Q 85. PREAMBLE, FRS, FDS, DPSPS
Q85. Consider the following pairs:
Provision in the Constitution of India — Stated under
I. Separation of Judiciary from the Executive in the public services of the State : The Directive Principles of the State Policy
II. Valuing and preserving of the rich heritage of our composite culture : The Fundamental Duties
III. Prohibition of employment of children below the age of 14 years in factories : The Fundamental Rights
How many of the above pairs are correctly matched?
II. Valuing and preserving of the rich heritage of our composite culture: This is part of the Fundamental Duties. Article 51A(f) of the Constitution states that it is the duty of every citizen to value and preserve the rich heritage of our composite culture.
III. Prohibition of employment of children below the age of 14 years in factories: This is covered under Fundamental Rights. Article 24 of the Constitution prohibits the employment of children below the age of 14 years in factories, mines, or any other hazardous employment.
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A Writ of Prohibition is an order issued by the Supreme Court or High Courts to :
- Statement (a) is incorrect: A writ of prohibition is not issued to a government officer.
- Statement (b) is incorrect: A writ of prohibition is not issued to the Parliament or Legislative Assembly.
- Statement (c) is correct: A writ of prohibition is an order issued by the Supreme Court or High Courts to a lower court prohibiting the continuation of proceedings in a case that is beyond its jurisdiction.
- Statement (d) is incorrect: A writ of prohibition is not issued to the government.
- A writ of prohibition is a judicial order restraining a lower court from exceeding its jurisdiction or from acting contrary to the rules of natural justice. It is a preventive measure to ensure legal proceedings remain within the bounds of the law.
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Under which of the following Articles of the Constitution of India, has the Supreme Court of India placed the Right to Privacy?
- Statement a is incorrect: Article 15 prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.
- Statement b is incorrect: Article 16 deals with equality of opportunity in matters of public employment.
- Statement c is incorrect: Article 19 guarantees the six freedoms.
- Statement d is correct: The Supreme Court has placed the Right to Privacy under Article 21, which deals with the protection of life and personal liberty.
- In the landmark case of Justice K.S. Puttaswamy (Retd.) vs. Union of India, the Supreme Court of India recognized the Right to Privacy as a fundamental right under Article 21 of the Constitution.
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In essence, what does 'Due Process of Law' mean?
- The correct answer is option C, i.e. Fair application of law. 'Due Process of Law' refers to the fair and just application of legal procedures and protections in the legal system. This includes ensuring that individuals are treated fairly, have access to legal remedies, and are not subjected to arbitrary actions by the government or other entities.
- The difference between "procedure established by law" and "due process of law" lies in the fact that the former pertains solely to judicial review of executive decisions for fairness, while the latter encompasses scrutiny not only of executive decisions but also of legislative laws for their fairness.
- Possible Dispute: As per Vision IAS, answer is (a). Due Process of Law ensures that the procedure used to make a law is fair and rational. Natural justice is a requirement of fairness in the legal process.
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Consider the following statements:
Statement-I: The Supreme Court of India has held in some judgements that the reservation policies made under Article 16(4) of the Constitution of India would be limited by Article 335 for maintenance of efficiency of the administration.
Statement-II: Article 335 of the Constitution of India defines the term 'efficiency of administration'.
Which one of the following is correct in respect of the above statements?
- Statement I is correct: Reservation contradicts efficiency and merit, it is a view supported by some Supreme Court judgments. The Supreme Court, in certain cases, interpreted Article 335 to suggest that the "efficiency of administration" clause limits reservation under Article 16(4).
- Statement II is incorrect: Article 335 of the Constitution of India does not define the term 'efficiency of administration.' Instead, it lays down a guideline that the claims of Scheduled Castes (SCs) and Scheduled Tribes (STs) in matters of promotion should be balanced with the maintenance of efficiency of administration.
- Scope of Elimination: Constitution defines something, such statements are mostly wrong. Eliminate statement II, and you’ll arrive at the answer.
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With reference to the writs issued by the Courts in India, consider the following statements:
1. Mandamus will not lie against a private organization unless it is entrusted with a public duty.
2. Mandamus will not lie against a Company even though it may be a Government Company.
3. Any public minded person can be a petitioner to move the Court to obtain the writ of Quo Warranto.
Which of the statements given above are correct?
Approach:
- Writs, Article 32 and constitutional remedies are favourite topic of UPSC.
- Mandamus was directly asked in 1985.
