In UPSC 2021 Prelims Polity section the focus of questions was on the fundamental concepts of Polity, features of the Indian Constitution, Fundamental rights and other legal rights, the role of an independent judiciary and Parliamentary democracy, and governance reforms post-independence.
After analysing the pattern here we have provided a detailed explanation of all the questions that were asked in 2021 UPSC Prelims from the Polity section. This will improve the aspirant’s conceptual clarity about the subject and guide them in further preparation.
Previous Year UPSC Polity Questions (PYQs) With Explanation 2021
1. Which one of the following in Indian polity is an essential feature that indicates that it is federal in character?
a) The independence of judiciary is safeguarded.
b) The Union Legislature has elected representatives from constituent units.
c) The Union Cabinet can have elected representatives from regional parties.
d) The Fundamental Rights are enforceable by Courts of Law.
Answer- a
Explanation:
A political system is considered as federal based on presence of the following five criteria:
- Dual or two sets of government- one at the Centre, national or federal, and the other at state or provincial levels.
- Written Constitution- list of distribution of powers though the residuary powers generally rest with the federal government.
- Supremacy of the Constitution.
- Rigidity of the Constitution- the Constitution can be amended by a special majority followed by ratification by at least half of the states, barring ‘the basic structure’ of the Constitution.
- The authority of the courts as regards the interpretation of the constitutional provisions.
Hence, option a is correct.
2. Which one of the following best defines the term ‘State’?
(a) A community of persons permanently occupying a definite territory independent of external control and possessing an organized government.
(b) A politically organized people of a definite territory and possessing an authority to govern them, maintain law and order, protect their natural rights, and safeguard their means of sustenance.
(c) A number of persons who have been living in a definite territory for a very long time with their own culture, tradition and government.
(d) A society permanently living in a definite territory with a central authority, an executive responsible to the central authority and an independent judiciary.
Answer- a
Explanation:
According to Dr. Garner, “State as a concept of political science and public law, is a community of persons more or less numerous, permanently occupying a definite portion of territory, independent or nearly so, of external control and possessing an organised government to which the great body of inhabitants render habitual obedience”.
Thus according to Dr. Garner the essential elements of a modern state are population, territory, government and sovereignty.
Population: There cannot be a state without population. While considering the population of a state, we have to study not only the number but also the quality of the people inhabiting the state.
Territory: The territory of the state includes not only land domain but also rivers, lakes, sea upto the limits of its territorial waters and the air space above it. The domain of the state is terrestrial, fluvial, maritime and aerial.
Government is the agency or machinery through which common policies are determined, common affairs are regulated and common interest are promoted. The authority of the state is exercised by government.
Sovereignty is another essential element, without sovereignty there can be no state in the legal sense. Without sovereignty, there is every possibility of the forces of lawlessness sweeping away the whole of society. It is only the sovereign who can keep all the sections of society in their proper places. It is the final authority in the state.
Hence, option a is correct.
3. With reference to the Indian Judiciary, consider the following statements:
1. Any retired judge of the Supreme Court of India can be called back to sit and act as a Supreme Court judge by the Chief Justice of India with prior permission of the President of India.
2. A High Court in India has the power to review its own judgment as the Supreme Court does.
Which of the statements given above is/are correct?
(a) 1 Only
(b) 2 Only
(c) Both 1 and 2
(d) Neither 1 nor 2
Answer- a
Explanation:
Article- 128: Attendance of retired Judges at sittings of the Supreme Court— Chief Justice of India may at any time, with the previous consent of the President, request any person who has held the office of a Judge of the Supreme Court or of the Federal Court [or who has held the office of a Judge of a High Court and is duly qualified for appointment as a Judge of the Supreme Court] to sit and act as a Judge of the Supreme Court.
Hence Statement 1 is correct.
Article-137: Review of judgments or orders by the Supreme Court—Subject to the provisions of any law made by Parliament or any rules made under article 145, the Supreme Court shall have power to review any judgment pronounced or order made by it.
As a Court of Record, High Court has power to review and correct its own judgement or order or decision, even though no specific power of review is conferred on it by the constitution.
