UPSC Prelims 2017 Analysis

Explanation

The answer is (A) the power of the Judiciary to pronounce upon the constitutionality of laws and executive orders.

Judicial Review in India is about checking if laws and executive orders follow the Constitution.

Explanation

Equality implies everyone has the same rights and opportunities.

Privileges are unearned advantages enjoyed by a select few. They contradict the idea of equality.

Restraints (b) can be necessary to ensure fairness and prevent harm, which can coexist with equality.

Competition (c) can be a driving force for innovation and progress, even in an equal society.

Ideology (d), depending on its nature, might promote or hinder equality, but it's not inherently the opposite.

Explanation

Local self-government is an exercise in democratic decentralization.

Local self-government in India refers to governmental jurisdictions below the level of the state. India is a federal republic with three spheres of government central (union), state, and local. The 73rd and 74th constitutional amendments give recognition and protection to local governments and, in addition, each state has its local government legislation.

Democratic decentralization captures the essence of local self-government because it emphasizes

Democracy Local citizens have a say in their affairs through elected representatives. Decentralization Power is distributed away from a central authority to local governments.

This empowers local communities to address their specific needs and conditions.

Explanation

The mind of the makers of the Constitution of India is reflected in the Preamble.

Here's why

• The Preamble is the introductory part of the Constitution that outlines the philosophical and ideological foundation upon which the entire document rests.
• It encapsulates the aspirations and objectives envisioned by the framers for the nation, like securing justice, liberty, and equality for all citizens.
• It lays out the core principles like democracy, socialism, secularism, and republic that define the character of the Indian state.

While other parts of the Constitution like Fundamental Rights and Directive Principles also embody these ideals, the Preamble serves as a concise and powerful statement of the framers' intent.

Explanation

The correct answer is 1 and 3 only

Removal of the Council of Ministers in the State is always a consequence. When the President's rule is imposed, the state government is suspended and the council of ministers is dismissed.

Dissolution of the State Legislative Assembly can happen, but it's not mandatory. The assembly can be suspended instead.

Dissolution of the local bodies is not a direct consequence. President's rule primarily affects the state government, not necessarily local governments.

Explanation

The statement 1 is incorrect. In India, the winning candidate is the one who receives the highest number of votes, which is also known as the first-past-the-post system. There is no requirement for the winning candidate to secure at least 50% of the votes polled.

The statement 2 is also incorrect. The Constitution of India does not mandate that the Speaker's post goes to the majority party and the Deputy Speaker's post goes to the Opposition. The Speaker and Deputy Speaker are elected by the members of the Lok Sabha from amongst themselves.

Therefore, neither of the statements is correct.

Explanation

"Article 43A of the Constitution of India deals with 'Participation of workers in the management of industries' and falls under Part IV - Directive Principles of State Policy.

It was added to the Directive Principles of State Policy by the 42nd Amendment to the Constitution"

Explanation

The Fundamental Duties of an Indian citizen are non-enforceable, meaning there is no legislative process provided to enforce these duties. Therefore, statement 1 is incorrect.

The Fundamental Duties are not correlative to legal duties. Legal duties are those that are required to be carried out according to the law, while Fundamental Duties are the moral obligations of all citizens to help promote a spirit of patriotism and to uphold the unity of India. Therefore, statement 2 is also incorrect.

Explanation

The Cabinet form of Government is a key feature of a parliamentary system.

The principle underlying this form of government is the collective responsibility of the Government to the people. This means that the Cabinet, led by the Prime Minister, is collectively responsible to the Parliament. Article 75(3)

If the Cabinet makes a decision, all members must publicly support it. If the Parliament passes a vote of no confidence, the Government must resign. This ensures accountability and democratic control. Therefore, the statement that best brings out this principle is "A mechanism of parliamentary democracy for ensuring collective responsibility of the Government to the people."

Explanation

The main advantage of a parliamentary form of government is that c) the executive remains responsible to the legislature. [Article 75(c)]

Here's why the other options are not the main advantage

a) The executive and legislature actually work closely together in a parliamentary system, as the executive is drawn from the legislature. b) Continuity of policy can be a benefit, but it's not the main advantage. Parliamentary systems can still be efficient in passing laws. d) The head of government (Prime Minister) can be changed through a vote of no confidence in the legislature.

Explanation

The Right against Exploitation in the Indian Constitution focuses on protecting people from forced labour situations.

The Right against Exploitation covers

• Prohibition of traffic in human beings and forced labour (This is directly addressed by Article 23)
• Prohibition of employment of children in factories and mines (This is covered by Article 24)

While the other options are important rights, they are not directly related to the Right against Exploitation.

