Constitution as a Living Document: NBSE Class 11 Political Science

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Here, you will find summaries, questions, answers, textbook solutions, pdf, extras etc. of (Nagaland Board) NBSE Class 11 Political Science Chapter 18:  Constitution as a Living Document. These solutions, however, should be only treated as references and can be modified/changed.

Introduction

The chapter titled “Constitution as a Living Document” explores the dynamic nature of constitutions, focusing on India’s Constitution. It emphasizes that no constitution is static; it evolves with the nation’s growth and changing needs. The American Constitution, the world’s oldest written constitution, has guided democratic institutions for over two centuries with only 27 amendments. In contrast, France has had five constitutions since 1792, reflecting the dynamic nature of constitutions.

The chapter discusses the core provisions of India’s Constitution, including Fundamental Rights, secularism, and federalism. These provisions have provided the Constitution with the flexibility to adapt to socioeconomic transformations. The document also highlights the amendment procedure of India’s Constitution, which includes amendments by simple majority, special majority, and special majority plus ratification by states.

It further discusses the democratic character of the Indian Constitution, emphasizing universal adult franchise, individual freedom and rights, social justice, diversity and pluralism, secularism, and federalism. It also mentions independent constitutional authorities like the Comptroller and Auditor-General of India (CAG) and the Election Commission.

Textual questions and answers

A. Long answer questions

1. “No Constitution is static, it is a dynamic document.” Comment, giving reasons why no Constitution can remain static.

Answer: Naturally, no Constitution can have any claim to permanence. The situations and circumstances change. Therefore, the Constitution must be changed when the situation required it to be changed. The Constitution which fails to meet the requirements of a growing society is apt to be destroyed by the masses. The Constitution is, undoubtedly, a Fundamental Law of the Land, but that does not make it a document so sacred as can never be changed. Lord Macaulay once remarked that “the great cause of Revolution is this: that while nations move onward, Constitutions stand still.” At the same time, a Constitution should not be allowed to become “a plaything of politicians.” That lowers its prestige. The arguments that “every Generation should have a new Constitution” do not have much logic or cogency. The legislators cannot be allowed to twist Constitution simply because they have a majority in the Parliament.

2. “Our Constitution came into force on 26 January 1950 and has been in existence since then.” Comment, mentioning core provisions of the Constitution of India.

Answer: The Constitution of India came into force on 26 January, 1950. Since then it has been amended as many as 101 times. Despite such a large number of amendments, the Constitution that we adopted in 1950 has been in existence until now. During all these years we have been subjected to many stresses and strains. The Proclamation of Emergency in June 1975 was a sad story. Something like this should have never happened in a democratic country. There was a bitter controversy over the supremacy of Parliament vis-à-vis Judicial Supremacy. But in the course of time, the difficult situation resolved itself much more easily than we had expected. The Constitution is living and stays strong. There are several good reasons why the same Constitution continued working. Core Provisions: Makers of the Constitution gave due consideration to both the factors the factor of ‘Growth’ and that of ‘Permanence’. The philosophy and core provisions of the Constitution—the Fundamental Rights, concern for the SCS, STS and other disadvantaged groups, Secularism, Federalism and Democratic Institutions are basically sound.

3. Describe those provisions which require

(a) Special Majority and

Answer: The second set of Articles can be amended by a Special Majority, i.e., a majority of the total membership of the House and a majority of not less than two-thirds of the members of that House present and voting. Many Articles of the Constitution including those that deal with the Fundamental Rights and Directive Principles of State Policy, can be amended in this manner. This procedure is comparatively more rigid than the one which prescribes amendments by Simple Majority. But this is a justifiable method. Fundamental Rights protect some vital liberties of the citizens and other individuals. The Directive Principles protect our socio-economic rights. Therefore, they should only be amended by Special Majority.

(b) Special Majority plus Ratification by States for amending the Constitution.

Answer: In a Federation certain provisions of the Constitution should be amendable only when both the Centre and States consented to such changes. We can see that certain matters are of vital importance if we want to have States living in harmony with the Centre. Therefore a Bill seeking to amend such vital provisions has to be passed by a Special Majority of both Houses of Parliament and has also to be ratified by legislatures of not less than one-half of the States. The following provisions fall under this category:

• Manner of Election of the President.
• Executive power of the Union and the States.
• Composition and Jurisdiction of the Supreme Court and the High Courts.
• Distribution of Legislative Powers between the Union and the States.
• Representation of States in Parliament.
• Article 368 that deals with the Procedure for Amendment of the Constitution.

4. Of all the Amendments during the period of Internal Emergancy (1975–1977), the 42nd Amendment was the most controversial. What were its provisions and why did it arouse great controversy?

Answer: Of all the amendments during the period of Internal Emergency, the Forty-second became the most controversial. Some of its provisions were as follows:

• The words ‘Socialist’ and ‘Secular’ were added to the Preamble of the Constitution.
• A new chapter on ‘Fundamental Duties’ was added to the Constitution.
• Term of the Lok Sabha and State Legislative Assemblies was extended from 5 to 6 years.
• One of the provisions reduced the role of the Supreme Court and High Courts. A new clause was inserted in Article 368. It said that no Amendment of the Constitution shall be called in question in any Court on any ground.

These Amendments were made soon after the Proclamation of Emergency in June 1975. The Opposition MPs were behind prison bars and the Government then wielded unlimited powers. The 38th Amendment (1975), for instance, made the declaration of Emergency by the President non-justiciable. In other words, it would not be called in question in any court of law. The 39th Amendment (1975) provided that disputes relating to the election of President, Vice-President, Prime Minister and Speaker were to be determined by such authority as would be determined by the Parliament. Thus this Amendment placed their elections beyond judicial scrutiny.

5. Discuss the significance of a Democratic Constitution under the following headlines:

(a) It is a means of limiting the Governmental Power

Answer: The Constitution is a means of “constraining government” and protecting freedom. It prevents our rulers from working in an arbitrary manner. A Constitution is the highest law of the land; it is superior to all other laws of the country. Any law or action of the government which goes against the provisions of the Constitution shall have no value or authority in the eye of law.

