set 2 - test 19 polity explanation
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PRESTORMINGTM 2021
SET 2 - TEST 19 POLITY EXPLANATION
Q.1) Consider the following statements:
1. Absence of external constraints on an individual.
2. Availability of adequate material resources for individual development.
3. Opportunity to participate in the decision making process.
Which of the above is/are based on the principle of Positive liberty?
(a) 1 only
(b) 2 and 3 only
(c) 1 and 2 only
(d) 1,2 and 3
EXPLANATION
Absence of external constraints is based on the principle of negative liberty. There should be
fewer constraints made by the society and the government on the individual which is based on
the positive liberty. So, Statement 1 is not correct.
The freedom of the individual must not be constrained on the account of poverty and
unemployment, so it necessary for the society and the government to make availability of
adequate material resources for individual development which is based on positive liberty.
So, Statement 2 is correct.
People must have the opportunity in the decision making process, so that the laws made can
reflect their choices, or at least take those preferences into account. So, Statement 3 is
correct.
ADDITIONAL INFORMATION
Positive Liberty
• Positive liberty is concerned with explaining the idea of ‘freedom to’.
• They are in response to the answer ‘who governs me?’ to which the ideal answer is ‘I govern
myself ’.
• Positive liberty discussions have a long tradition that can be traced to Rousseau, Hegel, Marx,
Gandhi, Aurobindo, and also to those who draw their inspiration from these thinkers. It is
concerned with looking at the conditions and nature of the relationship between the individual
and society and of improving these conditions such that there are fewer constraints to the
development of the individual personality.
• The individual to develop his or her capability must get the benefit of enabling positive
conditions in material, political and social domains.
Negative Liberty
• ‘Negative liberty’ seeks to define and defend an area in which the individual would be
inviolable, in which he or she could ‘do, be or become’ whatever he or she wished to ‘do, be
or become’.
• This is an area in which no external authority can interfere.
• It is a minimum area that is sacred and in which whatever the individual does, is not to be
interfered with.
• The existence of the ‘minimum area of non-interference’ is the recognition that human
nature and human dignity need an area where the person can act unobstructed by others.
• Negative liberty arguments are in response to the question: ‘Over what area am I the
master?’ It is concerned with explaining the idea of ‘freedom from’.
Q.2) Consider the following statements:
1. The Concept of liberalism advocated by Indian Constitution prioritises individual rights over
those of society.
2. The liberalism practiced by thinkers like Swami Vivekanand introduced the spirit of social
justice within orthodox Hinduism.
Which of the above statements is//are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
EXPLANATION
Classical liberalism always privileges the rights of the individuals over demands of social
justice and community values. The liberalism of the Indian Constitution differs from this
version because Indian liberalism was always linked to social justice and not always
privileges the rights of the individuals over community values. So, Statement 1 is not
correct.
There are two Streams of Indian Liberalism. The First Stream began with Rammohun Roy.
It emphasized individual rights, particularly the rights of women. The second stream
included thinkers like K.C. Sen, Justice Ranade, and Swami Vivekananda. They introduced
the spirit of social justice within orthodox Hinduism. So, Statement 2 is correct.
Q.3) The structural part of Indian Constitution is derived from which of the following
sources?
(a) American Constitution
(b) British Constitution
(c) Government of India act of 1935
(d) None of these
EXPLANATION
The structural part of the Indian constitution is derived from the Government of India Act
1935. The Federal scheme, Judiciary, Governors, Emergency powers, the Public Service
Commission and most of the administrative details are drawn from this act. Government of
India Act 1935 was passed by British Parliament in August 1935.
The features of this Act were as follows:
1. It provided for the establishment of an All-India Federation consisting of provinces
and princely states as units. The Act divided the powers between the Centre and
units in terms of three lists Federal List (for Centre, with 59 items), Provincial List
(for provinces, with 54 items) and the Concurrent List (for both, with 36 items).
Residuary powers were given to the Viceroy. However, the federation never came into
being as the princely states did not join it.
2. It abolished dyarchy in the provinces and introduced ‘provincial autonomy’ in its place. The
provinces were allowed to act as autonomous units of administration in their defined
spheres. Moreover, the Act introduced responsible Governments in provinces, that is, the
Governor was required to act with the advice of ministers responsible to the provincial
legislature. This came into effect in 1937 and was discontinued in 1939.
3. It provided for the adoption of dyarchy at the Centre. Consequently, the federal
subjects were divided into reserved subjects and transferred subjects. However, this
provision of the Act did not come into operation at all.
4. It introduced bicameralism in six out of eleven provinces. Thus, the legislatures of
Bengal, Bombay, Madras, Bihar, Assam and the United Provinces were made
bicameral consisting of a legisilative council (upper house) and a legislative assembly
(lower house). However, many restrictions were placed on them.
5. It further extended the principle of communal representation by providing separate
electorates for depressed classes (Scheduled Castes), women and labour (workers).
6. It abolished the Council of India, established by the Government of India Act of 1858.
The secretary of state for India was provided with a team of advisors.
7. It extended franchise. About 10 per cent of the total population got the voting right.
8. It provided for the establishment of a Reserve Bank of India to control the currency
7and credit of the country.
9. It provided for the establishment of not only a Federal Public Service Commission,
but also a Provincial Public Service Commission and Joint Public Service Commission
for two or more provinces.
10. It provided for the establishment of a Federal Court, which was set up in 1937.
So, option (c) is correct.
ADDITIONAL INFORMATION
Others sources of Indian constitution
Constitution of USA Fundamental Rights
Federal Structure of Government
Electoral College
Independence of the Judiciary and separation of powers among the three branches of the Government
Judicial Review
President as the Supreme Commander of Armed Forces
Equal Protection Under Law
British Constitution Parliamentary Government
Single Citizenship
Rule of law
Writs
Speaker and his role
Law Making Procedure
Procedure established by Law
Irish Constitution Directive Principles of State Policy
Nomination of members to Rajya Sabha Method of Election of President
USSR Fundamental Duties under Article 51-A
A Constitutionally mandated Planning Commission
South Africa Procedure for Amendment
Election of Rajya Sabha members
Japan Procedure Established by Law
Q.4) Consider the following statements:
1. Collective responsibility of the executive to the legislature
2. Principle of Parliamentary sovereignty
3. Presence of an elected head of state
Which of the above are the essential features of a Parliamentary system of government?
(a) 1 and 2 only
(b) 1 only
(c) 2 and 3 only
(d) 1, 2 and 3
EXPLANATION
1. Collective responsibility – The executive are collectively responsible to the Parliament.
They act as a team and swim and sink together. The principle of collective
responsibility implies that Parliament can remove the ministry by passing a vote of no
confidence. So Collective responsibility of the executive to the legislature is the essential
feature of the Parliamentary system of government.
2. Principle of Parliamentary sovereignty - Parliamentary sovereignty is a principle of the
UK constitution. It makes Parliament the supreme legal authority in the UK, which can
create or end any law. Generally, the courts cannot overrule its legislation.
Parliamentary sovereignty is the most important feature of a Parliamentary form of
Government, but it is not an essential feature. For example, India follows parliamentary
form of government but Indian Parliament is not sovereign as Britain. So it is not the
essential feature.
3. Presence of an elected head of state – the presence of an elected head of the state may
not be the essential feature of the Parliamentary system of government. For example,
the Britain follows Parliamentary system of government where it does not contain
elected head of the state. So, option (b) is correct.
Q.5) Amongst the following, which is the most important function performed by a
Constitution?
(a) Constitution provides for a set of basic rules that allow for minimal coordination
amongst the members of the society.
(b) The Constitution provides for the procedure to constitute the government.
(c) The Constitution protects the rights of the people of a country by providing for a limited
government.
(d) The Constitution empowers the government to fulfill the aspirations of a society and create
conditions for a just society.
EXPLANATION
Every Society has people belonging to different groups such as occupation, religion, caste etc.
There would be conflict among these groups if there were no basic norms to govern them. So
the first and the most important function of the Constitution is to provide a set of basic rules
that allow for minimal coordination amongst the members of the society. So, option (a) is
correct.
Q.6) Consider the following statements:
1. The Indian Constitution did not enjoy public authority because the members of the Constitution
assembly were not directly elected by the people.
2. Two hundred ninety-nine members of the Constituent Assembly were present on 26 November
1949 and appended their signature to the Constitution as finally passed.
3. The Constitution assembly has twenty six members from the Scheduled caste community.
Which of the above statements is//are correct?
(a) 1 and 2 only
(b) 2 only
(c) 3 only
(d) 1 and 3 only
EXPLANATION
Some countries have subjected their constitution to a full-fledged referendum, where all
the people vote on the desirability of a constitution. The Indian constitution was never
subject to such a referendum but nevertheless it carried enormous public authority
because it had the consensus and backing of leaders who were themselves popular.
Although the constitution itself was not subjected to a referendum, the people adopted it
as their own by abiding by its provisions. So, Statement 1 is not correct.
The Constitution of India was adopted on 26 November, 1949 and the hon'ble members
appended their signatures to it on 24 January, 1950. Out of 299 members, 284 members
actually signed the Constitution. So, Statement 2 is not correct.
The Constitution assembly has 31 members from the Scheduled caste community. The
Constitution Assembly has 163 Hindus, 80 Muslims, 6 Indian Christians, 6 Backward
Tribes, 4 Sikhs, 3 Anglo Indians and 3 Parsis. So, Statement 3 is not correct.
ADDITIONAL INFORMATION
CONSTITUENT ASSEMBLY
• The Constituent Assembly took almost three years (two years, eleven months and seventeen
days to be precise) to complete its historic task of drafting the Constitution for Independent
India. During this period, it held eleven sessions covering a total of 165 days. Of these, 114
days were spent on the consideration of the Draft Constitution.
• As to its composition, members were chosen by indirect election by the members of the
Provincial Legislative Assemblies, according to the scheme recommended by the Cabinet
Mission.
• The arrangement was: (i) 292 members were elected through the Provincial Legislative
Assemblies; (ii) 93 members represented the Indian Princely States; and (iii) 4 members
represented the Chief Commissioners' Provinces.
• The total membership of the Assembly thus was to be 389. However, as a result of the partition
under the Mountbatten Plan of 3 June, 1947, a separate Constituent Assembly was set up for
Pakistan and representatives of some Provinces ceased to be members of the Assembly. As a
result, the membership of the Assembly was reduced to 299.
• On 13 December, 1946, Pandit Jawaharlal Nehru moved the Objectives Resolution.
• The Constitution of India came into force on 26 January, 1950. On that day, the Assembly
ceased to exist, transforming itself into the Provisional Parliament of India until a new
Parliament was constituted in1952
IMPORTANT COMMITTEES OF THE CONSTITUENT ASSEMBLY AND THEIR CHAIRMEN
Name of the Committee Chairman
Committee on the Rules of Procedure Rajendra Prasad
Steering Committee Rajendra Prasad
Finance and Staff Committee Rajendra Prasad
Credential Committee Alladi Krishnaswami Ayyar
House Committee B. Pattabhi Sitaramayya
Order of Business Committee K.M. Munsi
Ad hoc Committee on the National Flag Rajendra Prasad
Committee on the Functions of the Constituent
Assembly G.V. Mavalankar
States Committee Jawaharlal Nehru
Advisory Committee on Fundamental Rights,
Minorities and Tribal and Excluded Areas Vallabhbhai Patel
Minorities Sub-Committee H.C. Mookherjee
Fundamental Rights Sub-Committee J.B. Kripalani
North-East Frontier Tribal Areas and Assam Exluded
& Partially Excluded Areas Sub-Committee Gopinath Bardoloi
Excluded and Partially Excluded Areas (Other than
those in Assam) Sub-Committee A.V. Thakkar
Union Powers Committee Jawaharlal Nehru
Union Constitution Committee Jawaharlal Nehru
Drafting Committee B.R. Ambedkar
Q.7) With respect to the composition of the Constituent Assembly, consider the following
statements:
1. The seats allotted to the British provinces were divided among three communities- Muslims,
Sikhs and general, in proportion to their population.
2. The representatives of the princely states were to be nominated by the heads of the princely
states.
3. The representatives of the provinces were elected directly by the people of their respective
community.
Which of the above statements is//are correct?
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1,2 and 3
EXPLANATION
Seats allocated to each British province were to be divided among the three principal
communities Muslims, Sikhs, and General (all except Muslims and Sikhs), in proportion to
their population. So, Statement 1 is correct.
The representatives of the princely states were to be nominated by the heads of the princely
states. So, Statement 2 is correct.
Members of each community (not directly elected by people) in the Provincial Legislative
Assembly elected their own representatives by the method of proportional representation with
the single transferable vote. The method of selection in the case of representatives of Princely
States was to be determined by consultation. Thus representatives of the provinces were not
elected directly by the people of their respective community. So, Statement 3 is not correct.
ADDITIONAL INFORMATION
COMPOSITION OF CONSTITUENT ASSEMBLY
• Each province and princely state (or group of states in case of small states) was to be allotted
seats in proportion to their respective population. Roughly, one seat was to be allotted for every
million population.
Allocation of seats in Constituent Assembly
S.NO Areas Seats
1. British Indian Province
292
2. Princely States 93
3. Chief Commissioners Province
4
Total 389
Q.8) Consider the following:
1. Indian Independence act, 1947
2. Government of India act, 1935
3. Privy Council Jurisdiction act
Which of the above acts was/were repealed with the Commencement of the Indian Constitution?
(a) 1 only
(b) 1 and 2 only
(c) 2 and 3 only
(d) 1,2 and 3
EXPLANATION
With the commencement of the Constitution, the Indian Independence Act of 1947 and the
Government of India Act of 1935, with all enactments amending or supplementing the latter
Act, were repealed. The Abolition of Privy Council Jurisdiction Act was however continued.
So, option (b) is correct.
ADDITIONAL INFORMATION
The Abolition of Privy Council Jurisdiction Act
• In 1949, the Abolition of Privy Council Jurisdiction Act was passed by the Indian Government.
• This Act accordingly abolished the jurisdiction of the Privy Council to entertain new appeals
and petitions as well as to dispose of any pending appeals and petitions.
• It also provided for the transfer of all cases filed before Privy Council to the Federal Court in
India. All powers of the Privy Council regarding appeals from the High Court were conferred to
the Federal Court.
Q.9) Consider the following statements:
1. The 42nd Constitutional amendment act of 1976 added a set of eleven fundamental duties
under part IV-A of the Constitution.
2. The 61st Constitutional amendment act reduced the voting age from 21 years to 18 years in
India.
3. The 86th Constitutional amendment act made elementary education a fundamental right in
India.
Which of the above statements is//are correct?
(a) 1 only
(b) 1 and 2 only
(c) 2 and 3 only
(d) 3 only
EXPLANATION
The 42nd Constitutional amendment act of 1976 added a set of 10 fundamental duties (not
eleven) under part IV-A of the Constitution. 86th Constitutional amendment act added
Eleventh fundamental duty to provide opportunities for education to his child or ward
between the age of six and fourteen years. So, Statement 1 is not correct.
Sixty-first Amendment Act, 1988 reduced the voting age from 21 years to 18 years in India.
So, Statement 2 is correct.
Article 21 A declares that the State shall provide free and compulsory education to all
children of the age of six to fourteen years in such manner as the State may determine. This
provision makes only elementary education a Fundamental Right and not higher or
professional education. This provision was added by the 86th Constitutional Amendment Act
of 2002. So, Statement 3 is correct.
Q.10) Consider the following:
“To protect and improve the environment and to safeguard forests and Wildlife.’’
The above provision is contained in which of the following parts of the Indian Constitution?
(a) Fundamental Rights
(b) Fundamental Duties
(c) Directive principles of State Policy(DPSP)
(d) None of these
EXPLANATION
Article 48 A in DPSP directs the state to protect and improve the environment and to
safeguard forests and Wildlife. So, option (c) is correct.
ADDITIONAL INFORMATION
DPSP
• The Directive Principles of State Policy are enumerated in Part IV of the Constitution from
Articles 36 to 51.
• The framers of the Constitution borrowed this idea from the Irish Constitution of 1937, which
had copied it from the Spanish Constitution.
• Dr. B.R. Ambedkar described these principles as ‘novel features’ of the Indian Constitution.
• The Directive Principles along with the Fundamental Rights contain the philosophy of the
Constitution and are the soul of the Constitution. Granville Austin has described the Directive
Principles and the Fundamental Rights as the ‘Conscience of the Constitution”.
• DPSP are non-justifiable that is they are not legally enforceable by the courts for their
violation.
• The Constitution does not contain any classification of Directive Principles. However, on the
basis of their content and direction, they can be classified into three broad categories, viz,
socialistic, Gandhian and liberal-intellectual.
• DPSP aims at establishing social and economic democracy in the country.
• They require legislation for their implementation. Hence they are not automatically enforced.
• The courts cannot declare a law violative of any of the Directive Principles as unconstitutional
and invalid. However, they can uphold the validity of a law on the ground that it was enacted
to give effect to a directive.
Q.11) Consider the following statements:
1. India is an independent, sovereign, socialist republic.
2. India shall be a Union of erstwhile British Indian territories, Indian States, and other parts
outside British India and the such Indian States as are willing to be a part of the Union.
3. All powers and authority of sovereign and independent India and its Constitution shall flow
from the people.
Which of the above were the part of historic Objective resolution?
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1,2 and 3
EXPLANATION
On December 13, 1946, Jawaharlal Nehru moved the historic ‘Objectives Resolution’ in the
Assembly. It laid down the fundamentals and philosophy of the constitutional structure.
Following are the Objectives Resolution moved by Jawaharlal Nehru:
1. This Constituent Assembly declares its firm and solemn resolve to proclaim India
as the Independent Sovereign Republic( socialist is not mentioned in Objective
resolution) to draw up for her future governance a Constitution.
2. Wherein the territories that now comprise British India, the territories that now
form the Indian States and such other parts of India as are outside India and the
States as well as other territories as are willing to be constituted into independent
sovereign India, shall be a Union of them all; and
3. wherein the said territories, whether with their present boundaries or with such others
as may be determined by the Constituent Assembly and thereafter according to the law
of the Constitution, shall possess and retain the status of autonomous units together
with residuary powers and exercise all powers and functions of Government and
administration save and except such powers and functions as are vested in or assigned
to the Union or as are inherent or implied in the Union or resulting therefrom; and
4. wherein all power and authority of sovereign independent India, its constituent
parts and organs of Government are derived from the people and
5. wherein shall be guaranteed and secured to all the people of India justice, social,
economic and political; equality of status of opportunity, and before the law; freedom of
thought, expression, belief, faith, worship, vocation, association and action, subject to
law and public morality; and
6. wherein adequate safeguards shall be provided for minorities, backward and tribal areas,
and depressed and other backward classes; and
7. whereby shall be maintained the integrity of the territory of the Republic and its
sovereign rights on land, sea and air according to justice and the law of civilized nations;
and
8. This ancient land attains its rightful and honoured place in the world and makes its full
and willing contributions to the promotion of world peace and the welfare of mankind.
