Indian Polity

Ans: d

Exp:

Delimitation means the act or process of fixing the limits or boundaries of territorial constituencies in a country having a legislative body. In India, such Delimitation Commissions have been constituted four times – in 1952 under the Delimitation Commission Act, 1952, in 1963 under the Delimitation Commission Act, 1962, in 1973 under the Delimitation Act, 1972 and in 2002 under the Delimitation Act, 2002. 

Article 82 and 170 of the Constitution provide that the number of seats in the Lok Sabha and State Legislative assemblies as well as its division into territorial constituencies shall be readjusted after each Census. The ‘Delimitation Commission’ is set up under an act of Parliament. 

1. The number of seats in the Lok Sabha based on the 1951, 1961 and 1971 Census was fixed at 494, 522 and 543. 
2. However, it has been frozen as per the 1971 Census in order to encourage population control measures. This was done through the 42nd Amendment Act till the year 2000 and was extended by the 84th Amendment Act till 2026. 
3. This number will be re-adjusted based on the first Census after 2026. 
4. The boundaries of territorial constituencies were readjusted (without changing the number of seats) and seats for SC and ST were determined as per the 2001 Census and will again be carried out after 2026.

Ans: a

Exp:

Schedule 8 contains languages recognised by the Constitution. Originally, it had 14 languages, but presently, there are 22. They are Assamese, Bengali, Bodo, Dogri (Dongri), Gujarati, Hindi, Kannada, Kashmiri, Konkani, Mathili (Maithili), Malayalam, Manipuri, Marathi, Nepali, Odia, Punjabi, Sanskrit, Santhali, Sindhi, Tamil, Telugu, and Urdu. 

• • Sindhi was added by the 21st Amendment Act of 1967; 

• Konkani, Manipuri and Nepali were added by the 71st Amendment Act of 1992

• Bodo, Dongri, Maithili and Santhali were added by the 92nd Amendment Act of 2003.
• Oriya was renamed as ‘Odia’ by the 96th Amendment Act of 2011.

Ans: b

Exp: 

Pair 1 is correct: Bharatiya Jana Sangh (BJS: Indian People’s Association) was established in 1951 by Shyama Prasad Mukherjee as the political wing of the pro-Hindu group Rashtriya Swayamsevak Sangh (RSS: “National Volunteers Corps”).

Pair 2 is incorrect: Rajagopalachari was associated with the Swatantra Party, not with the socialist Party.

Pair 3 is correct: Congress for Democracy was formed by Jagjivan Ram in 1977. 

Pair 4 is incorrect: Acharya Narendra Dev was associated with the socialist party & he died in 1956, while the Swantarta party was founded in 1959.

Ans: d

Exp:

• Statement 1 is correct: Part IXA of the Constitution was inserted by the Constitution (Seventy-fourth Amendment) Act, 1992. It contains provisions for local self-government at the urban level (including powers of the municipalities).
• Statement 2 is correct: Emergency provisions are outlined in Part XVIII of the Constitution, covering Articles 352 to 360. These provisions empower the Central government to address any extraordinary situations effectively.
• Statement 3 is correct: Part XX deals with the provisions related to the amendment of the Constitution. Parliament may, in the exercise of its constituent power, amend by way of addition, variation or repeal any provision of the Constitution in accordance with the procedure laid down in this part.

Ans: c

Exp: 

• Option A is incorrect: Inter-State trade and commerce is a Union subject under the Union List.
• Option B is incorrect: Inter-State migration is a Union Subject under the Union List.
• Option C is correct: Inter-State quarantine is in the Union List of 7th schedule.
• Option D is incorrect: Corporation tax is a Union subject under the Union List.

Ans: d

Exp: 

The Constitution of India does not specifically guarantee a right to privacy. However, through various judgements over the years, the Courts of the country have interpreted the other rights in the Constitution to give rise to a (limited) right to privacy—primarily through Article 21—the right to life and liberty. In 2015, this interpretation was challenged and referred to a larger Bench of the Supreme Court in the writ petition of Justice K.S Puttaswamy & Another vs. Union of India and Others. The Court, in a landmark judgement on 24 August 2017, unanimously ruled that privacy is a fundamental right and that the right to privacy is protected as an intrinsic part of the right to life and personal liberty (Article 21), as a part of the freedoms guaranteed by Part III of the Constitution. The Bench also ruled that the right to privacy is not absolute but is subject to reasonable restrictions (as is every other fundamental right).

Ans: c

Exp:

A Presiding Officers’ Conference held in Delhi in 1996 first mooted the idea of ethics panels for the two Houses. The Vice President (and Rajya Sabha Chairman) K R Narayanan constituted the Ethics Committee of the Upper House in 1997 to oversee the moral and ethical conduct of members and examine cases of misconduct referred to it. The Rules applicable to the Committee of Privileges also apply to the ethics panel.

Statement 1 is correct:  In the case of Lok Sabha, the Committee of Privileges finally recommended the constitution of an Ethics Committee during the 13th Lok Sabha. The late Speaker, G M C Balayogi, constituted an ad hoc Ethics Committee in 2000, which became a permanent part of the House only in 2015.

Statement 2 is incorrect: Any person can complain against a Member through another Lok Sabha MP (Member of Parliament), along with evidence of the alleged misconduct and an affidavit stating that the complaint is not “false, frivolous, or vexatious”. If the Member himself complains, the affidavit is not needed.

Statement 3 is correct: The Committee does not entertain complaints based only on media reports or on matters that are sub judice. The Committee makes a prima facie inquiry before deciding to examine a complaint. It makes its recommendations after evaluating the complaint.

The Committee presents its report to the Speaker, who asks the House if the report should be taken up for consideration. There is also a provision for a half-hour discussion on the report.

Ans: d

Exp:

The Constituent Assembly convened its inaugural meeting on December 9, 1946. In accordance with French tradition, Dr. Sachchidananda Sinha, the eldest member, was chosen as the interim President of the Assembly. Subsequently, Dr. Rajendra Prasad was elected as the Assembly’s President.

Ans: d

Exp:  

Part XX of the constitution deals with the provisions related to the amendment of the constitution. According to Article 368, which falls under part XX, notwithstanding anything in the Constitution, Parliament may, in the exercise of its constituent power, amend by way of addition, variation, or repeal any provision of this Constitution in accordance with the procedure laid down in this article. Thus, Options 1, 2 and 3 are correct. 

Ans: c

Exp: 

Article 109 in the Constitution of India deals with special procedures in respect of Money Bills. Thus, Statement 1 is correct.

Article 109:

• A Money Bill shall not be introduced in the Council of States. Thus, statement 2 is correct.
• After a Money Bill has been passed by the House of the People, it shall be transmitted to the Council of States for its recommendations, and the Council of States shall, within a period of fourteen days from the date of receipt of the Bill, return the Bill to the House of the People with its recommendations and the House of the People may thereupon either accept or reject all or any of the recommendations of the Council of States. Thus, statement 4 is incorrect.
• Rajya Sabha can only suggest amendments, it can neither amend nor reject the bill. Thus, statement 3 is correct.
• If the House of the People accepts any of the recommendations of the Council of States, the Money Bill shall be deemed to have been passed by both Houses with the amendments recommended by the Council of States and accepted by the House of the People.
• If the House of the People does not accept any of the recommendations of the Council of States, the Money Bill shall be deemed to have been passed by both Houses in the form in which it was passed by the House of the People without any of the amendments recommended by the Council of States.
• If a Money Bill passed by the House of the People and transmitted to the Council of States for its recommendations is not returned to the House of the People within the said period of fourteen days, it shall be deemed to have been passed by both Houses at the expiration of the said period in the form in which it was passed by the House of the People.

Ans: a

Exp: The North Eastern Council (NEC) is not a constitutional body but a statutory organization established under the North Eastern Council Act, 1971, as amended in 2002. Initially, NEC was an Advisory Body for the North Eastern Region (NER). Now, it is mandated to function as a Regional Planning Body for the region. The Council comprises:

• Governors of constituent states. Thus, option 1 is correct

• Chief Ministers of Constituent States. Thus, option 2 is correct

• Three members nominated by the President. Thus, option 3 is correct

While formulating the regional plans for the North Eastern Region, it is mandated to give priority to schemes and projects, benefitting two or more States, provided that in case of Sikkim, the Council shall formulate specific projects and schemes for that State including the review of implementation of such project and schemes.

Ans: c

Exp:

The Constitution (One Hundred and Twenty-Eighth Amendment) Bill, 2023 was introduced in Lok Sabha on September 19, 2023.   The Bill seeks to reserve one-third of the total number of seats in Lok Sabha and state legislative assemblies for women.

Key features of the Bill

• • The Bill reserves, as nearly as may be, one-third of all seats for women in Lok Sabha, state legislative assemblies, and the Legislative Assembly of the National Capital Territory of Delhi.  This will also apply to the seats reserved for SCs and STs in Lok Sabha and state legislatures.  Thus, statement 3 is correct.
  • The reservation will be effective after the census conducted after the commencement of this Bill has been published.   Based on the census, delimitation will be undertaken to reserve seats for women.  The reservation will be provided for a period of 15 years.   However, it shall continue till such date as determined by a law made by Parliament. Thus, statement 2 is correct.

• The next delimitation exercise, or redrawing of constituency boundaries, is scheduled to be held in 2026. Effectively, this means that the earliest implementation of the women’s quota in the Lok Sabha can be in the 2029 general election (19th Lok Sabha), rather than in next year’s polls. Thus, statement 1 is incorrect

• Seats reserved for women will be rotated after each delimitation, as determined by a law made by Parliament.

Ans: c

Exp: 

Writs are written orders issued by the Supreme Court (Article 32) or a High Court (Article 226) that direct constitutional remedies for Indian citizens who have been violated of their fundamental rights. There are five kinds of writs: Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari.

• Habeas Corpus, a Latin term meaning “to produce the body,” is a court order requiring that a detained individual be brought before the court within 24 hours to assess the legality of their detention. If found innocent, the person is released; otherwise, they remain in custody.
• Mandamus, a Latin term meaning “command,” is a writ issued by higher courts to ensure public officials fulfill their duties. It cannot be granted against private individuals or companies but is directed at public authorities, companies, tribunals, or lower courts, compelling them to perform their obligations or refrain from specific actions. 
• Prohibition is a legal term meaning “to prohibit or restrain.” A higher court issues a writ of prohibition to a lower court to prevent it from exceeding its authority or jurisdiction. This writ applies only to judicial and quasi-judicial bodies, not to administrative agencies, statutory authorities, private individuals, or enterprises. Thus, option C is correct.
• Quo warranto means “by what authority.” This writ allows anyone, not just the aggrieved party, to challenge a person’s legal right to hold a public office. It cannot be issued against ministerial offices.
• Certiorari, meaning “certified,” is a writ issued by the High Court or Supreme Court to a lower court or tribunal to transfer a case for review or appeal.

Ans: b

Exp: 

• Statement 1 is incorrect: According to 342(1), the President may with respect to any State or Union Territory, and where it is a State, after consultation with the Governor thereof, by a public notification, specify the tribes or tribal communities or part of or groups within tribes or tribal communities as Scheduled Tribe in relation to that State or Union Territory as the case may be. 
  • Parliament may by law include in or exclude from the list of Scheduled Tribes specified in a notification issued under clause (1) any tribe or tribal community or part of or group within any tribe or tribal community, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.
• Statement 2 is correct: The list of Scheduled Tribes is State/UT specific and a community declared as a Scheduled Tribe in a State need not be so in another State.

Ans: b

Exp:

The term ‘budget’ has nowhere been used in the Constitution. It is the popular name for the ‘annual financial statement’ that has been dealt with in Article 112 of the Constitution. The budget is a statement of the estimated receipts and expenditure of the Government of India in a financial year, which begins on 1 April and ends on 31 March of the following year. 

Statement 1 is incorrect: The President shall in respect of every financial year cause to be laid before both the Houses of Parliament a statement of estimated receipts and expenditure of the Government of India for that year. Union Finance Minster on behalf of the President, lays the annual Financial Statement before both the houses of Parliament.

Statement 2 is correct: No demand for a grant shall be made except on the recommendation of the President. 

Ans: a

Exp:

Each House of Parliament has its own presiding officer. There is a Speaker and a Deputy Speaker for the Lok Sabha and a Chairman and a Deputy Chairman for the Rajya Sabha. 

The Speaker is elected by the Lok Sabha from amongst its members (as soon as may be, after its first sitting). Whenever the office of the Speaker falls vacant, the Lok Sabha elects another member to fill the vacancy. The date of election of the Speaker is fixed by the President. When a resolution for the removal of the Speaker is under consideration of the House, he cannot preside at the sitting of the House, though he may be present. However, he can speak and take part in the proceedings of the House at such a time and vote in the first instance, though not in the case of an equality of votes. Thus, Statement 1 is correct, and Statements 2 and 3 are incorrect.

Ans: b

Exp:

When the Lok Sabha is dissolved, all business, including bills, motions, resolutions, notices, petitions and so on pending before it or its committees lapse. They (to be pursued further) must be reintroduced in the newly constituted Lok Sabha. However, some pending bills and all pending assurances that are to be examined by the Committee on Government Assurances do not lapse on the dissolution of the Lok Sabha. The position with respect to the lapsing of bills is as follows:

• • A bill pending in the Lok Sabha lapses (whether it originated in the Lok Sabha or was transmitted to it by the Rajya Sabha). Thus, statement 1 is correct.