- Every year UPSC asks one liner questions in Prelims, which they have already asked in Mains. Eg. In mains, they have asked many times about writs. Here are some Mains Questions:
o Define Writ of Mandamus. Explain its importance. (1990/3 marks)
o The writ of Mandamus will not be granted against Certain persons. Who are they? (1992/3 marks)
o What are the various writs available to the citizens of India? (1993/3 marks)
o Why is Article 32 considered as the cornerstone of the Constitution? (1995/3 marks)
o The Writ of Mandamus cannot be granted against Certain persons. Who are they? (1996/3 marks)
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Which one of the following best defines the term ‘State’?
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‘Right to privacy’ is protected under which Article of the Constitution of India?
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Under the Indian Constitution, concentration of wealth violates
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What is the position of the Right to Property in India?
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With reference to India, consider the following statements:
1. There is only one citizenship and one domicile.
2. A citizen by birth only can become the Head of State.
3. A foreigner once granted citizenship cannot be deprived of it under any circumstances.
Which of the statements given above is/are correct?
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A legislation which confers on the executive or administrative authority an unguided and uncontrolled discretionary power in the matter of application of law violates one of the following Articles of the Constitution of India?
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What was the exact constitutional status of India on 26th January, 1950?
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The Preamble to the Constitution of India is
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Which one of the following categories of Fundamental Rights incorporates protection against untouchability as a form of discrimination?
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In India, separation of judiciary from the executive is enjoined by
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Other than the Fundamental Rights, which of the following parts of the Constitution of India reflect/reflects the principles and provisions of the Universal Declaration of Human Rights (1948)?
1. Preamble
2. Directive Principles of State Policy
3. Fundamental Duties
Select the correct answer using the code given below:
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Which part of the Constitution of India declares the ideal of Welfare state?
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With reference to the provisions contained in Part IV of the Constitution of India, which of the following statements is/are correct?
1. They shall be enforceable by courts
2. They shall not be enforceable by any court
3. The principles laid down in this part are to influence the making of laws by the state
Select the correct answer using the code given below:
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Which Article of the Constitution of India safeguards one’s right to marry the person of one’s choice?
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Right to Privacy is protected as an intrinsic part of Right to Life and Personal Liberty. Which of the following in the Constitution of India correctly and appropriately imply the above statement?
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The mind of the makers of the Constitution of India is reflected in which of the following?
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Which one of the following objectives is not embodied in the Preamble to the Constitution of India?
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Right to vote and to be elected in India is a
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Which of the following are envisaged by the Right against Exploitation in the Constitution of India?
1. Prohibition of traffic in human beings and forced labor
2. Abolition of untouchability
3. Protection of the interests of minorities
4. Prohibition of employment of children in factories and mines
Select the correct answer using the code given below:
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One of the implications of equality in society is the absence of.
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Which principle among the following was added to the Directive Principles of State Policy by the 42nd Amendment to the Constitution?
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Which one of the following statements is correct?
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Consider the following statements:
With reference to the Constitution of India, the Directive Principles of State Policy constitute limitations upon
1. legislative function.
2. executive function.
Which of the above statements is/are correct?
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Which of the following statements is/are true of the Fundamental Duties of an Indian citizen?
1. A legislative process has been provided to enforce these duties.
2. They are correlative to legal duties.
Select the correct answer using the code given below:
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In the context of India, which one of the following is the correct relationship between Rights and Duties?
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“To uphold and protect the Sovereignty, Unity and Integrity of India” is a provision made in the
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The ideal of ‘Welfare State’ in the Indian Constitution is enshrined in its
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Consider the following statements regarding the Directive Principles of State Policy:
1. The Principles spell out the socio-economic democracy in the country.
2. The provisions contained in these Principles are not enforceable by any court.
Which of the statements given above is/are correct?
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In the Constitution of India, promotion of international peace and security is included in the
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‘Economic Justice’ as one of the objectives of the Indian Constitution has been provided in
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According to the Constitution of India, which of the following are fundamental for the governance of the country?
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Which of the following provisions of the Constitution of India have a bearing on Education?
1. Directive Principles of State Policy
2. Rural and Urban Local Bodies
3. Fifth Schedule
4. Sixth Schedule
5. Seventh Schedule
Select the correct answer using the codes given below:
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Consider the following provisions under the Directive Principles of State Policy as enshrined in the Constitution of India:
1. Securing for citizens of India a uniform civil code.
2. Organizing village Panchayats
3. Promoting cottage industries in rural areas
4. Securing for all the workers reasonable leisure and cultural opportunities
Which of the above are the Gandhian Principles that are reflected in the Directive Principles of State Policy?
● The Constitution does not contain any classification of Directive Principles.
● But on the basis of their content and direction, they can be classified into three categories: Socialistic, Gandhian and liberal-intellectual.
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Which of the following is/are among the Fundamental Duties of citizens laid down in the Indian Constitution?
