Mini Mock Test-3 :Answers 

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Answers 

Mini Mock Test-3

 

1-Which of the following provisions of the Constitution can be amended by simple majority of the two houses of the Parliament?

  1. Quorum in the Parliament
  2. Rules of procedure in Parliament
  3. Any of the lists in the seventh Schedule
  4. Second Schedule
  5. Fifth Schedule
  6. Use of Official language

Choose the correct statements

(a) 1, 2 and 6 only

(b) 3, 4 and 5 only

(c) All the above

(d) 1, 2, 4, 5, and 6

 

ANS: (d)

Exp

  • Refer Laxmikanth for the list!!!!

 

 

 

 

2-Which one of the following is one of the objectives of the Indian National Congress in 1885?

  1. a) Promotion of friendship
  2. b) Eradication of Poverty
  3. c) Demand for Swaraj
  4. d) Independence

Ans   A

Exp:    Indian National Movement got an impetus after the foundation of the Indian National Congress in 1885. Mr.A.O. Hume, a retired member of the Indian Civil Service, took the initiative in this direction. He appealed to the graduates of the Calcutta university to form an association for the moral, social and political regeneration of the Indians. Lord Dufferin, the then Viceroy of India, supported the idea. Leaders like Dada Bahi Nauroji S.N. Banerjee, Ferozshah Mehta, Badruddin Tyabji and others helped him to found the Indian National Congress.

Aims and Objectives of the Congress Leaders from 1885 to 1905: The early phase of the National Movement was dominated by the moderate leaders like Daba Bhai Nauroji, Surendra Nath Banerjee, Ferozshah Mehta, Gopal Krishna Gokhale etc. they believed in peaceful and constitutional methods.

They tried to achieve the following objectives.

  1. Demand for wider powers for the councils and training in self government
  2. Removal of poverty by the rapid development of agriculture and modern industries
  3. Indianization of the higher administrative services.
  4. Freedom of speech and press for the defense of their civil rights.

The moderate Leaders, thus tried to create the national consciousness and raise the public opinion against the British imperialism. They created a common platform for the national struggle.

 

 

 

 

3-Which of the following pair(s) is/are correct?

  1. Federalism: Each organ of the state checks on power of others and thus ensures balance of power.
  1. Secularism: There is no state religion.
  2. Parliamentary form of government: Party with maximum number of votes form government.

Select the correct answer by using the code given below:

(a) 1 and 2

(b) Only 2

(c) 2 and 3

(d) All of the Above

Ans-(b)

Exp: Federalism is a political set up where powers are shared between different tiers of the government i.e. national, state & local.

Separation of power is a concept where each organ of the state checks on power of others and thus ensures balance of power.

Secularism is where state doesn’t promote any religion as state religion. All religions are treated equally.

Parliamentary form of government is a system of government where executive is the part of legislature and enjoys the support of majority in legislature. Thus party with support of majority of members in legislature forms the government. Different nations have different electoral process.

 

 

 

 

4-What does the word “state” in “INDIAN STATE” depicts in the Constitution?

(a) State depicts an entity responsible for administering and enforcing laws.

(b) State refers to a political institution that represents a sovereign people who occupy a definite territory.

(c) State refers to authorities exercising governmental or sovereign functions.

(d) State refers to constitutional, statutory and quasi-judicial bodies

Ans- (b)

Exp: The word ‘State’ not refer to state governments. Rather State is different from Government. ‘Government’ is responsible for administering and enforcing laws. The government can change with elections. The State on the other hand refers to a political institution that represents a sovereign people who occupy a definite territory. We can, thus,

speak of the Indian State, the Nepali State etc. The Indian State has a democratic form of government. The government (or the executive) is one part of the State. The State refers to more than just the government and

cannot be used interchangeably with it.

 

 

 

5-Which of the following rights are guaranteed under Article 22 of the Constitution?

  1. The Right to be informed at the time of arrest of the offence for which the person is being arrested.
  2. The Right to be presented before District Magistrate within 24 hours.
  3. The arrestee may be permitted to meet his lawyer during interrogation, though not throughout the interrogation.

