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Emergency & Amendments — UPSC Prelims Polity previous year questions

65 solved previous year questions on Emergency & Amendments, papers from 1995 to 2022, drawn from UPSC CDS, State PCS, UPSC CAPF. Each carries the printed answer key and the explanation from the source compilation.

65 questions
2 pages
Polity
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  1. #1UPSC CDS 2016
    Which one of the following languages is not recognised in the Eighth Schedule to the Constitution of India?
    • AEnglish
    • BSanskrit
    • CUrdu
    • DNepali
    Answer: (A) English
    Explanation

    Option a is the correct answer. As per and 351 of Indian Constitution, the 8th Schedule includes 22 language !OLITY ANO GO The Eighth Schedule to the Constitution consists of the following 22 languages: Of these languages, 14 were initially included in the Constitution. Sindhi language was added by the 21 st Amendment Act of 1967. Konkani, Manipuri, and Nepali were included by the 71 st Amendment Act of 1992. Bodo, Dogri, Maithili, and Santhali were added by the 92 nd Amendment Act of 2003 which came into force in 2004

  2. #2UPSC CAPF 2018
    Sikkim became an Associate State of the Indian Union through
    • Athe Constitution (36th Amendment) Act
    • Bthe Constitution (7th Amendment) Act
    • Cthe Constitution (35th Amendment) Act
    • Dthe Constitution (5th Amendment) Act
    Answer: (A) the Constitution (36th Amendment) Act
    Explanation

    Option a is the correct Constitution (36th Amendment) Act, 1975, by the Parliament of India to incorporate the Indian Union as an Associate State. The Act on 26 April 1975, and Sikkim became an on 16 May 1975

  3. #3UPSC CAPF 2018
    The power of the President of India to refer a matter back to the Council of Ministers for reconsideration was inserted in the Constitution by
    • A44th Amendment
    • B42nd Amendment
    • C43rd Amendment
    • D35th Amendment
    Answer: (A) 44th Amendment
    Explanation

    Option a is the correct 44th Amendment Act added a new clause to of the Constitution, which gives the President to refer a matter back to the Council of reconsideration. This power can be exercised by only once on a matter. If the Council of the same advice again to the President, the accept it

  4. #4UPSC CDS 2022
    By which one of the following Constitutional Amendment Acts, was the Article (Right to Education) inserted into the Constitution of India?
    • A83rd Amendment Act
    • B84th Amendment Act
    • C85th Amendment Act
    • D86th Amendment Act
    Answer: (D) 86th Amendment Act
    Explanation

    Option d is the correct Article which guarantees the Right to inserted into the Constitution of India through Amendment Act. This amendment added Article states that the State shall provide free and to all children in the age group of six to

  5. #5UPSC CDS 2021
    Which one among the following was eliminated by the 44th Amendment Act of the Parliament?
    • ARight against Exploitation
    • BRight to Constitutional Remedies
    • CRight to Property
    • DRight to Education
    Answer: (C) Right to Property
    Explanation

    Option c is the correct Right to Property was originally included as right under Article of the which guaranteed the right to and dispose of property. However, through the Act, passed in 1978, the Right to Property as a fundamental right and was instead a legal right. Important Tipss Some other changes under 44th Amendment Act: Proclamation of Emergency: Proclamation of Emergency can be issued only when the security of India or any part of its territory is threatened by war or external aggression or by armed rebellion. Internal disturbance not amounting to armed rebellion would not be a ground for the issue of a Proclamation. An emergency can be proclaimed only on the basis of written advice tendered to the President by the Cabinet. Judicial Review: The amendment reinforced the power of judicial review by stating that Parliament cannot amend the Constitution in a way that would take away

  6. #6UPSC CDS 2021
    Which of the following statements regarding constitutional amendment is/are correct? 1. The procedure for amendment to the Constitution is provided in Article 368. 2. A Bill to amend the Constitution can be introduced in either House of the Parliament. 3. The special procedure in Article 368 vests constituent powers upon the ordinary legislation. 1Select the correct answer using the codes given below
    • AOnly 1
    • B1, 2 and 3
    • C2 and 3
    • D1 and 2
    Answer: (B) 1, 2 and 3
    Explanation

    Option b is the correct 1 is correct- The procedure for amending is provided in Article 368 of the Constitution According to article 368, constitution can be three ways- Simple Majority, Special Majority, of the Parliament and the ratification of half of 2 is correct- A bill to amend the be introduced in either House of Parliament. It can as a Constitutional Amendment Bill and must the prescribed legislative process before it can into 3 is correct- The special procedure outlined 368 of the Constitution vests constituent powers ordinary legislation. This means that the acting in its legislative capacity, has the power to modify the provisions of the Constitution provided Structure of the Indian Constitution remains intact

  7. #7UPSC CDS 2021
    Which one of the following is not a circumstance for proclamation of Emergency by the President of India under Article 352 of the Constitution of India?
    • AWar
    • BExternal aggression
    • CInternal disturbance
    • DArmed rebellion
    Answer: (C) Internal disturbance
    Explanation

