and not extended to foreigners. However, some of
the Fundamental Rights (except Article 15, Article 16, Article 19, Article 29, Article 30) are also
extended to foreigners.
• To uphold and protect the sovereignty, unity and integrity of India is a fundamental duty.
• Hence option (c) is the correct answer

Q 15.A
• In essence, the Rule of Law is to control the unlimited exercise of the power by the supreme
lawmaking authority of the land while the Rule by Law is laid down by the supreme lawmaking
authority of the land. Hence, statements 1 and 2 are correct.
• Simply, Rule of law is upheld when the laws are guided by the ideals like Justice and Equity. For
example, as per Article 14 of the Indian Constitution, the State shall not deny to any person equality
before the law or the equal protection of the laws within the territory of India and discrimination on
grounds of religion, race, caste, sex, or place of birth is prohibited.
• On the other hand, Rule by law can embody ethical as well as unethical laws. For example, the
apartheid regime in South Africa was justified based on enacted laws. Hence, statement 3 is not correct.

Q 16.B
• The Government enacted the 42nd Constitutional Amendment Act in 1976. This amendment added a new
part, namely, Part IVA to the Constitution. This new part consists of only one Article, that is, Article 51A
which for the first time specified a code of fundamental duties of the citizens.
• The Fundamental Duties in the Indian Constitution are inspired by the Constitution of erstwhile USSR.
Notably, none of the Constitutions of major democratic countries like USA, Canada, France, Germany,
Australia and so on specifically contain a list of duties of citizens. Japanese Constitution is, perhaps, the
only democratic Constitution in the world which contains a list of duties of citizens. The socialist
countries, on the contrary, gave equal importance to the fundamental rights and duties of their citizens.
• In 2002, one more Fundamental Duty was added to the Indian Constitution by the 86th
Constitutional Amendment Act i.e. to provide opportunities for education to his child or ward
between the age of six and fourteen years
• The 44th Constitutional Amendment Act made no changes to Part IV-A of the Indian Constitution.
Hence, option (b) is the correct answer.

Q 17.D
• Fundamental Rights are included in Part-III of the Indian constitution which is also known as the Magna
Carta of the Indian Constitution. FRs are defended and guaranteed by the Supreme Court. Hence, the
aggrieved person can directly go to the Supreme Court, not necessarily by way of appeal against the
judgment of the high courts. Hence, statement 1 is correct.
• All the Fundamental Rights are suspended during National Emergencies except the rights guaranteed
under Articles 20 and 21. The state can impose various restrictions on Fundamental rights. (They are not
absolute but qualified). The grounds for imposing these restrictions vary according to the freedom sought
to be restricted and include national security, public order, decency and morality, contempt of court,
incitement to offenses, and defamation. It can also be restricted during military rule (martial law) in any
particular area. Hence, statement 2 is not correct.
• They are not sacrosanct or permanent. The parliament can curtail or repeal them but only by a
constitutional amendment act and not by an ordinary act. Moreover, this can be done without affecting the
basic structure of the constitution. Hence, statement 3 is not correct.

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Q 18.D
• As per the article 352 (7) a proclamation of emergency may be revoked by the President at any time
by a subsequent proclamation. Such a proclamation does not require parliamentary approval.
• As per the article 352 (8) President must revoke a proclamation if the Lok Sabha passes a resolution
disapproving of its continuation. Again, this safeguard was introduced by the 44th Amendment Act of
1978. Before the amendment, a proclamation could be revoked by the president on his own and the Lok
Sabha had no control in this regard.
• The 44th Amendment Act of 1978 also provided that, where one-tenth of the total number of members of
the Lok Sabha give a written notice to the Speaker (or to the president if the House is not in session), a
special sitting of the House should be held within 14 days for the purpose of considering a resolution
disapproving the continuation of the proclamation. Hence, both statements are not correct.

Q 19.D
• The part IV of the constitution on Directive Principles provides for:
o the goals and objectives that we as a society should adopt.
o certain rights that individuals should enjoy apart from the Fundamental Rights.
o certain policies that the government should adopt.

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Q 20.B
• Article 56 (1) The President shall hold office for a term of five years from the date on which he enters
upon his office:
• Provided that—(a) the President may, by writing under his hand addressed to the Vice-President, resign
his office;(b) the President may, for violation of the Constitution, be removed from office by
impeachment in the manner provided in Article 61(c) the President shall, notwithstanding the expiration
of his term, continue to hold office until his successor enters upon his office.(2) Any resignation
addressed to the Vice-President under clause (a) of the proviso to clause (1) shall forthwith be
communicated by him to the Speaker of the House of the People. Hence statement 2 is correct.
• When the vacancy is going to be caused by the expiration of the term of the sitting President, an election
to fill the vacancy must be held before the expiration of the term. In case of any delay in conducting the
election of new President by any reason, the outgoing President continues to hold office (beyond his term
of five years) until his successor assumes charge.
• This is provided by the Constitution in order to prevent an ‘interregnum’.
• In this situation, the Vice-President does not get the opportunity to act as President or to discharge
the functions of the President. Hence statement 1 is not correct.
• If the office falls vacant by resignation, removal, death or otherwise, then election to fill the vacancy
should be held within six months from the date of the occurrence of such a vacancy. The newly-elected
President remains in office for a full term of five years from the date he assumes charge of his office.
• When a vacancy occurs in the office of the President due to his resignation, removal, death or otherwise,
the Vice-President acts as the President until a new President is elected. Further, when the sitting
President is unable to discharge his functions due to absence, illness or any other cause, the Vice-
President discharges his functions until the President resumes his office.

