UPSC preliminary MCQ'S Part 22

Consider the following provisions enacted by the Government of India

1. Prvention of insults to National honour act 1971

2. Workman compensation acf

3. The bonded labour system abolition act 1976

4. The maternity benefit act 1961

Which of the above provisions are enacted to implement the directive principles?

a) 1 only

b) 2 and 3 only

c) 1 and 3 only

d) 2,3 and 4 only

Correct Answer: D

Explanation

The first statement is wrong.The Prevention of Insults to National Honour Act, 1971 is passed to implement Fundamental duty and not DPSP.

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UPSC preliminary MCQ'S 2019 Part 21

Consider the following statements about the directive principles of state policy

1. The directive principles of state policy are fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.

2. It helps the courts in examining and determining the constitutional validity of a law.

3. The concept of Directive Principles of State Policy was borrowed from the French constitution

which of the statements given above is/ are correct?

a) 1 and 2 only

b) 2 and 3 only

c) 1 and 3 only

d) 2 only

Correct Answer: A

Explanation

The Constitution (Article 37) itself says that these principles are fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.

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The Directive Principles, though non-justiciable in nature, help the courts in examining and determining the constitutional validity of a law.

The concept of DPSP is borrowed from Irish constitution

The Supreme Court has ruled many a times that in determining the constitutionality of any law, if a court finds that the law in question seeks to give effect to a Directive Principle, it may consider (not “shall consider, “no such completions) such law to be ‘reasonable’ in relation to Article 14 (equality before law) or Article 19 (six freedoms) and thus save such law from unconstitutionality.

Consider the following statement about directive principles of state policy is correct?

a) Constitution has classified the directive principle into socialistic, gandhian and liberalintellectual principles

b) DPSP can be amended by a special majority with consent of the states

c) DPSP require legislation for their implementation

d) Though Directive Principles are non-justiciable in nature, supreme court can invoke its special power under 32 for the enforcement.

Correct Answer: C

The Constitution does not contain any classification of Directive Principles.

DPSP can be amended by a special majority but consent of states not required.

Article 32 is the special power for the enforcement of fundamental rights.

Which of the following is a directive principle of state policy

a) Protect and improve the natural environment, including forest,lakes,rivers and wildlife and to have compassion for living creatures

b) Strive towards excellence in all spheres of individual and collective activity so that the nation constantly rise to a higher levels of endeavour and achievement

c) Develop scientific temper ,humanism and spirit of inquiry and reform

d) Take steps to secure the participation of workers in the management of industries

Correct Answer: D

Your Answer: Unanswered

Explanation

statements a,b,c are fundamental duties

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UPSC preliminary MCQ'S 2019 Part20

Consider the following statements about the writ petitions

1. Prohibition is not available against administrative authorities, legislative bodies, and private individuals or bodies

2. Habeas Corpus can be issued only against judicial and quasi-judicial authorities.

3. Certiorari can be issued against both public authorities as well as private individuals.

4. Mandamus is issued by the court to ask a public official him to perform his official duties that he has failed or refused to perform

which of the statements given above is/ are correct?

a) 1 and 2 only

b) 1,2 and 3 only

c) 1 and 4 only

d) 1,3 and 4 only

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Correct Answer: C

Explanation

Habeas Corpus: Can be issued against both public authorities as well as private individuals.

Prohibition: It is not available against administrative authorities, legislative bodies, and private individuals or bodies. The writ of prohibition can be issued only against judicial and quasijudicial

authorities.

Mandamus: the court to a public official asking him to perform his official duties that he has failed or refused to perform

Quo-Warranto: this can be sought by any interested person and not necessarily by the aggrieved person.

Certiorari: the writ of certiorari could be issued only against judicial and quasi-judicial authorities and not against administrative authorities. However, in 1991, the Supreme Court ruled that the certiorari can be issued even against administrative authorities affecting rights of individuals.

Consider the following statements about cultural and educational rights

1. Right to agitate for the protection of the language.

2. Right to establish and administer educational institutions of their choice under article 30.

3. The right to conserve a distinct language, script or culture.

Which of the above right is/are available only to religious minorities?

a) 3 only

b) 1, 2 and 3 only

c) 1 and 3 only

d) 2 only

Correct Answer: D

Explanation

Article 29 provides that any section of the citizens residing in any part of India having a distinct language, script or culture of its own, shall have the right to conserve the same. Further, no citizen shall be denied admission into any educational institution maintained by the State or

receiving aid out of State funds on grounds only of religion, race, caste, or language The protection under Article 30 is confined only to minorities (religious or linguistic) and does not extend to any section of citizens (as under Article 29). However, the term ‘minority’ has not been defined anywhere in the Constitution.

