⚖️ Polity & Constitution — Practice Set
50 Indian Polity &
Constitution Q&A 2026
Complete practice set for UPSC & MPSC aspirants — Constitution, Fundamental Rights, Parliament, Judiciary, Emergency, Amendments, Local Bodies & Constitutional Bodies. Every answer fully explained.
50
Q&A with full explanations
15–20
Polity Qs in Prelims every year
10
Topic categories covered
448
Articles in Constitution
12
Schedules in Constitution
Indian Polity and Constitution is the most scoring section in both UPSC and MPSC Prelims — contributing 15–20 questions every year. Questions are mostly conceptual, article-based, and directly from the Constitution. This complete 50 Q&A set covers every major topic — from the Preamble to Constitutional Bodies — with every answer fully explained so you understand the why, not just the what.
Part A — Constitution: Making, Features & Preamble
Q 1–8
1
The Preamble of the Indian Constitution was amended by which Constitutional Amendment to add the words "Socialist", "Secular", and "Integrity"?
Answer
42nd Constitutional Amendment Act, 1976 (during Emergency under PM Indira Gandhi) added "Socialist", "Secular", and "Integrity" to the Preamble. The original Preamble (1950) had "Sovereign Democratic Republic." After 1976: "Sovereign Socialist Secular Democratic Republic." The word "Integrity" was added to "Unity and Integrity of the Nation."
2
The "Basic Structure Doctrine" of the Indian Constitution was established by which landmark Supreme Court judgment?
Answer
Kesavananda Bharati v. State of Kerala (1973) — a 13-judge bench of the Supreme Court held that while Parliament can amend the Constitution under Article 368, it cannot alter its "Basic Structure." Basic Structure includes: Supremacy of Constitution, Republican & Democratic form, Secular character, Separation of Powers, Federal character, Judicial Review, Fundamental Rights. This overruled the Golak Nath case (1967).
3
Who was the Chairman of the Drafting Committee of the Indian Constitution?
Answer
Dr. B.R. Ambedkar was the Chairman of the Drafting Committee of the Indian Constitution. The Constituent Assembly was set up in December 1946 under the Cabinet Mission Plan. Dr. Rajendra Prasad was the President of the Constituent Assembly. The Constitution was adopted on 26 November 1949 and came into force on 26 January 1950 (celebrated as Republic Day).
4
How many Schedules does the Indian Constitution currently have, and what does the Tenth Schedule deal with?
Answer
The Constitution originally had 8 Schedules; currently it has 12 Schedules. The Tenth Schedule was added by the 52nd Amendment (1985) and deals with the Anti-Defection Law — disqualification of members of Parliament and State Legislatures on grounds of defection from their political party. The 91st Amendment (2003) strengthened it by limiting the size of the Council of Ministers.
5
The concept of "Parliamentary Government" and "Cabinet System" in India has been borrowed from which country's Constitution?
Answer
United Kingdom (Britain) — Parliamentary form of government, Cabinet system, collective responsibility of Cabinet, nominal head of state (President), bicameral Parliament, and Prime Ministerial form of government are all borrowed from the British Constitution. India borrowed Fundamental Rights from the USA, DPSP from Ireland, Emergency provisions from Germany (Weimar), and the Federal structure from Canada.
6
What is a "Constitution Amendment Bill" that requires ratification by at least half of the State Legislatures called, and under which Article?
Answer
Under Article 368, certain constitutional amendments require a Special Majority of Parliament (two-thirds of members present and voting AND majority of total membership in each House) PLUS ratification by at least half of the State Legislatures. This applies to amendments affecting: Distribution of legislative powers between Centre and States, Representation of States in Parliament, provisions of Article 368 itself, and election of the President. This makes the Indian Constitution neither purely rigid nor purely flexible.
7
India is described as a "Union of States" and NOT a "Federation of States." What is the key significance of this distinction?
Answer
The term "Union of States" (Article 1) was deliberately chosen over "Federation" by Dr. Ambedkar to indicate: (1) The Indian federation is not a result of agreement between states — it is created by the Constitution itself. (2) States cannot secede from the Union — no right to separation. (3) The Union is indestructible: Parliament can create, merge, alter, or abolish states (Article 3) by a simple majority. India is thus described as a "Quasi-federal" state — federal in form but unitary in spirit.
