UCT Question and Answer for Polity

1.   Consider the following statements regarding the amendment to the constitution:

1.   The bill introduced for the amendment of the constitution requires prior permission of the President.

2.   The bill must be passed in each House by the absolute majority.

3.   Finally President must give his accent to the bill alongwith the ratification by the states.

Which of the above statements is/are correct?

(a) 1 and 2 only

(b) 1 only

(c)  None of the above

(d) All of the above

2.   Consider the following statements related to the Preamble:

1.   Preamble is enforceable in the court of law.

2.   Preamble enshrines the whole philosophy and legislative intent of the Indian Constitution.

3.   Preamble enshrines the source of the Constitution.

Which of the above statement is/are incorrect?

(a) 1 only        (b)  2 and 3 only

(c)  1 and 2 only (d)          All of the above

3.   Consider the following statements with reference to the Parliament of India:

1.   Calling attention motion is mentioned in the Rules of the procedure.

2.   Upper House is not permitted to make use of the Adjournment motion tool.

3.   The scheme of Youth Parliament was started on the recommendations of First All India Whip conference.

Which of the above statements are correct?

(a) 1 and 2 only (b)          2 and 3 only

(c)  1 and 3 only (d)          None of the above

4.   Which of the following provisions in the Constitution works for the establishment of equality?

1.   People are free to choose the kind of work they wish to do.

2.   Government jobs are open to all people.

3.   No one language, religion or festival should become compulsory for all to follow.

Select the correct answer using the codes given below:

(a) 1 and 2 only (b)          1 and 3 only

(c)  3 only        (d)  All of the above

5.   The Constituent Assembly was made a fully sovereign body under Indian Independence Act of 1947. What did it implied?

(a) Assembly can work for making of a constitution for free India and enacting of ordinary laws for the country.

(b) Assembly can take all the decisions and members cannot move out of their responsibilies.

(c)  Assembly has been empowered to abrogate or alter any law made by the British Parliament in relation to India.

(d) None of the above

6.   Which of the following provisions of the Constitution came into being on November 26, 1949, before the ‘date of commencement’ of the Constitution?

1.   Provisions related to Citizenship

2.   Provisions related to Fundamental rights

3.   Temporary and transitional provisions

Select the correct answer using the codes given below:

(a) 1 only        (b)  1 and 3 only

(c)  2 and 3 only (d)          All of the above

7.   Which of the following is the basic feature of the democratic government?

1.   The final decision making power rest with those elected by the people.

2.   Holding elections at frequent intervals.

3.   The government rules within limits set by constitutional law and citizens’ rights.

Select the correct answer using the codes given below:

(a) 1 and 2 only (b)          3 only

(c)  1 and 3 only (d)          All of the above

8.   Which of the following documents were the predecessors of the Indian Constitution?

1.   Motilal Nehru Report 1928

2.   Resolution at the Karachi session, 1931

3.   Objectives Resolution given by Gandhi and Jawahar lal Nehru

Select the correct answer using the codes given below:

(a) 1 only        (b)  1 and 2 only

(c)  1 and 3 only (d)          All of the above

9.   Consider the following Constitutional Procedures:

1.   Constitutional Amendments in the Constitution.

2.   Creation of All India Services.

3.   Removing of Vice-President.

In which of the procedures given above, power of Upper House is more than the Lower House?

(a) 1 and 2 only (b)          2 and 3 only

(c)  2 only        (d)  All of the above

10. Which of the following provisions are mentioned in the Constitution?

1.   Doctrine of sovereignty of Parliament taken from Britain.

2.   Principle of judicial supremacy taken from USA.

3.   Procedure established by law taken from Japan.

Select the correct answer using the codes given below:

(a) 1 and 2 only (b)          3 only

(c)  2  and 3 only (d)          None of the above

11. Consider the following Parliamentary procedure:

1.   Adjournment only terminates a sitting of the House.

2.   Prorogation terminates session of the House.

3.   Adjournment is always done by the Speaker of the House.

Which of the statements given above is/are correct?

(a) 1 and 2 only (b)          1 only

(c)  3 only        (d)  None of the above

12. Consider the following statements with reference to Jammu & Kashmir:

1.   Provisions of the constitution do not apply to Jammu & Kashmir.

2.   Union of India has no power to suspend the constitution of Jammu & Kashmir.

Which of the above statements is/are correct?

(a) 1 only        (b)  2 only

(c)  Both 1 and 2 (d)          Neither 1 nor 2

13. Consider the following statements regarding the Speaker of the Lok Sabha:

1.   The date of the election of the Speaker is fixed by the House.

2.   When Lok Sabha is dissolved, Speaker does not vacate his office till the newly elected Lok Sabha meets.

3.   G.V. Mavalankar was the first Speaker of Lok Sabha.

Which of the above statements is/are correct?

(a) 1 and 2 only (b)          2 only

(c)  2 and 3 only (d)          All of the above

14. Which of the following provisions related to the State is mentioned in the Constitution?

(a) A bill contemplating the alter the names can be introduced in the Parliament only with the prior recommendation of the President.

(b) The territorial integrity or continued existence of any state is guaranteed by the Constitution.

(c)  The formation of State and UTs can be formed by effective majority.

(d) None of the above

15. Which of the following statements regarding Commonwealth of Nations is/are correct?

1.   It consist mostly those nations who were territory of British Empire.

2.   The member states are dominion states of Britain.

3.   It was constituted by London Declaration in 1947.

Select the correct answer using the codes given below:

(a) 1 and 2 only (b)          1 only

(c)  3 only        (d)  All of the above

16. Which of the following statements related to the fundamental rights is/are correct?

1.   Fundamental Rights are available to legal persons like corporations or companies.

2.   Fundamental Rights are solely based on the concept of ‘individual liberty at max’.

3.   All the fundamental Rights can be suspended during the operation of a National Emergency except Articles 20 and 21.

4.   The applicability of fundamental Rights on members of armed forces, para-military forces, police forces is decided by Ministry of Home Affairs.

