UPPSC PCS - 2013

Which one the following statement is not correct?

Year Asked: 2013

A
The Constitutional Amendment Bill has to be passed by both Houses of Parliament separately with special majority.
B
Constitutional cases in Supreme Court is heard by minimum five judges
C
Freedom of press is included in the fundamental right-Freedom of Speech and expression.
D
Zakir Hussain was the first Vice President of India.

Correct Answer

D. Zakir Hussain was the first Vice President of India.

Detailed Explanation

The correct answer is D. Zakir Husain was the second Vice President of India, not the first. S. Radhakrishnan held the office first (1952–62), Zakir Husain followed (1962–67), and he then became the third President (1967–69), dying in office in 1969.

Statement A is correct. Under Article 368, a constitutional amendment bill must be passed by each House separately, with a majority of its total membership and a two-thirds majority of members present and voting.

Statement B is correct. Article 145(3) requires a Bench of at least five judges when a case involves a substantial question of law on the interpretation of the Constitution.

Statement C is a near-miss. Press freedom is not spelled out in Article 19(1)(a). The Supreme Court read it in through free speech and expression in Romesh Thapar (1950) and Sakal Papers (1962). Strictly, "implied" is the better word than "included", but D is the clear error.

Trap: Candidates remember Zakir Husain as a President and assume he was an early Vice President too. The VP sequence is Radhakrishnan, Zakir Husain, then V.V. Giri.

This question appeared in UPPCS 2013 GS Paper 1.

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