    Option c is the correct national emergency in India can be declared based on of war, external aggression, or armed rebellion. "armed rebellion" was introduced through the to the Constitution. Prior to this amendment, referred to as "internal disturbance." Important Tips: A national emergency in India can be proclaimed under Article 352 of the Constitution during situations of war, external aggression, or armed rebellion that poses a threat to the country's security and integrity. The President of India has the authority to declare a national emergency based on the advice of the Union Cabinet. Once a national emergency is proclaimed, the central government assumes additional powers, and the federal structure of the country undergoes a temporary change. Fundamental rights guaranteed by the Constitution can be suspended or curtailed during a national emergency, except for certain rights men

  8. #8UPSC CDS 2020
    Which one of the following was added as a Fundamental duty through the Constitution (86th Amendment) Act, 2002?
    • ATo strive towards excellence in individual and collective activity
    • BTo provide opportunities for education to one's child between the age of 6 and 14 years
    • CTo work for the welfare of women and children
    • DTo promote peace and harmony
    Answer: (B) To provide opportunities for education to one's child between the age of 6 and 14 years
    Explanation

    Option b is the correct Constitution (86th Amendment) Act, 2002 added duty of providing opportunities for one's child between the age of 6 and 14 years. aimed to emphasize the importance of I and ensure that every child in India has access to during the crucial formative years of their life. Important Tips: Article 21 A (Fundamental 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. Article 45 (Directive Principle of State The State shall endeavor to provide early childhood care and education for all children until they complete the age of six years. Article 51 A (Fundamental Duties) - 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

  9. #9UPSC CDS 2020
    Which one of the following Articles was defended by Dr. BR Ambedkar on the plea that it would be used as 'a matter of last resort'?
    • AArticle-352
    • BArticle-359
    • CArticle-356
    • DArticle 368
    Answer: (C) Article-356
    Explanation

    Option c is the correct the debates of the Constituent Assembly, Dr. the principal architect of the Indian Article-356 on the plea that it would be used as of last resort." He argued that this provision be invoked in exceptional circumstances when remedies and alternatives have been exhausted. The behind Article-356 was to ensure the constitutional order and stability in the country a mechanism to address critical situations in Important Tips: President's Rule, also known as State Emergency, is the suspension of the state government and the imposition of direct central government rule in a state of India. It is implemented under Article 356 of the Indian Constitution when the President deems that the state's governance cannot be carried out according to constitutional provisions. The decision to impose President's Rule is taken by the President on the advice of the Governor of the concer

  10. #10State PCS 2013
    Given below are two statements one is labelled as Assertion (A) and the other is labelled as Reason Assertion (A): Sarkaria Commission recommended that Article 356 should be sparingly used. Reason The political parties that came to form the Government at the Centre misused Article 356. Code
    • A(R) is true, but (A) is false
    • BBoth (A) and (R) are true, but (R) is not the correct explanation of (A)
    • CBoth (A) and (R) are true and (R) is the correct explanation of (A)
    • D(A) is true, but (R) is false
    Answer: (C) Both (A) and (R) are true and (R) is the correct explanation of (A)
    Explanation

    Option c is the correct (A) is true: Article 356 deals with in case of constitutional breakdown in a state. recommended using it sparingly, structure, and avoiding undue Central in state (R) is true: The political parties in power at have frequently misused Article 356. Since it has been invoked over 100 times to Rule in various states. In most cases it was used considerations rather than any genuine constitutional machinery in the is the correct explanation of (A): The reason Sarkaria Commission's recommendation to use sparingly was precisely because it had been misused political parties that came to form the Government Centre

  11. #11UPSC CSE Prelims 2021
    With reference to India, consider the following statements: 1. When a prisoner makes out a sufficient case, parole cannot be denied to such prisoner because it becomes a matter of his/her right. 2. State Governments have their own Prisoner Release on Parole Rules.Which of the statements given above is/are correct?
    • A1 only
    • B2 only
    • CBoth 1 and 2
    • DNeither 1 nor 2
    Answer: (B) 2 only
    Explanation

    Option b is the correct Provisions are included in part XVIII from to 360 in the Constitution for dealing with that may threaten the peace, security, stability of the country or a part to the Constitution it is the duty of the to ensure that governance of a State is in accordance with the provisions of the Article 356, the President may issue a impose emergency in a state if he is satisfied on a report from the Governor of the concerned State, that a situation has arisen under which of the state cannot be carried on according provisions of the such a situation, proclamation of emergency by is on account of the failure (or breakdown) machinery. Thus, it is known as or "State Emergency" or "Constitutional of Imposition of President's Rule in a The President can assume to himself all or any of of the state government or he may vest all or those functions with the Governor or any other The P