Select the correct answer using the codes given below:

(a) 1, 2 and 3 only           (b)       3 and 4 only

(c)  1 only        (d)  All of the above

17. Article 13 declares that all laws that are inconsistent with or in derogation of any of the fundamental rights shall be void. The laws here denotes:

1.   Permanent laws enacted by the Parliament or the state legislatures.

2.   Ordinance

3.   Bye-laws

4.   Delegated legislation

Which of the above is/are correct?

(a) 1 only        (b)  1, 2 and 3 only

(c)  1 and 2 only (d)          All of the above

18. Right to demonstration or picketing has been covered under which of the following Fundamental Right?

(a) Freedom of Assembly

(b) Freedom of Speech and expression

(c)  Freedom of Association

(d) Right to equality

19. Which of the following Rights are applicable to Jammu and Kashmir?

1.   Right to Food through National Food Security Act

2.   Right to Education under Article 21-A

3.   Right to Information

4.   Right to property

Select the correct answer using the codes given below:

(a) 1, 2 and 4 only (b)       1 and 4 only

(c)  4 only        (d)  1, 3 and 4 only

20. Which of the following statements related to Right to Freedom of Religion is/are correct?

1.   Article 25 covers only religious beliefs (doctrines) and are applicable to citizens and non-citizens.

2.   Article 26 states that religious denomination has Right to own and acquire movable and immovable property.

3.   Article 27 lay down that no person shall be compelled to pay any taxes or fees for the promotion or maintenance of any particular religion.

Select the correct answer using the codes given below:

(a) 1 and 2 only (b)          2 and 3 only

(c)  2 only        (d)  None of the above

21. Consider the following statement regarding Marxism:

1.   Economic power flows through political power.

2.   In Communism, there will be no private property and therefore no inequality.

Which of the above statements related to this theory is/are correct?

(a) 1 only        (b)  2 only

(c)  Both 1 and 2 (d)          Neither 1 nor 2

22. Which of the following has/have been considered as ‘Conscience of the Constitution’?

1.   Preamble

2.   Fundamental Rights

3.   Directive Principles of State Policy

Select the correct answer using the codes given below:

(a) 1 and 2 only (b)          2 and 3 only

(c)  2 only        (d)  All of the above

23. Which of the following judicial function is performed by the Parliament?

1.   It appoints the Chief Justice and the judges of Supreme Court and high courts.

2.   It can impeach the President for the violation of the Constitution.

3.   It can punish its members or outsiders for the breach of its privileges or its contempt.

Select the correct answer using the codes given below:

(a) 1 and 2 only (b)          3 only

(c)  2 and 3 only (d)          All of the above

24. Consider the following statements about Speaker of the Lok Sabha:

1.   Speaker is the Ex-Officio Chairman of Indian parliamentary Group.

2.   Speaker can be removed only by a resolution passed by Lok Sabha by an ‘effective majority’.

3.   In case of dissolution of Lok Sabha, Speaker is not required to vacate his office.

Which of the above statement is/are correct?

(a) 1 and 2 only (b)          2 only

(c)  1 and 3 only (d)          All of the above

25. The Custodian of Enemy Properties of India (CEPI) comes under which of the following Ministry?

(a) Ministry of Home Affairs

(b) Ministry of Finance

(c)  Ministry of Defence

(d) Ministry of External Affairs

26. Consider the following statements related to Gram Panchayat:

1.   All the members of the Gram Sabha, the Ward Panchs and the Sarpanch form the Gram Panchayat.

2.   The Gram Panchayat is elected for one year.

3.   The Gram Panchayat consists of a Vice-Chairman elected by the adult franchise.

Which of the above statements are correct?

(a) 1 and 2     (b)  2 and 3

(c)  1 and 3     (d)  None.

27. With reference to Constitutionalism, which of the following statements are correct?

1.   It does not recognize people sovereignty.

2.   It recognizes the need for limitations on government powers.

3.   It requires effective laws and their enforcement to provide structure to its framework.

Select the correct answer using the code given below.

(a) 1 and 2     (b)  2 and 3

(c)  1 and 3     (d)  1, 2 and 3

28. Sources of funds for the Panchayats include:

1.   Collection of taxes on houses, market places, etc.

2.   Government scheme funds received through various departments of the government – through the Janpad and Zila Panchayats.

3.   Donations for community works, etc.

Which of the above stated sources are correct?

(a) 1 and 2     (b)  2 and 3

(c)  1 and 3     (d)  All

29. Which of the following statements is/are correct related to Fundamental Rights?

1.   It lays down the rights enjoyed by all the people of a country and protects the liberties of an individual.

2.   It is given and protected by the Constitution that cannot be restricted.

Select the correct answer using the code given below:

(a) 1 only        (b)  2 only

(c)  Both          (d)  None

30. Which of the following statements is/are correct?

1.   Only an affected individual can file Public Interest Litigation in the Supreme Court.

2.   A PIL can be filed only in the Supreme Court.

3.   PIL is a significant step in ensuring access to justice for all.

Select the correct answer using the code given below:

(a) 1 only        (b)  1 and 2

(c)  3 only        (d)  2 and 3

31. Consider the following statements about Secularism:

1.   The Constitution of India stands for a secular state.

2.   The state has no official religion.

3.   Secularism pervades its provision which give full opportunity to all persons to profess practice and propagate religion of their choice.

Which of the above statements is/are correct?

