Comparative Question

Theme: Scheduled areas

– President is empowered to declare any area to be scheduled area.

– Governor has a special responsibility to submit a report annually or whenever so required by the president

-The jurisdiction of high court over suits and cases of tribal areas is specified by the governor.

Interactive Questions

Theme: Basics of Constitution

Similar Question was asked in UPSC prelims 2017.

The term justice in the Preamble embraces three distinct formsÔsocial, economic and political, secured through various provisions of Fundamental Rights and Directive Principles.

Social justice denotes the equal treatment of all citizens without any social distinction based on caste, colour, race, religion, sex and so on. It means absence of privileges being extended to any particular section of the society, and improvement in the conditions of backward classes (SCs, STs and OBCs) and women.

Economic justice denotes the non-discrimination between people on the basis of economic factors. It involves the elimination of glaring inequalities in wealth, income and property. A combination of social justice and economic justice denotes what is known as Ódistributive justice¥.

Political justice implies that all citizens should have equal political rights, equal access to all political offices and equal voice in the government.

The ideal of justiceÔsocial, economic and politicalÔhas been taken from the Russian Revolution (1917).

-The provision of judicial review is not explicitly mentioned in the constitution.Thus it is incorrect.

Interactive Questions
Theme: Emergency

Question on emergency is asked by UPSC almost every year.

1.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.

2. The resolution of disapproval of National emergency must be passed by Lok Sabha only with a simple majority.

More information:

Articles 358 and 359 in part XVIII of the Constitution deals with this suspension of fundamental rights during National Emergency(An emergency due to war, external aggression or armed rebellion).

• According to article 358, when the national emergency is declared on the ground of war or external aggression, the six rights under Article 19 are automatically suspended.
• According to article 359, the president can suspend “the right to move any court for the enforcement of Fundamental Rights (except Articles 20 and 21)”. This suspension relates to fundamental rights which are specified in the Presidential Order during declaration of emergency. (In this case fundamental rights are not suspended, but right to demand their enforcement)

Theme: Parliament & State legislature

Similar Question was asked by UPSC in prelims 2016.

-The constitution has not fixed the term of office of members of Rajya sabha and left it to the Parliament. Accordingly parliament in Representation of people Act 1951 provided that the the term of office of members of Rajya Sabha as 6 years.

-The second statement is also a provision of in Representation of People Act 1951 and not according to the constitution.

Ref: Laxmikanth page no 22.4,22.5

Comparative Questions

Theme: Parliament & State legislature

-In both the above conditions, only the Parliament is empowered to make laws and not the state legislature.

-Article 35 lays down that the power to make laws, to give effect to certain specified fundamental rights shall vest only in the Parliament and not in the state legislatures. In this direction, Article 35 contains the following provisions:

1. The Parliament shall have (and the legislature of a state shall not have) power to make laws with respect to the following matters:

(a) Prescribing residence as a condition for certain employments or appointments in a state or union territory or local authority or other authority (Article 16).

(b) Empowering courts other than the Supreme Court and the high courts to issue directions, orders and writs of all kinds for the enforcement of fundamental rights (Article 32).

(c) Restricting or abrogating the application of Fundamental Rights to members of armed forces, police forces, etc. (Article 33).

(d) Indemnifying any government servant or any other person for any act done during the operation of martial law in any area (Article 34).

[Source: Chapter 7: Indian Polity: M Laxmikanth]

Theme: FR/DPSP/FD

Similar Question was asked by UPSC in Prelims 2018

-A person convicted of the offence of untouchability is disqualified for election to the Parliament or state legislature.

-It has not been defined anywhere in constitution but by an act of parliament.

More information:

Article 17 of the constitution abolishes the practice of untouchability. Practice of untouchability is an offence and anyone doing so is punishable by law. The Untouchability Offences Act of 1955 (renamed to Protection of Civil Rights Act in 1976) provided penalties for preventing a person from entering a place of worship or from taking water from a tank or well. This act lays down that whatever is open to general public (or Hindus) should be open to the members of the scheduled castes. No shopkeeper can refuse to sell them, no person may refuse to render any service to any person on the ground of untouchability. The act made provision for imprisonment and fine.

[Source: Chapter 7: Indian Polity: M Laxmikanth]

Theme: FR/DPSP/FD

Similar question was asked in UPSC 2016.

. Please study FR/DPSP/FD in detail.Every year 3-4 Questions are asked from this topic.

