Daily Quiz: UPSC Prelims Marathon – March 7, 2018

The Socialistic Principles of Directive Principles of State Policy reflect the ideology of socialism. To secure for all citizens a uniform civil code throughout the country represents the ideology of liberalism not a Socialist Principles.

The 42nd Amendment also amended the Preamble and changed the description of India from “sovereign democratic republic” to a “sovereign, socialist secular democratic republic”. It changed the words “unity of the nation” to “unity and integrity of the nation”.

Statement 1 is incorrect. India has an integrated judicial system. The Supreme Court stands at the top of the integrated judicial system in the country. Below it, there are high courts at the state level. Under a high court, there is a hierarchy of subordinate courts, that is, district courts and other lower courts. This single system of courts enforces both the central laws as well as the state laws.

Statement 2 is incorrect. Both the Supreme Court and High courts have the power of judicial review on parliamentary laws. The power of judicial review over legislative action vested in the High Courts under Article 226 and in the Supreme Court under Article 32 of the Constitution is an integral and essential feature of the Constitution, constituting part of its basic structure.

However, the power of judicial review vested on the high court is subject to decision of the Supreme Court. If a High Court declares a law null and void, the Supreme Court has the final say and it can modify or reject the high court’s decision. Judicial Review can be conducted in respect of all Central and State laws, executive orders and ordinances.

Both the statements are correct. The Supreme Court in 1992 stated that Fundamental duties can be used in determining the constitutionality of any law.

The Parliament is free to enforce Fundamental duties through a suitable legislation. Many legislations like the Prevention of Insults to National Honour Act, 1971 make insult to national symbols a punishable act.

Statement 1 is incorrect. Formation of new state requires amendment in constitution under article 3 by simple majority and it is not considered as amendment under the article 368.

Statement 2 is correct. Special majority under article 368 required for amendment by parliament is the majority of the total membership of each House and a majority of two-thirds of the members present and voting. Amendment of the provisions related to federal features of the constitution requires consent of the half of the states along with the special majority.

The Panchayati Raj system aims to promote democracy in grass root level. The 73rd Amendment of the Constitution provided a provision for the mandatory creation of the Gram Sabha. As per the act, it would comprise of all the adult members registered as voters in the Panchayat area. Its role and functions are decided by State legislation.

Panchayati Raj is the third tier of the government aimed at development and social justice at the local level and acts as an instrument of decentralization of powers.

Statement 1 is correct. The Vice-President can be removed by a resolution of the Rajya Sabha passed by an absolute majority (i.e., a majority of the total members of the House) and agreed to by the Lok Sabha. But, no such resolution can be moved unless at least 14 days’ advance notice has been given.

Statement 2 is incorrect. The Rajya Sabha can discuss the Annual Financial Statement or the Budget.

Statement 3 is incorrect.  No-confidence motion can be moved only in Lok Sabha (or state assembly as the case may be). It is not allowed in Rajya Sabha (or state legislative council).