Constitutional Framework — Practice Questions
UPSC Prelims-pattern practice questions on British-era Acts, the Constituent Assembly, the Preamble and sources of the Constitution, with explanations.
Questions
These are original UPSC-pattern practice questions. Attempt each one before revealing the answer.
With reference to the Objectives Resolution, consider the following statements:
- It was moved by Jawaharlal Nehru in the Constituent Assembly on 13 December 1946.
- It was adopted by the Constituent Assembly after India became independent on 15 August 1947.
- Its ideas were later reflected in the Preamble.
Which of the statements given above is/are correct?
Solution
Statement 1 is correct — Nehru moved it on 13 December 1946. Statement 2 is incorrect — it was adopted on 22 January 1947, before Independence. Statement 3 is correct — the Preamble rests on the Objectives Resolution.
Answer: A
Which of the following Acts first introduced a system of separate electorates for Muslims in British India?
Solution
The Indian Councils Act, 1909 (Morley–Minto Reforms) introduced separate electorates for Muslims. The 1919 Act extended the principle to Sikhs, Indian Christians, Anglo-Indians and Europeans; the 1935 Act extended it further. The 1892 Act had no such provision.
Answer: B
How many of the following provisions came into force on 26 November 1949 itself, rather than on 26 January 1950?
- Citizenship
- Elections
- Provisional Parliament
- Fundamental Rights
Solution
Article 394 lists the provisions in force from 26 November 1949: citizenship, elections, provisional Parliament, temporary and transitional provisions, and the short title. Fundamental Rights commenced with the rest of the Constitution on 26 January 1950. So three.
Answer: C
Consider the following pairs:
| Feature of the Indian Constitution | Source |
|---|---|
| 1. Concurrent List | Australia |
| 2. Fundamental Duties | USSR |
| 3. Procedure established by law | Japan |
| 4. Suspension of Fundamental Rights during emergency | Weimar Germany |
How many of the pairs given above are correctly matched?
Solution
All four are correct. The common trap is to attribute Fundamental Duties to Ireland — Ireland gave the Directive Principles, the USSR gave the Fundamental Duties.
Answer: D
Who presided over the first meeting of the Constituent Assembly on 9 December 1946 as its temporary President?
Solution
Dr Sachchidananda Sinha, the oldest member, was the temporary President. Dr Rajendra Prasad was elected permanent President on 11 December 1946. H.C. Mukherjee was a Vice-President; B.N. Rau was the constitutional adviser.
Answer: B
Mains
“The Government of India Act, 1935 provided the skeleton, but the Constituent Assembly gave it a soul.” Discuss.
Solution
Introduction: The Government of India Act, 1935 was the most detailed colonial constitutional law for India. A large part of the Constitution’s structural framework was adapted from it.
Body:
- What was borrowed: federal scheme and three lists; office of Governor; Federal Court as the model for the Supreme Court; Public Service Commissions; emergency provisions; administrative details.
- What was new:
- Sovereignty of the people — “We, the people of India”.
- Universal adult franchise in place of a property-based franchise.
- Justiciable Fundamental Rights and the Directive Principles.
- A republic with an elected head of State; an independent judiciary with judicial review.
- Safeguards for SCs, STs and minorities without separate electorates.
- Changed spirit: the 1935 Act served colonial control (Governor’s discretion, special responsibilities); the Constitution aimed at a social revolution.
Conclusion: Continuity in structure gave administrative stability, while the Assembly’s values transformed a colonial instrument into a democratic charter.