-Article 27 lays down that no person shall be compelled to pay any taxes for the promotion or maintenance of any particular religion or religious denomination

-This provision prohibits only levy of a tax and not a fee. This is because the purpose of a fee is to control secular administration of religious institutions and not to promote or maintain religion. Thus, a fee can be levied on pilgrims to provide them some special service or safety measures. Similarly, a fee can be levied on religious endowments for meeting the regulation expenditure.

– Articles 15, 16, 19, 29 and 30 are available only to citizens. While other articles are available to foreigners as well.

Type: Comparative Question

Theme: Amendments in the Indian constitution

-The emoluments, allowances, privileges, etc. of President are defined in the Second Schedule which can be amended by a constitutional amendment through Simple majority only.

[Source: Chapter 10: Indian Polity: M Laxmikanth]

More information:

Amending the Constitution of India is the process of making changes to the nation’s fundamental law or supreme law. The procedure of amendment in the constitution is laid down in Part XX (Article 368) of the Constitution of India. This procedure ensures the sanctity of the Constitution of India and keeps a check on arbitrary power of the Parliament of India.

The Constitution can be amended in three ways:

1. Amendment by simple majority of the Parliament
2. Amendment by special majority of the Parliament
3. Amendment by special majority of the Parliament and the ratification of at least half of the state legislatures.

A brief description of the above types has been laid down below.
1. By Simple Majority of Parliament
A number of provisions in the Constitution can be amended by a simple majority of the two houses of Parliament outside the scope of Article 368. These provisions include:

• Admission or establishment of new states.
• Formation of new states and alteration of areas, boundaries or names of existing states.
• Abolition or creation of legislative councils in states.
• Second Schedule-emoluments,
• Allowances, privileges and so on of the president, the governors, the Speakers, judges, etc.
• Quorum in Parliament.
• Salaries and allowances of the members of Parliament.
• Rules of procedure in Parliament.
• Privileges of the Parliament, its members and its committees.
• Use of English language in Parliament.
• Number of puisne judges in the Supreme Court.
• Conferment of more jurisdiction on the Supreme Court.
• Conferment of more jurisdiction on the Supreme Court.
• Citizenship-acquisition and termination.
• Elections to Parliament and state legislatures.
• Delimitation of constituencies.
• Union territories
• Fifth Schedule-administration of scheduled areas and scheduled tribes.
• Sixth Schedule-administration of tribal areas.

2. By Special Majority of Parliament

• The majority of the provisions in the Constitution need to be amended by a special majority of the Parliament, that is, a majority (that is, more than 50 per cent) of the total membership of each House and a majority of two-thirds of the members of each House present and voting. The expression total membershipª means the total number of members comprising the House irrespective of fact whether there are vacancies or absentees.
• The special majority is required only for voting at the third reading stage of the bill but by way of abundant caution the requirement for special majority has been provided for in the rules of the Houses in respect of all the effective stages of the bill.
• The provisions which can be amended by this way includes: (i) Fundamental Rights; (ii) Directive Principles of State Policy; and (iii) All other provisions which are not covered by the first and third categories.

3. By Special Majority of Parliament and Consent of States
Those provisions of the Constitution which are related to the federal structure of the polity can be amended by a special majority of the Parliament and also with the consent of half of the state legislatures by a simple majority. If one or some or all the remaining states take no action on the bill, it does not matter; the moment half of the states give their consent, the formality is completed. There is no time limit within which the states should give their consent to the bill.
The following provisions can be amended in this way:

• Election of the President and its manner.
• Extent of the executive power of the Union and the states.
• Supreme Court and high courts.
• Distribution of legislative powers between
• the Union and the states.
• Any of the lists in the Seventh Schedule.
• Representation of states in Parliament.
• Power of Parliament to amend the ConÂstitution and its procedure (Article 368 itself).

Theme: Comparative Question

Theme: Executive

Similar question was asked in upsc prelims 2015

-President takes an oath to preserve, protect and defend the constitution.

– CAG and Supreme court Judge take similar oaths to uphold the constitution and the laws.

-Before entering upon his office, the President has to make and subscribe to an oath or affirmation. In his oath, the President swears:

1. to faithfully execute the office;

2. to preserve, protect and defend the Constitution and the law; and

3. to devote himself to the service and well-being of the people of India

.

-A person appointed as a judge of the Supreme Court, before entering upon his Office, has to make and subscribe an oath or affirmation before the President, or some person appointed by him for this purpose.