The Supreme Court, on the other hand, has been specifically conferred with the power of review by the constitution (Article 137).
Hence Statement 2 is incorrect.
Hence, option a is correct.
4. With reference to India, consider the following statements:
1. There is only one citizenship and one domicile.
2. A citizen by birth only can become the Head of State.
3. A foreigner once granted the citizenship cannot be deprived of it under any circumstances.
Which of the statements given above is/are correct?
(a) 1 Only
(b) 2 Only
(c) 1 and 3
(d) 2 and 3
Answer- a
Explanation:
In United States there is dual citizenship. An American citizen is a citizen of United States and also of the state in which he/she lives. As a result, each state has the right to grant its citizens or residents a number of rights which may be denied to non-citizens.
In India, though there is a dual polity but there is a single citizenship.
Domicile is an important criterion for citizenship of any country. Though the term is not defined in the constitution, domicile ordinarily connotes a person’s residence where he intends to live permanently. Article 5 of the Constitution provides that a person becomes entitled to the Citizenship of India if at the commencement of the Constitution, he has his domicile in the territory of India. Thus, citizenship is denoted by domicile and not vice-versa. The domicile is distinguishable from citizenship in as much as it is vitally connected with territory and not membership in the community.
The Constitution avoids dual citizenship; there is one citizenship related to the domicile in the territory of the whole of India and not in a part of it. There is no separate state citizenship as in the U.S.A. Thus, it is not correct to say that a citizen of India is domiciled in one State or another forming part of the Union of India. The domicile which he has is only one domicile. Article 5 of the Constitution is clear and explicit on this point and it refers only to one domicile, namely, “domicile in the territory of India (Pradeep Jain v. Union of India, 1984).
Hence Statement 1 is correct.
Article 58: Qualifications for election as President — (1) No person shall be eligible for election as President unless he —
(a) is a citizen of India,
(b) has completed the age of thirty-five years, and
(c) is qualified for election as a member of the House of the People.
The Constitution does not specify the “citizen by birth” clause.
Hence Statement 2 is incorrect.
Article 11: Parliament to regulate the right of citizenship by law—Nothing in the foregoing provisions of this Part shall derogate from the power of Parliament to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship.
Therefore parliament enacted the Citizenship Act of 1955 specifying provisions to provide for the acquisition, determination, and termination of Indian citizenship.
According to section 10 of the Citizenship Act 1955, the Central Government may, by order, deprive any such citizen (either by birth or by naturalisation i.e. a foreigner) of Indian citizenship, if it is satisfied that―
(a) the registration or certificate of naturalisation was obtained using fraud, false representation or the concealment of any material fact; or
(b) that citizen has shown himself by act or speech to be disloyal or disaffected towards the Constitution of India as by law established; or
(c) that citizen has, during any war in which India may be engaged, unlawfully traded or communicated with an enemy or been engaged in, or associated with, any business that was to his knowledge carried on in such manner as to assist an enemy in that war; or
(d) that citizen has, within five years after registration or naturalisation, been sentenced in any country to imprisonment for a term of not less than two years; or
(e) that citizen has been ordinarily resident out of India for a continuous period of seven years, and during that period, has neither been at any time a student of any educational institution in a country outside India or in the service of a Government in India or of an international organisation of which India is a member, not registered annually in the prescribed manner at an Indian consulate his intention to retain his citizenship of India.
Hence Statement 3 is incorrect.
Hence, option a is correct.
5. Which one of the following factors constitutes the best safeguard of liberty in a liberal democracy?
(a) A committed judiciary
(b) Centralization of powers
(c) Elected government
(d) Separation of powers
Answer- d
Explanation:
Montesquieu in his “The Spirit of Laws” has emphasized that there must be a separation of powers if liberty is to be safeguarded.
He stated that when the legislative and executive powers are united in the same person or a body of magistrates, they may enact tyrannical laws, and execute them in a tyrannical way.
Again, if the judiciary was joined with the legislative, the life and liberty of a person would be exposed to arbitrary control, for the judge would then be a legislator.