(b) It is a means of bringing about changes in peaceful manner

Answer: A democratic Constitution provides for periodic elections based on Adult Franchise. An election decides which of the competing parties would translate their policies and programmes into action

(c) It protects Minority rights

Answer: The Constitution protects the rights of individuals and Minorities both. Our Constitution is very emphatic about the rights of religious and linguistic minorities. Thus the Constitution conceives an active role of State in bringing about Social Transformation.

(d) It sets up long-term goals for a polity

Answer: Constitution ensures Freedom, Growth and Justice. These are the long-term goals set in the Preamble to the Constitution and listed under the Fundamental Rights. The Constitution also included the Directive Principles of State Policy. Directive Principles required the State to secure for its Citizens right to work, free legal aid, uniform civil code and free and compulsory education.

6. Explain the democratic character of the Indian Constitution with regard to the following points:

(a) Universal Adult Franchise

Answer: The introduction of the principle of Adult Franchise in India’s Constitution was a bold move. In 1989 the voting age was reduced from 21 to 18 years. The argument advanced for lowering the voting age was that “enfranchisement of the youth shall make them more sensible, more creative.”

(b) Individual Freedom and Rights of the People

Answer: Freedom is considered as the supreme political value in all liberal societies. Article 19 of the Constitution of India ensures freedom of speech and expression to Indian citizens. This freedom represents our long commitment to liberty and the Rule of Law. Liberal and democratic character of our Constitution is visible from the fact that it granted protection against unlawful detention to non-citizens also. Other rights available to all persons included freedom of religion and equality before law.

(c) Social Justice and Affirmative Action

Answer: Side by side with the struggle for freedom, there grew in India the demand for social justice, i.e., “affirmative action to correct past practices of discrimination against women, dalits and other disadvantaged sections of society.” The new spirit of liberalism had gone into the shaping of the Constitution of India. Affirmative action was needed to correct past unjust practices. The Scheduled Castes and Scheduled Tribes have been given due weightage in matters relating to employment in government offices or undertakings. Seats are reserved for them in the Lok Sabha and in State Legislatures also. Apart from SCs and STs, the other classes eligible for reservation are the socially and educationally backward classes of citizens, i.e., the OBCs.

7. Secularism and Federalism with special provisions for the States of the North East constitute the core provisions of India’s Constitution. Explain the significance of all these provisions

Answer: The Constitution of India is secular in character. It does not give any special status to any religion. It treats all religions equally. The secular character of the Constitution is one of the basic features of the Constitution. It is a part of the ‘Basic Structure’ of the Constitution. The Supreme Court has ruled that the secular character of the Constitution cannot be altered even by way of amendment.

Federalism in India is also a basic feature of the Constitution. The Constitution divides powers between the Centre and the States. The division of powers is such that it is biased in favour of the Centre. The States cannot secede from the Union. The Union can redraw the political map of India. The Constitution provides for a strong Centre. The Centre can legislate on any subject mentioned in the State List, if a Proclamation of Emergency is in operation. The residuary powers of legislation have been given to the Centre and not to the States. The Governor of a State is appointed by the President and holds office during the pleasure of the President.

The Constitution of India has made special provisions for the States of the North East. These provisions were made to meet the unique problems of these States. The provisions relate to the administration of tribal areas, religious or social practices of the tribes, customary law and procedure, administration of civil and criminal justice and ownership and transfer of land. The Governor is empowered to organise and re-organise the autonomous districts. Thus, the Constitution of India has made special provisions to meet the unique problems of the North East States.

B. Short answer questions

8. Mention such provisions of India’s Constitution as can be amended by Simple Majority.

Answer: The Constitution of India can be amended by Simple Majority for the following:

• Admission or establishment of new States.
• Formation of new States or alteration of areas, boundaries or names of existing States.
• Creation or abolition of upper chambers (Legislative Councils) in States.
• Administration of Scheduled Areas or Tribal Areas in States.

9. The Constitution has devised a few independent authorities to deal with particular matters. In this regard mention the role of the Comptroller and Auditor-General of India (CAG). How did the Constitution ensure independence of the CAG?

Answer: The Comptroller and Auditor-General of India (CAG) is an independent constitutional authority. His main duty is to audit the receipts and expenditure of the Union and the States and of each Union Territory. There are some specific provisions in Constitution to ensure CAG’s independence. He can be removed only on the ground of ‘proved misbehaviour or incapacity’ on an Address from both Houses of Parliament.

10. What was the effect of Political Instability at the Centre during 1996 and 1999? Is that phase over now?

Answer: Various signs of political instability began to appear at the Centre from 1989 onwards. During a short span of about three years (1996-1999) India witnessed three General Elections. Fortunately, the phase of political instability at the Centre, affecting governance and economic well-being both, is over. The BJP-led National Democratic Alliance (NDA) came to power on 26 May 2014. But Narendra Modi’s government is different from the previous Coalition governments, because BJP alone could secure 282 out of 543 elected seats in the Lok Sabha. It was a “clear verdict” in favour of a single political party after a gap of nearly 30 years.

C. Multiple Choice Questions: Tick (✔) the correct answer.

11. An important way of classifying Constitutions is the ease with which a Constitution can be amended. The Constitution of India falls into which of the following categories?

Answer: (c) It is an admixture of Flexible and Rigid elements

12. Which of the following Amendment Acts added the words ‘Socialist’ and ‘Secular’ to the Preamble of the Constitution of India?

Answer: (a) Forty-second Amendment Act, 1976

13. The theory of ‘Basic Structure’ implied that certain portions of our Constitution would never change. Which of the following falls into the category of Constitution’s basic structure?

Answer: (c) Republican and Democratic form of government

Value-based question 

The Preamble to the Constitution says. “We, THE PEOPLE OF INDIA” resolved to constitute India into a Democratic Republic to secure to all its citizens: Justice, Liberty, Equality and Fraternity. But the people are disillusioned because the state of affairs is not as good as they had expected it to be. Mention any three reasons to explain why is it so.

