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Question 1 of 20
1. Question
2 pointsConsider the following statement about the territorial jurisdiction of the parliament:
- The Parliament alone can make extra-territorial legislation. Thus, the laws of the Parliament are also applicable to the Indian citizens and their property in any part of the world.
- The President can make regulations for the peace, progress and good government of all the union territories. A regulation so made has the same force and effect as an act of Parliament. It may also repeal or amend any act of Parliament in relation to these union territories.
- The President is empowered to direct that an act of Parliament does not apply to a scheduled area in the state or apply with specified modifications and exceptions.
Which of the following statement is/are correct?
Correct
The President can make regulations for the peace, progress and good government of the four Union Territories—the Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli and Daman and Diu.
Thus statement 2 is incorrect.
A regulation so made has the same force and effect as an act of Parliament. It may also repeal or amend any act of Parliament in relation to these union territories. The governor is empowered to direct that an act of Parliament does not apply to a scheduled area in the state or apply with specified modifications and exceptions.
Statement 3 is incorrect.
Incorrect
The President can make regulations for the peace,
progress and good government of the four Union Territories—the Andaman and
Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli and Daman and Diu. Thus
statement 2 is incorrect. A regulation so made has the same force and effect as
an act of Parliament. It may also repeal or amend any act of Parliament in
relation to these union territories. -The governor is empowered to direct that an act of
Parliament does not apply to a scheduled area in the state or apply with
specified modifications and exceptions. Statement 3 is incorrect. -
Question 2 of 20
2. Question
2 pointsConsider the following statements:
- The Doctrine of double jeopardy and the Doctrine of Severability pertains to fundamental rights.
- A person convicted by the court of law cannot be punished under departmental proceedings for the same offence.
Which of the above statements is / are correct:
Correct
Fundamental right is guaranteed under Article 20(2) of Constitution of India and it incorporates the principles of “autrefois convict” or Double jeopardy which means that person must not be punished twice for the offence. Meaning of Jeopardy The word Jeopardy refers to the “danger” of conviction that an accused person is subjected to when one trial for an criminal offence.
Meaning of Double Jeopardy The act of putting a person through a second trial of an offence for which he or she has already been prosecuted or convicted.
Doctrine of Severability or Separability states that when a part of the statute is declared unconstitutional, then the unconstitutional part is to be removed and the remaining valid portion will continue to valid. The idea is to retain the Act or legislation in force by discarding / deleting only the void portion and retaining the rest.
The doctrine of severability means that a law is void only “to the extent of the inconsistency or contravention” with the relevant Fundamental Right according to Article 13 of the Indian Constitution. Thus statement 1 is correct.
Incorrect
Fundamental right is guaranteed under Article 20(2) of Constitution of India and it incorporates the principles of “autrefois convict” or Double jeopardy which means that person must not be punished twice for the offence. Meaning of Jeopardy The word Jeopardy refers to the “danger” of conviction that an accused person is subjected to when one trial for an criminal offence.
Meaning of Double Jeopardy The act of putting a person through a second trial of an offence for which he or she has already been prosecuted or convicted.
Doctrine of Severability or Separability states that when a part of the statute is declared unconstitutional, then the unconstitutional part is to be removed and the remaining valid portion will continue to valid. The idea is to retain the Act or legislation in force by discarding / deleting only the void portion and retaining the rest.
The doctrine of severability means that a law is void only “to the extent of the inconsistency or contravention” with the relevant Fundamental Right according to Article 13 of the Indian Constitution. Thus statement 1 is correct.
-
Question 3 of 20
3. Question
2 pointsConsider the following statement about Short duration
motion:- It is also known as two-hour discussion as the time allotted for such a discussion should not exceed two hours.
- This device has been in existence since India became Republic.
Which of the above statements is/are correct?
Correct
Statement 1 is correct. It was introduced in 1953.
Therfore statement 2 is incorrect.
Incorrect
Statement 1 is correct.It was introduced in 1953. Therfore statement 2 is
incorrect. -
Question 4 of 20
4. Question
2 pointsConsider the following statements-
1. The Contingency Fund of India held by the Finance
Secretary on behalf of the President.2. The parliamentary authorisation is not required to make advances from the
same.Which of the above statements is/are correct?