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Consider the following statements about right to constitutional remedies

1. The right to move the Supreme Court can only be suspended by the legislative action of the parliament.

2. President can empower any other court to issue directions, orders and writs of all kinds.

which of the statements given above is/ are correct?

a) 1 and 2 only

b) 1 only

c) 2 only

d) Neither 1 Nor 2

Correct Answer: D

Explanation

Parliament not the president can empower any other court to issue directions, orders and writs of all kinds.

The Supreme Court, under Article 32, cannot determine a question that does not involve Fundamental Rights

The right to move the Supreme Court shall not be suspended except as otherwise provided for by the Constitution (not by the legislative action of the parliament).

UPSC preliminary MCQ'S 2019 Part19

Consider the following statements:

1. It is imposed in some specific area of the country,

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2. It suspends the government and ordinary law courts.

3. It affects only Fundamental Rights.

4. It is imposed to restore the breakdown of law and order due to any reason.

The above statements characterise which of the following situation

a) National emergency

b) Constitutional emergency

c) Martial law

d) Section 144 of IPC

Correct Answer: C

self explanatory

Explanation

Consider the following powers of making law:

1. Prescribing residence as a condition for certain employments or appointments in a state

2. Empowering courts other than the Supreme Court and the high courts to issue directions, orders and writs of all kinds for the enforcement of fundamental rights

3. Indemnifying any government servant or any other person for any act done during the operation of martial law in any area

4. Restricting or abrogating the application of Fundamental Rights to members of armed forces, police forces

Which of the above powers comes under the jurisdiction of state legislatures?

a) 1,3 and 4 only

b) None of the above

c) 1,2 and 4 only

d) 2 and 4 only

Correct Answer: B

Explanation

All these powers are under the jurisdiction of the parliament, not the state legislature

Consider the following statements about rights guaranteed by the constitution

1. All Rights guaranteed by the constitution come under fundamental rights.

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2. Right to property is a fundamental right.

3. State legislatures can make laws to abolish the untouchability.

Which of the above given statements is/are not correct?

a) 1, 2 and 3

b) 2 and 3 only

c) 1 and 3 only

d) 3 only

Correct Answer: A

Explanation

Parliament shall have (and the legislature of a state shall not have) powers to make laws for prescribing punishment for those acts that are declared to be offences under the fundamental rights. These include the following: Untouchability (Article 17). 

(b) Traffic in human beings and forced labour (Article 23).

Besides the Fundamental Rights included in Part III, there are certain other rights contained in other parts of the Constitution. These rights are known as constitutional rights or legal rights or

non-fundamental rights. They are:

No tax shall be levied or collected except by authority of law (Article 265 in Part XII).

No person shall be deprived of his property save by authority of law (Article 300-A in Part XII).

Trade, commerce and intercourse throughout the territory of India shall be free (Article 301 in Part XIII).

The elections to the Lok Sabha and the State Legislative Assembly shall be on the basis of adult suffrage (Article 326 in Part XV).

UPSC preliminary MCQ'S 2019 Part 18

Consider the following statements about right to life

1. A person cannot be deprived of his right to life and personal liberty.

2. The protection under Article 21 should be available only against arbitrary executive action

but not against any legislative action.

3. The right to life and personal liberty of a person can be deprived by a law provided the

procedure prescribed by that law is reasonable, fair and just.

Which of the above statements given above is/are not correct?

a) 1 and 2 only

b) 2 and 3 only

c) 3 only

d) None of the above

Correct Answer: A

Explanation

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The right to life and personal liberty of a person can be deprived by a law provided the

procedure prescribed by that law is reasonable, fair and just.

In 1976 The court judgement has introduced the American expression ‘due process of law’. In

effect, the protection under Article 21 should be available not only against arbitrary executive

action but also against arbitrary legislative action

Tikdam:

Reasonable restrictions to the fundamental rights are a basic character of constitution. So reasonable restrictions would be applied to any fundamental right. If you know the basic definition of fundamental right, you can eliminate the second statement.

Consider the following about protection against arrest and detention

1. The detention of a person can exceed three months with an authorisation of advisory board

consist of judges of a high court.

2. Both the Parliament as well as the state legislatures can concurrently make a law of

preventive detention for reasons connected with the maintenance of supplies and services

essential to the community.

3. The arrest and detention under Article 22 cover arrest under the orders of a court, civil

arrest, arrest on failure to pay the income tax, but not deportation of an alien.

Which of the above statements given above is/are correct?

a) 1 and 2 only

b) 2 only

c) 1 an 3 only

d) 3 only

Correct Answer: A

Explanation

The detention of a person cannot exceed three months unless an advisory board reports

sufficient cause for extended detention. The board is to consist of judges of a high court. (ii) The

grounds of detention should be communicated to the detenu. However, the facts considered to

be against the public interest need not be disclosed. (iii) The detenu should be afforded an

opportunity to make a representation against the detention order.

