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Preamble and Salient Features Questions and Answers

Answer: C

The feature that is not part of the Constitution is specific Articles defining the powers, privileges and immunities of each House of Parliament and its committees.

Article 105 does not define these privileges. Clause (3) leaves them to be defined by Parliament by law and, until then, applies the privileges of the House of Commons as they stood at the commencement of the Constitution (after the 44th Amendment, as they stood before that Amendment came into force). Parliament has never codified them, so the Constitution contains no specific definition.

The other three are genuine features: the distribution of legislative powers through Article 246 and the Seventh Schedule, the Directive Principles declared 'fundamental in the governance of the country' by Article 37, and Article 141, which makes the law declared by the Supreme Court binding on all courts.

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32.

"We the people of India' depicted in the Preamble are indicative of the :

Exam Year(s)

MH SET - 2019, SET Exam - 2019,

Answer: A

'We the people of India' indicates the source of the Constitution.

The Preamble opens with these words and ends 'do hereby adopt, enact and give to ourselves this Constitution'. Together they declare that the Constitution derives its authority from the people of India, who are its ultimate source, not from the British Parliament or any other external power.

The date of adoption, 26 November 1949, appears separately in the Preamble, and the nature of the polity is set out by the words 'sovereign socialist secular democratic republic'. Enforcement of the Constitution is the business of the courts, not of this phrase.

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33.

Which among the following parts of Indian Constitution deals with the temporary transitional and special provisions.

Exam Year(s)

MH SET - 2019, SET Exam - 2019,

Answer: C

Temporary, transitional and special provisions are in Part XXI.

Part XXI (Articles 369 to 392) is headed 'Temporary, Transitional and Special Provisions'. It contains, for example, the special provisions for Nagaland, Assam, Manipur, Sikkim and other states in Articles 371 to 371J, and formerly Article 370 on Jammu and Kashmir.

Part IX deals with the Panchayats, Part X with the Scheduled and Tribal Areas, and Part XXII with the short title, commencement, authoritative Hindi text and repeals.

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Answer: B

The essential characteristic is that the Council of Ministers is a part of the Legislature and is responsible to it.

In a parliamentary system, the real executive, the Council of Ministers headed by the Prime Minister, is drawn from the legislature and is collectively responsible to the popular house, holding office only while it keeps its confidence. In India, Article 75(3) makes the Council of Ministers collectively responsible to the Lok Sabha.

A President who is the real executive head describes a presidential system; in a parliamentary system the head of state is nominal. Ministers not collectively responsible, or not answerable to the legislature, contradict the very idea of responsible government.

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35.

Which of the following is not a characteristic of a Federal Constitution ?

Exam Year(s)

MH SET - 2021, SET Exam - 2021,

Answer: D

The one that is not a federal characteristic is all powers of the state belong to one Government.

A federal constitution divides powers between a central government and regional governments, each supreme in its own sphere. Its usual features are a written constitution, the supremacy of the constitution over both levels, a rigid amendment procedure so that neither level can alter the division alone, and an independent judiciary to settle disputes between them.

Concentrating all powers in one government is the defining feature of a unitary constitution, as in the United Kingdom, which is why it is the odd one out.

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36.

Which among the following countries has an unwritten constitution ?

Exam Year(s)

MH SET - 2023, SET Exam - 2023,

Answer: B

The country with an unwritten constitution is the United Kingdom.

The UK has no single codified constitutional document. Its constitution is made up of statutes such as Magna Carta and the Bill of Rights, court judgements, conventions and authoritative works.

India, the USA and France each have a written constitution in a single document; India's is the longest written constitution in the world.

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37.

The Federal scheme in the Constitution of India is adopted from:

Exam Year(s)

MH SET - 2023, SET Exam - 2023,

Answer: B

The federal scheme was adopted from the Government of India Act 1935.

The 1935 Act proposed an All-India Federation with a division of legislative powers into Federal, Provincial and Concurrent lists, a Federal Court and provincial autonomy. The Constitution took over this structure, including the three lists of the Seventh Schedule, much of it almost verbatim.

Canada is the source of a federation with a strong centre and residuary powers with the centre, and Australia of the Concurrent List and freedom of trade, but the federal scheme as a whole comes from the 1935 Act. The 1919 Act introduced dyarchy in the provinces, not a federation.

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38.

Which Constitutional Amendment inserted the words 'Socialist' and 'Secular' in the preamble of the Indian Constitution ?

Exam Year(s)

MH SET - 2024, SET Exam - 2024,

Answer: D

The words were inserted by the Forty-second Amendment.

The Constitution (Forty-second Amendment) Act, 1976, passed during the Emergency, added 'Socialist' and 'Secular' to the Preamble and changed 'unity of the Nation' to 'unity and integrity of the Nation'.

The First Amendment (1951) dealt with land reform and restrictions on free speech, the Forty-first with the retirement age of members of Public Service Commissions, and the Forty-fourth (1978) undid many changes of the Forty-second but kept these two words.

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39.

Indian Constitution established parliamentary form of Government on the model of

Exam Year(s)

TNPSC Group 1 - 2017, TNPSC - 2017,

Answer: D

India's parliamentary form of government follows the British (Westminster) model.

The Constitution borrowed from Britain the cabinet system in which the executive is drawn from and is collectively responsible to the lower house, a nominal head of state acting on ministerial advice, the office of Speaker, and the rule of law.

The American model is presidential, with the executive separate from the legislature; India took from it the fundamental rights and judicial review instead. The Canadian model supplied the quasi-federal structure with a strong centre, and Switzerland is known for its collegiate executive and direct democracy, not for India's cabinet system.

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40.

In which schedule of the Constitution the recognised 22 languages has been included?

Exam Year(s)

TNPSC Group 1 - 2017, TNPSC - 2017,

Answer: C

The 22 recognised languages are listed in the 8th Schedule.

The Eighth Schedule originally listed 14 languages. Sindhi was added in 1967, Konkani, Manipuri and Nepali in 1992, and Bodo, Dogri, Maithili and Santhali by the 92nd Amendment in 2003, bringing the total to 22.

The 6th Schedule deals with the administration of tribal areas in Assam, Meghalaya, Tripura and Mizoram; the 7th Schedule contains the Union, State and Concurrent Lists; and the 9th Schedule protects listed laws, mostly land reform Acts, from challenge.

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