The Monday Polity Quiz #1 – Solutions

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We posted 10 questions on Indian Polity Yesterday. Thanks for the amazing response. These questions will help you develop solid concepts. In case you have not attempted them, please attempt them by clicking below

• Monday Polity Quiz #1

Solutions of Monday Polity Quiz #1

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Q.1) The Constitution of India was enacted by a Constituent Assembly set up:
a) Under the Indian Independence Act, 1947
b) Under the Cabinet Mission Plan
c) Through a resolution of the provisional government
d) By Wavell Plan

Ans-b

Explanation:  Constituent assembly is the body of the representatives which drafts the constitution. It was set up in November 1946 under cabinet mission plan.

Learning: Time line of the constituent assembly:

1934– Idea put forward first time by MN Roy

1935– INC officially demanded it

1938– Jawahar lal Nehru declared that constituent assembly must be made to draft the constitution of free India without outside interference and such assembly be elected on adult franchise.

1940– British Govt officially accepted demand and made ‘August offer’

1942– Crippis proposal for framing of the constitution. Muslim League rejected it and insisted on the partition.

1946– Cabinet mission plan put forward a scheme for constituent assembly which more or less satisfied Muslim league.

Cabinet Mission plan  also proposed a Union of India which was to be empowered to deal with the defense, foreign affairs and communications, recommended undivided India, turned down league’s demand of partition, recognized Indian right to cede from commonwealth, and proposed a weak centre.
Wavell Plan came in June 1945 after end of WW2. It provided for a new executive council at the centre in which all members will be Indians except Viceroy and commander in chief. All portfolios were to be given to Indians except defense. Representation of  ‘highcatehindus’, ‘low caste hindus’, Muslims, Sikhs were to be done on it. It was a failure. It did not had any guarantee of Independence nor it mentioned anything about constituent assembly. Congress and League both rejected on the ground of nomination.

Indian Independence act was based on 3^rd june Mountbatten plan which ended the British rule in India making it independent and sovereign state and declared partition of it. It empowered the constituent assembly to frame and adopt any constitution they like. It abolished office of secretary of state, office of viceroy, discontinued appointment to civil services and reservation of posts by secretary of state, designated governor general of India and provisional governors of states as nominal heads of states, ended Britshi paramountcy over princely states and granted them freedom to join either of two dominion or remain independent.

 

Q.2) Which of the following statements regarding the Constituent Assembly are true?
1. It was not based on Adult Franchise.
2. It resulted from direct elections.
3. It was a multi Party body.
4. It worked through several committees.

Select the correct answer using the codes given below:
a) 1 and 2 only
b) 2 and 3 only
c) 3 and 4 only
d) 1, 2, 3 and 4

Ans-c

Explanation–Constitutent assembly was based on a limited adult franchise. GoI act of 1935 granted this limited franchise on basis of tax, property and education.  Assembly was indirectly elected and nominated body. Total strength of it was 389; 296(292 of 11 governor provinces and 4 from chief commissioner provinces) seats were given to British India and 93 seats to Princely states. Congress got 208 seats, Muslim league got 73 and 15 Independents won.

For drafting the constitution, various number of major and minor committes were formed.

 

Q.3) Which of the following provisions of the Constitution came into force from November, 1949?
1. Provisions relating to citizenship.
2. Provisions relating to elections.
3. Provisions related to provisional parliament.
4. Fundamental Rights

Select the correct answer using the codes given below:
a) 1 and 2 only
b) 1, 2 and 4 only
c) 1, 2 and 3 only
d) None of the above

Ans-c

Explanation- Provisions of citizenship+election+Provisional parliament+temporary and transition provisions got activated immediately after commencement of constitution in November 1949. Along with these some imp articles wrt them are:

5,6,7,8,9- Dealing with citizenship

60- Oath/affirmation by the president

324- Supritendence, direction and control of elections by ECI

366,367,379,380,388,391,392 and 393.

Fundamental rights got activated on 26 January 1950 when constitution was formally adopted.

Q.4) The nationalist demand for a constituent assembly was for the first time conceded by the British Government, though indirectly and with reservations in the:
a) Cripps Proposal
b) August Offer
c) Cabinet Mission Plan
d) Act of 1935

 

Ans-b

Explanation Under Lord Linlithglow came the August offer in 1940 which declared following things:

• Expansion of an executive council
• Establishment of an advisory war council
• Weight to Minority opinions
• Recognition of Indian rights to frame their own constitution after war- This in principle accepted the demand of constituent assembly. Timeline upto this has already been shared in first questions.

Cripps Proposal was made to fulfil the demand of self government of Indians. It proposed that India shall be dominion of UK. First time it recognized right of Indians to have ‘dominion status’ and talked about giving them liberty to frame constitution. It was rejected by congress and Muslim League together.