Q 21.B
• Writs are written orders issued by the Supreme Court or a High Court directing constitutional remedies for
Indian citizens who have had their basic rights violated. Habeas Corpus, Mandamus, Certiorari, Quo
Warranto, and Prohibition are types of writs.
• Habeas Corpus: It is an order which is issued by the court to a person who has detained another person to
produce the body of the latter before it. The court then examines the cause and the legality of the
detention.
• Mandamus: It is a command which is issued by the court to the public official asking him to perform the
official duties that he has failed or refused to perform.
• Certiorari: It is issued on the grounds of the excess of jurisdiction or the lack of jurisdiction or error of
the law.
• Quo-Warranto: It is issued by the court to inquire into the legality of the claim of the person to the
public office. Hence, it prevents an illegal usurpation of the public office by the person.
• Only two pairs are correctly matched. Hence option (b) is the correct answer.

Q 22.B
• RIGHT TO EQUALITY:
o Equality before Law and Equal Protection of Laws
ü Article 14 says that the State shall not deny to any person equality before the law or equal
protection of the laws within the territory of India. This provision confers rights on all persons
whether citizens or foreigners.
ü Moreover, the word ‘person’ includes legal persons, viz, statutory corporations, companies,
registered societies or any other type of legal person.
ü The concept of ‘equality before the law’ (negative concept) is of British origin while the concept
of ‘equal protection of laws’ has been taken from the American Constitution. The first concept
connotes:
§ the absence of any special privileges in favour of any person,
§ the equal subjection of all persons to the ordinary law of the land administered by ordinary
law courts, and
§ no person (whether rich or poor, high or low, official or non-official) is above the law.
ü The second concept, on the other hand, connotes:
§ the equality of treatment under equal circumstances, both in the privileges conferred and
liabilities imposed by the laws,
§ the similar application of the same laws to all persons who are similarly situated, and

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 § the like should be treated alike without any discrimination.
ü Thus, the former is a negative concept while the latter is a positive concept. However, both of
them aim at establishing equality of legal status, opportunity and justice. Hence, statement 1 is
not correct.
ü The Supreme Court held that where equals and unequals are treated differently, Article 14 does
not apply. Hence, statement 2 is correct.
ü While Article 14 forbids class legislation, it permits the reasonable classification of persons,
objects, and transactions by the law. But the classification should not be arbitrary, artificial, or
evasive. Rather, it should be based on an intelligible differential and substantial distinction.

Q 23.D
• In 1976, Sardar Swaran Singh Committee was constituted to make recommendations about
Fundamental Duties. Though the Swaran Singh Committee suggested the incorporation of eight
Fundamental Duties in the Constitution, the 42nd Constitutional Amendment Act (1976) included ten
Fundamental Duties.
• It added a new part, namely, Part IVA to the Constitution. This new part consists of only one Article, that
is, Article 51A which for the first time specified a code of ten fundamental duties of the citizens. The
Fundamental Duties in the Indian Constitution are inspired by the Constitution of erstwhile USSR.
Hence statement 1 is not correct.
• A new Fundamental Duty - to provide opportunities for education to his child or ward between the age of
six and fourteen years. It was added by the 86th Constitutional Amendment Act, 2002. The
Fundamental Duties have been amended only once since their incorporation. Hence statement 3 is
correct.
• Like the Directive Principles, the fundamental duties are also non-justiciable. The Constitution does not
provide for its direct enforcement by the courts. Moreover, there is not legal sanction against their
violation.
• They help the courts in examining and determining the constitutional validity of a law. In 1992, the
Supreme Court ruled that in determining the constitutionality of any law, if a court finds that the law in
question seeks to give effect to a fundamental duty, it may consider such law to be ‘reasonable’ in relation
to Article 14 (equality before law) or Article 19 (six freedoms) and thus save such law from
unconstitutionality.
• They are enforceable by law. Hence, the Parliament can provide for the imposition of appropriate
penalty or punishment for failure to fulfil any of them. Hence statement 2 is correct.