8
What is the Ninth Schedule of the Indian Constitution, and can laws placed in it be subjected to Judicial Review?
Answer
The Ninth Schedule was added by the First Constitutional Amendment (1951) to protect certain laws related to land reform and zamindari abolition from judicial challenge. Laws placed in this Schedule are generally immune from Fundamental Rights challenge. However, in I.R. Coelho v. State of Tamil Nadu (2007), the Supreme Court held that laws added to the Ninth Schedule after 24 April 1973 (date of Kesavananda Bharati judgment) can be subjected to Judicial Review if they violate Basic Structure or Fundamental Rights.
Part B — Fundamental Rights (Articles 12–35)
Q 9–17
9
Dr. Ambedkar called Article 32 the "Heart and Soul of the Constitution." What does it provide for?
Answer
Article 32 guarantees the Right to Constitutional Remedies — the right to move the Supreme Court for enforcement of Fundamental Rights. It empowers the SC to issue five writs: Habeas Corpus (release from unlawful detention), Mandamus (command to perform duty), Prohibition (stop inferior court from exceeding jurisdiction), Certiorari (quash order of lower court), Quo Warranto (challenge to public office). Article 226 gives similar power to High Courts, but Article 32 is a Fundamental Right itself — Article 226 is not.
10
Article 19(1)(a) guarantees Freedom of Speech and Expression. Is the Right to Information (RTI) derived from this Article?
Answer
Yes — the Supreme Court in Secretary, Ministry of Information v. Cricket Association of Bengal (1995) and later judgments held that the Right to Information is implicit in Article 19(1)(a) (freedom of speech and expression). The RTI Act 2005 gave this right statutory recognition. Similarly, Article 19(1)(a) has been held to include the right to know, right to broadcast, right to internet access (Anuradha Bhasin case, 2020). However, reasonable restrictions under Article 19(2) apply.
11
How has the Supreme Court expanded the scope of Article 21 (Right to Life and Personal Liberty) beyond its literal meaning?
Answer
Article 21 originally just protected life from arbitrary state action. The SC in Maneka Gandhi v. Union of India (1978) greatly expanded it — "life" means more than mere animal existence; it includes the right to live with human dignity. Since then, courts have read into Article 21: Right to education (now Article 21A), right to health, right to livelihood, right to privacy (Puttaswamy case 2017), right to a clean environment, right to die with dignity, right to speedy trial. It is now the most expansive Fundamental Right.
12
Article 17 of the Constitution abolishes untouchability. Is it enforceable against private individuals as well?
Answer
Yes — Article 17 is one of the few Fundamental Rights that is enforceable both against the State and private individuals. "Untouchability" is abolished and its practice in any form is forbidden. The practice of untouchability is made an offence punishable by law. Parliament enacted the Protection of Civil Rights Act, 1955 (formerly Untouchability Offences Act) and the SC/ST (Prevention of Atrocities) Act, 1989 to give effect to this provision.
13
What is the difference between Articles 15 and 16 of the Constitution? Are they available only to citizens?
Answer
Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth — applies to both citizens AND non-citizens. It is a negative right (state shall NOT discriminate). Article 16: Equality of opportunity in matters of public employment — available ONLY to citizens. It allows reservations for backward classes. Key: Article 16(4) enables reservation in appointments for backward classes not adequately represented. The 103rd Amendment (2019) added Article 16(6) for 10% EWS reservation.
14
The Right to Property was originally a Fundamental Right. Under which Amendment was it removed, and what is its current status?
Answer
The Right to Property (originally Article 19(1)(f) and Article 31) was a Fundamental Right until the 44th Constitutional Amendment Act, 1978, which removed it from Part III. It was converted into a mere Constitutional / Legal Right under Article 300A: "No person shall be deprived of his property save by authority of law." Since it is no longer a Fundamental Right, one cannot move the Supreme Court under Article 32 for its enforcement — only a High Court under Article 226.
15
Which Constitutional Amendment made the Right to Education a Fundamental Right, and for which age group does it apply?
