UPSC Polity Practice Questions
Target: Mission Prelims 2027
Updated:
Difficulty
Medium
Skill Tested
Factual Recall
Topic Clusters
Examine the logical coherence between the following legal facts and their constitutional implications:
1. Evidence 1: Neither the Indian Constitution nor the Protection of Civil Rights Act, 1955 provides a formal, textual definition of the term 'untouchability'. Inference 1: Therefore, the judiciary is forced to interpret the term based on its historical development and the sociological practice of caste within India.
2. Evidence 2: Article 17 formally abolishes untouchability and strictly forbids its practice in any form. Inference 2: Consequently, the Constitution itself textually specifies that the mandatory penalty for this practice is exactly six months of rigorous imprisonment.
3. Evidence 3: The Representation of the People Act 1951 lists conviction under the Protection of Civil Rights Act as a strict disqualifying factor. Inference 3: Thus, a citizen convicted of practicing untouchability cannot legally file nomination papers to contest elections for a seat in the Lok Sabha.
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Correct Option: A
Article 17 of the Indian Constitution definitively abolishes 'untouchability' in any form. However, the term itself is noticeably left undefined in both the Constitution and the Protection of Civil Rights Act, 1955. Courts, such as the Mysore High Court, interpret it historically as the social disabilities imposed on classes by reason of their birth. Notably, under the Representation of the People Act, 1951, a person convicted of practicing untouchability faces strict electoral disqualification from Parliament or state legislatures.
Solution
Consider the following Assertion and Reasons:
1. Assertion (A): A prominent local politician convicted of enforcing untouchability is legally barred from serving as a Member of the Legislative Assembly (MLA).
2. Reason (R1): The Representation of the People Act, 1951, explicitly disqualifies any individual convicted under the Protection of Civil Rights Act, 1955, from contesting state or national elections.
3. Reason (R2): Article 17 of the Constitution contains a highly detailed, comprehensive schedule defining exactly which castes are historically classified as 'untouchable'.
Solution
Imagine you are the Returning Officer for a hotly contested Lok Sabha constituency. A candidate's nomination is challenged because the candidate was convicted last year of practicing untouchability. The candidate's lawyer argues: 'Article 17 does not even define untouchability, making the law vague. Furthermore, the Constitution doesn't say my client can't run for office. Therefore, this conviction is politically irrelevant.' How do you rule on the nomination?
1. Statement 1: Accept the nomination; since the Constitution lacks a precise mathematical definition of untouchability, the conviction is legally void and unenforceable.
2. Statement 2: Reject the nomination; while the Constitution does not define it, the courts have upheld the historical definition, and the Representation of the People Act 1951 explicitly disqualifies candidates convicted of this offense.
3. Statement 3: Accept the nomination; electoral disqualifications apply exclusively to financial crimes and sedition, not civil rights violations.
Solution
Consider the following statements regarding the legal framework surrounding 'untouchability' in India:
1. 1. The Indian Constitution provides a clear, textual definition of 'untouchability' within its explanatory clauses.
2. 2. Article 17 unequivocally abolishes the practice and dictates that its enforcement is an offense punishable in accordance with the law.
3. 3. The Protection of Civil Rights Act, 1955, serves as the primary statutory legislation prescribing punishments for this constitutional offense.
4. 4. A citizen convicted of practicing untouchability retains their right to contest elections, as they are permanently immune from electoral disqualification.
Solution
Thus, exactly two statements are correct.
🚨 The Examiner's Trap
Candidates overwhelmingly assume that a concept as historically significant and damaging as 'untouchability' MUST be explicitly and exhaustively defined in the Constitution's text or in an attached glossary. They also frequently overlook the intersection between Fundamental Rights violations (Art 17) and statutory election laws (RPA 1951).
Concept Flow Mapping
Logic Quest
"Since the Constitution intentionally does not define the term 'untouchability', how do Indian courts legally interpret it?"
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