  12. #12Previous year
    In which of the following cases did the Supreme Court rule that Constitutional Amendments were also laws under Artide-13 of the Constitution of India, which could be declared void for being inconsistent with Fundamental Rights? [CDS - 2015)
    • AKeshavanand Bharati Case
    • BGolaknath Case
    • CMinerva Mills Case
    • DManeka Gandhi Case
    Answer: (B) Golaknath Case
    Explanation

    Option b is the correct answer. Golak Nath case held that constitutional amendment passed according to article 368 is a law within the meaning of article 13. 24th amendment act 1971 override this judgement and declare that amendment under article 368 is not law within the meaning of article 13. Important Tip Keshavanand Bharati Case is related to the basic structure doctrine. Minerva Mills Case is related to the interpretation of the basic structure doctrine. Maneka Gandhi Case is related to the Right of Personal Liberty granted by Article 21 of the Constitution

  13. #13State PCS 2020
    Which of the following Constitutional Amendment Acts restricted the size of the Council of Ministers to 15 percent of the total members of the Lok Sabha?
    • A95th Constitutional Amendment Act
    • B93rd Constitutional Amendment Act
    • C91st Constitutional Amendment Act
    • D90th Constitutional Amendment Act, (e) None of the above/ More than one of the above
    Answer: (C) 91st Constitutional Amendment Act
    Explanation

    Option c is the correct Constitution (91st Amendment) Act, 2003 IA in Article 75, which says "The total number including the Prime Minister, in the Ministers shall not exceed fifteen per cent of the of members of the House of the People" Important Tips The Constitution (91st Amendment) Act, 2003 inserted clause in Article 164, which says "the total number of Ministers, including the Chief Minister, in the Council of Ministers in a State shall not exceed of the total number of members of the Legislative Assembly of that State. It also provided that the number of Ministers, including the Chief Minister in a State shall not be less than twelve. It also provided that if the existing number exceeds the limit, it must be reduced within six months of the President's notification

  14. #14State PCS 1996
    The word 'mantrimandal' (cabinet) is mentioned only once in Constitution, and that is in
    • AArticle 352
    • BArticle 74
    • CArticle 356
    • DArticle 76
    Answer: (A) Article 352
    Explanation

    Option a is the correct word 'mantrimandal' (cabinet) is mentioned only the Indian Constitution, and that is in Article article deals with the proclamation of emergency. that the President shall not issue a proclamation unless the Union Cabinet communicates to writing that such a proclamation may be issued. is defined as the Council consisting of the and other Ministers of Cabinet rank under Important Tips The impeachment charges should be signed by one fourth members of the House (that framed the charges), and a 14 days' notice should be given to the President. After the impeachment resolution is passed by a majority of two-thirds of the total membership of that House, it is sent to the other House, which should investigate the charges. The President has the right to appear and to be represented at such investigation. If the other House also sustains the charges and passes the impeachme

  15. #15Previous year
    Which of the following Constitutional Amendments is related to raising the number of Members of Lok Sabha to be elected from the States? [UPSC CSE Pre 2003)
    • A6th and 22nd
    • B13th and 38th Fo
    • C7th and 31st
    • D11th and 42nd
    Answer: (C) 7th and 31st
    Explanation

    Option c is the correct 7th and 31st Constitutional Amendments raised of Members of Lok Sabha to be elected from The 7th Amendment increased the number of 525 to 545, and the 31st Amendment increased of seats to r

  16. #16UPSC CSE Prelims 1995
    Which one of the following States of India does not have a Legislative Council so for even though the Constitution (Seventh Amendment) Act, 1956 provides for it?
    • AMaharashtra
    • BBihar
    • CKarnataka
    • DMadhya Pradesh
    Answer: (D) Madhya Pradesh
    Explanation

    Option d is the correct Pradesh is one of the states that does not have Council so far even though the Amendment) Act, 1956 provides for Constitution (Seventh Amendment) Act, 1956 was the major amendments to the Constitution of India the states and union territories on linguistic grounds. It also made some changes to related to the state legislatures, such as classification of Part A, Part Part C and Part D introducing the concept of bicameralism in some states. Important Tips Currently, six states in India have a legislative council. These states are Uttar Pradesh, Andhra Pradesh, Bihar, Maharashtra, Karnataka, and Telangana

  17. #17UPSC CAPF 2018
    Which one of the following Constitutional Amendments has enormously strengthened the powers of the Speaker/Chairman of the 2 Houses of the Parliament/State Legislatures?
    • A61st Amendment which reduced the voting age from 21 to 18 years
    • BAnti-defection provisions of 52nd Amendment
    • CRepealing of many of the provisions of 42nd Amendment by 44th Amendment
    • D73rd Amendment that conferred extensive the powers on Panchayat Bodies
    Answer: (B) Anti-defection provisions of 52nd Amendment
    Explanation

    Option b is the correct Anti-Defection Law empowers the make decisions 011 disqualification and to maintain and integrity of political parties and by curbing defections. Thus, it can be said 52nd Amendment has enormously strengthened of the Speaker/Chairman of the Parliament and