Answer: The people are disillusioned because the state of affairs is not as good as they had expected it to be. Here are three reasons to explain why is it so:

Economic Inequalities: No independent observer of Indian politics can afford to ignore poverty and alarming economic inequalities in the country. In India with nearly one-third of the population below the poverty line, it should not be difficult to see why there is a general discontent among the people.

Regional Disparities: India also presents a picture of extreme regional variations. Peoples of the north-east were poverty stricken not because of the poverty of the soil or because they shirked work. The real reason lay in the lack of developmental activities in the region.

Terrorism and Naxalite Violence: It was for each one of us, who loved their country, to ensure success in our persistent struggle against terrorism and Naxalite violence. It is time to discard age-old prejudices of caste and religion.

Additional/extra questions and answers

1. When was the American Constitution drafted and when did it come into force? 

Answer: The American Constitution was drafted by the Philadelphia Convention in the summer of 1787 and it came into force on 4th March, 1789. 

2. How many amendments have been made to the US Constitution until now? 

Answer: There have been 27 amendments made to the US Constitution until now. 

3. What is the youngest Constitution in the world? 

Answer: The youngest Constitution in the world is that of Nepal, which has recently been enacted. 

4. Are Constitutions static? Provide an example. 

Answer: No, Constitutions are not static, they are dynamic or living documents. For instance, France has had five Constitutions since 1792, including the Constitution of the Fourth French Republic in 1946 and the Constitution of the Fifth French Republic in 1958. 

5. How many Constitutions did Russia (the Soviet Union) have during its Communist regime, and when did it adopt a new Constitution? 

Answer: During the Communist regime, Russia (the Soviet Union) had four Constitutions—the 1918 Constitution, the 1924 Constitution, the Stalin Constitution of 1936 and the Brezhnev Constitution of 1977. After the break up of the Soviet Union, Russia, now known as the ‘Russian Federation’, gave itself a new Constitution in 1993. 

6. Why can no Constitution claim to permanence? 

Answer: No Constitution can claim to permanence because situations and circumstances change. A Constitution must be changed when the situation requires it. A Constitution that fails to meet the requirements of a growing society can be destroyed by the masses. Despite being a fundamental law of the land, it isn’t a document so sacred that it can never be changed. 

Q. Why should a Constitution not be allowed to become a “plaything of politicians”? 

Answer: A Constitution should not be allowed to become a “plaything of politicians” as this would lower its prestige. Legislators should not be allowed to twist the Constitution simply because they have a majority in the Parliament. The arguments that “every Generation should have a new Constitution” do not carry much logic or cogency. 

Q. When did the Constitution of India come into force, and how many times has it been amended? 

Answer: The Constitution of India came into force on 26th January, 1950. It has been amended as many as 101 times since then. 

Q. Why has the Constitution of India remained in existence until now despite many amendments? 

Answer: The Constitution of India has remained in existence until now because of its basically sound core provisions. The makers of the Constitution gave due consideration to both the factors of ‘Growth’ and that of ‘Permanence’. The philosophy and core provisions of the Constitution—the Fundamental Rights, concern for the Scheduled Castes and Scheduled Tribes and other disadvantaged groups, Secularism, Federalism, and Democratic Institutions have kept it working despite many stresses, strains, and controversial events such as the Proclamation of Emergency in June 1975 and the controversy over the supremacy of Parliament versus Judicial Supremacy. 

Q. What is the objective of socio-economic transformation as mentioned in the context of constitutional amendments? 

Answer: The objective of socio-economic transformation in the context of constitutional amendments is ending illiteracy and inequality of opportunities. 

Q. Which measures were wholeheartedly supported by the leaders of all parties showcasing their political maturity? 

Answer: The leaders of all parties exhibited their political maturity by wholeheartedly supporting measures like the Anti-Defection Act, 1985, the 91st Amendment Act, 2003, and the Constitution (One hundred and First) Amendment Act, 2016. 

Q. Explain the significance of the 91st Amendment Act, 2003 and the Constitution (One hundred and First) Amendment Act, 2016. 

Answer: The 91st Amendment Act, 2003, prescribed that the total number of Ministers shall not exceed 15 percent of the total number of members of the Lok Sabha or the State Legislative Assembly, as the case may be. This was done to prevent an oversized government. On the other hand, the Constitution (One hundred and First) Amendment Act, 2016 related to the Goods and Services Tax (GST) in the country. It came into force on 1 July 2017. The GST aimed at providing for a common national market for goods and services, thereby enhancing the ease of doing business and economic integration of India. 

Q. Describe the role of the Supreme Court in giving the Indian Constitution both stability and flexibility. 

Answer: The Supreme Court has played a significant role in providing both stability and flexibility to the Indian Constitution. In the landmark Kesavananda Bharati case in 1973, the Supreme Court ruled that the Parliament could amend any part of the Constitution, provided that the Amendment did not destroy the Constitution’s Basic Structure. Over time, the Court has identified several basic features of the Constitution, including the republican and democratic form of government, the secular character, the federal form of government, and the rule of law. The theory of ‘Basic Structure’ implies that these fundamental elements of our Constitution would never change. This judgment effectively preserved the essence of the Constitution while allowing for amendments, thus providing the necessary balance of stability and flexibility. 

Q. What are the three categories under which Articles of the Constitution have been placed for the purposes of Amendment? Describe each one of them. 

Answer: The Articles of the Constitution have been placed under three categories for the purposes of Amendment. 

• Articles amendable by Simple Majority in Parliament: Certain provisions, such as the admission or establishment of new States, the formation of new States or alteration of areas, boundaries, or names of existing States, and the administration of Scheduled Areas or Tribal Areas in States, can be amended by a simple majority in the Parliament. A Bill seeking to amend these provisions is not considered a Constitution Amendment Bill under Article 368 of the Constitution. 
• Articles which can be amended by a Special Majority: Some provisions require a Special Majority for amendment. A Special Majority implies a majority of the total membership of each House and a majority of not less than two-thirds of the members of the House present and voting. 
• Articles which require a Special Majority as well as Ratification by the legislatures of not less than one-half of the States: Certain provisions require not only a Special Majority in Parliament but also ratification by the legislatures of not less than one-half of the States. This category typically includes provisions that affect the federal structure or the balance of power between the Centre and the States. 

