UPSC IAS / IPS — MCQ Practice Questions & Answers

Question 1

Which amendment to the Indian Constitution expanded the scope of Fundamental Rights by adding new rights and made significant changes to the amendment procedure?

Accepted Answer

Correct answer: B. 42nd Amendment (1976) — # Solution: The 42nd Amendment and Constitutional Changes The 42nd Amendment, passed during the Emergency period, fundamentally restructured the Indian Constitution by expanding certain rights while simultaneously restricting others and making the amendment procedure more rigid. **Step 1: Understanding the 42nd Amendment (1976)** Passed during Indira Gandhi's Emergency (1975-1977), this amendment made sweeping changes to the Constitution's structure. It is often called the "Mini-Constitution" because it altered the basic framework of Indian democracy more extensively than any other amendment. **Step 2: Key Changes to Fundamental Rights and Amendment Procedure** The 42nd Amendment added new Directive Principles of State Policy (environmental protection, public property protection), restricted some Fundamental Rights, and crucially made amendments to Part III (Fundamental Rights), Part IV (Directive Principles), and the amendment procedure itself much more difficult by requiring a supermajority rather than simple parliamentary majority. This e

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A. 1st Amendment (1951)

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C. 44th Amendment (1978)

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D. 52nd Amendment (1985)

Question 2

The Supreme Court of India can exercise original jurisdiction in which of the following cases?

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Correct answer: D. Both A and C — Article 131 grants the Supreme Court original jurisdiction in disputes between Union and states or between states. Article 32 provides original jurisdiction for enforcing constitutional rights. Article 138 extends original jurisdiction to matters of public importance involving interpretation of the Constitution. The Supreme Court's original jurisdiction is limited and mainly covers federal disputes and constitutional matters, not general civil/criminal cases.

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A. Cases between the Union and states, and between two or more states

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B. All civil and criminal cases involving citizens

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C. Cases involving interpretation of the Constitution and federal disputes

Question 3

The President of India can dismiss the Prime Minister under which constitutional provision?

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Correct answer: D. The President has no power to dismiss the PM directly — The President cannot directly dismiss the Prime Minister. Article 75(5) provides that the PM holds office during the pleasure of the President, but this is a formal provision. Practically, the PM must command confidence of Lok Sabha majority (Article 75). If the PM loses this confidence, they resign or face a no-confidence motion. The President cannot arbitrarily dismiss the PM—this is a fundamental principle of parliamentary democracy. The President acts on advice of the Council of Ministers (Article 74).

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A. Article 75: When the PM ceases to command the confidence of Lok Sabha

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B. Article 74: As an executive decision by the President

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C. Article 356: During a national emergency

Question 4

Under Article 368, which amendments require ratification by state legislatures?

Accepted Answer

Correct answer: A. Amendments affecting the federal structure and powers of state legislatures — Article 368(3) requires that amendments affecting the division of powers between Union and states, and amendments altering the provisions regarding representation of states in Parliament, must be ratified by at least half of the state legislatures in addition to parliamentary approval. This protects federalism. For example, amendments to Article 1 (territory of India) and Articles 245-255 (distribution of legislative powers) require state ratification.

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B. All amendments to the Constitution

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C. Amendments relating only to Fundamental Rights

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D. Amendments requiring special majority in Parliament only

Question 5

Which of the following statements about the President's power of pardon under Article 72 is incorrect?

Accepted Answer

Correct answer: D. The President's pardoning power extends to cases involving death sentences imposed by all courts — Article 72 grants the President power to pardon, reprieve, respite, and remit sentences in three categories: (1) offences against Union law, (2) sentences imposed by court-martial, and (3) sentences of death. However, the President can only exercise this on the advice of the Council of Ministers. The President cannot pardon offences against state laws or grant pardon in impeachment cases. The power applies to cases where conviction is under Union law specifically.

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A. The President can grant pardon only on advice of the Council of Ministers

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B. Pardons can be granted in cases of crimes against Union law

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C. The President can pardon, reprieve, respite and remit sentences

Question 6

In case of a conflict between a Fundamental Right and a Directive Principle of State Policy, which takes precedence according to the Constitution?

Accepted Answer

Correct answer: A. Fundamental Rights always take precedence — Article 37 states that nothing in the DPSP shall be enforceable by any court, while Article 13 makes laws violating Fundamental Rights void. However, the Supreme Court has evolved the doctrine of 'harmonious construction,' attempting to balance both. In landmark cases like Kesavananda Bharati (1973), the Court established that Fundamental Rights cannot be completely overridden, but DPSP can limit their scope. Each case is examined individually for constitutional validity.

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B. Directive Principles always take precedence

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C. Both have equal precedence

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D. The matter is decided by the Supreme Court on case-by-case basis

Question 7

The President's power to grant pardons, reprieves, respites, and remissions under Article 72 is subject to which limitation?

Accepted Answer

Correct answer: B. It cannot be exercised in cases of impeachment — Article 72 grants the President the power to grant pardons, reprieves, respites, and remissions. However, the article specifically provides that this power 'shall not extend to the punishment prescribed for an offense by the law of, or made by authority under, a law of, a State.' More importantly, Article 72(1)(c) states that the power shall not extend to cases where the punishment is by way of impeachment by Parliament. The President exercises this power on the advice of the Cabinet/Prime Minister.

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A. It can only be exercised on the advice of the Prime Minister

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C. It cannot be exercised in cases of conviction for offenses against the State

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D. It can be exercised only after consulting the Chief Justice of India

Question 8

The 42nd Amendment, often called the 'Mini Constitution', made several changes. Which article was NOT directly modified by this amendment?

Accepted Answer

Correct answer: C. Article 21 (Right to Life) — The 42nd Amendment (1976) significantly modified the Preamble, added Article 39A, and amended Article 368. However, Article 21 was NOT directly modified by the 42nd Amendment. The expansion of Article 21 to include right to life with dignity came through judicial interpretation, particularly in later judgments like Maneka Gandhi v. Union of India (1978).

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A. Preamble (adding 'Secular' and 'Socialist')

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B. Article 39A (free legal aid)

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D. Article 368 (amendment procedure)

UPSC IAS / IPS - MCQ Practice Questions