Answer
The 86th Constitutional Amendment Act, 2002 inserted Article 21A, making free and compulsory education a Fundamental Right for children aged 6 to 14 years. The Right to Education (RTE) Act, 2009 gave statutory backing to this right. The same amendment also amended Article 45 (DPSP) to shift early childhood care to children below 6 years, and added Article 51A(k) — duty of parents to provide education to their children.
16
List the six Fundamental Rights guaranteed by the Indian Constitution and the key Articles associated with each.
Answer
1. Right to Equality — Articles 14–18 (equal protection before law, no discrimination, equality of opportunity, abolition of untouchability, abolition of titles)
2. Right to Freedom — Articles 19–22 (6 freedoms under 19, protection against double jeopardy under 20, right to life under 21, right to education under 21A, protection against arbitrary arrest under 22)
3. Right against Exploitation — Articles 23–24 (prohibition of trafficking, forced labour, child labour in factories/mines below 14 years)
4. Right to Freedom of Religion — Articles 25–28 (freedom of conscience, religious affairs, tax for religion, religious instruction in state institutions)
5. Cultural and Educational Rights — Articles 29–30 (protection of interests of minorities, right to establish educational institutions)
6. Right to Constitutional Remedies — Article 32 (Ambedkar's "Heart and Soul")
2. Right to Freedom — Articles 19–22 (6 freedoms under 19, protection against double jeopardy under 20, right to life under 21, right to education under 21A, protection against arbitrary arrest under 22)
3. Right against Exploitation — Articles 23–24 (prohibition of trafficking, forced labour, child labour in factories/mines below 14 years)
4. Right to Freedom of Religion — Articles 25–28 (freedom of conscience, religious affairs, tax for religion, religious instruction in state institutions)
5. Cultural and Educational Rights — Articles 29–30 (protection of interests of minorities, right to establish educational institutions)
6. Right to Constitutional Remedies — Article 32 (Ambedkar's "Heart and Soul")
17
How many Fundamental Duties are there in the Indian Constitution, and which Amendment added them?
Answer
Originally 10 Fundamental Duties were added by the 42nd Amendment (1976) under Article 51A based on the Swaran Singh Committee recommendation. The 86th Amendment (2002) added an 11th duty — duty of parents/guardians to provide education to children between 6–14 years of age. Total: 11 Fundamental Duties under Article 51A. They are not justiciable (cannot be enforced by court), but courts can use them to determine the constitutionality of laws.
Part C — DPSP, Parliament & Centre–State Relations
Q 18–28
18
Directive Principles of State Policy (DPSP) in India are inspired from which country's Constitution, and why are they not justiciable?
Answer
Ireland — DPSPs were inspired by the Irish Constitution of 1937 (which itself borrowed from the Spanish Constitution). DPSPs are enshrined in Part IV (Articles 36–51) of the Indian Constitution. They are not justiciable — they cannot be enforced by any court (Article 37 explicitly states this). However, they are fundamental in governance — it shall be the duty of the State to apply these principles in making laws. The Supreme Court has held that DPSPs and Fundamental Rights must be read harmoniously.
19
What is the difference between a "Money Bill" and a "Financial Bill" in Parliament, and who decides if a Bill is a Money Bill?
Answer
A Money Bill (Article 110) deals exclusively with taxation, government borrowing, expenditure from Consolidated Fund, audit, etc. It can only be introduced in Lok Sabha. Rajya Sabha can only make recommendations (which LS can reject); RS has 14 days. A Financial Bill may contain Money Bill provisions but also other matters — it needs the President's recommendation and follows ordinary legislative procedure. The Speaker of Lok Sabha has the final and conclusive authority to certify whether a Bill is a Money Bill — this decision cannot be challenged in court.
20
The Rajya Sabha is described as a "Permanent House." What does this mean, and who presides over it?
Answer
The Rajya Sabha is a permanent body that cannot be dissolved — unlike Lok Sabha which can be dissolved by the President. One-third of its members retire every two years. Total strength: 250 members (238 elected by State/UT legislatures + 12 nominated by President for expertise in literature, science, art, social service). The Vice-President of India is the ex-officio Chairman of Rajya Sabha and presides over its sessions. A Deputy Chairman is elected by RS members from among themselves.