Q 24.B
• The Sardar Swaran Singh Committee was set up in 1976, to make recommendations about
fundamental duties, as the need was felt during the operation of the internal emergency (1975-77). The
Swaran Singh Committee suggested the incorporation of eight Fundamental Duties in the Constitution, the
42nd Constitutional Amendment Act (1976) included ten Fundamental Duties.
• The Verma Committee on Fundamental Duties of the Citizens (1999) was set up to identify the
existence of legal provisions for the implementation of some of the Fundamental Duties. Some of the
observations are mentioned below:
o The Prevention of Insults to National Honour Act (1971) prevents disrespect to the Constitution of
India, the National Flag and the National Anthem.
o The Protection of Civil Rights Act4 (1955) provides for punishments for offences related to caste and
religion.
o The Unlawful Activities (Prevention) Act of 1967 provides for the declaration of a communal
organisation as an unlawful association.
o The Representation of People Act (1951) provides for the disqualification of members of the
Parliament or a state legislature for indulging in corrupt practice, that is, soliciting votes on the ground
of religion or promoting enmity between different sections of people on grounds of caste, race,
language, religion and so on.
o The Wildlife (Protection) Act of 1972 prohibits trade in rare and endangered species.
o The Forest (Conservation) Act of 1980 checks indiscriminate deforestation and diversion of forest
land for non-forest purposes.
• Sarkaria Commission
o In 1983, the Central government appointed a three-member Commission on Centre–state
relations under the chairmanship of R S Sarkaria. The commission was asked to examine and

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 review the working of existing arrangements between the Centre and states in all spheres and
recommend appropriate changes and measures. The final report was submitted in October 1987.
o The Commission did not favour structural changes and regarded the existing constitutional
arrangements and principles relating to the institutions basically sound. It observed that over-
centralisation leads to blood pressure at the centre and anemia at the periphery. The Commission
made 247 recommendations to improve Centre–state relations.
• Hence only options 1 and 2 are correct.

Q 25.B
• The Directive Principles of State Policy are enumerated in Part IV of the Constitution from Articles 36 to
51.
• The framers of the Constitution borrowed this idea from the Irish Constitution of 1937, which had copied
it from the Spanish Constitution. Dr. B.R. Ambedkar described these principles as ‘novel features of the
Indian Constitution. The Directive Principles along with the Fundamental Rights contain the philosophy
of the Constitution and is the soul of the Constitution.
• The Constitution does not contain any classification of Directive Principles. However, on the basis of their
content and direction, they can be classified into three broad categories, viz, socialistic, Gandhian, and
liberal-intellectual.
• Organizing village panchayats and endowing them with the necessary powers and authority to enable
them to function as units of self-government under article 40 is based on the Gandhian idea of swaraj and
democratic decentralization. Hence, option (a) is not correct.
• To protect and improve the environment and to safeguard forests and wildlife under Article 48A is a
liberal intellectual directive principle added through the 42nd amendment to the constitution in 1976. The
decision was influenced by The United Nations Conference on the Human Environment. Hence, option
(b) is the correct answer.
• To provide equal pay for equal work for men and women (Article 39), to promote equal justice, and to
provide free legal aid to the poor (Article 39A) are socialist directive principles. Article 39A too was
added through the 42nd amendment to the constitution. Hence, options (c) and (d) are not correct.

Q 26.C
• Article 359 authorises the President to suspend the right to move any court for the enforcement of
Fundamental Rights during a National Emergency. This means that under Article 359, the
Fundamental Rights as such are not suspended, but only their enforcement. The said rights are
theoretically alive but the right to seek remedy is suspended. The suspension of enforcement relates to
only those Fundamental Rights that are specified in the Presidential Order. Further, the suspension
could be for the period during the operation of emergency or for a shorter period as mentioned in the
order, and the suspension order may extend to the whole or any part of the country. It should be laid
before each House of Parliament for approval. Hence, only option (c) is correct.
• The 44th Amendment Act of 1978 restricted the scope of Article 359 in two ways. Firstly, the
President cannot suspend the right to move the Court for the enforcement of fundamental rights
guaranteed by Articles 20 to 21. Secondly, only those laws which are related with the emergency are
protected from being challenged and not other laws and the executive action taken only under such a law,
is protected.
• Article 359 operates in case of both when National Emergency is declared on grounds of war or external
aggression as well as on the ground of armed rebellion.
• Article 359 may extend to the entire country or a part of it.

Q 27.D
• The Fundamental Rights are guaranteed by the Constitution to all persons without any discrimination.
They uphold the equality of all individuals, the dignity of the individual, the larger public interest, and the
unity of the nation.
• The Fundamental Rights are meant for promoting the ideal of political democracy. They prevent the
establishment of an authoritarian and despotic rule in the country and protect the liberties and freedoms of
the people against invasion by the State.
• The fundamental rights are significant for the following reasons:
o They constitute the bedrock of the democratic system in the country through establishing a political
democracy in India.

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 o They serve as a formidable bulwark of individual liberty and facilitate the establishment of rule of law
in the country. They are also explicitly protected under article 32. Hence, statement 1 is correct.
o They protect the interests of minorities and weaker sections of society.
o They strengthen the secular fabric of the Indian State (Articles 14, 15, 16, 25-28). Hence, statement 2
is correct.
o They check the absoluteness of the authority of the government.
o They lay down the foundation stone of social equality and social justice.
o They ensure the dignity and respect of individuals.
o They facilitate the participation of people in the political and administrative process ( Article 19
(freedom of speech and expression), Article 32 (right to constitutional remedies)). Hence, statement
3 is correct.
o Though various provisions, it complements the welfare state nature of the Indian state, it is
significantly a political provision. The Directive Principles of State Policies are the provisions that
embody the concept of the welfare state through various welfare measure directions given to the state.
Through these directions, they seek a social and economic democracy in India. Hence, statement 4 is
not correct.