Correct
Article 267 states that “Parliament may by law establish a Contingency Fund in the nature of an imprest to be entitled the Contingency Fund of India into which shall be paid from time to time such sums as may be determined by such law, and the said Fund shall be placed at the disposal of the President to enable advances to be made by him out of such Fund for the purposes of meeting unforeseen expenditure pending authorisation of such expenditure by Parliament by law under Article 115 or Article 116”
Incorrect
Article 267 states that “Parliament may by law establish a Contingency Fund in the nature of an imprest to be entitled the Contingency Fund of India into which shall be paid from time to time such sums as may be determined by such law, and the said Fund shall be placed at the disposal of the President to enable advances to be made by him out of such Fund for the purposes of meeting unforeseen expenditure pending authorisation of such expenditure by Parliament by law under Article 115 or Article 116”
-
Question 5 of 20
5. Question
2 pointsConsider the following about Council of Ministers-
- Council of Ministers is collectively responsible to the
Parliament. - Council of Ministers holds office during the pleasure of
Prime Minister.
Which of the statements given above is/are correct?
Correct
Common Trick question-
Council of Ministers is collectively responsible to the Lok
Sabha and remains in power as long as it enjoys the confidence of the House. Since it is not responsible to the Rajya Sabha, therefore this statement 1 is
incorrect.They are accountable to the Parliament. Make a note of accountable and responsible.
Council of Ministers holds office during the pleasure of the President, not Prime Minister. The pleasure doctrine is applicable in this case.
However, the President acts on the advice of the PM.
Incorrect
Common Trick questionCouncil of Ministers is collectively responsible to the Lok
Sabha and remains in power as long as it enjoys confidence of the House. Since
it is not responsible to the Rajya Sabha, therefore this statement is
incorrect. They are accountable to the Parliament. Make a note of accountable
and responsible. Council of Ministers hold office during the pleasure of the
President not Prime Minister. The pleasure doctrine is applicable in this case.
However, President acts on the advice of the PM. - Council of Ministers is collectively responsible to the
-
Question 6 of 20
6. Question
2 pointsConsider the following wrt delegation of functions
from the center to the states1. Mutual delegation of functions can only happen when the
Parliament does so by passing a law.2. While the distribution of legislative powers is rigid, that
of executive powers is not so.Which of the statements given above is/are correct?
Correct
Conceptual Question
Center-State relations is a very important theme in Indian Polity.
Mutual Delegation can be of 2 kinds. Concensual – when the agreement is reached between the
President and the Governor(s) of the concerned State(s)Non-consensual – when the Parliament passes a law.Hence statement 1 is incorrect.
Statement 2 is correct.
It indirectly talks about the Union, State and Concurrent Lists which specify the division of subjects over which governments can legislate. No such lists exist of executive functions.
Incorrect
Conceptual Question.
Center-state relations is a very important theme in Indian
Polity. Mutual Delegation can be of 2 kinds.Concensual – when the agreement is reached between the
President and the Governor(s) of the concerned State(s)Non-consensual – when the Parliament passes a law.Hence statement 1 is incorrect. Statement 2 is correct. It indirectly talks about the Union, State and Concurrent Lists which specify the division of subjects over which governments can legislate.
No such lists exist of executive functions.
-
Question 7 of 20
7. Question
2 pointsConsider the following statement about Financial
bills(II):- A financial bill (II) contains provisions involving
expenditure from the Consolidated Fund of India, but does not include any of
the matters mentioned in Article 110. - It can only be introduced in Lok sabha.3.It cannot be passed by either House of Parliament unless the President has recommended to that House the consideration of the bill.
Which of the above statement is/are correct?
Correct
Interactive Question -A financial bill (II) contains provisions involving
expenditure from the Consolidated Fund of India, but does not include any of
the matters mentioned in Article 110. -It is treated as an ordinary bill and in all respects, it is governed by the same legislative procedure which is applicable to an ordinary bill. The only special feature of this bill is that it cannot be
passed by either House of Parliament unless the President has recommended to that House the consideration of the bill. It can be introduced in both Lok
sabha and Rajya Sabha. – financial bill (II) can be introduced in either House of
Parliament and recommendation of the President is not necessary for its
introduction. It can be either rejected or amended by either House of
Parliament. 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.Incorrect
Interactive Question -A financial bill (II) contains provisions involving
expenditure from the Consolidated Fund of India, but does not include any of
the matters mentioned in Article 110. -It is treated as an ordinary bill and in all respects, it
is governed by the same legislative procedure which is applicable to an
ordinary bill. The only special feature of this bill is that it cannot be
passed by either House of Parliament unless the President has recommended to
that House the consideration of the bill. It can be introduced in both Lok
sabha and Rajya Sabha. – financial bill (II) can be introduced in either House of
Parliament and recommendation of the President is not necessary for its
introduction. It can be either rejected or amended by either House of
Parliament. 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. - A financial bill (II) contains provisions involving
-
Question 8 of 20
8. Question
2 pointsAssertion Reason type questions
(A): Sitting in the cinema hall when the National Anthem is played goes against Article 51A.
