Basics of Constitution MCQ Quiz - Objective Question with Answer for Basics of Constitution - Download Free PDF

The correct answer is Canada.

Key Points

• The framers of the Indian Constitution borrowed the idea of ‘vesting residuary powers with the Centre’ from the Constitution of Canada.
• In the Indian Constitution, residuary powers are mentioned under Article 248 and are assigned to the Union Parliament.
• This contrasts with the federal systems of countries like the United States, where residuary powers are vested with the states.
• The Canadian model influenced India due to its quasi-federal structure, which combines elements of both federal and unitary systems.
• Residuary powers allow the Centre to legislate on matters not enumerated in the Union List, State List, or Concurrent List.

Additional Information

• Federal System:
  • A federal system is a form of government where powers are divided between a central authority and its constituent units (states or provinces).
  • India is often described as a quasi-federal state due to its strong centralizing tendencies.
• Residuary Powers in India:
  • Residuary powers are those powers that are not explicitly mentioned in any of the three lists of the Seventh Schedule of the Indian Constitution.
  • These powers are exclusively vested in the Parliament under Article 248.
• Seventh Schedule of the Indian Constitution:
  • The Seventh Schedule contains three lists: the Union List, the State List, and the Concurrent List.
  • The Union List comprises subjects on which only the central government can legislate, while the State List is for state legislatures.
  • The Concurrent List allows both the Union and State governments to legislate on shared matters.
• Canadian Influence on Indian Federalism:
  • The Canadian Constitution inspired India’s approach to residuary powers to ensure a strong central authority.
  • Like Canada, India also employs a system where certain powers are centralized to maintain national integrity and uniformity.

The correct answer is Parliamentary and Federal.

Key Points

• India is a Sovereign Socialist Secular Democratic Republic with a parliamentary system of government.
• The systems of Government adopted by India are Parliamentary and Federal forms.
• Parliamentary system is a democratic form of government in which the party with the greatest representation in the parliament forms the government, its leader becoming Prime Minister.
• Federalism is the system of government in which the same territory is controlled by two levels of governments.
• A federal system of government divides the power of the government between the national and state and local levels.

 Thus, we can say that the Parliamentary and the Federal systems of government was adopted by India.

Federalism in India is different from a typical federal system. It is inclined towards Central Government. It is also flexible in nature.

Important PointsFeatures of a federal government:

1. There are two levels of government: at central and at provincial level. 
2. The jurisdictions and powers of both governments are specified in the constitution. State Governments are independent in their own spheres. They are answerable only to the courts of law in the country in accordance with constitution.  
3.  Supremacy of the Constitution: Federal Government is based on the supremacy of the constitution. The constitution can not be changed unilaterally by the Central Government. 
4.  In case of any conflict, courts act as the umpire by interpreting the constitution and powers of both governments.
5. Central Government alone can not pass an order to State Government on its own. 

Therefore, statement II and III are correct. 

The correcta answer is Dual Government

Explanation:

Federalism is a system of government in which powers are divided between a central authority and constituent political units, such as states or provinces. This division is established by a constitution, which allocates certain powers to the national government while reserving the rest for the local governments. The federal structure aims to combine a strong central government for national unity and efficiency with local governments for regional autonomy and cultural diversity. One of the critical debates around federalism concerns identifying its most essential features. Among proposed candidates, one stands out as fundamental to the federal nature of a constitution.

 Key Points

• Dual Government: The essence of federalism lies in its establishment of two levels of government, each with its own direct authority over its citizens and a specific area of legislative territory. This system allows for a division of responsibilities, where the central government typically handles national defense, foreign policy, and regulating interstate commerce, while the states or provinces manage education, local law enforcement, and other regional matters. The existence of dual government ensures that power is not centralized in one entity, providing checks and balances that protect individual freedoms and prevent tyranny.
• Separation of Powers: While critical for maintaining a balanced and fair government, the separation of powers into three branches (legislative, executive, judicial) is not unique to federal systems. It is a governance principle that can be, and is, applied in unitary states as well. Therefore, though vital for the operation of a federal system, it is not its defining feature.
• Bicameral Legislature: The presence of two legislative chambers often supports the federal structure by representing different interests — one usually representing the population at large and the other representing the states or provinces. However, bicameral legislatures exist in some unitary states as well, and not all federal states have bicameralism. Therefore, it is a common but not essential feature of federalism.
• Federal Court: A federal court system helps interpret the constitution and resolve disputes between states and the federal government. While important for federalism, especially in interpreting the powers of different government levels, the presence of a federal court is not the fundamental feature that defines a federal system.