21
What is the maximum strength of the Lok Sabha, and who was the first Speaker of the Lok Sabha?
Answer
The maximum strength of Lok Sabha is 552 members — 530 from States + 20 from Union Territories + 2 nominated (Anglo-Indian community — this nomination provision was removed by 104th Amendment, 2020). Currently the elected strength is capped at 543 constituencies. The first Speaker of Lok Sabha was G.V. Mavalankar (1952–56). The Speaker is elected by members of Lok Sabha. The Speaker and Deputy Speaker vacate office on dissolution of Lok Sabha.
22
Under what conditions can a Joint Sitting of both Houses of Parliament be convened, and who presides over it?
Answer
A Joint Sitting (Article 108) is convened by the President when: (1) A Bill is rejected by one House; (2) Houses disagree on amendments; (3) More than 6 months have elapsed since Bill was passed by one House and not passed by the other. The Speaker of Lok Sabha presides over a Joint Sitting. A Joint Sitting cannot be held for: Money Bills, Constitutional Amendment Bills, or Finance Bills. It has been convened only 3 times in Indian history (Dowry Prohibition Bill 1961, Banking Service Commission Repeal Bill 1978, Prevention of Terrorism Bill 2002).
23
What are the three types of Emergency under the Indian Constitution, and under which Articles are they proclaimed?
Answer
1. National Emergency (Article 352) — Proclaimed by President on grounds of war, external aggression, or armed rebellion (earlier: internal disturbance — changed by 44th Amendment). Fundamental Rights under Article 19 stand suspended. Must be approved by special majority.
2. President's Rule / State Emergency (Article 356) — Imposed when constitutional machinery in a State fails. Popularly called "President's Rule." The 44th Amendment requires President to receive Council of Ministers' advice in writing.
3. Financial Emergency (Article 360) — When the financial stability of India or any part is threatened. Has NEVER been proclaimed in India so far.
2. President's Rule / State Emergency (Article 356) — Imposed when constitutional machinery in a State fails. Popularly called "President's Rule." The 44th Amendment requires President to receive Council of Ministers' advice in writing.
3. Financial Emergency (Article 360) — When the financial stability of India or any part is threatened. Has NEVER been proclaimed in India so far.
24
The Seventh Schedule of the Constitution divides legislative powers between Centre and States. Explain the three lists.
Answer
The Seventh Schedule has three lists: (1) Union List (List I) — 100 subjects on which only Parliament can legislate: defence, foreign affairs, currency, railways, banking, atomic energy. (2) State List (List II) — 61 subjects on which State Legislatures legislate: police, public order, agriculture, public health, local government. (3) Concurrent List (List III) — 52 subjects on which both can legislate: education, forests, marriage, bankruptcy, criminal law. In case of conflict on Concurrent List, Central law prevails (Article 254). Note: Originally the lists had 97, 66, and 47 subjects respectively.
25
The GST Council was set up under which Article of the Constitution, and what is its composition?
Answer
The GST Council (Article 279A) was inserted by the 101st Constitutional Amendment Act, 2016. Composition: (1) Union Finance Minister — Chairperson; (2) Union Minister of State for Finance; (3) Finance Ministers of all States. Decisions by 3/4th majority — Centre has 1/3 vote, States collectively have 2/3 vote. The GST Council recommends GST rates, exemptions, threshold limits. In the Supreme Court's Union of India v. Mohit Mineral (2022) judgment, the Court held that GST Council recommendations are not binding on the Centre/States — they are persuasive.
26
What is the Finance Commission of India, under which Article is it constituted, and how often is it set up?
Answer
The Finance Commission (Article 280) is a quasi-judicial constitutional body constituted by the President every 5 years (or earlier). It recommends: Distribution of net tax revenues between Centre and States (vertical devolution), allocation among States (horizontal devolution), grants-in-aid to States, and measures to augment State finances. The 15th Finance Commission (2020–26) was chaired by N.K. Singh and recommended 41% devolution to States (reduced from 42% of 14th FC due to J&K becoming a UT). The 16th Finance Commission has been constituted for 2026–31.
27
Under the Anti-Defection Law (Tenth Schedule), when is a member of Parliament or State Legislature disqualified?