The Resolution was adopted by the Assembly on Jan 27 , 1947. It influenced the eventual
shaping of the Constitution through all its subsequent stages. Its modified version forms
the Preamble of the present Constitution.
Hence all three are the are the Objective Resolution passed by Nehru. So, option (d) is
correct.
Q.12) The Preamble secures to all the citizens equality of status and opportunity. Which of the
following provisions of the Constitution seek to give effect to the political dimension of
equality in the above context?
1. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
2. Elections to the Lok Sabha and state assemblies shall be on the basis of Adult suffrage.
3. State shall secure to men and women equal right to and adequate means of livelihood.
4. No person shall be declared ineligible for inclusion in electoral rolls on grounds of religion, race,
caste or sex.
Select the correct answer using the code given below:
(a) 1 and 2 only
(b) 2 and 4 only
(c) 2,3 and 4 only
(c) 1 and 3 only
EXPLANATION
There are two provisions in the Constitution that seek to achieve Political equality.
1. Article 325: No person shall be declared ineligible for inclusion in electoral rolls on
grounds of religion, race, caste, or sex.
2. Article 326: Elections to the Lok Sabha and state assemblies shall be on the basis of
Adult suffrage.
Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth is not
political equality ( Article 15).
The state shall secure to men and women equal right to and adequate means of livelihood
and equal pay for equal work is a DPSP (Article 39).
So, option (b) is correct.
ADDITIONAL INFORMATION
PREAMBLE
• The Preamble to the Indian Constitution is based on the ‘Objectives Resolution’, drafted and
moved by Pandit Nehru, and adopted by the Constituent Assembly’. It has been amended by
the 42nd Constitutional Amendment Act (1976), which added three new words—Socialist,
Secular and Integrity.
TEXT OF THE PREAMBLE
The Preamble in its present form reads:
We, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN
SOCIALIST SECULAR 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 and integrity of the Nation.
Q.13) Consider the following statements:
1. Preamble is a part of the Indian Constitution but it cannot be used to interpret the provisions
of the Constitution.
2. Preamble is neither the source of rights nor duties for the citizens.
3. Preamble can be amended only as per the provisions of article 368 of the Constitution.
Which of the above statements is//are correct?
(a) 1 and 2 only
(b) 2 only
(c) 2 and 3 only
(d) 1 and 3 only
EXPLANATION
A preamble is a part of the Indian Constitution. In the Kesavananda Bharati case, SC held
that the Preamble is part of the Indian Constitution. It is observed that Preamble is of extreme
importance and the Constitution should be read and interpreted in the light of the grand
and noble vision expressed in the Preamble. So, Statement 1 is not correct.
Preamble is neither a source of power to legislature nor a Prohibition upon the powers of
legislature. It is neither the source of rights nor the duties for the citizens. Preamble indicates
only the general purposes for which the people ordained and established the Constitution. It
cannot be regarded and has never been regarded as the source of any source of any
substantive power conferred on the Government or any of its departments. So, Statement 2 is
correct.
Preamble can be amended only under Article 368 of the Constitution. The SC held that
Preamble is a part of the Constitution and the ‘basic features’ cannot be altered by an
amendment under Article 368. So, Statement 3 is correct.
Q.14) Which of the above statements is incorrect?
(a) Socialism believes that all the resources should be owned by the state and used for people's
welfare.
(b) Socialism advocates the elimination of private property.
(c) Socialism empowers the state to use force to take away private property.
(d) All the above statements are correct.
EXPLANATION
Socialism's main motive is to abolishing of Private property. Socialists were against private
property. They saw it as the root of all social ills of the time. Therefore, the socialists wanted the
whole population to control the property rather than an individual so that more attention would
be paid to collective social interests.
Under socialism, states are also empowered to use force to take away private property.
Under socialism, all citizens share the economic resources equally as allocated by a
democratically-elected government. It is where all the resources are owned by the state and
distributed equally to the people's welfare. So, option (d) is correct.
ADDITIONAL INFORMATION
Socialism
• Socialism is an economic system where everyone in the society equally owns the factors of
production. The ownership is acquired through a democratically elected government. It could
also be a cooperative or public corporation in which everyone owns shares.
• The socialist government employs centralized planning to allocate resources based on both the
needs of individuals and society as a whole.
• Economic output is distributed according to each individual’s ability and level of contribution.
Difference between socialism and communism
• Under communism, the people are compensated or provided for based on their needs. In a
pure communist society, the government provides most or all food, clothing, housing and other
necessities based on what it considers to be the needs of the people. Socialism is based on the
premise the people will be compensated based on their level of individual contribution to the
economy. Effort and innovation are thus rewarded under socialism.
Q.15) With reference to India Secularism, consider the following statements:
1. The Indian Secularism envisions equal protection by state to all religions.
2. The right to freedom of religion of the citizens can be restricted on the grounds of public order,
health and morality.
3. The citizens cannot be forced to pay taxes for the promotion of any particular religion.
Which of the above statements is//are correct?
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3
EXPLANATION
The Indian Constitution embodies a positive concept of Secularism that all the religion in
our country irrespective of their strength has equal protection, same status, and support
from the State. So, statement 1 is correct.
Freedom of religion is subject to certain limitations. The government can impose
restrictions on the practice of freedom of religion in order to protect public order, morality
and health. This means that the freedom of religion is not an unlimited right. The
government can interfere in religious matters for rooting out certain social evils. So,
Statement 2 is correct.
According to Article 27, the citizens cannot be forced to pay taxes for the promotion or
maintenance of any particular religion or religious denominations. So, Statement 3 is
correct.
Q.16) With reference to fundamental rights under part III of the Constitution, which of the
following statements is/are correct?
1. All the fundamental rights are available only against arbitrary state action and not against
private individuals.
2. If rights of an individual are violated by the state, the Constitution does not provide for any
explicit mechanism for its enforcement.
3. Most of the rights are negative in character.
Select the correct answer using the code given below:
(a) 1 only
(b) 2 and 3 only
(c) 3 only
(d) 1 and 3 only
EXPLANATION
Most of the fundamental rights are available only against arbitrary state action. However,
some of them are also available against the action of private individuals. When the rights that
are available against the state’s action only or violated by private individuals, there are no
constitutional remedies but only ordinary legal remedies So, Statement 1 is not correct.
Right to Constitutional remedies under Article 32 is the explicit mechanism available for
enforcement of the fundamental rights if the rights of an individual are violated by the state.
It is the very soul of the Constitution and the very heart of it. So, Statement 2 is not
correct.
Most of the rights are negative in character that they place limitations on the authority of the
state, while others are positive in nature, conferring certain privileges on the persons. So,
Statement 3 is correct.
ADDITIONAL INFORMATION
Features of Fundamental Rights
• Some of them are available only to the citizens while others are available to all persons whether
citizens, foreigners or legal persons like corporations or companies.
• They are not absolute but qualified. The state can impose reasonable restrictions on them.
However, whether such restrictions are reasonable or not is to be decided by the courts. Thus,
they strike a balance between the rights of the individual and those of the society as a whole,
between individual liberty and social control.
• They are justiciable, allowing persons to move the courts for their enforcement, if they are
violated.
• They are defended and guaranteed by the Supreme Court. Hence, the aggrieved person can
directly go to the Supreme Court, not necessarily by way of appeal against the judgement of
the high courts.
• They are not sacrosanct or permanent. The Parliament can curtail or repeal them but only by a
constitutional amendment act and not by an ordinary act. Moreover, this can be done without
affecting the ‘basic structure’ of the Constitution. (The amenability of fundamental rights is
explained in detail in Chapter 11).
• They can be suspended during the operation of a National Emergency except the rights
guaranteed by Articles 20 and 21. Further, the six rights guaranteed by Article 19 can be
suspended only when emergency is declared on the grounds of war or external aggression (i.e.,
external emergency) and not on the ground of armed rebellion (i.e., internal emergency). (The
suspension of fundamental rights during a national Emergency is explained in detail in
Chapter 16).
• Their scope of operation is limited by Article 31A (saving of laws providing for acquisition of
estates, etc.), Article 31B (validation of certain acts and regulations included in the 9th
Schedule) and Article 31C (saving of laws giving effect to certain directive principles).
• Their application to the members of armed forces, para-military forces, police forces,
intelligence agencies and analogous services can be restricted or abrogated by the Parliament
(Article 33).
• Their application can be restricted while martial law is in force in any area. Martial law means
‘military rule’ imposed under abnormal circumstances to restore order (Article 34). It is
different from the imposition of national emergency.
• Most of them are directly enforceable (self-executory) while a few of them can be enforced on
the basis of a law made for giving effect to them. Such a law can be made only by the
Parliament and not by state legislatures so that uniformity throughout the country is
maintained (Article 35).
Q.17) Consider the following:
1. Ordinance
2. Bye- laws
3. Rules and regulations
4. Customs
Which of the above are included in the scope of ‘law’ as per article 13 of the Constitution?
(a) 1 and 2 only
(b) 1,2 and 3 only
(c) 1 and 3 only
(d) 1,2,3 and 4
EXPLANATION
The term Law’ in Article 13 has been given a wide connotation so as to include the
following:
a) Permanent laws enacted by the Parliament or the state legislatures;
b) Temporary Jaws like ordinances issued by the president or the state governors;
c) Statutory instruments in the nature of delegated legislation (executive legislation)
like order, bye-law, rule, regulation or notification; and
d) Non-legislative sources of law, that is custom or usage having the force of law
All the four are included in the scope of ‘law’ as per article 13 of the Constitution. So,
option (d) is correct.
Q.18) The term ‘Popular Sovereignty’ in the Indian context can be best understood by which of
the following statements?
(a) India is a republic with an elected head of the state
(b) The Parliament is independent to make laws for its citizens within and outside the Indian
territory.
(c) The real power of governance lies with the head of the government in India
(d) The Executive in India is collectively responsible to the legislature.
EXPLANATION
The term Popular Sovereignty can be best understood as “India is a republic with an
elected head of the state”. Popular sovereignty is a government based on the consent of
the people. The government’s source of authority is the people, and its power is not
legitimate if it disregards the will of the people. The government established by free
choice of the people is expected to serve the people, who have sovereignty, or supreme
power. So, option (a) is correct.
Q.19) Consider the following statements:
1. Rights place an obligation upon every individual to respect each other’s rights.
2. Natural rights are inalienable and inseparable from human personality.
3. Right to free trial is not a fundamental but a legal right in India.
Which of the above statements is//are correct?
(a) 1 and 2 only
(b) 2 only
(c) 2 and 3 only
(d) 1 and 3 only
EXPLANATION
Every human deserve to be respected and have the right to live with dignity. Rights place an
obligation upon every individual to respect each other’s rights which involves protection of
each other’s rights. In India it is constitutional mandate of judiciary to protect human rights of
the citizens. Supreme Court and High Courts are empowered to take action to enforce these
rights. Machinery for redress is provided under Articles 32 and 226 of the constitution. So,
Statement 1 is correct.
Natural rights are rights that are acquired by birth. The natural right includes the right to life,
liberty, dignity, and freedom. Natural rights are inalienable. They should not be taken away,
except in specific situations and according to due process. For example, the right to liberty
may be restricted if a person is found guilty of a crime by a court of law. The idea of natural
rights is inseparable from the doctrine that all human beings, regardless of extrinsic
differences in a circumstance like a nationality, class, religion, or physical condition such as
race, gender, age, etc. share an identical set of powers and freedoms. So, Statement 2 is
correct.
Right to speedy trail is a fundamental right under that Article 21 of the Indian Constitution.
But right to free trail is not a fundamental right. So, Statement 3 is not correct.
Q.20) Which of the following is/are mandated under the Right to Education Act, 2009?
1. 25 percent seats in private schools to be reserved for children belonging to economically
weaker sections.
2. A school management committee with 50 percent members being women or parents of
underprivileged children.
3. Right to completion of elementary education and a completion certificate.
Select the correct answer using the code given below:
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1,2 and 3
EXPLANATION
The RTE act 2009 provided that 25 % of the seats in private schools must be reserved for the
children belonging to the Economically weaker sections and the disadvantaged categories.
So, statement 1 is correct.
The Right of Children to Free and Compulsory Education (RTE) Act 2009 insists upon
schools to constitute School Management Committees (SMCs) comprising local authority
officials, parents, guardians, and teachers. RTE also mandates the inclusion of 50 percent
women and parents of children from disadvantaged groups in SMCs. Such community
participation will be crucial to ensuring a child-friendly environment. So, Statement 2 is
correct.
The RTE act 2009 also provides the right to completion of elementary education. No child
shall be required to pass any Board examination till completion of elementary education.
Every child completing his elementary education shall be awarded a certificate in such form
and in such manner, as may be prescribed. So, Statement 3 is correct.
ADDITIONAL INFORMATION
RTE ACT 2009
• The Right of Children to Free and Compulsory Education Act or Right to Education Act (RTE),
is an Act of the Parliament of India enacted on 4 August 2009, which describes the modalities
of the importance of free and compulsory education for children between 6 and 14 in India
under Article 21a of the Indian Constitution.
• India became one of 135 countries to make education a fundamental right of every child when
the Act came into force on 1 April 2010.
• It also prohibits all unrecognized schools from practice and makes provisions for no donation
or capitation fees and no interview of the child or parent for admission.
• The Act also provides that no child shall be held back, expelled, or required to pass a board
examination until the completion of elementary education.
• The Right of Children to Free and Compulsory Education (RTE) Act, 2009 in its Schedule lays
down Pupil-Teacher Ratio (PTR) for both primary and upper primary schools. At the primary
level, the PTR should be 30:1 and at the upper primary level, it should be 35:1.
• Proof of age for admission - For the purposes of admission to elementary education, the age
of a child shall be determined on the basis of the birth certificate issued in accordance with the
provisions of the Births, Deaths and Marriages Registration Act, 1886 (6 of 1886) or on the
basis of such other document, as may be prescribed.
• No child shall be denied admission in a school for lack of age proof.
• No denial of admission.—A child shall be admitted in a school at the commencement of the
academic year or within such extended period as may be prescribed:
• Provided further that any child admitted after the extended period shall complete his studies in
such manner as may be prescribed by the appropriate Government.
• Prohibition of holding back and expulsion.—No child admitted in a school shall be held back
in any class or expelled from school till the completion of elementary education.
• Prohibition of physical punishment and mental harassment to child.— No child shall be
subjected to physical punishment or mental harassment
• The School Management Committee shall perform the following functions, namely:
a. monitor the working of the school;
b. prepare and recommend school development plan;
c. monitor the utilization of the grants received from the appropriate Government or local
authority or any other source; and
d. perform other such functions as may be prescribed
Q.21) If a person is arrested under Preventive detention law, which of the following safeguards
is/are available to him under article 22 of the Indian Constitution?
1. No detention beyond three months unless an advisory body recommends for extension.
2. Right to be produced before the nearest Magistrate within 24 hours of arrest.
3. Right to be communicated on the ground of arrest.
Select the correct answer using the code given below:
(a) 1 only
(b) 1 and 3 only
(c) 2 and 3 only
(d) 1,2 and 3
EXPLANATION
The second part of Article 22 grants protection to persons who are arrested or detained
under a preventive detention law. This protection is available to both citizens as well as
aliens and includes the following provisions
1. The detention of a person cannot exceed three months unless an advisory board reports
sufficient cause for extended detention. The board is to consist of judges of a high
court.
2. The grounds of detention should be communicated to the detenu. However, the facts
considered to be against the public interest need not be disclosed.
3. The detenu should be allowed to make a representation against the detention order.
Right to be produced before the nearest Magistrate within 24 hours of arrest is not
available to the individual detained under Preventive Detention.
So, option (b) is correct
ADDITIONAL INFORMATION
Article 22
• Article 22 grants protection to persons who are arrested or detained.
• Detention is of two types, namely, punitive and preventive. Punitive detention is to punish a
person for an offence committed by him after trial and conviction in a court.
• Preventive detention, on the other hand, means detention of a person without trial and
conviction by a court. Its purpose is not to punish a person for a past offence but to prevent
him from committing an offence in the near future.
• Thus, preventive detention is only a precautionary measure and based on suspicion.
• Article 22 has two parts—the first part deals with the cases of ordinary law and the second
part deals with the cases of preventive detention law.
• The first part of Article 22 confers the following rights on a person who is arrested or detained
under an ordinary law:
• Right to be informed of the grounds of arrest.
• Right to consult and be defended by a legal practitioner.
• Right to be produced before a magistrate within 24 hours, including the journey time.
• Right to be released after 24 hours unless the magistrate authorizes detention
• These safeguards are not available to an enemy alien or a person arrested or detained under a
preventive detention law.
Q.22) Consider the following statements:
1. The rule of law under article 14 is part of basic structure and cannot be amended by the
Parliament.
2. The rule of equality before law is an absolute right.
3. Any law made by state to implement the directive principles contained in article 39 cannot be
violative of article 14 of the Constitution.
Which of the above statements is//are correct?
(a) 1 and 2 only
(b) 3 only
(c) 2 only
(d) 1 only
EXPLANATION
In the case of Indira Nehru Gandhi v. Raj Narayan SC held that Rule of Law embodied in Article
14 of the Constitution is the “basic feature” of the Indian Constitution and hence it cannot be
destroyed even by an amendment of the Constitution under Article 368 of the Constitution. So,
Statement 1 is correct.
The rule of equality before the law is not absolute and there are exceptions to it. Example: The
President and Governor enjoys some immunities such as
1. The Persistent or Governor is not answerable to any court for the exercise and performance
of the powers and duties of his office
2. No criminal proceedings shall be initiated or continued against the President or Governor in
any court during his term of office.
So, Statement 2 is not correct.
Article 31-C is an exception to Article 14. It provides that the laws made by the state for
implementing the Directive Principles contained in clause (b) or clause (c) of Article 39 cannot be
challenged on the ground that they are violative of Article 14. The Supreme Court held that
“where Article 31-C comes in, Article 14 goes out”. So, Statement 3 is not correct.
Q.23) With reference to right to freedom of religion granted under article 28 of the
Constitution, consider the following statements:
1. Religious instruction is completely prohibited only in institutions which are wholly maintained
by the state.
2. The constitution allows for mandatory religious instructions in institutions which are
established under any endowment or trust.
Which of the above statements is//are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
EXPLANATION
Under Article 28, no religious instruction shall be provided in any educational institution
wholly maintained out of state funds. However, this shall not apply to the educational
institution administered by the state but established under any endowment or trust,
requiring imparting of religious instructions in such institution. So, Statement 1 is correct.
Religious instructions are permitted in the institution administered by the state but
established under any endowment or trust. But it is not constitutional mandatory. So,
Statement 2 is not correct.
Q.24) Consider the following statements with respect to right to Constitutional remedies
under the Indian Constitution:
1. Parliament has the power to empower any court other than the Supreme court to issue writs
for the enforcement of fundamental rights.
