SOLUTIONS
INSIGHTS REVISION TEST for Preliminary Exam 2018: Test – 20 (Indian Polity )
1)Consider the following Statements:
- Unlike the Rajya Sabha Chairman , the Speaker of Lok Sabha cannot suspend a member without calling for adoption of motion.
- While the Rajya Sabha Chairman is empowered to place a member under suspension, the authority for revocation of this order is not vested in him.
Which of the above are true?
a) 1 only
b) 2 only
c) Both
d) None
Solution: d
Why this Question?: Recent action of the Lok Sabha Speaker with regard to Suspension of 25 members + Previous UPSC questions on the Office of the Speaker
Explanation:
Statement 1: The Speaker may invoke Rule 374A in case of “grave disorder occasioned by a member coming into the well of the House or abusing the Rules of the House, persistently and wilfully obstructing its business by shouting slogans or otherwise…”. The member concerned, “on being named by the Speaker, stands automatically suspended from the service of the House for five consecutive sittings or the remainder of the session, whichever is less”. This clause was incorporated in the Rule Book on December 5, 2001. Obviously, the intention was to skirt around the necessity of moving and adopting a motion for suspension.
Hence Statement 1 is INCORRECT.
While the Speaker is empowered to place a member under suspension, the authority for revocation of this order is not vested in her. It is for the House, if it so desires, to resolve on a motion to revoke the suspension.
Statement 2: The Chairman may “name a member who disregards the authority of the Chair or abuses the rules of the Council by persistently and wilfully obstructing” business. In such a situation, the House may adopt a motion suspending the member from the service of the House for a period not exceeding the remainder of the session. The House may, however, by another motion, terminate the suspension. Unlike the Speaker, the Rajya Sabha Chairman does not have the power to suspend a member.
Hence Statement 2 is INCORRECT.
Reference: http://indianexpress.com/article/explained/the-history-and-circumstances-of-suspending-mps/
2)Assertion(A):Rajya Sabha is not permitted to make use of Adjournment motion
Reason(R):It involves an element of censure against the government
(A) Both A and R are true and R is the correct explanation of A
(B) Both A and R are true, but R is not a correct explanation of A
(C) A is true, but R is false
(D) A is false, but R is true
Solution: a
Why?:Previous UPSC questions on Adjournment motion [Ex:UPSC 2012]
Explanation:
Adjournment Motion: It is introduced in the Parliament to draw attention of the House to a definite matter of urgent public importance, and needs the support of 50 members to be admitted. As it interrupts the normal business of the House, it is regarded as an extraordinary device. It involves an element of censure against the government and hence Rajya Sabha is not permitted to make use of this device. The discussion on an adjournment motion should last for not less than two hours and thirty minutes.
Source: Indian Polity-5th Edition-M Laxmi Kanth-Chapter22
3)Consider the following Statements :
1.Parliament can reduce or abolish a tax but cannot increase it.
2.The budget shall distinguish expenditure on revenue account from other expenditure.
3.There is no legal or Constitutional obligation on the ruling party to launch an interim budget during election year. It is only a convention.
a) 1 and 2 only
b) 2 and 3 only
c) 1 and 3 only
d) All
Solution: d
Why?: Previous UPSC questions with respect to Parliamentary Control over Budget [Ex:UPSC 2011-Vote on Account vs. Interim Budget; UPSC 2011-Parliamentary Control over Public Finance]
Explanation:
Statements 1 and 2:
The Constitution of India contains the following provisions with regard to the enactment of budget:
- 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.
- No demand for a grant shall be made except on the recommendation of the President.
- No money shall be withdrawn from the Consolidated Fund of India except under appropriation made by law.
- No money bill imposing tax shall be introduced in the Parliament except on the recommendation of the President, and such a bill shall not be
introduced in the Rajya Sabha.
- No tax shall be levied or collected except by authority of law.
- Parliament can reduce or abolish a tax but cannot increase it.
