04 June 2023 Static Quiz

Correct Answer: A
Explanation
• All the pairs are incorrectly matched. Hence, correct answer is A.
• The idea of residual powers was borrowed from the Canadian Constitution. A quasi-federal form of government (a federal system with a strong central government) thus adopted from Canadian Constitution.
• The power of judicial review and independence of the judiciary was borrowed from the Constitution of the United States of America.
• The idea of the rule of law was borrowed from the British Constitution. The principles of Liberty, Equality and Fraternity was borrowed from the French Constitution.

Correct Answer: D
Explanation
• Statement 1 is correct. The most important function of the constitution is to restrict the
exercise of power by the state. Modern states are excessively powerful. They have a monopoly
over force and coercion. If the power falls in the wrong hands, state can work against few sections
of the society.
• Statement 2 is correct. Constitutions work not only to limit people in power but to empower
those who traditionally have been deprived of it. Reasonable restrictions under Article 19 (2) to
19(6) restricts the freedom of the people.
• Statement 3 is correct. Nehru during the debates in constituent assembly emphasized on the
role of constitution to represent a collective demand for full self -determination.

Correct Answer: B
Explanation
• Statement 1 is incorrect. The first Constituent Assembly for undivided India was constituted in November 1946 under the scheme formulated by the Cabinet Mission Plan.
• The Indian Independence Act of 1947 made the Constituent Assembly a fully sovereign body, which could frame any Constitution it pleased. The act empowered the Assembly to abrogate or alter any law made by the British Parliament in relation to India. Hence, Statement 2 is correct.
• Statement 3 is correct. In addition to the making of the Constitution and enacting of ordinary laws, the Constituent Assembly performed the following functions:
1. It ratified the India’s membership of the Commonwealth in May 1949.
2. It adopted the national flag on July 22, 1947.
3. It adopted the national anthem on January 24, 1950.
4. It adopted the national song on January 24, 1950.
5. It elected Dr Rajendra Prasad as the first President of India on January 24, 1950.

Correct Answer: C
Explanation
● Fundamental Rights and Power of judicial review limit the power of the government. Hence, the correct answer is C.
● The Fundamental Rights prevent the establishment of an authoritarian and despotic rule in the country, and protect the liberties and freedoms of the people against the invasion by the State. They operate as limitations on the tyranny of the executive and arbitrary laws of the legislature.
● All laws that are inconsistent with or in derogation of any of the fundamental rights shall be void (Article 13). The power of judicial review has been conferred on the Supreme Court (Article 32) and the high courts (Article 226) that can declare a law unconstitutional and invalid on the ground of contravention of any of the Fundamental Rights.
● The Directive principles that are to be treated as fundamental in the governance of the state. However, they are not judicially enforceable.
● The fundamental duties are a combination of both moral and civic duties for the citizen. These were added during the operation of internal emergency (1975–77) by the 42nd Constitutional Amendment Act of 1976 on the recommendation of the Swaran Singh Committee.

Correct Answer: B
Explanation
• The word fundamental suggests that these rights are so important that the Constitution has separately listed them and made special provisions for their protection.
• The Fundamental Rights are so important that the Constitution itself ensures that they are not violated by the government.
• Statement 1 is correct. The Fundamental Rights provide the necessary conditions for the material and moral protection of man. 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 all-round development (material, intellectual, moral and spiritual) of the individuals.
• Statement 2 is correct. The Fundamental Rights facilitate the participation of people in the political and administrative process.
• Statement 3 is incorrect. The Fundamental Rights check the absoluteness of the authority of the government. It does not check the sovereignty of the state. In order to safeguard the sovereignty, unity, integrity and security of the country, the democratic political system and the Constitution,
there is an elaborate provision on curtailing the Fundamental Rights. For an example, imposition of national emergency.
• Statement 4 is correct. The Fundamental Rights lay down the foundation stone of social equality and social justice.