UPSC Prelims 2017 Analysis

Explanation

The power of the Judiciary to pronounce upon the constitutionality of laws and executive orders.

Judicial Review in India refers to the power of the Judiciary to examine laws and executive actions to ensure they comply with the Constitution of India.

This power allows the courts to strike down any law or executive order that is found to be unconstitutional, thereby upholding the supremacy of the Constitution.

Judicial Review is an essential feature of the Basic Structure Doctrine, ensuring the protection of fundamental rights and the separation of powers between the legislature, executive, and judiciary.

Thus, Judicial Review acts as a safeguard against unconstitutional actions and reinforces the rule of law in India.

Explanation

Equality means that everyone has the same rights and opportunities, ensuring a fair and just society.

Privileges: They are the opposite of equality because they represent unearned advantages enjoyed by a select few, contradicting the principle that all individuals should have the same rights and opportunities.

Restraints: Some restrictions are necessary to maintain fairness, protect rights, and prevent harm (e.g., laws against discrimination). These restraints can coexist with equality rather than opposing it.

Competition: A society can be both competitive and equal if opportunities are fairly distributed. Competition can drive innovation and progress, but it does not inherently contradict equality.

Ideology: The impact of ideology on equality depends on its nature. Some ideologies promote social justice and equal rights, while others reinforce inequalities. However, ideology itself is not inherently opposed to equality.

Explanation

Local self-government is a key aspect of democratic decentralization, ensuring governance at the grassroots level.

In India, local self-government refers to governing bodies operating below the state level, forming the third tier of governance in the federal structure. The 73rd and 74th Constitutional Amendments provide constitutional status and protection to Panchayati Raj Institutions (rural) and Urban Local Bodies (urban), respectively. Additionally, each state enacts its own legislation to regulate local governance.

Democratic decentralization is the foundation of local self-government, emphasizing:

• Democracy: Local citizens actively participate in governance through elected representatives, ensuring direct engagement in decision-making.
• Decentralization: Authority and responsibilities are transferred from central and state governments to local bodies, empowering communities to address region-specific issues and enhance efficient governance.

Thus, local self-government in India strengthens grassroots democracy, fosters self-reliance, and ensures better service delivery to the people.

Explanation

The Preamble to the Constitution of India serves as a window into the vision and intent of its makers.

Here's why:

• It is the introductory statement that lays the philosophical and ideological foundation of the Constitution, shaping the governance framework of the nation.
• It expresses the aspirations and objectives envisioned by the framers, such as securing justice, liberty, equality, and fraternity for all citizens.
• It enshrines fundamental principles like sovereignty, democracy, secularism, socialism, and a republic, which define the nature of the Indian state.

While provisions like Fundamental Rights and Directive Principles of State Policy further elaborate these ideals, the Preamble serves as a concise yet powerful expression of the framers’ intent, reflecting the essence of India's constitutional philosophy.

Explanation

When President’s Rule is imposed in a state under Article 356, the Council of Ministers is always dismissed, as the state government is suspended and the Governor takes over the executive powers on behalf of the President.

However, the dissolution of the State Legislative Assembly is not mandatory. The Assembly may either be dissolved (leading to fresh elections) or kept under suspension (placing it in a state of dormancy until further decisions are made).

The dissolution of local bodies is not a direct consequence of President’s Rule. Since municipalities and panchayats function independently under the State List (as per the 73rd and 74th Amendments), their existence remains unaffected unless the state government had already initiated their dissolution through legal provisions.

Thus, while the removal of the Council of Ministers is automatic, the dissolution of the Legislative Assembly is conditional, and local bodies remain largely unaffected.

Hence, the correct answer is option (B) 1 and 3 only.

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 Indian Constitution pertains to the "Participation of workers in the management of industries" and is a part of Part IV – Directive Principles of State Policy (DPSP).

It was added by the 42nd Constitutional Amendment Act of 1976 to promote industrial democracy by ensuring that workers have a role in decision-making within industries.

This provision aligns with the broader goal of economic justice and socialistic principles, as envisioned in the Directive Principles, by advocating for worker participation in industrial management.

Thus, Article 43A emphasizes the importance of participatory management in industries to promote industrial harmony and economic democracy.

Explanation

Statement 1 is incorrect: While the Fundamental Duties listed in Part IV-A of the Indian Constitution are not directly enforceable by law, they are not entirely non-enforceable either. The legislature can enact laws to give effect to these duties, and courts may consider them while interpreting laws and constitutional provisions. Additionally, in some cases, laws have been enacted to enforce specific Fundamental Duties, such as the Prevention of Insults to National Honour Act, 1971, which penalizes disrespect to the national flag and anthem.

