UPSC Prelims 2020 Analysis

Explanation

Statement 1 is incorrect: The term "basic structure" is not explicitly mentioned in the Indian Constitution. It was first propounded by the Supreme Court in the landmark case of Kesavananda Bharati v. State of Kerala (1973).

The Court ruled that while Parliament has the power to amend the Constitution under Article 368, there are certain features of the Constitution that form its basic structure and cannot be altered or destroyed through amendments by the Parliament.

Although the basic structure doctrine includes elements such as federalism, secularism, democracy, and fundamental rights, these features are not explicitly listed as the 'basic structure' in the Constitution itself.

Statement 2 is incorrect: The Constitution of India does not explicitly mention the power of judicial review. Instead, this power is derived from various provisions, particularly Articles 13, 32, 131-136, 143, 226, and 246. Judicial review allows the Supreme Court and High Courts to examine the constitutionality of legislative and executive actions, ensuring they do not violate fundamental rights or other constitutional provisions. This power is essential in maintaining the supremacy of the Constitution and protecting citizens' rights.

Hence, Neither of the statements is correct.

Explanation

Statement 1 is Incorrect: The DPSP, enshrined in Part IV of the Constitution, are not legally enforceable by courts. This means that if the government fails to implement them, citizens cannot approach the courts to demand their enforcement.

Statement 2 is Correct: Since DPSPs are non-justiciable, courts cannot compel the government to implement them.

Statement 3 is Correct: The Directive Principles are meant to guide the government in creating laws and policies that promote social and economic justice. They act as a moral and political directive for the government to work toward reducing inequalities, ensuring social welfare, and promoting an equitable society.

Explanation

Article 85(1) of the Constitution empowers the President to summon each House of Parliament to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one Session and the date appointed for its first sitting in the next Session. So, the Constitution provides for the maximum gap between two sessions of Parliament, i.e. it cannot be more than six months. In other words, the Parliament should meet at least twice a year. Therefore the constitution prescribes a maximum gap but there is no minimum gap.

So, statement 1 and 3 are correct, and 2 is not correct.

Therefore the correct answer is (c).

Explanation

The correct answer is D. a part of the Constitution but has no legal effect independently of other parts.

The Preamble of the Indian Constitution sets out the guiding principles and objectives of the document. While it is an integral part of the Constitution (Kesavananda Bharati case), it cannot be directly enforced in a court of law.

The Supreme Court of India has clarified that the Preamble can be used to interpret ambiguous provisions within the Constitution but cannot be used to strike down laws as unconstitutional on its own. It serves as a guiding light for understanding the spirit and intent of the Constitution.

Explanation

Qualifications a person should possess to become eligible for appointment as a minister are

• He should be a citizen of India.
• He should be above 25 years of age
• He should not hold any office of profit under the government of India
• If he is not a member of Parliament, then he should be elected to the Lok Sabha or the Rajya Sabha within six months after he is appointed a minister.

Statement 1 is incorrect. A person is eligible to vote at the age of 18 years while it is necessary to have the age of 25 years to become a minister.

Statement 2 is incorrect. Section 8 (3) of the RP Act states that if an MP or MLA is convicted for any other crime and is sent to jail for 2 years or more, he/ she will be disqualified for 6 years from the time of release.

Explanation

Gandhism envisions a decentralized, self-governing society grounded in principles of cooperation and non-violence. This vision is often referred to as Ramarajya, which represents an ideal state of harmony, justice, and community welfare. In this ideal society, government intervention would be minimal, and local communities would play a significant role in decision-making and managing their own affairs. The focus would be on mutual support and sustainable living, where social and economic activities are guided by ethical and spiritual values rather than power and authority.

Marxism, on the other hand, advocates for the creation of a classless, communist society. In this vision, the state eventually "withers away" as social and economic inequalities disappear. With the abolition of private property and class distinctions, the need for a formal government structure would no longer exist. Marxism envisions a society where people govern themselves collectively, without the need for state control or coercive institutions.

Though these ideologies differ in their methods and underlying principles, Gandhism focusing on moral and community-based governance and Marxism focusing on economic and class struggle, both ultimately aim for a future society free from the traditional structures of the state, where governance is decentralized and rooted in the well-being of the people.

Hence the correct answer is option A. The Final Goal of a Stateless Society.

Explanation

The Preamble, Directive Principles of State Policy, and Fundamental Duties of the Constitution of India reflect the principles and provisions of the Universal Declaration of Human Rights (1948).