7.TheConstitution has also defined the relative roles or position of both the Houses of Parliament with regard to the enactment of the budget
- The estimates of expenditure embodied in the budget shall show separately the expenditure charged on the Consolidated Fund of India and the expenditure made from the Consolidated Fund of India.
Hence Both the Statements 1 and 2 are Correct.
Statement 3:
An excerpt from the news report:
“What about the convention of interim budgets? Why should the finance minister of a government that is going to polls in a few weeks be allowed to wax eloquent on what the achievements were in the previous five years”
Hence Statements 3 is Correct.
Reference: http://www.rediff.com/money/2009/feb/11guest-why-interim-budgets-are-irrelevant.htm
Source: Indian Polity-5th Edition-M Laxmi Kanth-Chapter22
4)Consider the following Statements:
1.The Prime Minister has to resign if he loses majority in the Lower House- This is just a rule of the Parliament but not mentioned in the Constitution.
2.In the event of both the President and the Vice-President demitting office simultaneously before the end of their tenure the Speaker of the Lower House of the Parliament will officiate as the President.
a) 1 only
b) 2 only
c) Both
d) None
Solution: d
Why?: Combination of Previous UPSC questions[UPSC-1997- Which of the following is not explicitly stated but followed as convention?; UPSC 1996-Correct Statements about Prime Minister etc.]
Explanation:
Statement1:It is just an unwritten convention that the Prime Minister has to resign if he loses majority in the Lower House. It is neither mentioned in the Constitution nor mentioned in the Rule book of the Parliament.
Hence statement 1 is INCORRECT.
Statement 2: When a vacancy occurs in the office of the President due to his resignation, removal, death or otherwise, the Vice-President acts as the President until a new President is elected. Further, when the sitting President is unable to discharge his functions due to absence, illness or any other cause, the Vice-president discharges his functions until the President resumes his office. In case the office of Vice-President is vacant, the Chief Justice of India (or if his office is also vacant, the seniormo-st judge of the Supreme Court available) acts as the President or discharges the functions of the President.
Hence Statement 2 is INCORRECT.
Source: Indian Polity-5th Edition-M Laxmi Kanth-Chapter22
5)Which of the following are CORRECT with respect to Rajya Sabha?
- As per the Indian Constitution, Candidate Contesting an election to the Rajya Sabha from a particular State need not be an elector in that Particular State.
- The Constitution has not fixed the term of Office of a member of the Rajya Sabha as six years. It is decided by the Rules of the Rajya Sabha.
- The question of disqualification under the Tenth Schedule is decided by the Chairman in the case of Rajya Sabha.
A.1 and 2 only
B.All
C.3 only
D.1 and 3 only
Solution: c
Why?: Previous UPSC questions related to Rajya Sabha and Chairman of Rajya Sabha+ Importance of distinction between Rules, Conventions, Acts and Constitutional provisions[ex:UPSC-1997- Which of the following is not explicitly stated but followed as convention? ]
Explanation:
Statement1: The Parliament has laid down the following additional qualifications in the Representation of People Act (1951)[Not the Indian Constitution]
- He must be registered as an elector for a parliamentary constituency. This is same in the case of both, the Rajya Sabha and the Lok Sabha. The requirement that a candidate contesting an election to the Rajya Sabha from a particular state should be an elector in that particular state was dispensed with in 2003. In 2006, the Supreme Court upheld the constitutional validity of this change.
- He must be a member of a scheduled caste or scheduled tribe in any state or union territory, if he wants to contest a seat reserved for them.
However, a member of scheduled castes or scheduled tribes can also contest a seat not reserved for them.
Hence Statement 1 is INCORRECT
Statement2: The Constitution has not fixed the term of office of members of the Rajya Sabha and left it to the Parliament. Accordingly, the Parliament in the Representation of the People Act (1951)[Not the Rules of Rajya Sabha] provided that the term of office of a member of the Rajya Sabha shall be six
years.
Hence Statement 2 is INCORRECT.