GoI act of 1935 was made after round table conferences were over and discussion on Simon commission reports were exhaustively done. This act is very important with respect to constitution of India today. Structural part of it is made from this act only. This provided for establishment of an All India federation of provinces and princely states, abolished diarchy in states and introduced provincial autonomy, introduced bicameralism in 6 provinces, extended communal representation by providing separate electorates for depressed classes women and labours, abolished council of India, extended franchise to 10% of population, established public service sommision, RBI, and federal court.

 

Q.5) The constitution provides that Hindi shall be:
a) the National language of India
b) the language of communication between the State Governments
c) the official language of the Union of India
d) the language of communication between the Union Government and the State Governments

Ans- c

Explanation– Article 343 states that official language of the union shall be Hindi in Devanagiri script. Upto 15 years of commencement of constitution, English was the official language.

Hindi is not our national language.

http://www.thehindu.com/news/national/hindi-not-a-national-language-court/article94695.ece

The language in which communications between different states, or from the union government to a state or a person in a state, shall be sent is regulated by the Official Languages Act and, for states other than Tamil Nadu, by the Official Languages Rules. If two states whose official languages are Hindi only , they can communicate in Hindi whereas in case if one states has Hindi and other state has different language than they are required to communicate in English.

 

Q.6) Freedom of speech and expression are restricted in the Constitution on grounds of
1. Defamation
2. Contempt of court
3. Protecting a scheduled tribe
4. Friendly relations with foreign states

Select the correct answer using the codes given below:
a) 1, 2 and 3 only
b) 2, 3 and 4 only
c) 1 and 4 only
d) 1, 2 and 4 only

Ans-d

Explanation-Article 19 to 22 gurantees right to freedom. Article 19 talks about Protection of certain rights regarding freedom of speech etc. Under it

Clause 1. All citizens shall have the right of:

1. freedom of speech and expression
2. to assemble peaceably and without arms;
3. to form associations or unions;
4. to move freely throughout the territory of India;
5. to reside and settle in any part of the territory of India; and
6. to practise any profession, or to carry on any occupation, trade or business

 

Clause 2 talks about restrictions on these rights for

 

1. security of the State,
2. friendly relations with foreign States,

III. public order,

1. decency and morality,
2. contempt of court,
3. defamation,

VII. incitement to an offence, and

VIII. sovereignty and integrity of India.

 

Q.7) Separation of the Judiciary from the executive is enjoined by:
a) Preamble
b) Directive Principle
c) Seventh Schedule
d) Judicial Decision

Ans-b

Explanation Article 50 of the Indian constitution talks that the State shall take steps to separate the judiciary from the executive in the public services of the State. It is one of the liberal intellectual principle.

Preamble is the source of authority of constitution, defines nature of Indian state and specifies objectives of the constitution.

Seventh schedule defines distribution of powers between Union and states.

 

Q.8) Provisions of the constitution relating to the administration of scheduled areas and tribes in Schedule V:
a) May be altered by the Governor
b) May be altered by Parliament by amendment requiring two-third majority
c) Cannot be altered
d) May be altered by Parliament by ordinary legislation

Ans- d

Explanation – It is given in Laxmikanth 4^th edition, chapter 10, Constitution amendment under heading amendment requiring simple majority, point 17. Governor can only play with regulations passed by the parliament or govt.

Q.9) While a proclamation of emergency is in operation in the country, the state government:
a) Cannot legislate
b) Can legislate only on subjects in the Concurrent List
c) Can legislate on the subject in the state list
d) is suspended.

Ans-c

Explanation– After proclamation of the emergency under article 352 federal structure of the polity changes into unitary and centre can legislate on any matter of the state lists. These laws made on state subjects become inoperative after 6 months of the cease of emergency. It is to be noted that state legislatures are not suspended but rather normal distribution of legislative powers get suspended in emergency and become subject to overriding powers of the parliament.

 

Q.10) Which of the following regarding the election of the President is correct?
a) A candidate securing the majority of votes is not automatically elected
b) The supreme court has no jurisdiction in any doubt or dispute arising in connection with the election of the President
c) The Presidential election cannot take place when one or more State Assemblies stand dissolved because all the State Assemblies form part of the Electoral College
d) The total value of the votes allotted to both Houses of Parliament is much more than the total value of the votes of all the states taken together

Ans-a

Explanation – President election is by proportional representation by single transferrable voting system. This ensures that successful candidate gets returned by absolute majority of the vote. A fixed quota has to be scored in election by the candidate. It is called electoral quota. It is obtained by dividing the total number of valid votes polled by the number of candidates to be elected plus one and adding one to the quotient. Page 17.4 of Laxmikanth describes this procedure in detail

SC entertains the dispute in the election of the president.

Constitution ensures that uniformity in the scale of representation is shown in the election of different states and union.

 

 

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