UPSC Static Quiz – Polity : 17 October 2024

UPSC Static Quiz – Polity : 17 October 2024 We will post 5 questions daily on static topics mentioned in the UPSC civil services preliminary examination syllabus. Each week will focus on a specific topic from the syllabus, such as History of India and Indian National Movement, Indian and World Geography, and more.We are excited to bring you our daily UPSC Static Quiz, designed to help you prepare for the UPSC Civil Services Preliminary Examination. Each day, we will post 5 questions on static topics mentioned in the UPSC syllabus. This week, we are focusing on Indian and World Geography.

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• Question 1 of 5 1. Question Consider the following statements regarding 9th schedule of the Indian constitution. The Ninth Schedule was added to the Constitution by the First Amendment in 1951. The Supreme court in I R Coelho case upheld the authority of judiciary to review any such laws that damage the basic structure even if they have been put in 9th Schedule after the Kesavananda Bhartai Judgment. The Supreme Court laid down dual test to examine the validity of a law placed in the Ninth Schedule, i.e; Whether it violates any fundamental right and if yes whether the violation also damages or destroys the basic structure. How many of the above statements is/are correct? a) Only one b) Only two c) All three d) None Correct Solution: c) The Ninth Schedule was introduced into the Constitution through the First Amendment in 1951. In the case of *IR Coelho v. State of Tamil Nadu*, several laws included in the Ninth Schedule were challenged on the basis that any law violating fundamental rights should be deemed “unconstitutional” and that the judiciary’s power of review could not be stripped away. In January 2007, a nine-judge constitution bench of the Supreme Court gave its ruling on this issue. The Supreme Court upheld Parliament’s authority to place laws within the Ninth Schedule, but clarified that these laws are still subject to judicial review. It stated that laws included in the Ninth Schedule do not have absolute immunity from legal scrutiny. Specifically, laws placed in the Ninth Schedule after April 24, 1973, when the Kesavananda Bharati judgment established the “basic structure” doctrine, can be challenged. The court outlined a dual test to assess the constitutionality of laws in the Ninth Schedule. First, it must be determined whether the law violates any fundamental right. If so, the next question is whether this violation damages or undermines the basic structure of the Constitution. Only if both conditions are met can a law in the Ninth Schedule be declared unconstitutional. Incorrect Solution: c) The Ninth Schedule was introduced into the Constitution through the First Amendment in 1951. In the case of *IR Coelho v. State of Tamil Nadu*, several laws included in the Ninth Schedule were challenged on the basis that any law violating fundamental rights should be deemed “unconstitutional” and that the judiciary’s power of review could not be stripped away. In January 2007, a nine-judge constitution bench of the Supreme Court gave its ruling on this issue. The Supreme Court upheld Parliament’s authority to place laws within the Ninth Schedule, but clarified that these laws are still subject to judicial review. It stated that laws included in the Ninth Schedule do not have absolute immunity from legal scrutiny. Specifically, laws placed in the Ninth Schedule after April 24, 1973, when the Kesavananda Bharati judgment established the “basic structure” doctrine, can be challenged. The court outlined a dual test to assess the constitutionality of laws in the Ninth Schedule. First, it must be determined whether the law violates any fundamental right. If so, the next question is whether this violation damages or undermines the basic structure of the Constitution. Only if both conditions are met can a law in the Ninth Schedule be declared unconstitutional.

#### 1. Question

Consider the following statements regarding 9th schedule of the Indian constitution.

• The Ninth Schedule was added to the Constitution by the First Amendment in 1951.

• The Supreme court in I R Coelho case upheld the authority of judiciary to review any such laws that damage the basic structure even if they have been put in 9th Schedule after the Kesavananda Bhartai Judgment.

• The Supreme Court laid down dual test to examine the validity of a law placed in the Ninth Schedule, i.e; Whether it violates any fundamental right and if yes whether the violation also damages or destroys the basic structure.

How many of the above statements is/are correct?

• a) Only one

• b) Only two

• c) All three

Solution: c)

The Ninth Schedule was introduced into the Constitution through the First Amendment in 1951.

In the case of *IR Coelho v. State of Tamil Nadu*, several laws included in the Ninth Schedule were challenged on the basis that any law violating fundamental rights should be deemed “unconstitutional” and that the judiciary’s power of review could not be stripped away. In January 2007, a nine-judge constitution bench of the Supreme Court gave its ruling on this issue.

The Supreme Court upheld Parliament’s authority to place laws within the Ninth Schedule, but clarified that these laws are still subject to judicial review. It stated that laws included in the Ninth Schedule do not have absolute immunity from legal scrutiny. Specifically, laws placed in the Ninth Schedule after April 24, 1973, when the Kesavananda Bharati judgment established the “basic structure” doctrine, can be challenged.

The court outlined a dual test to assess the constitutionality of laws in the Ninth Schedule. First, it must be determined whether the law violates any fundamental right. If so, the next question is whether this violation damages or undermines the basic structure of the Constitution. Only if both conditions are met can a law in the Ninth Schedule be declared unconstitutional.