2. The right to move the supreme court under article 32 cannot be suspended during a national
emergency.
Which of the above statements is//are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
EXPLANATION
Parliament can empower any other court to issue directions, orders, and writs of all kinds.
However, this can be done without prejudice to the above powers conferred on the Supreme
Court. Any other court here does not include high courts because Article 226 has already
conferred these powers on the high courts. So, statement 1 is correct.
The right to move the Supreme Court shall not be suspended except as otherwise provided
for by the Constitution. Thus the Constitution provides that the President can suspend the
right to move any court for the enforcement of the fundamental rights during a national
emergency (Article 359). So, statement 2 is not correct.
Q.25) Consider the following statements:
1. The writ is issued by the court which calls upon a public authority to fulfill its public duty to
which it is bound under any enactment.
2. It can never be issued against any private individual.
3. The writ ensures that the will of the legislature is properly followed during the process of
administration.
Which of the following writs is being described above?
(a) Mandamus
(b) Prohibition
(c) Quo Warranto
(d) Certiorari
EXPLANATION
The above-mentioned writ is Mandamus.
• It means ‘we command’. It is a command issued by the court to a public official
asking him to perform the official duties that he has failed or refused to perform.
• It can also be issued against any public body, a corporation, an inferior court, a
tribunal, or government for the same purpose.
The writ of mandamus cannot be issued
1. against a private individual or body;
2. to enforce departmental instruction that does not possess statutory force;
3. when the duty is discretionary and not mandatory;
4. to enforce a contractual obligation;
5. against the president of India or the state governors; and
6. Against the chief justice of a high court acting in judicial capacity.
So, option (a) is correct.
ADDITIONAL INFORMATION
Writs
The Supreme Court shall have power to issue directions or orders or writs for the enforcement of any
of the fundamental rights. The writs issued may include habeas corpus, mandamus, prohibition,
certiorari and quo-warranto.
Habeas
Corpus
It is a Latin term which literally means ‘to have the body of. It is an order
issued by the court to a person who has detained another person, to
produce the body of the latter before it. The court then examines the cause
and legality of detention. It would set the detained person free, if the
detention is found to be illegal. Thus, this writ is a bulwark of individual
liberty against arbitrary detention.
The writ of habeas corpus can be issued against both public authorities as
well as private individuals. The writ, on the other hand, is not issued where
the (a) detention is lawful, (b) the proceeding is for contempt of a legislature
or a court, (c) detention is by a competent court, and (d) detention is
outside the jurisdiction of the court.
Prohibition Literally, it means ‘to forbid’. It is issued by a higher court to a lower court
Or tribunal to prevent the latter from exceeding its jurisdiction or usurping
a jurisdiction that it does not possess. Thus, unlike mandamus that directs
activity, the prohibition directs inactivity. The writ of prohibition can be
issued Only against judicial and quasi-judicial authorities,
It is not available against administrative authorities, legislative bodies, and
private individuals or bodies.
Certiorari In the literal sense, it means ‘to be certified’ or ‘to be informed’. It is issued
by a higher court to a lower court or tribunal either to transfer a case
pending with the latter to itself or to squash the order of the latter in a case.
It is issued on the grounds of excess of jurisdiction or lack of jurisdiction or
error of law. Thus, unlike prohibition, which is only preventive, certiorari is
both preventive as well as curative.
Previously, the writ of certiorari could be issued only against judicial and
quasi-judicial authorities and not against administrative authorities.
However, in 1991, the Supreme Court ruled that the certiorari can be
issued even against administrative authorities affecting rights of
individuals.
Like prohibition, certiorari is also not available against legislative bodies
and private individuals or bodies
Quo-
Warranto
In the literal sense, it means ‘by what authority or warrant’. It is issued by
the court to enquire into the legality of claim of a person to a public office.
Hence, it prevents illegal usurpation of public office by a person.
The writ can be issued only in case of a substantive public office of a
permanent character created by a statute or by the Constitution. It cannot
be issued in cases of ministerial office or private office.
Unlike the other four writs, this can be sought by any interested person and
not necessarily by the aggrieved person.
Q.26) With reference to Right to Property in the Indian Constitution, consider the following
statements:
1. The 42nd constitutional amendment act abolished the right to property as a fundamental right
and made it a legal right.
2. Right to property is a part of the basic structure of the Constitution.
3. The state is not mandated to provide compensation in case of acquisition of private property.
Which of the above statements is//are correct?
(a) 1 and 2 only
(b) 3 only
(c) 1 and 3 only
(d) 2 and 3 only
EXPLANATION
The 44th Amendment Act of 1978 abolished the right to property as a Fundamental Right by
repealing Article 19(1) (f) and Article 31 from Part III. Instead, the Act inserted a new Article
300A in Part XII under the heading ‘Right to Property’. It provides that no person shall be
deprived of his property except by authority of law. So, Statement 1 is not correct.
It is not a part of the basic structure of the Constitution. Thus, the right to property still
remains a legal right or a constitutional right, though no longer a fundamental right. So,
Statement 2 is not correct.
The state is not guaranteed to provide compensation in case of acquisition or requisition of
private property by the state.
However, Part III carries two provisions that provide guaranteed right to compensation in
case of acquisition and requisition of private property by the state.
a. When the State acquires the property of a minority educational institution (Article 30);
b. When the State acquires the land held by a person under his personal cultivation and the
land is within the statutory ceiling limits (Article 31 A).
The first provision was added by the 44th Amendment Act (1978), while the second provision
was added by the 17th Amendment Act (1964). So, statement 3 is correct.
Q.27) Consider the following:
1. Duty of the state government to promote instructions in mother tongue at the primary stage of
education to children belonging to linguistic minority groups.
2. Duty of the union to promote the spread of Hindi language.
Which of the above directives are mentioned under part IV of the Constitution?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
EXPLANATION
The Constitution contains certain special directives to protect the interests of linguistic
minorities and to promote the development of Hindi language. There are:
Protection of Linguistic Minorities
In this regard, the Constitution made the following provisions:
1. It shall be the endeavour of every State and of every local authority within the State to
provide adequate facilities for instruction in the mother-tongue at the primary stage of
education to children belonging to linguistic minority groups; and the President may issue
such directions to any State as he considers necessary or proper for securing the provision
of such facilities. This provision is related to Part XVII of the Indian constitution(Official
Language)
Article 351 - It shall be the duty of the Union to promote the spread of the Hindi language, to
develop it so that it may serve as a medium of expression for all the elements of the composite
culture of India and to secure its enrichment by assimilating without interfering with its
genius, the forms, style and expressions used in Hindustani and in the other languages of
India specified in the Eighth Schedule, and by drawing, wherever necessary or desirable, for its
vocabulary, primarily on Sanskrit and secondarily on other languages. This provision is also
related to part XVII of the Indian Constitution.
Both the provisions are related to Part XVII of the Indian constitution(Official Language). So,
option (d) is correct.
ADDITIONAL INFORMATION
Official Language Act 1963
• The Official Languages Act (1963) lays down that English should be used for purposes of
communication between the Union and the non-Hindi states (that is, the states that have not
adopted Hindi as their official language).
• Further, where Hindi is used for communication between a Hindi and a non-Hindi state, such
communication in Hindi should be accompanied by an English translation.
• The Official Languages Act of 1963 lays down that Hindi translation of acts, ordinances,
orders, regulations and bye-laws published under the authority of the president is deemed to
be authoritative texts. Further, every bill introduced in the Parliament is to be accompanied by
a Hindi translation. Similarly, there is to be a Hindi translation of state acts or ordinances in
certain Cases.
• The constitutional provisions dealing with the language of the courts and legislation are as
follows:
• Until Parliament provides otherwise, the following are to be in the English language only:
o All proceedings in the Supreme Court and in every high court.
o The authoritative texts of all bills, acts, ordinances, orders, rules, regulations and bye-
laws at the Central and state levels’.
• However, the governor of a state, with the previous consent of the president, can authorise the
use of Hindi or any other official language of the state, in the proceedings in the high court of
the state, but not with respect to the judgements, decrees and orders passed by it. In other
words, the judgements, decrees and orders of the high court must continue to be in English
only (until Parliament otherwise provides).
• Similarly, a state legislature can prescribe the use of any language (other than English) with
respect to bills, acts, ordinances, orders, rules, regulations, or bye-laws, but a translation of
the same in the English language is to be published
Q.28) With reference to fundamental duties, consider the following statements:
1. Fundamental duties can be used by courts in determining the constitutional validity of a law.
2. They are not enforceable by courts but can be enforced by law.
3. Fundamental duties are applicable to both citizens and foreigners.
Which of the above statements is//are correct?
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 only
(d) 3 only
EXPLANATION
Fundamental duties help the courts in examining and determining the constitutional validity
of a law. In 1992, the Supreme Court ruled that in determining the constitutionality of any
law, if a court finds that the law in question seeks to give effect to a fundamental duty, it may
consider such law to be ‘reasonable’ in relation to Article 14 (equality before law) or Article 19
(six freedoms) and thus save such law from unconstitutionality. So, Statement 1 is
correct.
Fundamental Duties are non – Justiciable. Constitution does not provide any direct
enforcement by the courts. However, Parliament is free to enforce them by suitable legislation
and by making laws to enforce them. So, Statement 2 is correct.
Fundamental Duties are only available to the citizens and does not extend to the foreigners.
So, Statement 3 is not correct.
Q.29) Consider the following:
1. Untouchability
2. Scheduled caste
3. Religious minorities
4. Martial law
Which of the above terms have been defined in the Indian Constitution?
(a) 1 and 2 only
(b) 3 only
(c) 2 and 4 only
(d) None
EXPLANATION
The term Untouchability is not defined anywhere in the Constitution or Act.
The term Martial law is not defined in the Constitution but literally, it means 'military rule'.
Martial law is imposed under extraordinary circumstances like war, invasion, insurrection,
rebellion, riot, or any violent resistance to the law.
The term Religious minorities is not defined anywhere in the Constitution. However, the term
minorities are used in Article 29 – 30.
The term Scheduled Caste is not defined anywhere in the Constitution. Only the provisions for
establishing a community as SC are defined in the Constitution.
Thus, one of the above terms is defined in the Indian Constitution. So, option (d) is correct.
Q.30) Consider the following statements:
1. Article 1 recognises India as the official name of the country.
2. The Union of India includes all the states along with the union territories but excludes the
territories that may be acquired by the government at any time.
3. The Indian federation resembles more closely with the Canadian federation than the American
federation.
Which of the above statements is//are correct?
(a) 1 and 2 only
(b) 2 and 3 only
(c) 3 only
(d) 1,2 and 3
EXPLANATION
Article 1 recognizes India that is Bharat as the official name of the Country. There was no
unanimity in the Constituent Assembly with regard to the name of the country. Some
members suggested the traditional name (Bharat), while other advocated the modern name
(India). Hence, the Constituent Assembly had to adopt a mix of both (‘India, that is,
Bharat’)So, Statement 1 is not correct.
The Union of India includes only the states; it excludes Union territories and the territories
that may be acquired by the government at any time. The Territory of India includes all
States, Union territories and the territories that may be acquired by the government of India
at any future time. So, Statement 2 is not correct.
The Indian federation resembles more closely with the Canadian federation than the
American federation, because the Indian federation is not the result of an agreement among
the states like the American federation and the States have no rights to secede from the
federation. So, Statement 3 is correct.
Q.31) Which of the following statements are correct in Indian context?
(a) Laws made by Parliament for admission or establishment of new states are not to be
considered as amendments of the Constitution under article 368.
(b) The Indian territory can be ceded to a foreign territory by executive action and does not require
Constitutional amendment.
(c) The settlement of boundary disputes between India and another country requires amending
the Constitution under article 368.
(d) None of these are correct.
EXPLANATION
The Constitution (Article 4) itself declares that laws made for admission or establishment of new
states (under Article 2) and formation of new states and alteration of areas, boundaries, or names
of existing States (under Articles 3) are not to be considered as amendments of the Constitution
Article 368. This means that such laws can be passes by a simple majority and by the ordinary
legislative process. So, Statement 1 is correct.
The Indian territory can be ceded to a foreign territory, only by the Constitutional amendment
under Article 368. It cannot be done by Executive action. So, Statement 2 is not correct.
SC in 1968 ruled that the settlement of boundary disputes between India and another country
requires does not require Constitutional amendment under Article 368. It can be done by executive
action as it does not involve the cession of Indian Territory to a foreign country. So, Statement 3
is not correct.
Q.32) If a person wishes to acquire the Indian citizenship by naturalisation, which of the
following conditions must be fulfilled?
1. He should have denounced the citizenship of any foreign country before applying for the Indian
citizenship.
2. He should have resided in India or been in the government service throughout the period of
twelve months immediately preceding the date of application.
3. He should have an adequate knowledge of a language specified in the Eighth schedule to the
Constitution.
Select the correct answer using the code given below:
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1,2 and 3
EXPLANATION
The Central Government may, On an application, grant a certificate of naturalisation to any
person (not being an illegal migrant) if he possesses the following qualifications:
a. he is not a subject or citizen of any country where citizens of India are prevented from
becoming subjects or citizens of that country by naturalisation;
b. if he is a citizen of any country, he undertakes to renounce the citizenship ( not to be
denounced) of that country in the event of his application for Indian citizenship being
accepted;
c. he has either resided in India or been in the service of a Government in India or partly
the one and partly the other, throughout the period of twelve months immediately
preceding the date of the application;
d. During the fourteen years immediately preceding the said period of twelve months, he has
either resided in India or been in the service of a Government in India, or partly the one and
partly the other, for periods amounting in the aggregate to not less than eleven years;
e. that he is of good character;
f. that he has an adequate knowledge of a language specified in the Eighth Schedule to
the Constitution and
g. that in the event of a certificate of naturalisation being granted to him, he intends to reside in
India, or to enter into or continue in, service under a Government in India or under an
international organisation of which India is a member or under a society, company or body of
persons established in India.
The Government of India may waive all or any of the above conditions for naturalisation in the
case of a person who has rendered distinguished service to science, philosophy, art, literature,
world peace or human progress. Every naturalised citizen must take an oath of allegiance to the
Constitution of India.
So, option (b) is correct.
Q.33) Which of the following benefits are entitled to an Overseas Citizen of India(OCI)
cardholder?
1. Multiple entry lifelong visas for visiting India for any purpose.
2. Exemption from registration with Foreigners regional Registration officer (FRRO) for any length
of stay in India.
3. Parity with Non resident Indians is respect of facilities in economic, financial and education
including matters related to acquisition of agricultural or plantation properties.
Select the correct answer using the code given below:
(a) 1 and 2 only
(b) 2 only
(c) 1 and 3 only
(d) 1,2 and 3
EXPLANATION
Listed here are the some of the benefits available to OCI card holders.
i. Multiple entry lifelong visa for visiting India for any purpose (However OCI
Cardholders will require Special permission to undertake research work in India for
which they may submit the application to the Indian Mission/ Post/ FRRO concerned).
ii. Exemption from registration with Foreigners Regional Registration Officer (FRRO)
or Foreigners Registration Officer (FRO) for any length of stay in India.
iii. Parity with Non-Resident Indians in respect of all facilities available to them in
economic, financial, and educational fields except in matters relating to the
acquisition of agricultural or plantation properties.
iv. Registered Overseas Citizen of India Cardholder shall be treated at par with Non-Resident
Indians in the matter of inter-country adoption of Indian children.
v. Registered Overseas Citizen of India Cardholder shall be treated at par with resident
Indian nationals in the matter of tariffs in air fares in domestic sectors in India.
vi. Registered Overseas Citizen of India Cardholders shall be charged the same entry fee as
domestic Indian visitors to visit national parks and wildlife sanctuaries in India.
vii. Parity with Non-Resident Indians (NRI) in respect of:
A. entry fees to be charged for visiting the national monuments, historical sites, and
museums in India.
B. pursuing the following professions in India, in pursuance of the provisions contained in
the relevant Acts, namely:
a. doctors, dentists, nurses and pharmacists;
b. advocates
c. architects
d. Chartered accountants.
C. to appear for the All India Pre-Medical Test or such other tests to make them eligible for
admission in pursuance of the provisions contained in the relevant Acts.
So, option (a) is correct.
ADDITIONAL INFORMATION
OCI
The Citizenship Amendment Act 2015 replaced the nomenclature of “ Overseas Citizen of India” with
that of “Overseas Citizen of India Cardholder”.
Following categories of foreign nationals are eligible for registration as Overseas Citizen of India
• Who was a citizen of India at the time of, or at any time after the commencement of the
Constitution i.e. 26.01.1950; or
• who was eligible to become a citizen of India on 26.01.1950; or who belonged to a territory that
became part of India after 15.08.1947; or
• who is a child or a grandchild or a great grandchild of such a citizen (mentioned in (1) to (3)
above) ; or
• who is a minor child of such persons mentioned above; or
• who is a minor child and whose both parents are citizens of India or one of the parents is a
citizen of India; or
• spouse of foreign origin of a citizen of India or spouse of foreign origin of an Overseas Citizen of
India Cardholder registered under section 7A of the Citizenship Act, 1955 and whose marriage
has been registered and subsisted for a continuous period of not less than two years
immediately preceding the presentation of the application.
Q.34) Consider the following pairs:
Supreme court
judgements Popular name
1. Indira Nehru Gandhi
case
- Fundamental
rights case
2. Indra Sawhney case - Mandal case
3. Kihoto Hollohan case - Defection case
4. I.R Coelho case - IX schedule case
Which of the above given pairs is/are correctly matched?
(a) 1, 2 and 3 only
(b) 3 and 4 only
(c) 2, 3 and 4 only
(d) 1 and 2 only
EXPLANATION
Q.35) With reference to the procedure for amendment of the Constitution under article 368,
consider the following statements:
1. A bill for amending the constitution can be initiated in either house of the parliament but not
in a state legislature.
2. The introduction of a constitutional amendment bill requires prior approval of the President.
3. The 24th Constitutional amendment act made the assent of the President mandatory.
1.Indira Nehru Gandhi - It is popularly known as Election Case.
1. India as a sovereign democratic republic
2. Equality of status and opportunity of an individual
3. Secularism and freedom of conscience and religion Government of laws and not of
men (i.e., Rule of Law)
4. Judicial review
5. Free and fair elections which is implied in democracy
These are some elements of basic structure declared by the SC in Indira Nehru Gandhi
case.
2. Indra Sawhney case - It is popularly known as Mandal case.
Rule of Law is the basic structure declared by the SC in Indra Sawhney Case.
3. Kihoto Hollohon Case – Popularly known as Defection case
1. Free and fair elections
2. Sovereign, democratic, republican, structure.
These are the basic structure declared by SC on Kihoto Hollon Case.
4.I.R. Coelho Case – Popularly known as IX schedule case.
1. Rule of Law
2. Separation of powers
3. Principles underlying fundamental rights
4. Judicial review
5. Principle of equality
These are basic structure declared by SC on Coelho Case.