Both the Parliament as well as the state legislatures can concurrently make a law of preventive

detention for reasons connected with the security of a state, the maintenance of public order

and the maintenance of supplies and services essential to the community

The arrest and detention in the first part of Article 22 do not cover arrest under the orders of a

court, civil arrest, arrest on failure to pay the income tax, and deportation of an alien. They

apply only to an act of a criminal or quasi-criminal nature or some activity prejudicial to public

interest.

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Consider the following statements about National Emergency

1. It is imposed to restore the breakdown of law and order due to any reason.

2. It affects only Fundamental Rights.

3.It suspends the government and ordinary law courts.

4. It is imposed either in the whole country or in any part of it.

which of the statements given above is/ are correct?

a) All of the above

b) 1 and 3 only

c) 4 only

d) 2, 3 and 4 only

Correct Answer: C

Explanation

Martial Law

It affects only Fundamental Rights.

It suspends the government and ordinary law courts.

It is imposed to restore the breakdown of law and order due to any reason.

It is imposed in some specific area of the country

National emergency

It affects not only Fundamental Rights but also Centre–state relations, distribution of revenues

and legislative powers between centre and states and may extend the tenure of the Parliament.

It continues the government and ordinary law courts.

It can be imposed only on three grounds—war, external aggression or armed rebellion.

It is imposed either in the whole country or in any part of it.

It has specific and detailed provision in the Constitution. It is explicit.

It has no specific provision in the Constitution. It is implicit

UPSC preliminary MCQ'S 2019 part 17

Consider the following statements regarding 'High Nitrogen Steel(HNS)':

1. It is non-magnetic.

2. It is not corrosion-resistant.

Which of the statements given above is/are correct?

a) 2 only

b) Both 1 and 2

c) 1 only

d) Neither 1 nor 2

Correct Answer: C

Explanation

*High nitrogen steels are a new class of high alloy martensitic, austenitic or duplex grades with

up to 0.9 mass% of N in solid solution.

Significance

*The alloy has significant applications in the defence sector due to its much higher ballistic

strength than normal steel, but currently the country is largely dependent on imports.

*In addition to being non-magnetic and corrosion-resistant, the HNS cost is about 40% less

compared to Rolled Homogenous Armour Steel (RHA)

*The HNS technology would further the Army’s quest for lighter and high-performance

armouring material compared to materials currently in use.

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*will pave the way for further acceleration of locally developed technology

Consider the following statements regarding the 'Polymetallic Nodules:'

1. They are found in Deep Sea Oceans.

2. They are non existent in Pacific ocean.

Which of the statements given above is/are correct?

a) 2 only

b) Both 1 and 2

c) Neither 1 nor 2

d) 1 only

Correct Answer: D

Explanation

Polymetallic Nodules

Also known as manganese nodules, they are largely porous nodules found in abundance

carpeting the sea floor of world oceans in deep sea.

Besides manganese and iron, they contain nickel, copper, cobalt, lead, molybdenum, cadmium,

vanadium, titanium, of which nickel, cobalt and copper are considered to be of economic and

strategic importance

Their composition varies by location, and sizeable deposits been found in four areas:

• Penrhyn Basin near within the Cook Islands .

• North central Pacific Ocean in a region called the Clarion Clipperton Zone (CCZ) roughly

midway between Hawaii and Clipperton Islands.

• Peru Basin in the southeast Pacific,and

• Southern tropical Indian Ocean in a region termed the Indian Ocean Nodule Field (IONF)

roughly 500 km SE of Diego Garcia Island.

Consider the following statements about Protection in Respect of Conviction for Offences

1. This right is available to citizen and foreigner including enemy alien.

2. Compulsory production of material objects amounts to self-incrimination.

3. The protection against double jeopardy is available in proceedings before a court of law or a

judicial tribunal as well as departmental or administrative authorities.

4. The protection against self-incrimination extends criminal proceedings and civil proceedings.

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Which of the above statements given above is/are not correct?

a) 2 only

b) 2, 3 and 4 only

c) 1, 2, 3 and 4

d) 3 and 4 only

Correct Answer: C

Explanation

Article 20 grants protection against arbitrary and excessive punishment to an accused person,

whether citizen or foreigner or legal person like a company or a corporation ( but not enemy

alien)

The protection against self-incrimination extends to both oral evidence and documentary

evidence. However, it does not extend to (i) compulsory production of material objects, (ii)

compulsion to give thumb impression, specimen signature, blood specimens, and (iii)

compulsory exhibition of the body.

The protection against double jeopardy is available only in proceedings before a court of law or  a judicial tribunal. In other words, it is not available in proceedings before departmental or

administrative authorities as they are not of judicial nature

The protection against self-incrimination extends only to criminal proceedings and not to civil

proceedings or proceedings which are not of criminal nature.

Tikdam: application simple logic will help you find answer of this question. If you know the

definition of enemy alien , then you can find the answer. (it is important to know definition of

such key words )