Answer
A member is disqualified under the Tenth Schedule (52nd Amendment, 1985) when: (1) Voluntarily gives up party membership; (2) Votes or abstains contrary to party direction without prior permission (whip violation); (3) An independently elected member joins a party after election; (4) A nominated member joins a party after 6 months of taking seat. Exemption: A merger is NOT defection if at least 2/3rd of the party's legislature party merges with another party. The Speaker/Chairman decides disqualification — but the Supreme Court can review this in cases of mala fide or violation of natural justice.
28
The President can promulgate Ordinances under Article 123. What are the limitations on this power?
Answer
Under Article 123, the President can promulgate an Ordinance when Parliament is NOT in session and circumstances require immediate action. Limitations: (1) Must be laid before Parliament when it reassembles; (2) Ceases to operate after 6 weeks of Parliament reassembling unless approved; (3) Can be withdrawn anytime by President. An Ordinance cannot be used to: amend the Constitution, repeal a parliamentary law, or circumvent the legislative process (Supreme Court in D.C. Wadhwa v. State of Bihar 1987 held re-promulgation of Ordinances is unconstitutional fraud on Constitution). Governor has similar power under Article 213 for States.
Part D — Union Executive, Judiciary & Constitutional Bodies
Q 29–40
29
How is the President of India elected, and what is the concept of "Single Transferable Vote"?
Answer
The President is elected by an Electoral College consisting of elected members of both Houses of Parliament + elected members of all State Legislative Assemblies (+ Delhi and Puducherry MLAs after 70th Amendment). The method is Proportional Representation by Single Transferable Vote (STV) with secret ballot. Each MP/MLA has votes equal to the ratio of state population to elected MLAs (each MLA's vote value = state population ÷ total elected MLAs ÷ 1000). Each MP's vote value = total MLA votes of all states ÷ total elected MPs. This ensures equal weightage between Parliament and State Assemblies.
30
Article 74 says the President shall act on the advice of the Council of Ministers. Is the President bound by this advice?
Answer
Yes — the 44th Amendment (1978) made Article 74 explicit: the President can send advice back once for reconsideration, but is bound to act on the reconsidered advice. India has a parliamentary system where the President is a constitutional/nominal head — real executive power lies with the Prime Minister and Council of Ministers. The President acts on advice for: appointment of PM, dissolution of Lok Sabha, proclamation of Emergency, giving assent to Bills. However, discretionary powers exist — e.g., appointing PM when no clear majority.
31
The Governor of a State has both constitutional and discretionary powers. Name three key discretionary powers of the Governor.
Answer
Discretionary powers of the Governor: (1) Appointment of Chief Minister when no party has clear majority — Governor uses own judgment. (2) Dismissal of Council of Ministers if it has lost confidence but refuses to resign. (3) Reservation of a Bill for President's consideration (Article 200) — can do so without CM's advice. (4) Seeking information from CM about state administration. (5) Report to President about breakdown of constitutional machinery in the State (triggers Article 356). The Governor is appointed by the President and holds office "during the pleasure of the President."
32
What is the "Collegium System" for appointment of Supreme Court and High Court judges, and is it mentioned in the Constitution?
Answer
The Collegium System is NOT mentioned in the Constitution — it evolved through three Supreme Court cases called the "Three Judges Cases": (1) S.P. Gupta (1982), (2) Supreme Court Advocates-on-Record (1993), (3) Re: Presidential Reference (1998). Currently, the SC Collegium consists of the Chief Justice of India + 4 senior-most Judges. The President appoints judges on the collegium's recommendation — and must accept the recommendation if it is reiterated. The 99th Constitutional Amendment (2014) tried to create a National Judicial Appointments Commission (NJAC) but the SC struck it down in 2015 as violating Basic Structure.
33
What is "Judicial Review" in India and how is it different from the USA's concept of Judicial Review?
Answer
Judicial Review in India is the power of courts (Supreme Court and High Courts) to examine the constitutionality of legislative and executive actions. Articles 13, 32, 131–136, 143, 226, 245–246, 251–254, and 372 collectively provide for Judicial Review in India. India vs USA: In the USA, Judicial Review is much stronger — the SC can strike down any law violating the Constitution including constitutional amendments. In India, Judicial Review is limited — Parliament CAN amend the Constitution under Article 368, but cannot violate the Basic Structure. India's version is thus called "limited Judicial Review."