Statement 3:
The question of disqualification under the Tenth Schedule is decided by the Chairman in the case of Rajya Sabha and Speaker in the case of Lok Sabha (and not by the president of India). In 1992, the Supreme Court ruled that the decision of the Chairman/Speaker in this regard is subject to judicial review.
Hence Statement 3 is CORRECT.
6)For which of the following Committees , the Chairman is invariably from the Ruling Party?
a) Estimates Committee
b) Public Accounts Committee
c) Committee on Public Undertakings
d) None
Solution: a
Why? [UPSC 2002-Question on Public Accounts Committee]
Explanation:
Option B:
Public Accounts Committee:
The chairman of the committee is appointed from amongst its members by the Speaker. Until 1966 – ‘67, the chairman of the committee belonged to the ruling party. However, since 1967 a convention has developed whereby the chairman of the committee is selected invariably from the Opposition.
Other important aspects-
1.22 members [15LS+7 RS]
2.Came into existence through GoI Act-1919
Option C:
Committee on Public Undertakings: The term of office of the members is one year. A minister cannot be elected as a member of the committee. The chairman of the committee is appointed by the Speaker from amongst its members who are drawn from the Lok Sabha only.
Hence, it is INCORRECT.
Other important aspects-
1.Created in 1964 on the recommendation of the Krishna Menon Committee
2.Originally 15 members, later increased to 22 members
Option A:
Estimates Committee: A minister cannot be elected as a member of the committee. The chairman of the committee is appointed by the Speaker from amongst its members and he is invariably from the ruling party.
Hence, it is CORRECT.
Other important aspects-
1.Origin can be traced to Standing Financial Committee set up in 1921.
2.Originally 25 members, later increased to 30
3.Rajya Sabha has no representation in this Committee.
Common to all the three committees-
- All parties get due representation [Proportional Method].
- Term of the members-1 year.
- Minister cannot be elected as the member.
- Chairman is appointed by the Speaker from the members of the Committee.
Source: Indian Polity-5th Edition-M Laxmikanth-Chapter23
7) For which of the following Committees, Speaker of Lok Sabha acts as Chairman?
- Rules Committee
- Committee on Private Members’ Bills and Resolutions
- Business Advisory Committee
- General Purposes Committee
a) 1 and 3 only
b) 1, 3 and 4 only
c) 2 and 4 only
d) 1 only
Solution: b
Why?: [UPSC 2002 & 2013-Question on Public Accounts Committee]
Explanation:
Committee on Private Members’ Bills and Resolutions-Chairman is Deputy Speaker of Lok Sabha. Hence the Answer is B.
Source: Indian Polity-5th Edition-M Laxmikanth-Chapter23
8) Assertion (A): The normal function of the Vice-President is to preside over the council of states
Reason(R): The electoral college of the Vice-President does not include the members of the State Legislative assemblies
(A) Both A and R are true and R is the correct explanation of A
(B) Both A and R are true, but R is not a correct explanation of A
(C) A is true, but R is false
(D) A is false, but R is true
Solution:b
Why?:Previous UPSC questions related to President and Vice-President Elections
Explanation:
Dr B R Ambedkar observed:
“The President is the head of the State and his power extends both to the administration by the Centre as well as to the states. Consequently, it is necessary that in his election, not only members of Parliament should play their part, but the members of the state legislatures should have a voice.But, when we come to the Vice-President, his normal functions are to preside over the council of states. It is only on a rareoccasion,and that too for a temporary period, that he may be called upon to assume the duties of the president. That being so, it does not seem necessary that the members of the state legislatures should also be invited to take part in the election of the Vice-President”.
Hence Both A and R are individually true.
As per the above text,
The assertion [EFFECT] is “The electoral college of the Vice-President does not include the members of the State Legislative assemblies”
The reason [CAUSE] is “normal function of the Vice-President is to preside over the council of states”
In the question, it is given the other way. So, R in the question is not a correct explanation of A. Hence, the answer is B.