• A bill passed by the Lok Sabha but pending in the Rajya Sabha lapses. Thus, statement 2 is correct

• A bill not passed by the two Houses due to disagreement and if the president has notified the holding of a joint sitting before the dissolution of Lok Sabha, does not lapse. Thus, statement 3 is incorrect.

• A bill pending in the Rajya Sabha but not passed by the Lok Sabha does not lapse.
• A bill passed by both Houses but pending assent of the president does not lapse.
• A bill passed by both Houses but returned by the president for reconsideration of Houses does not lapse.

Ans: c

Exp: 

Statement 1 is incorrect: The President of India prorogates a house on the advice of the Council of Ministers.

Statement 2 is correct: The presiding officer (Speaker or Chairman) declares the House adjourned sine die, when the business of a session is completed. Within the next few days, the President issues a notification for prorogation of the session. However, the President can also prorogue the House while in session.

Statement 3 is correct: Rajya Sabha, being a permanent House, is not subject to dissolution. Only the Lok Sabha is subject to dissolution. Unlike a prorogation, a dissolution ends the very life of the existing House, and a new House is constituted after general elections are held.  Dissolution of the Lok Sabha is done by the President of India, who, save in exceptional circumstances, does so on the advice of the Council of Ministers.

Ans: d

Exp:

About the Charter Act of 1833:

• It was the final step towards centralisation in British India.
• It made the Governor-General of Bengal as the Governor-General of India and vested in him all civil and military powers (Lord William Bentinck was the first Governor-General of India). Thus, the act created, for the first time, the Government of India having authority over the entire territorial area possessed by the
• British in India. Lord William Bentick was the first Governor-General of India.
• It deprived the Governors of Bombay and Madras of their legislative powers.
• Laws made under the previous acts were called Regulations, while laws made under this act were called Acts.
• It ended the activities of the East India Company as a commercial body, which became a purely administrative body.

Ans: c

Exp:

The Doctrine of ‘Due Process of Law’ has its origins in the English Common Law. It was first seen in the Magna Carta-the law of the Land for England. The
due process of law doctrine examines not only whether a law exists to deprive a person of his or her life and personal liberty but also whether the legislation is fair, just, and not arbitrary. Unlike the Procedure established by Law where the judiciary assesses the procedure of the legislation and its competence only,
the Supreme Court, in case of due process of law, analyses the procedure and the rationale of the law. It judges its reasonability.

Indian Context:
Article 21 of the Indian Constitution declares that no person shall be deprived of his life or personal liberty except according to procedure established by law. This right is available to both citizens and noncitizens. In the famous Gopalan case (1950), the Supreme Court had taken a narrow interpretation of Article 21. It held that the protection under Article 21 is available only against arbitrary executive action and not from arbitrary legislative action. This means that the State can deprive the right to life and personal liberty of a person based on a law. This was because of the expression ‘procedure established by law’ in Article 21, which is different from the expression ‘due process of law’ contained in the American Constitution:

• Hence, the validity of a law that has prescribed a procedure cannot be questioned on the ground that the law is unreasonable, unfair or unjust.
• Secondly, the Supreme Court held that ‘personal liberty’ means only liberty relating to the person or body of the individual.

However, in the Menaka case (1978), the Supreme Court overruled its judgement in the Gopalan case by taking a wider interpretation of Article 21. Therefore, it ruled that the right to life and personal liberty of a person can be deprived by a law provided the procedure prescribed by that law is reasonable, fair and just. In other words, it has introduced the American expression ‘due process of law’:

• In effect, the protection under Article 21 should be available not only against arbitrary executive action but also against arbitrary legislative action.
• Further, the court held that the ‘right to life’ as embodied in Article 21 is not merely confined to animal existence or survival, but it includes within its ambit the right to live with human dignity and all those aspects of life that go to make a man’s life meaningful, complete and worth living

Ans: a

Exp:

Statement 1 is correct: ‘Prisons’/’persons detained therein’ is a “State-List” subject under Entry 4 of List II of the Seventh Schedule to the Constitution of India. Administration and management of prisons and prisoners is the responsibility of respective State Governments who are competent to take appropriate action in this regard. However, given the significance of prisons in the Criminal Justice System, the Ministry of Home Affairs has been providing regular guidance and support to the States and UTs on diverse issues relating to prison administration.
Statement 2 is correct: The Prisons Act, 1894 defines prison as-

•  “Prison” means any jail or place used permanently or temporarily under the general or special orders of a State Government for the detention of prisoners, and includes all lands and buildings appurtenant thereto.
• Also, Section 59 of the Prisons Act 1894 confers upon the state government powers to make rules consistent with this act.

Ans: c

Exp:

About the Constitution of India:

• A constitution is a body of basic laws and principles that describes the general organisation and operation of the state and contains fundamental principles and norms that underlie and guide all government action.
• A constitution is simultaneously a legal, political, and social instrument. As a supreme or higher law, its provisions provide a framework under which all regulations, legislation, institutions, and procedures operate.
• It articulates the rights of citizens that institutions, procedures or legislation must not infringe on and which the state must strive to ensure.
• Politically, it establishes, distributes and limits governmental power (Chief Purpose of the Constitution) and provides mechanisms for deliberating and deciding on public policy.
• Socially, it may reflect a shared identity or civic vision of the state, expressing commonly held values or foundational principles.

Ans: a

Exp:

• About the Constitution First Amendment Act 1951:
  The Constitution First Amendment Act 1951 was to address certain difficulties that had been brought to light by judicial decisions and pronouncements, especially with regard to the chapter on fundamental rights.
• The main objects of the First Amendment Act 1951 were:
  • To amend Article 19 for the purposes indicated above and to insert provisions fully securing the constitutional validity of zamindari abolition laws in general and certain specified State Acts in particular. (Thus, it was widely believed to be enacted to overcome the judicial interpretations of the Fundamental Rights)
  • The opportunity was taken to propose a few minor amendments to other articles in order to remove difficulties that may arise.

Ans: a

Exp:

• Option 1 is correct: The National Commission for Backward Classes (NCBC) was initially constituted by the Central Govt through the National Commission for Backward Classes Act, 1993, which was repealed through the National Commission for Backward Classes (Repeal) Act, 2018. At present, the commission has been accorded Constitutional Status and constituted through “The Constitution (One Hundred and Second Amendment) Act, 2018” Act whereby Article338B has been inserted, forming a Commission for the socially and educationally backward classes to be known as National Commission for Backward Classes.
• Option 2 is not correct: The National Human Rights Commission (NHRC) of India was established under the Protection of Human Rights Act (PHRA), 1993 and amended by the Protection of Human Rights (Amendment) Act, 2006. It is in conformity with the Paris Principles, for the promotion and protection of human rights. Section 2(1)(d) of the PHRA defines Human Rights as the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India.
• Option 3 is not correct: The Law Commission of India is a non-statutory body and is constituted by a notification of the Government of India, Ministry of Law & Justice, Department of Legal Affairs with a definite terms of reference to carry out research in the field of law and the Commission makes
  recommendations to the Government (in the form of Reports) as per its terms of reference.
• Option 4 is not correct: The National Consumer Disputes Redressal Commission (NCDRC), India, is a quasi-judicial commission in India that was set
  up in 1988 under the Consumer Protection Act of 1986.
  • Section 21 of the Consumer Protection Act, 1986 posits that the National Commission shall have jurisdiction to entertain a complaint valued more than two crore and also have Appellate and Revisional jurisdiction from the orders of State Commissions or the District fora as the case may be.
  • Section 23 of the Consumer Protection Act, 1986, provides that any person aggrieved by an order of NCDRC, may prefer an Appeal against such order to the Supreme Court of India within a period of 30 days.

Ans: d

Exp:

• Statement 1 is not correct: If the election of a person as President is declared void by the Supreme Court, acts done by him before the date of such declaration of the Supreme Court are not invalidated and continue to remain in force.
• Statement 2 is not correct: Where an assembly is dissolved, the members cease to be qualified to vote in Presidential elections, even if fresh elections to the dissolved assembly are not held before the Presidential elections.
• Statement 3 is not correct: When a bill is sent to the President after it has been passed by the Parliament, he can give his assent to the bill, withhold his assent to the bill or return the bill (if it is not a money bill) for reconsideration of the Parliament. No time limit has been fixed by the Constitution within which the President has to give his/her assent to the bill.

Ans: a

Exp:

The Finance Bill is introduced to give effect to the financial proposals of the Government of India for the following year. It is subjected to all the
conditions applicable to a Money Bill.

The Constitution has also defined the relative roles or positions of both Houses of Parliament with regard to the enactment of the budget in the following way:

• A money bill or finance bill dealing with taxation cannot be introduced in the Rajya Sabha–it must be introduced only in the Lok Sabha.
  The Rajya Sabha has no power to vote on the demand for grants; it is the exclusive privilege of the Lok Sabha.
• A Finance Bill (Money Bill) cannot be amended or rejected by the Rajya Sabha. The Rajya Sabha should return the bill with or without recommendations. Hence, statement 1 is not correct, and statement 2 is correct.
• The Rajya Sabha should return the Money bill (or Finance bill) to the Lok Sabha within fourteen days. The Lok Sabha can either
  accept or reject the recommendations made by the Rajya Sabha in this regard.
• There is no chance of any disagreement between the two Houses, and hence, there is no provision for a joint sitting of both Houses in regard to the Finance Bill (Money Bill). Hence, statement 3 is not correct

Ans: c

Exp:

Statement 1 is correct: The Supreme Court of India has held in several judgments – Indra Sawhney v Union of India 1993 and M Nagaraj v Union of India
2006 – that the reservation policies made under 30 UPSC Prelims PYQs Article 16(4) of the Constitution would be limited by Article 335, which provides for ‘maintenance of efficiency of administration’, while considering the claims of the Scheduled Castes (SCs) and the Scheduled Tribes (STs) in the making of appointments to public services and posts.
Statement 2 is not correct: The Constitution does not define the term ‘efficiency of administration’. This gap in interpretation was filled by a two-judge
bench in the B K Pavitra (II) v Union of India (2019), as it held that ‘efficiency of administration in the affairs of the union or of a state must be defined in an inclusive sense, where diverse segments of society find representation as a true aspiration of governance by and for the people’

Ans: b

Exp:

The Fifteenth Finance Commission (XVFC)’s Term of Reference was unique and wide-ranging in many ways. The Commission was asked to recommend
performance incentives for States in many areas like the power sector, adoption of DBT, solid waste management, etc. The XVFC’s Report is organised in four volumes. The XVFC’s Report deals with two kinds of devolution:

• Vertical Devolution: distribution of net proceeds of taxes between the Union and states.
• Horizontal Devolution: distribution of net proceeds of taxes among the states.

Horizontal Devolution: Based on principles of need, equity and performance, the overall devolution

• On horizontal devolution, while XVFC agreed that the Census 2011 population data better represents the present need of States, to be fair to, as well as reward, the States that have done better on the demographic front, XVFC has assigned a 12.5 per cent weight to the demographic performance criterion.
• XVFC has reintroduced tax effort criteria to reward fiscal performance.
  Hence, options 1, 2 and 5 are correct.

Ans: b

Exp:

Statement 1 is not correct: Home Guards are raised under the Home Guards Act and Rules of the States/Union Territories. They are recruited from people of all classes and walks of life who give their spare time to the organisation for the betterment of the community Amenities and facilities given to Home Guards include free uniforms, duty allowances and awards for gallantry, distinguished and meritorious services.
Statement 2 is correct: The role of Home Guards is to serve as an auxiliary Force to the Police in the maintenance of internal security situations, help the community in any kind of emergency such as an air raid, fire, cyclone, earthquake, epidemic etc., help in the maintenance of essential services, promote
communal harmony and assist the administration in protecting weaker sections, participate in socioeconomic and welfare activities and perform Civil
Defence duties.
Statement 3 is correct: Fifteen Border Wing Home Guards (BWHG) Battalions (Bns) have been raised in the border States viz. Punjab (6 Bns.), Rajasthan (4 Bns.), Gujarat (2 Bns.) and one each Battalion for Meghalaya, Tripura and West Bengal to serve as an auxiliary to Border Security Force for preventing infiltration on the international border/coastal areas, guarding of VA/VPs and lines of communication in the vulnerable area at the time of external aggression.

Ans: b

Exp:

• Pair 1 is correct: Section 6 of The Official Secrets Act,1923, deals with the unauthorised use of uniforms, falsification of reports, forgery, personation, and false documents.
• Pair 2 is not correct: Section 7 of The Official Secrets Act,1923 deals with the infraction of interfering with ‘Officers of the Police’ or ‘Members of the Armed Forces of the Union’ engaged in the discharge of their duties.
• Pair 3 is correct: Section 9.9 of The Arms (Amendment) Act, 2019 outlines that whoever uses a firearm in a ‘rash or negligent manner’ or in ‘celebratory gunfire’ so as to endanger human life or personal safety of others shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to rupees one lakh, or with both.

Explanation: ‘Celebratory gunfire’ means the practice of using firearms in public gatherings, religious places, marriage parties or other functions to fire ammunition.

Ans: d

Exp:

The Indian National Flag represents the hopes and aspirations of more than 1 billion people, and the display of the National flag is governed by the
provisions of:

• Emblems and Names(Prevention of Improper Use Act, 1950).
• Prevention of Insults to National Honour Act, 1971.