1. To preserve the rich heritage of our composite culture
2. To protect the weaker sections from social injustice
3. To develop the scientific temper and spirit of inquiry
4. To strive towards excellence in all spheres of individual and collective activity
Select the correct answer using the codes given below:
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In India, if a religious sect/community is given the status of national minority, what special advantages is it 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?
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Under the Constitution of India, which one of the following is not a fundamental duty?
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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”?
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With reference to the Constitution of India, consider the following:
1. Fundamental Rights
2. Fundamental Duties
3. Directive Principles of State Policy
Which of the above provisions of the Constitution of India is/are fulfilled by the National Social Assistance Programme launched by the Government of India?
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Which of the following is/are included in the Directive Principles of State Policy?
1. Prohibition of traffic in human beings and forced labor
2. Prohibition of consumption except for medicinal purposes of intoxicating drinks and of other drugs which are injurious to health
Select the correct answer using the code given below:
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Which one of the following is the correct chronological order of the formation of the following as full States of the Indian Union?
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Which one of the following pairs is not correctly matched?
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Consider the following statements:
1. Free and compulsory education to the children of 6-14 years age groups by the State was made a Fundamental Right by the 76th 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 42nd Amendment, 1976 to the Constitution of India.
Which of the statements given above are correct?
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Consider the following statements:
1. There is no provision in the Constitution of India to encourage equal pay for equal work for both men and women.
2. The Constitution of India does not define backward classes.
Which of the statements given above is/are correct?
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Consider the following statements:
1. The Constitution of India has 20 parts.
2. There are 390 Articles in the Constitution of India in all.
3. Ninth, Tenth, Eleventh and Twelfth Schedules were added to the Constitution of India by the Constitution (Amendment) Acts.
Which of the statements given above is/are correct?
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Consider the following statements:
1. Articles 371 A to 371 I were inserted in the Constitution of India to meet regional demands of Nagaland, Assam, Manipur, Andhra Pradesh, Sikkim, Mizoram, Arunachal Pradesh and Goa.
2. Constitutions of India and the United States of America envisages a dual policy (The Union and the States) but a single citizenship.
3. A naturalized citizen of India can never be deprived of his citizenship.
Which of the statements given above is/are correct?
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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 Constitution of India by the Congress Government at the Centre by the 44th Constitutional Amendment.
Which of the statements given above is/are correct?
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Which Article of the Constitution of India says, ‘No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment?
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Match List-I (Articles of the Constitution of India) with List-II (Provision) and select the correct answer using the codes given below the Lists:
List-I
A. Article 14
B. Article 15
C. Article 16
D. Article 17
List-II
1. The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them
2. The State shall not deny to any person equality before the law or the equal protection of laws within the territory of India
3. ‘Untouchability’ is abolished and its practice in any form is forbidden
4. There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State
Codes:
A B C D
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Match List-I (Item in the Indian Constitution) with List-II (Country from which it was derived) and select the correct answer using the codes given below the Lists:
List-I (Item in the Indian Constitution)
A. Directive Principles of State Policy
B. Fundamental Rights
C. Concurrent List in Union-State Relations
D. India as a Union of States with greater powers to the Union
List-II (Country from which it was derived)
1. Australia
2. Canada
3. Ireland
4. United Kingdom
5. United States of America
Codes:
A B C D
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Consider the following statements about the minorities in India:
1. The Government of India has notified five communities, namely, Muslims, Sikhs, Christians, Buddhists and Zoroastrians as Minorities
2. The National Commission for Minorities was given statutory status in 1993
3. The smallest religious minority in India are the Zoroastrians
4. The Constitution of India recognizes and protects religious and linguistic minorities
Which of these statements are correct?
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Which Article of the Constitution provides that it shall be the endeavor of every state to provide adequate facility of instruction in mother tongue at the primary stage of education?
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In the Indian Constitution, the Right to Equality is granted by five Articles. They are
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The purpose of the inclusion of Directive Principles of State Policy in the Indian Constitution is to establish
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Match List-I (Articles of Indian Constitution) with List-II (Provisions) and select the correct answer using the codes given below the lists:
List-I (Articles of Indian Constitution)
A. Article 16 (2)
B. Article 29 (2)
C. Article 30 (1)
D. Article 31 (1)
List-II (Provisions)
1. No person shall be deprived of his property save by the authority of law
2. No person can be discriminated against in the matter of public appointment on the ground of race, religion or caste
3. All minorities whether based on religion or language shall have the fundamental right to establish and administer educational institutions of their choice
4. No citizen shall be denied admission into any educational institution maintained by the State, or receiving State aid, on grounds of religion, race, caste, language or any of them
Codes:
A B C D
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Which one of the following Articles of the Directive Principles of State Policy deals with the promotion of international peace and security?