Source: Indian Polity-5th Edition-M Laxmikanth -Chapter-18
9) Which of the following statements are INCORRECT with respect to the Office of Vice President?
- The only valid ground for the removal of Vice President provided by the Indian Constitution is proved misbehavior or incapacity.
- When a vacancy occurs in the Office of the President due to resignation, the Vice-President can only act as President for a maximum period of six months with in which a new President has to be elected.
- Deputy Chairman of Rajya Sabha is responsible to the Vice-President in Rajya Sabha as he is ex-officio Chairman of Rajya Sabha.
a) 1 and 2 only
b) 2 and 3 only
c) 1 and 3 only
d) None
Solution:c
Why? [UPSC 2004 -related to Resolution for the removal of Vice President]
Explanation:
Statement 1:
The Vice- President holds office for a term of five years from the date on which he enters upon his office. However, he can resign from his office at any time by addressing the resignation letter to the President. He can also be removed from the office before completion of his term. A formal impeachment is not required for his removal. He can be removed by a resolution of the Rajya Sabha passed by an absolute majority (i.e., a majority of the total members of the House) and agreed to by the Lok Sabha. But, no such resolution can be moved unless at least 14 days’ advance notice has been given. Notably, no ground has been mentioned in the Constitution for his removal.
Hence, Statement 1 is INCORRECT.
Statement2: He acts as President when a vacancy occurs in the office of the President due to his resignation, removal, death or otherwise. He can act as President only for a maximum period of six months within which a new President has to be elected. Further, when the sitting President is unable to discharge his functions due to absence, illness or any other cause, Vice-President discharges his functions until the President resumes his office.
Hence Statement 2 is CORRECT.
Statement 3: The Deputy Chairman is not subordinate to the Chairman. He is directly responsible to the Rajya Sabha.
Hence Statement 3 is INCORRECT.
Source: Indian Polity-5th Edition-M Laxmikanth-Chapter22
10) Consider the following Statements:
1.”Leader of Opposition” position in Lok Sabha has statutory recognition.
2.Currently, Shri Ghulam Nabi Azad is the Leader of Opposition in Rajya Sabha.
3.The requirement that concerned party must have at least 10% of the total strength of the House is incorporated by amending Representation of People Act, 1951.
A.1 only
B.1 and 3 only
C.2 only
D.1 and 2 only
Solution: d
Why?: Leader of Opposition-often in news
Explanation:
Statement 1: In a parliamentary system of government, the leader of the opposition has a significant role to play. His main functions are to provide a constructive criticism of the policies of the government and to provide an alternative government. Therefore, the leader of Opposition in the Lok Sabha and the Rajya Sabha were accorded statutory recognition in 1977. They are also entitled to the salary, allowances and other facilities equivalent to that of a cabinet minister. It was in 1969 that an official leader of the opposition was recognised for the first time. The same functionary in USA is known as the ‘minoriy leader’. Hence Statement 1 is CORRECT.
Statement 2: Factual. It is CORRECT.
Statement 3: The requirement that concerned party must have at least 10% of the total strength of the House is incorporated by Salary and Allowances of Leaders of Opposition in Parliament Act, 1977 . Hence Statement 3 is INCORRECT.
Source: Indian Polity-5th Edition-M Laxmikanth-Chapter22
11) Which of the following shows that Indian Constitution has given preference to Common identity over diversity in few circumstances?
a) Asymmetric federalism
b) Protection for Minorities
c) Joint electorates
d) None
Solution: c
Why?:NCERTs importance cannot be overemphasized[UPSC-2017]
Explanation:
Option A: Asymmetric federalism in Indian Polity, unlike in US’s symmetric federalism, is sensitive to the distinct socio-economic,cultural,geographic and historical circumstances. Article 370 related to Jammu and Kashmir and Special provisions related to North Eastern and other states stand as testimony to the Constitution’s recognition for diversity. Hence option A is INCORRECT.