Q. Elaborate on the procedure of amendment by a Simple Majority. 

Answer: The procedure of amendment by a Simple Majority involves certain provisions of the Constitution being enacted by Parliament with a simple majority of the members present and voting. This category includes nearly two dozen Articles of the Constitution. Provisions that can be amended in this manner include the admission or establishment of new States, the formation of new States or alteration of areas, boundaries or names of existing States, the creation or abolition of upper chambers (Legislative Councils) in States, and the administration of Scheduled Areas or Tribal Areas in States. A Bill seeking to amend these provisions is not deemed to be a Constitution Amendment Bill under Article 368 of the Constitution. Furthermore, a Bill providing for the alteration of areas or boundaries of existing States shall be referred by the President to concerned States for eliciting their views thereon. The Parliament is not bound to accept the views that States have on this matter. 

Q. What does a Special Majority imply in the context of constitutional amendments? 

Answer: A Special Majority implies a majority of the total membership of the House and a majority of not less than two-thirds of the members of that House present and voting. This method is used to amend many Articles of the Constitution including those that deal with the Fundamental Rights and Directive Principles of State Policy. 

Q. How is the method of amending by Special Majority more rigid than amending by Simple Majority? 

Answer: The method of amending by Special Majority is more rigid because it requires a greater number of votes in its favor. This is due to the fact that Fundamental Rights protect some vital liberties of the citizens and other individuals, and the Directive Principles protect our socio-economic rights. Therefore, such significant parts of the constitution should only be amended by a more considerable majority. 

Q. What is Dr. Ambedkar’s quote about the necessity of a two-thirds majority for constitutional dissatisfaction? 

Answer: Dr. Ambedkar said, “those who are dissatisfied with the Constitution have only to obtain a two-thirds majority and, if they cannot obtain even a two-thirds majority in the Parliament elected on adult franchise in their favour, their dissatisfaction with the Constitution cannot be deemed to be shared by the general public.” 

Q. What is the role of the President after the Amendment Bill has been passed? 

Answer: After the Amendment Bill is passed, it is presented to the President. The President is bound to give assent to it. He can neither withhold his assent nor may send the Bill for reconsideration of the Parliament. 

Q. What is the procedure for amendment by Special Majority and Ratification by States? 

Answer: In a Federation, certain provisions of the Constitution can be amended only when both the Centre and States consented to such changes. Therefore, a Bill seeking to amend such vital provisions has to be passed by a Special Majority of both Houses of Parliament and has also to be ratified by legislatures of not less than one-half of the States. 

Q. Can you list some of the provisions that fall under the category of Amendment by Special Majority and Ratification by States? 

Answer: 

• Manner of Election of the President. 
• Executive power of the Union and the States. 
• Composition and Jurisdiction of the Supreme Court and the High Courts. 
• Distribution of Legislative Powers between the Union and the States. 
• Representation of States in Parliament. 
• Article 368 that deals with the Procedure for Amendment of the Constitution. 

Q. How many times had the Constitution of India been amended from 1951 to December 2016? 

Answer: The Constitution of India had been amended 101 times between 1951 and December 2016. 

Q. Can you break down the number of amendments during each decade from 1951 to 2016? 

Answer: 

• Nine Amendments: During the first 10 years (1951 to 1960) the Constitution was amended 9 times. 
• Fourteen Amendments: Between 1961 and 1969 some fourteen Amendment Acts were passed. 
• Twenty-two Amendments: From 1971 to 1980 there were as many as 22 Amendments in the Constitution. 
• Twenty-two Amendments: Between 1982 and 1990 the Constitution was again amended 22 times. 
• Sixteen Amendments: During the next ten years (1991 to 2000) some 16 Amendments took place. 
• Eighteen Amendments: Between 2001 and December 2016 eighteen Amendments were added to the Constitution. 

Q. Why were the Amendment Bills passed by the Parliament? 

Answer: The Parliament passed these Amendment Bills because most of the members thought that they were necessary in those particular situations. 

Q. What were the key provisions of the 38th and 39th Amendments enacted during Smt. Indira Gandhi’s regime? 

Answer: The 38th Amendment of 1975 made the declaration of Emergency by the President non-justiciable, meaning it could not be questioned in any court of law. The 39th Amendment of 1975 provided that disputes relating to the election of the President, Vice-President, Prime Minister, and Speaker were to be determined by such authority as would be determined by Parliament. This placed their elections beyond judicial scrutiny. 

Q. What were the circumstances under which the 38th and 39th Amendments were made? 

Answer: The 38th and 39th Amendments were made soon after the Proclamation of Emergency in June 1975. At this time, the Opposition MPs were in prison and the Government held unlimited powers. 

Q. Can you discuss some of the most controversial provisions of the 42nd Amendment Act of 1976? 

Answer: The 42nd Amendment Act of 1976 was indeed controversial. Some key provisions included: 

• The addition of the words ‘Socialist’ and ‘Secular’ to the Preamble of the Constitution. 
• The introduction of a new chapter on ‘Fundamental Duties’ to the Constitution. 
• The extension of the term of the Lok Sabha and State Legislative Assemblies from 5 to 6 years. 
• The reduction of the role of the Supreme Court and High Courts by stating that no Amendment of the Constitution shall be called into question in any court. 
• The fixing of the minimum number of judges to determine whether a law was Constitutional at seven instead of five, and the imposition of several restrictions on the High Court’s power to issue Writs. 

Q. What was the government’s viewpoint regarding the 42nd Amendment Act of 1976 and what were the criticisms raised against it? 

Answer: The government maintained that the 42nd Amendment Act was necessary for “removing the difficulties which had arisen in achieving the objective of socio-economic revolution which could end poverty and inequality of opportunities.” However, those who opposed the Amendment alleged that it had an adverse effect on the role and powers of the Supreme Court and High Courts. They also criticized that it was made during the Internal Emergency, which they viewed as an attempt to destroy democracy and the rule of law. 

