• Option d is the correct answer.
• Option A is incorrect. The Doctrine of Colourable Legislation means when a legislature does not have the power to make laws on a particular subject directly, it cannot make laws on it indirectly. So, whenever the Union or state encroaches their respective legislative competence and makes such laws, colourable legislation comes into the picture to determine legislative accountability of that law.
• Article 246 which has demarcated the Legislative Competence of the Parliament and the State Legislative Assemblies by outlining the different subjects under Union list, State list and Concurrent list.
• Option B is incorrect. Doctrine of Pith and Substance is applied when legislation made by one of the legislatures is challenged or trespassed by other legislatures. This doctrine says that when there is a question of determining whether a particular law relates to a particular subject the court looks to the substance of the matter. The Doctrine of Pith and Substance is usually applied where the question arises of determining whether a particular law relates to a particular subject (mentioned in Seventh Schedule), the court looks to the substance of the matter.
• Option C is incorrect. The Doctrine of Eclipse states that any law which is inconsistent with fundamental rights is not invalid. The inconsistency (conflict) can be removed by constitutional amendment.
• Doctrine of eclipse is contended in Article 13(1) of the Indian Constitution. Article 13 of the Indian Constitution describes the means for judicial review. It confers a power on the courts to declare a law or an act void if it infringes the fundamental rights.
• Option D is correct. The Doctrine of Harmonious Construction is followed when there arises an inconsistency between two or more statutes or sections of a particular statute. A statute is consistent with all the provisions of that statute should be used. Harmonious Construction says that you need to constitute the provision of the constitution in such a way that fundamental rights and DPSP go hand in hand. This is to avoid the situation of conflict while enforcing DPSP and Fundamental rights.

• Option D is the correct answer.
• Under Article 352, the President can declare a national emergency when the security of India or a part of it is threatened by war or external aggression or armed rebellion.
• Option A is incorrect. The President, however, can proclaim a national emergency only after receiving a written recommendation from the cabinet (and not Council of Ministers). Thus, an emergency can be declared only on the concurrence of the cabinet and not merely on the advice of the Prime Minister. This provision was introduced by the 44th Amendment Act of 1978 to eliminate any possibility of the Prime Minister alone taking a decision in this regard.
• Option B is incorrect. The declaration of a National Emergency was made immune from the judicial review by the 38th Amendment Act of 1975. But, this provision was subsequently deleted by the 44th Amendment Act of 1978. This was also affirmed by the Supreme Court in the Minerva Mills case (1980).
• In this case, the Supreme Court held that the proclamation of a national emergency can be challenged in a court on the ground of malafide or that the declaration was based on wholly extraneous and irrelevant facts or is absurd or perverse.
• Option C is incorrect. The proclamation of Emergency must be approved by both the Houses of Parliament within one month from the date of its issue. If approved by both the Houses of Parliament, the emergency continues for six months, and can be extended to an indefinite period with an approval of the Parliament for every six months. This provision for periodical parliamentary approval was added by the 44th Amendment Act of 1978.
• Option D is correct. During a national emergency, the Parliament becomes empowered to make laws on any subject mentioned in the State List. However, the legislative power of a state legislature is not suspended. But the state becomes subject to the overriding power of the Parliament. Thus, the normal distribution of the legislative powers between the Centre and states is suspended, though the state Legislatures are not suspended. In brief, the Constitution becomes unitary rather than federal.

• Option C is the correct answer.
• The Supreme Court (under Article 32) and the high courts (under Article 226) can issue the writs of habeas corpus, mandamus, prohibition, certiorari and quo-warranto.
• Option A is incorrect. Habeas Corpus 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. This writ can be issued against both public authorities as well as private individuals. However, it cannot be issued where the
1) detention is lawful
2) the proceeding is for contempt of a legislature or a court
3) detention is by a competent court
4) detention is outside the jurisdiction of the court
• Option B is incorrect. Quo-Warranto 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. It 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. It can be sought by any interested person and not necessarily by the aggrieved person.
• Option D is incorrect. Certiorari 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. This writ can be issued against judicial, quasi-judicial authorities and administrative authorities affecting rights of individuals.
• Option C is correct. Mandamus literally means ‘we command’. It is a command issued by the court to a public official asking him to perform his 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 against a private individual or body. Thus, in this case, if instead of the public servant, a businessman failed to perform his duty, the Supreme Court cannot then issue the writ of Mandamus. The writ of Mandamus also cannot be issued:
1) to enforce departmental instruction that does not possess statutory force
2) when the duty is discretionary and not mandatory
3) to enforce a contractual obligation
4) against the President of India or the state governors
5) against the chief justice of a high court acting in judicial capacity