Option B: Protection to the minorities in the form of Religious freedom, prohibition of discrimination on the grounds of religion only is not antithetical to the recognition of diversity over common Identity. Hence option B is INCORRECT.
Option C: The Indian Constitution tried to balance various identities. Yet, preference was given to common identity under certain conditions. This is clarified in the debate over separate electorates based on religious identity which the Constitution rejects. Hence option C is CORRECT.
“Separate electorates have been a curse to India, have done incalculable harm to this country… Separate electorates have barred our progress… We (Muslims) want to merge in the nation. …for God’s sake keep your hands off reservation for the Muslim community.” -Tajamul Husain, CAD, Vol. VIII, p. 333, 26 May 1949
Source: NCERT-INDIAN CONSTITUTION AT WORK-Chapter-10
12) Assertion (A): Fraternity cannot be divorced from Liberty and Equality.
Reason(R): Without fraternity, liberty and equality could not become a natural course of things
(A) Both A and R are true and R is the correct explanation of A
(B) Both A and R are true, but R is not a correct explanation of A
(C) A is true, but R is false
(D) A is false, but R is true
Solution: a
Why?: NCERTs importance cannot be overemphasized [Question related to Philosophy behind Indian Constitution]
Explanation:
” ….principles of liberty, equality and fraternity are not to be treated as separate items in a trinity. They form a union of trinity in the sense that to divorce one from the other is to
defeat the very purpose of democracy. Liberty cannot be divorced from equality, equality cannot be divorced from liberty. Nor can liberty and equality be divorced from fraternity. Without equality, liberty would produce the supremacy of the few over the many. Equality without liberty would kill individual initiative. Without fraternity, liberty and equality could not become a natural course
Of things…”
Dr. B.R. Ambedkar, CAD, Vol. XI, p.979, 25 November 1949
Source: NCERT-INDIAN CONSTITUTION AT WORK-Chapter-1
13) Which of the following are CORRECT ?
- Quorum-the minimum number to transact any business, is prescribed in the Indian Constitution.
- The institution of Speaker and Deputy Speaker has originated under the provisions of the Government of India Act, 1919.
- The Representatives of each Union Territory in the Rajya Sabha are indirectly elected by members of an electoral college specially constituted for the purpose.
a) 1 and 2 only
b) 2 and 3 only
c) 1 and 3 only
d) All
Solution: d
why?:Important Articles+UPSC questions on Office of Speaker, Rajya Sabha membership
Explanation:
Statement 1: Article 100(3)– Until Parliament by law otherwise provides, the quorum to constitute a meeting of either House of Parliament shall be one tenth of the total number of members of the House.
Hence Statement 1 is CORRECT.
Statement 2:The institutions of Speaker and Deputy Speaker originated in India in 1921 under the provisions of the Government of India Act of 1919 (Montague–Chelmsford Reforms). At that time, the Speaker and the Deputy Speaker were called the President and Deputy President respectively and the same nomenclature continued till 1947.
Hence Statement 2 is CORRECT.
Statement3: The representatives of each union territory in the Rajya Sabha are indirectly elected by members of an electroral college specially constituted for the purpose. This election is also held in accordance with the system of proportional representation by means of the single transferable vote. Out of the seven union territories, only two
(Delhi and Puducherry) have representation in Rajya Sabha. Hence Statement 3 is CORRECT
Source: Indian Polity-5th Edition-M Laxmikanth-Chapter22
14) Which of the following are Correct with regard to the Rule 377 related to Lok Sabha proceedings?
- Matters which cannot be raised under the Rules relating to questions, short notice questions, calling attention, motions, etc. can be raised under Rule 377.
- Presently 30 MPs are permitted to raise matters under Rule 377 per day.
- Matters are selected based on party strength.
a) 1 and 3 only
b) 1 and 2 only
c) 2 and 3 only
d) 1 only
Solution: b
why?: Rule 377 is often in news and has greater significance in the proceedings of Lok Sabha.
