UPSC NCERT POLITY NOTES: TOPIC WISE SOLVED MCQ’s

 

UPSC Polity : Citizenship, Directive Principles of the State Policy and Fundamental Duties Notes Part 1

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Today’s Topic: Citizenship, Directive Principles of the State Policy and Fundamental Duties

 

Q1. Match List-I with List-II and identify the correct answer from the codes given below:

List-I                                                      List II

(Name of Philsophy)                           (Directive Principle)

Welfarism                                     i. Promotion of cottage industry

Socialism                                     ii. Better health and living standard

Gandhian Philosophy                  iii. Promotion of international peace and security

Internationalism                           iv. Equal pay for equal work

Codes:

A         B          C          D

a) i          iii         ii          iv

b) ii         iii         i           iv

c)  i          ii          iv         iii

d) ii          iv         i           iii

Ans      D

Explanation:    Welfarism is based on the premise that actions, policies, and/or rules should be evaluated on the basis of their consequences. Welfarism is the view that the morally significant consequences are impacts on human (or animal) welfare. There are many different under-standing of human welfare, but the term “welfarism” is usually associated with the economic conception of welfare. Economists usually think of individual welfare in terms of utility functions. Social welfare can be conceived as an aggregation of individual utilites or utility functions. Welfarism can be contrasted to other consequentialist theories, such as classical utilitarianism, which takes utility among agents as directly accessible and measurable. Welfarist views have been especially influential in the law and economics movement. Steven Shavell and Louis Kapow have argued in an influential book, Fairness versus Welfare that welfare should be the exclusive criteria by which legal analysts evaluate legal policy choices.

Q2. Which of the following is not a Directive Principle of State Policy?

a) Right to adequate means of livelihood.

b) Protection of language, script or culture of minorities.

c) The state shall Endeavour to raise the level of nutrition and standard of living and to improve public health.

d) To develop cottage industries.

Ans      B

Explanation:    Directive Principle of State Policy:

ARTICLE 36. Definition. 37. Application of the principles contained in this part. 38.State to secure a social order for the promotion of welfare of the people. 39. Certain principles of policy to be followed by the State. 39.AEqual justice and free legal aid 40.Organisation of village panchayats. 41.Right to work, to education and to public assistance in certain cases.42.Provison for just and humane conditions of work and maternity relief. 43.Living wage, etc., for workers. 43A. Participation of workers in management of industries  44.Uniform civil code for the citizens. 45.Provision for free and compulsory education for children 46.Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections. 47.Duty of the State to raise the level of nutrition and the Standard of living and to improve public health 48.Organisation of agriculture and animal husbandry. 48A.Protection and improvement of environment and safe guarding of forests and wild life. 49. Protection of monuments and places and objects of national importance. 50.Separation of judiciary from executive 51. Promotion of international peace and security.

Q3. Which part of the Constitution of India is known as “Code of Administrators”?

a) Part I

b) Part II

c) Part III

d) Part IV

Ans      D

Explanation:    The Constitution of India is the longest written constitution of any sovereign country in the world containing 448 articles in 22 parts, 12 schedules and 118 amendments.

The Constitution was adopted by the Constituent Assembly on 26 November 1949, and came into effect on 26 January 1950. The date 26 January was chosen to commemorate the Purna Swaraj declaration of independence of 1930. With its adoption, the Union of India officially became the modern and contemporary Republic of India and it replaced the Government of India Act 1935 as the Country’s fundamental governing document. To ensure constitutional autochthony, the constitutional autochthony, the constitutional framers inserted Article 395 in the constitutional and by this Article the India Independence Act, 1947 was replaced. The Constitution declares India to be a sovereign, socialist, secular, democratic republic, assuring its citizens of justice, equality, and liberty, and endeavours to promote fraternity among them. The words “socialist” and “secular” were added to the definition in 1976 by Constitutional amendment (mini constitution). India celebrates the adoption of the constitution on 26 January each year as Republic Day.

The individual Articles of the Constitution are grouped together into the following parts:

Preamble

  1. Part I – Union and its Territory
  2. Part II –Citizenship
  3. Part III – Fundamental Rights
  4. Part – IV – Directive Principles of State Policy

The Directive Principles of State Policy are guildlines to the central and state governments of India, to be kept in mind while framing laws and policies,. These provisions, contained in Part Iv of the Constitution of India, are not enforceable by any court, but the principles laid down therein are considered fundamental in the governance of the country, making it the duty of the State to apply these principles in making laws to establish a just society in the country. The principles have been inspired by the Directive Principles given in the Constitution of Ireland and also by the principles of Gandhism; and relate to social justice, economic welfare, foreign policy, and legal and administrative matters.