  18. #18UPSC CDS 2014
    There are provisions in the Constitution of India which empower the Parliament to modify or annul the operation of certain provisions of the Constitution without actually amending them. They include any law made under Article 2 (relating to admission or establishment of new states). 2. any law made under Article 3 (relating to formation of new states). 3. amendment of First Schedule and Fourth Schedule. Select the correct answer using the codes given below
    • A1 and 2
    • B2 and 3
    • C1.2 and 3
    • DNone of these
    Answer: (A) 1 and 2
    Explanation

    Option a is the correct answer Article 4 itself declares that law made for the admission or establishment of new States under Article 2 and formation of new States and alteration of area boundaries or names of existing State under Article 3 are not to be considered as amendments of the Constitution under Article 368 This means that such laws can be passed by a simple majority and by the ordinary legislative process Tr.e amendment of the 1st and 4th Schedule is related to the federal structure of the polity with actually amending the Constitution. Hence, statement 3 is incorrect

  19. #19UPPCS 2010
    Which Constitutional Amendment reduced the voting age from 21 years to 18 years?
    • ASixty-third Amendment
    • BSixty-second Amendment
    • CSixty-first Amendment
    • DSixtieth Amendment
    Answer: (C) Sixty-first Amendment
    Explanation

    Option c is the correct Sixty-first Amendment of the Constitution of in 1988, reduced the voting age from 21 years to The amendment was passed to give citizens of 18 years of age, the right to vote. Important Tips Sixty-third Amendment- Punjab was brought at par with the other states in respect of emergency provisions. Sixty-second Amendment- Extended the reservation of seats for the SCs and STs and special representation I. for the Anglo-Indians in the Lok Sabha and the state legislative assemblies for the further period of ten years (i.e., up to 2000). Sixtieth Amendment- Increased the ceiling of taxes on professions, trades, callings and employments from '250 per annum to '2,500 per annum

  20. #20State PCS 2022
    If'One Nation One Election' is to be realized in India, which Article of the Indian Constitution will require an amendment?
    • AArticle 83
    • BArticle 172
    • CArticle 356
    • DArticle 246 (e) None of the above/More than one of the above
    Answer: (A) Article 83
    Explanation

    Option a is the correct 330 of the Constitution of India provides of seats for Scheduled Castes in the Lok number of seats reserved for Scheduled Castes in Sabha is proportional to the population of in India. Important Tips The 104th Constitutional Amendment Act extended the reservation of seats for Scheduled Castes (SCs) and Scheduled Tribes (STs) in the Lok Sabha and state assemblies. The 104th Amendment Act removed the reserved seats for the Anglo-Indian community in the Lok Sabha and state assemblies. Article 331: President's power to nominate two members from the Anglo-Indian community to the Lok Sabha. Article 332: Reservation of seats for Scheduled Castes and Scheduled Tribes in the legislative assemblies of the states. Article Representation of the Anglo-Indian community in the legislative assemblies of the states

  21. #21State PCS 2018
    Who has authored 'Gandhian Constitution for Free India'?
    • AAruna Asaf Ali
    • BAchyut Patwardhan
    • CShriman Narayan Agarwal
    • DHumayun Kabir
    Answer: (B) Achyut Patwardhan
    Explanation

    Option b is the correct 1 is correct: The report of the commission was recommendatory nature, and any proposed need to be approved and adopted by 2 is incorrect: The National Commission the Constitution was appointed by the India in 3 is correct: The Commission was headed M.N. Venkatchelaiah, a former of 4 is incorrect: The primary task of the for reviewing the Constitution was to provisions and propose necessary amendments. scope did not specifically include socio-economic needs of the country

  22. #22Practice set
    Consider the following statements: I. Daman and Diu were acquired by India from the Portuguese by police action. 2. Sikkim was added Lo India through referendum. 3. Puducherry was administered by India as an 'acquired territory' till 1962.How many statements given above are correct?
    • AOnly one
    • BOnly two
    • CAll three
    • DNone
    Answer: (C) All three
    Explanation

    Option c is the correct 1 is correct. Goa along with Daman and Diu by India from the Portuguese by means of a in 1961. They were constituted as a union territory 12 th Constitutional Amendment Act, 1962. Later, in was conferred a statehood. Consequently, Daman was made a separate union 2 is correct. Sikkim was added to India referendum held in 1975. In 1974, Sikkim expressed for greater association with India. Accordingly, th Constitutional Amendment Act (1974) was on Sikkim the status of an 'associate state' of Union. In a referendum held in 1975, people of for the abolition of the institution of Chogyal becoming an integral part of India. Consequently, 11 Constitutional Amendment Act (1975) was enacted Sikkim a full-fledged state of the Indian Union nd 3 is correct. The French handed over comprising Puducherry, Karaikal, Mahe and Yan am) in 1954. Subsequently, it was administered as te