Solution: c)

The Ninth Schedule was introduced into the Constitution through the First Amendment in 1951.

• Question 2 of 5 2. Question Consider the following statements. The Constitution of India defines its ‘basic structure’ in terms of democracy, fundamental rights, federalism and secularism. The Constitution of India provides for ‘judicial review’ to safeguard the citizens’ liberties and to preserve the ideals on which the Constitution is based. Which of the above statements is/are incorrect? a) 1 only b) 2 only c) Both 1 and 2 d) Neither 1 nor 2 Correct Solution: c) The Doctrine of Basic Structure is a form of judicial review that is used to test the legality of any legislation by the courts. The Constitution of India does not define the basic structure, it is a judicial innovation. The doctrine was evolved by the Supreme Court in the 1973 landmark ruling in Kesavananda Bharati v State of Kerala. In a 7-6 verdict, a 13-judge Constitution Bench ruled that the ‘basic structure’ of the Constitution is inviolable, and could not be amended by Parliament. In the Kesavananda ruling, the Supreme Court cited several aspects of the Constitution that could be identified as “basic features” of the document but added that it was not an exhaustive list. For example, judicial review, rule of law, federalism, and democratic republic structure are identified as basic features. Incorrect Solution: c) The Doctrine of Basic Structure is a form of judicial review that is used to test the legality of any legislation by the courts. The Constitution of India does not define the basic structure, it is a judicial innovation. The doctrine was evolved by the Supreme Court in the 1973 landmark ruling in Kesavananda Bharati v State of Kerala. In a 7-6 verdict, a 13-judge Constitution Bench ruled that the ‘basic structure’ of the Constitution is inviolable, and could not be amended by Parliament. In the Kesavananda ruling, the Supreme Court cited several aspects of the Constitution that could be identified as “basic features” of the document but added that it was not an exhaustive list. For example, judicial review, rule of law, federalism, and democratic republic structure are identified as basic features.

#### 2. Question

Consider the following statements.

• The Constitution of India defines its ‘basic structure’ in terms of democracy, fundamental rights, federalism and secularism.

• The Constitution of India provides for ‘judicial review’ to safeguard the citizens’ liberties and to preserve the ideals on which the Constitution is based.

Which of the above statements is/are incorrect?

• c) Both 1 and 2

• d) Neither 1 nor 2

Solution: c)

The Doctrine of Basic Structure is a form of judicial review that is used to test the legality of any legislation by the courts. The Constitution of India does not define the basic structure, it is a judicial innovation.

The doctrine was evolved by the Supreme Court in the 1973 landmark ruling in Kesavananda Bharati v State of Kerala. In a 7-6 verdict, a 13-judge Constitution Bench ruled that the ‘basic structure’ of the Constitution is inviolable, and could not be amended by Parliament.

In the Kesavananda ruling, the Supreme Court cited several aspects of the Constitution that could be identified as “basic features” of the document but added that it was not an exhaustive list.

For example, judicial review, rule of law, federalism, and democratic republic structure are identified as basic features.

Solution: c)

In the Kesavananda ruling, the Supreme Court cited several aspects of the Constitution that could be identified as “basic features” of the document but added that it was not an exhaustive list.

For example, judicial review, rule of law, federalism, and democratic republic structure are identified as basic features.

• Question 3 of 5 3. Question Article 355 of the constitution places which of the following duties on the Central Government? Protect every state against external aggression and internal disturbance Ensuring that every state government follows constitutional provisions Ensuring that every state is protected against economic downturns How many of the above statements is/are correct? a) Only one b) Only two c) All three d) None Correct Solution: b) Statement 3 is incorrect. Constitution imposes two duties on the Centre: (a) to protect every state against external aggression and internal disturbance; and (b) to ensure that the government of every state is carried on in accordance with the provisions of the Constitution. It is this duty in the performance of which the Centre takes over the government of a state under Article 356 in case of failure of constitutional machinery in state. This is popularly known as ‘President’s Rule’. It is also known as ‘State Emergency’ or ‘Constitutional Emergency’. Incorrect Solution: b) Statement 3 is incorrect. Constitution imposes two duties on the Centre: (a) to protect every state against external aggression and internal disturbance; and (b) to ensure that the government of every state is carried on in accordance with the provisions of the Constitution. It is this duty in the performance of which the Centre takes over the government of a state under Article 356 in case of failure of constitutional machinery in state. This is popularly known as ‘President’s Rule’. It is also known as ‘State Emergency’ or ‘Constitutional Emergency’.

#### 3. Question

Article 355 of the constitution places which of the following duties on the Central Government?

• Protect every state against external aggression and internal disturbance

• Ensuring that every state government follows constitutional provisions

• Ensuring that every state is protected against economic downturns

How many of the above statements is/are correct?

• a) Only one

• b) Only two

• c) All three

Solution: b)

Statement 3 is incorrect.