• Abolition of untouchability is covered under Article 17.(Right to Equality)
• Protection of the interests of minorities is covered by various articles including Articles 25-30.

Therefore, the correct answer is 1 and 4 only

Explanation

Neither statement (1) nor (2) is correct.

The Directive Principles of State Policy (DPSP) in the Indian Constitution are not enforceable in court like Fundamental Rights. However, they are meant to be guiding principles for the government when making laws and policies.

So, DPSPs don't directly limit legislative or executive functions, but they should be taken into account while making laws and implementing them.

Explanation

Statement 1 This is incorrect. Private member's bills are introduced by elected Members of Parliament (MPs) who are not part of the government (ministers).

Statement 2 This is also incorrect. While the passage rate of private member's bills is low, there have been successful cases in the past. There's no record of it happening for the first time recently, 14 such bills have been passed since 1952.

Explanation

The correct answer is 1, 2 and 3

The Parliament of India exercises control over the Council of Ministers through various mechanisms, including

Adjournment motion This is a motion to discuss a definite matter of urgent public importance. If passed, it forces the government to respond and can lead to embarrassment or censure.

Question hour During this dedicated period, Members of Parliament (MPs) can ask questions of ministers on specific issues. This allows for scrutiny of government policies and actions.

Supplementary questions These are follow-up questions asked by MPs to clarify or delve deeper into a minister's response during Question Hour. They provide an opportunity for further accountability.

Explanation

The correct answer is (b) Economic liberty.

The Preamble of the Indian Constitution guarantees many freedoms, but economic liberty is not explicitly mentioned.

Liberty of thought, expression, and belief are all enshrined in the Preamble's pursuit of securing justice and liberty to all citizens.

The Constitution does, however, include provisions that promote economic activity and potentially contribute to economic freedom. However, these are not directly stated in the Preamble.

Explanation

A. This is incorrect. The state enforces rights, not claims them against citizens.

B. While some rights may be enshrined in the Constitution, not all privileges are rights. Rights are fundamental entitlements, whereas privileges can be granted or revoked.

C. Rights are claims of the citizens against the State This is correct. Rights empower citizens to expect certain actions or non-actions from the state. The state must uphold these rights.

D. Rights are privileges of a few citizens against the many This goes against the concept of equality. Ideally, fundamental rights apply to all citizens.

Explanation

Qualifications for election to Lok Sabha

must be a citizen of India

not less than 25 years of age

must be registered as an elector for a parliamentary constituency. So, his or her name must appear in the electoral roll of a constituency.

Explanation

The Election Commission of India is not a five-member body, it is a three-member body. Therefore, statement 1 is incorrect.

The Union Ministry of Home Affairs does not decide the election schedule. It is the responsibility of the Election Commission of India to decide the election schedule for the conduct of both general elections and bye-elections. Therefore, statement 2 is incorrect.

The Election Commission does indeed resolve the disputes relating to splits/mergers of recognized political parties. Therefore, statement 3 is correct

Explanation

In the context of India, the correct relationship between Rights and Duties is a) Rights are correlative with Duties.

The Indian Constitution recognizes both Fundamental Rights (Articles 12-35) and Fundamental Duties (Article 51A).

These are considered interrelated concepts. You cannot enjoy your rights fully if others don't fulfil their duties, and vice versa. For instance, the right to freedom of speech (Article 19) comes with the duty to respect the rights of others (Article 51A(e)).

Explanation

Out of the options you listed, the superior virtue of democracy lies in a) the intelligence and character of ordinary men and women

Democracy relies on citizen participation. People need to be informed, engaged, and willing to contribute their ideas and perspectives. It assumes that the collective wisdom of the people can lead to good decisions.

While strong leadership and dedicated party workers can be important, democracy is fundamentally about empowering the citizenry.

Explanation

The right to vote and to be elected in India is a constitutional right. It is enshrined in Article 326 of the Indian Constitution. This article provides every citizen of India the right to participate in the electoral process and elect representatives to the Parliament and State Legislatures.

The Constitution (Sixty-first Amendment) Act, 1988, lowered the voting age of elections to the Lok Sabha and the Legislative Assemblies of States from 21 years to 18 years.

Explanation

Indian federalism is characterized by an independent judiciary, a clear division of powers between the Centre and the States, and unequal representation of federating units in the Rajya Sabha. These features are enshrined in the Indian Constitution.

However, Indian federalism is not the result of an agreement among the federating units. The Indian Constitution, which lays down the framework for India's federal structure, was not created through an agreement among the federating units but was adopted by the Constituent Assembly of India.

Therefore, option (d) is not a feature of Indian federalism.