Q. What changes did the 43rd and 44th Amendment Acts bring to the Indian Constitution? 

Answer: The 43rd Amendment Act of 1977 provided for the restoration of powers of the Supreme Court and High Courts. It also specified that the duration of the Lok Sabha and of the State Assemblies would be 5 years, reversing the change made by the 42nd Amendment. The 44th Amendment Act of 1978 substituted “Armed Rebellion” for “Internal Disturbance” in Article 352, meaning internal disturbance alone would not be a ground for the Proclamation of Emergency. Additionally, the Right to Property was taken out of the list of Fundamental Rights and made a legal right for citizens. 

Q. Can you provide a detailed account of the Constitution (99th Amendment) Act of 2014 and its subsequent invalidation by the Supreme Court? 

Answer: The 99th Amendment Act aimed at achieving greater transparency and accountability in the appointment of Judges in the Supreme Court and the High Courts. It sought to establish the National Judicial Appointments Commission (NJAC) for making recommendations for the appointment of Judges. The NJAC was to consist of the Chief Justice of India, two senior most Judges of the Supreme Court, the Union Minister of Law and Justice, and two eminent persons to be nominated by a committee consisting of the Prime Minister, the Chief Justice of India, and the Leader of Opposition (or the Leader of the single largest Party) in the Lok Sabha. However, on 16th October 2015, the Supreme Court declared the NJAC Act unconstitutional, thus reviving the old Collegium System which had been running for a number of years. Under the Collegium System, Judges are appointed by the President in consultation with the Chief Justice of India, who in turn is required to consult the four senior-most Judges of the Supreme Court before making any recommendation. This system essentially allows “Judges to appoint Judges,” a concept that some constitutional experts believe is not balanced. 

Q. When was the GST Bill passed by the Lok Sabha? 

Answer: The GST Bill was passed by the Lok Sabha on 6 May 2015. 

Q. How does a Constitution in a democracy serve to limit governmental power? 

Answer: In a democracy, a Constitution serves to limit governmental power by acting as a means of “constraining government” and protecting freedom. It prevents rulers from acting in an arbitrary manner. Being the highest law of the land, any law or action of the government that contravenes the provisions of the Constitution has no value or authority in the eyes of the law. 

Q. Explain how the Constitution enables peaceful changes in the democratic system? 

Answer: The Constitution enables peaceful changes in the democratic system by providing for periodic elections based on Adult Franchise. This democratic process allows for the peaceful transition of power and policy-making responsibilities among different political parties. Through an election, the citizenry gets to decide which of the competing parties would have the opportunity to translate their policies and programs into action. 

Q. Discuss the importance of the Constitution in protecting the rights of minorities. 

Answer: The Constitution is an indispensable instrument in protecting the rights of minorities. It safeguards the rights of individuals and groups alike, with a specific emphasis on the rights of religious and linguistic minorities. By doing so, the Constitution fosters an environment of inclusivity and respect for diversity. Furthermore, it encourages an active role of the State in driving social transformation, ensuring that the rights of minorities are not merely recognized, but actively upheld and promoted. 

Q. What are the long-term goals for Indian Polity set in the Constitution? 

Answer: The Constitution establishes long-term goals for the Indian polity, as outlined in the Preamble and under the Fundamental Rights. These goals are Freedom, Growth, and Justice. Additionally, the Constitution incorporates the Directive Principles of State Policy, which require the State to secure for its citizens the right to work, free legal aid, a uniform civil code, and free and compulsory education. These principles lay the foundation for a just and equitable society, serving as a roadmap for the State’s responsibilities towards its citizens. 

Q. Explain the democratic character of the Indian state as outlined by the principles and structures of the Constitution. 

Answer: The Constitution of India establishes the democratic character of the Indian state through several principles and structures. Foremost among these is the principle of “Sovereign Power,” which posits that power resides in the people. This principle manifests through the mechanism of universal adult franchise, which allows for the choice of rulers at regular intervals. In 1989, the voting age was lowered from 21 to 18 years, in recognition of the role of youth in shaping the nation’s future. 

Freedom, considered the supreme political value in all liberal societies, is another cornerstone of the Indian Constitution. Article 19 of the Constitution ensures freedom of speech and expression to Indian citizens, embodying India’s long-standing commitment to liberty and the rule of law. The liberal and democratic character of the Constitution is further underscored by its protection against unlawful detention extended even to non-citizens and its guarantee of freedom of religion and equality before the law to all individuals. These principles collectively define the democratic character of the Indian state. 

Q. What is affirmative action and how has it been implemented in the Indian Constitution? 

Answer: Affirmative action is a policy to correct past practices of discrimination against disadvantaged sections of society. In the Constitution of India, this action takes the shape of giving due weightage to Scheduled Castes and Scheduled Tribes in matters relating to employment in government offices or undertakings. Seats are also reserved for them in the Lok Sabha and in State Legislatures. Furthermore, other classes eligible for reservation are the socially and educationally backward classes of citizens, i.e., the Other Backward Classes (OBCs). 

Q. Can you explain the notion of diversity and pluralism as it pertains to the Indian Constitution? 

Answer: India, being a country of enormous size and diversities, is home to diverse racial, linguistic, and religious communities. To respect this diversity and pluralism, the Constitution is clear on the rights and privileges of the minority communities. These minorities have the right to establish and maintain institutions for religious and charitable purposes, and the right to establish and administer educational institutions of their choice. 

Q. What does secularism signify in the Indian context, and how is it reflected in the Constitution of India? 

Answer: Secularism in India refers to the principle of equal freedom of faith and worship for all citizens, irrespective of their religion. This principle is enshrined in the Indian Constitution, which begins with a statement that India is a “Secular Democratic Republic.” In alignment with this, the State may grant financial aid to educational institutions established by religious communities. Such aid is granted without discrimination against any institution based on the fact that it is managed by a minority. 