(R): It is a constitutional duty of every citizen under article 51-A to respect the ideals and institutions, the national flag and the national anthem.
Correct
In news
UPSC has a nack for asking controversial questions. Similar question has been framed. Kindly refrain from debating.
Repeatedly in news. A judgement was given by SC which it later modified.
Series of articles on the functioning of judiciary were written post this judgement.
Tikdam:
Asking someone to stand goes against the principles of liberty and such authoritarian commands cannot be true.
Incorrect
In news
UPSC has a nack for asking controversial questions. Similar question has been framed. Kindly refrain from debating.
Repeatedly in news. A judgement was given by SC which it later modified.
Series of articles on the functioning of judiciary were written post this judgement.
Tikdam:
Asking someone to stand goes against the principles of liberty and such authoritarian commands cannot be true.
-
Question 9 of 20
9. Question
2 pointsConsider the following statement about Overseas
Citizens of India?1. OCI has dual nationality of India and the country of
residence.2. To apply for and use an OCI document, a holder must be a
citizen of and hold a passport of another country, except that of Pakistan and
Bangladesh.3. An OCI has no right to vote and hold constitutional
offices, but he can buy agricultural properties.Which of the following statement is/are correct?
Correct
As such the OCI is not actual citizenship of India
according to the law as it has many limitations such as no right to vote, no
right to hold constitutional offices, and no right to buy agricultural
properties. Therefore statement 1 and statement 3 are incorrectIncorrect
As such the OCI is not actual citizenship of India
according to the law as it has many limitations such as no right to vote, no
right to hold constitutional offices, and no right to buy agricultural
properties. Therefore statement 1 and statement 3 are incorrect -
Question 10 of 20
10. Question
2 pointsConsider the following statement about composition of
Rajya Sabha:- The maximum strength fixed at 245, out of which, 233 are
to be the representatives of the states and union territories (elected
indirectly) and 12 are nominated by the president. - The third Schedule of the Constitution deals with the
allocation of seats in the Rajya Sabha to the states and union territories. - The representatives of each union territory are indirectly
elected by members of an electroral college specially constituted for the
purpose.
Which of the following statement is/are correct?
Correct
The maximum strength fixed at 250, out of which, 238
are to be the representatives of the states and union territories (elected
indirectly) and 12 are nominated by the president.The Fourth Schedule of the Constitution deals with the
allocation of seats in the Rajya Sabha to the states and union territories.Incorrect
The maximum strength fixed at 250, out of which, 238
are to be the representatives of the states and union territories (elected
indirectly) and 12 are nominated by the president.The Fourth Schedule of the Constitution deals with the
allocation of seats in the Rajya Sabha to the states and union territories. - The maximum strength fixed at 245, out of which, 233 are
-
Question 11 of 20
11. Question
2 pointsWhich of the following on Objectives Resolution of
1946 is incorrect-Correct
Basic question- India is an independent, sovereign, republic. Socialist,
Secular and Integrity were added later by 42ndAmendment- Territories forming the Union shall be autonomous units
and exercise all powers and functions of the Government and administration, except those assigned to or
vested in the Union. [Source: Chapter 1, Page 20 – Indian Constitution At Work
Class XI]Incorrect
Basic question- India is an independent, sovereign, republic. Socialist,
Secular and Integrity were added later by 42ndAmendment- Territories forming the Union shall be autonomous units
and exercise all powers and functions of the Government and administration, except those assigned to or
vested in the Union. [Source: Chapter 1, Page 20 – Indian Constitution At Work
Class XI] -
Question 12 of 20
12. Question
2 pointsConsider the following statements with respect to judges of High court & Supreme Court:
1. They can be can be removed on the ground of proven misbehavior or incapacity ONLY.
2. Special majority in both Houses of the Parliament is required for removal.
Which of the following is/are incorrect?
Correct
Both statements are correct
This question follows the previous question so you can understand the contrast between the SC and HCs wrt appointments and removal.
Incorrect
Both statements are correct
This question follows the previous question so you can understand the contrast between the SC and HCs wrt appointments and removal.