Additional Information

The concept of dual government is foundational to understanding federalism because it directly impacts how power and governance are organized within a country. This arrangement allows for a closer and more responsive government at the local level, while still maintaining a strong central government capable of unifying the nation on crucial matters. It also fosters a healthy balance of power, encourages political participation, and accommodates regional differences within the same country. Moreover, the federal system can enhance stability and provide a framework for resolving conflicts among diverse groups by ensuring their representation at multiple levels of governance.

Secularism:

• Secularism in the Indian context means first, ‘Dharmanirapaksata’ or impartiality to religion and secondly, ‘Sarva Dharma Sama Bhava’ or equal respect for all religions based on the principle of accommodation of all religions.

• A Secular State does not identify itself with any particular religion but protects and respects all faiths until they become a danger to the unity and integrity of the country.
• The most essential factor of secularism was granting equal status to all religions in India.

• Indian secularism is a multi-value character and gives importance to moral reasoning and equally respecting all religions.

Indian Federal System

• A federal system is different from a unitary system in that sovereignty is constitutionally split between two territorial levels, so that each level can act independently of each other in some areas.
• India is a federal system but with more tilt towards a unitary system of government. So, every state government does not have powers of its own. 
• It is sometimes considered a quasi-federal system as it has features of both a federal and a unitary system.

Important Points

• In Keshavananda Bharti v/s. State of Kerala dispute (1973), a 13 member Constitution Bench of the Supreme Court laid down the principle of the basic structure of the Constitution. 
• The doctrine of the basic structure of the constitution is given by the supreme court in the Keshvanand Bharti case(1973).
• According to this doctrine, Parliament with its amending power can't amend the basic features of the Constitution.
• The present position is that the Parliament under Article 368 can amend any part of the Constitution including the Fundamental Rights but without affecting the ‘basic structure’ of the Constitution.

From the various judgments, the following have emerged as ‘basic features of the Constitution or elements/components/ingredients of the ‘basic structure’ of the constitution:

• The supremacy of the Constitution.
• Separation of powers between the legislature, the executive and the judiciary.
• Republic and democratic form of government.
• Secular character of the Constitution.
• Federal character of the Constitution.
• Sovereignty and unity of India.
• Freedom and dignity of the individual.
• Parliamentary System.
• The mandate to build a welfare state.
• India as a sovereign democratic republic.
• Equality of status and opportunity of an individual.
• Secularism and freedom of conscience and religion.
• Government of laws and not of men (i.e., Rule of Law)
• Judicial review.
• Free and fair elections which is implied in democracy.
• Limited power of Parliament to amend the constitution.
•  Harmony and balance between fundamental rights and directive principles.
• Effective access to justice.
• Welfare State (Socioeconomic justice).
• Powers of the Supreme Court under Articles 32, 136, 141 and 142
• Principle of equality
• Independence of judiciary.
• Powers of the High Court under Articles 226 and 227.
• Limited power of Parliament to amend the Constitution.

The correct answer is Part III.

Key Points

• Article 32 of the Indian Constitution gives the right to individuals to move to the Supreme Court to seek justice.
• Under Article 32, the parliament can also entrust any other court to exercise the power of the Supreme Court, provided that it is within its Jurisdiction.
• Article 32 is for the enforcement of Fundamental Rights.
• The nature of the Writ Jurisdiction provided under this Article is discretionary.

• There are five types of Writs as provided under Article 32 of the Constitution:
  • Habeas Corpus.
  • Quo Warranto.
  • Mandamus.
  • Certiorari.
  • Prohibition.

Additional Information

The correct answer is Nomination of Members to Rajya Sabha.

• The procedure for the nomination of members to the Rajya Sabha is borrowed from Ireland.

Key Points

• Canadian Constitution: 
  • Advisory Jurisdiction of Supreme Court.
  • A federal system with a strong center.
  • Residual powers vest at the center.
  • Appointment of State Governors.

Additional Information

Sources of Indian Constitution

The correct answer is the 86^th amendment.

Key Points

• The 86^th amendment to the Constitution of India in 2002, provided the Right to Education as a Fundamental Right in Part-III of the Constitution.
• The amendment inserted Article 21A which made the Right to Education a fundamental right for children between 6-14 years.
• The 86^th amendment provided for follow-up legislation for Right to Education Bill 2008 and finally Right to Education Act, 2009.

The correct answer is Australia.

Key Points

The following things have been borrowed from the Constitution of Australia:

1. Concurrent List.
2. Freedom of trade.
3. Commerce and intercourse.
4. The joint sitting of the two Houses of Parliament.

Additional Information

• The other borrowed provisions from different countries and details of those are given in below:

The correct answer is Education.