If the judiciary accompanies executive power, the judge might behave with violence and oppression.
Hence, option d is correct.
6. We adopted parliamentary democracy based on the British model, but how does our model differ from that model?
1. As regards legislation, the British Parliament is supreme or sovereign but in India, the power of the Parliament to legislate is limited.
2. In India, matters related to the constitutionality of the Amendment of an Act of Parliament are referred to the Constitution Bench by the Supreme Court.
Select the correct answer using the codes given below:
(a) 1 Only
(b) 2 Only
(c) Both 1 and 2
(d) Neither 1 nor 2
Answer- c
Explanation:
In the British parliamentary system, Parliament was supposed to be supreme and sovereign. There were no limitations on its powers, at least in theory, in as much as there was no written constitution and the Judiciary had no power of judicial review of legislation.
In the U.S. system, the Supreme Court with its power of judicial review and of interpreting the Constitution had assumed supremacy.
In India, the Constitution has arrived at a middle course and a compromise between the British sovereignty of Parliament and American judicial supremacy. India is governed by the rule of law. Since we have a written constitution and the powers and functions of every organ are defined and delimited by the Constitution, no organ, not even the parliament is sovereign.
Both Parliament and the Supreme Court are supreme in their respective spheres.
Hence Statement 1 is correct.
Since India is governed by the rule of law and judicial review of administrative action is an essential part of rule of law. Thus, courts can determine not only the constitutionality of the law but also the procedural part of administrative action. Parliament may within certain restrictions amend most parts of the Constitution but the Supreme Court also can declare a law passed by Parliament ultra vires as being violative of the Constitution.
Hence Statement 2 is correct.
Hence, option c is correct.
7. With reference to the Union Government, consider the following statements:
1. N. Gopalaswamy Iyengar Committee suggested that a minister and a secretary be designated solely for pursuing the subject of administrative reform and promoting it.
2. In 1970, the Department of Personnel was constituted on the recommendation of the Administrative Reforms Commission, 1966, and this was placed under the Prime Minister’s charge.
Which of the statements given above is/are correct?
(a) 1 Only
(b) 2 Only
(c) Both 1 and 2
(d) Neither 1 nor 2
Answer- b
Explanation:
In 1949 Gopalaswami Ayyangar Committee while recommending restructuring of the Central Secretariat suggested that a Department should be identified with a Secretary’s charge and a Ministry should be identified with a Minister’s charge and that this should be the distinction between ministries and departments.
Also, each department should constitute a clearly manageable charge for one secretary, and the responsibility of the secretary as the head of the department should be complete and undivided.
Hence Statement 1 is incorrect.
As per the recommendations of 1st ARC (1966) headed first by Morari Desai and later by Hanumanthaiya gave the following recommendation:
- A separate Department of Personnel should be set up, with a full Secretary in charge who should work under the general guidance of the Cabinet Secretary.
- The Department of Personnel should not itself administer any service cadre. The administrative control of different service cadres should vest with individual Ministries and Departments concerned.
- The Cabinet Secretary should, by convention, be regarded as Secretary-General of the new Department of Personnel, without being formally so designated.
- The new Department of Personnel should be placed directly under the Prime Minister.
Hence Statement 2 is correct.
About the Department of Administrative Reforms:
- In March 1954, an Organisation and Method (O & M) Division was set up in the Cabinet Secretariat as a follow-up on one of the recommendations made by Paul H. Appleby.
- In March 1964, a Department of Administrative Reforms was set up within the Ministry of Home Affairs and the Organisation and Method (O & M) Division was transferred to its charge from the Cabinet Secretariat.
- Department of Personnel created under Cabinet Secretariat on 1st August 1970.
- On 7th February 1973, the work relating to the Department of Administrative Reforms was transferred to the Department of Personnel and was re-designated as the Department of Personnel and Administrative Reforms.
- In April 1977, the Department of Personnel and Administrative Reforms was shifted from the Cabinet Secretariat to the Ministry of Home Affairs.