  23. #23Practice set
    Which of the following explains the reason behind inclusion of emergency powers in the Indian constitution? 1. To safeguard federal character of constitution 2. To safeguard unity and integrity of country 3. To safeguard Fundamental rights of citizens 4. To safeguard democratic political systemSelect the correct answer using the code given below
    • A1, 2, 3 and 4
    • B2 and 4 only
    • C1, 2 and 3 only
    • D2, 3 and 4 only
    Answer: (B) 2 and 4 only
    Explanation

    llxp) Option b is the correct emergency provisions are contained in Part XVIII Constitution of India, from Article 352 to enable the Central government to meet situation 2 and 4 are correct: The rationality incorporation of these provisions is to safeguard unity, integdty and security of the country, political system and the l is incorrect: During an emergency, Government becomes all powerful and the into total control of the Centre. It converts the into a unitary one without a formal the Constitution. Thus, emergency provisions aim not federal features, but on the contrary hinders 3 is incorrect: Under various some fundamental rights can be taken the notification of the President of India. H observed that Fundamental rights will and, as a result, the democratic foundations Constitution will be destroyed under the provisions inscribed in our Constitution

  24. #24Practice set
    Which of the following are the reasons the inclusion of emergency provisions in the Indian constitution? I. To safeguard the sovereignty, unity, integrity and security of the country. 2. To vest wide powers to centre so as to handle special situations. 3. To prevent maladministration or corruption in the country. 4. To sort out intra-party problems of the ruling party.Select the correct answer using the code given below
    • A1 and 2 only
    • B1, 2 and 3 only
    • C1, 3 and 4 only
    • D2 and 3 only
    Answer: (A) 1 and 2 only
    Explanation

    Option a is the correct l is correct. The rationale behind the emergency provisions in the Indian constitution was the sovereignty, unity, integrity and security of the democratic political system and the 2 is correct. It allows the Centre to assume so as to handle special situations. In emergency, can take full legislative and executive control of Emergency provision also allows the Centre to suspend freedom of the citizens if need 3 is incorrect. The provisions were not the Constitution to prevent maladministration in the country but to prevent the breakdown machinery. In fact, corruption is not of the criteria to impose emergency in the 4 is incorrect. It was not included to sort problems of the ruling party. It was prevent internal subversion when the government acting against the constitution

  25. #25Practice set
    Which of the following statements is/are correct with reference to the idea of Indian secularism? 1. The doctrine of essentiality is used by the Judiciary to check if any practice is integral to a religion. 2. The term 'Secular' was added to the preamble by the Forty Fourth Amendment Act. 3. A policy of the State cannot have an exclusively religious rationale.Select the correct answer using the code below
    • A1 and 2 only
    • B3 only
    • C1 only
    • D1 and 3 only
    Answer: (C) 1 only
    Explanation

    Option c is the correct l is correct. The doctrine of essentiality is that has evolved to protect the religious are essential or integral part of the 2 is incorrect. The term 'Secular' was added to by the forty-second constitution Amendment 1976. (India is a sovereign, socialist, secular, 3 is incorrect. It is a feature of Western Secularism, and not Indian Secularism. The allows for principled state intervention in The secular Indian state does not have to aspect of every religion with equal respect. It disrespect for some aspects of organised secularism has made room for and is the idea of state--supported religious reform. Thus, a policy of the state can have an exclusively Western Model, the state will not intervene in the affairs and, in the same manner, religion will not the affairs of the state. No policy of the state can have religious rationale. No religious classification the b

  26. #26Practice set
    Consider the following statements: 1. Article 3 provides for the admission of new states that are not part of the Union of India. 2. Settlement of an international boundary dispute does not require a constitutional amendment. 3. The 100th Constitutional Amendment Act of 2015 was enacted to give effect transfer of territories between India and Bangladesh.How many statements given above are correct?
    • AOnly one
    • BOnly two
    • CAll three
    • DNone
    Answer: (B) Only two
    Explanation

    Option b is the correct l is incorrect. Article 2 grants two powers to the power to admit into the Union of India new states the power to establish new first refers to the admission of states which are existence, while the second refers to the establishment which were not in existence 3 relates to the formation of or changes in states of the Union of 2 is correct. The Supreme Court in 1969 settlement of an international boundary dispute require a constitutional amendment. It can be done action as it does not involve cession of to a foreign 3 is correct. The 100th Act (2015) was enacted to give effect to of certain territories by India and transfer other territories to Bangladesh Important Tips The Supreme Court held that the power of Parliament to diminish the area of a state ( under Article 3) does not cover cession of Indian territory to a foreign country. Hence, Indian territory can b

  27. #27Practice set
    Consider the following statements with reference to the reorganization of states of India since Independence: 1. The 7th Constitutional Amendment removed the distinction between Part A and Part B states and Part C states were abolished. 2. The States Reorganization Act ( 1956) established the new state of Kerala. 3. In the States Reorganization Act 1956, the state of Bombay was divided into two separate states of Maharashtra and Gujrat.Select the correct answer using the code given below
    • A3 only
    • B2 and 3 only
    • C1 and 2 only
    • D1, 2 and 3
    Answer: (C) 1 and 2 only
    Explanation