(a) 1 only        (b)  1 and 3

(c)  1 and 2     (d)  All

32. Consider the following statements with reference to the Delimitation Commission of India:

1.   It is a statutory body that demarcates boundaries of Parliamentary and Assembly Constituencies of India.

2.   The orders of the Commission have the force of law and cannot be challenged in any court.

3.   The orders are laid before the Parliament and State Assembly after the President notifies it.

Which of the above statements is/are correct?

(a) 1 and 2 only (b)          2 and 3 only

(c)  1 and 3 only (d)          All of the above

33. Recently the Government of Andhra Pradesh and West Bengal withdrew the general consent to the CBI for the purpose of investigation of cases. Which of the following provisions will come into being because of that?

1.   The CBI officer will lose the powers of a Police Officer to carry on investigations on state issues as soon as she enters either of the two States.

2.   The CBI will no longer be able to probe any case in these two States.

3.   Old cases, that is, when the General Consent was existing, however, could be probed by the CBI.

Select the correct answer using the codes given below:

(a) 1 and 2 only (b)          2 and 3 only

(c)  1 and 3 only (d)          All of the above

34. Which of the following statements related to the Right to Information is/are incorrect?

1.   The Constitution of India has no direct provision expressly conferring the Right to Information to the citizens.

2.   There are no reasonable legislative restrictions on the Right to Information.

3.   It is available to all the citizens of India.

Select the correct answer using the codes given below:

(a) 1 and 2 only (b)          2 and 3 only

(c)  1 and 3 only (d)          All of the above

35. If in an election to a state legislative assembly, candidate who is declared elected loses his/her deposit, it means:

(a) Election was for a multi member constituency.

(b) Polling was very poor.

(c)  Large number of candidates contested the election.

(d) Elected candidates victory over his nearest rival was very marginal.

36. The Chief Justice of India can appoint a judge of a High Court as an-ad hoc judge of the Supreme Court under which of the following circumstances?

1.   When any judge is on leave.

2.   When there is a lack of quorum of the permanent judges to hold or continue any session.

3.   When the session is related to the interpretation of the Constitution only.

Select the correct answer using the codes given below:

(a) 1 and 2 only (b)          2 and 3 only

(c)  2 only        (d)  None of the above

37. Which of the following legislations and institutional framework is/are to check corruption and redress citizens’ grievances in India?

1.   Indian Penal Code, 1860

2.   All-India Services (Conduct) Rules, 1968

3.   National Consumer Disputes Redressal Commission

Select the correct answer using the codes given below:

(a) 1 only        (b)  1 and 3 only

(c)  1 and 2 only (d)          All of the above

38. Article 311 provides safeguards to which of the following services against any arbitrary dismissal from their posts?

1.   Members of the civil services of the Centre

2.   Persons holding civil posts under the Centre or a state

3.   Members of defence services or persons holding military posts

Select the correct answer using the codes given below:

(a) 1 and 2 only b)           2 and 3 only

(c)  1 only        (d)  All of the above

39. Consider the following statements with reference to bye-elections in India:

1.   Bye-elections to fill the causal vacancies in the House of the Parliament and State Legislatures have to be done within 6 months from the date of occurrence of such a vacancy.

2.   It is mandatory to conduct the bye-election only if the remainder of a term of a member in relation to the vacancy is one year or more.

Which of the above statements is/are correct?

(a) 1 only        (b)  2 only

(c)  Both 1 and 2 (d)         Neither 1 nor 2

40. Consider the following statements with reference to the Electoral Bond Scheme:

1.   It allow the artificial judicial persons to purchase bonds.

2.   The bonds can be issued by the State Bank of India.

3.   The bonds are issued in the form of promissory notes.

Which of the above statement  are correct?

(a) 1 and 2 only (b)          2 and 3 only

(c)  1 and 3 only (d)          All of the above

41. Consider the following statements with reference to the Administrative Tribunals:

1.   President appoints members to the CAT from judicial stream only.

2.   Tribunals under Article 323 B can be established both by Parliament and state legislatures.

3.   Judicial remedies are available against the orders of these tribunals.

Which of the above statements are correct?

(a) 1 and 2 only (b)          1 and 3 only

(c)  2 and 3 only (d)          All of the above

42. Judicial review in India is needed for:

(a) To uphold the supremacy of the constitution.

(b) To maintain the balance between Judiciary and Legislature.

(c)  To maintain the balance between the Judiciary & Executive.

(d) To maintain the balance between Legislature and Executive .

43. Consider the following statements with respect to the writ of Habeas Corpus:

1.   The writ is a bulwark of individual liberty against arbitrary detention.

2.   The writ can be issued against both public authorities as well as private individuals.

3.   The writ cannot be issued if the proceeding is for contempt of a legislature or a court.

4.   The writ cannot be issued if the detention is outside the jurisdiction of the court.

Which of the above statements is/are correct?

(a) 1 only        (b)  1 and 2 only

(c)  2 and 4 only (d)          All of the above

44. Which of the following statements related to the Gram Panchayats is/are correct?

1.   The Ward Panchs and the Sarpanch form the Gram Panchayat.

2.   The Secretary of the Gram Panchayat is also the Secretary of the Gram Sabha, who is elected by the Panchs.

3.   The Panchs and the Gram Panchayat are answerable to the Gram Sabha.

Select the correct answer using the codes given below:

(a) 1 and 2 only (b)          1 and 3 only

(c)  1 only        (d)  All of the above

45. Consider the following statements related to the Union Public Service Commission:

1.   UPSC conducts examinations for appointments to the All-India Services.

2.   It frames and operates schemes of joint recruitment for any services.

3.   It serves all or any of the needs of a state on the request of President 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)          All of the above

46. Indrajit Gupta Committee is related to which of the following issue?

(a) Right to Information Act.