- In March 1985, the Department of Personnel and Administrative Reforms was elevated to a full-fledged Ministry of Personnel and Training, Administrative Reforms, Public Grievances and Pensions. On December 10, 1985 Ministry of Personnel and Training, Administrative Reforms, Public Grievances and Pensions was re-designated as the Ministry of Personnel, Public Grievances and Pensions with three departments namely, Department of Personnel and Training (DOPT), Department of Administrative Reforms and Public Grievances and Department of Pension and Pensioners Welfare.
- This Ministry was placed under the overall charge of the Prime Minister assisted by a Minister of State.
Hence, option b is correct.
8. ‘Right to privacy’ is protected under which Article of the Constitution of India?
(a) Article 15
(b) Article 19
(c) Article 21
(d) Article 29
Answer- c
Explanation-
Freedom of person or personal liberty is sought to be ensured by our constitution in two ways, namely-
- Article 21 (Protection of life and personal liberty) provides that no person shall be deprived of his life or personal liberty except according to the procedure established by law.
- Article 22 (Protection against arbitrary arrest and detention) which provides procedural safeguards against arbitrary arrest and detention.
In KS Puttaswamy v UOI (2017) court discussed in detail the scope and ambit of the right to privacy.
Puttasway judgment upheld that the right to privacy is inextricably bound up with all exercises of human liberty – both as it is specifically enumerated across Part III, and as it is guaranteed in the residue under Article 21.
The court pronounced privacy to be a distinct and independent fundamental right under Article 21 of the Constitution.
The court made an expansive interpretation of the right to privacy that it was not a narrow right against physical invasion or a derivative right under Article 21, but one that covered the body and mind, including decisions, choices, information, and freedom. Privacy was held to be an overarching right of Part III of the Constitution which was enforceable and multifaceted.
Hence, option c is correct.
9. Constitutional government means
(a) a representative government of a nation with federal structure
(b) a government whose Head enjoys nominal powers
(c) a government whose Head enjoys real powers
(d) a government limited by the terms of the constitution
Answer- d
Explanation:
The concept of constitutionalism is that of a polity governed by or under a constitution that ordains essentially limited government and rule of law as opposed to arbitrary, authoritarian or totalitarian rule. Constitutional government, therefore should necessarily be a democratic government. Also, constitutionalism is a natural concomitant of a written constitution bound to define and delimit the power and function of various organs of the state and a government under a written constitution can only be limited government.
But, it is certainly conceivable that some countries (there have been many examples) may have written constitutions which are not really democratic. It can be said that they have constitution but not constitutionalism. Also, there are instances where there is no written constitution but constitutionalism prevails.
Hence, option d is correct.
10. A legislation which confers on the executive or administrative authority an unguided and uncontrolled discretionary power in the matter of application of law violates which one of the following Articles of the Constitution of India?
(a) Article 14
(b) Article 28
(c) Article 32
(d) Article 44
Answer- a
Explanation:
Article 14: Equality before law—The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.
A.V. Dicey has stated that the Rule of law is an essential prerequisite for democracy. It has 4 separate features:
- No one should be punished except for breach of law.
- There should be equal subjection of law or ‘equality before law’.
- When Law is broken there must be a certainty of punishment.
- The rights and liberties of the individual should be embodied in the ordinary law of the land. This would ensure that when individual rights are violated citizens can seek redressal through the courts.
Characteristics of Rule of Law:
- The supremacy of law, which means that all persons (individuals and governments) are subject to law.
- A concept of justice that emphasizes interpersonal adjudication, law based on standards, and the importance of procedures.
- Restrictions on the exercise of discretionary powers.
- The doctrine of judicial precedent.
- The common law methodology.
- Legislation should be prospective and not retrospective.
- An independent judiciary.
- The exercise of parliament of the legislative power and restrictions on the exercise of legislative power by the judiciary.
- An underlying moral basis for all law.
Since, article 14 has the provision of equality before the law which in itself is a feature of the Rule of Law, which in turn puts restrictions on the arbitrary/discretionary power of administrative authority.
Hence option 1 is correct.
Hence, option a is correct.