Q 28.D
• A state of National emergency can be proclaimed by the President of India, when he/she perceives grave
threats to the nation from internal and external sources. The first instance was between October 1962 to
January 1968 during the India-China war, when "the security of India" was declared as
being "threatened by external aggression". The second instance was between December 1971 to
March 1977, which was originally proclaimed during the Indo-Pakistan war. It was later extended along
with the third proclamation between June 1975 to March 1977 under controversial circumstances of
political instability under Indira Gandhi's prime ministership. The national emergency was proclaimed
for the first time during the Prime ministership of Jawaharlal Nehru. Hence statement 1 is not
correct.
• The students’ movement of Bihar in 1974 assumed a political character when Jayaprakash Narayan
assumed leadership. People from all walks of life entered the movement. Jayaprakash Narayan
demanded the dismissal of the Congress government in Bihar and gave a call for total revolution in the
social, economic and political spheres in order to establish, what he considered to be true democracy.
• The opposition political parties led by Jayaprakash Narayan pressed for Indira Gandhi’s resignation and
organised a massive demonstration in Delhi’s Ramlila grounds in June 1975. Jayaprakash announced a
nationwide satyagraha for her resignation and asked the army, the police and government employees not
to obey “illegal and immoral orders”. The political mood of the country had turned against the Congress,
more than ever before. The response of the government was to declare a state of emergency. On 25 June
1975, the government declared that there was a threat of internal disturbances and therefore, it invoked
Article 352 of the Constitution. Hence statement 2 is not correct.
• To remove ambiguities regarding emergency provisions in the Constitution, the 44th Constitutional
Amendment Act provides that National Emergency can be proclaimed only on the grounds of external
aggression, war and armed rebellion and it is necessary that the advice to the President to proclaim
Emergency must be given in writing by the Union cabinet.

Q 29.A
• Article 32 confers the right to remedies for the enforcement of the fundamental rights of an aggrieved
citizen. In other words, the right to get the Fundamental Rights protected is in itself a fundamental right.
• The Supreme Court has ruled that Article 32 is a basic feature of the Constitution. Hence, it cannot be
abridged or taken away even by way of an amendment to the Constitution. It contains the following four
provisions:
o The right to move the Supreme Court by appropriate proceedings for the enforcement of the
Fundamental Rights is guaranteed.
o The Supreme Court shall have the power to issue directions or orders or writs for the enforcement of
any of the fundamental rights. The writs issued may include habeas corpus, mandamus, prohibition,
certiorari and quo-warranto.
o Parliament can empower any other court to issue directions, orders and writs of all
kinds. However, this can be done without prejudice to the above powers conferred on the Supreme
Court. Any other court here does not include high courts because Article 226 has already conferred
these powers on the high courts. Hence, statement 1 is correct.

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 o The right to move the Supreme Court shall not be suspended except as otherwise provided for by the
Constitution. Thus the Constitution provides that the President can suspend the right to move
any court for the enforcement of fundamental rights during a national emergency (Article
359). Hence, statement 2 is not correct.

Q 30.A
• Article 15 prohibits discrimination by the state against any citizen on grounds 'only' of caste, religion, sex,
race, and place of birth. Reservation on the basis of domicile is not one of the grounds of article 15.
Article 15 defines “place of birth” as a ground of discrimination but reservation based on domicile
generally comes under “place of residence” which is outside the bounds of “place of birth”. The
place of birth and place of residence can be different for a single individual. Hence, statement 1 is
not correct.
• Article 15 (3) says that in some areas the women and children do need special privileges and therefore the
state for their welfare can make laws, moreover this does not mean that discrimination is being done but
some special privileges are being given to them as they require them. Hence, statement 2 is correct.
• Under Article 15(5), the state is empowered to make provisions relating to the admission to educational
institutions including private educational institutions, whether aided or unaided by the State, other than the
minority educational institutions. Hence, statement 3 is not correct.

Q 31.D
• Martial Law: The most important feature of Martial Law is the military acting independent of civilian
authority and control. When a geographical area is put under Martial Law, the military is called out and
the military commander is under no legal obligation to take his orders from the civilian authority of the
area. The military commander might be required to cooperate with the civilian authorities in the area, but
he is allowed to make his own decisions. To that extent, the military acting independent of any civilian
supervision clearly distinguishes an area under Martial Law from the military merely acting as an aid to
civilian authority (where the military acts under the supervision and command of the civilian authority).
• It is not described in Indian Constitution. Civil administration is run by the military authorities
according to their own rule and regulations framed outside the ordinary law, implying suspension of
ordinary law and the government by military tribunals. It is imposed under the extraordinary
circumstances like war, invasion, insurrection, rebellion, riot or any violent resistance to law to
repel force by force for maintaining or restoring order in the society. Abnormal powers including
imposing restrictions and regulations on the rights of the civilians, can punish the civilians and even
condemn them to death. The Supreme Court held that the declaration of martial law does not ipso
facto result in the suspension of the writ of habeas corpus.
• The difference with respect to National Emergency:
o Martial law affects only Fundamental Rights, while national Emergency is broader in scope affecting
Centre-State Relationship, Fundamental Rights, Legislative Powers, Revenue Distribution. Hence,
Statement 1 is correct.
o Military law suspends ordinary law, while courts and government continue in National
Emergency. Hence, Statement 2 is correct.
• Martial law imposed to restore the breakdown of law and order due to any reason, while National
Emergency can be imposed only on three grounds (Article 352) i.e. War, External aggregation or
Armed rebellion. Hence, Statement 3 is correct.
• Martial law is always imposed only in some area of the country but National Emergency can be in some
area or the entire country.
• Article 34: Notwithstanding anything in the foregoing provisions of Part III, Parliament may by law
indemnify any person in the service of the Union or of a State or any other person in respect of any act
done by him in connection with the maintenance or restoration of order in any area within the territory of
India where martial law was in force or validate any sentence passed, punishment inflicted, forfeiture
ordered or other act done under martial law in such area.