(b) Creamy Layer in Scheduled Caste and Scheduled Tribes.

(c)  State funding of Elections.

(d) NOTA option in Rajya Sabha polls.

47. Atrefois convict and Atrefois acquit relate to which of the following constitutional provisions/ rights/ doctrines?

(a) Doctrine of Double Jeopardy

(b) Right against self-incrimination

(c)  Haebus Corpus

(d) Quo Warranto

48. Which of the following provision related to the Central Administrative Tribunal is incorrect?

(a) The members of the CAT have been given the status of judges of High Courts.

(b) The Chairman hold office for a term of five years or until they attain the age of 65 years.

(c)  The jurisdiction of CAT extends to the Central civil services, civil posts under the Centre and officers and servants of the Supreme Court.

(d) The CAT is not bound by the procedure laid down in the Civil Procedure Code of 1908.

49. Which among the following authorities is responsible for the audit of the accounts of Co-operative Bodies, as provided in the 97th Constitutional Amendment Act, 2011?

(a) Auditor appointed by the general body from a panel of approved by the State Government or a body on its behalf.

(b) Auditor General of the State.

(c)  Public Accounts Committee of the State Legislature.

(d) Indian Audit and Accounts Service Officer.

50. Source of authority and power of Indian Constitution is derived from:

(a) Preamble  (b)  Supreme Court

(c)   People of India           (d)       Parliament

ANSWERS AND EXPLANATIONS

1. Ans: C

Exp: Statement 1 is incorrect: The bill introduced for the amendment of the constitution not requires prior permission of the President.

Statement 2 is incorrect:  An amendment of the Constitution can be initiated only by the introduction of a Bill in either House of Parliament. The Bill must then be passed in each House by a majority of the total membership of that House and by a majority of not less than 2/3 of the members of that House present and voting. There is no provision for a joint sitting in case of disagreement between the two Houses. If the amendment seeks to make any change in any of the provisions mentioned in the proviso to article 368, it must be ratified by the Legislatures of not less than one-half of the States.

Statement 3: is incorrect Amendment bill passes by both house, it must be completed before the amending Bill is presented to the President for his assent.

  1. Ans: A

Exp: Statement 1 is incorrect: The legislative intent of the Preamble of the Constitution is based on the “open-minded perseverance” drafted and moved by Pandit Nehru and adopted by the Constituent Assembly on 26 November, 1949. Preamble gives the idea about the following: 1.The source of the Constitution; 2. Nature of Indian State; 3. A statement of its objectives; and 4. The date of its adoption

Statement 2 is correct: The Preamble contains the aim and objectives of the Indian Republic and enshrines the whole philosophy and legislative intent of the Indian Constitution in a nutshell. No reading of any Constitution can be complete without reading Preamble.

Statement 3 is correct: The source of the Preamble to the Constitution, i.e, “WE, THE PEOPLE OF INDIA”.

  1. Ans: A

Exp: Statement 1 is correct: Calling attention motion is mentioned in the Rules of the procedure.

Statement 2 is correct: Rajya Sabha is not permitted to make use of the Adjournment motion tool. Reason behind its Rajya Sabha is a permanent house.

Statement 3 is incorrect: The scheme of Youth Parliament was started on the recommendations of Fourth All India Whip conference.

  1. Ans: D

Exp: Provisions in the Constitution for establishment of equality:

  1. a) Untouchability has been legally abolished by law.
  2. b) People are free to choose the kind of work they wish to do.
  3. c) Government jobs are open to all people.
  4. d) The Constitution also placed responsibility on the government to take specific steps to realise this right to equality for poor and other such marginal communities.
  5. e) People must have the freedom to follow their religion, speak their language, celebrate their festivals and express themselves freely.
  6. f) No one language, religion or festival should become compulsory for all to follow.
  7. g) India has been declared as Secular nation under which government must treat all religions equally.
  8. Ans: C

Exp: Under the Act the Assembly was made a fully sovereign body, which could frame any Constitution it pleased. The act empowered the Assembly to abrogate or alter any law made by the British Parliament in relation to India.

  1. Ans: B

Exp: Some provisions of the Constitution pertaining to citizenship, elections, provisional parliament, temporary and transitional provisions, and short title contained in Articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392 and 393 came into force on November 26, 1949 itself.

The remaining provisions (the major part) of the Constitution came into force on January 26, 1950. This day is referred to in the Constitution as the ‘date of its commencement’, and celebrated as the Republic Day.

  1. Ans: C

Exp: Statement 2 is incorrect: Holding elections of any kind is not sufficient for democracy. The elections must offer a real choice between political alternatives. Example: China.

  1. Ans: B

Exp: Jawaharlal Nehru moved the historic ‘Objectives Resolution’ in the Assembly in 1946. It laid down the fundamentals and philosophy of the constitutional structure.

  1. Ans: B

Exp: Statement 1 is incorrect: Lok Sabha have little more power to Constitutional Amendments in the Constitution.

Statement 2 is correct: Article 312 it can create all India Public Service. Only Rajya Sabha has this right. Other power of Rajya Sabha, Article-249, 354, 356 and 360.

Statement 3 is correct: The Vice-President can be removed by a resolution by the members of the Rajya Sabha. To move such resolution, a 14 days notice is to be given. Such a resolution, though passed by the Rajya Sabha only, but must be agreeable to the Lok Sabha. Rajya Sabha can move process but Lok Sabha has agreed is compulsion is there.

  1. Ans: B

Exp: First two principles are not applicable in India. Supremacy of Constitution is present in India.

  1. Ans: A

Exp: Statement 1 is correct: Adjournment only terminates a sitting of the House.

Statement 2 is correct:Prorogation it not only terminates a sitting but also session of the house.