Select the correct answer by using the code given below:

(a) Only 1

(b) 1 and 2

(c) 1 and 3

(d) All of the above

 

Ans-(b)

Exp: Article 22 covers:

  • The Right to be informed at the time of arrest of the offence for which the person is being arrested.
  • The Right to be presented before a Judicial Magistrate within 24 hours of arrest.
  • The Right to consult and to be defended by a legal practitioner of his choice.
  • The clause – The arrestee may be permitted to meet his lawyer during interrogation, though not throughout the interrogation comes under the Supreme Court guidelines not mentioned in the Constitution.

 

 

 

 

6-Which of the following are the examples of the reasonable restrictions placed on Freedom of Expression?

  1. Censor board banning the portion of the film.
  2. Contempt of the Court.
  3. Preventing all the criticism of the foreign policy of the government.

Select the correct answer by using the code given below:

(a) 1 and 2

(b) Only 1

(c) 1 and 3

(d) All of the above

Ans (a)

Exp: Freedom of expression means the freedom to express one’s views and ideas freely through

speech, writing, books plays etc. It is considered to belong to the minimum area of ‘non-interference’. Reasonable restrictions can be placed in the interest of:

  • Security of State
  • Friendly relations with foreign states
  • Public order
  • Decency or morality
  • In relation to Contempt of court
  • Defamation
  • Incitement to an offence.
  • Sovereignty and integrity of India (This ground is added in Article 19(2) by Constitution (Sixteenth Amendment) Act 1963).

Criticism to some foreign policy are allowed to some extent.

 

 

 

 

7-The 42nd Amendment Act has brought changes in which of the following parts of the Constitution?

  1. Fundamental Rights
  2. Preamble
  3. Transfer subjects from State list to Concurrent list
  4. Added Fundamental Duties

Select the correct answer by using the code given below:

(a) 1 and 2

(b) 1, 2 and 4

(c) 1, 3 and 4

(d) All of the above

Ans-(d)

Exp: It transferred subjects like forests, education, weights and measures except establishments of standards, protection of wild animals and birds from the State List to the Concurrent List. New entry 20A was added in Concurrent

List which is “Population control and family planning”. Part IVA containing article 51A was added to

provide lists of fundamental duties of citizens. The preamble has been amended to substitute

the words “SOVEREIGN DEMOCRATIC REPUBLIC”, with the words “SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC” and the words “unity of the Nation” was substituted with “unity and integrity of the Nation.”

New directives was added by new articles 39A, 43A, 48A which, respectively, provide for equal justice and free legal aid to economically backward classes, participation of workers in the management of industries, and protection and improvement of environment and safeguarding of forests and wildlife.

 

 

8-The declaration of National Emergency in Indian affects which of the following?

  1. Fundamental Rights
  2. Life of the Lok Sabha and the Rajya Sabha
  3. Centre – State relations
  4. Life of the state assembly

Select the correct answer by using the code given below:

  1. a) 1, 2 and 3 only
  2. b) 2, 3 and 4 only
  3. c) 1, 3 and 4 only
  4. d) None of the above

Ans c)

Statement 1, 3 and 4 are correct.

Statement 2 is incorrect. The life of the Lok Sabha and state Legislature get affected not the life of the Rajya Sabha because Rajya Sabha is the permanent body

 

 

 

9-Which of the following items are mentioned in the Right Against Exploitation of the Fundamental rights?

  1. Human trafficking
  2. Untouchability
  3. Child as Industrial Worker
  4. Forced labour

Select the correct answer by using the code given below:

(a) 1, 2, 3 and 4

(b) 1, 2 and 4

(c) 1, 3 and 4

(d) 2, 3 and 4

Ans-(c)

Exp: Right Against Exploitation

Article 23 deals with the prohibition of traffic in human beings and forced labour.

Article 24 deals with prohibition of employment of children in factories, etc.

 

 

 

 

10-Consider the following statements

  1. A naturalized citizen is not eligible for the office of the President of India.
  2. Friendly aliens are the subjects of those countries who have cordial relations with India.