Explanation:
Statement 1: After the laying of papers, matters which cannot be raised under the Rules relating to questions, short notice questions, calling attention, motions, etc. can be raised under Rule 377. MPs may raise issues under this Rule with the consent of the Speaker. Notice needs to be given before 10 am on the day of the sitting and the text of the notice cannot exceed 250 words.
Hence Statement 1 is CORRECT.
Statement 2: Presently 20 MPs are permitted to raise matters under Rule 377 per day. Hence Statement 2 is INCORRECT.
Statement 3: Matters are selected based on party strength. Hence Statement 3 is CORRECT
15) In accordance with which of the following ,the President generally appoints the leader of the majority party in the Lok Sabha as the Prime Minister?
a) Representation of People Act, 1951
b) Article 75 of the Indian Constitution
c) Conventions of the Parliamentary System
d) Rules of Lok Sabha.
Solution: c
Why? UPSC 2013, 2015-Question on Parliamentary government+ Distinction between conventions, rules, Acts and Constitutional provisions.
Explanation: The Constitution does not contain any specific procedure for the selection and appointment of the Prime Minister. Article 75 says only that the Prime Minister shall be appointed by the president. However, this does not imply that the president is free to appoint any one as the Prime Minister. In accordance with the conventions of the parliamentary system of government, the President has to appoint the leader of the majority party in the Lok Sabha as the Prime Minister.
Source: Indian Polity-5th Edition-M Laxmikanth-Chapter 19
16) A Bill pending in parliament shall not lapse by reason of the prorogation of the House. It is because of which of the following?
a) Rule 336 of the Lok Sabha
b) Article 107(3)
c) Article 100(3)
d) None of the above. It is just a Convention.
Solution: b
Why?:UPSC 2016 question on lapse of bills on Prorogation
Explanation:
Option A: Under Rule 336 of the Lok Sabha, a motion, resolution or an amendment, which has been moved and is pending in the House, shall not lapse by reason only of the prorogation of the House. Hence option A is INCORRECT
Option C: Article 100(3)– Until Parliament by law otherwise provides, the quorum to constitute a meeting of either House of Parliament shall be one tenth of the total number of members of the House. Hence option C is INCORRECT.
Option B:Under Article 107 (3) of the Constitution, a bill pending in Parliament shall not lapse by reason of the prorogation of the Houses. Hence option B is CORRECT.
Source: Indian Polity-5th Edition-M Laxmikanth-Chapter 22
17) If a person gets elected to both the Parliament and the State Legislature at the Same time, his seat in Parliament becomes vacant if he does not resign his seat in the State Legislature with in ‘X’ days -as stipulated by ‘Y’. X and Y are respectively
A.10 days and Representation of People Act, 1951
B.14 days and Representation of People Act, 1951
C.14 days and Rules made by the President
D.10 days and Rules made by the Parliament
Solution: c
Why?: UPSC has the tendency of framing questions from what we observe commonly during elections and immediately after it by relating them to the subject. We can also enjoy such learning. The foot notes provided by Laxmi Kanth book provide some valuable insights to understand the things happening in Contemporary polity.
Explanation: A person cannot be a member of both the Parliament and the state legislature at the same time. If a person is so elected, his seat in Parliament becomes vacant if he does not resign his seat in the state legislature within 14 days, according to the Prohibition of Simultaneous Membership Rules (1950) made by the President.
Source: Indian Polity-5th Edition-M Laxmikanth-Chapter22
18) Assertion (A): The form of oath of office and secrecy for the Prime Minister is different from other Union ministers
Reason(R): The resignation of an incumbent Prime Minister automatically dissolves the council of ministers while the resignation of other Union minister merely creates a vacancy.
(A) Both A and R are true and R is the correct explanation of A
(B) Both A and R are true, but R is not a correct explanation of A
(C) A is true, but R is false
(D) A is false, but R is true
Solution: d
Why?: [UPSC-1997- Which of the following is not explicitly stated but followed as convention?; UPSC 1996-Correct Statements about Prime Minister etc.]