So, option (c) is correct.
Which of the above statements is//are correct?
(a) 1 only
(b) 1 and 2 only
(c) 1 and 3 only
(d) 2 and 3 only
EXPLANATION
An Amendment of the Constitution can be initiated only by the introduction of a bill for the
purpose in either house of Parliament and not in the state Legislatures. So, Statement 1 is
correct.
The Bill can be either introduced by Minister or a private member and does not require prior
permission of the President. So, Statement 2 is not correct.
The 24th Constitutional Amendment Act made the assent of the President Obligatory. Thus
President must give his assent to the bill. He can neither withhold nor return the bill for
reconsideration of the Parliament. So, Statement 3 is correct
Q.36) For amending the provisions of the Constitution related to the federal features, which of
the following statements is/are correct?
1. The bill must be passed by a special majority of both the houses of the Parliament.
2. The bill must receive the consent of half of the state legislature by a special majority.
3. The Constitution has provided a maximum time limit of six months for the states to give their
consent to the bill.
Select the correct answer using the code given below:
(a) 1 only
(b) 1 and 2 only
(c) 2 and 3 only
(d) 1 and 3 only
EXPLANATION
Constitutional Amendment Bill must be passed in each House by a special majority that is the
majority of the total membership of the House and majority of two-third members of the
House present and voting. Each House must pass the bill separately. So, Statement 1 is
correct.
If the bill seeks to amend the federal feature of the Constitution, it must also be ratified by the
legislatures of half of the states by a simple majority (not the special majority) that is the
majority of the members of the House present and voting. So, Statement 2 is not correct.
The Constitution does not provide any time frame within which the state legislatures should
ratify or reject an amendment submitted to them. Also, Constitution does not mention
whether states can withdraw their approval after according the same. So, Statement 3 is
not correct.
Q.37) ‘Asymmetric federalism’ is an important characteristic of the Indian political system.
Which of the following provisions is/are related to it?
1. Governance of 5th and 6th schedule areas
2. Special provisions for states like Gujarat, Andhra Pradesh, etc.
3. Central government power to appoint Governors.
4. Central government power to appoint members of All India services.
Select the correct answer using the code given below:
(a) 1,2 and 3 only
(b) 1 and 2 only
(c) 3 and 4 only
(d) 1,2,3 and 4
EXPLANATION
Asymmetric federalism means federalism based on unequal powers and relationships in
political, administrative, and fiscal arrangements between the units constituting a federation.
Asymmetric federalism means different constituent states possess different powers. One or
more of the states has considerably more independence than the others, though they have the
same constitutional status. The division of powers is not symmetric.
Governance of 5th and 6th schedule areas are different from other states and more autonomy are
given to them and the special provisions are given to the states like Gujarat, Andhra Pradesh.
For Example, The President can pass an order to provide equitable opportunities and facilities
to the people belonging to different parts of Andhra Pradesh in public employment and
education.
The Appointment of the Governor to the states and Appointment of members of All India
Civil Services is a Unitary feature of the Constitution.
So, option (b) is correct.
Q.38) Which of the following is/are the necessary features of a federal government?
1. Dual government
2. Integrated judiciary
3. Division of power between national and regional government
4. Bicameral legislature
Select the correct answer using the code given below:
(a) 1,2 and 3 only
(b) 1 and 3 only
(c) 1,3 and 4 only
(d) 2 and 4 only
EXPLANATION
Listed here are the some of the necessary features of federal government
1. Dual government
2. Independent Judiciary
3. Division of power
4. Bicameral legislature
5. Written Constitution
6. Supremacy of the Constitution
7. Rigid Constitution
Integrated Judiciary is a future of a Unitary Government it is not a future of federal
government.
So, option (c) is correct.
Q.39) With respect to territorial jurisdiction of central and state governments, consider the
following statements:
1. The power of extra territorial legislation is vested in the Parliament and not the state
legislatures.
2. The President has the power to remove the application of a parliamentary law in a scheduled
area of a state.
3. The Governor can direct that a law made by parliament does not apply to the tribal area in the
state of Assam.
Which of the above statements is//are correct?
(a) 1 only
(b) 1 and 3 only
(c) 1 and 2 only
(d) 2 and 3 only
EXPLANATION
The power of extraterritorial legislation is only vested with the Parliament. Thus laws of the
Parliament are also applicable to the Indian citizens and their property in any part of the
world. The state legislatures are not vested with the power to make extraterritorial laws. So,
Statement 1 is correct.
Governor (not the President) has the power to remove the application of a parliamentary law
in a scheduled area of a state. So, Statement 2 is not correct.
The governor is empowered to direct that any particular act of Parliament or the state
legislature does not apply to a scheduled area or apply with specified modifications and
exceptions. He can also make regulations for the peace and good government of a scheduled
area after consulting the tribes advisory council. Such regulations may prohibit or restrict
the transfer of land by or among members of the scheduled tribes, regulate the allotment of
land to members of the scheduled tribes and regulate the business of money-lending in
relation to the scheduled tribes. So, Statement 3 is correct.
Q.40) Consider the following:
1. Marriage and divorce
2. Education
3. Forests
4. Census
5. Protection of wild animals and birds
Which of the above subjects are mentioned in the Concurrent list of the seventh schedule of the
Constitution?
(a) 2,3 and 5 only
(b) 1,2 and 4 only
(c) 2,4 and 5 only
(d) 1,3 and 4 only
EXPLANATION
Listed here are some of the subjects mentioned in Concurrent List.
1. Marriage and divorce; infants and minors; adoption; wills, intestacy and succession;
joint family and partition; all matters in respect of which parties in judicial
proceedings were immediately before the commencement of this Constitution subject
to their personal law
2. Prevention of cruelty to animals, Forests, Protection of wild animals and birds.
3. Education, including technical education, medical education and universities,
vocational and technical training of labour.
Census is listed in the Union list.
Q.41) Consider the following statements:
1. Reservation in promotion in favour of SCs and STs is a fundamental right under the
Constitution.
2. Parliament and not the state legislatures are empowered to make special provisions for the
advancement of any socially and educationally backward classes of citizens.
Which of the above statements is//are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
EXPLANATION
Under Article 16(4) and 16(4A) of the Constitution, Reservation in promotion in favour of SC and
ST are not fundamental rights. The Articles empower the State to make reservations in matters of
appointment and promotion in favour of the Scheduled Castes and Scheduled Tribes only “if in
the opinion of the State they are not adequately represented in the services of the State”. So,
Statement 1 is not correct.
State Legislatures are permitted to make any special provisions for the advancement of any
socially and educationally backward classes of citizens or for the SCs regarding their admission to
educational institutions whether aided or unaided by the state, except the minority educational
institutions. So, Statement 2 is not correct
Q.42) In which of the following circumstances, president assent or approval is mandatory as
per the Constitution?
1. A law made by the state legislature for acquisition of estates.
2. A state bill which seeks to take away power of a High court.
3. A state law for imposing taxation on water and electricity.
Select the correct answer using the code given below:
(a) 2 only
(b) 1 and 2 only
(c) 1 and 3 only
(d) 1,2 and 3
EXPLANATION
1. Under Article 31A the law made by the state legislature for the acquisition of estates, the
provisions of this article shall not apply, unless such law, having been reserved for the
consideration of the President, has received his assent
2. The state bill which seeks to Modify or take away the powers of HC must be reserved for
the consideration of the President and should receive his assent.
3. The Legislature of a State may by law impose, or authorize the imposition of, tax on water
and electricity, but no such law shall have any effect unless it has, after having been
reserved for the consideration of the President, received his assent; and if any such law
provides for the fixation of the rates and other incidents of such tax by means of rules or
orders to be made under the law by any authority, the law shall provide for the previous
consent of the President being obtained to the making of any such rule or order.
All the 3 bills require the President's assent or approval. So, option (d) is correct.
Q.43) Consider the following statements:
1. The doctrine of Pith and substance holds that encroachment by one legislature( centre or
states) into another in incidental matters is allowed but not in essential matters.
2. The doctrine of colourable legislation holds that indirect encroachment by one legislature into
the field assigned to another is ultra vires to the constitution.
Which of the above statements is//are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
EXPLANATION
The doctrine of Pith and substance - The doctrine states that within their respective spheres
the state and the union legislatures are made supreme, they should not encroach upon the
sphere demarcated for the other. The incidental matters are allowed in the doctrine of
Pith and substance where essential matters are not allowed.
In-State of Bombay v FN Balsara, the Bombay Prohibition Act was challenged on the ground
that it accidentally encroaches upon import and export of liquor across custom frontier – a
central subject. The court while upholding the impugned legislation declared that the Act was
in pith and substance a State subject even though it incidentally encroached upon a central
subject.So, Statement 1 is correct.
The doctrine of colourable legislation is based upon the maxim that you cannot do indirectly
what you cannot do directly and it is ultra vires to the Constitution. This is applied when the
legislature enacting the law has transgressed its power as is mentioned in the Constitution.
So, Statement 2 is correct.
Q.44) Consider the following statements:
1. Under normal circumstances, the executive power on subjects mentioned in the concurrent list
lies with the central government.
2. If there is an overlap between subjects mentioned in the concurrent list and state list, the state
list will prevail.
Which of the above statements is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
EXPLANATION
Under normal circumstances, the executive power on subjects mentioned in the concurrent list
lies with the state government, not with the Central Government. So, Statement 1 is not
correct
In case of conflict between the concurrent list and the state list , the concurrent list will
prevail( it is not the state list that will prevail). So, Statement 2 is not correct.
ADDITIONAL INFORMATION
Division of Powers
• The Constitution provides for a three-fold distribution of legislative subjects between the
Centre and the states, viz., List-I (the Union List), List-II (the State List) and List-III (the
Concurrent List) in the Seventh Schedule:
• The Parliament has exclusive powers to make laws with respect to any of the matters
enumerated in the Union List. This list has at present 98 subjects (originally 97° subjects) like
defence, banking, foreign affairs, currency, atomic energy, insurance, communication, inter-
state trade and commerce, census, audit and so on.
• The state legislature has “in normal circumstances” has exclusive powers to make laws with
respect to any of the matters enumerated in the State List.
• This has at present 59 subjects (originally 66 subjects) like public order, police, public health
and sanitation, agriculture, prisons, local government, fisheries, markets, theaters, gambling
and so on, Both, the Parliament and state legislature can make laws with respect to any of the
matters enumerated in the Concurrent List.
• This list has at present 52 subjects (originally 47° subjects) like criminal law and procedure,
civil procedure, marriage and divorce, population control and family planning, electricity,
labour welfare, economic and social planning, drugs, newspapers, books and printing press,
and others.
• The 42nd Amendment Act of 1976 transferred five subjects to Concurrent List from State List,
that is, (a) education, (b) forests, (c) weights and measures, (d) protection of wild animals and
birds, and (e) administration of justice; constitution and organisation of all courts except the
Supreme Court and the high courts.
• Parliament has the power to make laws with respect to any matter for any part of the territory
of India not included in a state even though that matter is one which is enumerated in the
State List. This provision has reference to the Union Territories or the Acquired Territories.
Q.45) In the context of Parliament power to make law on matters specified in state list under
article 249( National interest), which of the following statements is/are correct?
1. The resolution must be approved by the Rajya sabha members with two third majority.
2. Such resolution remains in force for one year and cannot be renewed thereafter.
3. The Parliamentary law may remain valid for indefinite time unless repealed by a competent
authority.
Select the correct answer using the code given below:
(a) 1 only
(b) 1 and 2 only
(c) 2 and 3 only
(d) 1 and 3 only
EXPLANATION
Under Article 249 If Rajya Sabha decides that it is necessary in the national interest that
Parliament should make laws with respect to any other matter in the state list then the
Parliament becomes competent to make laws on that matter. Such resolution must be
supported by 2/3rd members present and voting. So, Statement 1 is correct.
The Resolution remains in force for one year and it can be renewed any number of times but not
exceeding one year at a time. So, Statement 2 is not correct.
The law made by the parliament ceases to have effect on the expiration of six months after the
resolution has ceased to be in force. Thus law cannot remain valid for indefinite time. So,
Statement 3 is not correct.
Q.46) The delegation of executive functions of the centre to the state without the state
consent can be done by?
(a) President
(b) Governor
(c) Council of Minister
(d) Parliament
EXPLANATION
The Constitution also makes a provision for the entrustment of the executive functions of the
Centre to a state without the consent of that state. But, in this case, the delegation is by the
Parliament and not by the president. Thus, a law made by the Parliament on a subject of the
Union List can confer powers and impose duties on a state, or authorise the conferring of
powers and imposition of duties by the Centre upon a state (irrespective of the consent of the
state concerned). Notably, the same thing cannot be done by the state legislature. So, option
(d) is correct.
Q.47) With reference to grant-in- aid to the states under the Constitution, consider the
following statements:
1. Only Parliament is empowered by the Constitution to make statutory grants to the states
which are in need of financial assistance.
2. Statutory grants are given to the states on the recommendations of the Finance commission.
3. Discretionary grants given by the centre to the states form the larger part of the central grants
to the states.
Which of the above statements is/are correct?
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1,2 and 3
EXPLANATION
Article 275 empowers the Parliament to make grants to the states which are in need of
financial assistance and not to every state. Also, different sums may be fixed for different
states. These sums are charged on the Consolidated Fund of India every year. So, Statement
1 is correct.
The statutory grants under Article 275 (both general and specific) are given to the states on
the recommendation of the Finance Commission. So, Statement 2 is correct.
Discretionary Grants Article 282 empowers both the Centre and the states to make any grants
for any public purpose, even if it is not within their respective legislative competence. Under
this provision, the Centre makes grants to the states.
“These grants are also known as discretionary grants, the reason being that the Centre is
under no obligation to give these grants and the matter lies within its discretion. These grants
have a two-fold purpose: to help the state financially to fulfill plan targets; and to give some
leverage to the Centre to influence and coordinate state action to effectuate the national plan.
Notably, Discretionary grants form the larger part of grants from the Central Government to
the states when compared to the Statutory grants. So, Statement 3 is correct.
Q.48) Which of the following committee/resolutions is/are related to the reforms in the
centre- state relations in Indian context?
1. Rajamanar committee
2. Anandpur Sahib resolution
3. Balwant Rai Mehta committee
4. G.V.K Rao committee
Select the correct answer using the code given below:
(a) 1,2 and 3 only
(b) 1 and 2 only
(c) 1 and 3 only
(d) 3 and 4 only
EXPLANATION
The committee related to the Center-state relations are
1. Rajamanar committee - In 1969, the Tamil Nadu Government (DMK) appointed a three-
member committee under the chairmanship of Dr. P.V. Rajamannar to examine the entire
question of Centre-state relations and to suggest amendments to the Constitution to
secure utmost autonomy to the states. The committee submitted its report to the Tamil
Nadu Government in 1971.
2. Anandpur Sahib resolution - In 1973, the Alkali Dal adopted a resolution containing
both political and religious demands in a meeting held at Anandpur Sahib in Punjab. The
resolution, generally known as Anandpur Sahib Resolution, demanded that the Centre’s
jurisdiction should be restricted only to defence, foreign affairs, communications, and
currency and the entire residuary powers should be vested in the states. It stated that
the Constitution should be made federal in the real sense and should ensure equal
authority and representation to all the states at the Centre.
Balwant Rai Mehta committee and G.V.K Rao committee are the commissions formed for the
purposes of Panchayat raj institutions.
So, option (b) is correct.
ADDITIONAL INFORMATION
Other Committees related to centre - state relations
West Bengal Memorandum - In 1977, the West Bengal Government (led by the Communists)
published a memorandum on Centre-state relations and sent to the Central government. The
memorandum inter alia suggested the following: (i) The word ‘union’ in the Constitution should be
replaced by the word ‘federal’; (ii) The jurisdiction of the Centre should be confined to defence, foreign
affairs, currency, communications and economic co-ordination; (iii) All other subjects including the
residuary should be vested in the states; (iv) Articles 356 and 357 (President's Rule) and 360 (financial
emergency) should be repealed; (v) State’s consent should be made obligatory for the formation of new
states or reorganization of existing States (vi) Of the total revenue raised by the Centre from all
sources, 75 percent should be allocated to the states; (vii) Rajya Sabha should have equal powers with
that of the Lok Sabha; and (viii) There should be only Central and state services and all India services
should be abolished.
The Central government did not accept the demands made in the memorandum.
Sarkaria Commission - In 1983, the Central government appointed a three-member Commission on
Centre state relations under the chairmanship of R.S. Sarkaria, a retired judge of the Supreme Court.”
The commission was asked to examine and review the working of existing arrangements between the
Centre and states in all spheres and recommend appropriate changes and measures. It was initially
given one year to complete its work, but its term was extended four times. It submitted it's report in
1988.
Punchhi Commission - The Second commission on Centre-State relations was set-up by the
Government of India in April 2007 under the Chairmanship of Madan Mohan Punchhi, former Chief
Justice of India.” It was required to look into the issues of Centre-State relations keeping in view the
sea-changes that have taken place in the polity and economy of India since the Sarkaria Commission
had last looked at the issue of Centre-State relations over two decades ago.
Q.49) Consider the following statements with regard to ‘Anticipatory bail’ in the Indian legal
context:
1. Anticipatory bail is a direction to release a person on bail, issued even before the person is
arrested.
2. A person can file an anticipatory bail plea only in the high court or the Supreme court of India.
Which of the above statements is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
EXPLANATION
Anticipatory bail can be obtained by a person who anticipates arrest. Hence, anticipatory bail
is a direction to release a person on bail, even before the person is arrested. Anticipatory bail
is applied for under Section 438 of the Criminal Procedure Code. According to Code of
Criminal Procedure, 1973, “When any person has reason to believe that he may be arrested
on an accusation of having committed a non-bailable offence, he may apply to the High Court
or the Court of Session for a direction under this section and, if the court thinks fit, direct
that in the event of such arrest, he shall be released on bail.” So, Statement 1 is correct.
According to the Code of Criminal Procedure, 1973, the provision empowers only the Sessions
Court and High Court to grant anticipatory bail. So, Statement 2 is not correct.
ADDITIONAL INFORMATION
Anticipatory bail
• ‘Bail’ is a document procuring “the release of a person from legal custody, by undertaking that
he shall appear at the time and place designated and submit himself to the jurisdiction and
judgement of the court.”
• As opposed to ordinary bail, which is granted to a person who is under arrest, in anticipatory
bail, a person is directed to be released on bail even before arrest made.
• Anticipatory bail became part of the new CrPC in 1973 (when the latter replaced the older Code
of 1898), after the 41st Law Commission Report of 1969 recommended the inclusion of the
provision.
• While granting anticipatory bail, the Sessions Court or High Court can impose the following
conditions
1. A condition that the person shall make himself available for interrogation by a police
officer as and when required;
2. A condition that the person shall not, directly or indirectly, make any inducement,
threat or promise to any person acquainted with the facts of the case so as to dissuade
him from disclosing such facts to the Court or to any police officer.