    Option c is the correct State Reorganization Commission formed in 1953 report in 1955 to reorganize states into 16 states and l is correct: By the States Reorganization 1956) and the 7th Constitutional Amendment Act distinction between Part A and Part B states was with and Part C states were abolished. Some of merged with adjacent states and some other as union territories, As a result, 14 states and territories were created on November 1, 2 is correct: The States Reorganization established the new state of Kerala by merging State with the Malabar District of and Kasargode of South Canara (Dakshina 3 is incorrect: In the Bombay 1960 (not States Reorganization Act, 1956) of Bombay was divided into two separate for Marathi speaking people and Gujarat speaking people. Gujarat was established as state of the Indian Union

  28. #28Practice set
    Which of the following statements are incorrect regarding the Unlawful Activities Prevention Act, 1967? l. The Act provides for preventive detention of suspected individuals. 2. The Act empowers the government to designate an individual as a terrorist without trial. 3. Only Indian citizen can be tried or charged under the act. 4. The Act doesn't have the to seize property as part of investigations into terror cases.Select the correct answer using the code below
    • A1, 2 and 4 only
    • B2 and 3 only
    • C1, 3 and 4 only
    • D2, 3 and 4 only ok
    Answer: (C) 1, 3 and 4 only
    Explanation

    Option c is the correct l is incorrect. Unlawful Activities does not contain provision for preventive detention individual. The stated purpose of the National Security Act of 1980 provide for preventive detention in certain cases and connected 2 is correct. The amendments to the existing "Who may commit terrorism establishing the Act, the Centre may designate an organization terrorist organization if it commits or participates in terrorism, prepares for terrorism, promotes terrorism, otherwise involved in terrorism. The Act also the government to designate individuals on the same 3 is incorrect. Under UAPA, both Indian nationals,811 be charged. The offenders will in the same manner whether the act is performed foreign land, outside 4 is incorrect. The Act also paves the way for Investigation Agency (NIA) to seize property as investigations into terror cases. Also, while the provides for

  29. #29Practice set
    The Right to property was deleted from the list of Fundamental Rights by
    • A42nd Amendment Act
    • B44th Amendment Act
    • CAmendment Act
    • D86th Amendment Act
    Answer: (B) 44th Amendment Act
    Explanation

    Option b is the correct right to property was deleted from the list Rights by the 44th Amendment Act, 1978. made a legal right under Article 300-A in Part XII of

  30. #30Practice set
    Which of the following fundamental duties was added by the 86th Constitutional Amendment Act, 2002?
    • ADuty to pay taxes
    • BDuty to uphold and protect the sovereignty, and unity of India
    • CDuty to provide opportunities for education to children
    • DDuty to safeguard public property
    Answer: (C) Duty to provide opportunities for education to children
    Explanation

    Option c is the correct (a) is incorrect. Duty to pay taxes is not a (b) is incorrect. Duty to uphold and protect unity and integrity of India was added by Constitutional Amendment Act (c) is correct. The duty to provide education to his child or ward between the age of fourteen years was added by the 86th Act, (d) is incorrect. Duty to safeguard public to abjure violence was added by the 42nd Act (1976)

  31. #31Practice set
    What were the possible reasons for the introduction of 97th Constitutional Amendment Act of 2011, about cooperative societies in India? 1. To make cooperative societies more democratic and member oriented. 2. To nrnke it easier for multinational corporations to enter the cooperative sector. 3. To ensure the accountability of management to the members of the society. 4. To keep the co--opcratives free from unnecessary outside interferences.Select the correct answer using the code given bdow
    • A1 and 3 only
    • B1, 2 and 3 only
    • C1, 3 and 4 only
    • D1, 2, 3 and 4
    Answer: (C) 1, 3 and 4 only
    Explanation

    Option c is the correct Constitution (97th Amendment Act), 2011 for Co-operative societies in India. provided legal status and protection to societies in l is correct: Co-operatives need to run on well established democratic principles and elections held on in a free and fair manner. The Act aimed at serving the --DI of members and public at large and also ensure their autonomy, democratic functioning 2 is incorrect: There is no such provision multinational 3 Is correct: It was expected that these not only ensure the autonomous and of co-operatives, but also ensure of management to the members and 4 is correct: A strong need has been felt the Constitution to keep the co-operatives unnecessary outside interferences and to ensure organizational set up and their Important Tips Reservation in Co-operative societies The state legislature shall provide for the reservation of one seat for the S

  32. #32Practice set
    With reference to the implication of the proclamation of National emergency, consider the following statements: 1. The Centre can give executive directions to a state on any matter when emergency is in force. 2. The Parliament can make laws on any subject mentioned in the State List as the legislative power of a state legislature is suspended. 3. Suspension of normal distribution of the legislative powers between the Centre and states extends only to a state where the Emergency is in operation.How many statements given above are correct?
    • AOnly one
    • BOnly two
    • CAll three
    • DNone
    Answer: (A) Only one
    Explanation