The Flag Code of India, 2002, brings together all such laws and practices in the form of guidance to all.
Statement-I is not correct: According to the Flag Code, the standard sizes of the Indian National Flag are:

An appropriate size should be chosen for display:

• Aircraft on VVIP Flight: 450 x 300 mm.
• Motor Cars: 225 x 150 mm
• Table Flag: 150 x 100 mm

Statement-II is correct: According to the Flag Code of India, the National Flag shall be rectangular in shape. The Flag can be of any size, but the ratio of the length to the height (width) of the National Flag should be 3:2.

Ans: c

Exp:

Statement-I is correct: The Constitution Day, also known as ‘Samvidhan Divas’, is celebrated in our country on 26th November every year to commemorate the adoption of the Constitution of India.
Statement-II is not correct: The Drafting Committee was set up under the Chairmanship of Dr B.R. Ambedkar by the Constituent Assembly on 29 August 1947 to prepare a Draft Constitution for India. On 26th November 1949, the Constituent Assembly of India adopted the Constitution of India, which came into effect from 26th January 1950 (the day of commencement). The Constitution, as adopted on November 26, 1949, contained a Preamble, 395 Articles and 8 Schedules.

Ans: b

Exp:

• Statement 1 is correct: Under Article 355 of the Indian Constitution, it is the duty of the Union, i.e. the Central Government, to protect every State against external aggression and internal disturbance and to ensure that the government of every State is carried on in accordance with the provisions of this Constitution.
• Statement 2 is correct: Article 22 grants protection to persons who are arrested or detained. Detention is of two types:
• Punitive detention is to punish a person for an offence committed by him after trial and conviction in a court.
• Preventive detention, on the other hand, means the detention of a person without trial and conviction by a court.

Article 22 has two parts- the first part deals with the cases of ordinary law, and the second part deals with the cases of preventive detention law. The first part of Article 22 confers the following rights on a person who is arrested or detained under an ordinary law:

• Right to be informed of the grounds of arrest.
• Right to consult and be defended by a legalpractitioner.
• Right to be produced before a magistrate within 24 hours, including the journey time.
• Right to be released after 24 hours unless the magistrate authorises further detention.

The above safeguards are not available to an enemy alien or a person arrested or detained under a preventive detention law.

Statement 3 is not correct: The issue of confession by the accused person is provided under Section 32 of the Prevention of Terrorism Act, 2002, and confession made to police can be accepted as evidence.

Ans: a

Exp:

Statement 1 is not correct: As per Article 54 of the Constitution, the President of India is elected by the Members of an Electoral College consisting of:

• The elected members of both Houses of Parliament.
• The elected members of the Legislative Assemblies of all States [including the National Capital Territory of Delhi and the Union Territory of Puducherry].
• The Members nominated to either House of Parliament or the Legislative Assemblies of States, including NCT of Delhi and Union Territory of Puducherry, are not eligible to be included in the Electoral College.

Statement 2 is not correct: The higher the number of elective Assembly seats, the higher the value of the vote of each MLA of that State is not always true as it depends on the ratio of the total population to the total number of elective seats.

Statement 3 is not correct: The value of the vote of each MLA of Madhya Pradesh is less than that of Kerala, as it depends on the ratio of the total population to the total number of elective seats.

Statement 4 is correct: Based on the ratio of the total population to the total number of elective seats in the State value of the vote of each MLA of Puducherry is higher than that of Arunachal Pradesh.

Ans: b

Exp:

Statement 1 is correct: According to Article 244(1) of the Fifth Schedule of the constitution, “Scheduled Areas” refer to regions that the President can designate as such through an order following consultation with the Governor of the respective State.
Statement 2 is correct: The largest administrative unit forming the scheduled areas has been the district, and the lowest is the cluster of villages in the block.
Statement 3 is incorrect: The executive power of a state extends to the scheduled areas therein. But the governor has a special responsibility regarding such areas. He has to submit a report to the President regarding the administration of these areas annually or whenever so required by thePresident.

Ans: c

Sub-Theme: Acts and Regulations under the Crown Rule (1858–1947)

The Government of India Act 1919, also known as Montagu-Chelmsford Reforms came into force in 1921 with the sole purpose to ensure Indians of their representation in the Government. The Act divided the provincial subjects into two parts – transferred and reserved, this dual scheme of governance was known as ‘dyarchy’.

Options 1, 3 and 4 are “Reserved Subjects”: The reserved list includes subjects such as Law and Order, Finance, Land Revenue, Administration of Justice, Police, irrigation etc. and the subjects were to be administered by the governor through his executive council of bureaucrats. All-important subjects were kept in the reserved subjects of the Provincial Executive.

Option 2 is “Transferred Subjects”: The transferred subjects were to be administered by ministers nominated from among the elected members of the legislative council and it included subjects such as education, health, Local Self-Government, industry, agriculture, excise, etc.

Other Important Provisions of Government of India Act (Montagu-Chelmsford Reforms) Act, 1919:

• Relaxed the central control over the provinces by demarcating and separating the central and provincial subjects.
• Introduced Bicameralism and Direct Elections in the country.
• It required 3 out of 6 members in the

Viceroy’s Executive Council to be Indian.

• It extended the principle of communal representation among the Sikhs, Indian Christians, Anglo-Indians and
• Establishment of a Public Service
• Separated the provincial budgets from the Central budget.

Ans: a

Sub-Theme: Scheduled and Tribal Areas/Articles and Schedules of Indian Constitution

Fifth Schedule:

• The Fifth Schedule of the Constitution deals with the provisions as to the Administration and Control of Scheduled Areas and Scheduled Tribes. Article 244 (1) of the Constitution defines Scheduled Areas as the areas defined so by the President of India and are mentioned in the 5th schedule of the Constitution.
• Governors can make regulations for peace & good government of Scheduled Areas after consulting the Tribal Advisory Council (TAC).
• Such regulations may prohibit or restrict the transfer of land by or among members of the scheduled tribes, regulate the allotment of land to members of the scheduled tribes and regulate the business of moneylending in relation to the scheduled tribes.
• The provisions regarding the administration and control of Scheduled and Tribal Areas of any state except the four states are mentioned under this schedule: Assam, Meghalaya, Tripura, Mizoram.

Ans: d

Sub-Theme: Writ Type and Scope

• Statement 1 is correct: The word Mandamus means “we command”. It directs activity and commands issued by the court to public officials asking them to perform. It is issued against any public body, corporation, inferior court, tribunal, or government for the same purpose. Mandamus cannot be issued against a private individual or body.
• Statement 2 is correct: Mandamus won’t be granted against private individuals and companies that have no public duty to perform. It cannot be issued against a legislature, commanding or preventing it to enact legislation.
• Statement 3 is correct: The meaning of the word Quo Warranto is “By what authority or warrant”. Quo Warranto is issued by the court to inquire into the legality of the claim of a person to a public office. Unlike the other writs, this can be sought by any interested person and not necessarily by the aggrieved person.

Ans: (b)

Sub-Theme: Procedure for the Amendment

Statement 1 is incorrect: Prior permission of the President is not required to introduce the bill amending the Constitution in India.

Statement 2 is correct: The 24th constitutional amendment made it obligatory for the President to give his assent, when a Constitution Amendment Bill was presented to him.

Statement 3 is correct: Article 368 of the Indian constitution requires that the constitution of India can be amended by both houses of parliament by a 2/3 majority (special majority). In case of disagreement between both houses, there is no provision to summon a joint session of parliament.

Procedure for the Amendment (Article 368):

Ans: a

Sub-Theme: People’s Representative/Speaker and Deputy Speaker

Statement 1 is correct: The date of election of the Deputy Speaker is fixed by the Speaker. While on the other hand the date of election of the Speaker is fixed by the President.

Statement 2 is incorrect: There is no such mandatory provision that the election of a candidate, as Deputy Speaker of Lok Sabha, shall be from either the principal opposition party or the ruling party. It is only by convention that the position of Deputy Speaker is offered to the opposition party in India.

Statement 3 is correct: In case of the absence of the Speaker, the Deputy Speaker presides over the sessions of the Lok Sabha and conducts the business in the house, during such time he/she enjoys the same power as the Speaker when presiding over the sitting of the House. Statement 4 is incorrect: Regarding the appointment of Deputy Speaker, there is no such parliamentary practice of moving motion by Speaker and duty seconded by the Prime Minister.

Ans: b

Sub-Theme: Exclusive powers of LS &RS

• Statement 1 is incorrect: The proclamation of Emergency must be approved by both the Houses of Parliament within one month from the date of its issue. If approved by both the Houses  of  Parliament,  the  emergency continues for six months, and can be extended to an indefinite period with an approval of the Parliament for every six months.
• Statement 2 is correct: No confidence Motion can only be initiated and passed in LS.
• Statement 3 is incorrect: As per Article 61, when a President is to be impeached for violation of the Constitution, the charges can be initiated by either House of Parliament. The impeachment resolution needs to be passed by a majority of two-thirds of the total membership in each house.

Ans: b

Sub-Theme: Council of Ministers

Statement 1 is incorrect: The constitution mentions the word ‘council of ministers’, however it doesn’t classify ministers into 4 categories. Generally, the Prime Minister and other Ministers are collectively known as the Council of Ministers.

Statement 2 is correct: As per 91st CAA, the total number of Central Council of Ministers/ State Council of Ministers including Prime Minister/Chief Minister should not be more than 15% of total strength of Lok Sabha. It stated that the number of ministers in the state legislature, including the CM, in a state shall not be less than 12. A member who is disqualified on the ground of defection shall also be disqualified to be appointed as a minister.

Ans: b

Sub-Theme: Contempt of Court

• Statement 1 is correct: Pursuant to the recommendations made by the H N Sanyal Committee, the Contempt of Courts Act, 1971 was passed to bring transparency and more clarity in the concept of contempt of court.
• Statement 2 is correct: The Supreme Court and the High Courts of India have been empowered with the power to penalise Contempt of Court under Articles 129 and 215 of the Constitution of India.
• Statement 3 is incorrect: The Constitution of India does not define Civil Contempt and/or Criminal Contempt. However, the expression has been defined by the Contempt of Court Act of 1971.
• Statement 4 is correct: Article 142 (2) of the Indian Constitution states that “subject to the provisions of any law made on this behalf by Parliament” the Supreme Court shall have all and every power to make any order on the punishment of any contempt of itself.

Ans: b

Sub-Theme: Functions of Judiciary

• Statement 1 is incorrect: As per the Advocates Act, 1961 Advocates to be the only recognized class of persons entitled to practice law. Corporate Lawyers, as well as patent attorneys, are too recognized as advocates and there’s no prohibition on their recognition as advocates.
• Statement 2  is  correct: To  recognize universities that offer a law degree as a prerequisite for becoming an advocate and inspect and visit universities, or to direct the State Bar Councils to do so are one of the functions of BCI.

Ans: d 

Sub-Theme: Attorney General

• Statement 1 is incorrect: Attorney General has the right to speak and to take part in the proceedings of Parliament or their joint sitting and any committee of the Parliament of which he is a member, but without a right to vote. He enjoys all the privileges and immunities that are available to a Member of Parliament. While Solicitor General of India and Additional Solicitor General of India have no such rights or privilege.
• Statement 2 is incorrect: The term of office of the AG is not fixed by the Constitution and also, the Constitution does not contain the procedure and grounds for his removal. He holds office during the pleasure of the president and conventionally, he resigns when CoM resigns or is replaced, as he is appointed on its advice.

Ans: b

Sub-Theme: Provisions of the Anti-Defection Law

• Statement 1 is incorrect: A nominated member of a House becomes disqualified for being a member of the House if he joins any political party after the expiry of six months from the date on which he takes his seat in the House. This means that he may join any political party within six months of taking his seat in the House.
• Statement 2 is correct: The law does not specify any time period for the Presiding Officer to decide on a disqualification plea under the Tenth Schedule.

Ans: a

Sub-Theme: Basic

The State refers to a political institution that represents a sovereign people organised under one independent government within a definite territory and subject to no outside control. Thus, a community of persons permanently occupying a definite territory independent of external control and possessing an organised government.

Ans: d

The doctrine of Separation of Powers entails the division of the legislative, executive, and judicial functions of government among different This demarcation prevents the concentration of excessive power by any branch of the Government. It thus helps to safeguard the liberty and rights of the people in a democracy. In the Directive Principles of State Policy, Article 50 mentions separation of judiciary from the executive.

Additional Information:

• Committed Judiciary: It means a judiciary committed to the policies of the government or ruling party; thus, it can’t protect the liberty of all people.
• Centralization of Power: Liberal- democratic theory   assumes   that decentralization promotes democratic participation, especially local self- government.
  • Elected Government: Only having an elected government doesn’t safeguard liberty in liberal democracy. g., Pakistan.

Ans: b

Sub-Theme: Right outside FR/Legal

• • Earlier, the Indian Constitution recognized the ‘Right to Property’ as a fundamental right under Article 19(1)(f) and Article 31. Later, Right to Property as a fundamental right was abolished by the 44th Constitutional Amendment Act, 1978 and made it a legal right under Article 300-A.
  • Article 300-A of the Constitutions states that “No person shall be deprived of his property save by Authority of Law”.
  • Thus, Right to Property in India is a legal right available to any person.

Ans: a

Sub-Theme: Forms of Government

The Indian Constitution adopts the federal system of Government, but with more tilt towards a unitary system of government. So, every state government does not have power of its own. Thus, it is considered as a quasi-federal system. The features of a federation are:

• Two Government, division of powers,
• Written Constitution,
• Supremacy of Constitution,
• Rigidity of Constitution,
• Independent Judiciary and 
• Bicameralism

Ans: a

Sub-Theme: Acquisition of Citizenship

Statement  1  is  correct: The Indian Constitution has the provision for single citizenship only, i.e., the Indian citizenship. India’s citizens only owe allegiance to the Indian Union. Additionally, the citizenship of an Indian citizen immediately expires when he or she voluntarily obtains the citizenship of another nation. In India, only one domicile is permitted. A single State or UT may only issue a Domicile Certificate.