Explanation:
Assertion: The form of oath of office and secrecy for the Prime Minister is similar to that for any Union minister. Hence it is FALSE.
Reason: Since the Prime Minister stands at the head of the council of ministers, the other ministers cannot function when the Prime Minister resigns or dies. In
other words, the resignation or death of an incumbent Prime Minister automatically dissolves the council of ministers and thereby generates a vacuum. The resignation or death of any other minister, on the other hand, merely creates a vacancy which the Prime Minister may or may not like to fill. Hence it is TRUE.
Source: Indian Polity-5th Edition-M Laxmikanth-Chapter19
19) Which of the following Articles of the Constitution can be termed the essence of Parliamentary system of government?
(A) Articles 74 and 75
(B) Articles 77 and 78
(C) Articles 78 and 88
(D) Articles 110 and 112
Solution: a
Why?:UPSC 2013,2015-Question on Parliamentary government+ Important Articles.
Explanation: The principles of parliamentary system of government are not detailed in the Constitution, but two Articles (74 and 75) deal with them in a broad, sketchy and general manner. Article 74 deals with the status of the council of ministers while Article 75 deals with the appointment, tenure, responsibility, qualification, oath and salaries and allowances of the ministers. Hence Option A is CORRECT.
Other Options:-
Article 77-Conduct of Business of the Government of India
Article 78-Duties of Prime Minister
Article 88-Rights of Minister as Respects the Houses
Article 110-Definition of Money Bill
Article 112-Annual Financial Statement (Budget)
Source: Indian Polity-5th Edition-M Laxmikanth-Chapter20
20) Which of the following are CORRECT?
1.Unlike in Britain, In India there is no provision in the Constitution for the system of legal responsibility of a minister.
2.The term “Cabinet” has been introduced but not defined in the Constitution through the 44th Constitutional amendment.
3.Council of Ministers size and classification are mentioned in the Articles 74 and 75
a) 1 and 2 only
b) 3 only
c) 2 and 3 only
d) 1 only
Solution: d
Why?:
Comparative study to gain clarity + Necessary to know which are just mentioned but not defined, explicitly defined + UPSC questions on Comparison between India, USA and UK Political systems
Explanation:
Statement 1: In Britain, every order of the King for any public act is countersigned by a minister. If the order is in violation of any law, the minister would be held responsible and would be liable in the court. The legally accepted phrase in Britain is, “The king can do no wrong.” Hence, he cannot be sued in any court. In India, on the other hand, there is no provision in the Constitution for the system of legal responsibility of a minister. It is not required that an order of the President for a public act should be countersigned by a minister. Moreover, the courts are barred from enquiring into the nature of advice rendered by the ministers to the president. Hence Statement 1 is CORRECT.
Statement 2: It was inserted in Article 352 of the Constitution in 1978 by the 44th Constitutional Amendment Act. Thus, it did not find a place in the original text of the Constitution. Now also, Article
352 only defines the cabinet saying that it is ‘the council consisting of the prime minister and other ministers of cabinet rank appointed under Article 75’ and does not describe its powers and functions. Hence statement 2 is INCORRECT
Statement 3: Council of Ministers is a constitutional body, dealt in detail by the Articles 74 and 75 of the Constitution. Its size and classification are, however, not mentioned in the Constitution. Its size is determined by the prime minister according to the exigencies of the time and requirements of the situation. Its classification into a three-tier body is based on the conventions of parliamentary government as developed in Britain. It has, however, got a legislative sanction. Thus, the Salaries and Allowances Act of 1952 defines a ‘minister’ as a ‘member of the council of ministers, by whatever name called, and includes a deputy minister’. Hence Statement 3 is INCORRECT.