3. A condition that the person shall not leave India without the previous permission of the
Court.
4. In addition, such other condition as may be imposed under sub section (3) of section
437, as if the bail were granted under that section.
• Recently Supreme Court ruled that no time restriction should ordinarily be fixed for
anticipatory bail and that it can continue even until the end of the trial.
Q.50) With reference to provisions related to proclamation of National emergency , consider
the following statements:
1. The President can impose an emergency only after a written consent of Union cabinet headed by
the Prime Minister
2. The decision to impose national emergency is immune to judicial review.
3. It should be approved by both the houses of the Parliament within one month of the
proclamation with a special majority.
Which of the above statements is/are correct?
(a) 1 and 2 only
(b) 1 and 3 only
(c) 3 only
(d) 1,2 and 3
EXPLANATION
The President can proclaim a National emergency only after receiving a written
recommendation from the Union Cabinet headed by the Prime Minister. This means that an
emergency can be declared only on the concurrence of the Cabinet and not merely on the
advice of the Prime Minister. So, Statement 1 is correct
The SC Court in Minerva mills Case held that the proclamation of National emergency can be
challenged in a court on the ground of malaise or that the declaration was based on wholly
extraneous and irrelevant facts or is absurd or perverse. Thus The decision to impose a
national emergency is not immune from judicial review. So, Statement 2 is not correct.
The proclamation of Emergency ‘must be approved by both the Houses of Parliament within
one month from the date of its issue. Originally, the period allowed for approval by the
Parliament was two months but was reduced by the 44th Amendment Act of 1978. However, if
the proclamation of emergency is issued at a time when the Lok Sabha has been dissolved or
the dissolution of the Lok Sabha takes place during the period of one month without
approving the proclamation, then the proclamation survives until 30 days from the first sitting
of the Lok Sabha after its reconstitution provided the Rajya Sabha has in the meantime
approved it. Every resolution approving the proclamation of emergency or its continuance
must be passed by either House of Parliament by a special majority, that is, (a) a majority
of the total membership of that house, and (b) a majority of not less than two-thirds of the
members of that house present and voting. This special majority provision was introduced by
the 44th Amendment Act of 1978. Previously, such resolution could be passed by a simple
majority of the Parliament. So, Statement 3 is correct.
Q.51) Which of the following statements is incorrect?
(a) A proclamation of national emergency leads to dissolution of the state legislative
assembly.
(b) Parliament is empowered to legislate on state list item when national emergency is in operation,
(c) Fundamental right under article 19 automatically gets suspended when emergency is declared
on grounds of external aggression.
(d) All the statements are correct.
EXPLANATION
The state governments are brought under the complete control of the Centre, though the
state legislatures are not suspended. So, Statement (a) is not correct.
The parliament becomes empowered to make laws on any subject mentioned in the state
list, when emergency is in operation. The president can issue ordinances on State subjects
also, if the parliament is not in session. The laws made on state subjects by the parliament
become inoperative six months after the emergency has ceased to be in operation.
Suspension of Fundamental Rights under Article 19 -According to Article 358, when a
proclamation of national emergency is made, the six Fundamental Rights under Article
19 can be suspended only when the National Emergency is declared on the ground of
war or external aggression and not on the ground of armed rebellion. This feature was
added in the 44th Constitutional Amendment Act.
Q.52) Consider the following:
1. The elected members of both the houses of Parliament.
2. The nominated members of Lok sabha
3. The elected members of State legislative assembly
4. The elected members of the legislative assemblies of Delhi and Puducherry.
Which of the above form the electoral college for the election of the President in India?
(a) 1,2 and 3 only
(b) 1 and 3 only
(c) 1,3 and 4 only
(d) 1 and 4 only
EXPLANATION
• The President’s election is held in accordance with the system of proportional representation by a means of a single transferable vote.
• Voting is done by secret ballot.
• The electoral college of President Consist of
1. The elected members of both the Houses of Parliament.
2. The elected members of the State legislative assembly
3. The elected members of the legislative assemblies of Delhi and Puducherry.
• The nominated members of both Houses of Parliament, the nominated members of the
state legislative assemblies, the members (both elected and nominated) of the state
legislative councils (in case of the bicameral legislature) and the nominated members of
the Legislative Assemblies of Delhi and Puducherry do not participate in the election of
the President.
So, option (c) is correct.
Q.53) In the Indian context, the President can resign from the office by submitting his
resignation to?
(a) Prime Minister
(b) Chief Justice of India
(c) Vice President
(d) Speaker of Lok Sabha
EXPLANATION
President holds office for a term of five years from the date on which he enters his office. He
can resign from his office at any time by addressing the resignation letter to the Vice –
President. So, option (c) is correct.
Q.54) Which of the following veto powers is/are enjoyed by the Indian President?
1. Absolute veto
2. Qualified veto
3. Suspensive veto
4. Pocket veto
Select the correct answer using the code given below:
(a) 1,2 and 3 only
(b) 1 and 4 only
(c) 1,3 and 4 only
(d) 2 and 3 only
EXPLANATION
The veto power enjoyed by the executive in modem states can be classified into the following
four types:
1, Absolute veto, that is, withholding of assent to the bill passed by the legislature,
2. Qualified veto, which can be overridden by the legislature with a higher majority,
3. Suspensive veto, which can be overridden by the legislature with an ordinary majority.
4. Pocket veto, that is, taking no action on the bill passed by the legislature.
Of the above four, the President of India is vested with three absolute veto, suspensive veto
and pocket veto. There is no qualified veto in the case of the Indian President; it is possessed
by the American President. So, option (c) is correct.
ADDITIONAL INFORMATION
VETO POWERS
Absolute Veto
• It refers to the power of the President to withhold his assent to a bill passed by the Parliament.
The bill then ends and does not become an act. Usually, this veto is exercised in the following
two cases:
o With respect to private members’ bills (ie, bills introduced by any member of Parliament
who is not a minister); and
o With respect to the government bills when the cabinet resigns (after the passage of the
bills but before the assent by the President) and the new cabinet advises the President
not to give his assent to such bills.
Suspensive Veto
• The President exercises this veto when he returns a bill for reconsideration of the Parliament.
However, if the bill is passed again by the Parliament with or without amendments and again
presented to the President, the President must give his assent to the bill.
• This means that the presidential veto is overridden by a re-passage of the bill by the same
ordinary majority (and not a higher majority as required in the USA).
• As mentioned earlier, the President does not possess this veto in the case of money bills. The
President can either give his assent to a money bill or withhold his assent to a money bill but
cannot return it for the reconsideration of the Parliament.
• Normally, the President gives his assent to the money bill as it is introduced in the Parliament
with his previous permission.
Pocket Veto
• In this case, the President neither ratifies nor rejects nor returns the bill, but simply keeps the
bill pending for an indefinite period.
• This power of the President not to take any action (either positive or negative) on the bill is
known as the pocket veto.
• The President can exercise this veto power as the Constitution does not prescribe any time
limit within which he has to take the decision with respect to a bill presented to him for his
assent.
• In the USA, on the other hand, the President has to return the bill for reconsideration within
10 days.
• Hence, it is remarked that the pocket of the Indian President is bigger than that of the
American President.
Q.55) Which of the following statements is correct with respect to the removal process of the
Vice -President in India?
(a) A resolution of the Rajya Sabha passed by a special majority and by the Lok sabha with an
absolute majority.
(b) A resolution of the Rajya Sabha passed by an absolute majority and agreed to by the Lok
sabha with a simple majority.
(c) A resolution of the Rajya Sabha passed by a simple majority and agreed to by the Lok Sabha
with a simple majority.
(d) A resolution of the Rajya Sabha passed by an effective majority and by the Lok sabha by an
effective majority.
EXPLANATION
• The Vice-President holds office for a term of five years from the date on which he enters his
office.
• He can resign from his office at any time by addressing the resignation letter to the
President. He can also be removed from the office before the completion of his term. A
formal impeachment is required for his removal.
• He can be removed by a resolution passed by a majority of all the then members of
the Rajya Sabha and agreed to by the Lok Sabha.
• This means that this resolution should be passed in the Rajya Sabha by an absolute
majority and in the Lok Sabha by a simple majority.
• Further, this resolution can be introduced only in the Rajya Sabha and not in the Lok
Sabha. But, no such resolution can be moved unless at least 14 days advance notice has
been given. So, option (b) is correct.
Q.56) Consider the following statements:
1. In India, the Prime Minister may be a member of either house of the Parliament, while he must
be a member of the lower house in Britain.
2. The President dissolves the lok sabha on the recommendations of the Prime Minister.
3. The resignation of an incumbent Prime Minister leads to automatic dissolution of lok sabha.
Which of the above statements is/are correct?
(a) 1 and 2 only
(b) 1 only
(c) 2 and 3 only
(d) 1,2 and 3
EXPLANATION
Constitutionally, the Prime Minister may be a member of any of the two Houses of parliament.
In Britain, the Prime Minister should be a member of the Lower House (House of Commons).
So, Statement 1 is correct
President can dissolve the Lok Sabha on the advice of the Council of Ministers headed by the
Prime Minister. As PM is the head of the Council of Ministers and represents the Council so
recommendations can be made by the Prime Minister to President to dissolve the Lok Sabha.
So, Statement 2 is correct.
Prime Minister stands at the head of the council of ministers, the other ministers cannot
function when the Prime Minister resigns or dies. The resignation or death of an incumbent
Prime Minister automatically dissolves the council of ministers and thereby generates a
vacuum. The resignation of an incumbent Prime Minister does not leads to automatic
dissolution of lok sabha. So, Statement 3 is not correct.
Q.57) Which of the following offices is most instrumental in upholding the principle of
Collective responsibility enshrined in article 75 of the Constitution?
(a) President
(b) Speaker of Lok sabha
(c) Prime Minister
(d) Chief justice of Supreme court
EXPLANATION
The Council ministers are collectively responsible to the Lok Sabha and Prime minister is the
head of the council of ministers. Thus Prime Minister is most instrumental in upholding the
principle of Collective responsibility enshrined in article 75 of the Constitution. So option (c)
is correct.
Q.58) Consider the following statements with respect to ‘Parliamentary secretary’ :
1. It is a Constitutional office and is appointed by the Prime Minister to assist the cabinet
ministers in the discharge of their parliamentary duties.
2. No Parliamentary secretary has been appointed in India since independence.
Which of the above statements is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
EXPLANATION
Parliamentary Secretaries have in the past been appointed by the Prime Minister from time to
time. They were administered an oath of secrecy only and no office. Parliamentary Secretaries
work in an honorary capacity. They have not been given any administrative work but have been
appointed to assist the Minister in his Parliamentary and political work. The institution of the
office of Parliamentary Secretary has no statutory origin nor does it derive authority
from the Constitution of India. The Office of the Parliamentary Secretary in India was first
created in 1951. So, Statement 1 is not correct.
Parliamentary Secretaries are appointed since Independence. Manipur, Himachal Pradesh,
Mizoram, Assam, Rajasthan, Punjab, Goa are some of the states where MLAs have been
appointed as Parliament Secretaries by the Government. So, Statement 2 is not correct.
ADDITIONAL INFORMATION
Parliamentary secretary
• According to the original concept in 1951, Parliamentary Secretaries were appointed purely to
assist the Minister in parliamentary work, analogous to the position of Parliamentary Private
Secretaries in the United Kingdom.
• Unlike the Ministers, the oath is administered to the Parliamentary Secretaries by
the Prime Minister and not by the President.
• The appointment of a Parliamentary Secretary is entirely the discretion of the Prime Minister
who will decide when and who should be appointed as Parliamentary Secretary.
• The Salary, allowances and other pre-requisites will be decided by the Government
from time to time keeping in view various factors including the exigencies of duties that may
require to be performed by the Parliamentary Secretary.
• The position regarding the status, powers, and functions of the Parliamentary Secretary is well
set by the then Prime Minister.
Q.59) Which of the following statements is/are correct?
1. The dissolution of lok sabha leads to automatic dissolution of the Council of ministers.
2. The advice tendered by the council of ministers to the President can not be inquired into any
court.
3. The 91st amendment act capped the total number of ministers in the council of ministers to 15
percent of the total strength of the Lok sabha.
Select the correct answer using the code given below:
(a) 1 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 2 only
EXPLANATION
Even after the dissolution of Lok Sabha the COMs will continue till the next election is done
and a new government is sworn. Thus the Council of Ministers after the dissolution of Lok
Sabha act as a care taken government, thus council of minister will just attend day to day
activities of the Government but will not take any decisions on important policy matters. So,
Statement 1 is not correct.
Article 84 deals with the Council of Ministers to aid and advise the President. There shall be a
Council of Ministers with the Prime Minister at the head to aid and advise the President who
shall, in the exercise of his functions, act in accordance with such advice. However, the
President may require the Council of Ministers to reconsider such advice and the President
shall act in accordance with the advice tendered after such reconsideration. The advice
tendered by Ministers to the President shall not be inquired into in any court. So,
Statement 2 is correct.
The total number of ministers, including the Prime Minister, in the Council of Ministers, shall
not exceed 15% of the total strength of the Lok Sabha. This provision was added by the 91st
Amendment Act of 2003. So, Statement 3 is correct.
Q.60) With reference to ‘Cabinet’ in the Indian Parliamentary system, consider the following
statements:
1. The Constitution defines the term cabinet without specifying its powers and functions.
2. The functions of the cabinet are decided by the Council of Ministers.
3. Cabinet exercises the power to enforce the collective responsibility of the council of ministers to
the lower house of the Parliament.
Which of the above statements is/are not correct?
(a) 1 only
(b) 2 only
(c) 3 only
(d) None
EXPLANATION
Article 352 defines the Cabinet as ‘the council consisting of the Prime Minister and other
ministers of Cabinet rank appointed under Article 75 , it was inserted by 44th Constitutional
Amendment Act and the powers and functions are not described in the Constitution. So,
Statement 1 is correct.
Cabinet is highest decision making body. The functions of the council of ministers are decided by
the cabinet. COMs do not decide the function of Cabinet. So, Statement 2 is not correct.
The Cabinet enforces the collective responsibility of the council of ministers to the lower house of
the Parliament. So, Statement 3 is correct.
Q.61) With reference to Zonal councils, consider the following statements:
1. Zonal councils are Constitutional bodies for the purpose of inter-state coordination.
2. The Union home minister acts as the chairman of each zonal council.
3. North East council was created by a separate act of Parliament.
Which of the above statements is/are correct?
(a) 1 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1,2 and 3
EXPLANATION
The Zonal councils are not a Constitutional Body rather it is a statutory body established by
an Act of the Parliament called the States Reorganisation Act of 1956 for inter-state
coordination. . The Act divided the country into five zones such as Northern, Central, Eastern,
Western, and Southern. So, Statement 1 is not correct.
The Union Home Minister acts as a common chairman of the 5 zonal councils. Each Chief
Minister act as vice-chairman of the Council by rotation, holding office for one year at a time.
So, Statement 2 is correct.
North-Eastern Council was created by a separate Act of Parliament the North-Eastern Council
Act of 1971.° Its members include Assam, Manipur, Mizoram, Arunachal Pradesh, Nagaland,
Meghalaya, Tripura and Sikkim. So, Statement 3 is correct.
ADDITIONAL INFORMATION
• Each zonal council consists of the following members:
a. home minister of Central government.
b. chief ministers of all the States in the zone.
c. Two other ministers from each state in the zone.
d. Administrator of each union territory in the zone.
• Besides, the following persons can be associated with the zonal council as advisors (i.e,
without the right to vote in the meetings):
i. person nominated by the Planning Commission; (ii) chief secretary of the government of
each state in the zone; and (iii) development commissioner of each state in the zone.
• The zonal councils aim at promoting cooperation and coordination between states, union
territories, and the Centre. They discuss and make recommendations regarding matters like
economic and social planning, linguistic minorities, border disputes, interstate transport, and
so on. They are only deliberative and advisory bodies.
Q.62) The President of India is not a member of either house of the Parliament but is
considered an integral part of the Parliament. Which of the following is the most
appropriate reason for it?
(a) The President administers oaths to the Prime Minister and the council of ministers.
(b) The President has the power to summon or prorogue both the houses of the Parliament.
(c) Any bill passed by both the houses of Parliament cannot become a law without his
assent.
(d) He addresses the Parliament at the commencement of the first session after each general
election and first session of each year.
EXPLANATION
The President of India is not a member of either house of the Parliament but is considered as a
part of both executive and the legislature because all the bills passed by the Parliament become
law only when it signed by the President. So, option (c) is correct.
Q.63) With reference to composition of Lok Sabha and Rajya Sabha, consider the following
statements:
1. While the representatives of Union territories in Rajya sabha are indirectly elected, they are
directly elected in Lok sabha.
2. The nominated members in both the houses must have special knowledge or practical
experience in art, science, literature and social service.
3. The third schedule to the Constitution deals with the allocation of seats in the Rajya sabha to
the states and union territories.
Which of the above statements is/are correct?
(a) 1 and 2 only
(b) 1 only
(c) 2 and 3 only
(d) 1 and 3 only
EXPLANATION
The Representatives of Union Territory in Rajya Sabha are elected indirectly by the members of
the electoral college specially constituted for this purpose. In Lok Sabha representatives are
directly elected by the people. So, Statement 1 is correct
The Rajya Sabha has 12 nominated members who have special knowledge in art, science,
literature, and social service. While in Lok Sabha two members are nominated from the Anglo
Indian Community they no need to know about art, science, literature, and social service.
Further the nomination of Anglo Indian Community provision has ended in 2020. So statement
2 is not correct.
The fourth Schedule of the Constitution deals with the allocation of seats in the Rajya Sabha
to the states and union territories. So, Statement 3 is not correct.
Q.64) Consider the following statements:
1. The election of members to the lok sabha is based on territorial representation while that of
Rajya sabha is based on proportional representation.
2. While territorial representation does not represent the whole electorate, the proportional
representation does not allow bye- election
Which of the above statements is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
EXPLANATION
The election to the members of Lok Sabha is based on the system of territorial
representation. Under territorial representation, every member of the legislature represents a
geographical area known as a constituency. Representation of States The representatives of
states in the Rajya Sabha are elected by the elected members of state legislative assemblies.
The election is held in accordance with the system of proportional representation by means of
the single transferable vote. The seats are allotted to the states in the Rajya Sabha based on
population. So, Statement 1 is correct.
In the system of Territorial representation candidate who secures the majority of votes is
declared elected. This simple majority system of representation doesn’t represent the whole
electorate. It does not secure due representation to minorities.
The system of proportional representation has the following demerits
• It is highly expensive.
• It does not give any scope for organizing by-elections.
• It eliminates intimate contacts between voters and representatives.
• It promotes minority thinking and group interests.
• It increases the significance of the party system and decreases that of a voter.
So, Statement 2 is correct.