Q 32.B
• Recently, the Supreme Court gave a verdict on the Right to protest vs. Right to mobility on a plea
against blocking of the road in Shaheen Bagh in Delhi over Citizenship Amendment Act protests.
• In another stance, Supreme Court said farmers have a constitutional right to continue with their
“absolutely perfect” protest as long as their dissent against the three controversial agricultural laws did not
slip into violence.

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 • Article 19 (1)(a) and 19(1)(b) form the constitutional basis for the Right to Protest in India.
• Article 19(1)(a) of the Constitution of India states that “all citizens shall have the right to freedom of
speech and expression”. This Freedom of Speech and Expression includes the right to protest.
• Article 19(1)(b) of the Constitution of India states provides the to assemble peaceably and without
arms.
• Article 15 provides that the State shall not discriminate against any citizen on grounds only of religion,
race, caste, sex, place of birth or any of them. Hence it is not related to the right to protest.
• Hence, option (b) is the correct answer.

Q 33.C
• In 1976, the Congress Party set up the Sardar Swaran Singh Committee to make recommendations about
fundamental duties, the need and necessity of which was felt during the operation of the internal
emergency (1975–1977).
• The committee recommended the inclusion of a separate chapter on fundamental duties in the
Constitution. It stressed that the citizens should become conscious that in addition to the enjoyment of
rights, they also have certain duties to perform as well. The Congress Government at Centre accepted
these recommendations and enacted the 42nd Constitutional Amendment Act in 1976. This amendment
added a new part, namely, Part IVA to the Constitution. This new part consists of only one Article, that is,
Article 51A which for the first time specified a code of ten fundamental duties of the citizens. The ruling
Congress party declared the non-inclusion of fundamental duties in the Constitution as a historical mistake
and claimed that what the framers of the Constitution failed to do was being done now.
• Though the Swaran Singh Committee suggested the incorporation of eight Fundamental Duties in the
Constitution, the 42nd Constitutional Amendment Act (1976) included ten Fundamental Duties.
• Interestingly, certain recommendations of the Committee were not accepted by the Congress Party
and hence, not incorporated in the Constitution. These include:
o The Parliament may provide for the imposition of such penalty or punishment as may be
considered appropriate for any non-compliance with or refusal to observe any of the duties.
o No law imposing such penalty or punishment shall be called in question in any court on the ground of
infringement of any of Fundamental Rights or on the ground of repugnancy to any other provision of
the Constitution.
o Duty to pay taxes should also be a Fundamental Duty of the citizens.

Q 34.C
• Article 61 of the constitution provides for the Impeachment of the President of India.
• The President can be removed from office by impeachment for violation of the Constitution.
• However, the Constitution does not define the meaning of the phrase violation of the Constitution.
Hence statement is not correct.
• The charges of impeachment can be initiated in either house of the Parliament. Hence statement 2 is
correct.
• The charges need to be signed by 1/4th of the members of the House and a 14-day notice should be given
to the President.
• After the impeachment resolution is passed by a majority of the two-thirds of the majority of that House,
it is sent to the other to investigate upon the charges. If the other house also passes the resolution for
impeachment by a majority of two-thirds of the total membership of that House, the President then stands
impeached from his office from the date on which the resolution has been passed. Hence statement 3 is
correct.
• Thus impeachment is a quasi-judicial process in the Parliament.
• In this context, two things should be notes:
o the nominated members of either House of the Parliament can participate in the impeachment of the
President though they do not participate in his election.
o the elected members of the Legislative Assemblies of the States and the Union Territories of
Delhi and Puducherry do not participate in the impeachment of the Participate though they
participate in his election. Hence statement 4 is correct.
• No president has so far been impeached.