Statement 3 is incorrect: Adjournment date (Starting and ending date, working days) is done by parliamentary proceeding committee, and give date and timing to the Speaker of the House.

  1. Ans: B

Exp: Statement 1 is incorrect: Indian constitution some provision has apply in J&K like communication, defense,  international trade and foreign affairs and other are not apply that way, Some provisions of the constitution do not apply to Jammu & Kashmir.

Statement 2 is correct: As per Article 92 of the Jammu and Kashmir Constitution, Governor’s Rule is imposed in the state for a period of six months. Jammu and Kashmir assembly remains under suspended animation during this period. However, the governor may dissolve the assembly.

Suspended animation of the assembly means the elected MLAs remain in office and legislative assembly continues to exist without the power of legislation. The governor assumes the power of legislation during this period.

At the expiry of six months of Governor’s Rule and if suspension of assembly has not been revoked, Jammu and Kashmir comes under the President’s Rule as mandated by the Constitution of India as per Article 356. However, in both the cases, the governor administers as per the Centre’s directions.

If the Governor decides to dissolve Legislative Assembly during his own rule or when the state is under the President’s Rule, election shall be held within six months. If the Election Commission does not hold polls in Jammu and Kashmir within six months from the date of dissolution of Assembly, it is required to explain reasons for not doing so.

  1. Ans: C

Exp: Statement 1 is incorrect: The date of the election of the Speaker is fixed by the President.

Statement 2 is correct: When Lok Sabha is dissolved, Speaker does not vacate his office till the newly elected Lok Sabha meets. Newly elected Lok Sabha first session on oath and after election of the Speaker.

Statement 3 is correct: Ganesh Vasudev Mavalankar  popularly known as Dadasaheb was an independence activist, the President (from 1946 to 1947) of the Central Legislative Assembly, then Speaker of the Constituent Assembly of India, and later the first Speaker of the Lok Sabha.

  1. Ans: A

Exp: Article 3 authorises the Parliament to: (a) form a new state by separation of territory from any state or by uniting two or more states or parts of states or by uniting any territory to a part of any state, (b) increase the area of any state, (c) diminish the area of any state, (d) alter the boundaries of any state, and (e) alter the name of any state. However, Article 3 lays down two conditions in this regard: one, a bill contemplating the above changes can be introduced in the Parliament only with the prior recommendation of the President; and two, before recommending the bill, the President has to refer the same to the state legistature concerned for expressing its views within a specified period.

It requires simple majority.The territorial integrity or continued existence of any state is not guaranteed by the Constitution. Therefore, India is rightly described as ‘an indestructible union of destructible states’.

  1. Ans: B

Exp: Statement 1 is correct: Commonwealth of Nation is mostly those nations who were once the territories of Britain.

Statement 2 in incorrect: The members are free and equal to Britain.

Statement 3 is incorrect: It was constituted by London Declarations in 1949.

  1. Ans: C

Exp: Statement 1 is correct: 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.

Statement 2 is incorrect: 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.

Statement 3 is incorrect: 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).

Statement 4 is incorrect: 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.

  1. Ans: D

Exp: Article 13 declares that all laws that are inconsistent with or in derogation of any of the fundamental rights shall be void. In other words, it expressively provides for the doctrine of judicial review. This power has been conferred on the Supreme Court (Article 32) and the high courts (Article 226) that can declare a law unconstitutional and invalid on the ground of contravention of any of the Fundamental Rights. 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 laws 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.

Thus, not only a legislation but any of the above can be challenged in the courts as violating a Fundamental Right and hence, can be declared as void.

Further, Article 13 declares that a constitutional amendment is not a law and hence cannot be challenged. However, the Supreme Court held in the Kesavananda Bharati case (1973) that a Constitutional amendment can be challenged on the ground that it violates a fundamental right that forms a part of the ‘basic structure’ of the Constitution and hence, can be declared as void.

  1. Ans: B

Exp: Freedom of Speech and Expression implies that every citizen has the right to express his views, opinions, belief and convictions freely by word of mouth, writing, printing, picturing or in any other manner. The Supreme Court held that the freedom of speech and expression includes the following:

(a)  Right to propagate one’s views as well as views of others.

(b)  Freedom of the press.

(c)  Freedom of commercial advertisements.

(d)  Right against tapping of telephonic conversation.

(e)  Right to telecast, that is, government has no monopoly on electronic media.

(f)  Right against bundh called by a political party or organisation.

(g)  Right to know about government activities.

(h)  Freedom of silence.

(i)   Right against imposition of pre-censorship on a newspaper.

(j)   Right to demonstration or picketing but not right to strike.

  1. Ans: B

Exp: Right to Information and Right to Education is applicable to whole of India except Jammu and Kashmir.

  1. Ans: C

Exp: Statement 1 is incorrect: Article 25 says that all persons are equally entitled to freedom of conscience and the right to freely profess, practice and propagate religion.

Statement 2 is correct: According to Article 26, every religious denomination or any of its section shall have the following rights: (a) Right to establish and maintain institu-tions for religious and charitable purposes; (b) Right to manage its own affairs in matters of religion; (c) Right to own and acquire movable and immovable property; and (d) Right to administer such property in accordance with law.

Statement 3 is incorrect: 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

  1. Ans: B

Exp: Statement 1 is incorrect: Political power flows through Economic power.

Statement 2 is correct: According to Marxist theory, Class conflict arises in capitalist due to contradictions between material interests of the oppressed Proletariat- class of wage labourers employed by bourgeoisie to produce goods and services and the bourgeoisie-the ruling class that owns means of production and extract their wealth through appropriation of surplus product produced by the proletariat.