-
Question 13 of 20
13. Question
2 pointsConsider the following about Minority Rights
1. The term Minority is not defined in the Constitution
2. Article 29 and 30 are the only place in the Constitution where Minorities are discussed.
3. While Article 29 extends to any section of the society, Article 30 is confined to only religious and linguistic minorities
Which of the statements given above is/are correct?
Correct
Interactive
An important question on Minority Rights
Statement 1 is correct.
Statement 2 is incorrect. It is obvious that Minorities would’ve been discussed in other parts of the Constitution as well. The Fundamental Rights wrt to Minorities is discussed in A29 &A30.
Statement 3 is correct. This is a very nuanced point and a note of the same should be made.
Make a note of the following terms. In the comments let us know the status of Cabinet, Council of Ministers and other such terms.
@untouchability: not defined
@minority:not defined
@martial law:not defined
@federation:no where used in constitution.
@Vice President removal: no ground mentioned in the constitution.
@cabinet committees: not mentioned
Incorrect
Interactive
An important question on Minority Rights
Statement 1 is correct.
Statement 2 is incorrect. It is obvious that Minorities would’ve been discussed in other parts of the Constitution as well. The Fundamental Rights wrt to Minorities is discussed in A29 &A30.
Statement 3 is correct. This is a very nuanced point and a note of the same should be made.
Make a note of the following terms. In the comments let us know the status of Cabinet, Council of Ministers and other such terms.
@untouchability: not defined
@minority:not defined
@martial law:not defined
@federation:no where used in constitution.
@Vice President removal: no ground mentioned in the constitution.
@cabinet committees: not mentioned
-
Question 14 of 20
14. Question
2 pointsWith reference to Indian Constitution, consider the
following statements:1. Indian constitution has no provisions wrt cows.
2. Free legal aid to the poor is a justiciable right under
the Indian constitution.Which of the statements given above is/are correct?
Correct
In newsBeef ban, cow protection and various judegement by both HC
and SC have been in news.Statement 1 is incorrect : Article 48 of DPSP directs the
State to prohibit the slaughter of cows, calves and other milch and draught
cattle and to improve their breeds.Statement 2 is correct :Article 41 directs the State to
secure free legal aid to the poor. Under Article 21, through various Supreme
Court judgements like Hussainara khatoon vs. State of Bihar, Khatri II Vs.
State of Bihar, (1981), etc free legal aid to poor has been made a justiciable
right.Incorrect
In newsBeef ban, cow protection and various judegement by both HC
and SC have been in news.Statement 1 is incorrect : Article 48 of DPSP directs the
State to prohibit the slaughter of cows, calves and other milch and draught
cattle and to improve their breeds.Statement 2 is correct :Article 41 directs the State to
secure free legal aid to the poor. Under Article 21, through various Supreme
Court judgements like Hussainara khatoon vs. State of Bihar, Khatri II Vs.
State of Bihar, (1981), etc free legal aid to poor has been made a justiciable
right. -
Question 15 of 20
15. Question
2 pointsConsider the following statements regarding double
membership:1. If a person is elected to both the houses of the
parliament, he must intimate within 10 days in which house he desires to serve
else his seat in the Lok Sabha becomes vacant.2. A sitting member of one house cannot be elected to
another house.3. If a person is elected to both state legislature and the
parliament, his seat in the state legislature becomes vacant.Which of the above statements is/are correct?
Correct
“The Representation of People Act (1951) provides for the following:1. If a person is elected to both the Houses of Parliament,
he must intimate within 10 days in which House desires to serve. In default of such intimation, his seat in the Rajya Sabha Becomes vacant.2. If a sitting member of one House is also elected to the other House, his seat in the first House becomesvacant.3. If a person is elected to two seats in a House, he should exercise his option for one. Otherwise, both seats become vacant. Similarly, a person cannot be a member of both the Parliament and the state legislature at the same time. If a person is so elected, his seat in Parliament becomes vacant
if he does not resign his seat in the state legislature within 14 days.”Incorrect
“The Representation of People Act (1951) provides for the following:1. If a person is elected to both the Houses of Parliament,
he must intimate within 10 days in which House desires to serve. In default of such intimation, his seat in the Rajya Sabha Becomes vacant.2. If a sitting member of one House is also elected to the other House, his seat in the first House becomesvacant.3. If a person is elected to two seats in a House, he should exercise his option for one. Otherwise, both seats become vacant. Similarly, a person cannot be a member of both the Parliament and the state legislature at the same time. If a person is so elected, his seat in Parliament becomes vacant
if he does not resign his seat in the state legislature within 14 days.” -
Question 16 of 20
16. Question
2 pointsThe term ‘State’ as defined under Article 12 will include which of the following
1.Government of India
2.UPSC
3.LIC
4.Reliance Power Distribution Company
Correct
Art 12 – The State includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.