Statement 2 is incorrect: Fundamental Duties and legal duties are not strictly correlative. While legal duties are explicitly defined and enforceable by law, Fundamental Duties serve as moral and civic responsibilities to promote patriotism and national unity. However, courts have occasionally linked Fundamental Duties with legal obligations, reinforcing their significance in judicial interpretations.

Explanation

The Cabinet form of Government is a fundamental feature of a parliamentary system, where the executive (Council of Ministers) is collectively responsible to the legislature. This principle is enshrined in Article 75(3) of the Indian Constitution, which states that the Council of Ministers shall be collectively responsible to the Lok Sabha.

Key Aspects of Collective Responsibility:

• Decisions of the Cabinet are binding on all ministers and even if they personally disagree, they must publicly support them.
• If Parliament passes a vote of no confidence, the entire Council of Ministers, including the Prime Minister, must resign.
• This ensures accountability, transparency, and democratic control, preventing arbitrary rule by the executive.

Hence, the correct answer is option C.

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 under the Indian Constitution aims to protect individuals from forced labor, human trafficking, and child exploitation.

It specifically includes:

• Prohibition of human trafficking and forced labor (Article 23): This article bans begar (forced, unpaid labor), bonded labor, and human trafficking in any form. It also prohibits the state and private entities from compelling people to work without fair wages.
• Prohibition of child labor in hazardous occupations (Article 24): This article prohibits the employment of children below the age of 14 in factories, mines, or other hazardous occupations to ensure their safety and well-being.

While other rights are crucial, they are not part of the Right against Exploitation:

• Abolition of untouchability (Article 17) falls under the Right to Equality and prohibits the practice of untouchability in any form.
• Protection of the interests of minorities is covered under Articles 25-30 and primarily falls under the Right to Freedom of Religion and Cultural & Educational Rights.

Thus, the Right against Exploitation focuses specifically on preventing forced labor, human trafficking, and child labor, ensuring dignity and freedom from exploitation

Therefore, the correct option is (C) 1 and 4 only.

Explanation

The Directive Principles of State Policy (DPSP), enshrined in Part IV (Articles 36-51) of the Indian Constitution, are non-justiciable, meaning they cannot be enforced by courts like Fundamental Rights. However, they serve as guiding principles for the government in policy-making and law-making, aiming to establish social and economic justice and promote the welfare of the people.

While DPSPs do not directly limit the legislative or executive functions, they act as constitutional directives that governments must consider when framing laws and policies. The Supreme Court has often harmonized Fundamental Rights and DPSPs to ensure a balanced constitutional interpretation, recognizing that DPSPs are fundamental to the governance of the country.

Hence, the correct answer is option (D) neither 1 nor 2.

Explanation

Statement 1 is incorrect: Private member’s bills are introduced by Members of Parliament (MPs) who are not ministers i.e., they do not hold any position in the government. These bills allow non-ministerial MPs to propose legislative changes, reflecting their views or those of their political parties on important issues.

Statement 2 is incorrect: While the passage rate of private member’s bills is very low, it is not true that no such bill has ever been passed in recent times. Since 1952, a total of 14 private member’s bills have been passed by Parliament. One of the most notable examples is the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Bill, 1970, which was successfully enacted. However, the majority of private member’s bills fail to become law due to a lack of government backing, time constraints, or procedural hurdles.

Hence, the correct answer is option (D) neither 1 nor 2.

Explanation

The Parliament of India exercises control over the Council of Ministers through various parliamentary mechanisms, ensuring accountability and transparency in governance. These include:

Adjournment Motion: This motion is used to discuss a specific and urgent matter of public importance. If admitted, it compels the government to respond and can lead to debate, criticism, or even censure, putting the ruling party in a difficult position.

Question Hour: Held at the beginning of a parliamentary sitting, MPs can question ministers on government policies, decisions, and administrative matters. This provides a structured way to scrutinize the executive’s performance.

Supplementary Questions: After a minister responds to a question during Question Hour, MPs can ask follow-up questions to seek further clarification or probe deeper into the issue, enhancing ministerial accountability.

Hence, the correct answer is option (D) 1, 2 and 3.