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Q 35.C
• Option 1 is not correct: Under Article 352, the President can declare a national emergency when the
security of India or a part of it is threatened by war or external aggression or armed rebellion. The
proclamation of Emergency must be approved by both the Houses of the Parliament within one month
from the date of its issue. Originally, the period allowed for approval by the Parliament was two months
but was reduced by the 44th Amendment Act of 1978. If approved by both the Houses of Parliament, the
emergency continues for six months and can be extended to an indefinite period with the approval of the
Parliament every six months.
• Option 2 is not correct: A proclamation imposing President’s Rule in a state must be approved by both
the Houses of Parliament within two months from the date of its issue. If approved by both the Houses of
Parliament, the President’s Rule continues for six months6. It can be extended for a maximum period of
three years7 with the approval of the Parliament, every six months.
• Option 3 is correct: Article 360 empowers the president to proclaim a Financial Emergency if he is
satisfied that a situation has arisen due to which the financial stability or credit of India or any part of its
territory is threatened. A proclamation declaring financial emergency must be approved by both the
Houses of Parliament within two months from the date of its issue. Once approved by both the Houses of
Parliament, the Financial Emergency continues indefinitely till it is revoked. This implies two things:
o there is no maximum period prescribed for its operation;
o and repeated parliamentary approval is not required for its continuation.

Q 36.C
• The Fundamental Rights are enshrined in Part III of the Constitution from Articles 12 to 35.
• Fundamental Rights can be amended. Any changes to the fundamental rights require a constitutional
amendment that should be passed by both the Houses of Parliament. The amendment bill should be passed
by a special majority of Parliament. Hence the statement in option (b) is correct, however, it is not the
correct answer.
• The Fundamental Rights are guaranteed by the Constitution to all persons without any discrimination.
They uphold the equality of all individuals, the dignity of the individual, the larger public interest, and the
unity of the nation. The statement in option (d) is independently correct, however, it is not the correct
answer.
• They operate as limitations on the tyranny of the executive and arbitrary laws of the legislature. Hence
the statement in option (a) is correct however, it is not the correct answer.
• They are ‘fundamental’ in the sense that they are essential for the all-around development (material,
intellectual, moral, and spiritual) of individuals.
• Hence option (c) is the correct answer.

Q 37.A
• The President under Article 360 of the constitution has the power to declare a financial emergency
if he is satisfied that the financial stability or the credit of India or any part of its territory is
threatened. Hence statement 1 is not correct.
• A Proclamation issued under clause-
o may be revoked or varied by a subsequent Proclamation;
o shall be laid before each House of Parliament;
o shall cease to operate at the expiration of two months unless before the expiration of that period
it has been approved by resolutions of both Houses of Parliament:
• Every Proclamation to declare Financial Emergency shall be laid down before each house of Parliament
and must get approval in two months from the date of issue. Provided that if at the time of the
proclamation of a Financial Emergency, the Lok Sabha has been dissolved or the dissolution of the Lok
Sabha takes place in the meantime (i.e. within two months from date of issue) then must get the approval
of the Rajya Sabha within 2 months, but such proclamation shall cease to operate after 30 days from the
first sitting of Lok Sabha.
• Once the declaration of Financial Emergency is approved by both houses of Parliament, it remains in
operation till it is revoked by the President and no maximum period is defined under the Constitution.
Hence statement 2 is correct.
• During the period any such Proclamation is in operation, the executive authority of the Union shall
extend to the giving of directions to any State to observe such canons of financial propriety as may
be specified in the directions, and to the giving of such other directions as the President may deem
necessary and adequate for the purpose.
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 • Notwithstanding anything in this Constitution
• any such direction may include:
o a provision requiring the reduction of salaries and allowances of all or any class of persons
serving in connection with the affairs of a State;
o provision requiring all Money Bills or other Bills to which the provisions of Article 207 apply to
be reserved for the consideration of the President after they are passed by the Legislature of the
State;
• It shall be competent for the President during the period any Proclamation issued under this article is in
operation to issue directions for the reduction of salaries and allowances of all or any class of persons
serving in connection with the affairs of the Union including the Judges of the Supreme Court and the
High Courts.
• Despite, the financial crisis of 1991, there has been no instance of financial emergency being
proclaimed in India or any territory of it thereof.

Q 38.A
• Article 46 of the Constitution provides that the state shall “promote with special care the educational and
economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes
and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation”.
• To secure the right to work, to education and to public assistance in cases of unemployment, old age,
sickness and disablement is provided under Article 41.
• To provide early childhood care and education for all children until they complete the age of six years is
provided Article 45.

Q 39.A
• The main object of article 16 is to create a constitutional right to equality of opportunity and employment
in public offices. This article is confined to citizens as distinguished from other persons. Further, it is
confined to employment or appointment to an office ‘under the state’. Hence, statement 1 is correct.
• Article 16 (4A) provides that State can make any provision for reservation in matters of promotion in
favor of the Scheduled Castes and the Scheduled Tribes if they are not adequately represented in the
services under the State. Hence, statement 2 is not correct.
• Article 16 (4) provides that the State can make any provision for the reservation of appointments or posts
in favor of any backward class of citizens who, in the opinion of the state, are not adequately represented
in the services under the State. Under this Article, it is not necessary for the central government or
the state government to consult the Public Service Commissions with regard to the reservation of
posts for any or all of the backward classes.

Q 40.B
• The Preamble in its present form reads:
o “We, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN
SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:
o JUSTICE, Social, Economic and Political; LIBERTY of thought, expression, belief, faith and
worship; EQUALITY of status and of opportunity; and to promote among them all;
o FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;
o IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY
ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION”.
• ‘To uphold and protect the sovereignty, unity and integrity of India’ is a fundamental duty
mentioned under Article 51A.