Directive principles are classified under the following categories: Gandhian, economic and socialistic, political and administrative, justice and legal, environmental, protection of monuments and peace and security.

 Directives

The directive principles ensure that the State shall strive to promote the welfare of the people by promoting a social order in which social, economic and political justice is informed in all institutions of life. Also, the State shall work towards reducing economic inequality as well as inequalities in status and opportunities, not only among individuals, but also among individuals, but also among groups of people residing in different areas or engaged in different vocations. The State shall aim for securing right to an adequate means of livelihood for all citizens, both men and women. The State should work to prevent concentration of wealth and means of production in few hands, and try to ensure that ownership and control of the material resources is distributed to best serve the common good. Child abuse and exploitation of workers should be prevented. Children should be allowed to develop in a healthy manner can should be protected against exploitation and against moral and material abandonment. The State shall provide free legal aid to ensure that equal opportunities for securing justice is ensured to all, and is not denied by reason of economic or other disabilities.

The State shall also work for organisation of village panchayats and help enable them to function as units of self-government. The State shall endeavour to provide the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, within the limits of economic capacity, as well as provide for just and humane conditions of work and maternity relief.

The State should also ensure living wage and proper working conditions for workers, with full enjoyment of leisure and social and cultural activities. Also, the promotion of cottage industries in rural areas is one of the obligations of the State. The State shall take steps to promote their participation in management of industrial undertakings.

Also, the State shall endeavour to secure a uniform civil code for all citizens, and provide free and compulsory education to all children till they attain the age of 14 years. This directive regarding education of children was added by the 86th Amendment Act, 2002. It should and work for the economic and educational upliftment of scheduled castes, scheduled tribes and other weaker sections of the society.

The directive principles commit the State to raise the level of nutrition and the standard of living and to improve public health, particularly by prohibiting intoxicating drinks and drugs injurious to health except for medicinal purposes. It should also organise agriculture and animal husbandry on modern and scientific lines by improving breeds and prohibiting slaughter of cows, calves, other milch and draught cattle. It should protect and improve the environment and safeguard the forests and wild life of the country. This directive, regarding protection of the country. This directive, regarding protection of forests and wildlife was added by the 42nd Amendment Act, 1976.

Protection of monuments, places and objects of historic and artistic interest and national importance against destruction and damage, and separation of judiciary from executive in public services are also the obligations of the State as laid down in the directive principles. Finally, the directive principles, in Article 51 ensure that the State shall strive for the promotion and maintenance of international peace and security, just and honourable relations between nations, respect for international law and treaty obligations as well as settlement of international disputes by arbitration.

Implementation:

The State has made many efforts to implement the Directive Principles. The Programme of  Universalisation of Elementary Education and the five – year plans has been accorded the highest priority in order to provide free education to all children up to the age of 14 years. The 86th constitutional amendment of 2002 inserted a new article, Article 21-A, into the Constitution, that seeks to provide free and compulsory education to all children aged 6 to 14 years. Welfare schemes for the weaker sections are being implemented both by the Central and state governments. These include programmes such as boys’ and girls’ hostels for scheduled castes’ or scheduled tribes’ students. The year 1990-1991 was declared as the “Year of Social Justice” in the memory of B.R.Ambedkar. The government provides free text books to students belonging to scheduled castes or scheduled tribes pursuing medicine and engineering courses. During 2002-2003, a sum of Rs.4.77 crore was released for this purpose. In order that scheduled castes and scheduled tribes are protected from atrocities, the Government enacted The Prevention of Atrocities Act, which provided severe punishments for such atrocities.

Several Land Reform Acts were enacted to provide ownership rights to poor farmers. Up to September 2001, more than 2,000,000 acres (80,000km2) of land had been distributed to scheduled castes, scheduled tribes and the landless poor. The thrust of banking policy in India has been to improve banking facilities in the rural areas. The Minimum Wages Act of 1948 empowers government to fix minimum wages for employees engaged in various employments. The Consumer Protection Act of 1986 provides for the better protection of consumers. The act is intended to provide simple, speedy and inexpensive redressal to the consumers’ grievances, award relief and compensation wherever appropriate to the consumer. The Equal Remuneration Act of 1976, provides for equal pay for equal work for both men and women. The Sampoorna Grameen Rozgar Yojana was launched in 2001 to attain the objective of gainful employment for the rural poor. The programme was implemented through the Panchayati Raj institutions.