Explanation

The Preamble of the Indian Constitution guarantees justice, liberty, equality, and fraternity, but economic liberty is not explicitly mentioned. It specifically ensures liberty of thought, expression, belief, faith, and worship, but does not directly state economic freedom.

However, various constitutional provisions, such as those related to Fundamental Rights (Part III) and Directive Principles of State Policy (Part IV), promote economic activities and social justice, indirectly contributing to economic freedom. Yet, since economic liberty is not explicitly stated in the Preamble, it is not one of the guaranteed liberties under it.

Explanation

Option A is incorrect: The state does not claim rights against citizens; rather, it is responsible for enforcing and upholding them. Rights are meant to protect individuals from arbitrary state action and ensure their freedoms.

Option B is incorrect: While some rights are enshrined in the Constitution, privileges and rights are not the same. Rights are fundamental entitlements guaranteed to all citizens, whereas privileges are special advantages that can be granted or revoked by the state.

Option C is Correct: Rights are claims of citizens against the State. They empower individuals to expect specific actions or non-actions from the state, ensuring protection of freedoms and access to essential services. The state has a duty to respect, protect, and fulfill these rights.

Option D is incorrect: Rights are not privileges granted to a few but universal entitlements that apply to all citizens. The idea that rights belong only to a select group contradicts the fundamental principle of equality enshrined in the Indian Constitution.

Explanation

To contest elections for the Lok Sabha, a candidate must fulfill the following constitutional requirements:

• Must be a citizen of India.
• Must be at least 25 years old.
• Must be a registered voter in any parliamentary constituency.

Explanation

Statement 1 is incorrect: The Election Commission of India (ECI) is not a five-member body. It is a three-member body, consisting of the Chief Election Commissioner (CEC) and two Election Commissioners (ECs). However, it originally started as a single-member body in 1950 and became a multi-member commission in 1993.

Statement 2 is incorrect: The Union Ministry of Home Affairs (MHA) does not decide the election schedule. The Election Commission of India (ECI) is solely responsible for determining the schedule of general elections and bye-elections. It exercises this power under Article 324 of the Constitution, ensuring free and fair elections in the country.

Statement 3 is correct: The Election Commission of India has the authority to resolve disputes related to splits and mergers of recognized political parties. It decides which faction of a party is the legitimate one and, if necessary, allocates party symbols accordingly, based on precedents and internal party strength.

Hence, the correct answer is option (D) 3 only.

Explanation

In the Indian context, Rights and Duties are correlative, meaning they are interdependent and go hand in hand. The Indian Constitution provides for both:

• Fundamental Rights (Articles 12-35) ensure individual freedoms and protect citizens from arbitrary state action.
• Fundamental Duties (Article 51A) outline the moral and civic responsibilities of citizens toward the nation and society.

Interrelation Between Rights and Duties:

• Rights cannot be exercised in isolation; they must be balanced with duties. For example, the Right to Freedom of Speech (Article 19) is linked to the duty to respect the dignity and rights of others (Article 51A(e): Duty to promote harmony and spirit of brotherhood).

Explanation

The superior virtue of democracy lies in "the intelligence and character of ordinary men and women."

Democracy is built on citizen participation, where people are not just passive subjects but active contributors to governance. It assumes that the collective wisdom of the people (when informed and engaged) can lead to better decision-making and promote the welfare of society.

While strong leadership and dedicated party workers play a role, democracy fundamentally empowers the citizenry, ensuring that governance is shaped by the will and values of the people rather than a select few.

Thus, the true strength of democracy lies in the intelligence, awareness, and character of its citizens, who drive the system through participation and informed choices.

Explanation

The right to vote and to be elected in India is a constitutional right, enshrined in Article 326 of the Indian Constitution.

Article 326 grants the right to vote to every Indian citizen based on universal adult suffrage, ensuring that elections to the Parliament and State Legislatures are conducted democratically.

The Constitution (Sixty-first Amendment) Act, 1988, reduced the minimum voting age for elections to the Lok Sabha and State Legislative Assemblies from 21 years to 18 years. This amendment aimed to enhance youth participation in the electoral process and strengthen democratic representation.

While the right to vote is a constitutional right, it is subject to reasonable restrictions based on factors such as non-residence, unsoundness of mind, crime, or corrupt practices as prescribed by law.

Explanation

Indian federalism is characterized by key features such as an independent judiciary, a clear division of powers between the Centre and the States, and unequal representation of States in the Rajya Sabha, all of which are enshrined in the Indian Constitution.

However, unlike classical federations like the United States, Indian federalism is not the outcome 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.