Question Discussion & Solution

The correct answer is option 4.

Key Points

•  Fundamental Duties:
  • ​They were added to the constitution on the recommendation of the Sardar Swaran Singh Committee.
  • They were added by the 42nd Constitutional Amendment Act in 1976.
  • This amendment added a new part, namely, Part IVA to the Constitution. This new part consists of only one Article, that is, Article 51A which for the first time specified a code of ten fundamental duties of the citizens. Some of them are:
    • to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures; Hence 1 is correct.
    • to uphold and protect the sovereignty, unity and integrity of India;  Hence 2 is correct.
    • to value and preserve the rich heritage of the country’s composite culture;  Hence 3 is correct.
• To protect monuments, places and objects of artistic or historic interest which are declared to be of national importance; This is a directive principle of State Policy under Article 49. Hence 4 is not correct. 

The Correct Answer is option is 3 i.e. 2 only.

• Eighty-sixth Amendment Act, 2002 inserted Article 21-A in the Constitution of India to provide free and compulsory education of all children in the age group of six to fourteen years as a Fundamental Right.
• The right to work is placed in Part IV Directive Principles of State Policy of the Constitution under Article 41, which hence makes it unenforceable in the court of law.  Hence 3 is the correct answer.
• The right to form an association is a fundamental Right given in the Constitution of India under Article 19(1)(c). It says that all citizens shall have the freedom to form associations or unions for a lawful purpose.
• The Right to practice any profession is a fundamental Right given in the Constitution of India under Article 19(1)(g). It helps to carry on any occupation, trade, or business to all citizens subject to Art.

The correct answer is By indirect elections by the members of the Provincial Legislative Assemblies established in 1935.

• The members of this assembly were elected indirectly, that is by the members of the provincial assemblies by the method of a single transferable vote of proportional representation.

Additional Information 

• Important facts about the Constituent Assembly
  • In 1934, M N Roy first proposed the idea of a constituent assembly.
  • The demand was taken up by the Congress Party in 1935 as an official demand.
  • The British accepted this in the August Offer of 1940.
  • Under the Cabinet Mission plan of 1946, elections were held for the formation of the constituent assembly.
  • The members of this assembly were elected indirectly, that is by the members of the provincial assemblies by the method of a single transferable vote of proportional representation
  • The constituent assembly was formed for the purpose of writing a constitution for independent India
  • Initially, the number of members was 389.
  • After partition, some of the members went to Pakistan and the number came down to 299.
  • Out of this, 229 were from the British provinces and 70 were nominated from the princely states.
  • Dr Sachchidananda Sinha was the first temporary chairman of the Constituent Assembly.
  • Later, Dr Rajendra Prasad was elected as the President and its Vice President was Harendra Coomar Mookerjee.
  • BN Rau was the constitutional advisor.
  • The assembly first met on 9 December 1946.
  • On 13 December 1946, Jawaharlal Nehru moved the ‘Objective Resolution’.
  • The National Flag of the Union was adopted on 22 July 1947.
  • The final document had 22 parts, 395 articles and 8 schedules.
  • The assembly had met for 11 sessions.
  • The last session was held during 14 – 26 November 1949.
  • The constitution was passed and adopted by the assembly on 26 November 1949.
  • On 24 January 1950, ‘Jana Gana Mana’ was adopted as the national anthem.
  • The constitution came into force on 26 January 1950 (which is celebrated as Republic Day).

The correct answer is 3 only.

 Key Points

• In case of a censure motion, reasons must be stated for its adoption in the Lok Sabha while in case of motion of no confidence no such reasons for its adoption are required to be stated in the Lok Sabha. Hence Statement 3 is not correct and option 3 is correct.

 Important Points

• Article 75 of the constitution states that the Council of Ministers shall be collectively responsible to the House of the People.
• Collective responsibility means that the entire Council of ministers is a team that sinks or swims together.
• So if the Lok Sabha passes a no-confidence motion against the Council of ministers then all have to resign. Hence Statement 1 is correct.
• Censure motion is moved against the Council of Ministers, a group of ministers, or as individual ministers for the failure to perform duties.
• The censure motion is usually moved by the opposition party against the ruling party or any of its ministers for failing to act in a certain matter.
• Censure motion must be specific and self-explanatory, stating the reasons for its adoption. Hence Statement 2 is correct.
• It can be moved only in the Lok Sabha and not in the Rajya Sabha.
• No leave of the House is required for moving a censure motion but it must specify the charges against the government for which it is moved.
• If the censure motion is passed, the Council of ministers is bound to seek the confidence of the Lok Sabha as early as possible.

 Additional Information 

Difference between Censure Motion and Motion of No Confidence

• No confidence motion can only be moved against the entire council of ministers while censure motion can be moved against an individual minister, a group of ministers, and the entire council of ministers.
• Censure motion is moved for censuring the council of ministers for specific policies and action and a no-confidence motion, on the other hand, is moved for ascertaining the confidence of Lok Sabha in the council of ministers.
• The council of ministers need not resign from the office if a censure motion is passed in the Lok Sabha while in case of motion of no confidence, the council of minister must resign from office if the motion is passed. Hence Statement 4 is correct.

The correct answer is 42nd Amendment.

Key Points

• The term "Secular" was added to the Preamble by Indira Gandhi Government in the 42nd amendment.
• Secular means the relationship between the government and the religious groups is defined by constitution and law.
• Under the 42nd Amendment Act, three words were added: Socialist, Secular, and Integrity.
• The Indian Constitution embodies the positive concept of secularism, all the religions in our country have the same status and support from the state.
• However, as the Supreme Court said in 1974, although the words ‘secular state’ was not explicitly mentioned in the Constitution, there can be no doubt that Constitution-makers wanted to establish such a state, and accordingly, Articles 25 to 28 (guaranteeing the fundamental right to freedom of religion) have been included in the constitution.
• On 18 December 1976, during the Emergency in India, the Indira Gandhi government pushed through several changes in the Forty-second Amendment of the constitution.
• Through this amendment, the words "socialist" and "secular" were added between the words "sovereign" and "democratic" and the words "unity of the Nation" were changed to "unity and integrity of the Nation".