UPSC IAS / IPS — MCQ Practice Questions & Answers

Question 1

Which of the following powers can be exercised by the President of India independently without the aid and advice of the Council of Ministers?

Accepted Answer

Correct answer: D. discretionary powers — # Presidential Powers Under the Indian Constitution The President of India has certain powers that can be exercised independently, while most executive powers require the aid and advice of the Council of Ministers as per Article 74. **Step 1: Understanding Constitutional Framework** Article 74 of the Indian Constitution mandates that the President shall exercise executive functions on the aid and advice of the Council of Ministers headed by the Prime Minister. However, Article 143 and other provisions recognize certain discretionary powers vested solely with the President. 	ext{Presidential Powers} = 	ext{Cabinet-advised Powers} + 	ext{Discretionary Powers} **Step 2: Analyzing Each Option** - **(A) Appointment of PM**: Must follow the principle that the PM commands majority in Lok Sabha—requires constitutional convention guidance. - **(B) Granting pardons/reprieves**: Exercised on advice of the Union Cabinet (Article 72). - **(C) Appointment of judges**: Made on advice of the Union Cabinet and Chief Justice of India (Article 124). - **(D)

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A. Appointment of Prime Minister

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B. Granting pardons and reprieves

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C. Appointment of judges of Supreme Court

Question 2

Consider the following regarding the Supreme Court of India: 1. It has original jurisdiction in cases between Union and States 2. It can issue writs in the nature of Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto 3. The Chief Justice of India is appointed by the Preside

Accepted Answer

Correct answer: C. 1, 2 and 4 — This question tests knowledge of the jurisdiction, powers, and appointment procedures of the Supreme Court of India as per the Constitution. Statement 1: Original jurisdiction in cases between Union and States - CORRECT Article 131 of the Indian Constitution grants the Supreme Court exclusive original jurisdiction in disputes between the Union and States, or between States themselves. This is a fundamental constitutional power. Statement 2: Power to issue writs (Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto) - CORRECT Article 32 of the Constitution empowers the Supreme Court to issue writs for enforcement of fundamental rights. These five writs—Habeas Corpus (against unlawful detention), Mandamus (to compel performance of duty), Prohibition (to restrain lower courts), Certiorari (to quash orders), and Quo Warranto (to challenge authority)—are all recognized writs that the Supreme Court can issue. Statement 3: Chief Justice appointed by President on recommendation of outgoing Chief Justice - INCORRECT The Chief Justice of India is appoi

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A. 1, 2 and 3

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B. 2, 3 and 4

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D. All of the above

Question 3

Which of the following statements regarding the President's emergency powers under Article 352 is INCORRECT?

Accepted Answer

Correct answer: D. National Emergency automatically suspends Fundamental Rights under Article 19 — This question tests knowledge of the President's emergency powers under Article 352 of the Indian Constitution, specifically regarding National Emergency declarations and their constitutional effects. Step 1: Analyze Statement A - Grounds for National Emergency Article 352 specifies that National Emergency can be declared only on three grounds: war, external aggression, or armed rebellion. This statement is CORRECT as it accurately reflects the constitutional provision. Step 2: Analyze Statement B - Presidential Authority Without Prior Approval The President can declare a National Emergency without seeking Parliament's prior approval—this is an executive prerogative. However, the declaration must be approved by Parliament within 2 months. This statement is CORRECT regarding the absence of prior approval requirement. Step 3: Analyze Statements C and D - Parliamentary Approval and Fundamental Rights Statement C is CORRECT: Once declared, National Emergency requires Parliament's approval w

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A. National Emergency can be declared only on grounds of war, external aggression, or armed rebellion

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B. The President can declare National Emergency without Parliament's prior approval

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C. Once declared, National Emergency requires Parliament's approval within 2 months

Question 4

Article 368 of the Constitution provides for the amendment procedure. Which part of the Constitution CANNOT be amended even by the prescribed amendment procedure?