34
The Comptroller and Auditor General (CAG) of India is described as the "guardian of the public purse." Under which Article is the CAG established?
Answer
The CAG is established under Article 148 of the Constitution. The CAG is appointed by the President and can be removed only by the same process as a Supreme Court Judge (address by both Houses of Parliament on grounds of proved misbehaviour or incapacity). The CAG audits: all accounts of the Union and State governments; all accounts relating to the Consolidated Fund of India; and accounts of any body or authority maintained from government funds. Reports go to the President (for Union) and Governors (for States), who then place them before Parliament/State Legislatures.
35
The Election Commission of India (ECI) is a Constitutional Body under Article 324. Is it a single-member or multi-member body?
Answer
The ECI under Article 324 originally had a single Chief Election Commissioner (CEC). The President can appoint Election Commissioners (ECs) — making it a multi-member body. Currently it has 1 CEC + 2 ECs. The CEC can only be removed like a Supreme Court judge (impeachment). ECs can be removed on the recommendation of the CEC. The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 created a new selection committee (PM + Cabinet Minister + Leader of Opposition) for appointments — this was challenged in the Supreme Court.
36
What is the Union Public Service Commission (UPSC), and what happens to UPSC's reports and recommendations?
Answer
The UPSC (Article 315) is a Constitutional Body that conducts examinations for civil services, advises on recruitment, promotions, transfers, disciplinary matters. The Chairman and members are appointed by the President. They can be removed only by the President on grounds of misbehaviour (after Supreme Court inquiry). The UPSC submits its Annual Report to the President, who causes it to be laid before each House of Parliament. The Central government must explain cases where UPSC's advice was NOT accepted. The UPSC does NOT deal with: technical posts (ISRO, DRDO), Group C and D posts, temporary appointments.
37
What is the difference between the Attorney General of India and the Solicitor General of India?
Answer
The Attorney General (AG) is the highest law officer of India, appointed by the President under Article 76. He must be qualified to be a Judge of the Supreme Court. He has the right of audience in all courts across India. He is not a full-time government servant — can engage in private practice. He presents cases before courts on behalf of the Government of India. The Solicitor General is the second most senior law officer but is NOT a Constitutional post — it is a statutory/executive post. Both are assisted by Additional Solicitor Generals.
38
The 73rd and 74th Constitutional Amendments (1992) constitutionalised Panchayati Raj and Urban Local Bodies. What is the Eleventh Schedule?
Answer
The 73rd Amendment (1992) inserted Part IX (Articles 243 to 243-O) and the 11th Schedule (29 subjects for Panchayats). The 74th Amendment inserted Part IX-A and 12th Schedule (18 subjects for urban municipalities). Key provisions of 73rd Amendment: Three-tier Panchayat system (Village, Intermediate, District); elections every 5 years; reservation for SC/ST and women (1/3 minimum, now many states have 50%); State Election Commission; State Finance Commission. These amendments gave constitutional status to local self-government — described as the "third tier" of democracy.
39
The National Human Rights Commission (NHRC) is a statutory body. Is it a Constitutional Body? Who heads it?
Answer
The NHRC is a statutory body (NOT constitutional) — established under the Protection of Human Rights Act, 1993. It is headed by a retired Chief Justice of India (Chairperson). Other members include retired SC judges. The NHRC can: investigate complaints of human rights violations; visit jails and detention centres; review constitutional/legal safeguards; recommend compensation to victims. However, NHRC recommendations are not binding — they are advisory. The NHRC cannot investigate: complaints against armed forces; complaints more than 1 year old (usually); and cannot look into matters before State Commissions.
40
The Lokpal and Lokayukta Act was passed in which year, and what is the constitutional basis for the Lokayukta institution?