Panchayati Raj now covers almost all states and Union territories. One – third of the total number of seats have been reserved for women in Panchayats at every level; in the case of Bihar, half the seats have been reserved for women. Legal aid at the expenses of the state has been made compulsory in a cases pertaining to criminal law the accused is too poor to engage a lawyer. Judiciary has been separated from the executive in all the states and Union territories except Jammu and Kashmir and Nagaland.

India’s Foreign Policy has also to some degree been influenced by the DPSPs.  Has in the past condemned acts of aggression and has also supported the United Nation’s peace keeping activities. By 2004, the Indian Army had participated 37 UN peace-keeping operation India played a key role in the passing of UN resolution in 2003 which envisaged better cooperation between the Security Council and the troop contributing countries. India has also been in favour of nuclear disarmament. 

Amendments

Changes in directive Principles require a Constitutional amendment which has to be passed by a special major of both houses of the Parliament. This means that an amendment requires the approval of two-thirds of the members present and voting. However, the number of members voting should not be less than the simple majority of the house—whether the LokSabha or RajyaSabha.

V Article 31-C inserted in to the Directive Principles   of State Policy by the 25th Amendment Act of 1971 seeks to grade the DPSPs. If laws are made to give effect to the Directive Principles over Fundamental Rights, they shall not be invalid on the grounds that they take away the Fundamental Rights.

  1. Article 45, which ensures Provisions for free and compulsory education for children, was added by the 86th Amendment Act, 2002.
  2. Article 48-A, which ensures Protection and improvement of environment and safe-guarding of forests and wild life, was added by the 42nd Amendment Act, 1976.
  3. Part IVA – Fundamental Duties, Part V – The Union and   Part VI – The States.
  4. Part VII – States in the B part of the First schedule (Repealed).
  5. Part VIII – The Union Territories
  6. Part IX – The Panchayats and Part IXA – The Municipalities
  7. Part IXB – The Cooperative Societies
  8. Part X – The scheduled and Tribal Areas
  9. Part XA – Relations between the Union and the States.
  10. Part XII – Finance, Property, Contracts and Suits
  11. Part XIII – Trade and Commerce within the territory of India
  12. Part XIV – Services under the Union, the States. Part XIVA – Tribunals
  13. Part XV – Elections
  14. Part XVI – Special Provisions Relating to certain Classes.
  15. Part XVII – Languages
  16. Part XVIII – Emergency Provisions
  17. Part XIX – Miscellaneous
  18. Part XX – Amendment of the Constitution
  19. Part XXI – Temporary, Transitional and Special Provisions
  20. Part XXII – Short title, date of commencement, Authoritative text in Hindi and Repeals]

Q4. Which part of the Constitution deals with the Fundamental Duties?

a) IV A

b) IX A

c) XIV A

d) X

Ans      A

Explanation:    List of Fundamental Duties: Art.51A, Part IVA of the Indian Constitution, specifies the list of fundamental duties of the citizens. It says “it shall be the duty of every citizen of India:

  1. To abide by the constitution and respect its ideal and institutions;
  2. To cherish and follow the noble ideals which inspired our national struggle for freedom;
  • To uphold and protect the sovereignty, unity and integrity of India;
  1. To defend the country and render national service when called upon to do so;
  2. To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional diversities, to renounce practices derogatory to the dignity of women;
  3. To value and preserve the rich heritage of our composite culture;
  • To protect and improve the natural environment including forests, lakes, rivers, and wild-life and to have compassion for living creatures;
  • To develop the scientific temper, humanism and the spirit of inquiry and reform;
  1. To safeguard public property and to abjure violence;
  2. To strive towards excellence in all spheres of individual and collective activity, so that the nation constantly rises to higher levels of endavor and achievement. Further, one more Fundamental duty has been added to the Indian Constitution by 86th Amendment of the constitution in 2002.
  3. Who is a parent or guardian, to provide opportunities for education to his child, or as the case may be, ward between the age of six and fourteen years.]

