Indian Politics Questions and Answers

Answer: D

Correct answer: Jawaharlal Nehru

The Objectives Resolution was moved by Jawaharlal Nehru on 13 December 1946, at the Assembly’s second sitting, and adopted on 22 January 1947. It set out the philosophy and guiding principles of the Constitution to come: that India would be an independent sovereign republic, that all power derives from the people, that justice, equality and freedom would be secured to every citizen, and that adequate safeguards would be provided for minorities and backward and tribal areas. It became, in modified form, the Preamble, which is why the two read so similarly and why the Supreme Court has treated the Preamble as a key to the framers’ intent. The other figures had distinct roles: Ambedkar chaired the Drafting Committee, Prasad presided over the Assembly, and Patel chaired the Advisory Committee on Fundamental Rights and Minorities as well as the Provincial Constitution Committee. Nehru also chaired the Union Powers and Union Constitution Committees.

Answer: B

The governor decides a question of disqualification of a member of a state legislature after consulting the Election Commission, and must act in accordance with its opinion.

Article 192 provides for it. Disqualification on the ground of defection, however, is decided by the presiding officer of the House under the Tenth Schedule.

Answer: D

Correct answer: Articles 23 and 24

The right against exploitation comprises Article 23, which prohibits traffic in human beings, begar and other forms of forced labour, and Article 24, which prohibits the employment of children below fourteen in any factory, mine or other hazardous occupation. These rights are available to citizens and non-citizens alike, and Article 23 is unusual in being enforceable against private individuals as well as the State - most fundamental rights bind only the State. The Supreme Court has read Article 23 broadly, holding in People’s Union for Democratic Rights that paying less than the minimum wage amounts to forced labour, since the worker has no real choice. Bonded labour was abolished by statute in 1976 on the strength of it. Article 23 does permit the State to impose compulsory service for public purposes, such as conscription, provided it does not discriminate on grounds of religion, race, caste or class. Articles 25–28 cover freedom of religion, 29–30 cultural and educational rights, and 14–18 the right to equality.

Answer: A

Correct answer: Ireland

The Directive Principles were modelled on the Irish Constitution, which had itself drawn on Spanish practice. Fundamental Rights came from the American constitution and the federal structure with a strong centre from Canada.

Answer: D

Parliament may restrict or abrogate fundamental rights for all three groups - the armed forces, forces charged with maintaining public order, and persons employed in intelligence organisations.

Article 33 permits it, so as to ensure the proper discharge of their duties and the maintenance of discipline. It is the only provision under which fundamental rights may be taken away outright from a class of citizens.

Answer: A

India adopted its written constitution on 26 November 1949, when the Constituent Assembly passed it.

It came into force on 26 January 1950, the date chosen because the Congress had declared complete independence on that day in 1930.

Answer: C

Correct answer: Directive Principles of State Policy

The living wage appears in Article 43, among the Directive Principles, which directs the State to secure for all workers a living wage, conditions of work ensuring a decent standard of life, and full enjoyment of leisure and social and cultural opportunities. It is one of the socialistic directives, alongside Article 39 on adequate means of livelihood and equal pay for equal work, Article 41 on the right to work and to public assistance, Article 42 on just conditions of work and maternity relief, and Article 43-A on worker participation in management. Like all directives it is not enforceable in court, but it has shaped legislation extensively - the Minimum Wages Act, the Payment of Bonus Act, the Factories Act and the Code on Wages all derive from this part of the Constitution. Note the distinction between a minimum wage, which covers bare subsistence, a fair wage above it, and a living wage, which is the highest of the three and which Article 43 sets as the goal.

Answer: D

The Laccadive, Minicoy and Amindivi Islands were renamed Lakshadweep by an Act of Parliament in 1973.

The name means 'a hundred thousand islands' in Sanskrit and Malayalam, though the group has 36 islands, of which ten are inhabited. Kavaratti is its capital.

Answer: A

The Chief Election Commissioner can be removed only in the same manner and on the same grounds as a judge of the Supreme Court - by an address of both Houses on the ground of proved misbehaviour or incapacity.

The protection is given by Article 324(5). The other election commissioners, by contrast, can be removed on the CEC's recommendation.

Answer: A

Correct answer: Determine which list a law truly falls under when it touches on more than one

The doctrine of pith and substance is used to determine the true nature and character of a law when it appears to fall under more than one legislative list. The reasoning is practical: legislative entries cannot be drawn so precisely that no law ever touches a subject belonging to the other level. So the court looks at the law as a whole - its object, scope and effect - and if in substance it falls within the enacting legislature’s competence, it is valid even though it incidentally encroaches on a forbidden field. It was borrowed from Canadian jurisprudence and applied in India as early as State of Bombay v. F. N. Balsara in 1951. Two related doctrines complete the set. Colourable legislation strikes down a law that does indirectly what the legislature cannot do directly. And the doctrine of repugnancy under Article 254 resolves genuine conflict on a Concurrent List subject in favour of the Union law, unless the state law received the President’s assent.