• Statement 2 is incorrect: In India, the Head of the State is the President and as per the Indian constitution both a citizen by birth as well as a naturalized citizen are eligible for the office of President. Thus, a naturalized citizen can also become the Head of the State in India.
• Statement 3 is incorrect: A foreigner who has previously received Indian citizenship, can be deprived of his citizenship. Indian citizenship can be terminated by the Central government, if:
• obtained the citizenship by
• shown disloyalty to the Constitution of India
• unlawfully exchanged goods or information with the enemy while at war.
• two years of imprisonment in any country within five years of registration or
• been ordinarily resident out of India for seven years continuously.

Ans: b

Sub-Theme: Socialist Principles

Option (b) is correct: Part IV of the Constitution of India, spanning article 36 to 51, deals with the Directive Principles of State Policy. Article 39 of Directive Principles of State Policy (DPSP) clearly says that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment.

Additional Information:

Right to Equality: Articles 14 to 18 deals with ‘Right to Equality’ –

• • Equality before Law (Article 14)
  • Prohibition of discrimination based on grounds of religion, race, caste etc. (Article 15)
  • Equality of opportunity in matters of public employment (Article 16)
  • Abolition of Untouchability (Article 17)
  • Abolition of titles (Article 18)

Right to Freedom: Article 19 – 21 deals with ‘Right to Freedom’ – Protection of six rights regarding freedom of: (Article 19)

• Speech and Expression
• Assembly
• Association
• Movement
• Residence
• Profession
  • Protection in respect of conviction for offences (Article 20)
  • Protection of life and personal liberty (Article 21)
  • Concept of Welfare: It itself is a part of

Ans: b

Sub-Theme: Key Words in the Preamble

• The Preamble to the Indian Constitution is a brief introductory statement that reflects the hopes and aspirations of the people.
• The ideals behind the Preamble to Indian Constitution is based on ‘Objective Resolution’ which were drafted by Jawaharlal Nehru and adopted by the Constituent Assembly on January 22,
• The original Preamble, adopted by the Constituent Assembly in 1949, declared India a “Sovereign Democratic Republic”. Later, it was amended by the 42nd Constitutional Amendment Act (1976), and added three new words– “Socialist, Secular and Integrity”.

Ans: c

Sub-Theme: Right to Privacy

Article 21 of the Indian Constitution deals with the protection of life and personal liberty. In the KS Puttaswamy Case (2017), the Supreme Court held that privacy is a natural right that inheres in all natural persons, and that the right may be restricted only by state action that passes each of the three tests:

• Such state action must have a legislative
• It must be pursuing a legitimate state purpose; and
• It must be proportionate.

Ans: a

Sub-Theme: Rule of Law

A legislation which confers on the executive or administrative authority an unguided and uncontrolled discretionary power in the matter of application of law violates Article 14 of the constitution.

The Article 14 of the Indian Constitution denotes that the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. The concept of ‘equality before law’ is an element of the concept of ‘Rule of Law’.

Rule of Law:

• The concept of ‘equality before law’ as enshrined in Article 14 of Indian Constitution is taken from the concept of ‘Rule of Law’ propounded by V. Dicey.
• Rule of law is a legal principle that states that a country should be ruled by the law rather than by the arbitrary actions of particular government officials.
• Rule of law is part of the basic structure of the constitution.

The ‘Rule of Law’ has 3 fundamental principles:

• Absence of arbitrary power
• Equality before law
• Primacy of individual rights

From the above concept we came to know that ‘equality before law’ under Article 14 connotes the absence of arbitrary power with the authorities. Therefore, when a legislation confers uncontrolled discretionary powers on any authority, it tends to violate Article 14 of the constitution.

Ans: d

Sub-Theme: System of Government

The Constitutional Government is defined by the existence of a Constitution The idea behind constitutionalism is to place restrictions on the authority of state so that it does not become autocratic and also to protect the interest of individual liberty. In India the powers of the government are limited by means of the Fundamental Rights enshrined in the Part III of the Indian Constitution, which are essentially given to us against the state actions.

Ans: (c)

Sub-Theme: System of Government

Statement 1 is correct: Indian Parliamentary system is based on constitutional supremacy, hence power of the Parliament to legislate is limited. Whereas the British Model is based on Parliamentary sovereignty. So, as regards the legislation, the British Parliament is supreme.

Statement 2 is correct: According to the Constitution, Parliament and the state legislatures in India have the power to make laws within their respective jurisdictions. This power is not absolute in nature. The Constitution vests in the judiciary, the power to adjudicate upon the constitutional validity of all laws.

Additional Information:

Ans: b       

Sub-Theme: People’s Representation

This Question was cancelled by UPSC. Probable Solution: (b)

• Statement 1 is incorrect: The amendment of RPA in 1996 restricted the number of seats one candidate could contest in one election to two constituencies. And whenever they have won more than one, the candidates have retained only one, forcing bypolls in the rest.
• Statement 2 is correct: In 1991 Lok Sabha Election, Shri Devi Lal contested from three Lok Sabha constituencies.
• Statement 3 is incorrect: There is no such provision. If a candidate is contesting from more than one constituency, he has to lodge a separate return of election expenses for every election which he has contested. In every case, the Election Commission of India (ECI) bears the cost of elections/bye-elections in all the constituencies in Lok Sabha and assembly elections as well.

Ans: a

Sub-Theme: Constitutional Provisions Pertaining to Supreme Court/Jurisdiction and Powers of High Court

• Statement 1 is correct: As per Article 128 of the Constitution, the Chief Justice of India may, at any time, with the previous consent of the President, can request a retired judge of the Supreme Court or a retired judge of a high court to sit and act as a Judge of the Supreme Court for a temporary period. Such a judge is entitled to such allowances as the president may determine. He will also enjoy all the jurisdiction, powers and privileges of a judge of the Supreme Court.
• Statement 2 is incorrect: High Court does not has power to review and correct its own judgement. Thus, it is bound by its previous decision.

Ans: d         

Sub-Theme: National Commission for Scheduled Castes, Scheduled Tribes & Backward Classes

Option (d) is correct: The Ministry of Tribal Affairs (MoTA) is the nodal agency for the implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. The ministry deals with forest and livelihood objectives at the national level.

Ans: b        

Statement 1 is incorrect: In the report ‘Reorganisation of the Machinery of Central Government’ (1950) Sh. N. Gopalaswamy Ayyangar, suggested the grouping of ministries, improvement in the capabilities of the personnel, and also in the working of the Organisation and Method (O&M) Division. It nowhere mentions that a minister and a secretary be designated solely for pursuing the subject of administrative reform and promoting it. Moreover, it was the 1st ARC that suggested a minister and a secretary be designated solely for pursuing the subject of administrative reform and promoting it.

 Statement 2 is correct: In 1970, on the basis of the recommendations of the Administrative Reforms Commission, the Department of Personnel was set up under the charge of Cabinet Secretariat. In 1985, it was placed under the overall charge of the Prime Minister assisted by a Minister of State.

Ans: a

Sub-Theme: Major Political Theories

The common agreement between Gandhism and Marxism is the final goal of stateless and classless society. But means to achieve these final goals differ under Gandhism and Marxism. A stateless society refers to a society that lacks formal institutions of government.

Additional Information:

• Karl Marx: State is an instrument of oppression and an organ of the bourgeoisie that only works for maintaining class dominance. Therefore, he strives for class struggle and revolution which will ultimately result in a stateless society.
• Mahatma Gandhi: According to Gandhiji, even minimal state will require to use This was against non-violence philosophy. Instead, Gandhiji was in favour of strengthening of local self-governments.

Ans: d

Sub-Theme: Basic Understanding of Permanent Executive

Bureaucracy Bureaucracy is the executive arm of the government, where the elected government employs competent state officials to run after state matters. They are selected by the government through the merit-based process. The major objective of bureaucracy in India has not been Parliamentary democracy’s expansion but rather the implementation of the decisions taken by the executive.

Parliamentary democracy results often in change at the helm of executive, the static and permanent bureaucracy provides continuity of policies and execution rather than political stability.

Ans: d

Sub-Theme: Basic Structure of Indian Constitution Statement 1 is incorrect: Basic Structure encompasses basic  and  core  values  like

federalism, secularism, fundamental rights and democracy which forms bedrock of the Indian Constitution.

• Basic Structure cannot be amended by parliament under Art 368.
• Basic Structure Doctrine is a Judicially innovative doctrine, and it was neither defined under Constitution nor it was defined by the Supreme Court or any other court.
• Various judgments of the Supreme Court form the bedrock of Basic Structure Doctrine like: Kesavananda Bharati Case (24 April 1973) and IR Coelho vs State of Tamil Nadu, 2007.

Statement 2 is incorrect: Article 13 of the Indian Constitution though gives the power of judicial review but the word ‘judicial review‘ is nowhere mentioned. The Union or the States shall not make any law that takes away or abridges any of the fundamental rights, and any law made in contravention of the aforementioned mandate shall, to the extent of the contravention, be void.

Ans: d

Sub-Theme: Preamble as Part of the Constitution

The question as to whether the Preamble is a part of the Constitution leads to three landmark SC judgement and those are –

In the Berubari Union Case (1960):

• The Preamble explains the overall rationale behind several provisions of the
• If terms used in articles are ambiguous, some assistance of the preamble could be taken for interpretation.
• SC ruled that Preamble is not a part of the

Kesavananda Bharati Case (1973):

• The Preamble is a part of the LIC of India Case (1995):

• SC again held that the preamble is an integral part of the Constitution, and it can also be amended subject to the condition that no amendment is done to the ‘basic

Ans: d

Sub-Theme: Right to Equality

Articles 14 to 18 deals with ‘Right to Equality’–

• Equality before Law (Article 14)
• Prohibition of  discrimination  based on grounds of religion, race, caste etc. (Article 15)
• Equality of opportunity in matters of public employment (Article 16)
• Abolition of Untouchability (Article 17)
• Abolition of titles (Article 18)

Hence, Protection against untouchability as a form of discrimination is a Fundamental Right under Right to Equality.

Additional Information:

• Article 23 & 24 deals with the ‘Right Against Exploitation’ –
  • Prohibition of traffic in human beings and forced labour (Article 23)
  • Prohibition of employment of children in factories etc. (Article 24)
• Article 19 – 21 deals with ‘Right to Freedom’ –
• Article 19: Protection of six rights regarding freedom of:
  • Speech and Expression
  • Assembly
  • Association
  • Movement
  • residence &
  • Profession
• Protection in respect of conviction for offences (Article 20)
• Protection of life and personal liberty (Article 21)
• Article 32 deals with the ‘Right to Constitutional Remedies’.

Ans: d

Sub-Theme: Universal Declaration of Human Rights

• Statement 1 is correct: The objectives of Preamble such as Justice (social, economic, and political), Equality and Liberty also reflect the principles of UDHR. The Article 3 of Universal Declaration of Human Rights (UDHR) (1948) says that “Everyone has the right to life, liberty and security of person.”
• Statement 2 is correct: DPSPs are the principles that aim at providing social and economic justice and set the path towards the welfare state. These DPSP act as an obligation on state and are in consonance with human rights, which has a resemblance with UDHR Article 22. The article 22 of UDHR 1948 says that “Everyone, as a member of society, has the right to social security.”
• Statement 3 is correct: Fundamental duties (Article 51A) are basically civic and moral obligations of all citizens of India. As of now, there are 11 fundamental duties in India, which are to provide opportunities for education to the child between the age of 6 and 14 years by the parents or guardian.

Additional Information:

UDHR Article 26:

• • Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages.

UDHR Article 27:

• • Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.
  • Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.

Ans: a

Sub-Theme: Features of the Directive Principles

• The Directive Principles of State Policy (DPSP) are mentioned under Articles 36 to 51 of the Indian Constitution.
• The DPSPs have been borrowed from the Constitution of Ireland. It constitutes a comprehensive socio economic and political programme for a modern democratic State. DPSP embodies the concept of a ‘welfare state’ and not that of a ‘police state’.
• Welfare state refers to a concept of government in which the state plays a key role in the economic and social well-being of its citizens.
• Article 38 (1): The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life.

Ans: d

Sub-Theme: Features of the Directive Principles The Provisions contained in the Part IV of the Indian Constitution deals with the Directive

Principles of State Policy (DPSP). Under Part IV, Articles 36 to 51 relates to DPSP.

• Statement 1 is incorrect: The Constitution lays down certain Directive Principles of State Policy, which is non-justiciable in nature. DPSPs were made non-justiciable on the recommendations of the Tej Bahadur Committee Report.
• Statement 2 is correct: The DPSPs are not legally enforceable by the courts for their violation.
• Statement 3 is correct: The ‘Directive Principles of State Policy’ denotes the ideals that the State should keep in mind while formulating policies and enacting laws. These are the constitutional instructions or recommendations to the State in legislative, executive and administrative matters.

