JAGTIV · Previous Year Questions

UPPSC

POLITY · 2024

Previous Year Question

Which one of the following pairs is not correctly matched?

A.

Equality before Law — Guaranteed to both citizens and non-citizens

B.

Equality of opportunity in public employment — Guaranteed only to Indian citizens

C.

Creating a new State — Power of Parliament

D.

Altering the name of a State — Power of a State Legislature

Correct Answer: D

Detailed Solution

According to Article 3 of the Indian Constitution, the power to alter the name of a State belongs to Parliament, not to the State Legislature.

Option (a) is correctly matched.

Article 14 of the Constitution guarantees equality before the law and equal protection of the laws.

This Article uses the expression 'any person'. Therefore, its protection extends to both Indian citizens and non-citizens present within the territory of India.

Article 14 aims to prevent arbitrary and unjust discrimination by the State. However, it does not prohibit classification based on reasonable grounds.

Option (b) is correctly matched.

According to Article 16(1), all citizens are guaranteed equality of opportunity in matters relating to employment or appointment to any office under the State.

This Fundamental Right is available only to Indian citizens. Non-citizens cannot claim the right to equality of opportunity in public employment under Article 16.

Article 16(2) prohibits discrimination in public employment on specified grounds such as religion, race, caste, sex, descent, place of birth and residence.

Option (c) is correctly matched.

Article 3 of the Constitution empowers Parliament to create new States and alter the areas, boundaries or names of existing States by law.

Parliament may form a new State by separating territory from an existing State, uniting two or more States or their parts, or uniting any territory with a part of a State.

Additionally, Article 2 empowers Parliament concerning the admission or establishment of new States in the Union.

Option (d) is incorrectly matched.

According to Article 3(e), the power to alter the name of a State belongs to Parliament.

Such a Bill is introduced in Parliament on the recommendation of the President. When the proposal affects the area, boundaries or name of a State, the President refers it to the concerned State Legislature for expressing its views within a specified period.

The views of the State Legislature are not binding on Parliament. Therefore, Parliament may alter the name of a State without the consent of its Legislature, following the prescribed constitutional procedure.

Important fact: A law altering the name of a State under Article 3 can generally be passed by a simple majority in Parliament. According to Article 4, such a law is not considered a constitutional amendment for the purposes of Article 368.

Thus, both creating a new State and altering the name of an existing State are powers of Parliament.

Continue practicing free PYQs with your JAGTIV account.