Source: Indian Polity-5th Edition-M Laxmikanth-Chapter20
21) With reference to the Article 35A of the Indian Constitution, consider the following statements:
- It was incorporated into the Constitution by an order of the First President of India
- Incorporation of the Article 35A involved bypassing of the parliamentary route of lawmaking
- This Article gives special powers to Jammu and Kashmir Legislature
Which of the above statements is/are correct?
a) 1 and 2 Only
b) 1 and 3 Only
c) 2 and 3 Only
d) 1,2 and 3
Solution: d
http://www.insightsonindia.com/2017/10/31/insights-daily-current-affairs-31-october-2017/
Article 35A is a provision incorporated in the Constitution giving the Jammu and Kashmir Legislature a carte blanche to decide who all are ‘permanent residents’ of the State and confer on them special rights and privileges in public sector jobs, acquisition of property in the State, scholarships and other public aid and welfare. The provision mandates that no act of the legislature coming under it can be challenged for violating the Constitution or any other law of the land.
Article 35A was incorporated into the Constitution in 1954 by an order of the then President Rajendra Prasad on the advice of the Jawaharlal Nehru Cabinet. The controversial Constitution (Application to Jammu and Kashmir) Order of 1954 followed the 1952 Delhi Agreement entered into between Nehru and the then Prime Minister of Jammu and Kashmir Sheikh Abdullah, which extended Indian citizenship to the ‘State subjects’ of Jammu and Kashmir.
The Presidential Order was issued under Article 370 (1) (d) of the Constitution. This provision allows the President to make certain “exceptions and modifications” to the Constitution for the benefit of ‘State subjects’ of Jammu and Kashmir.
Third statement, though vague, is correct because this Article indeed give J&K legislature special powers compared to other states.
22) With reference to the Constitution bench in the Indian judiciary, consider the following statements:
- It is the name given to the benches of the Supreme Court of India which consist of at least five judges of the court
- Setting up of these benches is mandated by the Constitution of India
- The basic structure doctrine verdict was delivered by a constitution bench of the Supreme Court
- These benches are set-up by the Supreme Court collegium
Which of the above statements is/are correct?
a) 1, 2 and 3 Only
b) 1, 2 and 4 Only
c) 1 and 3 Only
d) 1,2, 3 and 4
Solution: a)
http://www.insightsonindia.com/2017/10/31/insights-daily-current-affairs-31-october-2017/
Constitution bench is the name given to the benches of the Supreme Court of India which consist of at least five judges of the court which sit to decide any case “involving a substantial question of law as to the interpretation” of the Constitution of India. This provision has been mandated by Article 145 (3) of the Constitution of India.
The Chief Justice of India has the power to constitute a Constitution Bench and refer cases to it.[3] Constitution benches have decided many of India’s best-known and most important Supreme Court cases, such as A.K. Gopalan v. State of Madras, Kesavananda Bharati v. State of Kerala (basic structure doctrine) and Ashoka Kumar Thakur v. Union of India (OBC reservations) etc.
23) Recently, India sent its maiden shipment of wheat from India’s western seaport of Kandla to Afghanistan. Which of the following geographical regions were involved in this transit?
- Chabahar
- Zahedan
- Zaranj
Select the correct answer using codes below:
a) 1 and 2 Only
b) 2 and 3 Only
c) 1 and 3 Only
d) 1,2 and 3
Solution: d)
http://www.insightsonindia.com/2017/10/30/97917/
The Chabahar-Zahedan-Zaranj corridor was used to transit wheat from India.
24) The parasite Leishmania donovani causes
- Black fever
- Yellow fever
- Elephantiasis
- None of the above
Solution: a)
http://www.insightsonindia.com/2017/10/28/insights-daily-current-affairs-28-october-2017/
Leishmania donovani is a species of intracellular parasites belonging to the genus Leishmania, a group of haemoflagellate kinetoplastids that cause the disease leishmaniasis. It is a human blood parasite responsible for visceral leishmaniasis or kala-azar, the most severe form of leishmaniasis.
Black fever is also known as kala azar.