1. to bear true faith and allegiance to the Constitution of India;

2. to uphold the sovereignty and integrity of India;

3. to duly and faithfully and to the best of his ability, knowledge and judgement perform the duties of the Office without fear or favour, affection or ill-will; and

4. to uphold the Constitution and the laws.

Tikdams:The SC judge takes oath to uphold the constitution and laws while the President takes oath to preserve, protect and defend the constitutions. Since qualification for CAG is same as that of SC judge, hence, his oath is also similar to a SC judge. So, both 2 and 3 are correct.

[Source: Chapter 30: Indian Polity: M Laxmikanth]

Theme: Interactive Question

Theme: FR/DPSP/FD

Similar Question was asked in UPSC prelims 2015.

-(b) is a DPSP.

-Article 49 directs the state to protect monuments, places and objects of artistic or historic interest which are declared to be of national importance.

-Fundamental duties are

According to Article 51 A, it shall be the duty of every citizen of India:

(a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;

(b) to cherish and follow the noble ideals that inspired the national struggle for freedom;

(c) to uphold and protect the sovereignty, unity and integrity of India;

(d) to defend the country and render national service when called upon to do so;

(e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities and to renounce practices derogatory to the dignity of women;

(f) to value and preserve the rich heritage of the country¥s composite culture;

(g) to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures;

(h) to develop scientific temper, humanism and the spirit of inquiry and reform;

(i) to safeguard public property and to abjure violence;

(j) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement; and

(k) to provide opportunities for education to his child or ward between the age of six and fourteen years. This duty was added by the 86th Constitutional Amendment Act, 2002.

D. Star-marked/special question

Theme: miscellaneous

– The leader of the largest Opposition party having not less than one-tenth seats of the total strength of the House is recognised as the leader of the Opposition in that House

-Though the offices of the leader of the House and the leader of the Opposition are not mentioned in the Constitution of India, they are mentioned in the Rules of the House and Parliamentary Statute respectively.

[Source: Chapter 22: Indian Polity: M Laxmikanth]

Interactive Question

Theme: Parliament & State legislature

Similar Question was asked by UPSC prelims 2014.

.

Parliament is the most important topic of polity from the exam point of view. You need to be well versed with all the nitty gritties and trivias associated with this chapter.

-Calling Attention Motion is introduced in the Parliament by a member to call the attention of a minister to a matter of urgent public importance, and to seek an authoritative statement from him on that matter.

-Like the zero hour, it is also an Indian innovation in the parliamentary procedure and has been in existence since 1954. However, unlike the zero hour, it is mentioned in the Rules of Procedure.

More information

Calling Attention Motion

This motion aims to bring attention of a concerned minister to a matter of urgent public importance. It is an indian innovation. The minister then responds on the matter.

Adjournment Motion

This is a very powerful motion. It suspends the normal functioning of the house. It is introduced to bring the attention of the house to the matter of urgent public importance. If passed it amounts to defeat of the government. Thus it can only be introduced in the lok sabha. For the motion to be admitted it should be supported by at least 50 members of the house. However to introduce this motion the following points must be complied with:-

• It should be a matter of urgent public importance
• It should not be framed in general terms. It should be specific
• It should not be about a matter which has already been discussed in the same session of the house
• It should not take up matter which is subjudice
• It should not raise a question of privelege
• It should not be used for a matter which can be discussed using any other motion

[Source: Chapter 22: Indian Polity: M Laxmikanth]

Interactive Question

Theme: Local self Government/Panchayti Raj

-All the members of panchayats at the village, intermediate and district levels

-Election of Members and Chairpersons shall be elected directly by the people. Further, the chairperson of panchayats at the intermediate and district levels shall be elected indirectlyÔby and from amongst the elected members thereof. However, the chairperson of a panchayat at the village level shall be elected in such manner as the state legislature determines.

-The super-intendence, direction and control of the preparation of electoral rolls and the conduct of all elections to the panchayats shall be vested in the state election commission. It consists of a state election commissioner to be appointed by the governor. His conditions of service and tenure of office shall also be determined by the governor. He shall not be removed from the office except in the manner and on the grounds prescribed for the removal of a judge of the state high court.

-Exempted States and Areas The act does not apply to the states of Jammu and Kashmir, Nagaland, Meghalaya and Mizoram and certain other areas. These areas include, (a) the scheduled areas and the tribal areas in the states; (b) the hill area of Manipur for which a district council exists; and (c) Darjeeling district of West Bengal for which Darjeeling Gorkha Hill Council exists.