Ans: b 

Sub-Theme: Liberal-Intellectual Principles

• • Part IV of the Constitution of India, spanning article 36 to 51, deals with the Directive Principles of State Policy.
  • In the chapter on the Directive Principles of State Policy, Article 50 mentions separation of judiciary from the
  • This article comes under the Liberal- Intellectual Principles, which represent the ideology of liberalism.
  • The doctrine of Separation of powers entails the division of the legislative, executive, and judicial functions of government among different organs.
  • This distinction prevents any branch of the government from concentrating too much authority. As a result, it supports preserving the liberties and rights of the populace in

Ans: a

Sub-Theme: Application part of DPSPs Statement 1 is correct: Free legal services are available to the groups of society that are

listed under Section 12 of the Legal Services Authorities Act, they are:

• Women and children
• Members of SC/ST
• Industrial workmen
• Victims of mass disaster, violence, flood, drought, earthquake industrial disaster
• Disabled persons
• Persons in custody
• Persons whose annual income does not exceed ₹1 lakh or may be prescribed by the State Government
• Beggars or those who have fallen victim to human trafficking.
• Statement 2 is correct: Limit for Transgender Rs. 2,00,000.
• Statement 3 is incorrect: Though there is a provision for free aid to members of SC and ST community, the Legal Services Authority does not mention Other Backward Classes (OBC) while providing free legal services.
• Statement 4 is incorrect: The provision of free legal services to Senior Citizens is dependent on the rules framed by the respective state governments who can prescribe income limits. As a result, not all elderly people qualify for free legal assistance.

Ans: b

Sub-Theme: System of Government

A parliamentary system of government is one in which the executive is accountable to the electorate through a legislature which in turn is periodically elected by the electorate. This responsibility means that the executive stays in power as long as it enjoys the confidence of the house. India has a parliamentary system of government. The Prime Minister and his Council of Ministers (CoM) are responsible to the Lok Sabha. This is called Collective Responsibility. Additional Information:

• Parliamentary system functions irrespective of whether all parties have representation in the government.
• The government in the Parliamentary system is not directly elected by the people but indirectly through their representative in Parliament. Therefore, the instrument to remove the government through public vote is not available in the parliamentary
• It goes against the fundamental principle of parliamentary democracy which requires an executive responsible to the legislature.

Ans: d

Sub-Theme: System of Government

The Constitutional Government is defined by the existence of a Constitution The idea behind constitutionalism is to place restrictions on the authority of state so that it does not become autocratic and also to protect the interest of individual liberty. In India the powers of the government are limited by means of the Fundamental Rights enshrined in the Part III of the Indian Constitution, which are essentially given to us against the state actions.

Option (a), (b) and (c) are incorrect: A constitutional government may not have a legislature, could be a bi-party government and need not be a popular government and can instead be a monarchy.

Ans: d

Sub-Theme: People’s Representative

Statement 1 is incorrect:  The Indian Constitution lays down the following four qualifications for a person to be chosen as a member of the state legislature, such as –

• He must be a citizen of
• He must take an oath or affirmation before the person the Election Commission has designated for this purpose. In his oath or affirmation, he swears.
• To bear true faith and allegiance to the Constitution of India
• To uphold the sovereignty and integrity of India
• He must be not less than 30 years of age in the case of the legislative council and not less than 25 years of age in the case of the legislative assembly.
• He must possess other qualifications prescribed by Parliament.

Statement 2 is incorrect: As per Section 8 of RPA, 1951, a person convicted of any offence and sentenced to imprisonment for not less than two years shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since his release not permanently disqualified.

Ans: (c)

Sub-Theme: Sessions of Parliament

• Statement 1 is correct: As per Article 85(1), the Constitution gives the power to the President to summon each House of Parliament to meet. The gap between two sessions must not exceed 6 months.
• Statement 2 is incorrect: By convention, Parliament meets for three sessions in a year not by Constitution.
• Statement 3 is correct: There is no provision of the minimum number of days that the Parliament is required to meet in a year.

Ans: b

Sub-Theme: Rajya Sabha

The Rajya Sabha enjoys equal powers with Lok Sabha in matters like –

• The impeachment of the President,
• Removal of the vice-president,
• Constitutional amendments, and
• Removal of the judges of the Supreme Court and the High Courts.

Additional Information:

• Rajya Sabha enjoys exclusive powers in the matter of creating new All India Services.
• In the matter of removal of government, Rajya Sabha has unequal status with respect to Lok Sabha. The Council of Ministers is responsible only to Lok Sabha and not to the Rajya Sabha. Thus, a no-confidence motion cannot be introduced in the Rajya Sabha.
• Rajya Sabha has less or no powers in the matters of finance like making cut motions, passing money bill, etc. vis-a-vis Lok Sabha.

Ans: d

Sub-Theme: Annual Financial Statement

Fiscal   Responsibility   and   Budget

• Management (FRBM) Act, 2003: The Macro- Economic Framework Statement, presented to Parliament as per the Fiscal Responsibility and Budget Management Act, 2003. The Framework Statement includes assessments of the GDP growth rate, Central Government fiscal balance, and the economy’s external sector balance.

Ans: d        

Sub-Theme: MPLADS

• Statement 1 is correct: The objective of the scheme is to enable MPs to recommend works of developmental nature with emphasis on the creation of durable community assets based on the locally felt needs to be taken up in their Constituencies.
• Statement 2 is correct: M.Ps are to recommend every year, works costing at least 15% of the MPLADS entitlement for the year for areas inhabited by Scheduled Caste population and 7.5% for areas inhabited by S.T. population.
• Statement 3 is incorrect: The released funds under the MPLAD scheme are non-lapsable i.e., if the money is not utilised, it gets carried to the next year.
• Statement 4 is correct: The district authority should visit and inspect at least 10% of the works every year. It is also expected to involve the MPs in such activities.

Ans: d

Option (d) is correct: The term social capital was popularised by Robert As per OECD, it can be defined as “networks together with shared norms, values and understandings that facilitate co-operation within or among groups”. It consists of trust, mutual understanding, shared values and behaviour that bind together the members of a community and make cooperative action possible. Such interaction enables people to build communities, to commit themselves to each other, and to knit the social fabric.

Option (a) is incorrect: The proportion of literates in the population and the size of population in the working age group are the examples of human capital.

Option (b) is incorrect: The stock of its buildings, other infrastructure and machines is the example of physical capital.

Ans: b

Sub-Theme: Articles and Schedules of Indian Constitution

Fifth Schedule:

• Deals with the provisions as to the Administration and Control of Scheduled Areas and Scheduled Article 244 (1) of the Constitution defines Scheduled Areas as the areas defined so by the President of India and are mentioned in the 5th schedule of the Constitution.
• In the Samatha v. State of Andhra Pradesh & Ors (1997) judgment the Supreme Court held that the transfer of tribal land to private parties for mining was null and void under the Fifth Schedule.
• Under the fifth Schedule, the Governors can make regulations for peace & good government of Scheduled Areas after consulting the Tribal Advisory Council (TAC).
• Such regulations may prohibit or restrict the transfer of land by or among members of the scheduled tribes, regulate the allotment of land to members of the scheduled tribes and regulate the business of moneylending in relation to the scheduled tribes.

Additional Information:

Third Schedule: The third schedule of Indian Constitution is related with the Forms of Oaths or Affirmations for – The Union and the State ministers, The candidates for election to the Parliament and State Legislature, Members of the Parliament and State Legislature, The judges of the SC and HC, CAG.

Ninth Schedule: Provisions as to validation of certain Acts and Regulations of the state legislatures dealing with land reforms and abolition of the zamindari system and of the Parliament dealing with other matters. Twelfth Schedule: This schedule was added by the 74th Amendment Act of 1992 and it specifies the powers, authority and responsibilities of Municipalities.

Ans: a

Sub-Theme: Articles and Schedules of Indian Constitution

Ninth Schedule:

• The Ninth Schedule of the Indian Constitution was added by  the  1st  Amendment(1951) to protect the laws included in it from judicial scrutiny on the ground of violation of fundamental rights. At this time, Jawaharlal Nehru was the Prime Minister of India. He remained in the office from the year 1947 to 1964.

• This schedule deals with the provisions as to validation of certain Acts and Regulations of the state legislatures dealing with land reforms and abolition of the zamindari system and of the Parliament dealing with other matters.

Additional Information:

Prime Ministership of the following leaders are as follows:

• Lal Bahadur Shastri: 1964 – 1966
• Indira Gandhi: 1966 – 1971 and 1980 – 1984
• Morarji Desai: 1977 – 1979

Ans: d

Sub-Theme: Key Words in the Preamble

“Opportunity to develop oneself fully” covers liberty fully, therefore, one may surmise that the purpose of ensuring ‘liberty’ is that one has no obstacles or hindrances to realise one’s full potential.

Additional Information:

• “Protection against the tyranny of political rulers” is a partial definition and has a connotation more towards fundamental rights rather than liberty.
• “Absence of restraint” only covers part of the definition of liberty.
• Liberty does not mean ‘licence’ to do whatever one likes; it is to be enjoyed within the limitations mentioned in the Constitution itself.

Ans: b

Sub-Theme: Right to Privacy

Article 21 of the Indian Constitution deals with the protection of Life and Personal Liberty. This very article safeguards one’s right to marry the person of one’s choice. In the famous Hadiya Case (2017), the Supreme Court held that, “The right to marry a person of one’s choice is integral to Article 21 (right to life and liberty) of the Constitution”.

Additional Information:

• Article 19: This article is related to the protection of six rights regarding freedom of:
  • Speech and expression
  • Assembly
  • Association
  • Movement
  • Residence
  • Profession
• Article 25: This article deals with the freedom of conscience and free profession, practice and propagation of religion.
• Article 29: This article is related to the protection of language, script and culture of minorities.

Ans: b

Sub-Theme: Important and Major Constitutional Amendments

Statement 1 is incorrect: The 44th amendment  of  the  Indian  Constitution was significant as it removed partially the distortions that were introduced into the Constitution by 42nd Amendment, but it had no proposal of an article placing the election of the Prime Minister beyond judicial review. The 39th Amendment of the Constitution of India, enacted on 10 August 1975, placed the election of the President, the Vice President, the Prime Minister and the Speaker of the Lok Sabha beyond the scrutiny of the Indian courts. It was passed during the Emergency of 1975–1977.

Statement 2 is correct: The 99th Constitutional Amendment Act would have established the National Judicial Appointments Commission (NJAC). But, in 2015, a five judge Constitution Bench of SC by 4:1 majority upheld the collegium system and struck down the NJAC as unconstitutional.

In this regard, Justice Khehar stated that the proposed NJAC violated the judiciary’s independence because the expectation from the judiciary is to protect the rights of the citizens of this country, and that this expectation can only be ensured by maintaining absolute isolation and independence from the other organs of government.

Ans: d

Sub-Theme: Final Interpreter and Guardian of the Constitution

Statement 1 is incorrect: Though the 42nd Amendment Act of 1976 curtailed the power of HC in judicial review and debarred the HC from considering the constitutional validity of any central law.

However, the 43rd Amendment Act of 1978 restored the original position of the HC and moreover now the HC is considered as the principal civil courts of original jurisdiction in each state and union territory, thus they shall have the jurisdiction to declare any central law to be constitutionally invalid.

Statement 2 is incorrect: The Constitution of India has conferred a very extensive jurisdiction and vast powers on the Supreme Court. As the SC is the final interpreter and guardian of the Constitution and also the guarantor of the fundamental rights of the citizens.

Moreover, in the Kesavananda Bharati case (1973), SC laid down a new doctrine of the ‘basic structure’ of the Constitution. Therefore, any constitutional amendment that is ultra vires or goes against the ‘basic structure’ of the Indian Constitution can be nullified by the SC.

Ans: a

Sub-Theme: Qualification and Disqualification of Parliament

Statement 1 is correct: There is no bar on how many offices can be exempted from the purview of the law. In the past the Supreme Court also held that the Parliament (Prevention of Disqualification) Amendment Act, 2006 exempting 55 offices occupied by members of Parliament from disqualification was constitutionally valid.

Statement 2 is correct: Parliament has also enacted the Parliament (Prevention of Disqualification) Act, 1959, which has been amended five times to expand the exempted list.

Statement 3 is incorrect: Though the expression ‘office of profit’ is mentioned in the Articles 102(1)(a) and 191(1)(a) of Constitution, however, it has neither been ‘defined’ in the Indian Constitution nor in the Representation of the People Act, 1951. According to Articles 102(1)(a) and 191(1)(a) of Constitution, legislators (MP or MLA) can be barred from holding office of profit under Central Government or state government as it can put them in position to gain financial benefit.

Ans: a   

Sub-Theme: Parliamentary Committees

• Parliamentary Committee: The purpose of the parliamentary committees is to study and address a wide range of issues that the legislature cannot directly address owing to their magnitude. They also keep an eye on how the executive branch is operating. There are two types of parliamentary committees: permanent or standing committees and ad hoc committees.
• Department Related Standing Committee: They are elected or appointed periodically, and they work on a continuous basis to secure more accountability of the Executive to the Parliament, particularly financial accountability. The latter are created on an ad hoc basis as the need arises and they are dissolved after they complete the task assigned to them.
• Ad hoc committees: These committees are created on an ad hoc basis as the need arises and they are dissolved after they complete the task assigned to them.
• Both the  Parliamentary  committees are responsible to review the independent regulators in sectors like telecommunications, insurance, electricity, etc.

Ans: c

Sub-Theme: Removal of Judges

• Statement 1 is incorrect: As per the Judges (Inquiry) Act, 1968, a removal motion signed by 100 members (Lok Sabha) or 50 members (Rajya Sabha) is to be given to the Speaker/ Chairman. The speaker has the discretion to accept or reject the motion.
• Statement is 2 incorrect: The Constitution of India does not define and gives details of the expression ‘incapacity and proved misbehaviour’ of the Judges of the Supreme Court of India which are the ground for the impeachment of the Judges.
• Statement 3 is correct: The details of the process of impeachment of the Judges of the Supreme Court of India is governed by the Judges Enquiry Act (1968).
• Statement 4 is correct: If the motion for the impeachment of a Judge is taken up for voting, the law requires that the motion be passed by a ‘special majority’ i.e. majority of the total membership of the House and majority of not less than two thirds members present and voting.