It also includes all private bodies discharging their duties as an agent of the Government.
Incorrect
Art 12 – The State includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.
It also includes all private bodies discharging their duties as an agent of the Government.
-
Question 17 of 20
17. Question
2 pointsConsider the following statements with reference to
President’s Rule1. A law made by the Parliament becomes inoperative six
months after the President’s Rule has ceased to operate.2. President’s Rule does not affect the Fundamental Rights
of the citizens of that state.Which of the statements given above is/are correct?
Correct
Statement 1 is incorrect. A law made by the President,
the Parliament or any other specified authority continues to be operative even
after the emergency has been revoked. It can be repealed, altered or re-enacted by the state legislature afterwards but it doesn’t automatically become inoperative. Statement 2 is correct. A state emergency has no effect on the Fundamental Rights of the citizens. Only National Emergencies have one.Incorrect
Statement 1 is incorrect. A law made by the President,
the Parliament or any other specified authority continues to be operative even
after the emergency has been revoked. It can be repealed, altered or re-enacted by the state legislature afterwards but it doesn’t automatically become inoperative. Statement 2 is correct. A state emergency has no effect on the Fundamental Rights of the citizens. Only National Emergencies have one. -
Question 18 of 20
18. Question
2 pointsConsider the following statement about the process of formation of new states?
1. The bill regarding the formation/changing of boundaries of new states can be introduced in the Parliament only with the prior recommendation
of the President.
2. The President shall before giving recommendation refer the bill to the legislature of the state/union territories which is going to be affected by the changes proposed in the bill.Which of the following statement is/are correct?
Correct
Statement 1 is correct. – The President shall before giving recommendation refer the Bill to the legislature of the state which is going to be affected by the changes proposed in the bill. The state legislature must express its view in the time specified by the President.
The President is not bound by the view of the state legislature. It is not necessary to make afresh reference to the state legislature every time an amendment to the bill is moved and accepted in the Parliament.
In case of Union territory, no reference need be made to the concerned legislature to ascertain its views and the Parliament can itself take any action as it deems fit. Thus statement 2 is incorrect.Incorrect
Statement 1 is correct. – The President shall before giving recommendation refer the Bill to the legislature of the state which is going to be affected by the changes proposed in the bill. The state legislature must express its view in the time specified by the President.
The President is not bound by the view of the state legislature. It is not necessary to make afresh reference to the state legislature every time an amendment to the bill is moved and accepted in the Parliament.
In case of Union territory, no reference need be made to the concerned legislature to ascertain its views and the Parliament can itself take any action as it deems fit. Thus statement 2 is incorrect. -
Question 19 of 20
19. Question
2 pointsConsider the following statement about territorial
constituencies:1. Each state is allotted a number of seats in the Lok Sabha
in such a manner that the ratio between that number and its population is the
same for all the 28 states in India.2. Each state is divided into territorial constituencies in
such a manner that the ratio between the population of each constituency and
the number of seats allotted to it is the same throughout the state.Which of the following statement is/are correct?
Correct
Statement 1 is incorrect.
Each state is allotted a
number of seats in the Lok Sabha in such a manner that the ratio between that
number and its population is the same for all states.However This provision
does not apply to a state having a population of less than six millionsIncorrect
Statement 1 is incorrect.
Each state is allotted a
number of seats in the Lok Sabha in such a manner that the ratio between that
number and its population is the same for all states.However This provision
does not apply to a state having a population of less than six millions -
Question 20 of 20
20. Question
2 pointsWith regard to Fundamental Rights as enshrined in the Indian Constitution, consider the following statements:
1. The prohibited grounds of discrimination under Article 16 (2) are somewhat wider than those under Article 15 (2) because Article 16 (2) prohibits discrimination on the additional grounds of descent and residence apart from religion, race, caste, sex and place of birth.
2. The term Backward Classes finds mention in Both Article 15 and Article 16.
3. Article 15 talks of special provisions for women and children but not Article 16.
Which of the statements given above is/are correct?
Correct
Comparative
This question covers all the major differences between Article 15 and Article 16.
FR is the most important theme in Polity and a detailed understanding is required.
All the statements are correct.
Incorrect
Comparative
This question covers all the major differences between Article 15 and Article 16.
FR is the most important theme in Polity and a detailed understanding is required.
All the statements are correct.