Answer
The Lokpal and Lokayuktas Act, 2013 provided for a national anti-corruption ombudsman. The Lokpal can investigate complaints against the Prime Minister, Ministers, MPs, and senior bureaucrats. The first Lokpal of India was Justice Pinaki Chandra Ghose (appointed 2019). The Lokayukta at the State level has NO constitutional basis — it is established by State laws. However, the DPSP under Article 39A (free legal aid, equal justice) and the 2013 Act nudge states toward establishing Lokayuktas. Maharashtra established India's first Lokayukta in 1971.
Part E — Key Amendments, Special Provisions & Important Articles
Q 41–50
41
Why is the 42nd Constitutional Amendment (1976) called the "Mini Constitution"?
Answer
The 42nd Amendment (1976) is called "Mini Constitution" because it made the most sweeping changes in the Constitution since its adoption: (1) Added "Socialist", "Secular", "Integrity" to Preamble; (2) Added 10 Fundamental Duties; (3) Made certain DPSP prevail over Fundamental Rights; (4) Extended Lok Sabha and State Assembly terms to 6 years; (5) Added three new subjects to Concurrent List (education, forests, weights & measures); (6) Curtailed power of judicial review; (7) Empowered Parliament to deploy armed forces in any State. Most of these were reversed by the 44th Amendment (1978) under Janata Government.
42
What was Article 370 of the Indian Constitution, and what happened to it in 2019?
Answer
Article 370 gave special status to Jammu & Kashmir — restricting Parliament's power to legislate for J&K except on Defence, External Affairs, Finance and Communications. On 5 August 2019, the Union Government issued a Presidential Order under Article 370(3) effectively rendering the entire Article inoperative (abrogated it). J&K was bifurcated into two Union Territories: Jammu & Kashmir (with legislature) and Ladakh (without legislature). The Supreme Court upheld this in December 2023 but noted it was a temporary provision. Article 35A (which gave J&K residents exclusive rights) was also removed.
43
The Supreme Court in S.R. Bommai v. Union of India (1994) laid down landmark guidelines on the use of Article 356. What were the key holdings?
Answer
The S.R. Bommai case (1994) is the most important judgment on President's Rule (Article 356). Key holdings: (1) The Proclamation under Article 356 is subject to Judicial Review (previously thought non-justiciable); (2) The floor test must be conducted before dismissing a government; (3) Until Parliament approves the Proclamation, the President can only suspend the State Assembly — NOT dissolve it; (4) The power under Article 356 must not be used for political purposes — it is to be used only when constitutional governance genuinely fails; (5) Secularism is part of the Basic Structure — dissolution on grounds of minority persecution is valid.
44
The Citizenship Amendment Act (CAA) 2019 granted expedited citizenship to refugees from three countries and three religions. What are they?
Answer
The Citizenship Amendment Act (CAA), 2019 amended the Citizenship Act, 1955 to grant fast-track Indian citizenship to persecuted religious minorities from Pakistan, Bangladesh, and Afghanistan who entered India before December 31, 2014. The eligible religions are: Hindu, Sikh, Buddhist, Jain, Parsi, and Christian (six minority religions from Islamic-majority countries). Muslims are NOT included. The residency requirement for citizenship was reduced from 11 years to 5 years for these groups. Rules were notified in March 2024 and the scheme went live.
45
What is the key difference between a writ petition filed under Article 32 (Supreme Court) and Article 226 (High Court)?
Answer
Article 32 (SC): Available only for enforcement of Fundamental Rights; the SC is under a duty to issue writs if Fundamental Rights are violated; it is itself a Fundamental Right; SC can issue writs only within India's territory.
Article 226 (HC): HCs can issue writs for enforcement of Fundamental Rights AND for "any other purpose" (wider jurisdiction); it is NOT a Fundamental Right — it is a constitutional provision; HC can refuse at its discretion; HC can also issue writs for statutory rights and legal rights. Both can issue all five writs. In practice, petitioners go to SC directly (bypassing HC) only in urgent or nationwide matters.
Article 226 (HC): HCs can issue writs for enforcement of Fundamental Rights AND for "any other purpose" (wider jurisdiction); it is NOT a Fundamental Right — it is a constitutional provision; HC can refuse at its discretion; HC can also issue writs for statutory rights and legal rights. Both can issue all five writs. In practice, petitioners go to SC directly (bypassing HC) only in urgent or nationwide matters.