Ans: b

Sub-Theme: Jurisdiction and Powers of Supreme Court

Article 142 of the Indian Constitution deals with the Enforcement of decrees and orders of the Supreme Court and orders as to discovery, etc. The SC in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it. This is often termed as ‘judicial activism’. Also in the Union Carbide Case, 1989, the Supreme Court while overriding the laws made by the Parliament invoked Article 142 to provide relief awarding the compensation to victims affected in the Bhopal Gas Tragedy.

Additional Information:

• The ECI has the power to administer the election to Lok Sabha, Rajya Sabha, State Legislative Assemblies in India, and the offices of the President and Vice President in the country. The decision of the election commissions can be challenged by the petitions in the High Court and Supreme
• Article 360 empowers the president to proclaim a financial emergency if he is satisfied that a situation has arisen due to which the financial stability or credit of India or any part of its territory is threatened but the proclamation should be approved by the Parliament through a simple majority within two months.
• According to Article 196 the state legislature can make laws on State List as well as on Concurrent List.

Ans: a      

Sub-Theme: Legislative Powers of Governor

Statement 1 is correct: Article 176(1) states that, through the legislative powers of the Governor, he can address the state legislature at the commencement of the first session after each general election and the first session of each year.

Statement 2 is incorrect: The State legislature is a constitutional body and derives its power from the Constitution itself and as per Article

208 (1) of the Constitution, a house of the Legislature of a State may make rules for regulating subject to the provisions of this Constitution, its procedure and the conduct of its business. This implies that the state legislature does not follow Lok Sabha rules, no

such provision exists.

Ans: c        

Sub-Theme: Centre’s Control Over State Legislation

• 1st ARC Recommendation (1966): The first ARC recommended the appointment of persons having long experience in public life and administration and non-partisan attitude as governors.
• Rajamannar Committee (1969): The Rajamannar Committee recommended the provision that the state ministry holds office during the pleasure of the governor should be omitted.
• Sarkaria Commission (1983): The “Sarkaria Commission” recommended that the Governor should be a distinguished outsider without intense political links, that he should not have recently participated in politics, and that he should not be a member of the ruling party.
• National Commission to Review the Working of the Constitution (2000): The committee recommended that the president should appoint the governor of a state only after consultation with the chief minister of that state.

Ans: b

Sub-Theme: Key Words in the Preamble

• Where there is no Law, there is no For liberty is to be free from restraint and violence from others, which cannot be where there is no law.
• If there are no laws, there is no liberty. Liberty:

Liberty can be seen from two perspectives– negative and positive.

• Negative liberty: It is concerned with the inviolable area of non-interference and not with the conditions in society, i.e. absence of obstacles, barriers or constraints.
• Positive liberty: Recognizes that one can be free only in society and not outside it, therefore it is the possibility of acting or the fact of acting in such a way as to take control of one’s life and realise one’s fundamental Safeguards of Liberty:
• Declaration of rights of the individuals: It is an important safeguard of liberty. In this manner, the government can be prevented from interfering with citizens’ liberty.
• The independent and impartial judiciary is aptly referred to as the watchdog of liberty.
• Decentralisation of powers: History is witness to the fact that concentration of power has very often led to despotism.
• Separation of powers, i.e., the executive, the legislature and the judiciary being separate, is a great ally of liberty. Montesquieu said, “Power should be a check on power.”
• Rule of law or equality in the eyes of the law is also an important safeguard of This is the bulwark against discrimination based on caste, class, colour, creed, etc.

Law:

• It works as the aggregate of legislation, judicial precedents, and accepted legal principles; the body of authoritative grounds of judicial and administrative action; esp., the body of rules, standards, and principles that the courts of a particular jurisdiction apply in deciding controversies brought before them.

Ans: b

Sub-Theme: State Emergency/ President’s Rule

• The proclamation of the President’s Rule is also known as ‘State Emergency’ or ‘Constitutional Emergency’.
• When the President’s Rule is imposed in a state, the President dismisses the state council of ministers headed by the chief minister and parliament passes the state bills and budgets.
• Ground for declaration of President’s Rule in a State:
  • Article 356: The president has the authority to declare if he is satisfied that the state government cannot function in accordance with the Constitution’s provisions. (The President can act on the report of the governor or otherwise).
  • Article 365: If a state fails to give effect or comply with any direction from the Centre, then it is lawful for the president to impose president’s rule.

Additional Information:

• Dissolution of the State Legislative Assembly is not necessarily the consequence of
• When the President’s Rule is imposed in a state, the President dismisses the state council of ministers headed by the chief minister and parliament passes the state bills and budgets.
• In case of President’s Rule or State Emergency there is no effect on Fundamental Rights like Article 19.
• According to the 44th Constitutional Amendment only when National Emergency is declared on the grounds of “war or external aggression” & not the ground of “armed rebellion” the Fundamental Rights like Article 19 gets suspended with effect of Article 358.
• The Parliament passes the state legislative bills and the state budget during President’s

Ans: a

Sub-Theme: Election of President

• Statement 1 is correct: The President of India is elected indirectly by the Electoral College and it is conducted in accordance with the system of proportional representation by means of single transferable vote. The President of India is elected by an electoral college consisting of:
  • Elected members of the two Houses of Parliament and Legislative Assemblies of the States
  • States includes national capital territory of Delhi and the Union territory of
  • Do not participate: Nominated members of both the houses of the parliament & of state legislative assemblies and all the members of legislative councils of states.
  • Value of Vote: The value of votes of MLAs would differ from State to State as it is based on population criterion and population of each state has a different value.
• Statement 2 is incorrect: The value of vote of each MP is the same whether it is Lok Sabha or Rajya Sabha. There shall be uniformity in the scale of representation of the different states at the election of the President as follows:
  • Value of vote of an MLA of a state: (Population of state/Total number of elected members of state legislative assembly) * 100
  • Value of vote of an MP: (Total value of votes of MLA’s of all states/Total number of elected members parliament) * 100

Ans: b

Sub-Theme: Leader of Opposition

• Statement 1 is incorrect: The Communist Party of India (CPI) was the single largest opposition party in the First general Election. CPI won in 16 seats. The Indian National Congress (INC) won a landslide victory, winning 364 of the 489 seats and 45% of the total votes polled. Jawaharlal Nehru became the first democratically elected PM of the country.
• Statement 2 is correct: In 1969, an official leader of the opposition was recognized for the first time. However, it was given statutory recognition in 1977.
• Statement 3 is incorrect: In order to receive the status of opposition party and Consequent Leader of Opposition Tag a party should secure 10% of the total strength of the House i.e., 55 seats in the Lok Sabha.”]

Ans: b

Sub-Theme: Parliamentary Committees

Committee on Subordinate Legislation:

• Composition: 15 members from the Lok Sabha are nominated by the Speaker. A Minister is not nominated to this
• Functions: Scrutinizes and reports to the House whether the powers to make regulations, rules, sub-rules, by-laws etc. conferred by the Constitution or delegated by Parliament are being properly exercised by the executive within the scope of such

Ans: c

Sub-Theme: Money Bill

Money Bill (Article 110):

• Matter concerned with financial matters like the imposition, abolition, remission, alteration or regulation of any tax.
• Can be introduced Only in Lok
• Introduced only on the recommendation of the President.
• Cannot be amended or rejected by the Rajya Sabha should return the bill with or without recommendation Lok Sabha may accept or reject recommendation.
• Rajya Sabha can keep it for a maximum period of 14 days.
• Requires the certification of the
• Rajya Sabha has limited power with respect to money bills so no chance of any
• The President can reject or approve but cannot return it to parliament for

Ans: a       

Sub-Theme: Speaker & Deputy Speaker of Assembly

• Statement 1 is correct: The Speaker of the Legislative Assembly vacates his office in three cases: 1. If he ceases to be a member of the assembly; 2. Speaker Resigns by writing to the deputy speaker and vice versa and 3. Removed by the resolution passed by a majority of all the members of the assembly.
• Statement 2 is incorrect: Article 179 provided that, whenever the Assembly is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the Assembly after the dissolution.

Ans: a

Sub-Theme: Judicial Review

• Statement 1 is correct: The Ninth Schedule and Article 31-B of the Indian Constitution was added by the 1st Amendment (1951) to protect the laws included in it from judicial scrutiny on the ground of violation of fundamental rights.
  • A law receives protection under Article 31-B (validation of certain Acts and Regulations) once it is passed and inserted into the Ninth Schedule and is thus exempt from judicial review.
• Statement 2 is incorrect: The mandate of ninth schedule is to prevent judicial scrutiny but according to the Kesavananda Bharati Case, 1973, any violation with the ‘basic structure’ of the Constitution is open to challenge. Laws after 24 April 1973 are open for judicial review by courts.
  • IR Coelho vs State of Tamil Nadu, 2007: the SC ruled that all laws (including those in the Ninth Schedule) would be open to Judicial Review if they violated the basic structure of the constitution.

Ans: c

Sub-Theme: Rule of Law

• Statement 1 and 2 are correct: Rule of law: The concept of ‘equality before law’ as enshrined in Article 14 of Indian Constitution is taken from the concept of ‘Rule of Law’ propounded by A.V. Dicey.
• Rule of law is a legal principle that states that a country should be ruled by the law rather than by the arbitrary actions of particular government officials.
• The ‘Rule of Law’ has 3 fundamental principles:
  • Absence of arbitrary power
  • Equality before law
  • Primacy of individual rights
• Statement 3 is incorrect: The government is responsible/accountable to the people and not the vice versa.

Ans: c

Sub-Theme: Right to Privacy

Article 21 of the Indian Constitution deals with the protection of life and personal liberty. In the KS Puttaswamy Case (2017), the Supreme Court held that privacy is a natural right that inheres in all natural persons, and that the right may be restricted only by state action that passes each of the three tests:

• Such state action must have a legislative
• It must be pursuing a legitimate state purpose; and
• It must be proportionate.

Additional Information:

• Article 14 (Right to Equality): the state shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.
• Right to Equality = Equality before Law + Equal Protection of laws.
• The concept of ‘equality before law’ as enshrined in Article 14 of Indian Constitution is taken from the concept of ‘Rule of Law’ propounded by V. Dicey.
• Article 17 (Abolition of Untouchability): This Article forbids untouchability (not defined in Constitution or in the act) in any

Ans: c

Sub-Theme: Universal Adult Franchise

Constitutional Right:

• While framing the Indian Constitution the framers and makers of our Constitution took the decision to guarantee every adult Indian citizen to franchise their vote e., the Right to Vote.
• In India, the Right to Vote is provided both by the Indian Constitution and the Representation of People’s Act, 1951.
• Article 326: ensures that every individual above the age of 18 has the right to vote.
• Section 62 of the Representation of Peoples Act (RoPA), 1951: the right to vote will be available to every person on the electoral roll of that constituency.
• 61st Constitutional Amendment: lowered the voting age of elections to the Lok Sabha and to the Legislative Assemblies of States from 21 years to 18 years.

Ans: c

Sub-Theme: Forms of Government

Parliamentary System:

• The Parliamentary System is also referred to as Cabinet Government. It establishes a system of collective responsibility between the executive and the legislative.
• Parliamentary system is part of the basic structure of the
• The characteristics of India’s parliamentary system are:
  • Presence of nominal and real executives i.e., President and Prime minister respectively,
  • Majority party rule,
  • Collective responsibility (Swim or Sink together) of the executive to the legislature,
  • Membership of the ministers in the legislature,
  • Leadership of the prime minister or the chief minister,
  • Dissolution of the lower House (Lok Sabha or State Assembly).
• It is through these powers that the Parliament enforces the responsibility of the executive to itself and to the people in the ultimate analysis.

Ans: d

Sub-Theme: Forms of Government

• Option (a), (b) and (c) are correct: The Indian Constitution adopts the federal system of Government, but with more tilt towards a unitary system of government. So, every state government does not have power of its own. Thus, it is considered as a quasi-federal system.
• The features of a federation are:
  • Two Government,
  • Division of powers,
  • Written Constitution,
  • Supremacy of Constitution,
  • Rigidity of Constitution,
  • Independent judiciary,
  • Bicameralism
• Option (d) is incorrect: The phrase ‘Union of States’ has been preferred to ‘Federation of States’ for two reasons: One, unlike the American Federation (“Indestructible union of indestructible states”), the Indian Federation (“Indestructible union of destructible states”) is not the outcome of an agreement among the states; and two, the states are not permitted to secede the
• Due to its invincibility, the federation is a Union. The country is a union that cannot be broken, although states can be split up and reorganised by changing their borders. State names and borders may be changed by the central government without their consent. B. R. Ambedkar described India as an “indestructible Union of destructible states” for this reason.

Ans: c

Sub-Theme: Forms of Government

Parliamentary System:

• The Parliamentary system is also known as the Cabinet Government/Responsible government/Westminster model of government. It provides for collective responsibility of the executive to the
• The features of parliamentary government in India are:
  • Presence of nominal and real executives.
  • Majority party rule,
  • Collective responsibility of the executive to the legislature,
  • Membership of the ministers in the legislature,
  • Leadership of the prime minister or the chief minister,
  • Dissolution of the lower House (Lok Sabha or Assembly).