Q. Describe the federal nature of the Indian government as outlined in the Constitution. 

Answer: The Indian government operates under a federal system, wherein all powers are divided by the Constitution between a Central Government and the governments of various units, referred to as ‘States.’ However, the Indian Constitution also has a strong central bias due to the country’s specific political conditions. A uniform governmental structure is provided for the entire country, with special provisions for certain regions like Jammu and Kashmir, Arunachal Pradesh, Manipur, Nagaland, and Mizoram. 

Q. What are the independent constitutional authorities as mentioned in the Indian Constitution, and what are their respective duties? 

Answer: The Indian Constitution has established certain independent authorities to deal with specific matters. These include: 

• The Comptroller and Auditor-General of India (CAG), whose main duty is to audit the receipts and expenditure of the Union and the States and of each Union Territory. The Constitution provides specific provisions to ensure CAG’s independence, allowing removal only on grounds of ‘proved misbehaviour or incapacity’ on an Address from both Houses of Parliament. 
• The Election Commission, which is regarded as the Guardian of Free and Fair Elections. 
• Public Service Commissions, whose composition and functions are explained in chapters relevant to these topics. 

In words of Vice-President S. Radhakrishnan, “The Auditor-General is independent of the Executive. If I have to give one advice it is this: Do not shrink from the truth for fear of offending men in high places.” 

Q. What were the significant events that marked India’s progress after achieving independence in 1947? 

Answer: India achieved notable milestones after independence such as: 

• the Green Revolution, which led to an increase in foodgrains production, 
• the White Revolution, resulting in India becoming one of the largest producers of milk, 
• undertaking various Development Projects; such as construction of dams, steel plants and oil refineries, 
• the creation of Institutes of Management and Technology, 
• the establishment of All India Institutes of Medical Sciences, and 
• developing Defence Equipment of all types, including Intercontinental Range Ballistic Missiles. 

Q. How did Universal Adult Franchise impact the political landscape of India? 

Answer: The introduction of Universal Adult Franchise in India significantly amplified the political importance of the weaker sections of society. It provided them with a voice and a means to influence decision-making in the country. 

Q. What is the root cause of the poverty prevalent in the northeast regions of India? 

Answer: The prevalence of poverty in the northeastern regions of India is not due to the poverty of the soil or lack of work ethic amongst its inhabitants. The real reason lies in the absence of developmental activities in the region. 

Q. How has India tried to combat issues of Economic Inequalities, Regional Disparities, Terrorism, and Naxalite Violence? 

Answer: India has consistently strived to overcome economic inequalities and regional disparities through numerous policies and initiatives, focusing on social upliftment and infrastructure development. As for issues like terrorism and Naxalite violence, the nation has adopted various strategies, including legal actions, security operations, peace talks, and socio-economic measures. However, the key to success lies in discarding age-old prejudices of caste and religion. The path to reducing discontent among the populace requires the country to focus on reducing poverty levels, which currently impact nearly one-third of the population. 

46. What made Narendra Modi’s government different from the previous Coalition governments? 

Answer: The distinction of Narendra Modi’s government from previous coalition governments lies in the fact that his party, the BJP, secured 282 out of 543 elected seats in the Lok Sabha independently. This clear verdict marked the first time a single political party had such a strong representation in nearly 30 years. Prior to this, the political scenario at the Centre had been marked by instability with three General Elections taking place within a short span of about three years (1996-1999). This phase of political instability had affected governance and economic well-being significantly. The stability brought about by the BJP-led National Democratic Alliance (NDA) coming to power on 26 May 2014 marked a significant shift in the nation’s governance.

Additional/extra MCQs

1. When was the American Constitution drafted? 

A. 1787 B. 1792 C. 1789 D. 1950 

Answer: A. 1787 

2. How many amendments have been made to the US Constitution? 

A. 26 B. 101 C. 27 D. 5 

Answer: C. 27 

3. Which country recently enacted a new Constitution, making it the youngest in the world? 

A. Russia B. France C. Nepal D. India 

Answer: C. Nepal 

4. How many Constitutions has France had since 1792? 

A. 5 B. 4 C. 3 D. 2 

Answer: A. 5 

5. How many Constitutions were enacted during the Communist regime in Russia (the Soviet Union)? 

A. 2 B. 3 C. 4 D. 5 

Answer: C. 4 

Q. When did Russia adopt a new Constitution after the breakup of the Soviet Union? 

A. 1991 B. 1993 C. 1994 D. 1995 

Answer: B. 1993 

Q. When did the Constitution of India come into force? 

A. 1947 B. 1950 C. 1952 D. 1975 

Answer: B. 1950 

Q. How many times has the Constitution of India been amended? 

A. 50 B. 27 C. 101 D. 74 

Answer: C. 101 

Q. The Constitution of India pays special concern for which groups? 

A. SCS, STS and other disadvantaged groups B. Minorities and Women C. Children and Seniors D. Immigrants and Refugees 

Answer: A. SCS, STS and other disadvantaged groups 

Q. What controversial event took place in India in June 1975? 

A. Partition of India B. Communist Revolution C. Proclamation of Emergency D. Independence Day 

Answer: C. Proclamation of Emergency 

Q. What was the objective of socio-economic transformation as referred to in the context of constitutional amendments? 

A. Urbanization B. Technological Advancement C. Ending Illiteracy and Inequality D. Economic Liberalization 

Answer: C. Ending Illiteracy and Inequality 

Q. Which amendment limited the total number of ministers in the Lok Sabha or the State Legislative Assembly? 

A. Anti-Defection Act, 1985 B. 101st Amendment Act, 2016 C. 91st Amendment Act, 2003 D. Kesavananda Bharati case, 1973 

Answer: C. 91st Amendment Act, 2003 

Q. What was the key focus of the Constitution (One hundred and First) Amendment Act, 2016? 

A. Anti-Defection B. Goods and Services Tax C. Limiting Ministers D. Secularism 

Answer: B. Goods and Services Tax 

Q. In which case did the Supreme Court rule that the Constitution can be amended without destroying its Basic Structure? 

A. Menaka Gandhi case B. Kesavananda Bharati case C. Shah Bano case D. Golak Nath case 

Answer: B. Kesavananda Bharati case 

Q. Which is not part of the ‘Basic Structure’ as identified by the Supreme Court? 

A. Republican and Democratic form of government B. Caste-based Reservation C. Secular character of the Constitution D. Rule of Law 

Answer: B. Caste-based Reservation 

Q. By which type of majority can the formation of new states or alteration of areas, boundaries or names of existing states be amended in the Constitution? 

