Constitution Basics — Set 2

Correct Answer: D. Fourth Schedule

• **Fourth Schedule** = deals with allocation of seats in the Rajya Sabha to the States and Union Territories. • **Schedules 3, 4, 5** — Third Schedule = Oaths and Affirmations; Fourth Schedule = Rajya Sabha seat allocation; Fifth Schedule = Scheduled Areas administration. • 💡 Option A (Third Schedule) is wrong because it contains forms of Oaths and Affirmations for constitutional functionaries; Option B (Sixth Schedule) is wrong because it deals with tribal areas of Assam, Meghalaya, Tripura, and Mizoram; Option C (Fifth Schedule) is wrong because it deals with administration and control of Scheduled Areas.

Correct Answer: D. First Amendment (1951)

• **First Amendment Act, 1951** = added the Ninth Schedule to the Constitution to shield land reform laws from judicial challenge. • **Ninth Schedule** — laws placed in it were initially immune from court scrutiny; in I.R. Coelho case (2007) the Supreme Court ruled laws added after April 24, 1973 are open to judicial review. • 💡 Option A (Seventy-third Amendment, 1992) is wrong because that amendment added Part IX and the Eleventh Schedule for Panchayats; Option B (Forty-second Amendment, 1976) is wrong because it is known as the 'Mini Constitution' that changed the Preamble; Option C (Forty-fourth Amendment, 1978) is wrong because it reversed many 42nd Amendment changes and removed Right to Property from Fundamental Rights.

Correct Answer: B. Part III

• **Part III** = contains Fundamental Rights (Articles 12–35) and is called the 'Magna Carta' of India. • **Magna Carta** — the original Magna Carta (1215) of England was the first charter of rights; Part III earns the same title for its comprehensive, justiciable rights protecting civil liberties. • 💡 Option A (Part IV) is wrong because Part IV contains Directive Principles of State Policy (Articles 36–51), not Fundamental Rights; Option C (Part V) is wrong because Part V deals with the Union — Parliament and the President; Option D (Part II) is wrong because Part II covers Citizenship (Articles 5–11).

Correct Answer: C. Part IV

• **Part IV** = contains Directive Principles of State Policy (DPSP) under Articles 36 to 51. • **Non-justiciable** — unlike Fundamental Rights, DPSP cannot be enforced in a court of law, yet they are fundamental in the governance of the country. • 💡 Option A (Part VI) is wrong because Part VI deals with the States — their legislatures and executives; Option B (Part III) is wrong because Part III contains Fundamental Rights, not DPSP; Option D (Part V) is wrong because Part V deals with the Union — Parliament, President, and the Supreme Court.

Correct Answer: C. Swaran Singh Committee

• **Swaran Singh Committee** = recommended the inclusion of Fundamental Duties, which were added by the 42nd Amendment Act, 1976. • **Article 51A, Part IV-A** — originally 10 duties were listed; the 86th Amendment (2002) added an 11th duty (to provide opportunities for education to children aged 6–14). • 💡 Option A (Verma Committee) is wrong because the Verma Committee (1999) only reviewed whether Fundamental Duties were being implemented, it did not recommend adding them; Option B (Mandal Commission) is wrong because it dealt with OBC reservations, not constitutional duties; Option D (Sarkaria Commission) is wrong because it was set up to.

Correct Answer: C. Article 1

• **Article 1** = describes India (Bharat) as a 'Union of States', which means no state can secede from the Union. • **Union, not Federation** — Dr. Ambedkar chose 'Union' over 'Federation' to emphasize that India is an indestructible union of indestructible states. • 💡 Option A (Article 4) is wrong because Article 4 deals with laws made under Articles 2 and 3 (not to be treated as amendments); Option B (Article 3) is wrong because Article 3 empowers Parliament to form new states or alter boundaries; Option D (Article 2) is wrong because Article 2 deals with admission or establishment of new states into the Union.

Correct Answer: B. N.A. Palkhivala

• **N.A. Palkhivala** = called the Preamble the 'Identity Card of the Constitution'; he was an eminent jurist and constitutional expert. • **Multiple Descriptions** — K.M. Munshi called it 'Horoscope of our sovereign democratic republic'; Thakurdas Bhargava called it the 'soul of the Constitution'. • 💡 Option A (K.M. Munshi) is wrong because Munshi called the Preamble the 'Horoscope', not the 'Identity Card'; Option C (Dr. B.R. Ambedkar) is wrong because Ambedkar called Article 32 the 'Heart and Soul', not the Preamble; Option D (Jawaharlal Nehru) is wrong because Nehru described it as a 'soul of the Constitution', a phrase also attributed to others.

Correct Answer: A. 42nd Amendment

• **42nd Amendment Act, 1976** = added the words 'Socialist', 'Secular', and 'Integrity' to the Preamble — the only amendment to the Preamble so far. • **Emergency Period** — the 42nd Amendment was passed during the Emergency (1975–77) under Indira Gandhi's government; it is called the 'Mini Constitution'. • 💡 Option B (44th Amendment) is wrong because the 44th Amendment (1978) reversed many 42nd Amendment changes but did not amend the Preamble; Option C (86th Amendment) is wrong because it added the right to education as Article 21A; Option D (73rd Amendment) is wrong because it related to Panchayati Raj institutions.

Correct Answer: D. Federation with a strong Centre

• **Canada** = source for the concept of 'Federation with a strong Centre' and the vesting of residuary powers at the Centre. • **Residuary Powers** — in India, as in Canada, subjects not mentioned in any list (residuary powers) vest with the Centre (Union List Entry 97), unlike the USA where they vest with states. • 💡 Option A (Impeachment of President) is wrong because the impeachment procedure is borrowed from the USA; Option B (Republic) is wrong because the concept of Republic (elected head of state) was an original Indian decision; Option C (Fundamental Rights) is wrong because Fundamental Rights were borrowed from the USA's Bill of Rights.

Correct Answer: B. 52nd Amendment

• **52nd Amendment Act, 1985** = added the Tenth Schedule to the Constitution, known as the Anti-Defection Law. • **Tenth Schedule** — disqualifies a member if they voluntarily give up party membership or vote/abstain contrary to party direction; the Speaker/Chairman decides. • 💡 Option A (61st Amendment) is wrong because the 61st Amendment (1988) reduced the voting age from 21 to 18 years; Option C (73rd Amendment) is wrong because it added Part IX and the Eleventh Schedule relating to Panchayati Raj; Option D (86th Amendment) is wrong because it inserted Article 21A making education a fundamental right.