Ans: b

Sub-Theme: Key Words in the Preamble

Liberty as mentioned in the Preamble:

• This ideal of ‘liberty’ in the Preamble to the Indian Constitution was borrowed from the French revolution.
• It means the absence of restraints on the activities of individuals and at the same time, it provides opportunities for the development of individuals.
• The preamble to the Indian Constitution assures to all citizens-
  • liberty of thought,
  • liberty of expression, liberty of belief, liberty of faith and worship Justice as mentioned in the Preamble:
• The ideal of justice in the Indian Constitution embraces three distinct forms- social, economical and political:
  • Social Justice: the equal treatment of all citizens without any social discrimination.
  • Economic Justice: It calls for the non- discrimination between people on the basis of economic factors.
  • Political justice: It calls for equal access to political office, equal political rights, and equal voice in the government for all citizens.

Ans: a

Sub-Theme: Significance of the Preamble

Option (a) is correct: The Preamble:

• Though India followed the practice of the American Constitution, the preamble to the Indian Constitution embodies the basic philosophy and the fundamental values on which our constitution is based.
• It is not only the outcome of the grand and noble vision of the Constituent Assembly, but also the reflection of the dreams and aspirations of the founding fathers of the
• In the Berubari Union case (1960), the Supreme Court opined that the Preamble is “a key to the minds of the makers of the ”

Option (b) is incorrect: Fundamental Rights:

• The framers and makers of the Constitution derived inspiration of ‘fundamental rights’ from the Constitution of the USA (Bill of Rights) and also from the Motilal Nehru committee Report 1928. It was meant for promoting the ideal of political democracy.

Option (c) is incorrect: Directive Principles of State Policy (DPSP):

• It resembles the ‘Instrument of Instructions’ enumerated in GoI Act 1935. They are intended to fill in the vacuum in Part III by providing for social and economic

Option (d) is incorrect: Fundamental Duties:

• Inspired from the erstwhile USSR, the Fundamental Duties were added to the Constitution by 42nd Constitutional Amendment Act, 1976.

Ans: c

Sub-Theme: Right against Exploitation

Statement 1 is correct: As under article 23 (Right Against Exploitation) of the constitution, the expression ‘traffic in human beings’ includes: Selling and buying of men, women and children like goods, Immoral traffic in women and children, including prostitution, Devadasis, Slavery.

Statement 2 is incorrect: Abolition of Untouchability is provided in the constitution of India, but it comes under Right to Equality, under article 17.

Statement 3 is incorrect: The Cultural and Educational Rights (under articles 29 and 30) cover protection of interests of minorities; they don’t come under Rights Against Exploitation.

Statement 4 is correct: Article 24 (Right Against Exploitation) ensures prohibition of employment of children in factories etc. The Commissions for Protection of Child Rights Act, 2005 was enacted to provide for the establishment of a National Commission and State Commissions for Protection of Child Rights and Children’s Courts for providing speedy trial of offences against children or of violation of child rights.

Ans: a

Sub-Theme: Correlation between Rights and Duties

• In the context of India, Rights are correlative with duties, considering the Indian political set up.
• In a constitutional democracy (such as India), the State provides rights and lays down duties for the citizenry, so that society can peacefully However, sometimes the State imposes such duties on its citizens that infringes the rights of the marginalised sections of society.
• Rights and duties have an organic relationship. If others do not carry out their duties, one cannot enjoy a right.
• For Example: One’s right to life implies that others should give protection and security to the former’s Similarly, One cannot enjoy their Right to a clean environment if others do not perform their duty of protecting and conserving the environment.

Ans: a

Sub-Theme: Right to Equality

Equality in the society can be maintained by ending the formal system of inequality and ensuring absence of privileges. The lack of any special privileges for any individual is a concept related to Equality Before Law (which is an American Concept and denotes positive notion). This concept entails equal subjection of all persons to the ordinary law of the land administered by ordinary law courts, and no one is above the law, regardless of their status (rich or poor, high or low, official or not).

Additional Information:

• Absence of Restraint does not necessarily imply equality in society as restraining the actions of the society curtails the liberty of the individual.
• Absence of Competition in society may result in monopoly, which would not imply equality, rather inequality in the society.
• Absence of ideology does not imply equality in society. Ideology is a set of principles or beliefs of a group/institution in the society.

Ans: c

Sub-Theme: Rights of Citizen

Option (a) is incorrect: Rights are claimed by the citizens against the state and not the vice versa.

Option (b) is incorrect: Rights are not privileges either, they are one of the quintessential requirements for the formation of a democratic state. Thus, the constitution has no concept of special privileges which will create inequality in the society.

Option (c) is correct: The philosophy of rights is grounded in preventing the exploitation of the citizen by the state. It inherently belongs to the citizens. So, essentially it is the claim of an individual against the state.

Option (d) is incorrect: As per Article 18, except for military and academic distinctions, no other citizens have titular privileges. Hence, Rights are not the privileges of a few citizens as they are equally available to all.

Ans: b

Sub-Theme: Amendments to Constitution

• 42nd Amendment Act of 1976 added four new Directive Principles to the original list, and they are –
  • Article 39: To secure opportunities for healthy development of children
  • Article 39 A: To promote equal justice and to provide free legal aid to the poor.
  • Article 43 A: To take steps to secure the participation of workers in the management of industries.
  • Article 48 A: To protect and improve the environment and to safeguard forests and wildlife.

Ans: d

Sub-Theme: Features of the Directive Principles

• DPSP: The directive principles are in the nature of instruments of instruction to the government of the day to achieve certain ends by their actions. Directive Principles of State Policy does not impose any limitations on any organ of the State. It is a guideline that the government of the day can use for the welfare of the socially and economically backward classes while framing any rules.
• Fundamental Rights: It is the fundamental rights that constitute limitations upon state action (whether legislative or executive).

Ans: d

Sub-Theme: Basics of Fundamental Duties

Statement 1 is incorrect: Fundamental Duties are enumerated in Part IV-A and consists of single Article 51A with 11 sub-articles. These duties should guide the legislative and executive actions of elected or non-elected institutions and organisations of the citizens including the municipal bodies. But no legislative process has been provided to enforce these duties. These duties are thus non-enforceable and non- justiciable in nature.

Statement 2 is incorrect: The fundamental Duties are not correlative of the legal duties. Parliament may provide legislation for the imposition of penalty or punishment for non- observance or infringement of duties.

NOTE: Fundamental Duties are confined to citizens only & not to foreigners.

Ans: b

Sub-Theme: State Emergency/President’s Rule

Statement 1 is correct: The proclamation of the President’s Rule is also known as ‘State Emergency’ or ‘Constitutional Emergency’. As per article 356 of the Constitution of India, the president has the authority to declare if he is satisfied that the state government cannot function in accordance with the Constitution’s provisions. (The President can act on the report of the governor or otherwise). But the ground for Dissolution of the State Legislative Assembly is not necessarily the consequence of proclamation.

Statement 2 is incorrect: When the President’s Rule is imposed in a state, the President dismisses the state council of ministers headed by the chief minister.

Statement 3 is correct: There is no mention of Dissolution of the local bodies during the proclamation of President’s Rule.

Ans: a

Sub-Theme: Basic Idea of Democracy (Conceptual)

The basic idea of democracy is the desire, approval and participation of people. A democratic government is created, and its operations are decided by the will of the people. It is the decision of people that creates a democratic government and decides about its functioning. Therefore, democracy requires voters’ decision making – hence, intelligence and character are called in.

Ans: c

Sub-Theme: Qualification of Lok Sabha

There are some qualification criteria mentioned in the Indian Constitution for filing the nomination for Lok Sabha election and those are –

1. The candidate must be a citizen of
2. The age of the candidate should not less than 25 years of age
3. The candidate must be registered as an elector for a parliamentary constituency.

Ans: d

Sub-Theme: People’s Representative/Speaker and Deputy Speaker

Statement 1 is incorrect: The Indian constitution adopts the first-past-the-post (FPTP) system of elections where the majority of votes is sufficient to get elected, even if it is less than 50% of the total votes polled.

Statement 2 is incorrect: Speaker and Deputy speaker are elected by the house. This is a convention (not constitutional provision) that usually the Speaker’s post goes to the majority party and the Deputy Speaker’s to the Opposition.

Ans: d

Sub-Theme: Devices of Parliamentary Proceedings

Devices Of Parliamentary Proceeding

• Adjournment Motion: It is introduced to draw attention of the House to a definite matter of urgent public importance which is definite, factual, urgent, matter of recent
• Question Hour: In the First Hour of parliamentary sitting usually members ask questions and ministers give answers but sometimes questions can be asked to private members too.
• Three types of Question are asked namely–
  • Starred Question: Require oral answer and Supplementary question can be
  • Unstarred Question: Require written answer and Supplementary question cannot be asked.
  • Short Notice Question: Answered orally and asked on short notice of less than 10 days.

Thus, Adjournment Motion, Question Hour and Supplementary Question, all constitutes devices of the Parliament of India through which it exercises control over the functions of the Council of Ministers.

Ans: d

Sub-Theme: Legislative Procedure of Parliament

Statement 1 is incorrect: A Private Member bill can be introduced by any member of the Parliament other than a minister. Whereas, a bill introduced by a Minister in the Parliament is called a public bill. A Private member bill generally reflects the stand of the opposition party on public matters. There is less likelihood that the Parliament will adopt it. Its rejection by the House has no implication on the parliamentary confidence in the government or its resignation.

Statement 2 is incorrect: As of now around 14 private member’s bills have been passed since independence in Indian Parliament.

Ans: a

Sub-Theme: Judicial Review

Judicial Review:

• In general terms, judicial review refers to the power and ability of High Courts and Supreme Court to review laws or judgments to ensure that they do not violate constitutional or legal provisions.
  • Article 13: states that, Courts can review government orders, legislations, byelaw, rule, regulation, notification or any law in force in Indian Territory.
  • Article 32/Article 226: allows a person to move to SC/HC in case of violation of fundamental rights. Thus, SC & HC can issue writs as constitutional remedies against the wrongdoer.
  • Article 137: empowers SC to review judgments or orders made by the Supreme Court itself. The review will be done by a larger bench of SC.
  • Article 142: allows the Supreme Court to pass such a decree or make such order as is necessary for doing complete justice in any cause or matter pending before it.
• Primarily, Article 13, 32 and 226 forms the core of judicial review, of which Article 13 and 32 forms part of Fundamental Right.
• Further judicial review has also been considered as part of basic structure of the Indian Constitution and hence cannot be amended.
• Thus, the Courts are empowered to declare a statute ultra vires the constitution and to nullify an executive action as unconstitutional if they violate constitutional provisions or alter fundamental rights.
• These powers of judicial review are given not to make the judiciary superior, but to ensure a system of checks and balances between the legislature and the executive on one hand, and the judiciary on the

Ans: b      

Sub-Theme: Objective of Local Governance

Option (b) is correct: The main idea behind the Panchayati Raj Institutions (PRIs) or Local Self-Government is to promote grass root democracy and development. The main aim is to evolve a system of democratic decentralisation and people’s participation with a view to ensure rapid socio-economic progress and provide adequate justice.

NOTE: Phrase to emphasis here is “Best”. Democratic decentralisation is the best description of Local self-government. Balwant Rai Mehta committee (on Community Development Program) in 1957 recommended the establishment of a scheme of Democratic decentralisation with 3-tiered structure of PRI.

Ans: d

Sub-Theme: Election Commission of India

Statement 1 is Incorrect: Strength of ECI is not specified in the Constitution, it is at the discretion of the President. Currently, there are 3 Members.

Statement 2 is Incorrect: The most important function of the commission is to decide the election schedules for the conduct of periodic and timely elections, whether general or bye- elections.

Statement 3 is Correct: It grants recognition to political parties & allot election symbols to them along with settling disputes related to it.

Ans: d

Sub-Theme: Legislative Power of Parliament

Legislative Power

• In accordance with the Constitution the Parliament has the authority to enact legislation on all matters listed in the Union List and Concurrent List.
• If the Rajya Sabha passes a resolution to that effect with not less than two-thirds of the members present and voting, the Union Parliament may legislate on any item on the State List in the interest of the country.
• As per Article 250, it can also formulate laws over the State List when an Emergency is declared in the country, or President’s Rule is declared in any State.
• Article 253 says that it can also formulate laws on any matter pertaining to the State List if it is deemed necessary for the implementation of international treaties or agreements concluded with foreign
• Apart from these legislative powers the Parliament also enjoys the Executive Power, Financial Powers, Constituent Powers, Judicial Powers, Electoral Powers, and other

Ans: b

Sub-Theme: Legislative Procedure of Parliament

• Statement 1 is incorrect: No bill lapses on prorogation. Prorogation does not affect thebills or any other business pending before the House.
• Statement 2 is correct: A Bill pending in the Rajya Sabha, which has not been passed by the Lok Sabha, shall not lapse on dissolution of the Lok Sabha.
• Additional Information:
  • Bill lapses:
    • Bills pending in the Lok Sabha (whether originating in the Lok Sabha or transmitted to it by the Rajya Sabha)
    • Bills passed by the Lok Sabha but pending in the Rajya (Note – A bill originating in Lok Sabha lapses)
  • Bills does not lapse:
    • Bill not passed by the two Houses due to disagreement and if the president has notified the holding of a joint sitting before the dissolution of Lok Sabha.
    • Bill pending in the Rajya Sabha but not passed by the Lok Sabha.
    • Bill passed by both Houses but pending assent of the president.
    • Bill passed by both Houses but returned by the president for reconsideration of

Ans: d

Sub-Theme: State Executives

Statement 1 is incorrect: The Chief Secretary is ‘chosen’ by the Chief Minister. As the appointment of Chief Secretary is an executive action of the Chief Minister, it is taken in the name of the Governor of the State.