22.Ans: B

Exp: Granville Austin has described the Directive Principles and the Fundamental Rights as the ‘Conscience of the Constitution’

  1. Ans: C

Exp. The judicial powers and functions of the Parliament include the following:

(a)  It can impeach the President for the violation of the Constitution.

(b)  It can remove the Vice-President from his office.

(c) It can recommend the removal of judges (including chief justice) of the Supreme Court and the high courts, chief election commissioner, comptroller and auditor general to the president. (not appointment)

(d)  It can punish its members or outsiders for the breach of its privileges or its contempt.

  1. Ans: C

Exp:  Statement 1 is correct: Speaker is the Ex-Officio Chairman of Indian parliamentary Group.

Statement 2 is incorrect: Speaker can be removed only by a resolution passed by Lok Sabha by an absolute majority.

Statement 3 is correct: In case of dissolution of Lok Sabha, Speaker is not required to vacate his office.

  1. Ans: A

Exp: The Custodian of Enemy Property for India is an Indian government department that is empowered to appropriate property in India owned by Pakistani nationals. After the Indo-Pakistani War of 1965, the Enemy Property Act was promulgated in 1968. The act authorized the Central Government of India to appoint a custodian for enemy property for India and one or more deputy/assistant custodians as assistances. There is also a provision which validates the appointments made under the Defence of India Rules 1962 and 1971. The Pakistani nationals in question were citizens of undivided India before the Partition of India in 1947 took place, and left India to settle down in Pakistan.

Under the notification issued on 10 September and 11 September 1965, the central Government vested the following property in India belonging to, held by, or managed on behalf of Pakistani nationals; entrusting the property and its appurtenances in the hands of the custodian with immediate effect. This includes all immovable property, all lockers and safe deposits; and all negotiable instruments such as promissory notes, shares, debentures and other Commerce.

Citizens of India are banned from entering any transactions by way of granting development rights, selling, transferring or mortgaging more than a third of a property in India declared as “enemy” Property. The office of the Custodian is located in Bombay with a branch in Calcutta. The organization comes under the Ministry of Home Affairs.

  1. Ans: D

Exp: The Village Panchayat or Gram Panchayat is the executive committee of Gram Sabha.

In most of the States, a Village Panchayat has 5 to 9 members who are called Panches. In every Panchayat, one-third of the seats are reserved for women. However, there are States where the percentage of seats reserved for women is even more. Seats are also reserved for persons belonging to Scheduled Castes and Scheduled Tribes.

The Sarpanch (Mukhia) of the Panchayat is directly elected by all the voters of the village. Some offices of Sarpanches are now reserved for women, and some for persons belonging to Scheduled Castes and Scheduled Tribes.

Sarpanch calls the meetings of the Panchayat and presides over those meetings. He/She is to call at least one meeting of the Panchayat per month. The Panches can also request him/her for calling a special meeting. He/She has to call such special meeting within three days of the request. Sarpanch keeps the records of the meetings of Panchayat. The Panchayat can assign any special function to him/ her.

A Vice Chairperson is elected by the members of the Panchayat.

The tenure of the Village Panchayat is of 5 years.

  1. Ans: B

Exp: Constitutionalism means limited government or limitation on government. It is antithesis of arbitrary power. Constitutionalism recognizes the need for government with powers but at same time insists that limitation be placed on those powers.

Constitutionalism and Democracy: Authoritarian governments are by their very nature unconstitutional. Such governments think of themselves as above the law, and therefore see no necessity for the separation of power or representatives governance. Constitutionalism however, is primarily based on the notion of people’s sovereignty, which is to be exercised in a limited manner by a representative government. Elected representatives are to exercise authority on behalf of the people, based on the will of the people. Without genuine democracy, there can be no constitutionalism.

Constitutionalism and Rule of Law: Rule of law refers to the supremacy of law, that society is governed by law and this law applies equally to all persons, including government and state officials. Following basic principle of constitutionalism, common institutional provisions used to maintain the rule of law include the separation of power, judicial review, the prohibition of retroactive legislation and  habeas corpus.

  1. Ans: D

Exp: Financial resources are essential for performance of the functions by Panchayats, whether these are obligatory functions or developmental work. Gram Panchayats can work better, if they have adequate funds to spend. Over and above the Grants-inaid, State governments have empowered Panchayats to levy taxes and collect funds. Some of the sources are as follows:

    Taxes on property, land, goods and cattle.


Rent collected for facilities like barat ghar or any other property of panchayat.

    Various types of fines collected from the offenders.

    Grants-in- aid from the state government and union government.

    A part of the land revenue collected by the state government given to the panchayats.

    Donations collected from the villagers for some common cause.

    Collection of taxes on houses, market places etc.

    Government scheme funds received through various departments of the government through the janpad and zila panchayats.

    Donations for community works etc.

  1. Ans: D

Fundamental Rights lays down the rights enjoyed by all the people of a country and protects the liberties of an individual, but it can be restricted on the grounds of national integration, security, etc.

  1. Ans: C

Exp: The Supreme Court in the early 1980s devised a mechanism of Public Interest Litigation or PIL to increase access to justice. It allowed any individual or organisation to file a PIL in the High Court or the Supreme Court on behalf of those whose rights were being violated. The legal process was greatly simplified and even a letter or telegram addressed to the Supreme Court or the High Court could be treated as a PIL. In the early years, PIL was used to secure justice on a large number of issues such as rescuing bonded labourers from inhuman work conditions; and securing the release of prisoners in Bihar who had been kept in jail even after their punishment term was complete.

  1. Ans: D

Exp: The concept of secularism to put it in the nutshell is that ‘’state’ will have no religion under Bal patil V. union of India.

  1. Ans: A

Exp: Statement 1 is correct: The Delimitation Commission of India is a statutory (and not a constitutional) body. It is established by the Central Government under the provisions of a law enacted by the Parliament. Its function is to demarcate the boundaries of the Parliamentary and Assembly Constituencies in the country.