    Option a is the correct The Emergency provisions are contained in Part XVIII Constitution, from Articles 352 to 360. Under the President can declare a national emergency security of India or a part of it is threatened by war aggression or armed l is correct. During a national emergency, power of the Centre extends to directing any the manner in which its executive power is to In times, the Centre can give to a state only on certain specified during a national emergency, the Centre to give executive directions to a state on 'any' 2 is incorrect. During a national emergency, becomes empowered to make laws on any in the State List. Although the legislative a state legislature is not suspended, it becomes subject overriding power of the laws made by Parliament on the state subjects National Emergency become inoperative six months emergency has ceased to 3 is incorrect. The 42nd Amendment Act

  33. #33Practice set
    Consider the following statements: 1. The President can declare a national emergency even before the actual occurrence of an external aggression. 2. Lok Sabha is authorised for disapproving the continuation of the proclamation of National emergency.Which of the statements given above is/ are correct?
    • A1 only
    • B2 only
    • CBoth 1 and 2
    • DNeither 1 nor 2
    Answer: (C) Both 1 and 2
    Explanation

    Option c is the correct l is correct. Under Article 352, the declare a national emergency when the security of India or a part of it is threatened by war or external armed rebellion. It may be noted that the declare a national emergency even before the of war or external aggression or armed he is satisfied that there is an imminent danger. however, can proclaim a national emergency receiving a written recommendation from the 2 is correct. Lok Sabha is authorised the continuation of the proclamation of The 44th Amendment Act of 1978 provided one-tenth of the total number of members of the give a written notice to the Speaker, a special the House should be held within 14 days for the considering a resolution disapproving the continuation proclamation. The President must revoke a the Lok Sabha passes a resolution disapproving

  34. #34Practice set
    With reference to the provisions regarding financial emergency, consider the following statements: 1. It can be imposed when the financial stability of any part of territory of India is threatened. 2. Parliamentary approval is not required for the revocation of a financial emergency. 3. Once it comes into force, the salaries and allowances of persons serving the Union is automatically reduced.How many statements given above are correct?
    • AOnly one
    • BOnly two
    • CAll three
    • DNone
    Answer: (B) Only two
    Explanation

    Option b is the correct l is correct. Article 360 empowers the proclaim a Financial Emergency if he is satisfied that has arisen due to which the financial stability of India or any part of its territory is threatened. can be imposed if such situation arises in any part of 2 is correct. A proclamation of may be revoked by the president at any time subsequent proclamation. Such a proclamation does the parliamentary there is no maximum period prescribed for and repeated parliamentary approval is for its 3 is incorrect. On the imposition of the President may issue directions (and for the reduction of salaries and (a) all or any class of persons serving the Union; and judges of the Supreme Court and the high court. So, are not automatically reduced

  35. #35Practice set
    Which of the following was not introduced by 44th Constitutional Amendment in the context of the emergency?
    • AThe term "internal disturbance" was replaced by "armed rebellion" in respect of national emergency
    • BThe President can declare a national emergency only on the written recommendation of the cabinet
    • CIt provided that the fundamental rights guaranteed by Articles 20 and 21 cannot be suspended during a national emergency
    • DIt added the provision that the of national emergency can be declared for a specified part of of India
    Answer: (D) It added the provision that the of national emergency can be declared for a specified part of of India
    Explanation

    Option dis the correct 42 nd (and not 44 th ) Constitutional Amendment added the provision that the proclamation of can be declared in a part of territory of India. of national emergency thus may be applicable entire country or only a part of it. The 42nd of 1976 enabled the president to limit the operation of Emergency to a specified part of India. Important Tips The 44 th Constitutional Amendment did the following changes in context to emergency: The term "internal disturbance" was replaced by "armed rebellion" in respect of national emergency. The President can declare a national emergency only on the written recommendation of the cabinet. It provided that the fundamental rights guaranteed by Articles 20 and 21 cannot be suspended during a national emergency

  36. #36Practice set
    It'eference to the pmdamation of the national em_ergency in India, consider the following statements. l. The First national emergency was proclaimed in wake ofindo-Pakistan War of 1965. 2. The National Emergency of 1975 was proclaimed on the ground of internal disturbances. 3. The Bihar Movement was a peaceful protest launched by the opposition parties after the National Emergency of 1975 was declared.How many statements given above are correct?
    • AOnly one
    • BOnly two
    • CAll three
    • DNone
    Answer: (A) Only one
    Explanation