Statement 2 is incorrect: Though the Administrative Reforms Commission, in its report on State Administration in 1969, had recommended that a Chief Secretary should have a minimum tenure of three to four years, there is no fixed tenure for the post of Chief Secretary of a State.

Ans: b

Sub-Theme: Basics of Panchayati Raj System

Statement 1 is incorrect: Part IX of the Constitution deals with the Panchayati Raj System in India. The Panchayati Raj was constitutionalized in India through the 73rd Constitutional Amendment Act of 1992. As per the act, no person shall be disqualified on the ground that he is less than 25 years of age if he has attained the age of 21 years. Therefore, the minimum age is 21.

Statement 2 is correct: Panchayat reconstituted after premature dissolution does not enjoy the full period of five years but remains in office only for the remaining period.

Ans: b     

Sub-Theme: Judicial Power of Panchayat

Statement 1 is incorrect: The establishment, jurisdiction, and process in civil and criminal proceedings are all outlined in the Gram Nyayalayas Act. As per the Gram Nyayalaya Act, the Gram Nyayalayas can hear both the civil and criminal cases.

Statement 2 is correct: The Court shall try to settle disputes via conciliation between the parties and the court can make use of the conciliators (social workers) to be appointed for this purpose.

Ans: a

Sub-Theme: Articles and Schedules of Indian Constitution

The fifth and the sixth schedule of the Constitution of India deals with the provisions related to the protection of the interests of the Scheduled Tribes.

• Fifth Schedule: Deals with the provisions relating to the administration and control of scheduled areas and scheduled tribes in any state except 4 states of Assam, Meghalaya, Tripura & Mizoram (AMTM).
• Article 244 (1) of the Constitution defines Scheduled Areas as the areas defined so by the President of India and are mentioned in the 5th schedule of the Constitution.
• Sixth Schedule: It deals with the provisions as to the Administration of Tribal Areas in 4 NE states of Assam, Meghalaya, Tripura & Mizoram (Not Manipur).

Ans: c

Sub-Theme: Features of the Directive Principles

• Statement 1 is correct: The Directive Principles deals with a very comprehensive economic, social and political programme for a modern democratic State. They aim at realising the high ideals of justice, liberty, equality and fraternity as outlined in the Preamble to the Constitution.
  • Article 38: Deals with the promotion of the welfare of the people by securing and protecting a social order by ensuring social, economic and political justice and by minimising inequalities in income, status, facilities and opportunities.
  • R. Ambedkar opined that the Directives have great value because they lay down that the goal of Indian polity is ‘economic democracy’ as distinguished from ‘political democracy’.
• Statement 2 is correct: According to Article 37 Directive Principles are not enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country.

Ans: b

Sub-Theme: Features of the Directive Principles

• • The Directive Principles of State Policy (DPSP) are mentioned under Articles 36 to 51 of the Indian Constitution.
  • The DPSPs have been borrowed from the Constitution of Ireland. It constitutes a comprehensive socio economic and political programme for a modern democratic State. DPSP embodies the concept of a ‘welfare state’ and not that of a ‘police state’.
  • Article 38 (1): The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life.

Additional Information:

• Fundamental Rights: It is the basic human rights enshrined in Article 12 -35 of Part III of Indian They are enforceable by the courts, subject to certain conditions.
• Preamble: It is the ideals and philosophy of the The Preamble gives an idea about the following:
  •  Source of the constitution
  • Nature of Indian state
  • Statement of its objectives
  • Date of its adoption
• Seventh Schedule: The seventh schedule under Article 246 in Part XI of the Constitution deals with the division of powers between the union and the states. It contains three lists- Union List, State List and Concurrent List.

Ans: d

Sub-Theme: List of Fundamental Duties

• Article 51A of part IV-A of the Indian Constitution deals with the Fundamental Duties. These duties are the moral and civic obligations that all citizens of a nation
• In 1976, the Fundamental Duties were first recommended by the Swaran Singh Committee, its need was felt during the internal emergency (1975-77) and were added to the Constitution by 42nd Constitutional Amendment Act, 1976.
• One of the Fundamental Duties is to “To protect the sovereignty, unity and integrity of India” among the 11 Fundamental

Ans: d

Sub-Theme: Parliamentary System of Government

India has a parliamentary system of government. The Union Parliament is the supreme legislative body in the country and in a Parliamentary system, the executive is responsible for Parliament. In India, this system is applicable to both Union and State level. The Prime Minister and his Council of Ministers (CoM) are responsible to the Lok Sabha. This is called Collective Responsibility, which is considered as the bedrock of Parliamentary Government. Article 75 of the Constitution of India states that CoM is collectively responsible to the Lok Sabha. The Lok Sabha can remove CoM by passing no confidence motion.

Ans: d

Sub-Theme: Powers of President/Executives

Statement 1 is incorrect: As per the Article 53(1), the executive power of the Union shall be vested in the President and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution.

Statement 2 is incorrect: The Cabinet Secretary is the top-most executive official and senior-most civil servant of the Government of India and he/she is the ex-officio head of the Civil Services Board.

Ans: b

Sub-Theme: Annual Financial Statement / Money Bill

• Statement 1 is correct: The Rajya Sabha can keep the Money Bill for a maximum period of 14 days. The house cannot amend or reject the Money Bill, it should return the bill with or without recommendation to Lok Sabha, after that Lok Sabha may accept or reject recommendation.
• Statement 2 is correct: The Rajya Sabha has no power to vote on the demand for grants; it is the exclusive privilege of the Lok Sabha.
• Statement 3 is incorrect: The Rajya Sabha enjoys equal status with the Lok Sabha on the matter of discussion of Annual Financial Statement.

Ans: a

Sub-Theme: Joint Session of Parliament

Joint sitting (Article 108) of two house:

• It is extraordinary machinery provided by the Constitution to resolve a deadlock between the two Houses over the passage of a bill –
  • If the bill is rejected by the other
  • If the Houses have finally disagreed as to the amendments to be made in the bill; or
  • If more than six months have elapsed from the date of the receipt of the bill by the other House without the bill being passed by it.
• Summon: The president can summon joint sitting for the purpose of deliberating and voting on the bill.

Ans: d

Sub-Theme: Interpretation of Constitution The Supreme Court as the Custodian of the Indian Constitution:

• Indian Judiciary is an integrated, powerful and independent judiciary.
• The Legislature and Executive works on making laws and implementation of the laws, but the Judiciary works on safeguarding the public interest by checking into overreach, misuse and error of law.
• Therefore, the authority to amend the constitution lies with the Parliament, but the SC has the authority to examine the validity of those amendments.
• SC has the power of Judicial
• According to Article 32, the SC is the guardian of Fundamental Rights.
• The SC also an interpreter and Guardian of the Constitution.

Ans: d

Sub-Theme: Composition of Legislative Assembly/Legislative Council

Statement 1 is incorrect: As per Article 171, the maximum strength of the Legislative Council of the state cannot be more than one third of total strength of assembly. However, the size of the Legislative Council cannot be less than 40 members. The constitution has fixed the maximum and minimum limits but actual strength is fixed by Parliament.

Statement 2 is incorrect: The members of the Legislative Council are indirectly elected. The Chairman of the Legislative Council is elected by the members from amongst itself.

Ans: c

Sub-Theme: Objective of Local Governance

• Statements 1 and 3 are correct: The main idea behind the Panchayati Raj Institutions (PRIs) is to promote grass root democracy and development. The main aim is to evolve a system of democratic decentralisation and people’s participation with a view to ensure rapid socio-economic progress and provide adequate justice.
• Statement 2 is incorrect: Political accountability can be achieved in any system with democratic rule.
• Statement 4 is incorrect: Financial mobilisation was never the basis for the establishment of PRI.

Ans: d

Sub-Theme: Articles and Schedules of Indian Constitution

Tenth Schedule:

• It deals  with  the  provisions  as  to disqualification on grounds of defection.
• In 1985, the 52nd Amendment Act added the Tenth Schedule to the Constitution.
• On the basis of a petition by any other member of the House, it lays out the procedure by which a legislator may be removed from office on the grounds of defection by the Presiding officer of a legislature.
• The Chairman or Speaker of that House is tasked with making the final determination regarding disqualification due to defection.
• Both the Parliament and state legislatures are subject to the statute.
• The Presiding Officer’s decision is not subject to judicial review, according to the original law.
• This condition was struck down by the Supreme Court in Kihoto Hollohan judgement (1992), thereby allowing appeals against the Presiding Officer’s decision in the High Court and Supreme Court. Judicial review is a basic feature of the constitution.

Ans: b

Sub-Theme: Liberal-Intellectual Principles

The Directive Principles of State Policy (DPSP) are mentioned under Articles 36 to 51 of the Indian Constitution. The DPSPs have been borrowed from the Constitution of Ireland. Article 51 is clear in dealing with the international peace and security and for achieving the same it directs the State to focus on:

• Maintaining just and honourable relations with the nations.
• Foster respect for international law and treaty obligations.
• Encourage settlement  of international disputes by arbitration.

Ans: b

Sub-Theme: Constitutional Government

The Constitutional Government is defined by the existence of a constitution. The idea behind constitutionalism is to place restrictions on the authority of the state so that it does not become autocratic. Thus, the Constitutional Government places restrictions on the Authority of the State to protect the interest of individual liberty (Example: Fundamental Rights).

Ans: a

Sub-Theme: Powers of President

Statement 1 is correct: India follows a Parliamentary type of Government in which the President is the constitutional head of the state. He is the Executive head of India. Article 77(3) of the Indian Constitution says that the President shall make rules for the more convenient transaction of the business of the Government of India, and for the allocation among Ministers of the said business.

Statement 2 is incorrect: Article 77(1) of the Indian Constitution lays down all executive action of the Government of India shall be expressed to be taken in the name of the President.

Ans: c

Sub-Theme: No-Confidence Motion

Statement 1 is correct: The Constitution of India does not mention about either a Confidence or a No Confidence Motion. A motion of “No Confidence Motion” against the Government can be introduced only in the Lok Sabha under rule 198. If the motion is accepted, then the party in power has to prove its majority in the House. The member need not give a reason for moving the no-confidence motion.

Statement 2 is correct: The party can remain in power when it shows its strength through a floor test which is primarily taken to know whether the executive enjoys the confidence of the legislature. If any member of the House feels that the government in power does not have a majority then he/she can move a no- confidence motion. A government can function only when it has majority support in the Lok Sabha.

Additional Information:

Ans: b

Sub-Theme: Parliamentary Committees

The Estimates Committee was set up in 1950, on the recommendation of John Mathai. It consists of 30 members, all from the Lok Sabha and it is the largest committee. The minister cannot be the members of the estimates committee. Its function is to examine the budget and also suggest economies of public expenditure. It also suggests an alternative policy of bringing policy of economies.

Additional Information: Parliamentary Committee

• The Constitution of India mentions these committees at different places, but without making any specific provisions regarding their composition, tenure, functions, etc. as it has been dealt in detail in the rules of two
• Public Accounts Committee
• Origin: set up first in 1921 under Govt. of India Act 1919
• Composition: 22 (15 Lok Sabha + 7 Rajya Sabha) Elected for one year – proportional representation by single transferable vote. The Chairman – from Opposition Minister cannot be a member.
• Function: To examine CAG Audit report and discover the irregularities

Committee on Public Undertakings

• Origin: set up on the recommendations of Krishna Menon Committee 1964
• Composition: 22 (15 Lok Sabha + 7 Rajya Sabha) Elected for one year – proportional representation by single transferable vote. The Chairman – the opposition minister cannot be a member.
• Function: To examine reports and accounts of public sector Don’t involve day to day affairs of PSU.
• The Committee on Petitions
• Origin: It owes its origin to a resolution moved by a member in the then Council of State on 15 September 1921.
• Composition: 25 members (15 from Lok Sabha + 10 from Rajya Sabha) Nominated by Speaker/Chairman as the case may be.
• Function: To estimate every petition referred to it and if the petition complies with the rules to direct that it be circulated

Ans: c

Sub-Theme: Executive Functions

• Statement 1 is correct: A cabinet secretary is appointed for a fixed period of time, usually two years. The All India Services (Death-Cum- Retirement-Benefits) Rules, 1958 state that the government may extend a cabinet secretary’s tenure as long as the overall length of service does not exceed four years. A Cabinet Secretary holds the responsibility of preparation of agenda for Cabinet Meetings.
• Statement 2 is correct: The prime minister has direct control over the cabinet secretariat. The cabinet secretary, who serves as the ex- officio chairman of the civil services board, is the administrative head of the secretariat. It also gives secretary assistance to the Cabinet Committees.
• Statement 3 is incorrect: The Secretariat facilitates government decision-making by providing interministerial coordination. The Ministry of Finance, Department of Expenditure is entrusted with the allocation of financial resources to the Ministries.

Ans: c          

Sub-Theme: Jurisdiction and Powers of Supreme Court

According to Article 131, a dispute between two or more states comes under the original jurisdiction of the Supreme Court. Other disputes which comes under the jurisdiction of the Supreme Court are:

• State and other states
• Centre and state on one side and other state on other side
• Original jurisdiction of the SC extends to any dispute between the GoI and one or more states