Accepted Answer

Correct answer: B. The federal structure of the Constitution — This question asks about the constitutional limitations on the amendment procedure under Article 368 of the Indian Constitution. The Indian Constitution can be amended through Article 368, but the Supreme Court has established that certain fundamental features cannot be amended, even through the prescribed amendment procedure. This doctrine is known as the "Basic Structure Doctrine." In the landmark case Kesavananda Bharati v. State of Kerala (1973), the Supreme Court ruled that while Article 368 grants broad amendment powers, amendments cannot destroy or alter the basic structure of the Constitution. The federal structure—which divides powers between the Union and States and guarantees the autonomy of states—is considered a basic feature of the Constitution and cannot be amended away. In contrast, the Preamble (amended in 1976), the structure of the Supreme Court (modified several times), and Fundamental Duties (added in 1976 itself) have all been successfully amended, proving they are not part of the unamendable basic s

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A. The structure of the Supreme Court

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C. The Preamble

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D. Fundamental Duties

Question 5

Under the Emergency Provisions of the Indian Constitution, when a National Emergency is declared, which of the following provisions cannot be suspended?

Accepted Answer

Correct answer: A. Right to Life and Personal Liberty under Article 21 — Article 358 and 359 deal with suspension of Fundamental Rights during emergency. Article 21 (Right to Life and Personal Liberty) cannot be suspended even during National Emergency. Article 32 (Right to Constitutional Remedies) can be suspended. Articles 14-16 (equality rights) generally cannot be suspended. The President has power to suspend rights but Article 21 is protected.

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B. Right to Constitutional Remedies under Article 32

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C. Right to Equality under Article 14

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D. Right to Freedom of Expression under Article 19

Question 6

Which of the following Fundamental Rights cannot be suspended even during a National Emergency?

Accepted Answer

Correct answer: B. Only Article 20 and 21 — During National Emergency declared under Article 352, Articles 20 and 21 cannot be suspended (Article 358). Article 20 protects against ex post facto laws and double jeopardy. Article 21 protects life and personal liberty. Article 19 (freedoms) can be suspended during emergency. Article 14 (equality) is generally protected but Article 358 specifically carves out Articles 20-21.

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A. Articles 19, 20, and 21

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C. Only Article 21

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D. Articles 14, 20, and 21

Question 7

Under Article 15 of the Indian Constitution, the State is prohibited from discriminating on grounds of religion, race, caste, sex, or place of birth. Which of the following is CORRECTLY paired with its exception?

Accepted Answer

Correct answer: A. Sex discrimination - Nothing in Article 15 prevents laws relating to adoption and guardianship — Article 15(3) allows the State to make special provisions for women and children. Additionally, certain personal law matters related to adoption and guardianship are excluded from Article 15's purview. Option B is covered by Article 15(4) for backward classes, Option C is not permitted, and Option D is covered by Article 16(3) regarding employment.

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B. Caste discrimination - Special provisions for Scheduled Tribes in matters of forest rights

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C. Religion discrimination - State can give preference in educational institutions based on religion

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D. Place of birth - State cannot make laws reserving positions for its own residents

Question 8

Which of the following statements regarding the National Emergency (Article 352) is INCORRECT?

Accepted Answer

Correct answer: D. A National Emergency cannot be declared for more than three consecutive periods of six months each — The 44th Amendment Act (1978) limited the duration of National Emergency. A proclamation of National Emergency can be revoked and re-declared, but theoretically, there is no absolute constitutional limit on total duration if it is continuously approved by Parliament. Option A is correct per the 44th Amendment (written advice required). Option B is correct per Article 352(4). Option C is correct per Article 353. Option D is the incorrect statement as there is no such three-period limit mentioned in the Constitution.

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A. The President can declare National Emergency only on the written advice of the Prime Minister and the Council of Ministers

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B. A proclamation of National Emergency must be approved by both Houses of Parliament within 30 days

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C. During National Emergency, the President can assume all executive powers of the states

UPSC IAS / IPS - MCQ Practice Questions