Select the correct answer by using the code given below

  1. a) 1 only
  2. b) 2 only
  3. c) Both 1 and 2
  4. d) Neither 1 nor 2

 

 

Ans b)

Exp:- Statement 2 is correct. The friendly aliens are the subjects of those countries that have cordial relations with India. In India both a citizen by birth as well as a naturalized citizen are eligible for the office of President. Thus, the first statement is incorrect.

 

 

11-Which of the following aspects of ‘Rule of Law’ are applicable to the Indian system?

  1. Absence of arbitrary power
  2. Primacy of rights of individual
  3. Equality before law

Select the correct answer using the code below:

  1. a) 1 only
  2. b) 2 and 3 only
  3. c) 1 and 3 only
  4. d) 1, 2 and 3

Ans c)

Exp:- The ‘Rule of Law’, theory was propounded by A.V. Dicey. His concept has the following three elements oraspects:

  1. a) Absence of arbitrary power, that is, no man can be punished except for a breach of law.
  2. d) The primacy of the rights of the individual, that is, the constitution is the result of the rights of the individual as defined and enforced by the courts of law rather than the constitution being the source of the individual rights.
  3. c) Equality before the law, that is, equal subjection of all citizens (rich or poor, high or low, official or non-official) to the ordinary law of the land administered by the ordinary law courts.

The first and the third elements are applicable to the Indian System and not the third one. In the Indian System, the constitution is the source of the individual rights. The Supreme Court held that the ‘Rule of Law’ as embodied in Article 14 is a ‘basic feature’ of the constitution. Hence, it cannot be destroyed even by an amendment.

 

 

 

 

12-The Fundamental Rights are ‘Fundamental’ in nature, because

a) They are guaranteed and protected by the Constitution of India.

b) They cannot be amended by the Parliament.

c)They are available to all citizens irrespective of their identity.

d) They are fundamental to the governance of the country.

 

 

Ans a)

Exp:- The Fundamental Rights are named so because they are guaranteed and protected by the Constitution, which is the fundamental law of the land. They are ‘fundamental’ also in the sense that they are most essential for the all-round development (material, intellectual, moral and spiritual) of the individuals. Thus, the statement (a) is correct.

 

 

 

 

13-Which of the following Fundamental Rights is/are available to both aliens as well as an Indian citizen?

  1. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
  2. Equality of opportunity in matters of public employment.
  3. Protection of life and personal liberty.
  4. Rights to elementary education.

Select the correct answer using the codes given below

a) 1 and 2 only

b) 3 and 4 only

c) 2 and 3 only

d) 1, 2, 3 and 4

Ans b)

Exp:- The rights to Protection of life and personal liberty and Rights to elementary education are enjoyed by both a citizen of India and a foreigner. Hence, statement 3 and 4 are correct.

 

 

14-Article 32 of the Constitution confers the right to remedies for the enforcement of the Fundamental Rights of an aggrieved citizen. With reference to this, consider the following statements regarding Article 32.

  1. The Parliament can suspend this right during national emergency.
  2. Only the Supreme Court of India shall have the power to issue writs for the enforcement of any of the Fundamental Rights.

Select the correct statement(s) using the codes given below.

a) 1 only

b) 2 only

c) Both 1 and 2

d) Neither 1 nor 2

Ans d)

Exp: -Statement 1 is incorrect. Article 32 provides the right to Constitutional remedies. If a person feels that his/her fundamental rights are abridged by authorities or the State, he/she approach the Supreme Court (and high courts also) for getting the fundamental rights protected.

Article 32 makes the Supreme Court the defender and guarantor of the fundamental rights.

The right to move the Supreme Court shall not be suspended except as otherwise provided for by the Constitution. Thus, the Constitution provides that the President can suspend the right to move any court for the enforcement of the fundamental rights during a national emergency. The Parliament can suspend this right during national emergency.

Statement 2 is incorrect. The Supreme Court has power to issue writs under article 32; High Courts have been given same powers under article 226.