A. Absolute Majority B. Special Majority C. Simple Majority D. Majority by States 

Answer: C. Simple Majority 

Q. Which is not amendable by Simple Majority in the Parliament? 

A. Admission or establishment of new States B. Abolition of upper chambers in States C. Administration of Scheduled Areas or Tribal Areas in States D. Changing the Basic Structure of the Constitution 

Answer: D. Changing the Basic Structure of the Constitution 

Q. What is a Constitution Amendment Bill under Article 368? 

A. Any Bill seeking to amend the Constitution B. Bill seeking to alter areas or boundaries of existing States C. Bill proposing abolition of upper chambers in States D. None of the above 

Answer: D. None of the above 

Q. Which Amendment requires ratification by the legislatures of not less than one-half of the States? 

A. Amendment by Simple Majority B. Amendment by Special Majority C. Both A and B D. None of the above 

Answer: D. None of the above 

Q. Is the Parliament bound to accept the views of States on bills altering areas or boundaries of existing States? 

A. Yes B. No C. Only for major alterations D. Only if the State is a Union Territory 

Answer: B. No 

Q. What type of majority is required for the amendment of many Articles of the Constitution, including those that deal with the Fundamental Rights and Directive Principles of State Policy? 

A. Simple Majority B. Absolute Majority C. Special Majority D. Majority by Popular Vote 

Answer: C. Special Majority 

Q. According to the Special Majority method, what proportion of the members of the House, present and voting, is required for a constitutional amendment? 

A. One-third B. Half C. Two-thirds D. Three-fourths 

Answer: C. Two-thirds 

Q. Who made the statement regarding the necessity of a two-thirds majority for constitutional dissatisfaction? 

A. Mahatma Gandhi B. Jawaharlal Nehru C. Sardar Vallabhbhai Patel D. Dr. Ambedkar 

Answer: D. Dr. Ambedkar 

Q. What is the President’s role after an Amendment Bill has been duly passed? 

A. Veto Power B. Assent C. Discretion D. Dissent 

Answer: B. Assent 

Q. Which Article deals with the Procedure for Amendment of the Constitution? 

A. Article 356 B. Article 368 C. Article 370 D. Article 377 

Answer: B. Article 368 

Q. From 1951 to December 2016, how many times was the Constitution of India amended? 

A. 51 times B. 71 times C. 101 times D. 121 times 

Answer: C. 101 times 

Q. During the first decade (1951 to 1960), how many times was the Constitution amended? 

A. Seven B. Nine C. Eleven D. Thirteen 

Answer: B. Nine 

Q. How many amendments took place from 1971 to 1980? 

A. Fourteen B. Eighteen C. Twenty-two D. Twenty-six 

Answer: C. Twenty-two 

Q. From 1991 to 2000, how many amendments were made to the Constitution? 

A. Ten B. Twelve C. Sixteen D. Eighteen 

Answer: C. Sixteen 

Q. How many amendments were made to the Constitution between 2001 and December 2016? 

A. Twelve B. Fourteen C. Eighteen D. Twenty 

Answer: C. Eighteen 

Q. Which amendment during Smt. Indira Gandhi’s regime made the declaration of Emergency by the President non-justiciable? 

A. 37th Amendment B. 38th Amendment C. 39th Amendment D. 40th Amendment 

Answer: B. 38th Amendment 

Q. Which amendment placed the elections of President, Vice-President, Prime Minister, and Speaker beyond judicial scrutiny? 

A. 38th Amendment B. 39th Amendment C. 40th Amendment D. 41st Amendment 

Answer: B. 39th Amendment 

Q. What words were added to the Preamble of the Constitution by the 42nd Amendment Act of 1976? 

A. Democratic and Sovereign B. Socialist and Secular C. Equality and Fraternity D. Unity and Integrity 

Answer: B. Socialist and Secular 

Q. Which amendment introduced a new chapter on ‘Fundamental Duties’ to the Indian Constitution? 

A. 40th Amendment B. 41st Amendment C. 42nd Amendment D. 43rd Amendment 

Answer: C. 42nd Amendment 

Q. Which amendment extended the term of the Lok Sabha and State Legislative Assemblies from 5 to 6 years? 

A. 41st Amendment B. 42nd Amendment C. 43rd Amendment D. 44th Amendment 

Answer: B. 42nd Amendment 

Q. Which amendment reduced the role of the Supreme Court and High Courts in India? 

A. 41st Amendment B. 42nd Amendment C. 43rd Amendment D. 44th Amendment 

Answer: B. 42nd Amendment 

Q. The 43rd Amendment Act provided for the restoration of powers of which bodies? 

A. Parliament and President B. Supreme Court and High Courts C. Lok Sabha and Rajya Sabha D. State Legislative Assemblies and Governors 