46
What are the exclusive/special powers of the Rajya Sabha under the Constitution that the Lok Sabha does NOT have?
Answer
Exclusive powers of Rajya Sabha: (1) Article 249: RS can empower Parliament to legislate on State List subjects by passing a resolution with 2/3rd special majority — it protects national interest over state subjects. (2) Article 312: RS can create new All-India Services by passing a resolution with 2/3rd special majority. (3) RS cannot be dissolved — it gives continuity and permanence to Parliament even after Lok Sabha dissolution. These make RS the "champion of federalism" — though its power is less than LS in money matters and forming government.
47
What is the Inter-State Council, under which Article is it established, and who is its Chairman?
Answer
The Inter-State Council (Article 263) is a constitutional body set up to inquire into disputes between states, investigate and discuss subjects of common interest between Centre and States, and make recommendations. It is chaired by the Prime Minister. Members: All Chief Ministers, 6 Cabinet Ministers of the Union Government, Administrators of UTs without legislature. It is NOT a permanent body — it met after very long gaps (first constituted 1990, met rarely). Differentiate from: Zonal Councils (statutory, not constitutional; 5 zones; chaired by Home Minister).
48
The 103rd Constitutional Amendment (2019) introduced 10% reservation for Economically Weaker Sections (EWS). Is it valid?
Answer
The 103rd Constitutional Amendment, 2019 inserted Articles 15(6) and 16(6) to provide 10% reservation in educational institutions and government jobs for Economically Weaker Sections (EWS) among the unreserved (general) category. In Janhit Abhiyan v. Union of India (November 2022), the Supreme Court upheld the 103rd Amendment by a 3:2 majority. The Court held it did not violate the Basic Structure — it was not detrimental to other reserved categories as it carved out new 10% quota from unreserved seats. Annual family income below ₹8 lakh + no 5-acre land = EWS eligibility.
49
In August 2024, a 7-judge Constitution Bench of the Supreme Court gave a landmark judgment on sub-classification of SC/ST reservations. What was the ruling?
Answer
In State of Punjab v. Davinder Singh (August 2024), a 7-judge bench of the Supreme Court (6:1 majority) held that States CAN sub-classify SC and ST categories to give preference to the most backward among them. This overruled the earlier E.V. Chinnaiah (2004) judgment which had said SCs are a homogeneous group and cannot be sub-divided. The 2024 ruling allows states to allocate a quota within the SC/ST quota for extremely backward sub-groups, but cannot exclude any community from the list entirely. This judgment has wide implications for states like Punjab, Andhra Pradesh, and Tamil Nadu that had attempted sub-classification.
50
When was the Right to Privacy recognised as a Fundamental Right in India, and under which Article does it derive its protection?
Answer
A 9-judge Constitution Bench of the Supreme Court unanimously declared the Right to Privacy as a Fundamental Right in Justice K.S. Puttaswamy (Retd.) v. Union of India, 2017. The Court held that privacy is intrinsic to life and dignity and is protected under Articles 14, 19, and 21 of the Constitution. This overruled earlier judgments (M.P. Sharma 1954 and Kharak Singh 1962) that had held privacy was not a fundamental right. The judgment also validated the Aadhaar project in principle while setting privacy limits on its use. It paved the way for India's Digital Personal Data Protection Act (2023).
🎯 How Many Did You Know?
Rate yourself — 40+ means you're Prelims-ready on Polity!
50 / 50
40–50 correct: Excellent | 30–40: Good — revisit constitutional bodies | Below 30: Re-read Laxmikanth Chapters 1–20
Recommended Books
M. Laxmikanth "Indian Polity" + DD Basu "Introduction to the Constitution" + Subhash Kashyap "Our Constitution"
The definitive trio for UPSC & MPSC Polity preparation. Laxmikanth for comprehensive coverage, DD Basu for constitutional law depth. Available on Amazon India.
Buy on Amazon India →
Get Weekly Polity Q&A Free ⚖️
New landmark judgment summaries, important articles, MPSC polity updates, and fresh MCQs — every week, free.
Join 28,000+ UPSC & MPSC aspirants already subscribed.
Comments
Post a Comment