UPSC STATIC QUIZ – Polity : 23 March 2024

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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.

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• Question 1 of 5 1. Question Consider the following statements. 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 doctrine was evolved by the Supreme Court in the 1973 landmark ruling in Kesavananda Bharati vs State of Kerala. The Doctrine of Basic Structure is not applicable to constitutional amendments. 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. 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 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. If a law is found to “damage or destroy” the “basic features of the Constitution”, the Court declares it unconstitutional. The test is applied to constitutional amendments to ensure the amendment does not dilute the fundamentals of the Constitutional itself. The test is widely regarded as a check on majoritarian impulses of the Parliament since it places substantive limits on the power to amend the Constitution. Incorrect Solution: b) Statement 3 is incorrect. 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 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. If a law is found to “damage or destroy” the “basic features of the Constitution”, the Court declares it unconstitutional. The test is applied to constitutional amendments to ensure the amendment does not dilute the fundamentals of the Constitutional itself. The test is widely regarded as a check on majoritarian impulses of the Parliament since it places substantive limits on the power to amend the Constitution.

#### 1. Question

Consider the following statements.

• 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 doctrine was evolved by the Supreme Court in the 1973 landmark ruling in Kesavananda Bharati vs State of Kerala.

• The Doctrine of Basic Structure is not applicable to constitutional amendments.

How many of the above statements is/are correct?

• a) Only one

• b) Only two

• c) All three

Solution: b)

Statement 3 is incorrect.

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 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.

If a law is found to “damage or destroy” the “basic features of the Constitution”, the Court declares it unconstitutional. The test is applied to constitutional amendments to ensure the amendment does not dilute the fundamentals of the Constitutional itself.

The test is widely regarded as a check on majoritarian impulses of the Parliament since it places substantive limits on the power to amend the Constitution.

Solution: b)

Statement 3 is incorrect.

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 test is widely regarded as a check on majoritarian impulses of the Parliament since it places substantive limits on the power to amend the Constitution.

• Question 2 of 5 2. Question Article 1 of our Constitution says – “India that is Bharat, shall be a Union of states”. This declaration signifies That the Union of India has resulted out of an agreement between the states. The component units/states have no right to secede from the Union. 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: a) Article 1 describes India, that is, Bharat as a ‘Union of States’ rather than a ‘Federation of States’. • According to Dr B R Ambedkar, the phrase ‘Union of States’ has been preferred to ‘Federation of States’ for two reasons: one, the Indian Federation is not the result of an agreement among the states like the American Federation; and two, the states have no right to secede from the federation. Incorrect Solution: a) Article 1 describes India, that is, Bharat as a ‘Union of States’ rather than a ‘Federation of States’. • According to Dr B R Ambedkar, the phrase ‘Union of States’ has been preferred to ‘Federation of States’ for two reasons: one, the Indian Federation is not the result of an agreement among the states like the American Federation; and two, the states have no right to secede from the federation.

#### 2. Question

Article 1 of our Constitution says – “India that is Bharat, shall be a Union of states”. This declaration signifies

• That the Union of India has resulted out of an agreement between the states.

• The component units/states have no right to secede from the Union.

Which of the above statements is/are incorrect?

• c) Both 1 and 2

• d) Neither 1 nor 2

Solution: a)

• Article 1 describes India, that is, Bharat as a ‘Union of States’ rather than a ‘Federation of States’.

• According to Dr B R Ambedkar, the phrase ‘Union of States’ has been preferred to ‘Federation of States’ for two reasons: one, the Indian Federation is not the result of an agreement among the states like the American Federation; and two, the states have no right to secede from the federation.

Solution: a)

• Article 1 describes India, that is, Bharat as a ‘Union of States’ rather than a ‘Federation of States’.

• Question 3 of 5 3. Question Article 144 states that the law declared by the Supreme Court is binding on all courts within the territory of India. How many of the above statements is/are correct? (a) Only One (b) Only two (c) All three (d) None Correct Solution: a) Only statement 1 is correct. The Constitution confers fundamental and other rights on the people of India. But, as B R Ambedkar said, “All of us are aware of the fact that rights are nothing unless remedies are provided whereby people can seek to obtain redress when rights are invaded”. Thus, was born Article 32 of the Constitution, which confers the right to move the Supreme Court for their enforcement. Article 13(2) is a unique provision and provides that “the state shall not make any law that takes away or abridges the rights, conferred by this part and any law made in contravention of this clause shall, to the extent of the contravention, be void”. The framers of the Constitution were clear in Articles 141 and 144. Article 141 states that the law declared by the Supreme Court is binding on all courts within the territory of India. Article 144 states that all authorities, civil and judicial, in the territory of India shall act in aid of the Supreme Court. Incorrect Solution: a) Only statement 1 is correct. The Constitution confers fundamental and other rights on the people of India. But, as B R Ambedkar said, “All of us are aware of the fact that rights are nothing unless remedies are provided whereby people can seek to obtain redress when rights are invaded”. Thus, was born Article 32 of the Constitution, which confers the right to move the Supreme Court for their enforcement. Article 13(2) is a unique provision and provides that “the state shall not make any law that takes away or abridges the rights, conferred by this part and any law made in contravention of this clause shall, to the extent of the contravention, be void”. The framers of the Constitution were clear in Articles 141 and 144. Article 141 states that the law declared by the Supreme Court is binding on all courts within the territory of India. Article 144 states that all authorities, civil and judicial, in the territory of India shall act in aid of the Supreme Court.