• Option A is the correct answer.
• Option A is correct. The period between the prorogation of Parliament and its reassembly in a new session is termed as a ‘recess’.
• Option B is incorrect. A session is the period of time between the meeting of a Parliament and its prorogation (or dissolution in the case of the Lok Sabha). During a session, the House meets every day to transact business.
• Option C is incorrect. The period between the adjournment of either House and the resumption of its sitting is generally called an ‘adjournment’. A session of Parliament consists of many meetings. An adjournment suspends the work in a sitting for a specified time, which may be hours, days or weeks.
• Option D is incorrect. Adjournment sine die means terminating a sitting of Parliament for an indefinite period. The power of adjournment as well as adjournment sine die lies with the presiding officer of the House. He can also call a sitting of the House before the date or time to which it has been adjourned or at any time after the House has been adjourned sine die.
• Article 123 of the Constitution empowers the President to promulgate ordinances during the recess of Parliament.

• Option D is the correct answer.
• Right to Information Act 2005 mandates timely response to citizen requests for information. It was amended in 2019 to change the conditions of services of CIC and ICs.
• Statement 1 is incorrect. RTI Act, 2005 provided that the Chief Information Commissioner (CIC) and Information Commissioners (ICs) (at the central and state level) will hold office for a term of five years.
• RTI (Amendment) Act, 2019 removed this provision and states that the central government will notify the term of office for the CIC and the ICs.
• Statement 2 is incorrect. RTI Act, 2005 provided that the salary of the CIC and ICs (at the central level) will be equivalent to the salary paid to the Chief Election Commissioner and Election Commissioners, respectively. Similarly, the salary of the CIC and ICs (at the state level) will be equivalent to the salary paid to the Election Commissioners and the Chief Secretary to the state government, respectively.
• RTI (Amendment) Act, 2019 removed these provisions and states that the salaries, allowances, and other terms and conditions of service of the central and state CIC and ICs will be determined by the central government.
• Statement 3 is incorrect. The RTI Act, 2005 states that at the time of the appointment of the CIC and ICs (at the central and state level), if they are receiving pension or any other retirement benefits for previous government service, their salaries will be reduced by an amount equal to the pension.
• The RTI (Amendment) Act, 2019 removed these provisions.

• Option B is the correct answer.
• The concept of positive and negative liberty has been propounded by philosopher JS Mill.
• Statement 1 is incorrect. 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. How big should this area be, or what should it contain, are matters of discussion, and will continue to be matters of debate since the bigger the area of non-interference the more the freedom.
• Statement 2 is correct. Positive liberty recognises that one can be free only in society (not outside it) and hence tries to make that society such that it enables the development of the individual. 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. That is, the person must not be constrained by poverty or unemployment; they must have adequate material resources to pursue their wants and needs.

• Option A is the correct answer.
• Professor K T Shah raised the proposal to include the word “Socialist” in the preamble. However, the amendment was negatived by constitution assembly.
• Option A is correct. According to Ambedkar, this proposal was rejected because “What should be the policy of the State, how the Society should be organised in its social and economic side are matters which must be decided by the people themselves according to time and circumstances. It cannot be laid down in the Constitution itself, because that is destroying democracy altogether.”
• Option B is incorrect. The term ‘Non-Alignment’ was used for the first time in 1950 at the United Nations by India and Yugoslavia, both of which refused to align themselves with either side in the multialliances involving Korean War. It was much after the constitution has been drafted. Also the movement began in 1960 at Belgrade Conference.
• Option C is incorrect. Although India didn’t had enough resources but it included socialistic principles in Directive Principles of State Policy. The principles were made non-justiciable for the lack of resources. It was hence not the reason to not include the word Socialist in the preamble. Also the Congress (ruling party) in its 1953 Session passed the resolution of India adopting the socialist policies in governance.
• Option D is incorrect. It is a random statement to confuse the candidate. There was no such vote from industrialist in the constitution assemble.

