UPSC Polity Practice Questions
Target: Mission Prelims 2027
Updated:
Difficulty
Medium
Skill Tested
Conceptual Clarity
Topic Clusters
Examine the logical coherence between the following constitutional origins and judicial outcomes:
1. Evidence 1: A.V. Dicey's formulation of the 'Rule of Law' demands the absolute supremacy of ordinary law over arbitrary, wide discretionary executive power. Inference 1: Therefore, the concept of 'equality before law' in the Indian Constitution is heavily drawn from British Common Law traditions rather than American jurisprudence.
2. Evidence 2: In the Indira Nehru Gandhi v. Raj Narain case, the Supreme Court struck down a constitutional amendment that attempted to place the Prime Minister's election beyond judicial scrutiny. Inference 2: Consequently, the Court established that the Rule of Law is an indestructible 'basic feature' of the Indian Constitution.
3. Evidence 3: The Rule of Law inherently signifies the equal subjection of all citizens, regardless of rank, to the ordinary laws of the land. Inference 3: Thus, the Indian Constitution explicitly prohibits granting any form of criminal immunity to the President or State Governors.
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Correct Option: A
The 'Rule of Law' is a foundational legal doctrine propounded by British jurist A.V. Dicey. It dictates the absolute absence of arbitrary executive power and ensures the equal subjection of all citizens to the ordinary law of the land. In the Indian context, the Supreme Court ruled in the landmark Indira Nehru Gandhi v. Raj Narain case that the Rule of Law, as embodied in Article 14, constitutes an unamendable 'basic feature' of the Constitution.
Solution
Consider the following Assertion and Reasons:
1. Assertion (A): The Union Parliament cannot pass a valid Constitutional Amendment Act that abolishes or severely undermines the principle of the Rule of Law.
2. Reason (R1): The Supreme Court has unequivocally ruled that the Rule of Law, as embodied in Article 14, constitutes a 'basic feature' of the Constitution, rendering it completely immune to parliamentary destruction.
3. Reason (R2): The Rule of Law was borrowed directly from the American Constitution, which automatically grants it sovereign status over Indian domestic law.
Solution
Imagine you are reviewing a legal textbook submitted for publication. The draft states: 'The Rule of Law in India is a concept borrowed from the United States. It demands the absolute absence of arbitrary power. While philosophically important, it is merely a statutory guideline that Parliament can repeal at will.' Identify the factual errors in this excerpt.
1. Statement 1: The textbook is entirely correct, as American jurisprudence heavily influenced Article 14 and parliamentary sovereignty overrides it.
2. Statement 2: The textbook contains two major errors: The Rule of Law is borrowed from Britain (not the US), and it is an unamendable 'basic feature' of the Constitution (not a mere statutory guideline).
3. Statement 3: The textbook contains only one error: The Rule of Law does not demand the absence of arbitrary power; rather, it encourages strong executive discretion to maintain order.
Solution
Consider the following statements regarding the structural features of the 'Rule of Law':
1. 1. It is a fundamental legal doctrine originally propounded by the British jurist A.V. Dicey.
2. 2. It strictly mandates the equal subjection of all citizens, regardless of rank, to the ordinary law of the land administered by ordinary law courts.
3. 3. The Supreme Court of India has categorized it as an unamendable 'basic feature' of the Constitution.
4. 4. The doctrine explicitly authorizes the executive branch to exercise broad, arbitrary, and unchecked discretionary powers during peacetime.
Solution
Thus, exactly three statements are correct.
🚨 The Examiner's Trap
Candidates often confuse British and American constitutional borrowings. Because 'equal protection of laws' is famous in American history, they blindly assume 'Rule of Law' is too. They also might forget the specific landmark case (Indira Gandhi v. Raj Narain) that elevated it to a 'basic feature', confusing it with the earlier Kesavananda Bharati case.
Concept Flow Mapping
Logic Quest
"Is the 'Rule of Law' concept found in Article 14 borrowed heavily from the American Constitution's framework?"
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