Q5. Which of the following is not a fundamental duty

a) To respect national Anthem

b) To protect monuments are places of national importance

c) To safeguard private property

d) To protect and improve the natural environment

Ans      C

Q6. Which of the following are the ways of acquiring Indian citizenship?

  1. Birth
  2. Descent
  3. Naturalization
  4. Incorporation of territory

Select the correct answer from the code given below:

a) 1 and 2

b) 1 and 4

c) 1, 2 and 3

d) 1, 2, 3 and 4

Ans      D

Explanation:

Granting of citizenship

Citizenship at the commencement of the constitution of India: Persons domiciled in the territory of India as on 26 November 1949 automatically became Indian citizens by virtue of operation of the relevant provisions of the Indian Constitution coming into force, and most of these constitutional provisions came into force on 26 January 1950.The Constitution of India also made provision regarding citizenship for migrants from the territories of Pakistan which had been part of India before partition.

Citizenship by birth : Any person born in India on or after 26 January 1950, but prior to the commencement of the 1986 Act on 1 July 1987, is a citizen of India by birth. A person born in India on or after 1 July 1987 is a citizen of India if either parent was a citizen of India at the time of the birth. Those born in India on or after 3 December 2004 are considered citizens of India only if both of their parents are citizens of India or if one parent is a citizen of India and the other is not an illegal migrant at the time of their birth.

Citizenship by descent:

Persons born outside India on or after 26 January 1950 but before 10 December 1992 are citizens of India by descent if their father was a citizen of India at the time of their birth.

Person born outside India on or after 10 December 1992 are considered as citizens of India if either of their parents is a citizen of India at the time of their birth.

From 3 December 2004 onwards, persons born outside of India shall not be considered citizens of India unless their birth is registered at an Indian consulate within one year of the date of birth. In certain circumstances it is possible to register after 1 year with the permission of the Central Government. The application for registration of the birth of a minor child must be made to an Indian consulate and must be accompanied by an undertaking in writing from the parents of such minor child that he or she does not hold the passport of another country.

Citizenship by registration:

The Central Government may, on an application, register as a citizen of India under section 5 of the Citizenship Act 1955 any person (not being an illegal migrant) if he belongs to any of the following categories:

  1. A person of Indian origin who is ordinarily resident in India for seven years before making application under section 5(1)a) throughout the period of twelve months immediately before making application and for six years in the aggregate in the eight years preceding the twelve months).
  2. A person of Indian origin who is ordinarily resident in any country or place outside undivided India;
  3. A person who is married to a citizen of India and is ordinarily resident in India for seven years before making an application for registration; minor children of persons who are citizens of India;
  4. A person of full age and capacity whose parents are registered a citizen of India.
  5. A person of full age and capacity who, or either of his parents, was earlier citizen of independent India, and has been residing in India for one year immediately before making an application for registration;
  6. A person of full age and capacity who has been registered as an overseas citizen of India for five years, and who has been residing in India for one year before making an application for registration.

Citizenship by naturalization:

A foreigner who has resided In India for twelve years may naturalize as an Indian Citizen. The applicant must have lived a total of 12 years in India citizen. The applicant must have lived a total of 12 years in India in a period of 1`4 years, and must have lived in India for 12 months uninterrupted prior to applying for citizenship.

Q7. Which of the following articles incorporated with international peace and security?

a) Article 25

b) Article 29

c) Article 44

d) Article 51

Ans      D

Explanation:    Article 51: Promotion of international peace and security The State shall Endeavour to

a) promote international peace and security;

b) maintain just and honorable relations between nations;

c) foster respect for international law and treaty obligations in the dealings of organized peoples with one another; and encourage settlement of international disputes by arbitration Part IV a Fundamental Duties]

Q8. Which part of the Constitution refers to the responsibility of the state towers international peace and security?

  1. a) Fundamental rights b) Directive principles of state policy
  2. c) Emergency provisions d) Preamble of the constitution

Ans      B

Q9. Directive Principles of State policy incorporated in which part of the Constitution?

a) Part III

b) Part II

c) Part IV

d) Part IX

Ans      C

Q10. Which part of the Constitution refers to the responsibility of the state towards international peace and security?

a) Fundamental Rights

b) Directive Principles of State Policy

c) Emergency provisions

d) Preamble of the Constitution

Ans      B

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