• Option D is the correct answer.
• “Exit-poll” is an opinion survey regarding how electors have voted at an election or how all the electors have performed with regard to the identification of a political party or candidate in an election.
• Statement 1 is incorrect. An opinion poll is a pre-election survey to gather voters’ views on a range of election-related issues. However, an exit poll, is conducted immediately after people have voted, and assesses the support for political parties and their candidates.
• Statement 2 is incorrect. Section 126A of the Representation of the People Act, 1951 contains a provision relating to Exit Polls. It states that “No person shall conduct any exit poll and publish or publicise by means of the print or electronic media or disseminate in any other manner, whatsoever, the result of an exit poll during such period as may be notified by the Election Commission in this regard.”
• Statement 3 is correct. According to a 2009 provision, no person shall conduct any exit poll and publish or publicise by means of the print or electronic media or disseminate in any other manner, the result of any exit poll during the period notified by the Election Commission in this regard.
• The Election Commission had announced that Exit polls can be telecast by agencies, including all websites, only after final phase of polling. Also, according to a 2009 provision, conducting exit polls and publishing results of exit polls would be prohibited during the election to Lok Sabha and State Legislative Assemblies.
• Further, any person who contravenes this provision shall be punishable with imprisonment of upto two years or with fine or with both.

Option b is the correct answer.
• Statement 1 is incorrect. In USA the president’s pardoning power only applies to federal crimes and not state crimes. Those pardoned by the President can still be tried under the laws of individual states.
• Whereas in India, even if a state law calls for the death penalty, the President, not the governor, has the authority to grant a pardon.
• Statement 2 is correct. The President of India cannot exercise his power of pardon independent of the government. In several cases, the Supreme Court (SC) has ruled that the President has to act on the advice of the Council of Ministers while deciding mercy pleas. Whereas, the USA Supreme Court has held that this power is granted without limit and cannot be restricted by Congress (legislature).
• The President is not answerable for his pardons, and does not have to provide a reason for issuing one.
• Statement 3 is correct. Under Article 72 of the Indian Constitution, the President shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence where the sentence is a sentence of death. Whereas, Article II, Section 2 of the US Constitution says all Presidents “shall have Power to grant Reprieves and Pardons for Offenses against the United States.

• Option D is the correct answer.
• Statement 1 is correct. In 2019, the erstwhile state of Jammu and Kashmir was bifurcated into two separate union territories, namely, the Union territory of Jammu and Kashmir, and the Union territory of Ladakh.
• While introducing the Jammu and Kashmir Reorganisation Bill, 2019, in the Parliament, the central government gave the following reasons for the creation of these two new union territories:
I. Further, keeping in view the prevailing internal security situation, fuelled by cross border terrorism in the existing state of Jammu and Kashmir, a separate Union territory for Jammu and Kashmir is being created. The Union territory of Jammu and Kashmir will be with a legislature.
II. The Ladakh division of the state of Jammu and Kashmir has a large area but is sparsely populated with a very difficult terrain. There has been a long pending demand of people of Ladakh, to give it the status of a Union territory to enable them to realize their aspirations.
• Statement 2 is correct. Union Territories are created to conserve and secure culture of a region distinctive from surrounding state. Puducherry, Dadra and Nagar Haveli, and Daman and Diu were created due to these reasons.
• Statement 3 is correct. Many Union Territories were created due to special needs and to secure benefits and rights to tribal people. Mizoram, Manipur, Tripura and Arunachal Pradesh which later became states were created due to these reasons.