Statement 2 is correct: The Commission is a powerful body. Its orders have the force of law and cannot be challenged in any court.

Statement 3 is incorrect: They (orders) come into force on a date specified by the President of India. They are laid before the Lok Sabha and the State Legislative Assembly concerned. But, modifications are not permissible therein by them.

  1. Ans: C

Exp: Statement 1 is correct: There are two types of consents given by the State Governments to the CBI –

    General, and

    Case Specific

Given that the CBI has jurisdiction only over central government departments and employees, it can investigate a case involving state government employees or a violent crime in a given state only after that state government gives its consent.​

Statement 2 is incorrect: Cases registered anywhere else in the country, but involving people stationed in Andhra Pradesh and West Bengal, would allow CBI’s jurisdiction to extend to these states.​ Further, Withdrawal of consent will only bar the CBI from registering a case within the jurisdiction of Andhra and Bengal. The CBI could still file cases in Delhi and continue to probe people inside the two states.​

Statement 3 is correct: “General consent” is normally given to help the CBI seamlessly conduct its investigation into cases of corruption against central government employees in the concerned state. Almost all states have given such consent. Otherwise, the CBI would require consent in every case. ​

  1. Ans: B

Exp: Statement 1 is correct: The Constitution of India has no direct provision expressly conferring right to information to the citizens.

However, the Supreme Court has been stating since 1975 that the right to information is an intrinsic part of the following two fundamental rights guaranteed by the Constitution of India:

    Right to Freedom of Speech and Expression (Article 19).

    Right to Life and Personal Liberty (Article 21).

Statement 2 is incorrect: In India, various laws and rules restrict the disclosure of official information to the people and thus favour secrecy in administration. These are:

    Official Secrets Act, 1923

    Indian Evidence Act, 1872

    Commission of Enquiry Act, 1952

    All-India Services (Conduct) Rules, 1954

    Central Civil Services (Conduct) Rules, 1955

    Railway Services (Conduct) Rules, 1956

Statement 3 is incorrect: It is not applicable in Jammu and Kashmir.

35.Ans: C 

Exp: A defeated candidate who fails to secure more than one sixth of the valid votes polled in the constituency will lose his security deposit. When a very large number of candidates contest the election, due to distribution of votes, the winning candidate may get less than 1/6 th of valid voters.

  1. Ans: C

Exp: 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. The judge so appointed should be qualified for appointment as a judge of the Supreme Court. It is the duty of the judge so appointed to attend the sittings of the Supreme Court, in priority to other duties of his office. While so attending, he enjoys all the jurisdiction, powers and privileges (and discharges the duties) of a judge of the Supreme Court.

37.Ans: D

  1. Ans: A

Exp: Article 311 places two restriction on the above ‘doctrine of pleasure’. In other words, it provides two safeguards to civil servants against any arbitrary dismissal from their posts:

(a)  A civil servant cannot be dismissed or removed by an authority subordinate to that by which he was appointed.

(b)  A civil servant cannot be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges.

The above two safeguards are available only to the members of the civil services of the Centre, the all-India services, the civil services of a state or to persons holding civil posts under the Centre or a state and not to the members of defence services or persons holding military posts.

  1. Ans: C

Exp: Section 151A of RPA

Statement 1 is correct: Byelections are required to be held under Section 151A of RP Act within six months from the date of occurrence of the vacancy. ​

Statement 2 is correct: It mandates the Election Commission to fill the casual vacancies in the Houses of Parliament and State Legislatures through bye elections within six months from the date of occurrence of the vacancy, provided that the remainder of the term of a member in relation to a vacancy is one year or more.

  1. Ans: D

Exp: Statement 1 and 2 is correct: In its present form, the scheme permits not only individuals and body corporate but also “every artificial juridical person,” to purchase bonds, issued by the State Bank of India, in denominations of ₹1,000, ₹10,000, ₹lakh, ₹10 lakh and ₹1 crore, during specified periods of the year​.

Statement 3 is correct: Issued in the form of promissory notes, once a bond is purchased the buyer can donate it to any political party, which can then in cash it on demand.

  1. Ans: C

Exp: Statement 1 is incorrect: President appoints members to the CAT from judicial stream and other stream also.

Statement 2 is correct: Tribunals under Article 323 B can be established both by Parliament and State Legislatures with respect to matters falling within their legislative competence.

Statement 3 is correct: In Chandra Kumar case (1997), the Supreme Court declared the provisions of articles 323 A and 323 B, which excluded the jurisdiction of the High Courts and the Supreme Court as unconstitutional. Hence, the judicial remedies are now available against the orders of these tribunals.

  1. Ans: A

Exp:  Judicial review is needed for the following reasons:

(a)  To uphold the principle of the supremacy of the Constitution.

(b)  To maintain federal equilibrium (balance between the Centre and the states).

(c)  To protect the Fundamental Rights of the citizens.

  1. Ans: D

Exp:  All the statements are correct.

Habeas Corpus:

  1. i) Latin term which literally means ‘to have the body of’.
  2. ii) 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.

iii)  It is a bulwark of individual liberty against arbitrary detention.

  1. iv) It is issued against both public authorities as well as private individuals.

The writ of Habeas Corpus is not issued if:

  1. i) Detention is lawful
  2. ii) Proceeding is for contempt of a legislature or a court

iii)  Detention is by a competent court

  1. iv) Detention is outside the jurisdiction of the court.
  2. Ans: B

Exp: About Gram Panchayats

    Every village Panchayat is divided into wards, i.e. smaller areas. Each ward elects a representative who is known as the Ward Member (Panch).