Q.65) Which of the following disqualifications for a member of Parliament is mentioned in the
Constitution?
1. Office of profit
2. Undischarged insolvent.
3. Conviction for any offence for two or more years.
4. Director in a company where the government has at least 25 percent share.
Select the correct answer using the code given below:
(a) 1 and 2 only
(b) 1,3 and 4 only
(c) 2 and 3 only
(d) 1 and 4 only
EXPLANATION
Under the Constitution, a person shall be disqualified for being elected as a member of
Parliament:
• if he holds any office of profit under the Union or state government (except that of a
minister or any other office exempted by Parliament).
• if he is of unsound mind and stands so declared by a court.
• if he is an undischarged insolvent.
• if he is not a citizen of India or has voluntarily acquired the citizenship of a foreign state or
is under any acknowledgment of allegiance to a foreign state; and if he is so disqualified
under any law made by Parliament.
The other two provisions
i. A conviction for any offense for two or more years.
ii. Director in a company where the government has at least 25 percent share.
They are mentioned in the Representation of People’s Act 1951.
So, option (a) is correct
Q.66) Consider the following statements with respect to Office of Speaker under the Indian
Constitution:
1. The Speaker is removed by a majority of not less than two third of the members of the Lok
sabha.
2. When a resolution for the removal of the speaker is under consideration, he cannot take part
in the proceedings of the house.
3. The Speaker can also offer a voluntary resignation to the Deputy Speaker of the Lok sabha.
Which of the above statements is/are correct?
(a) 1 and 3 only
(b) 2 and 3 only
(c) 3 only
(d) 1 and 2 only
EXPLANATION
Speaker can be removed only by a resolution passed by the Lok Sabha by a special majority a
majority of all the then members of the House and not by an ordinary majority. This motion of
removal can be considered and discussed only when it has the support of at least 50 members.
So, Statement 1 is correct.
When a resolution for the removal of the Speaker is under consideration of the House, he cannot
preside at the sitting of the House, though he may be present. However, he can speak and take
part in the proceedings of the House at such a time and vote in the first instance, though not
in the case of an equality of votes. So, Statement 2 is not correct.
Speaker can give voluntary resignation to the Deputy Speaker of the Lok Sabha. So, Statement
3 is correct.
Q.67) Consider the following statements:
1. Leader of the Lok sabha is a constitutional office while leader of opposition is a statutory office.
2. The leader of the house in Rajya sabha is a minister and a member of the house who is
nominated by the Prime Minister.
3. The office of Whip is neither mentioned in the Constitution nor the rules of the house.
Which of the above statements is/are correct?
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1,2 and 3
EXPLANATION
Both the Leader of the Lok and the Leader of Opposition are not mentioned in the
Constitution of India, they are mentioned in the Rules of the House and Parliamentary
Statute. The leader of Opposition in the Lok Sabha and the Rajya Sabha were accorded
statutory recognition in 1977. They are also entitled to the salary, allowances, and other
facilities equivalent to that of a cabinet minister. So, Statement 1 is not correct.
There is also a Leader of House in the Rajya Sabha. He is a minister and a member of the Rajya
Sabha and is nominated by the Prime Minister to function as such. So, Statement 2 is
correct.
The office of the whip is mentioned neither in the Constitution of India nor in the Rules of the
House nor a Parliamentary Statute. It is based on the conventions of the parliamentary
governments. So, Statement 3 is correct.
Q.68) With reference to effect of Lok sabha dissolution on business of the house, consider the
following statements:
1. All pending assurances that are to be examined by the Committee on government assurances
lapse on the dissolution of lok sabha.
2. A bill does not lapse if it has been passed by both the house of the Parliament and President
assent is awaited.
Which of the above statements is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
EXPLANATION
All pending assurances that are to be examined by the Committee on government
assurances do not lapse on the dissolution of Lok Sabha. So, Statement 1 is not correct.
A bill passed by both the houses but pending assent of the President does not lapse. So,
Statement 2 is correct.
ADDITIONAL INFORMATION
Bills that lapses on the dissolution of Lok Sabha
• A bill pending in the Lok Sabha lapses (whether originating in the Lok Sabha or transmitted to
it by the Rajya Sabha), -
• A bill passed by the Lok Sabha but pending in the Rajya Sabha lapses.
Bills that don’t lapse on the dissolution of Lok Sabha
• A bill not passed by the two Houses due to disagreement and if the president has notified the
holding of a joint sitting before the dissolution of Lok Sabha, does not lapse.
• A bill pending in the Rajya Sabha but not passed by the Lok Sabha does not lapse.
• A bill passed by both Houses but pending assent of the president does not lapse. . A bill passed
by both Houses but returned by the president for reconsideration of Houses does not lapse,
Q.69) Consider the following statements:
1. This motion can be introduced only in the lok sabha to draw attention of the house to a
definite matter of urgent importance.
2. It needs the support of 50 members to be admitted.
3. If this motion is not passed, it can lead to defeat of the government in the house.
Which of the following motions is being described above?
(a) Adjournment motion
(b) Calling attention motion
(c) Censure motion
(d) Privilege motion
EXPLANATION
Adjournment motion is introduced only in the Lok Sabha to draw the attention of the House to a
definite matter of urgent public importance.
• It involves an element of censure against the government, therefore Rajya Sabha is not
permitted to make use of this device
• It is regarded as an extraordinary device as it interrupts the normal business of the
House. It needs the support of 50 members to be admitted.
• The discussion on this motion should last for not less than two hours and thirty
minutes.
However, the right to move a motion for an adjournment of the business of the House is subject
to the following restrictions. i.e. It should:
• Raise a matter which is definite, factual, urgent, and of public importance.
• Not cover more than one matter.
• Be restricted to a specific matter of recent occurrence.
• Not raise a question of privilege.
• Not revive discussion on a matter that has been discussed in the same session.
• Not deal with any matter that is under adjudication of court.
• Not raise any question that can be raised on a distinct motion.
So, option (a) is correct.
Q.70) Consider the following statements:
1. A starred question requires a written answer and any supplementary question cannot follow it.
2. An unstarred question is printed in white while a starred question is printed in green
3. A short notice question is answered orally and it requires giving a notice of less than ten days.
Which of the above statements is/are correct?
(a) 1 and 2 only
(b) 1 and 3 only
(c) 2 and 3 only
(d) 1,2 and 3
EXPLANATION
A Starred Question is one to which a member desires an oral answer from the Minister in the
House and is required to be distinguished by him/her with an asterisk. Answer to such a
question may be followed by supplementary questions by members. So, Statement 1 is not
correct.
An Unstarred question that requires a written answer is printed in white while the starred
question is printed in green. So, Statement 2 is correct.
Short Notice Questions- A member may give notice of question on a matter of public
importance and of urgent character for an oral answer at a notice less than 10 days prescribed
as the minimum period of notice for asking a question in an ordinary course. So, Statement
3 is correct.
ADDITIONAL INFORMATION
Question Hour
• Generally, the first hour of a sitting of Lok Sabha is devoted to the Questions and this hour is
called the Question Hour.
• Asking questions is an inherent and unfettered parliamentary right of members. It is during
the Question Hour that the members can ask questions on every aspect of administration and
Governmental activity.
• Government policies in national as well as international spheres come into sharp focus as the
members try to elicit pertinent information during the Question Hour.
• The Government is, as it were, put on its trial during the Question Hour and every Minister
whose turn it is to answer questions has to stand up and answer for his or his administration's
acts of omission and commission.
• Through the Question Hour, the Government can quickly feel the pulse of the nation and adapt
its policies and actions accordingly.
• It is through questions in the Parliament that the Government remains in touch with the
people in as much as members are enabled thereby to ventilate the grievances of the public in
matters concerning the administration.
• Questions enable Ministries to gauge the popular reaction to their policy and administration.
Questions bring to the notice of the Minister's many loopholes which otherwise would have
gone unnoticed.
• Sometimes questions may lead to the appointment of a Commission, a Court of Enquiry, or
even Legislation when matters raised by Members are grave enough to agitate the public mind
and are of wide public importance.
Q.71) With reference to ‘Resolutions’ as a device of Parliamentary proceedings, which of the
following statements is/are correct?
1. All resolutions are a type of substantive motion and need to be voted upon by the members of
the house.
2. A resolution once moved by any member cannot be withdrawn except by the leave of the
house.
3. A statutory resolution can be moved only by a minister.
Select the correct answer using the code given below:
(a) 1 and 2 only
(b) 2 only
(c) 1 and 3 only
(d) 3 only
EXPLANATION
All resolutions come into the category of Substantive motion, every resolution is a type of
motion. The Resolutions are to be voted upon by the members of the house. Where all
motions are not necessarily put to vote of the House. So, Statement 1 is correct.
A Resolution moved by any member to the resort Amendment, cannot be withdrawn except
by the leave of the house. So, Statement 2 is correct.
Statutory Resolution can be moved by either a private member or the Minister. So,
Statement 3 is not correct.
ADDITIONAL INFORMATION
Types of Resolution
Resolutions are classified into three categories:
• Private Member’s Resolution: It is moved by a private member (other than a minister). It is
discussed only on alternate Fridays and in the afternoon sitting.
• Government Resolution: It is moved by a minister. It can be taken up any day from Monday to
Thursday.
• Statutory Resolution: It can be moved either by a private member or a minister. It is so-called
because it is, always tabled in pursuance of a provision in the Constitution or an Act of
Parliament.
Q.72) Consider the following statements with regard to Financial bill of type II as mentioned
under article 117(3) of the Constitution:
1. A financial bill(II) cannot be passed by either house of the Parliament unless the President has
recommended the consideration of the bill.
2. It can only be introduced in the Lok sabha.
3. There is no provision of joint sitting in case of disagreement between the two houses.
Which of the above statements is/are correct?
(a) 1 and 2 only
(b) 1 only
(c) 2 and 3 only
(d) 1 and 3 only
EXPLANATION
The only special feature of the financial bill (II) is that it cannot be passed by either
House of Parliament unless the President has recommended to that House the consideration
of the bill. So, Statement 1 is correct.
financial bill (II) can be introduced in either House of Parliament and recommendation of the
President is not necessary for its introduction. In other words, the recommendation of the
President is not required at the introduction stage but is required at the Consideration stage.
So, Statement 2 is not correct.
In case of a disagreement between the two Houses over such a bill, the President can
summon a joint sitting of the two Houses to resolve the deadlock. So, Statement 3 is not
correct.
Q.73) Consider the following:
1. National Commission for Scheduled caste(NCSC)
2. National Commission for Backward class(NCBC)
3. Central Vigilance commission(CVC)
4. Special Officer for Linguistic Minorities
Which of the above is/are Constitutional bodies?
(a) 1,3 and 4 only
(b) 1,2 and 3 only
(c) 2,3 and 4 only
(d) 1,2 and 4 only
EXPLANATION
National Commission for Scheduled caste(NCSC) - NCST is directly established by
Article 338 of the Constitution.
National Commission for Backward class(NCBC) - In the Mandal case’ judgement (1992), the Supreme Court directed the central government to constitute a permanent statutory body to examine the complaints of under inclusion, over-inclusion or non-inclusion of any class of citizens in the list of backward classes. Accordingly, the National Commission for Backward Classes (NCBC) was set up in 19937.
Later, the 102nd Amendment Act of 2018 conferred a constitutional status on the
Commission. For this purpose, the amendment inserted a new Article 338-B in the
constitution.
Special Officer for Linguistic Minorities – The 17th Constitutional amendment act of
1956 enacted the Special Officer for Linguistic Minorities based on the recommendations
of the States reorganisation Commission.
Listed above are some of the Constitutional bodies.
Central Vigilance Commission is Non Constitutional body. So, option (d) is correct.
Q.74) Consider the following statements with respect to National Commission for STs:
1. The commission consists of a chairperson, a vice-chairperson along with three other members
who are appointed by the President by warrant under his hand and seal.
2. The recommendations by the commissions on matters related to welfare of Scheduled tribes
are binding on the government.
3. The commission has the power to regulate its own procedure.
Which of the above statements is/are correct?
(a) 1 only
(b) 1 and 3 only
(c) 2 and 3 only
(d) 1,2 and 3
EXPLANATION
The Separate National Commission for STs came into existence in 2004. It consists of a
chairperson, a vice-chairperson and three other members. They are appointed by the President
by warrant under his hand and seal. Their conditions of service and tenure of office are also
determined by the President’. So, Statement 1 is correct.
The recommendations by the commissions on matters related to the welfare of Scheduled tribes
are not binding on the government. So, Statement 2 is not correct.
The Commission is vested with the power to regulate its own procedure. The Commission,
while investigating any matter or inquiring into any complaint, has all the powers of a civil court
trying a suit and in particular in respect of the following matters:
• summoning and enforcing the attendance of any person from any part of India and
examining him on oath;
• requiring the discovery and production of any document;
• receiving evidence on affidavits;
• requisitioning any public record from any court or office;
• issuing summons for the examination of witnesses and documents; and any other matter
which the President may determine
So, Statement 3 is correct.
ADDITIONAL INFORMATION
NCST
The separate National Commission for STs came into existence in 2004 by the 89th Constitutional
Amendment Act 2003. This act further amended Article 338 and inserted a new article 338A in the
Constitution.
Functions
• To investigate and monitor all matters relating to the constitutional and other legal safeguards
for the STS and to evaluate their working;
• To inquire into specific complaints with respect to the deprivation of rights and safeguards of
the STs;
• To participate and advise on the planning process of socio-economic development of the STs
and to evaluate the progress of their development under the Union or a state;
• To present to the President, annually and at such other times as it may deem fit, reports upon
the working of those safeguards;
• To make recommendations as to the measures that should be taken by the Union or a state for
the effective implementation of those safeguards and other measures for the protection, welfare
and socio-economic development of the STs; and
• To discharge such other functions in relation to the protection, welfare and development and
advancement of the STs as the President may specify.
Q.75) With reference to Public Accounts Committee(PAC), consider the following statements:
1. All the members of PAC belong to Lok sabha only.
2. The members are elected by the Parliament every year by method of Proportional
representation.
3. The Chairman is appointed by the speaker of lok sabha and he must belong to the ruling party.
Which of the above statements is/are correct?
(a) 1 and 2 only
(b) 2 only
(c) 2 and 3 only
(d) 1 and 3 only
EXPLANATION
The members of PAC belong to both Lok Sabha and the Rajya Sabha. It consists of 22 members,
15 from Lok Sabha and 7 from Rajya Sabha. So, Statement 1 is not correct.
The members are elected by the Parliament every year from amongst its members according to
the principle of proportional representation by means of the single transferable vote. Thus, all
parties get due representation in it. So, Statement 2 is correct.
The chairman of the committee is appointed from amongst its members by the Speaker. Until
1966 - ‘67, the chairman of the committee belonged to the ruling party. However, since 1967 a
convention has developed whereby the chairman of the committee is selected invariably from the
Opposition. So, Statement 3 is not correct.
Q.76) Consider the following statements with respect to appointment of Supreme court judges:
1. The President can appoint the judge of the Supreme court after consultation with the Chief
justice of India whose recommendations are binding.
2. In the second judge case, the Supreme court held that the Chief justice must constitute a
collegium of four senior-most judges to give recommendations to the President.
Which of the above statements is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
EXPLANATION
The President can appoint the judge of the Supreme court after consultation with the Chief
justice of India whose recommendations are binding. Where chief justice of India is appointed
by President after consultation with such judges of SV and the HC as he deems necessary. So,
Statement 1 is correct.
In the Second Judges case (1993), the Court reversed its earlier ruling and changed the
meaning of the word consultation to concurrence. Hence, it ruled that the advice tendered by
the Chief Justice of India is binding on the President in the matters of appointment of the
judges of the Supreme Court. But, the Chief Justice would tender his advice on the matter
after consulting two of his senior-most colleagues. So, Statement 2 is not correct.
Q.77) Consider the following statements:
1. The Ad Hoc Judges of the Supreme court are appointed by the President after consultation of
the chief justice of the high court and the Chief justice of India.
2. The Chief justice of India can appoint a retired judge of the Supreme court as judge for a
temporary period only after previous consent of the President and also the person to be
appointed.
Which of the above statements is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
EXPLANATION
Ad hoc Judge When there is a lack of quorum of the permanent judges to hold or continue any
session of the Supreme Court, the Chief Justice of India can appoint a judge of a High Court
as an ad hoc judge of the Supreme Court for a temporary period. He can do so only after
consultation with the chief justice of the High Court concerned and with the previous consent of
the president. So, Statement 1 is not correct.
At any time, the chief justice of India can request a retired judge of the Supreme Court or a
retired judge of a high court (who is duly qualified for appointment as a judge of the Supreme
Court) to act as a judge of the Supreme Court for a temporary period. He can do so only with
the previous consent of the president and also of the person to be so appointed. So, Statement
2 is correct.
Q.78) With reference to Special Leave Petition, consider the following statements:
1. It is a discretionary power of the Supreme court and High courts and cannot be claimed as a
matter of right.
2. It can be granted against any court or tribunal including a military court.
3. It can only be granted in those judgements where the final award has been given.
Which of the above statements is/are not correct?
(a) 1 only
(b) 2 only
(c) 3 only
(d) 1,2 and 3
EXPLANATION
The Supreme Court is authorized to grant in its discretion special leave to appeal from any
judgement in any matter passed by any court or tribunal in the country (except military
tribunal and court-martial), This provision contains the four aspects as under:
• It is a discretionary power and hence, cannot be claimed as a matter of right.
• It can be granted in any judgement whether final or interlocutory.
• It may be related to any matter—constitutional, civil, criminal, income-tax, labour, revenue,
advocates, etc.
• It can be granted against any court or tribunal and not necessarily against a high
court (of course, except a military court).
Thus, the scope of this provision is very wide and it vests the Supreme Court with a plenary
jurisdiction to hear appeals. On the exercise of this power, the Supreme Court itself held that
‘being an exceptional and overriding power, it has to be exercised sparingly and with caution
and only in special extraordinary situations. Beyond that, it is not possible to fetter the exercise
of this power by any set formula or rule’. So, option (d) is correct.
Q.79) In the Indian context, the concept of Public Interest Litigation(PIL) can be most suitably
derived from?
(a) Judicial adventurism
(b) Judicial review
(c) Judicial activism
(d) Judicial restraint
EXPLANATION
In India, the PIL is a product of the judicial activism role of the Supreme Court. It
was introduced in the early 1980s. Justice V.R. Krishna Iyer and Justice P.N. Bhagwati
were the pioneers of the concept of PIL.
PIL is also known variously as Social Action Litigation (SAL), Social Interest Litigation
(SIL) and Class Action Litigation (CAL).
So, option (c) is correct.
ADDITIONAL INFORMATION
Features of PIL
• PIL is a strategic arm of the legal aid movement and is intended to bring justice within the
reach of the poor masses, who constitute the low visibility area of humanity.
