Union-State Relations — Set 2

Correct Answer: A. Articles 256-263

Articles 256-263 in Part XI deal with administrative relations between the Union and the States. Article 256 — obligation of States and Union; Article 257 — control of Union over states; Article 258 — power to confer powers etc. on states; Article 260 — jurisdiction with respect to territories outside India; and Article 263 — Inter-State Council.

Correct Answer: A. Religion, Race, Caste, Sex, Place of birth

Article 15 prohibits the State from discriminating against citizens on grounds of religion, race, caste, sex, or place of birth. This applies to access to public places, use of public facilities, and state-run services. Article 15(3) allows special provisions for women and children, and Article 15(4) allows reservations for socially and educationally backward classes. Article 15(5) added by the 93rd Amendment allows reservations in private educational institutions.

Correct Answer: B. Article 19

Article 19 guarantees six fundamental freedoms to citizens including freedom of speech and expression, assembly, association, movement, residence, and profession. These rights are not absolute and can be restricted by the State on reasonable grounds specified in clauses (2) to (6). The grounds for restricting speech include sovereignty and integrity of India, security of the state, friendly relations with foreign states, public order, decency, and morality. Article 19 applies only to citizens, not foreign nationals.

Correct Answer: B. Article 20(2)

Article 20(2) provides protection against double jeopardy, which means no person can be prosecuted and punished for the same offence more than once. This protection is available once a person has been either convicted or acquitted of an offence. Article 20(1) protects against ex-post facto laws, Article 20(2) against double jeopardy, and Article 20(3) against self-incrimination. These are protections against arbitrary criminal prosecution.

Correct Answer: B. The State Governments to comply with Union laws and the Union to ensure states do so

Article 256 provides that the executive power of every state shall be so exercised as to ensure compliance with the laws made by Parliament and any existing laws which apply in that state; and the executive power of the Union shall extend to giving such directions to the state as may appear to the Government of India to be necessary for that purpose. This constitutional provision under Article 256 is an essential part of the Indian constitutional framework Understanding this constitutional provision is essential for competitive examinations and civic awareness. Understanding this provision thoroughly is essential for civil services, judicial services, and other competitive examinations.

Correct Answer: C. 97 subjects

The Seventh Schedule divides subjects into three lists: (1) Union List (List I) — 97 subjects including defence, foreign affairs, atomic energy, railways; (2) State List (List II) — 66 subjects including police, public health, agriculture; (3) Concurrent List (List III) — 47 subjects where both Parliament and state legislatures can legislate, including criminal law, marriage, education. The Schedules of the Indian Constitution contain important lists and tables that supplement the main text Understanding this constitutional provision is essential for competitive examinations and civic awareness. The Ninth Schedule was added by the 1st Amendment in 1951 to protect land reform laws from judicial review on fundamental rights grounds.

Correct Answer: B. Maneka Gandhi case

The Maneka Gandhi vs Union of India (1978) case gave Article 21 an expanded meaning by holding that 'procedure established by law' must be fair, just, and reasonable (not merely any procedure). Earlier, the A.K. Gopalan case (1950) had held a narrow interpretation. After Maneka Gandhi case, the Court has read many rights into Article 21 including right to livelihood, right to health, right to education, right to privacy, and right to a clean environment.

Correct Answer: C. 3 months

Article 22 provides safeguards against arrest and detention. Under Article 22(4), no law for preventive detention can authorize detention beyond 3 months unless an Advisory Board (consisting of judges or persons qualified to be judges of High Court) has reported sufficient cause for such detention. The person detained must be informed of the grounds of detention and given opportunity to make a representation. These rights cannot be suspended during an Emergency.

Correct Answer: B. Traffic in human beings and forced labour

Article 23 prohibits traffic in human beings (includes slavery, prostitution, and other forms of human trafficking) and beggar (forced labour). These are Fundamental Rights enforceable against both the State and private individuals. Article 24 separately prohibits employment of children below 14 years in factories, mines, or hazardous employment. Article 23 and 24 together form the Right against Exploitation.

Correct Answer: B. Freedom of conscience and right to practice religion

Articles 25-28 guarantee freedom of religion. Article 25 gives every person the right to freely profess, practice, and propagate religion subject to public order, morality, and health. Article 26 gives religious denominations the right to manage their religious affairs. Article 27 provides that no person shall be compelled to pay taxes for promotion of any religion. Article 28 prohibits religious instruction in State-funded educational institutions.