UPSC Personality Test: Optional Subject, Questions from Board Members

Must?Know

• Article 31C – immunity from judicial review for laws implementing Directive Principles under Articles 39(b) and (c); expanded in Minerva Mills (1980) to uphold balance between Fundamental Rights and DPSP.
• Dr. B.R. Ambedkar chaired the Drafting Committee of the Constituent Assembly; presented the final draft of the Constitution on November 4, 1948.
• The 42nd Amendment (1976) added "Socialist", "Secular", and "Integrity" to the Preamble during the Emergency under Indira Gandhi.
• The Sarkaria Commission (1983) examined Centre-State relations and recommended that Article 356 should be used only as a last resort.
• The Punchhi Commission (2010) reviewed Centre-State relations post-liberalization and suggested creation of Inter-State Council as a standing body.
• The 73rd and 74th Amendments (1992) institutionalized Panchayati Raj and Urban Local Bodies with constitutional status under Part IX and IX-A.
• The Tenth Schedule (1985) – anti-defection law introduced via 52nd Amendment; modified by the 91st Amendment (2003) limiting split provisions.
• The Supreme Court in I.R. Coelho case (2007) ruled that laws placed in the Ninth Schedule are open to judicial review if they violate basic structure.
• The 97th Amendment (2011) introduced Part IX-B for co-operative societies; partially struck down in Rajendra N. Shah case (2013) for violating federal structure.
• The Governor’s discretionary powers are not explicitly mentioned in the Constitution but derived from Article 163; used in cases like reservation of bills for President’s consideration.
• The Comptroller and Auditor General (CAG) audits all expenditures from the Consolidated Fund of India; role highlighted during 2G spectrum controversy (2010–11).
• The National Development Council (NDC) was established in 1952 to strengthen and mobilize national efforts in support of Five-Year Plans; dissolved in 2014 with NITI Aayog’s formation.
• The Finance Commission (Article 280) is constituted every five years; 15th Finance Commission (2020–25) used 2011 census data with 10% weightage for demographic performance.
• The Delimitation Commission Act allows redrawing of parliamentary and assembly constituencies; based on 2001 census till 2026 due to 84th Amendment freeze.
• The Representation of the People Act, 1951 – governs elections; Section 8 disqualifies persons convicted with imprisonment of two years or more.
• The Supreme Court in Lily Thomas v. Union of India (2013) ruled that conviction leading to disqualification takes immediate effect, invalidating the 2003 amendment.
• The Doctrine of Pleasure in Article 310 is subject to constitutional safeguards; applied in civil services, but not absolute due to Article 311.
• The National Emergency under Article 352 was proclaimed in 1962 (China war), 1971 (Pakistan war), and 1975 (internal disturbance).
• The President can promulgate ordinances under Article 123 when Parliament is not in session; subject to judicial review as per S.R. Bommai case (1994).
• The Supreme Court in Kesavananda Bharati case (1973) established the "basic structure" doctrine, limiting Parliament’s amending power under Article 368.
• The 101st Constitutional Amendment (2016) introduced GST, implemented from July 1, 2017; based on dual model with CGST and SGST.
• The Inter-State Council was established in 1990 under Article 263 on recommendation of Sarkaria Commission; chaired by Prime Minister.
• The Attorney General of India is appointed under Article 76; right to speak in Parliament but no voting rights; resigns when government changes.
• The 91st Amendment (2003) limited the size of Council of Ministers to 15% of total strength of Lok Sabha/Assembly; response to frequent defections and instability.

Difficulty Level

Intermediate – questions are fact-based but require precise knowledge of constitutional provisions, amendments, and judicial interpretations frequently tested in interviews.

Common UPSC Traps

Trap: The 42nd Amendment is called the "Mini Constitution" because it added Fundamental Duties – Fact: It is called Mini Constitution due to sweeping changes including supremacy of Parliament, curtailment of judicial review, and addition of Socialist, Secular, and Integrity to Preamble (Minerva Mills case critique).
Trap: The Governor appoints the Chief Minister in all cases – Fact: Governor appoints the leader of the majority party/coalition; in case of hung assembly, uses discretion based on ability to prove majority on floor (S.R. Bommai case).
Trap: The Comptroller and Auditor General (CAG) controls government expenditure – Fact: CAG audits expenditure after it occurs; Parliament controls through appropriation and finance acts; CAG has no executive control.
Trap: The National Emergency under Article 352 automatically suspends Fundamental Rights – Fact: Only Article 19 is automatically suspended; Articles 20 and 21 cannot be suspended even during Emergency (44th Amendment, 1978).
Trap: The Finance Commission recommends tax devolution only to states – Fact: It also recommends principles for grants-in-aid to states from Consolidated Fund of India under Article 275.