• PIL is a different kind of Litigation from the ordinary traditional litigation which is essential of
an adversary Character where there is a dispute between two litigating parties, one making
claims seeking relief against the other and that other opposing such claim or resisting such
relief.
• PIL demands that violations of constitutional and legal rights of large numbers of people who
are poor, ignorant, or in a socially or economically disadvantaged position should not go
unnoticed and unredressed.
• PIL is essentially a cooperative effort on the part of the petitioner, the State or Public Authority,
and the Court to secure observance of the constitutional or legal rights, benefits and privileges
conferred upon the vulnerable sections of the community and to reach social justice to them.
• In PIL, litigation is undertaken for the purpose of redressing public injury, enforcing public
duty, protecting social, collective, diffused rights and interests or vindicating public interest.
• In PIL, the role held by the Court is more assertive than in traditional actions; it is creative
rather than passive and it assumes a more positive attitude in determining acts.
• Though in PIL court enjoys a degree of flexibility unknown to the trial of traditional private law
litigations, whatever the procedure adopted by the court it must be procedure known to
judicial tenets and characteristics of a judicial proceeding. In a PIL, unlike a traditional dispute
resolution mechanism, there is no determination on the adjudication of individual rights.
Q.80) With respect to languages in India, consider the following statements:
1. The Constitution prescribes Hindi written in devanagari script as the official language of the
Union.
2. The Supreme court hears petitions in both Hindi as well as English language.
3. The President's address at the joint sitting of both the houses of Parliament every year can be
read in both Hindi and English, as preferred by the President.
Which of the above statements is/are correct?
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1,2 and 3
EXPLANATION
Article 343(1) of the Constitution provides that Hindi in Devanagari script shall be the Official
Language of the Union. So, Statement 1 is correct.
Parliament has not made any provision for the use of Hindi in the Supreme Court. Hence SC
hears petitions or appeals only in English. So, Statement 2 is not correct.
The President's address at the joint sitting of both the houses of Parliament every year can be
read in both Hindi or English, as preferred by the President. The other version of Address in
English or Hindi, as the case may be, is read out by the Chairman of Rajya Sabha. So
statement 3 is correct.
Q.81) The origin of Panchayati Raj government as the third tier of government can be best
described by which of the following principles?
1. Democratic Decentralisation
2. Delegated legislation
3. Principle of Subsidiarity
4. Direct Democracy
Select the correct answer using the code given below:
(a) 1 only
(b) 1 and 3 only
(c) 1,2 and 3 only
(d) 1,2,3 and 4
EXPLANATION
Democratic Decentralization is popularly known as Panchayati raj in India. Panchayati raj
institutions have been considered as instruments of socio-economic transformation in rural
India. Decentralization of power to the Panchayats is seen as a means of empowering people
and involving them in decision-making process.
Delighted Legislation – Delegation of power means the act whereby a political authority
invested with certain powers turns over the exercise of those powers, in full or in part, to
another authority. But, in the case of local self-government the opposite happens, where local
bodies exercise their own authority rather than delegating to other organisations.
Principle of Subsidiarity – Subsidiarity holds that such functions of government should be
performed at the lowest level possible, as long as they can be performed adequately. When they
cannot, higher levels of government must intervene. The idea of local self government ensures
this concept.
Direct Democracy – Direct democracy is not a well-suited principle for Panchayati raj, rather
it plays an important role in participatory Democracy. The primary objective of establishing the
third tier of the government is to increase democratic participation, to better articulate local
needs and priorities, and to ensure more efficient use of local resources along with greater
accountability and transparency.
So, option (b) is correct.
Q.82) Consider the following statements:
1. The 73rd Constitutional amendment act makes it mandatory to have a three tier system of
panchayati raj in every state at village, intermediate and district level.
2. While the act explicitly provides for reservation of seats for Scheduled caste, scheduled tribes
and women, it empowers the state legislature to provide reservation to Other backward class in
every panchayat.
Which of the above statements is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
EXPLANATION
The 73rd Constitutional Amendment Act added Part IX to the Constitution of India. The
provisions of the act can be grouped into two categories—compulsory and voluntary. The
compulsory (mandatory or obligatory) provisions of the act have to be included in the state
laws creating the new Panchayati raj system at the village, intermediate, and district
level.However the states having a population not exceeding 20 lakh may not constitute
panchayats at the intermediate level. So, Statement 1 is not correct.
The act provides for the reservation of seats for scheduled castes and scheduled tribes in
every panchayat (all three levels) in proportion ‘their population to the total population in the
panchayat area. Further, the state legislature shall provide for the reservation of offices of
chairperson in the panchayat tat the village or any other level for the SCs and STs.
The act provides for the reservation of not less than one-third of the total number of feats for
women (including the number of seats reserved for women belonging to the SCs and STs)
The act also authorizes the legislature of a state to make any provision for reservation of
seats in any panchayat or offices of chairperson in the panchayat at any level in favor of
backward classes. So, Statement 2 is correct.
Q.83) The PESA act of 1996 , also known as Extension act, is applicable to?
(a) Both the fifth and sixth schedule areas
(b) Only fifth schedule areas
(c) Only sixth schedule areas
(d) All the North Eastern states
EXPLANATION
PESA act of 1996 is only applicable to the 5th schedule areas.
The provisions of Part IX of the constitution relating to the Panchayats do not apply to the Fifth
Schedule areas. However, the Parliament may extend these provisions to such areas, subject to
such exceptions and modifications as it may specify. Under this provision, the Parliament has
enacted the “Provisions of the Panchayats (Extension to the Scheduled Areas) Act”, 1996,
popularly known as the PESA Act or the Extension Act.
At present (2019), ten states have Fifth Schedule Areas. These are Andhra Pradesh, Telangana,
Chhatisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha
and Rajasthan. All the ten states have enacted requisite compliance legislation by amending
the respective Panchayati Raj Acts.
So, option (b) is correct.
ADDITIONAL INFORMATION
Features of PESA Act
• A State legislation on the Panchayats in the Scheduled Areas shall be in consonance with the
customary law, social and religious practices and traditional management practices of
community resources.
• A village shall ordinarily consist of a habitation or a group of habitations or a hamlet or a
group of hamlets comprising a community and managing its affairs in accordance with
traditions and customs.
• Every village shall have a Gram Sabha consisting of persons whose names are included in the
electoral rolls for the Panchayat at the village level.
• Every Gram Sabha shall be competent to safeguard and preserve the traditions and customs of
the people, their cultural identity, community resources and the customary mode of dispute
resolution.
• Every Gram Sabha shall
I. approve of the plans, programs and projects for social and economic development
before they are taken up for implementation by the Panchayat at the village level; and
II. be responsible for the identification of beneficiaries under the poverty alleviation and
other programmes.
• Every Panchayat at the village level shall be required to obtain from the Gram Sabha a
certification of utilisation of funds for the above plans, programmes and projects.
• The reservation of seats in the Scheduled Areas in every Panchayat shall be in proportion to
the population of the communities for whom reservation is sought to be given under Part IX of
the Constitution. However, the reservation for the Scheduled Tribes shall not be less than one-
half of the total number of seats. Further, all seats of Chairpersons of Panchayats at all levels
shall be reserved for the Scheduled Tribes.
• The state government may nominate such Scheduled Tribes which have no representation in
the Panchayat at the intermediate level or the Panchayat at the district level. But such
nomination shall not exceed one-tenth of the total members to be elected in that Panchayat.
• The Gram Sabha or the Panchayats at the appropriate level shall be consulted before making
the acquisition of land in the Scheduled Areas for development projects and before resettling or
rehabilitating persons affected by such projects in the Scheduled Areas. However, the actual
planning and implementation of the projects in the Scheduled Areas shall be coordinated at
the state level.
• Planning and management of minor ¢ ‘water bodies in the Scheduled Areas shall be entrusted
to Panchayats at the? appropriate level.
• The recommendations of the Gram Sabha or the Panchayats at the appropriate level shall be
mandatory for grant of prospecting license or mining lease for minor minerals in the
Scheduled Areas.
Q.84) Which of the following offices is/are appointed by the Governor of a state?
1. State Election Commission(SEC)
2. State Finance Commission
3. Accountant General
4. Judges of high court
Select the correct answer using the code given below:
(a) 1,2 and 3 only
(b) 1 and 2 only
(c) 1,3 and 4 only
(d) 2 and 3 only
EXPLANATION
Listed here are some of the offices appointed by Governor of state
1. Advocate General
2. Chief Minister
3. State Election Commissioners
4. Chairman and members of Public Service Commission
So, option (b) is correct.
Q.85) With reference to evolution of Urban local bodies in India, which of the following
statements is/are correct?
1. The first municipal corporation in India was set up in the 17th century in Bombay province.
2. Lord Ripon’s resolution of 1882 is called the Magna Carta of local self government in India.
3. The British colonial laws mainly focussed on development of urban local bodies with negligible
attention to rural areas.
Select the correct answer using the code given below:
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1,2 and 3
EXPLANATION
The first municipal corporation was set up in the 16th century in Madras. So, Statement 1 is
not correct.
Lord Ripon’s resolution of 1882 is called the Magna Carta of local self-government in India. He
is called the father of local self-government in India. So, Statement 2 is correct.
British colonial laws are mainly focused on the urban local bodies because of the availability of
resources and urban cities like Madras and Kolkata have ports which are used for trading so it
is necessary for the British to concentrate in urban local bodies with negligible attention to
rural areas. Rapid urbanization in the state over the past few decades is witnessed in the
growth of municipal bodies. The numbers of municipal towns have gone up from 93 in 1951 to
122 in 2000. So, Statement 3 is correct.
Q.86) Which of the following can be represented in a municipality as per the 74th
Constitutional amendment act?
1. Persons with special knowledge or experience in municipal administration.
2. Members of Lok sabha and Rajya sabha within the municipal area
3. Members of the state legislative assembly.
Select the correct answer using the code given below:
(a) 1 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1,2 and 3
EXPLANATION
All members of a municipality shall be elected directly by the people of the municipal area, For
this purpose, each won municipal area shall be divided into territorial constituencies to be
known as wards. The state legislature may provide the manner of in of election of the
chairperson of a municipality. It may also provide for the representation of the following persons
in a municipality.
• Persons having special knowledge or experience in municipal administration without the
right to vote in the meetings of municipality.
• The members of the Lok Sabha and the state legislative assembly representing constituencies
that comprise wholly or partly the municipal area.
• The members of the Rajya Sabha and the state legislative council registered as electors
within the municipal area.
• The chairpersons of committees (other than wards committees).
So, option (d) is correct.
Q.87) Which of the following is an entirely elected body?
1. District Planning committee
2. Metropolitan planning committee
3. Notified Area committee
Select the correct answer using the code given below:
(a) 1 and 2 only
(b) 3 only
(c) 1,2 and 3
(d) None of these
EXPLANATION
District Planning committee – The 4/5th of the members should be elected by the elected
members of district panchayat and municipalities in the district among themselves. Here 1/5
members are nominated.
Metropolitan planning committee - The act lays down that two-thirds of the members of a
metropolitan planning committee should be elected by the elected members of the municipalities
and chairpersons of the panchayats in the metropolitan area from amongst themselves. The
representation of these members in the committee should be in proportion to the ratio between
the population of the municipalities and the panchayats in that metropolitan area. Here 1/3rd
members are nominated.
Notified Area committee - It is an entirely nominated body, that is, all the members of a
notified area committee including the chairman are nominated by the state government. Thus, it
is neither an elected body nor a statutory body.
So, option (d) is correct.
ADDITIONAL INFORMATION
District Planning committee
• Every state shall constitute at the district level, a district planning committee to Consolidate
the plans prepared by panchayats and municipalities the in the district , and to prepare a
draft development plan for the district as a whole.
• The state legislature may make provisions with respect to the following:
1. The composition of such committees;
2. The manner of election of members of such committees;
3. The functions of such committees in relation to district planning; and
4. The manner of the election of the chair_ Persons of such committees.
Metropolitan planning committee
• Every metropolitan area shall have a metropolitan planning committee to prepare a draft
development plan’. The state legislature may make provisions with respect to the following:
1. The composition of such committees;
2. The manner of election of members of such committees;
3. The representation in such committees of the Central government, state government
and other organisations;
4. The functions of such committees in relation to planning and coordination for the
metropolitan area; and
5. The manner of election of chairpersons of such committees.
Notified Area committee
• A notified area committee is created for the administration of two types of areas—a fast
developing town due to industrialisation, and a town which does not yet fulfil all the conditions
necessary for the constitution of a municipality, but which otherwise is considered important
by the state government.
• Since it is established by notification in the government gazette, it is called as notified area
committee.
• Though it functions within the framework of the State Municipal Act, only those provisions of
the act apply to it which are notified in the government gazette by which it is created. It may
also be entrusted to exercise powers under any other act.
• Its powers are almost equivalent to those of a municipality.
Q.88) Consider the following statements with respect to Union Public Service
Commission(UPSC):
1. The Process of removal of the Chairman or members of UPSC is same as the members of
Election commission of India.
2. The Chairman as well as members of UPSC are not eligible for further employment of the
Government of India or the state.
3. The jurisdiction of UPSC can be extended by an act made by the Parliament.
Which of the above statements is/are correct?
(a) 1 and 2 only
(b) 1 and 3 only
(c) 3 only
(d) 2 and 3 only
EXPLANATION
The Process of removal of the Chairman or members of UPSC is not same as the members of the
Election commission of India.
The President can remove the chairman or any other member of UPSC from the office under the following circumstances:
(a) If he is adjudged an insolvent (that is, has gone bankrupt);
(b) If he engages, during his term of office, in any paid employment outside the duties of his office; or
(c) If he is, in the opinion of the president, unfit to continue in office by reason of infirmity of
mind or body.
President can also remove the chairman or any other member of UPSC for misbehavior.
However, in this case, the president has to refer the matter to the Supreme Court for an
enquiry. If the Supreme Court, after the enquiry, upholds the cause of removal and advises so,
the president can remove the chairman or a member. Under the provisions of the Constitution,
the advice tendered by the Supreme Court in this regard is binding on the President.
Where ECI is removed as the Supreme Court judge is removed. He can be removed by the
president on the basis of a resolution passed to that effect by both the Houses of Parliament
with a special majority, either on the ground of proved misbehaviour or incapacity. So,
Statement 1 is not correct.
The chairman of UPSC is not eligible for further employment of the Government of India or the
state. However, members of UPSC are eligible for further appointment as the chairman of UPSC
or SPSC but not for any other employment in the GOI and state. So, Statement 2 is not
correct.
The additional functions relating to the services of the Union can be conferred on UPSC by the
Parliament. It can also place the personnel system of any authority, corporate body, or public
institution within the jurisdiction of the UPSC. Hence the jurisdiction of UPSC can be extended
by an act made by the Parliament. So, Statement 3 is correct.
ADDITIONAL INFORMATION
• UPSC is the central recruiting agency in India. It is an independent Constitutional body in the
sense that it has peen directly created by the Constitution.
• Articles 315 to 323 in Part XIV of the Constitution contain elaborate provisions regarding the
composition, appointment and removal of members along with the independence, powers and
functions of the UPSC.
• The UPSC consists of a chairman and other members appointed by the president of India. The
Constitution, without specifying the strength of the Commission has left the matter to the
discretion of the president, who determines its composition.
• Usually, the Commission consists of nine to eleven members including the chairman. Further,
no qualifications are prescribed for the Commission's membership except that one-half of the
members of the Commission should be such persons who have held office for at least ten years
either under the Government of India or under the government of a state.
• The Constitution also authorises the president to determine the conditions of service of the
chairman and other members of the Commission.
Q.89) With reference to CAG of India, consider the following statements:
1. CAG compiles and maintains state governments but not of the central government.
2. The scope of audit of CAG with respect to expenditure of the government is more than that of
audit of receipt of the government.
3. The CAG is responsible only to the Parliament of India.
Which of the above statements is/are correct?
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1,2 and 3
EXPLANATION
CAG compiles and maintains only for the State Governments. The Parliament enacted the
CAGs (Duties, Powers and Conditions of service) act in 1971 and was amended in 1976 to
separate accounts from audit in the Central Government. After this amendment CAG was
relived from the duty of maintaining accounts of the Central government. So, Statement 1 is
correct.
The CAG has more freedom with regard to the audit of expenditure than with regard to the
audit of receipts, stores, and stock. “Whereas in relation to expenditure he decides the scope
of the audit and frames his own audit codes and manuals, he has to proceed with the
approval of the executive government in relation to rules for the conduct of the other audits.
So, Statement 2 is correct.
The role of CAG is to uphold the Constitution of India and the laws of Parliament in the field
of financial administration. The CAG is an agent of the Parliament and conducts an audit of
expenditure on behalf of the Parliament. Therefore, he is responsible only to the Parliament.
So, Statement 3 is correct.
ADDITIONAL INFORMATION
CAG
• The Constitution of India provides for an independent office of the Comptroller and Auditor
General of India (CAG). He is the head of the Indian Audit and Accounts Department’.
• He is the guardian of the public purse and controls the entire financial system of the country
at both the levels—the Centre and the state.
• His duty is to uphold the Constitution of India and laws of Parliament in the field of financial
administration.
• CAG audits the accounts related to all expenditure from the Consolidated Fund of India,
consolidated fund of each state and consolidated fund of each union territory having a
Legislative Assembly.
• He audits all expenditures from the Contingency Fund of India and the Public Account of India
as well as the contingency fund of each state and the public account of each state.
• He audits all trading, manufacturing, profit and loss accounts, balance sheets and other
subsidiary accounts kept by any department of the Central Government and state
governments.
Q.90) Consider the following statements:
1. A community can be recognised as a scheduled tribe if it qualifies the criteria laid down in the
Constitution.
2. Any inclusion or exclusion of a tribe from the list of scheduled tribes can only be done through
Presidential notification.
Which of the above statements is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
EXPLANATION
Constitution does not have any criteria to be recognize a community as the Scheduled tribes. So,
Statement 1 is not correct.
Parliament may be law include in or exclude from the list of Scheduled Tribes or part of or group
within any tribe or tribal community. President may with respect to any State or Union Territory,
and where it is a State, after consultation with the Governor thereof, by public notification, specify
the tribes or tribal communities or part of or groups within tribes or tribal communities as
Scheduled Tribe in relation to that State or Union Territory. So, Statement 2 is not correct.
Q.91) Which of the following are the members of the selection committee formed for the
selection of chairperson and members of Lokpal?
1. Prime Minister
2. Eminent jurist nominated by the President of India
3. Leader of opposition in lok sabha
4. Speaker of Lok sabha
5. Chief justice of India
Select the correct answer using the code given below:
(a) 1,4 and 5 only
(b) 1,2,4 and 5 only
(c) 1,2 and 3 only
(d) 1,2,3,4 and 5
EXPLANATION
The members are appointed by the president on the recommendation of a Selection Committee.
The selection committee is composed of the Prime Minister who is the Chairperson; Speaker of
Lok Sabha, Leader of Opposition in Lok Sabha, Chief Justice of India or a Judge nominated by
him/her, and One eminent jurist. So, option (d) is correct.