In case of the enforcement of Fundamental Rights, the jurisdiction of the Supreme Court is original but not exclusive. (It is concurrent with the jurisdiction of the high court under Article 226). It vests original powers in the high court to issue directions, orders and writs of all kinds for the enforcement of the Fundamental Rights.

 

 

 

15- Under Article 21A, the state shall provide for free and compulsory education to all children of age six to fourteen years. Which of the following statement(s) is/are correct with respect to the fundamental Right to Education?

  1. This right covers not only elementary education but also higher education.
  2. Right to education is also embodied in Directive Principles and Fundamental Duties.
  3. Right to education is a self-executory right.

Select the correct answer using the code given below

a) 1 only

b) 1 and 2 only

c) 2 and 3 only

d) 1, 2 and 3.

Ans b)

Explanation;-Statement is correct. The Right to Education covers not only elementary education but also higher education.

Statement 2 is correct. Right to education is also embodied in Directive Principles and Fundamental Duties.

Statement 3 is incorrect. Right to education is not a self-executory right as we have different acts to implement this fundamental right.

Knowledge Base

Article 21 A declares that the State shall provide free and compulsory education to all children of the age of six to fourteen years in such a manner as the State may determine. Thus, this provision makes only elementary education a Fundamental Right and not higher or professional education. Hence, statement 1 is incorrect.

Insertion of new article 21A

After article 21 of the Constitution, the following article shall be inserted, namely:-

  • Right to education.- “21A. 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.”.
  • Substitution of new article for article 45.- Old Article Was – The State shall endeavour to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years . Now Since education for below 14 years became a Fundamental Right and the Directive had been fulfilled, it was replaced with – The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years.”.
  • Amendment of article 51A.- In article 51A of the Constitution, it was made a fundamental duty – who is a 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.”.

 

 

 

16-Select the incorrect statements from the below

a) The nominated members of either House of Parliament can participate in the impeachment of the President.

b) The nominated members of either House of Parliament participate in the election of the President of India.

c) The elected members of the legislative assemblies of states and the Union Territories of Delhi and Puducherry do not participate in the impeachment of the President.

d) The elected members of the legislative assemblies of states and the Union Territories of Delhi and Puducherry participate in the election of the President.

Ans b)

Statement (b) is incorrect. The President is not elected directly by the people. The President is elected by members of Electoral College consisting of:

  1. The elected members of both the Houses of Parliament;
  2. The elected members of the legislative assemblies of the states; and
  3. The elected members of the legislative assemblies of the Union Territories of Delhi and Puducherry

Knowledge Base

The nominated members of both of Houses of Parliament, the nominated members of the state legislative assemblies, the members (both elected and nominated) of the state legislative councils (in case of the bicameral legislature) and the nominated members of the Legislative Assemblies of Delhi and Puducherry do not participate in the election of the President. Where an assembly is dissolved, the members cease to be qualified to vote in presidential election, even if fresh elections to the dissolved assembly are not held before the presidential election.

 

17-What purposes are served by the ‘Constitution’?

1-It prevents the misuse of authority given to the political leaders.

2-It only reflects the ideals that the citizens have to follow to maintain peace and stability.

3-In a democratic society, it denies domination by the majority to a minority.

4-Its rigid nature gives assurance about the permanence of its fundamental provisions.

Select the correct answer using the code given below

(a) 1 and 2

(b) 2 and 3

(c) 1, 3 and 4

(d) All of the above

 

Ans.(c)

Exp: Political leaders have to obey the provisions of constitution like Fundamental Rights, Elections, Parliament form of government, etc. Supreme Court is always there as the guardian of constitution. Ideals such as Justice, Equality, Liberty & Fraternity are enshrined in the Constitution. It places duties on both state and citizens for maintenance of peace and stability.

It ensures equal rights for all the groups. It puts the onus of preventing the tyranny of majority on ‘state’. It also guarantees certain fundamental rights to religious & linguistic minorities.

The provisions of constitution give many promises to the people. Its assurance is necessary for a meaningful & well dignified life for its citizens.

 

 


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