Answer: B. Supreme Court and High Courts 

Q. Which amendment substituted “Armed Rebellion” for “Internal Disturbance” in Article 352 of the Indian Constitution? 

A. 42nd Amendment B. 43rd Amendment C. 44th Amendment D. 45th Amendment 

Answer: C. 44th Amendment 

Q. Which amendment aimed at establishing the National Judicial Appointments Commission? 

A. 97th Amendment B. 98th Amendment C. 99th Amendment D. 100th Amendment 

Answer: C. 99th Amendment 

Q. On what date did the Supreme Court declare the National Judicial Appointments Commission (NJAC) Act unconstitutional? 

A. 15th October 2015 B. 16th October 2015 C. 17th October 2015 D. 18th October 2015 

Answer: B. 16th October 2015 

Q. When was the GST Bill passed by the Lok Sabha? 

A. 1 July 2017 B. 8 August 2016 C. 6 May 2015 D. 8 September 2016 

Answer: C. 6 May 2015 

Q. On what date did the President of India give assent to the GST Bill? 

A. 6 May 2015 B. 8 August 2016 C. 8 September 2016 D. 1 July 2017 

Answer: C. 8 September 2016 

Q. When did the Goods and Services Tax (GST) Act come into force? 

A. 6 May 2015 B. 8 August 2016 C. 8 September 2016 D. 1 July 2017 

Answer: D. 1 July 2017 

Q. What principle does the Constitution use to limit the governmental power? 

A. Constraining government B. Adult Franchise C. Protection of Minority Rights D. Universal Adult Franchise 

Answer: A. Constraining government 

Q. How does a democratic Constitution allow for peaceful changes? 

A. Constraining government B. Periodic elections C. Protection of Minority Rights D. Universal Adult Franchise 

Answer: B. Periodic elections 

Q. What rights does the Constitution emphatically protect? 

A. Workers’ Rights B. Women’s Rights C. Rights of religious and linguistic minorities D. Rights of the elderly 

Answer: C. Rights of religious and linguistic minorities 

Q. What are the long-term goals set in the Preamble to the Constitution? 

A. Unity, Integrity, Security B. Freedom, Growth, Justice C. Sovereignty, Secularism, Socialism D. Equality, Fraternity, Liberty 

Answer: B. Freedom, Growth, Justice 

Q. Where does the “Sovereign Power” reside as per the Constitution? 

A. In the government B. In the judiciary C. In the Parliament D. In the people 

Answer: D. In the people 

Q. What was the original voting age before it was reduced to 18 years in 1989? 

A. 20 years B. 21 years C. 22 years D. 23 years 

Answer: B. 21 years 

Q. What freedom does Article 19 of the Constitution of India ensure? 

A. Freedom of Religion B. Freedom of Speech and Expression C. Freedom from Exploitation D. Freedom of Movement 

Answer: B. Freedom of Speech and Expression 

Q. What is the primary purpose of Affirmative Action as depicted in the Indian Constitution? 

A. Enhancing wealth B. Political influence C. Correcting past discrimination D. Population control 

Answer: C. Correcting past discrimination 

Q. Who are the specific groups eligible for reservation under the Indian Constitution? 

A. SCs and OBCs B. STs and Minority Groups C. SCs, STs and OBCs D. All citizens 

Answer: C. SCs, STs and OBCs 

Q. What is the primary right granted to minority communities as per the Indian Constitution? 

A. Right to vote B. Right to free speech C. Right to establish institutions D. Right to bear arms 

Answer: C. Right to establish institutions 

Q. In which House of Indian Parliament are seats reserved for Scheduled Castes and Scheduled Tribes? 

A. Rajya Sabha B. Lok Sabha C. Both D. None 

Answer: B. Lok Sabha 

Q. As per the Indian Constitution, what type of republic is India declared to be? 

A. Democratic Republic B. Socialistic Republic C. Secular Democratic Republic D. Socialist Secular Republic 

Answer: C. Secular Democratic Republic 

Q. In the Indian Constitution, who is regarded as the Guardian of Free and Fair Elections? 

A. The President B. The Prime Minister C. The Supreme Court D. The Election Commission 

Answer: D. The Election Commission 

Q. What is the main duty of the Comptroller and Auditor-General of India as per the Constitution? 

A. To audit the Union and State’s receipts and expenditure B. To implement the Union Budget C. To regulate the banking sector D. To control inflation 

Answer: A. To audit the Union and State’s receipts and expenditure 

Q. Which Indian states are governed by special provisions as per the Indian Constitution? 

A. Maharashtra and Bihar B. West Bengal and Uttar Pradesh C. Jammu and Kashmir, Arunachal Pradesh, Manipur, Nagaland and Mizoram D. Karnataka and Tamil Nadu 

Answer: C. Jammu and Kashmir, Arunachal Pradesh, Manipur, Nagaland and Mizoram 

Q. On what grounds can the Comptroller and Auditor-General of India be removed? 

A. Misbehaviour or incapacity B. Inefficiency C. Negligence D. Retirement 

Answer: A. Misbehaviour or incapacity 

Q. Who is the independent authority in charge of auditing the receipts and expenditure of the Union and the States? 

A. Prime Minister B. Finance Minister C. Comptroller and Auditor-General of India D. President 

Answer: C. Comptroller and Auditor-General of India 

Q. In which year did India achieve its freedom? 

A. 1948 B. 1945 C. 1947 D. 1950 

Answer: C. 1947 

Q. What is the political technique practiced by certain Indian freedom fighters? 

A. Non-Cooperation B. Satyagraha C. Passive Resistance D. Boycott 

Answer: B. Satyagraha 

Q. What revolution led to an increase in India’s foodgrains production? 

A. Yellow Revolution B. Blue Revolution C. White Revolution D. Green Revolution 

Answer: D. Green Revolution 

Q. What revolution made India one of the largest producers of milk? 

A. Yellow Revolution B. Blue Revolution C. White Revolution D. Green Revolution 

Answer: C. White Revolution 

Q. What type of missile has India developed as a part of its defense equipment? 

A. Cruise Missiles B. Anti-Tank Missiles C. Intercontinental Range Ballistic Missiles D. Short-Range Ballistic Missiles 

Answer: C. Intercontinental Range Ballistic Missiles 

Q. What percentage of the population in India is below the poverty line? 

A. One-Third B. Half C. One-Fourth D. Two-Thirds 

Answer: A. One-Third 

Q. Which Indian region is highlighted for its lack of developmental activities? 

A. North-West B. South-East C. North-East D. South-West 

Answer: C. North-East 

Q. How many General Elections did India witness between 1996 and 1999? 

A. Two B. Four C. Three D. Five 

Answer: C. Three 

Q. Which party-led alliance came to power in India on 26 May 2014? 

A. UPA B. Left Front C. Third Front D. NDA 

Answer: D. NDA 

70. How many seats did BJP secure in the Lok Sabha elections when Narendra Modi’s government came to power? 

A. 300 B. 282 C. 275 D. 250 

Answer: B. 282