ADDITIONAL INFORMATION
Lok Pal
• The Lokpal is the first institution of its kind in independent India, established under the
Lokpal and Lokayuktas Act 2013 to inquire and investigate allegations of corruption against
public functionaries who fall within the scope and ambit of the above Act.
• The Lokpal of India is committed to addressing the concerns and aspirations of the citizens of
India for clean governance.
• It shall make all efforts within its jurisdiction to serve the public interest and shall endeavor to
use the powers vested in it to eradicate corruption in public life.
• India is a signatory to the United Nations Convention against Corruption.
• The commitment of the Government to provide clean and responsive governance is reflected in
the passing of the legislation and creation of the body of Lokpal, to contain and punish acts of
corruption.
• The Lokpal is vested with the power of search and seizure and also powers under the Civil
Procedure Code for the purpose of conducting preliminary inquiry & investigation and power of
attachment of assets and taking other steps for eradication of corruption.
• Lokpal will have the power of superintendence and direction over any central investigation
agency including CBI for cases referred to them by the Lokpal.
Q.92) Which of the following Constitutional amendment acts gave Constitutional status to the
Co-operative societies in India?
(a) 97th Constitutional amendment act
(b) 95th Constitutional amendment act
(c) 85th Constitutional amendment act
(d) 86th Constitutional amendment act
EXPLANATION
97th Constitutional amendment Act gave Constitutional status to the Co-operative societies in
India. So, option (a) is correct.
ADDITIONAL INFORMATION
Laws governing Cooperative Societies
• Cooperation is in the concurrent list, which means both the central and state governments can
govern them.
• A majority of the cooperative societies are governed by laws in their respective states, with a
Cooperation Commissioner and the Registrar of Societies as their governing office.
• In 2002, the Centre passed a Multi-State Cooperative Societies Act that allowed for the
registration of societies with operations in more than one state.
• These are mostly banks, dairies, and sugar mills whose area of operation spreads across
states.
• The Central Registrar of Societies is their controlling authority, but on the ground, the State
Registrar takes action on his behalf.
Constitutional Provisions Related to Cooperatives
• The 97th Amendment Constitutional Act, 2011 added a new Part IXB regarding the
cooperatives working in India.
• This Act amended Article 19(1)(c) of the Constitution by adding the word “cooperatives” after
“unions and associations”. This enables all the citizens the fundamental right to form
cooperatives.
• A new Article 43B was added in the Directive Principles of State Policy regarding the
“promotion of cooperative societies”.
Q.93) Consider the following statements with regard to the Central Administrative tribunal
created under Article 323 A of the Constitution:
1. The CAT exercises original jurisdiction in relation to service matters of members of all India
services, central civil service, defence forces and servants of the Supreme court.
2. The appeals against the order of CAT can be made only in the Supreme court.
3. It is guided by the principle of natural justice and is not bound by the civil procedure code of
1908.
Which of the above statements is/are correct?
(a) 1 and 3 only
(b) 3 only
(c) 2 and 3 only
(d) 1 and 2 only
EXPLANATION
The CAT exercises original jurisdiction in relation to recruitment and all service matters of
public servants covered by it. Its jurisdiction extends to the all-India services, the Central civil
services, civil posts under the Centre, and civilian employees of defense services. However, the
members of the defense forces, officers and servants of the Supreme court, and the secretarial
staff of the Parliament are not covered by it. So, Statement 1 is not correct.
Originally, appeals against the orders of the CAT could be made only in the Supreme Court
and not in the high courts. However, in the Chandra Kumar case” (1997), the Supreme Court
declared this restriction on the jurisdiction of the high courts as unconstitutional, holding
that judicial review is a part of the basic structure of the Constitution. It laid down that
appeals against the orders of the CAT shall lie before the division bench of the concerned high
court. Consequently, now it is not possible for an aggrieved public servant to approach the
Supreme Court directly against an order of the CAT, without first going to the concerned high
court. So, Statement is not correct.
The CAT is not bound by the procedure laid down in the Civil Procedure Code of 1908. It is
not guided by the principles of natural justice. These principles keep the CAT flexible in
approach. Only a nominal fee of Rs50 is to be paid by the applicant. So, Statement 3 is
correct.
ADDITIONAL INFORMATION
CAT
• The 42nd Amendment Act of 1976 added a new Part XIV-A to the Constitution This part is
entitled as ‘Tribunals’ and consists of only two Articles—Article 323 A dealing with
administrative tribunals and Article 323 B dealing with tribunals for other matters.
• Article 323 A empowers the Parliament to provide for the establishment of administrative
tribunals for the adjudication of disputes relating to recruitment and conditions of service of
persons appointed to public services of the Centre, the states, local bodies, public corporations
and other public authorities.
• In other words, Article 323 A enables the Parliament to take out the adjudication of disputes
relating to service matters from the civil courts and the high courts and place it before the
administrative tribunals.
• Under Article 323 B, the Parliament and the state legislatures are authorized to provide for the
establishment of tribunals for the adjudication of disputes relating to the fol. lowing matters:
1. Taxation
2. Foreign exchange, import and export (c) Industrial and labor
3. Land reforms
4. Ceiling on urban property
5. Elections to Parliament and state legislatures
6. Foodstuffs
7. Rent and tenancy rights
• The CAT is a multi-member body consisting of a chairman and members. Originally, the CAT
consisted of a Chairman, Vice-Chairman, and members. Later, in 2006, the provision for the
Vice-Chairman was removed by the Administrative Tribunals (Amendment) Act, 2006.
• Hence, there is now no Vice-Chairman in the CAT. At present (2019), the sanctioned strength
of the chairman is one, and sanctioned strength of Members is 65.
• They are drawn from both judicial and administrative streams and are appointed- by -the
President.
• They hold office for a term of five years or until they attain the age of 65 years in the case of
chairman and 62 years in case of members, whichever is earlier.
Q.94) Consider the following statements with respect to Model Code of Conduct(MCC) in
context of Indian elections:
1. MCC was evolved by the Parliament of India on the basis of consensus among the political
parties in 1968.
2. MCC comes into effect from the day on which election schedules are announced by the
Election commission of India.
3. It is not enforceable by law.
Which of the above statements is/are correct?
(a) 1 and 2 only
(b) 2 and 3 only
(c) 3 only
(d) 1,2 and 3
EXPLANATION
In 1968, the Election Commission held meetings with political parties at the State level and
circulated the Code of Conduct to observe the minimum standard of behavior to ensure free
and fair elections. It was not evolved by the Parliament. So, Statement 1 is not correct.
MCC comes into operation from the day ECI announces the program for election. It ensures
that electoral offences, malpractices, and corrupt practices such as impersonation, bribing
and inducement of voters, threat and intimidation to the voters, are prevented by all
means. So, Statement 2 is correct.
The MCC is not enforceable by law. However, certain provisions of the MCC may be
enforced through invoking corresponding provisions in other statutes such as the Indian
Penal Code, 1860, Code of Criminal Procedure, 1973, and Representation of the People Act,
1951. So, Statement 3 is correct
ADDITIONAL INFORMATION
MCC
The Model Code of Conduct (MCC) is a set of guidelines issued by the Election Commission of India for
the conduct of political parties & candidates during elections. The norms have been evolved with the
consensus of political parties who have consented to abide by the principles embodies in the said code
and also binds them to respect and observe it in its letter and spirit.
Provisions
• No Minister either of Central or State government shall undertake an official visit of any
constituency from which elections have been announced by ECI till the end of the election
process.
• All arrangements for the campaign purposes are to be made by non-officials and not by
government servants except those relating to the maintenance of law and order.
• Under no circumstances, political or personal visits of the Ministers can be combined with
official visits during MCC.
• Ministers traveling for official work should not halt in the constituency where MCC is in place.
• Any entertainment at state cost on a religious occasion is prohibited.
• The contesting candidates and their campaigners must respect the home life of others . The
right of every individual for peaceful and undisturbed home life should be fully safeguarded
• Criticism of other political parties, when made, shall be confined to their policies and
programme, past record and work. Parties and Candidates shall refrain from criticism of all
aspects of private life
• The public spaces like meeting grounds, helipads, should be equally shared among the
contesting candidates . These public spaces should not be allowed to be monopolized by a few
candidates.
• No party or candidate shall include in any activity which may aggravate existing differences or
create mutual hatred or cause tension between different castes and communities, religious or
linguistic.
Q.95) With reference to election process, consider the following statements:
1. The nominated candidates for election can withdraw their nomination within two days from the
date of scrutiny of their nomination papers.
2. The candidate must be present in physical form before the returning officer to subscribe the
oath or affirmation.
3. The official campaign of candidates must end 49 hours before the polling closes in that
constituency.
Which of the above statements is/are not correct?
(a) 1 only
(b) 2 only
(c) 3 only
(d) None of these
EXPLANATION
1. The formal process for the elections starts with the Notification or Notifications calling upon
the electorate to elect Members of a House. As soon as Notifications are issued, candidates
can start filing their nominations in the constituencies from where they wish to contest.
These are scrutinized by the Returning Officer of the constituency concerned after the last
date for the same is over after about a week. The validly nominated candidates can
withdraw from the contest within two days from the date of scrutiny. Contesting
candidates get at least two weeks for a political campaign before the actual date of the poll.
So, Statement 1 is correct.
2. A candidate must make and subscribe to an oath or affirmation before an officer authorized
by the Election Commission. For any particular election, the authorized persons are,
principally, the Returning Officer and the Assistant Returning Officer for the constituency.
In the case of a candidate confined in a prison or under preventive detention, the
superintendent of the prison or commandant of the detention camp in which he is so
confined or is under such detention is authorized to administer the oath. And in the case of
a candidate confined to bed in a hospital or elsewhere owing to illness or any other cause,
the medical superintendent in charge of the hospital or the medical practitioner attending
on him is similarly authorized. If a candidate is outside India, the Indian Ambassador or
High Commissioner or diplomatic consular authorized by him can also administer
oath/affirmation. The candidate, in person, is required to take the oath or affirmation
immediately after presenting his nomination papers and in any case not later than the day
previous to the date of the scrutiny’. So, Statement 2 is not correct.
3. The campaign is the period when the political parties put forward their candidates and
arguments with which they hope to persuade people to vote for their candidates and
parties. Candidates are given a week to put forward their nominations. These are
scrutinized by the Returning Officers and if not found to be in order can be rejected after a
summary hearing. Validly nominated candidates can withdraw within two days after
nominations have been scrutinized. The official campaign lasts at least two weeks from
the drawing up of the list of nominated candidates, and officially ends 48 hours
before polling closes. So, Statement 3 is not correct
All the given statements are correct. So, option is correct.
Q.96) Consider the following statements:
1. Only Parliament and not the state legislature is empowered to make laws on all matters
relating to elections to the Parliament and the state legislatures.
2. The orders issued by the delimitation commission relating to delimitation of constituencies
cannot be challenged in any court.
3. Disputes related to elections can only be appealed in the Supreme court of India.
Which of the above statements is/are correct?
(a) 1 and 2 only
(b) 2 and 3 only
(c) 2 only
(d) 1 and 3 only
EXPLANATION
Parliament may make provisions concerning all matters relating to elections to the Parliament
and the state legislatures including the preparation of electoral rolls, the delimitation of
constituencies, and all other matters necessary for securing their due constitution. The state
legislatures can also make provision with respect to all matters relating to elections to the
state legislatures including the preparation of electoral rolls and all other matters
necessary for securing their due constitution. But, they can make provision for only those
matters which are not covered by the Parliament. In other words, they can only supplement the
parliamentary law and cannot override it. So, Statement 1 is not correct.
The Constitution declares that the validity of any law relating to the delimitation of
constituencies or the allotment of seats to such constituencies cannot be questioned in any
court. Consequently, the orders issued by the Delimitation Commission become final and cannot
be challenged in any court. So, Statement 2 is correct.
Disputes related to elections can only be appealed in the High court of India, not by the Supreme
Court. So, Statement 3 is not correct.
Q.97) Consider the following:
1. Allocation of seats in the lok sabha and state legislature
2. Preparation of electoral rolls for Parliamentary constituencies.
3. Notification of general elections
4. Registration of political parties.
Which of the above subject matters related to election are contained in Representation of People
act, 1951?
(a) 2,3 and 4 only
(b) 1,3 and 4 only
(c) 1 and 2 only
(d) 3 and 4 only
EXPLANATION
Subject matters related to the election are contained in the Representation of People act,
1951.
1. Qualifications and disqualifications for membership of Parliament and State Legislatures
2. Notification of general elections
3. Administrative machinery for the conduct of elections
4. Registration of political parties
5. Conduct of elections
6. Free supply of certain material to candidates of recognized political parties
7. Disputes regarding elections
8. Corrupt practices and electoral offenses
9. Powers of Election Commission in connection with inquiries as to disqualifications of
members.
10. Bye-elections and time limit for filling vacancies.
11. Miscellaneous provisions relating to elections.
12. Barring the jurisdiction of civil courts.
So, option (d) is correct.
Q.98) Consider the following:
1. Judicial review
2. Division of power
3. Separation of power
Which of the above do not limit the sovereignty of Indian Parliament?
(a) 1 and 2 only
(b) 3 only
(c) 2 only
(d) None of these
EXPLANATION
Judicial Review - Judicial review can be struck down by the laws made by the Parliament
if it is found to be violative to the Constitution. Interfere by the Supreme Court limit the
Parliament in making laws that limit the sovereignty of the Indian Parliament.
Division of powers - This leads to Division of powers between the Central Government and
the state governments. In ordinary circumstances the Central Government cannot legislate
on the matters mentioned in the state this limits the sovereignty of the Indian Parliament.
Separation of Powers - Separation of powers divides the mechanism of governance into three branches i.e. Legislature, Executive, and the Judiciary. Parliament doesn’t have the power to make laws that are violative. The judiciary can strike down laws that it considers unconstitutional or arbitrary. The legislature, on its part, has protested against judicial activism and tried to frame laws to circumvent certain judgments. Judicial activism is said to be against the principle of separation of powers. There have been instances where the courts have issued laws and policies through judgements. For example, the Vishakha Guidelines where the SC issued guidelines on sexual harassment. Thus Division of power limits the sovereignty of Indian Parliament.
All three limits the sovereignty of Indian Parliament. So, option (d) is correct
Q.99) Consider the following statements with respect to Anti defection law in India:
1. It was added in the Constitution by the 52nd constitutional amendment act of 1985 and later
amended by 91st amendment act of 2003.
2. It provides for defection as a ground for disqualification for the elected members of the house
only.
3. The presiding officer of the house is the final decision authority under the law and his decision
cannot be challenged in a court of law.
Which of the above statements is/are correct?
(a) 1 only
(b) 1 and 2 only
(c) 2 and 3 only
(d) 1,2 and 3
EXPLANATION
The 52nd Amendment Act of 1985 provided for the disqualification of the members of
Parliament and the state legislatures on the ground of defection from one political party to
another. For this purpose, it made changes in four Articles’ of the Constitution and added a
new Schedule (the Tenth Schedule) to the Constitution. This act is often referred to as the
‘anti-defection law’. Later, the 91% Amendment Act of 2003 made one change in the
provisions of the Tenth Schedule. It omitted an exception provision i.e., disqualification on the
ground of defection not to apply in case of split. So, Statement 1 is correct.
It provides for defection as a ground for disqualification for all members elected members
including the independent and the nominated members of the house. So, Statement 2 is not
correct.
Any question regarding disqualification arising out of defection is to be decided by the
presiding officer of the House. Originally, the act provided that the decision of the presiding
officer is final and cannot be questioned in any court. However, in the Kihoto Hollohan case
(1993), the Supreme Court declared this provision as unconstitutional on the ground that it
seeks to take away the jurisdiction of the Supreme Court and the high courts. It held that
the presiding officer while deciding a question under the Tenth Schedule, functions as a
tribunal. Hence, his decision like that of any other tribunal is subject to judicial review
on the grounds of malafides, perversity, etc. So, Statement 3 is not correct.
ADDITIONAL INFORMATION
Disqualifications
Members of Political Parties: A member of a House belonging to any political party becomes
disqualified for being a member of the House,
a. if he voluntarily gives up his membership of such political party; or
b. if he votes or abstains from voting in such House contrary to any direction issued by his
political party without obtaining prior permission of such party and such act has not been
condoned by the party within 15 days.
From the above provision it is clear that a member elected on a party ticket should continue in the
party and obey the party directions.
Independent Members: An independent member of a House (elected without being set up as a
candidate by any political party) becomes disqualified to remain a member of the House if he joins any
political party after such election.
Nominated Members: A nominated member of a House becomes disqualified for being a member of
the House if he joins any political party after the expiry of six months from the date on which he takes
his seat in the House.
This means that he may join any political party within six months of taking his seat in the House
without inviting this disqualification.
Q.100) Consider the following statements with respect to powers of the Election commission of
India(ECI):
1. The ECI has the power to recognise as well as derecognise political parties in India.
2. ECI can cancel polls in the event of rigging , booth capturing , violence or other irregularities as
it deems fit.
3. ECI advises the President and Governors on matters relating to disqualification of members of
Parliament and state legislature respectively.
Which of the above statements is/are correct?
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1,2 and 3
EXPLANATION
The ECI has only powers to recognize political parties, it does not have the power to
derecognize the political party. So, Statement 1 is not correct.
ECI has the power to cancel the polls in event of rigging, booth capturing, violence, and other
irregularities. So, Statement 2 is correct.
ECI advises the President and Governors on matters relating to disqualification of members of
Parliament and state legislature respectively. The President is bound by the Commission’s
recommendations. So, Statement 3 is correct.
ADDITIONAL INFORMATION
ECI
• The Election Commission is a permanent and independent body established by the
Constitution of India directly to ensure free and fair elections in the country.
• Article 324 of the Constitution provides that the power of superintendence, direction, and
control of elections to parliament, state legislatures, the office of president of India, and the
office of vice-president of India shall be vested in the election commission.
• Thus, the Election Commission is an all-India body in the sense that it is common to both the
Central government and the state governments.
• It must be noted here that the election commission is not concerned with the elections to
panchayats and municipalities in the states. For this, the Constitution of India provides for a
separate State Election Commission.
• Election Commission has been functioning as a multi-member body consisting of three election
commissioners.
COMPOSITION
Article 324 of the Constitution has made the following provisions about the composition of the election
commission:
• The Election Commission shall consist of the chief election commissioner and the such
number of other election commissioners, if any, as the president may from time to time fix.
• The appointment of the chief election commissioner and other election commissioners shall be
made by the president.
• When any other election commissioner is so appointed, the chief election commissioner shall
act as the chairman of the election commission.
• The president may also appoint after consultation with the election commission such as
regional commissioners as he may consider necessary to assist the election commission.
• The conditions of service and tenure of office of the election commissioners and the regional
commissioners shall be determined by the president
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