Q 41.D
• Article 14 says that no person shall be denied treatment of equality before the law or the equal protection
of the laws within the territory of India. The right is extended to all persons whether citizens or foreigners,
statutory corporations, companies, registered societies, or any other type of legal person. Hence option
(d) is the correct answer.
• Article 14 forbids discrimination in matters of procedure also.
• Article 14 of the constitution prohibits class legislation and not reasonable classification for the purpose of
the legislation.
• Thus while Article 14 forbids class legislation, it does not forbid classification which rests upon
reasonable grounds of distinction. It refers to legislation that applies to certain persons or classes of
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 persons, either natural or artificial, or to certain districts of territory or state. Class legislation violates
equal protection guaranteed by the Constitution.

Q 42.B
• The Directive Principles of State Policy are enumerated in Part IV of the Constitution from Articles 36
to 51. The framers of the Constitution borrowed this idea from the Irish Constitution of 1937, which had
copied it from the Spanish Constitution.
• The 86th Amendment Act of 2002 changed the subject-matter of Article 45 and made elementary
education a fundamental right under Article 21 A. The amended directive requires the State to provide
early childhood care and education for all children until they complete the age of six years. It also
added a fundamental duty to provide opportunities for education to his child or ward between the age of
six and fourteen years. Hence option (b) is the correct answer.

Q 43.D
• Article 19(1) (a) of the Constitution of India states that, “all citizens shall have the right to freedom of
speech and expression”. The main elements of right to freedom of speech and expression are as under-
o This right is available only to a citizen of India and not to foreign nationals.
o The freedom of speech under Article 19(1) (a) includes the right to express one’s views and opinions
at any issue through any medium, e.g. by words of mouth, writing, printing, picture, film, movie etc.
o This right is, however, not absolute and it allows Government to frame laws to impose reasonable
restrictions in the interest of sovereignty and integrity of India, security of the state, friendly relations
with foreign states, public order, decency and morality and contempt of court, defamation and
incitement to an offence.
o This restriction on the freedom of speech of any citizen may be imposed as much by an action of the
State as by its inaction. Thus, failure on the part of the State to guarantee to all its citizens the
fundamental right to freedom of speech and expression would also constitute a violation of Article
19(1)(a).
• Over the years, judicial creativity, judicial wisdom and judicial craftsmanship have widened the scope of
freedom of speech & expression by including in it the following aspects:
o Freedom of Press-Democracy can thrive through vigilant eye of Legislature but also care and
guidance of public opinion and press par excellence.
o Freedom of Commercial speech- In Tata Press Ltd. Vs. Mahanagar Telephone Nigam Ltd., the
Supreme Court held that a commercial advertisement or commercial speech was also a part of the
freedom of speech and expression. Hence statement 1 is correct.
o Right to Broadcast- The concept speech and expression has evolved with the progress of technology
and include all available means of expression and communication. This would include the electronic
and the broadcast media. Hence statement 2 is correct.
o Right to information- The freedom of 'speech and expression' comprises not only the right to
express, publish and propagate information, it circulation but also to receive information.
o Right to criticize- In S. Rangarajan v/s P. Jagjivan Ram, everyone has a fundamental right to form
his opinion on any issues of general concern. Open criticism of government policies and operations is
not a ground for restricting expression. Intolerance is as much dangerous to democracy as to the
person himself. Hence statement 3 is correct.
o Right to expression beyond national boundaries- In Maneka Gandhi vs Union of India, the
Supreme Court considered whether Article 19(1)(a) of Indian Constitution was confined to Indian
territory and held that the freedom of speech and expression is not confined to National
boundaries. Hence statement 4 is correct.
o Right not to speak or Right to silence is also included in the Right to speech and expression.

Q 44.D
• When the Constitution of India was adopted in 1950, the framers had not foreseen the importance of
environmental preservation. This aspect did receive attention later and, in 1976, the 42nd amendment
incorporated protection of wildlife and forests in the Directive Principles.
• It also included forests and protection of wild animals in the Concurrent List – Seventh Schedule (Article
256) of the Constitution.
• It is now enshrined in Article 51 A (g) of the Constitution that it shall be the fundamental duty of every
citizen to protect and improve the natural environment including forests and Wildlife.
• The Directive Principles of State policy – Article 48 A, mandates that the State shall endeavour to
protect and improve the environment and to safeguard the forests and wildlife of the country.
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 • The preservation of ecology and environment, based on the principle of sustainable development to
reconcile the conflicting interest of development with the preservation of a healthy environment, has been
recognized as a facet of the Right to Life.
• Article 21 protects the right to life as a fundamental right. The Supreme Court stated that "Enjoyment
of life and its attainment including their right to life with human dignity encompasses within its
ambit, the protection and preservation of the environment, ecological balance free from pollution of
air, water, sanitation without which life cannot be enjoyed”. The judiciary has resolved most of the
environmental cases where they considered the right to a good environment as fundamental for life and
upheld as a fundamental right. Thus we can consider article 21 as a mandate for a life-saving
environment.
• Hence option (d) is the correct answer.

