Static Quiz 06 March 2024
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Static Quiz 06 March 2024 for UPSC Prelims
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- Question 1 of 5
1. Question
Which of the following subjects comes under the Concurrent List of the 7th Schedule of the Indian
Constitution ?
1. Census
2. Education
3. Marriage
4. Gambling
5. Population control and family planning
Choose the correct answer using the code given below :CorrectAnswer: B
IncorrectAnswer: B
- Question 2 of 5
2. Question
Consider the following statements about the Chief Election Commissioner (CEC) and other Election
Commissioners (EC) in India :
1. Article 324 of the Constitution of India mentions the qualifications for the appointment of CEC and
ECs.
2. They will be appointed based on the advice of the Council of Ministers headed by the Prime
Minister.
3. The CEC and ECs are removed from their office, like manner and on grounds as a judge of the
Supreme Court.
4. The Chief Election Commission and other Election Commissioners enjoy equal powers and receive
equal salaries.
Which of the statements given above are correct ?CorrectAnswer: D
The Election Commission is a permanent and an independent body established by the Constitution of
India directly to ensure free and fair elections in the country. Article 324 of the Constitution provides that
the power of superintendence, direction and control of elections to parliament, state legislatures, the office
of president of India and the office of vice-president of India shall be vested in the election commission.
The Constitution has not prescribed the qualifications (legal, educational, administrative or judicial) of
the members of the Election Commission. So, Statement 1 is not correct.Article 324(2) of the Constitution of India provides that the Election Commission shall consist of the Chief
Election Commissioner and such number of other Election Commissioners, if any, as the President may
from time to time fix and the appointment of the Chief Election Commissioner and other Election
Commissioners shall, subject to the provisions of any law made in that behalf by Parliament, be made by
the President.Recently in March 2023, the Supreme Court of India (SC), in the case titled Anoop Baranwal v. Union of
India, has directed a change in the appointment mechanism of the Chief Election Commissioner (CEC)
and Election Commissioners (EC). The current procedure entails the President appointing the CEC on the
aid and advice of the Council of Ministers. The SC has ordered that until the Parliament enacts a law in
this regard, the CEC and ECs shall be appointed on the recommendation of a 3-member committee
comprising of the Prime Minister, the Chief Justice of India, and the Leader of Opposition of the Lok
Sabha. So, Statement 2 is not correct.IncorrectAnswer: D
The Election Commission is a permanent and an independent body established by the Constitution of
India directly to ensure free and fair elections in the country. Article 324 of the Constitution provides that
the power of superintendence, direction and control of elections to parliament, state legislatures, the office
of president of India and the office of vice-president of India shall be vested in the election commission.
The Constitution has not prescribed the qualifications (legal, educational, administrative or judicial) of
the members of the Election Commission. So, Statement 1 is not correct.Article 324(2) of the Constitution of India provides that the Election Commission shall consist of the Chief
Election Commissioner and such number of other Election Commissioners, if any, as the President may
from time to time fix and the appointment of the Chief Election Commissioner and other Election
Commissioners shall, subject to the provisions of any law made in that behalf by Parliament, be made by
the President.Recently in March 2023, the Supreme Court of India (SC), in the case titled Anoop Baranwal v. Union of
India, has directed a change in the appointment mechanism of the Chief Election Commissioner (CEC)
and Election Commissioners (EC). The current procedure entails the President appointing the CEC on the
aid and advice of the Council of Ministers. The SC has ordered that until the Parliament enacts a law in
this regard, the CEC and ECs shall be appointed on the recommendation of a 3-member committee
comprising of the Prime Minister, the Chief Justice of India, and the Leader of Opposition of the Lok
Sabha. So, Statement 2 is not correct. - Question 3 of 5
3. Question
The Constitution of India explicitly prevents which of the following from an enquiry in the court of law?
CorrectAnswer: A
IncorrectAnswer: A
- Question 4 of 5
4. Question
Recently Private member bills have been introduced in the Houses of Parliament to amend the
Preamble to the Indian Constitution. In this context, consider the following statements :
1. As Preamble is not a part of the Constitution, it is neither enforceable nor justifiable in a court of
law.
2. Preamble has been amended only once so far since its inception.
3. The Legislative competence of a bill to amend the Preamble is decided by the Chairman of the
House.
Which of the statements given above is/are correct ?CorrectAnswer: C
In the case of Kesvanand Bharti vs. the State of Kerala, the Supreme has held that Preamble is part of the
Constitution.
The Preamble is of extreme importance, and the Constitution should be read and interpreted in the light
of the grand and noble vision expressed in the Preamble. However, two things should be noted:-
The Preamble is neither a source of power to the legislature nor a prohibition upon the powers of the
legislature.It is not justiciable, i.e., not enforceable in courts of Law. So, Statement 1 is not correct.
The Supreme Court has held that the preamble can be amended subject to the condition that no
amendment is done to the ‘ Basic structure’ of the constitution.The Preamble has been amended only once by the 42nd Constitutional Amendment Act, which has added
three new words- Socialistic, Secular and Integrity- to the preamble. So, Statement 2 is correct.IncorrectAnswer: C
In the case of Kesvanand Bharti vs. the State of Kerala, the Supreme has held that Preamble is part of the
Constitution.
The Preamble is of extreme importance, and the Constitution should be read and interpreted in the light
of the grand and noble vision expressed in the Preamble. However, two things should be noted:-
The Preamble is neither a source of power to the legislature nor a prohibition upon the powers of the
legislature.It is not justiciable, i.e., not enforceable in courts of Law. So, Statement 1 is not correct.
The Supreme Court has held that the preamble can be amended subject to the condition that no
amendment is done to the ‘ Basic structure’ of the constitution.The Preamble has been amended only once by the 42nd Constitutional Amendment Act, which has added
three new words- Socialistic, Secular and Integrity- to the preamble. So, Statement 2 is correct. - Question 5 of 5
5. Question
With respect to Preventive Detention in India, consider the following statements :
1. It was borrowed from the British Constitution.
2. Both the Central and State Governments can legislate laws on Preventive dentition for the
maintenance of Public order.
3. The person detained under preventive detention has the Right to Legal aid, guaranteed under
Article 21.
Which of the statements given above is/are correct ?CorrectAnswer: B
India is one of the few nations in the world with a Constitution that provides for preventative detention in
times of peace without the protections considered necessary in other countries to protect fundamental
human rights. The first Preventive Detention Act was passed on 26 February 1950 with the purpose of preventing anti- national elements from carrying out acts that are hostile to the Nation’s security and defense. It was not
borrowed from the British constitution. So. Statement 1 is not correct.A detainee under preventive Detention can have no right of personal liberty guaranteed by Article 19 Or
Right to Legal aid, guaranteed under Article 21. So, Statement 3 is not correct.IncorrectAnswer: B
India is one of the few nations in the world with a Constitution that provides for preventative detention in
times of peace without the protections considered necessary in other countries to protect fundamental
human rights. The first Preventive Detention Act was passed on 26 February 1950 with the purpose of preventing anti- national elements from carrying out acts that are hostile to the Nation’s security and defense. It was not
borrowed from the British constitution. So. Statement 1 is not correct.A detainee under preventive Detention can have no right of personal liberty guaranteed by Article 19 Or
Right to Legal aid, guaranteed under Article 21. So, Statement 3 is not correct.