    All the members of the Gram Sabha also elect a Sarpanch who is the Panchayat President.

    The Ward Panchs and the Sarpanch form the Gram Panchayat.

    The Gram Panchayat is elected for five years.

    The Gram Panchayat has a Secretary who is also the Secretary of the Gram Sabha. This person is not an elected person but is appointed by the government.

    The Secretary is responsible for calling the meeting of the Gram Sabha and Gram Panchayat and keeping a record of the proceedings.

    The Gram Panchayat meets regularly and one of its main tasks is to implement development programmes for all villages that come under it.

    The Panchs and the Gram Panchayat are answerable to the Gram Sabha because it is the members of the Gram Sabha who elected them.

  1. Ans: A

Exp: The UPSC performs the following functions:

(a)  It conducts examinations for appointments to the all-India services, Central services and public services of the centrally administered territories.

(b)  It assists the states (if requested by two or more states to do so) in framing and operating schemes of joint recruitment for any services for which candidates possessing special qualifications are required.

(c)  It serves all or any of the needs of a state on the request of the state governor and with the approval of the president of India.

(d)  It is consulted on the following matters related to personnel management:

(i)   All matters relating to methods of recruitment to civil services and for civil posts.

(ii)  The principles to be followed in making appointments to civil services and posts and in making promotions and transfers from one service to another.

(iii) The suitability of candidates for appointments to civil services and posts; for promotions and transfers from one service to another; and appointments by transfer or deputation. The concerned departments make recommendations for promotions and request the UPSC to ratify them.

(iv) All disciplinary matters affecting a person serving under the Government of India in a civil capacity including memorials or petitions relating to such matters. These include:

    Censure (Severe disapproval)

    Withholding of increments

    Withholding of promotions

    Recovery of pecuniary loss

    Reduction to lower service or rank (Demotion)

    Compulsory retirement

    Removal from service

    Dismissal from service4

(v)  Any claim for reimbursement of legal expenses incurred by a civil servant in defending legal proceedings instituted against him in respect of acts done in the execution of his official duties.

(vi) Any claim for the award of a pension in respect of injuries sustained by a person while serving under the Government of India and any question as to the amount of any such award.

(vii) Matters of temporary appointments for period exceeding one year and on regularisation of appointments.

(viii) Matters related to grant of extension of service and re-employment of certain retired civil servants.

(ix) Any other matter related to personnel mana

  1. Ans: C

Exp: Indrajit Gupta Committee constituted on 1998 issued the following recommendations on State Funding of Elections—

“The Committee see full justification constitutional, legal as well as on ground of public interest, for grant of State subvention to political parties, so as to establish such conditions where even the parties with modest financial resources may be able to compete with those who have superior financial resources.”

It added two limitations, namely

(i)   such funds could not be doled out to independent candidates, and only to national and state parties having granted a symbol and proven their popularity among the electorate, and

(ii)  In the short-term, State funding may be given only in kind, in the form of certain facilities to the recognized political parties and their candidates.

However, despite strongly backing full State funding of elections principle, it stated that only partial State funding would be possible in the short-term given the prevailing economic condition of the country.

Recommendations

(Majorly pertain to a curb on Campaigning Activities)—

It was observed by both the Indrajit Gupta Committee on State Funding of Elections, 1999, and the National Commission to Review the Working of the Constitution, 2001, that many of the tools used for campaigning – such as wall writings, rallies on public property, using loudspeakers for campaigning – are not only costly, but are also a public nuisance. Curbing these activities can both reduce the public nuisance caused by them and also reduce the amount of money needed to fight elections.

For this purpose the Committees suggested that a suitable law should be enacted providing penalties or reasonable restrictions against damaging or desecrating public or private property by candidates, political parties, or the agents, through painting of slogans or erecting cut-outs and hoarding or putting up banners and buntings, wall writings, hoisting of flags (except at party offices, party offices, public meetings and other specified places), etc.

gement.

  1. Ans: A

Exp: Doctrine of Double Jeopardy: – There are two aspects of Doctrine of Jeopardy viz. autrefois convict and autrefois acquit. Autrefois convict means that the person has been previously convicted in respect of the same offence. The autrefois acquit means that the person has been acquitted on a same charge on which he is being prosecuted. Please note that Constitution bars double punishment for the same offence. The conviction for such offence does not bar for subsequent trial and conviction for another offence and it does not matter the some ingredients of these two offences are common.​

  1. Ans: C

Exp: The CAT is a multi-member body consisting of a chairman and members. Earlier, the CAT consisted of a Chairman, Vice-Chairmen and members. With the amendment in Administrative Tribunals Act, 1985 in 2006, the members have been given the status of judges of High Courts. At present (2013), the sanctioned strength of the Chairman is one and sanctioned strength of the 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 case of chairman and 62 years in case of members, whichever is earlier.

The CAT is not bound by the procedure laid down in the Civil Procedure Code of 1908. It is guided by the principles of natural justice

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 defence services. However, the members of the defence forces, officers and servants of the Supreme Court and the secretarial staff of the Parliament are not covered by it.

  1. Ans: A

Exp: Under 97th constitutional amendment
Act.

Sub-Articles (3) & (4) of Article 243ZM:

QUOTE: Every co-operative society shall cause to be audited by an auditor or auditing firms referred to in clause (2) appointed by the general body of the co-operative society: The accounts of every co-operative society shall be audited within six months of the close of the financial year to which such accounts relate.

  1. Ans: C

Exp: A constitution is a body of fundamental principles according to which a state is constituted or governed. The Preamble is a short introductory statement to the Constitution of India that denotes the purpose and principles, it also indicates the source from which it derives its authority, the people. The People of India are themselves authority of The Indian constitution. It is ultimate gift by the people of India , for the people of India.