The Preamble outlines the philosophical foundations of the Indian Constitution which is closely aligned with the Universal Declaration of Human Rights.

The Directive Principles of State Policy are guidelines for the framing of laws by the government, aiming at creating a social order characterized by justice, liberty, equality, and fraternity as outlined in the Declaration.

The Fundamental Duties, though primarily obligations of the citizens, also reflect the individual's duty towards the community as emphasized in the Universal Declaration.

Explanation

Article 38(1) of the Indian Constitution mandates that the State shall strive to promote the welfare of the people by securing and protecting a social order in which justice (social, economic, and political) forms the foundation of all institutions in the nation. This article emphasizes the importance of creating a system where justice is not just theoretical but embedded in every aspect of national life, influencing policies, governance, and society as a whole.

This provision is part of the Directive Principles of State Policy (DPSP), which are guidelines for the State to follow in establishing a just society.

Explanation

Untouchability is a form of discrimination that violates the principle of equality among citizens, regardless of caste. To uphold this principle, Article 17 of the Constitution explicitly abolishes untouchability, making it one of the five rights under the broader Right to Equality (Articles 14-18). Therefore, the correct answer is option D.

Explanation

A constitutional government is, by definition, a limited government. In a constitutional government, the powers of the government are restricted by a constitution. This document sets out the rules, principles, and framework within which the government must operate.

One of the core features of a constitutional government is the separation of powers. This principle divides the governmental authority into distinct branches (legislative, executive, and judiciary) to ensure that no single branch gains too much power.

It also guarantees fundamental rights, ensuring government actions remain within a legal framework.

Thus, a constitutional government operates under checks and balances, preventing absolute power and upholding the rule of law.

Explanation

Option B is the correct answer. A parliamentary system of government is one in which the executive is responsible to the legislature. This responsibility means that the executive stays in power as long as it enjoys the confidence of the house. The moment the confidence is lost, it can be removed by Parliament by passing the no-confidence motion. This is the same feature which hampers the stability of the parliamentary system.

Options A and C are incorrect. Parliamentary system functions irrespective of whether all parties have representation. The government is not directly elected by the people but indirectly through their representative in Parliament. Therefore, the instrument to remove the government through public vote is not available in the parliamentary system; this is a feature found in direct democracies.

Option D goes against the fundamental principle of parliamentary democracy which requires an executive responsible to the legislature.

Therefore the correct answer is B.

Explanation

Statement 1 is incorrect: The Supreme Court ruled that Aadhaar metadata cannot be stored for more than six months, which invalidated the provision in the Aadhaar Act that allowed the storage of such data for up to five years.

Statement 2 is correct: The Supreme Court struck down Section 57 which allowed private corporations to verify Aadhaar data. The Court held this provision unconstitutional, as it was seen to violate privacy rights.

Statement 3 is incorrect: The 2018 Supreme Court judgment declared that making Aadhaar mandatory for services beyond welfare schemes, including financial services like insurance or for preventing money laundering, was unconstitutional. In response to this ruling, the IRDAI issued an advisory in 2019, clarifying that Aadhaar is not mandatory for obtaining insurance. It also withdrew its earlier 2017 policy that had made Aadhaar compulsory for insurance in the context of anti-money laundering measures.

Statement 4 is correct: In the Aadhaar verdict, the Supreme Court upheld Section 7 of the Aadhaar Act, which allows the Central or State Governments to make Aadhaar authentication mandatory for receiving subsidies, benefits, or services funded by the Consolidated Fund of India. The Court defined welfare schemes as those funded by the Consolidated Fund of India, thus validating the use of Aadhaar for such schemes.

Therefore, the correct answer is B. 2 and 4 only.

Explanation

Article 50 of the Indian Constitution recommends State take efforts to separate the judiciary from the executive in the public services of the State.

Therefore the correct answer is B.

Explanation

The Rajya Sabha and the Lok Sabha, the two houses of India's Parliament, have different powers and functions. While the Lok Sabha is the lower house with members directly elected by the people, the Rajya Sabha is the upper house with members indirectly elected by the states.

However, when it comes to amending the Constitution, both houses have equal powers. According to Article 368 of the Indian Constitution, any amendment to the Constitution requires the approval of both the Rajya Sabha and the Lok Sabha.

Therefore, for a constitutional amendment to be valid, it must be approved by both houses of Parliament, giving them equal powers in the process.

Explanation

Bureaucracy, in India, refers to the permanent administrative machinery that carries out the day-to-day operations of the government. This includes implementing laws, policies, and programs formulated by the legislative and executive branches.