11. What was the exact constitutional status of India on 26th January 1950?
(a) A Democratic Republic
(b) A Sovereign Democratic Republic
(c) A Sovereign Secular Democratic Republic
(d) A Sovereign Socialist Secular Democratic Republic
Answer- b
Explanation:
The original preamble of the Indian constitution states that:
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN DEMOCRATIC REPUBLIC and to secure to all its citizens:
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity; and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity of the Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.
So the exact constitutional status of India on 26th January 1950 was a Sovereign, Democratic Republic.
Hence, option b is correct.
12. Under the Indian Constitution, concentration of wealth violates
(a) The Right to Equality
(b) The Directive Principles of State Policy
(c) The Right to Freedom
(d) The Concept of Welfare
Answer- b
Explanation:
Article- 39 of Part- IV (DPSPs), as amended by the 42nd Constitutional Amendment, 1976, directs the state policy at securing:
(a) the citizens, men and women equally, the right to an adequate means of livelihood;
(b) the ownership and control of the material resources of the community are so distributed as best to subserve the common good;
(c) the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment;
(d) there is equal pay for equal work for both men and women;
(e) the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength;
(f) children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.
Hence, option b is correct.
13. What is the position of the Right to Property in India?
(a) Legal right available to citizens only
(b) Legal right available to any person
(c) Fundamental Right available to citizens only
(d) Neither Fundamental Right nor legal right
Answer- b
Explanation:
Right to property was a fundamental right enshrined in Articles 19 (1)(f) and 31. Article 31 went through a number of amendments and ultimately by the enactment of the 44th Amendment to the Constitution of India and with the deletion of Article 19(1)(f), the right to property has been characterised as a constitutional right under Article 300-A.
Article 300-A provides that no person shall be deprived of his property save by authority of law. Resultantly, it is now a constitutional right available both to citizens and non-citizens, natural persons as well as legal persons such as corporations. The law depriving a person of his property may not have immunity against the challenge of Fundamental Rights without the insertion of the same in the Ninth Schedule of the Constitution.
Prior to enactment of Article 300-A, an aggrieved person could move the Supreme Court under Article 32 or High Courts under Article 226, whenever his right to property was infringed; however, with the change in the status of this right, the appropriate remedy for the aggrieved citizens is now confined to moving either the High Court under Article 226 through the phrase “any other purpose” or civil courts.
Hence, option b is correct.
14. With reference to India, consider the following statements:
1. Judicial custody means an accused is in the custody of the concerned magistrate and such accused is locked up in police station, not in Jail.
2. During judicial custody, the police officer in charge of the case is not allowed to interrogate the suspect without the approval of the court.
Which of the statements given above is/are correct:
(a) 1 Only
(b) 2 Only
(c) Both 1 and 2
(d) Neither 1 nor 2
Answer- b
Explanation:
Police Custody means that police have the physical custody of the accused while Judicial Custody means an accused is in the custody of the concerned Magistrate. In the former, the accused is lodged in police station lockup while in the latter, it is the jail.
Hence Statement 1 is incorrect.
First the suspect on arrest is taken into police custody, following which he/she is taken before a magistrate and may either be remanded to judicial custody or be sent back into police custody.
Police Custody with permission to interrogate – During Judicial Custody, the police officer in charge of the case is not allowed to interrogate the suspect. However, the court may allow the interrogations to be conducted if it opines the interrogation is necessary under the facts produced before the court.
Statement 2 is correct.
Hence, option b is correct.
15. With reference to India, consider the following statements:
1. When a prisoner makes out a sufficient case, parole cannot be denied to such prisoner because it becomes a matter of his/her right.
2. State Governments have their own Prisoners Release on Parole Rules.
Which of the statements given above is/are correct?
(a) 1 Only
(b) 2 Only
(c) Both 1 and 2
(d) Neither 1 nor 2
Answer- b
Explanation:
‘Prisons and persons detained therein’ being state subjects, state governments have enacted rules for the premature release of prisoners based on their good conduct and for grant of parole or furlough etc.
Hence Statement 2 is correct.