    Option a is the correct Article 352, the President can declare a when the security of India or a part of it by war or external aggression or armed internal disturbances). Its history of invoking is l is incorrect. Since Independence, Emergency has been proclaimed (1962, 1971 The first two proclamations (1962 and 1971) on the ground of 'external 2 is correct. The 1975 National declared on 25 June 1975. It was made on the 'internal disturbance', that is, certain persons inciting the police and the armed forces against of their duties and their normal functioning. Jayaprakash in a massive demonstration in grounds on 25 June 1975 asked the army, the government employees not to obey "illegal and 3 is incorrect. The Bihar Movement was a initiated by students in the Indian state of 197 4. It was launched before emergency were Bihar Movement (1974-75) under the leadership Narayan aimed at a 'Tot

  37. #37Practice set
    Consider the following statements with reference to the National emergency: 1. During a national emergency, the President becomes empowered to make laws on any subject mentioned in the State List. 2. Every resolution approving the proclamation of emergency must be passed by either House of Parliament by a special majority.Which of the statements given above is/are correct?
    • A1 only
    • B2 only
    • CBoth 1 and 2
    • DNeither 1 nor 2
    Answer: (B) 2 only
    Explanation

    Option bis the correct Article 352, the President can declare a when the security of India or a part of it by war or external aggression or armed l is incorrect: During a national Parliament becomes empowered to make laws on mentioned in the State List. Although the of a state legislature is not suspended, it to the overriding power of the Parliament. Thus, distribution of the legislative powers between and states is suspended, though the state not suspended. In brief, the Constitution becomes than 2 is correct: Every resolution approving of emergency or its continuance must by either House of Parliamenl by a spcdal majority of the total membership of that house, majority of not less than two-thirds of the members of present and voting. This special majority provision by the 44th Amendment Act of 1978. resolution could be passed by a simple majority of

  38. #38Practice set
    With reference to consequences of the financial emergency, consider the following the statements: 1. The President may order any state to reduce salaries of its all employees. 2. The Union government gains authority over states with respect to financial matters. 3. The parliament gets empowered to pass money bills of any state.How many statements given above are correct?
    • AOnly one
    • BOnly two
    • CAll three
    • DNone
    Answer: (B) Only two
    Explanation

    Option bis the correct 1 is correct: During the financial emergency, can issue directions for the reduction of allowances of all or any class of persons serving state. The President may also issue directions for of salaries and allowances of all or any class serving the Union, including the judges of Court and the high 2 is correct: During financial emergency, government acquires full control over the states matters. The executive authority of the to the giving directions to any st ate to observe of financial propriety as may be specified in 3 is incorrect: The parliament does not to pass money bills of a state. The President direct to reserve all money bills or other for his/her consideration after they are passed by of the state. Important Tips Article 360 of the Indian Constitution empowers the President to invoke financial emergency. A proclamation declaring financial emergency must

  39. #39Practice set
    With reference to the various important provisions of the Indian constitution, consider the following pairs:Artide No Subject Matter 1. Article 352 Imposition of National Emergency 2. Article 356 Duty of Union to protect States against external aggression internal disturbance 3. Article 360 Failure of constitutional machinery in states 4. Article 365 Effect of failure to comply with directions given by the Union to statesHow many pairs given above are correctly matched?
    • AOnly one pair
    • BOnly two pairs
    • COnly three pairs
    • DAll four pairs
    Answer: (B) Only two pairs
    Explanation

    Option b is the correct l is correct: Article 352 deals with the imposition Emergency. According to it, the President Naliuual Emergency when the security of India part of it is threatened by war, or external aggression 2 is incorrect: Article 356 declares the effect failure of constitutional machinery in a state, Rule/ State emergency. It is Article 355, with the duty of the Union to protect states aggression internal disturbance and ensure in each state is carried on according to of the 3 is incorrect: Article 360 deals with the situations in which a Financial Emergency may in entire India or a part 4 is correct: Article 365 says that the states are follow the directions given by the Union Executive. llie slalc wilfully ignores these directions, it will be mean a breakdown of constitutional machinery in and will make it liable to be declared under State Emergency }

  40. #40Practice set
    Consider the statement given below as quoted from the Constituent Assembly debates and answer the question that follows: "These provisions are meant to ensure that all our efforts all these years spent in Constitution-making may not go in vain and those people who will be in power in the future would be adequately empowered to save the Constitution:' Which of the following provisions of the Constitution is being referred to in the above statement?
    • AAppointment of Governor
    • BPowers of the Election Commission of India
    • CEmergency provisions
    • DConstitution of Finance Commission
    Answer: (C) Emergency provisions
    Explanation

    Option c is the cmrrect answer. The Constituent Assembly had differing opinions over the inclusion of emergency provisions in the Constitution of India. H.V. Kamath observed that "I fear that by this single chapter we are seeking a totalitarian state, a police state, a state completely opposed to all the ideals and principles that we have held aloft." T. T. Krishnamachari, a member of the Drafting Committee, defended the inclusion of emergency provisions in the Constitution. He said, "that all our efforts all these years spent in Constitution-making may not go in vain and those people who will be in power in the future would be adequately empowered to save the Constitution."

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