Q 45.A
• Article 49 directs the state to protect monuments, places and objects of artistic or historic interest
which are declared to be of national importance. It is a Directive Principle of State Policy, included in
the category that represents the ideology of liberalism.

Q 46.C
• The term "Minority" is not defined in the Indian Constitution. However, the Constitution
recognizes religious and linguistic minorities. Hence, statement 1 is not correct.
• Article 28 prohibits completely state-run educational institutions from giving any religious
instructions. However, the restriction is not applicable if the educational institution is established
under any endowment or trust and is administered by the state. Hence, statement 2 is correct.
• Article 29 provides that every section of citizens residing in any part of the country has the right to protect
and conserve its own distinct language, script or culture (it provides the right to a group/section/
community of people).
• Article 29 grants protection to both religious, linguistic as well as cultural minorities. However, the
rights are not necessarily restricted to minorities only, as it is commonly assumed to be. It includes
minorities as well as the majority. Hence, statement 3 is not correct.

Q 47.C
• Article 67 of the Indian Constitution states that Vice-President can be removed from office before the
completion of his term.
o A formal impeachment is not required for his removal. Hence statement 1 is correct.
o He can be removed by a resolution of the Rajya Sabha passed by a majority of all the then
members of the Rajya Sabha and agreed to by the Lok Sabha. This means that this resolution
should be passed in the Rajya Sabha by an effective majority and in the Lok Sabha by a simple
majority. But, no such resolution can be moved unless at least 14 days advance notice has been given.
Hence statement 2 is correct.
o No ground has been mentioned in the Constitution for his removal. Hence statement 3 is
correct.

Q 48.A
• Article 72 and Article 161 of the Constitution empowers the President and governor respectively to
grant pardons to persons who have been tried and convicted of any offence .
• The pardoning power and its types of the President includes the following:
o Pardon: It means completely absolving the person of the crime and letting him go free. The
pardoned criminal will be like a normal citizen.
o Commutation: It denotes the substitution of one form of punishment for a lighter form. For example,
a death sentence may be commuted to rigorous imprisonment, which in turn may be commuted to a
simple imprisonment. Hence pair 1 is correctly matched.
o Remission : It implies reducing the period of sentence without changing its character. For example, a
sentence of rigorous imprisonment for two years may be remitted to rigorous imprisonment for one
year. Hence pair 2 is not correctly matched.
o Respite: It denotes awarding a lesser sentence in place of one originally awarded due to some
special fact, such as the physical disability of a convict or the pregnancy of a woman offender. Hence
pair 3 is not correctly matched.

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 o Reprieve: It means a delay allowed in the execution of a sentence, usually a death sentence, for a
guilty person to allow him some time to apply for Presidential Pardon or some other legal remedy
to prove his innocence or successful rehabilitation. Hence pair 4 is correctly matched.
• It should be noted that pardoning power of Presidents is executive power and it extends to the offences
where:
o Punishment or sentence is for an offence against a Union Law.
o Punishment or sentence is by a court martial (military court); and
o Sentence is a sentence of death
o While Governor
ü can grant pardons to a convicted person to which the executive power of the State extends.
ü cannot pardon sentences inflicted by court martial (military courts)
ü cannot pardon death sentence. However, the governor can suspend, remit or commute a death
sentence

Q 49.B
• Statement 1 is not correct: A proclamation of President’s Rule may be revoked by the President at any
time by a subsequent proclamation. Such a proclamation does not require the parliamentary approval.
• Statement 2 is correct: The 44th Amendment Act of 1978 introduced a new provision to put restraint on
the power of Parliament to extend a proclamation of President’s Rule beyond one year. Thus, it provided
that, beyond one year, the President’s Rule can be extended by six months at a time only when the
following two conditions are fulfilled: 1. a proclamation of National Emergency should be in operation in
the whole of India, or in the whole or any part of the state; and 2. the Election Commission must certify
that the general elections to the legislative assembly of the concerned state cannot be held on account of
difficulties.

Q 50.D
• Like any other modern state, India has two kinds of people–citizens and aliens. Citizens are full members
of the Indian State and owe allegiance to it. They enjoy all civil and political rights. Aliens, on the other
hand, are the citizens of some other state and hence, do not enjoy all the civil and political rights.
• The Constitution confers the following rights and privileges on the citizens of India (and denies the
same to aliens):
o Right against discrimination on grounds of religion, race, caste, sex, or place of birth (Article
15).
o Right to equality of opportunity in the matter of public employment (Article 16).
o Right to freedom of speech and expression, assembly, association, movement, residence, and
profession (Article 19).
o Cultural and educational rights (Articles 29 and 30).
o Right to vote in elections to the Lok Sabha and state legislative assembly.
o Right to contest for membership of the Parliament and the state legislature.
o Eligibility to hold certain public offices, that is, President of India, Vice-President of India, judges of
the Supreme Court and the high courts, Governor of states, Attorney General of India, and Advocate
General of states
• Right to life under article 21 is available to both citizens and foreigners. Also, they are provided with
the right against exploitation and the right to freedom of religion.

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