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Which one of the following rights was described by Dr B R Ambedkar as the heart and soul of the Constitution?
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Which one of the following statements is incorrect?
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The Constitution of India recognizes
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In the following quotation,
“WE THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a Sovereign Socialist Secular Democratic Republic and to secure to all its citizens:
JUSTICE, social, economic and political; LIBERTY of thought, expression, belief faith and worship; EQUALITY of status and of opportunity: and to promote among them all; FRATERNITY assuring the dignity of the individual and the unity and the integrity of the Nation.
In our Constituent Assembly this ‘X’ do hereby adopt, enact and give to ourselves this Constitution.”, ‘X’ stands for:
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If the Prime Minister of India belonged to the Upper House of Parliament:
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Given below are two statements, one labelled as Assertion (A) and the other labelled as Reason (R):
1. Assertion (A): The word minority is not defined in the Constitution of India.
2. Reason (R): The Minorities Commission is not a constitutional body.
In the context of the above two statements, which one of the following is correct?
- Both statements are correct but do not explain the assertion.
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Freedom of the Press in India
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The basic structure theory of the Constitution of India implies that
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Which one of the following is in the Concurrent List in the Constitution of India?
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Match List I with List II and select the correct answer by using the codes given below the lists:
List I (Features of the Indian Constitution)
I. Fundamental Rights
II. Parliamentary system of Government
III. Emergency provisions
IV. Directive Principles of State Policy
List II (Borrowed from)
(A) U.K.
(B) U.S.A.
(C) Ireland
(D) German Reich
(E) Canada
Codes:
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The Anti-Defection Law was enacted as early as 1979 in
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The Swaran Singh Committee considered the Q of
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Which one of the following is not in the State List under the Constitution of India?
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The right to Freedom of Speech in India may be restricted, if the freedom is used to
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‘Economic Justice’, as one of the objectives of the Indian Constitution, has been provided in the
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The Directive Principles of State Policy have been given precedence over Fundamental Rights in the Constitutional Amendment
- The 42nd Amendment Act accorded the position of legal primacy to the Directive Principles over the Fundamental Rights conferred by Articles 14, 19 and 31.
- The 42nd Constitutional Amendment Act extended the scope of the Article 31C by including within its protection any law to implement any of the Directive Principles and not merely those specified in Articles 39 (b) and 39 (c).
- In the Minerva Mills case in 1980, the Supreme Court declared this extension as unconstitutional and invalid.
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Which of the following States has ‘Urdu’ as its official language?
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Constitution does not recognise the caste system because
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The original structure of the Indian Constitution cannot be changed”. In which of the following cases, Supreme Court of India gave this verdict?
- In the Kesavananda Bharti case, the supreme court stated thatThe original structure of the Indian Constitution cannot be changed
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Mandamus means
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Which one of the following is part of Preamble of the Constitution of India?
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Mandal Commission report pertains to other
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The concept of welfare state is included in the Constitution of India in
- The concept of welfare state is included in the Constitution of India in Directive Principles of State Policy
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To uphold and protect the sovereignty, unity and integrity of India, a provision has been made in the
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Directive Principles of State Policy are included in which part of the Indian Constitution?
- Directive Principles of State Policy are contained in Part IV of the Indian Constitution.
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Which one of the following is not a Fundamental Right?
- 44th Amendment of the Constitution speaks of - Right to property as no longer a Fundamental Right.
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Directive Principles of State Policy are contained in
- Directive Principles of State Policy are contained in Part IV of the Indian Constitution.
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What does secularism mean?
- The word secular refers to the freedom of religion and worship to all citizens
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Which of the following is not a Fundamental Right?
- 44th Amendment of the Constitution speaks of - Right to property as no longer a Fundamental Right.
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By which Amendment to the Constitution, the Fundamental Duties of the citizens were specified?
- Fundamental Duties were added in the Constitution by the 42nd Amendment Act of 1976.
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The word “secular” denotes
- The word secular refers to the freedom of religion and worship to all citizens
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Liberty, Equality and Fraternity, this inspiration was derived from
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The word ‘secular’ denotes
- The word secular refers to the freedom of religion and worship to all citizens
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Which of the following is not included in Fundamental Rights in the Constitution of India?
Note: This question needs modification since both Right to Property and Right to vote are not Fundamental Rights.
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Which of the following is not included in the list of Fundamental Duties in the Constitution?
- The word secular is included in the Preamble of the Indian Constitution. It is used nowhere in the Constitution except the Preamble.
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Which of the following is contained in the Concurrent List?
- The Concurrent List contains the subject Education.
Note: This question needs modification since both the Forests and Education are included in the Concurrent List by the 42nd Amendment Act, 1976.