Practice MCQs

Question: Which of the following constitutional amendments is/are correctly matched with their provisions?

1. 52nd Amendment – Anti-defection law

2. 73rd Amendment – Constitutional status to Municipalities

3. 97th Amendment – Cooperative societies
A) 1 and 2 only
B) 1 and 3 only
C) 3 only
D) 1, 2 and 3
Answer: B
Explanation: The 73rd Amendment pertains to Panchayats; Municipalities are covered under 74th Amendment. 52nd Amendment introduced Tenth Schedule (anti-defection), and 97th Amendment introduced Part IX-B for cooperatives.
Why others fail: Option D is tempting because both 73rd and 74th Amendments were passed together in 1992, leading to confusion between Panchayats and Municipalities.

Question: The 'Doctrine of Basic Structure' was propounded by the Supreme Court in which case?
A) Golaknath v. State of Punjab (1967)
B) Kesavananda Bharati v. State of Kerala (1973)
C) Minerva Mills v. Union of India (1980)
D) S.R. Bommai v. Union of India (1994)
Answer: B
Explanation: Kesavananda Bharati (1973) established that Parliament cannot amend the basic structure of the Constitution.
Why others fail: Golaknath ruled that Fundamental Rights cannot be amended, but was overruled in Kesavananda; Minerva Mills reinforced basic structure but did not originate it.

Question: Which of the following is NOT a recommendation of the Sarkaria Commission?
A) Governor should be an eminent person from outside the state
B) Inter-State Council should be a permanent body
C) President should consult Chief Minister before appointing Governor
D) Use of Article 356 only in extreme cases
Answer: C
Explanation: Sarkaria Commission recommended consultation with Chief Minister, but it is not binding; the President is not constitutionally required to do so.
Why others fail: Option C appears logical due to federal spirit, but the Commission only suggested it as a convention, not a rule.

Question: The 91st Constitutional Amendment Act is primarily associated with:
A) Limiting the size of the Council of Ministers
B) Establishing the National Judicial Appointments Commission
C) Introducing the Goods and Services Tax
D) Strengthening the anti-defection law by removing split provision
Answer: A
Explanation: The 91st Amendment capped the Council of Ministers at 15% of legislative strength and removed the split provision from the Tenth Schedule.
Why others fail: Option D is tempting because the amendment did remove splits, but the primary objective was curbing ministerial expansion and political instability.

Question: Who among the following has the authority to initiate the process of constitutional amendment under Article 368?
A) President
B) Prime Minister
C) Parliament
D) Supreme Court
Answer: C
Explanation: Only Parliament can initiate constitutional amendments by introducing a bill; President’s role is ceremonial upon passage.
Why others fail: Option A is tempting because President gives assent, but cannot initiate the amendment process.

Last?Minute Revision

• 1935: Government of India Act formed basis of several constitutional provisions.
• 1946: Constituent Assembly formed under Cabinet Mission Plan.
• 1949: Constitution adopted on November 26.
• 1950: Constitution came into force on January 26.
• 1973: Kesavananda Bharati case – basic structure doctrine.
• 1975: Emergency declared under Article 352 on grounds of internal disturbance.
• 1978: 44th Amendment – barred suspension of Article 21 during Emergency.
• 1980: Minerva Mills case – expanded basic structure to include balance between FR and DPSP.
• 1983: Sarkaria Commission established.
• 1992: 73rd and 74th Amendments passed.
• 2000: National Human Rights Commission established under Protection of Human Rights Act, 1993.
• 2005: Right to Information Act enacted.
• 2010: CAG report on 2G spectrum highlighted procedural violations.
• 2013: Lily Thomas case – disqualification on conviction is immediate.
• 2013: Shah Bano case not correct – it was 1985; led to Muslim Women (Protection of Rights on Divorce) Act, 1986.
• 2017: GST implemented from July 1.
• 2026: Freeze on delimitation extended till 2026 via 84th and 87th Amendments.
• Ninth Schedule: Laws immune from FR review until I.R. Coelho (2007) ruling.
• Article 312: Creation of All India Services requires Rajya Sabha resolution.
• Article 164: In some states, a minister can be outside legislature for six months.
• Article 123: Ordinance power is not a parallel legislature; subject to judicial review.
• Article 21: Includes right to privacy (Justice K.S. Puttaswamy case, 2017).
• 101st Amendment: Requires ratification by at least half the states for GST Council decisions.
• Punchhi Commission: Recommended review of President’s Rule within one year.
• 97th Amendment: Supreme Court upheld state’s power to legislate on cooperatives.