Constitution imposes two duties on the Centre: (a) to protect every state against external aggression and internal disturbance; and (b) to ensure that the government of every state is carried on in accordance with the provisions of the Constitution.

It is this duty in the performance of which the Centre takes over the government of a state under Article 356 in case of failure of constitutional machinery in state. This is popularly known as ‘President’s Rule’. It is also known as ‘State Emergency’ or ‘Constitutional Emergency’.

Solution: b)

Statement 3 is incorrect.

• Question 4 of 5 4. Question Consider the following statements regarding State emergency. The imposition of the President’s rule is approved by the president and does not require the sanction of the Parliament. It can be revoked any time by the President, without the approval of Parliament. President’s rule was imposed on all the states in India except Telangana. Which of the above statements is/are correct? a) 2 only b) 1, 2 c) 1, 3 d) 1, 2, 3 Correct Solution: a) A proclamation imposing president’s rule must be approved by both the houses of parliament within two months from the date of its issue. However, if the proclamation of President’s rule is issued at a time when the Lok Sabha has been dissolved or the dissolution of the Lok Sabha takes place during the period of two months without approving the proclamation, then the proclamation survives until 30 days from the first sitting of the Lok Sabha after its reconstitution, provided that the Rajya Sabha approves it in the meantime. President’s rule can be revoked at any time by the President and does not need Parliament’s approval. Chhattisgarh and Telangana are the only states where the president’s rule has not been imposed so far. Incorrect Solution: a) A proclamation imposing president’s rule must be approved by both the houses of parliament within two months from the date of its issue. However, if the proclamation of President’s rule is issued at a time when the Lok Sabha has been dissolved or the dissolution of the Lok Sabha takes place during the period of two months without approving the proclamation, then the proclamation survives until 30 days from the first sitting of the Lok Sabha after its reconstitution, provided that the Rajya Sabha approves it in the meantime. President’s rule can be revoked at any time by the President and does not need Parliament’s approval. Chhattisgarh and Telangana are the only states where the president’s rule has not been imposed so far.

#### 4. Question

Consider the following statements regarding State emergency.

• The imposition of the President’s rule is approved by the president and does not require the sanction of the Parliament.

• It can be revoked any time by the President, without the approval of Parliament.

• President’s rule was imposed on all the states in India except Telangana.

Which of the above statements is/are correct?

• d) 1, 2, 3

Solution: a)

A proclamation imposing president’s rule must be approved by both the houses of parliament within two months from the date of its issue.

However, if the proclamation of President’s rule is issued at a time when the Lok Sabha has been dissolved or the dissolution of the Lok Sabha takes place during the period of two months without approving the proclamation, then the proclamation survives until 30 days from the first sitting of the Lok Sabha after its reconstitution, provided that the Rajya Sabha approves it in the meantime.

President’s rule can be revoked at any time by the President and does not need Parliament’s approval.

Chhattisgarh and Telangana are the only states where the president’s rule has not been imposed so far.

Solution: a)

A proclamation imposing president’s rule must be approved by both the houses of parliament within two months from the date of its issue.

President’s rule can be revoked at any time by the President and does not need Parliament’s approval.

Chhattisgarh and Telangana are the only states where the president’s rule has not been imposed so far.

• Question 5 of 5 5. Question Consider the following statements. National emergency can be declared even if security of India is not in threat, but there is a case of imminent danger. The operation of National Emergency always applies to the whole of Indian Territory. Which of the above statements is/are correct? a) 1 only b) 2 only c) Both 1 and 2 d) Neither 1 nor 2 Correct Solution: a) 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. It may be noted that the president can declare a national emergency even before the actual occurrence of war or external aggression or armed rebellion, if he is satisfied that there is an imminent danger. A proclamation of national emergency may be applicable to the entire country or only a part of it. The 42nd Amendment Act of 1976 enabled the president to limit the operation of a National Emergency to a specified part of India. Incorrect Solution: a) 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. It may be noted that the president can declare a national emergency even before the actual occurrence of war or external aggression or armed rebellion, if he is satisfied that there is an imminent danger. A proclamation of national emergency may be applicable to the entire country or only a part of it. The 42nd Amendment Act of 1976 enabled the president to limit the operation of a National Emergency to a specified part of India.

#### 5. Question

Consider the following statements.

• National emergency can be declared even if security of India is not in threat, but there is a case of imminent danger.

• The operation of National Emergency always applies to the whole of Indian Territory.

Which of the above statements is/are correct?

• c) Both 1 and 2

• d) Neither 1 nor 2

Solution: a)

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. It may be noted that the president can declare a national emergency even before the actual occurrence of war or external aggression or armed rebellion, if he is satisfied that there is an imminent danger.

A proclamation of national emergency may be applicable to the entire country or only a part of it. The 42nd Amendment Act of 1976 enabled the president to limit the operation of a National Emergency to a specified part of India.

Solution: a)

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