Key Points

• There are six fundamental rights enshrined in Part III (Articles 12 to 35) of the constitution of India.
• Fundamental rights apply universally to all citizens, irrespective of race, birthplace, religion, caste or gender.
• Article 21A of the Constitution of India provides the Right to Education.
• The RTE Act of the Parliament of India was enacted on 4 August 2009 and came into force on 1 April 2010.
• The Constitution (86th Amendment) Act, 2002 inserted Article 21A in the Constitution of India to provide free and compulsory education of all children in the age group of six to fourteen years as a Fundamental Right.

Additional Information

• The Fundamental Rights enshrined in the Constitution are-

The correct answer is 5.

Important Points

The Right to Equality provides:

• For the equal treatment of everyone before the law
• Prevent discrimination on various grounds
• Treats everybody as equals in matters of public employment  
• Abolish untouchability and titles

The article mentioned under the right to equality

The correct answer is option 4 i.e UK.

• In the Indian constitution, the section on Citizenship draws inspiration from the UK.
• The United Kingdom is the common name of The United Kingdom of Great Britain and Northern Ireland.
• India borrowed many features from different countries while preparing the country's constitution.
  • The constitution of India was adopted by the constituent assembly on 26^th November 1949.
  • The constitution of India came into force on 26^th January 1950.
  • The constituent assembly took 2 years 11 months and 18 days to frame the constitution of India.
• Major features borrowed from the UK are:
  1. Writs.
  2. Single Citizenship.
  3. Office of Comptroller and Auditor General.
  4. Rule of Law.
  5. Parliamentary form of Government.
• Major features borrowed from the USA are:
  1. Preamble.
  2. Judicial Review.
  3. Fundamental Rights.
  4. Impeachment.
  5. Functions of Vice President.
• Major features borrowed from Australia are:
  1. Joint sitting.
  2. Trade and Commerce.
  3. Concurrent list.
• Major features borrowed from France are.
  1. Republic.
  2. Ideals of Liberty, Equality, and Fraternity.

The correct answer is Kanhaiyalal Maniklal Munshi.

• Kanhaiyalal Maniklal Munshi described the preamble of the Indian Constitution as the 'Political horoscope of the Indian Constitution'.

Additional Information

• The Preamble of the Indian constitution is based on "Objectives Resolution".
• It was drafted and moved by Pandit Jawahar Lal Nehru and adopted by the constituent assembly.
• In the historic case of Kesavananda Bharati (1973), Supreme Court held that Preamble is a part of the constitution and can be amended under article 368, subject to the condition that no amendment is done to the "Basic structure".
• The Preamble has been amended only once so far, in 1976 by the 42nd Constitutional amendment Act.
• The term ‘Socialist’, ‘Secular’, and ‘Integrity’ were added to the preamble through 42nd Amendment Act, 1976. 
• ‘Socialist’ and ‘Secular’ were added between ‘Sovereign’ and ‘Democratic’.
• ‘Unity of the Nation’ was changed to ‘Unity and Integrity of the Nation’.
• By the 42nd Constitutional amendment act 1976, three new words - Socialist, Secular and Integrity are added to the preamble.

The correct answer is 22.

Important Points

• The eighth schedule of the Indian constitution deals with official languages recognized by the Indian Constitution.
• Currently, 22 languages have been recognized by the Indian constitution.
• They are:

Key Points

How to remember all the schedules: Code for 12 schedules is - TEARS OF OLD PM

1st Schedule: T- Territory,

2nd Schedule: E- Emoluments/salary,

3rd Schedule: A- Affirmation/Oath,

4th Schedule: R- Rajya Sabha,

5th Schedule: S- Scheduled Tribes,

6th Schedule: O- Other Tribes,

7th Schedule: F- Federal (Division Of Powers),

8th Schedule: O- Official Regional Languages,

9th Schedule: L- Land Reform,

10th Schedule: D- Defection (Anti-Defection Law),

11th Schedule: P- Panchayati Raj,

12th Schedule: M- Municipal Corporation

The correct answer is option 3, i.e Directive Principle of State Policy.

Key Points

• Directive Principle of State Policy (DPSP):
  • The DPSP is taken from the Irish Constitution.
  • The DPSP is very essential for the social, economical and political development of the country.
  • There are 16 DPSP in our constitution, i.e from articles 36 to 51.
  • The DPSP are non-justiciable in nature.
  • The Directive principle of state policy under article 40, gives details about the formation of Village Panchayat as a unit of self-government.
• Fundamental Rights:
  • The concept of a fundamental right is taken from the American constitution.
  • There are 6 fundamental rights in our constitution.
  • These are justiciable in nature, so one can approach the supreme court in case of violation of their fundamental rights directly.
• Fundamental Duties:
  • The fundamental duties are taken from the USSR constitution.
  • These are recommended after the Sardar Swaran Singh Committee.
  • There are 11 duties provided in the constitution, which citizens must follow as being responsible for the country.