[Source: Chapter 34: Indian Polity: M Laxmikanth]

Interactive Question

Theme: Basics of Indian constitution

Similar question was asked in prelims 2013.

-Features borrowed from Government of India Act 1935

Federal Scheme (also from constitution of Canada)

Office of Governor

Judiciary

Public Service Commission

Emergency Provisions

Administrative Details

Comparative Question

Theme: FR/DPSP/FD

-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.

-Unlike prohibition, which is only preventive, certiorari is both preventive as well as curative.

-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.

[Source: Chapter 7: Indian Polity: M Laxmikanth]

Interactive Question

Theme: Constitutional bodies

Similar question was asked in UPSC 2016.

1.The audit of Reserve bank of India,State bank of India and Food Corporation of India are totally subjected to private audit.

2.CAG submits three audit reports to the President and not to the Parliament.

More information:

Types of Audit performed by CAG

1. Regulatory Audit: It is an audit to ascertain whether the moneys spent were authorised for the purpose for which they were spent and also that the expenditure incurred was in conformity with the laws, rules and regulations.
2. Supplementary Audit: CAG takes up supplementary audits in PSUs, even after the commercial audits are done by the auditors appointed by the CAG, for detection of leakages.
3. Propriety Audit: It focuses on whether the expenditure made is in public interest or not i.e. it moves beyond mere scrutiny of expenditure to question its wisdom and economy in order to identify cases of improper expenditure and waste of public money.
4. Efficiency Audit: Efficiency audit as the name suggests answers the question whether the money invested yields optimum results. The main purpose of the efficiency audit is to ensure that the investment is prioritized and channeled into its most profitable utilization.
5. Performance Audit: Performance audit answers whether the government programmes such as NREGA have achieved the desired objectives at the lowest cost and given the intended benefits. It generally does not get into the merits-demerits of a particular policy/scheme rather looks into the effectiveness with which the scheme is implemented and any deficiencies thereof.
6. Environmental Audit: This is a relatively new area of concern for the CAG keeping in mind the challenges facing India with respect to conservation and management of the environment. More than 100 audits on environmental issues like bio-diversity, pollution of rivers, waste management have been conducted by the CAG to identify critical issues and suggest possible solutions by involving all stakeholders.

Ref:Laxmikanth page no 45.2,45.3

D. Star-marked/special questions

Theme: Parliament & State legislature

1st statement is wrong because institution of Speaker and Deputy speaker originated under Government of Inidia Act 1919.

2nd statement is wrong because Its not the speaker but the Deputy speaker whenever appointed as a member of a parliamentary committee , automatically becomes its chairman

3rd statement is wrong because Speaker of Lok sabha is provided with security of tenure.He can be removed only by a resolution passed by Lok sabha by an absolute majority.

Ref:Laxmikanth page no:22.8,22.9

Interactive Question

Theme: Emergency

-The laws made by Parliament on the state subjects during a National Emergency become inoperative six months after the emergency has ceased to operate.

-While a proclamation of National Emergency is in operation, the life of the Lok Sabha may be extended beyond its normal term (five years) by a law of Parliament for one year at a time (for any length of time). It is not possible to extend the life of Lok Sabha by the approval of President. Parliament passes a resolution in this regard.

Tikdams: The national emergency has to be approved by both houses of parliament. How can President alone take a decision regarding extending the life of Lok Sabha? Think about Statement 2.

[Source: Chapter 16: Indian Polity: M Laxmikanth]

Interactive Question

Theme: Special Provisions wrt to states

-The State of J & K has its own Constitution and is administered according to that Constitution. Hence, Part VI of the Constitution of India (dealing with state governments) is not applicable to this state. The very definition of Óstate¥ under this part does not include the State of J&K.

-Part III (dealing with Fundamental Rights) is applicable to the state with some exceptions and conditions. The Fundamental Right to Property is still guaranteed in the state.

-Part IV (dealing with Directive Principles of State Policy) and Part IVA (dealing with Fundamental Duties) are not applicable to the state.

–The special leave jurisdiction of the Supreme Court and the jurisdictions of the Election Commission and the comptroller and auditor general are applicable to the state.

-The High Court of J&K can issue writs only for the enforcement of the fundamental rights and not for any other purpose

[Source: Chapter 32: Indian Polity: M Laxmikanth]