UPSC Civil Service Examination 1976-2016 Indian Polity III

Ans .

Explanation :
Article 14-18 are covered under Right to Equality. Article 23 and 24 - Right against Exploitation. Article 25-28 - Right to Freedom of Religion. Article 29 and 30 - Cultural and Educational Rights.

2. Consider the following statements:
No one can be compelled to sing the National Anthem since:
1. it will be violative of the Right to Freedom of Speech and Expression
2. it will be violative of the Right to the Freedom of Conscience and practise and propagation of religion
3. there is no legal provision obliging anyone to sing the National Anthem

Ans .

Explanation :
It is violative of the fundamental rights under Article 25(1).

Ans .

Explanation :
Fundamental rights under Article 15, 16, 19 and 30 are exclusive to the citizens of India. Freedom of Trade and Profession comes under article 19(1)(g).

4. The following news item appeared in a National daily dated 1-12-1999 :
“...Parliament today rejected a Bill to grant women the right to vote and stand for office in parliamentary elections, by a margin of 32 to 30.
The National Assembly was split between liberal pro-government and Shiite Muslim deputies who were in favour of women’s rights, while the opposition camp grouped Sunni Muslim fundamentalists and tribal MPs. A total of 64 MPs and Ministers were present, of whom two abstained.”

The Parliament referred to in this quotation is that of :

Ans .

Explanation :
Kuwait's all-male Parliament rejected granting women full political rights. The vote was 32 to 30 with 2 abstentions. With 64 members present, the bill needed 33 votes to pass.

Ans .

Explanation :
There are 6 groups of Fundamental Rights: Right to Equality (14-18), Right to Freedom (19-22), Right against Exploitation (23 and 24), Right to Freedom of Religion (25 and 28), Cultural & Educational Rights (29 and 30), Right to Constitutional remedies (32).

Ans .

Explanation :
Right to Constitutional Remedies under article 32 is a Fundamental Right. It was called the very soul of Indian constitution and very heart of it, by B.R. Ambedkar.

7. Which one of the following authorities recommends the principles governing the grants-in-aid of the revenues to the states out of the Consolidated Fund of India?

Ans .

Explanation :
The finance commission will be governed by the principles to allocate grants-in-aid of the revenues of the states out of the consolidated fund of India.

8. Consider the following statements:
1. Article 301 pertains to the Right to Property.
2. Right to Property is a legal right but not a Fundamental Right.
3. Article 300 A was inserted in the Constitutional Amendment.

Which of the statement given above is/are correct?

Ans .

Explanation :
Article 301 pertains to Freedom of Trade, Commerce and Intercourse. In the original constitution right to property was a Fundamental Right under Article 19(1) (f). But 44th Amendment Act, 1978 omitted sub clause f, and inserted Article 300A to make right to property a legal right. The Government at that time was Janta Party government.

9. Consider the following statements:
1. Free and compulsory education to the children of 6-14 years age-group by the State by the seventysixth Amendment to the Constitution of India.
2. Sarva Shiksha Abhiyan seeks to provide computer education even in rural areas.
3. Education was included in the Concurrent List by the Forty-second Amendment, 1976 to the Constitution of India’.

Which of the statements given above are correct?

Ans .

Explanation :
Statement 1 is incorrect as this provision was added by 86th Amendment Act (not 76th).

10. With reference to the United Nations Convention on the Rights of the Child, consider the following :
1. The Rights of Development
2. The Right to Expression
3. The Right to Recreation

Which of the above is/are the Rights of the child ?

Ans .

Explanation :
The Convention on the Rights of the Child (adopted on Nov. 20, 1989) is the first legally binding international instrument to incorporate the full range of human rights i.e. civil, cultural, economic, political and social rights.

11. In India, if a religious sect/community is given the status of a national minority, what special advantages it is entitled to?
1. It can establish and administer exclusive educational institutions.
2. The President of India automatically nominates a representative of the community to Lok Sabha.
3. It can derive benefits from the Prime Minister’s 15-Point Programme.

Which of the statements given above is/are correct ?

Ans .

Explanation :
Minority education institution has the power to reserve only upto 50% seats for students belonging to its own community. (Supreme Court Judgement on St. Stephens College Case, 1992, S.C.C. 558).

12. India is home to lakhs of person with disabilities. What are the benefits available to them under the law?
1. Free schooling till the age of 18 years in government- run schools.
2. Preferential allotment of land for setting up business.
3. Ramps in public buildings.

Which of the statements given above is/are correct?

Ans .

Explanation :
Disable students come under the Right to Education and RTE Act provides for free and compulsory education to ‘children’ between the ages six and 14 years, though under the Persons with Disability (PWD) Act, a child refers to a person up to the age of 18 years. So statement 1 is correct. Please note that Persons with Disability (PWD) Act provides for ramps in public building; adaptation of toilets for wheel chair users; Braille symbols and auditory signals in elevators or lifts; ramps in hospitals, primary health centres and other medical care and rehabilitation institutions. The same Act also states that appropriate Governments and local authorities shall by notification frame schemes in favour of persons with disabilities, for the preferential allotment of land at concessional rates.

13. Consider the following :
1. Right to education.
2. Right to equal access to public service.
3. Right to food.

Which of the above is/are Human Right/Human Rights under "Universal Declaration of Human Rights"?

Ans .

Explanation :
Article 25 says everyone has the right to a standard of living adequate for the health and wellbeing of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control. Article 21(2) says– everyone has the right of equal access to public service in his country. Article 26(1) says–Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages.

14. With reference to consumers’ rights/privileges under the provisions of law in India, which of the following statements is/are correct?
1. Consumers are empowered to take samples for food testing.
2. When a consumer files a complaint in any consumer forum, no fee is required to be paid.
3. In case of death of a consumer, his/her legal heir can file a complaint in the consumer forum on his/her behalf.

Select the correct answer using the codes given below:

Ans .

Explanation :
Consumers are empowered to take samples for food testing. In case of death of a consumer his/her legal heir can file a complaint in the consumer forum on his /her behalf.

Ans .

Explanation :
The Preamble to the Constitution of India in its introductory statement says- “Justice- Social, Economic and Political” and the Directive Principles of state policies aim to create social and economic condition under which the citizens can lead a good life. They also aim to establish social and economic democracy through a welfare state.

16. Which of the following are the discretionary powers given to the Governor of a State?
1. Sending a report to the President of India for imposing the President’s rule
2. Appointing the Ministers
3. Reserving certain bills passed by the State Legislature for consideration of the President of India
4. Making the rules to conduct the business of the State Government

Select the correct answer using the code given below.

Ans .

Explanation :
The governor has Constitutional discretion in cases of Reservation of bill for consideration of the President and Recommendation of the imposition of President's rule.Therefore, statement 1 and 3 are definitely right. Moreover Governor only appoints those persons as ministers who are recommended by the Chief Minister. So Governor doesn’t have “Discretion” in appointment of the minister.Therefore 2 is wrong.

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