#### 3. Question

Article 144 states that the law declared by the Supreme Court is binding on all courts within the territory of India.

How many of the above statements is/are correct?

• (a) Only One

• (b) Only two

• (c) All three

Solution: a)

Only statement 1 is correct.

The Constitution confers fundamental and other rights on the people of India. But, as B R Ambedkar said, “All of us are aware of the fact that rights are nothing unless remedies are provided whereby people can seek to obtain redress when rights are invaded”. Thus, was born Article 32 of the Constitution, which confers the right to move the Supreme Court for their enforcement. Article 13(2) is a unique provision and provides that “the state shall not make any law that takes away or abridges the rights, conferred by this part and any law made in contravention of this clause shall, to the extent of the contravention, be void”.

The framers of the Constitution were clear in Articles 141 and 144. Article 141 states that the law declared by the Supreme Court is binding on all courts within the territory of India. Article 144 states that all authorities, civil and judicial, in the territory of India shall act in aid of the Supreme Court.

Solution: a)

Only statement 1 is correct.

• Question 4 of 5 4. Question Which article of the Indian Constitution deals with the formation of new States and alteration of areas, boundaries or names of existing States? a) Article 1 b) Article 3 c) Article 4 d) Article 5 Correct Solution: b) Article 3 in The Constitution Of India 1949 Formation of new States and alteration of areas, boundaries or names of existing States: Parliament may by law (a) form a new State by separation of territory from any State or by uniting two or more States or parts of States or by uniting any territory to a part of any State; (b) increase the area of any State; (c) diminish the area of any State; (d) alter the boundaries of any State; (e) alter the name of any State; Incorrect Solution: b) Article 3 in The Constitution Of India 1949 Formation of new States and alteration of areas, boundaries or names of existing States: Parliament may by law (a) form a new State by separation of territory from any State or by uniting two or more States or parts of States or by uniting any territory to a part of any State; (b) increase the area of any State; (c) diminish the area of any State; (d) alter the boundaries of any State; (e) alter the name of any State;

#### 4. Question

Which article of the Indian Constitution deals with the formation of new States and alteration of areas, boundaries or names of existing States?

• a) Article 1

• b) Article 3

• c) Article 4

• d) Article 5

Solution: b)

Article 3 in The Constitution Of India 1949

Formation of new States and alteration of areas, boundaries or names of existing States: Parliament may by law

(a) form a new State by separation of territory from any State or by uniting two or more States or parts of States or by uniting any territory to a part of any State;

(b) increase the area of any State;

(d) alter the boundaries of any State;

(e) alter the name of any State;

Solution: b)

Article 3 in The Constitution Of India 1949

Formation of new States and alteration of areas, boundaries or names of existing States: Parliament may by law

(a) form a new State by separation of territory from any State or by uniting two or more States or parts of States or by uniting any territory to a part of any State;

(b) increase the area of any State;

(d) alter the boundaries of any State;

(e) alter the name of any State;

• Question 5 of 5 5. Question Which principle among the following was added to the Directive Principles of Stat Policy by the 42nd Amendment to the Constitution? a) Securing living wage and human conditions of work to workers b) Equal pay for equal work for both men and women c) Right to work, education and public assistance d) Participation of workers in the management of industries Correct Solution: d) 42nd Amendment to the Constitution Added three new Directive Principles viz., equal justice and free-legal aid, participation of workers in the management of industries and protection of environment, forests and wild life. Incorrect Solution: d) 42nd Amendment to the Constitution Added three new Directive Principles viz., equal justice and free-legal aid, participation of workers in the management of industries and protection of environment, forests and wild life.

#### 5. Question

Which principle among the following was added to the Directive Principles of Stat Policy by the 42nd Amendment to the Constitution?

• a) Securing living wage and human conditions of work to workers

• b) Equal pay for equal work for both men and women

• c) Right to work, education and public assistance

• d) Participation of workers in the management of industries

Solution: d)

42nd Amendment to the Constitution Added three new Directive Principles viz., equal justice and free-legal aid, participation of workers in the management of industries and protection of environment, forests and wild life.

Solution: d)

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