The provision of Parole is a privilege/concession but not a right of any convicted prisoner which is subjected to cancellation in certain specified circumstances. It is allowed to selective prisoners on the basis of well-defined norms of eligibility and propriety to enable them to maintain regular and harmonious relationships with their families and to develop their self-confidence, constructive hope and active interest in life by removing evil effects of their prison life.
Hence Statement 1 is incorrect.
The term “Parole” is not defined in Prisons Act, 1894. However, under Section 59, this Act empowers the State Government to make rules consistent with this Act. Accordingly, the Prison Manuals of the States provide the provision of Parole as one of the progressive measures of correctional services.
The State Government/ the Director/ Inspector General of Prisons reserves the right to debar or withdraw any prisoner or category of prisoners from this privilege.
Hence, option b is correct.
16. At the national level, which ministry is the nodal agency to ensure effective implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006?
(a) Ministry of Environment, Forest and Climate Change
(b) Ministry of Panchayati Raj
(c) Ministry of Rural Development
(d) Ministry of Tribal Affairs
Answer- d
Explanation:
To address the adverse living conditions of many tribal families living in forests on account of non-recognition and vesting of pre-existing rights, landmark legislation of Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, has been enacted to recognize and vest the forest rights and occupation of forest land in forest dwelling Scheduled Tribes and other traditional forest dwellers, who have been residing in such forests for generations, but whose rights could not be recorded.
The nodal agency to ensure the effective implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 is the Ministry of Tribal Affairs.
Hence, option d is correct.
17. Consider the following statements in respect of Bharat Ratna and Padma Awards:
1. Bharat Ratna and Padma Awards are titles under the Article 18(1) of the Constitution of India.
2. Padma Awards, which were instituted in the year 1954, were suspended only once.
3. The number of Bharat Ratna Awards is restricted to a maximum of five in a particular year.
Which of the above statements are not correct?
(a) 1 and 2 Only
(b) 2 and 3 Only
(c) 1 and 3 Only
(d) 1, 2 and 3
Answer- d
Explanation-
The Government of India instituted two civilian awards-Bharat Ratna & Padma Vibhushan in 1954.
Bharat Ratna is the highest civilian award in the country. It is awarded in recognition of exceptional service/performance of the highest order in any field of human endeavour. It is treated on a different footing from Padma Award. The recommendations for Bharat Ratna are made by the Prime Minister to the President of India. No formal recommendations for Bharat Ratna are necessary. The number of Bharat Ratna Awards is restricted to a maximum of three in a particular year. But this limit has been breached twice.
Hence, statement 3 is incorrect.
Padma Awards, which were instituted in the year 1954, is announced every year on the occasion of Republic Day except for brief interruption during the years 1978 and 1979 and 1993 to 1997.
Hence statement 2 is incorrect.
In Balaji Raghavan vs UOI, the Supreme Court upheld the validity of civilian honors but criticized the government for not exercising restraint in awarding these. It held that the national awards were not meant to be used as titles and those who have done so should forfeit the award. The award does not amount to a title and cannot be used as a suffix or prefix to the awardees’ name.
Hence statement 1 is incorrect.
Additional Information:
The Padma Awards had three classes namely Pahela Varg, Dusra Varg and Tisra Varg. These were subsequently renamed as Padma Vibhushan, Padma Bhushan and Padma Shri.
The award is normally not conferred posthumously. However, in highly deserving cases, the Government could consider giving an award posthumously.
A higher category of Padma award can be conferred on a person only where a period of at least five years has elapsed since conferment of the earlier Padma award. However, in highly deserving cases, a relaxation can be made by the Awards Committee.
The total number of awards to be given in a year (excluding posthumous awards and to NRI/foreigners/OCIs) should not be more than 120.
Who decides the recipients?
All nominations received for the Padma Awards are placed before the Padma Awards Committee, which is constituted by the Prime Minister every year. The Padma Awards Committee is headed by the Cabinet Secretary and includes the Home Secretary, the Secretary to the President, and four to six eminent persons as members. The recommendations of the committee are submitted to the Prime Minister and the President of India for approval.
Hence, option d is correct.