Question Discussion & Solution

The correct answer is Article 20 and 21.

• Article 20 and 21 are the two articles (Fundamental Rights) of the Indian Constitution that are not suspended even during the National Emergency under Article 359.
• Article 20 gives protection in respect of conviction for offences.
• Article 21 gives the right to life, personal liberty, and the right to die with dignity.
• Article 21A gives free education to all children of the age of six to fourteen(6-14) years.
• Article 14 - Equality before the law
• Article 15 - Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth.
• Article 16 - Equality of opportunity in matters of public employment
• Article 17 - Abolition of untouchability
• Article 18 - Abolition of titles
• Article 19 - Protection of certain rights regarding freedom of speech, etc.

The Fundamental Rights from the article 12-35 have been classified under six categories:

• Right to Freedom
• Right to Equality
• Right against Exploitation
• Right to Freedom of Religion
• Cultural and Educational rights
• Right to constitutional remedies.

The correct answer is option 2 i.e., Parliament.

• Parliament can impose reasonable restrictions on Fundamental Rights.
• Fundamental Rights listed in Part III of the Constitution are not absolute and can be restricted on reasonable grounds by legislation enacted by Parliament.
• Article 13(1)  states that all laws in force in the territory of India immediately before the commencement of this constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void.
• Article 13(4)-Nothing in this article shall apply to any amendment of this Constitution made under article 368.
• The Constitutional Bench in Kesavananda Bharati case ruled that Parliament could amend any part of the Constitution so long as it did not alter or amend the basic structure or essential features of the Constitution.

The correct answer is Directive Principles of State Policy.

Key Points

• The Constitution itself declares that the Directive Principles of State Policy are fundamental to the governance of the country.
• These are the constitutional instructions or recommendations to the State in legislative, executive, and administrative matters.
• Hence option 3 is correct.

​​Additional Information

• Socialistic Principles:
  • to promote the welfare of the people by securing a social order permeated by social, economic, and political justice and to minimize inequalities in income, status, facilities and opportunities. (Art 38)
  • to secure (a) the right to adequate means of livelihood for all citizens; (b) the equitable distribution of material resources of the community for common good; (c) prevention of concentration of wealth and means of production; (d) equal pay for equal work for men and women; (e) preservation of the health and strength of workers and children against forcible abuse; and (f) opportunities for the healthy development of children. (Art 39)
  • to promote equal justice and to provide free legal aid to the poor. (Art 39A)
  • to secure the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement. (Art 41)
  • to make provision for just and humane conditions for work and maternity relief. (Art 42)
  • to secure a living wage, a decent standard of living and social and cultural opportunities for all workers. (Art 43)
  • to take steps to secure the participation of workers in the management of industries. (Art 43A)
  • to raise the level of nutrition and the standard of living of people and to improve public health. (Art 47)
• The Gandhian Principles:
  • Based on Gandhian ideology, these include
    • organizing village Panchayats and endowing them with necessary powers and authority to enable them to function as units of self-government. (Art 40)
    • promoting cottage industries on an individual or co-operation basis in rural areas. (Art 43)
    • promoting voluntary formation, autonomous functioning, democratic control, and professional management of co-operative societies. (Art 43B)
    • promoting the educational and economic interests of SCs, STs and other weaker sections of the society and protecting them from social injustice and exploitation. (Art 46)
    • prohibiting the consumption of intoxicating drinks and drugs which are injurious to health. (Art 47)
    • prohibiting the slaughter of cows, calves and other milch and drought cattle and improving their breeds. (Art 48)
• Liberal-Intellectual Principles:
  • These principles represent the ideology of liberalism and direct the state to
    • secure for all citizens a uniform civil code. (Art 44)
    • to provide early childhood care and education for all children until they complete the age of 6 years. (Art 45)
    • to organise agricultural and animal husbandry on modern and scientific lines. (Art 48)
    • to protect and improve the environment and to safeguard forests and wildlife. (Art 48A)
    • to protect monuments, places and objects of artistic or historic interest which are declared to be of national importance. (Art 49)
    • to separate the judiciary from the executive in the public services of the state. (Art 50)
    • to promote international peace and security and maintain just and honourable relations between nations; to foster respect for international law and treaty obligations, and to encourage settlement of international disputes by arbitration. (Art 51)

The correct answer is 2 and 3 only.

Key Points

• NDC is listed as an advisory body to the Planning commission. Moreover, the plans made by the Planning commission are placed before NDC for its acceptance. Hence statement 1 is not correct.
• Now, the National Development Council (NDC) and Planning Commission (PC) has been abolished now.
  • NDC used to advise PC on planning and included all CMs and union ministers etc.
• The Economic and Social Planning is kept in the Concurrent List in the Constitution of India.
  • Hence statement 2 is correct.
• The Constitution of India prescribes that Panchayats should be assigned the task of preparation of plans for economic development and social justice.
• The 73rd Amendment 1992 added a new Part IX to the constitution titled “The Panchayats” covering provisions from Article 243 to 243(O); and a new Eleventh Schedule covering 29 subjects within the functions of the Panchayats.
  • Hence statement 3 is correct.

​​​Additional Information

• National Development Council is an organ of the Planning Commission
  • Planning Commission was replaced by a new institution – NITI AAYYOG on January 1, 2015, with emphasis on the ‘Bottom –Up’ approach to envisage the vision of Maximum Governance, Minimum Government, echoing the spirit of ‘Cooperative Federalism’.
  • Objectives
    • To foster cooperative federalism through structured support initiatives and mechanisms with the States on a continuous basis, recognizing that strong States make a strong nation.
    • To develop mechanisms to formulate credible plans at the village level and aggregate these progressively at higher levels of government.
    • To ensure, on areas that are specifically referred to it, that the interests of national security are incorporated in economic strategy and policy.
    • To pay special attention to the sections of our society that may be at risk of not benefitting adequately from economic progress.
    • To provide advice and encourage partnerships between key stakeholders and national and international like-minded Think Tanks, as well as educational and policy research institutions.
    • To create a knowledge, innovation and entrepreneurial support system through a collaborative community of national and international experts, practitioners and other partners.
    • To offer a platform for the resolution of inter-sectoral and inter-departmental issues in order to accelerate the implementation of the development agenda.
    • To maintain a state-of-the-art Resource Centre, be a repository of research on good governance and best practices in sustainable and equitable development as well as help their dissemination to stake-holders.

The correct answer is U.S. Constitution.

Important Points