SOLUTIONS – INSIGHTS REVISION TEST for Preliminary Exam 2018: Test

SOLUTIONS

INSIGHTS REVISION TEST for Preliminary Exam 2018: Test – 24 (Indian Polity )

1.Which of the following about CBI-Central Bureau of Investigation is /are CORRECT?

It enjoys the status of an attached Office under the Ministry of Home Affairs.
The Director of CBI has been provided security of tenure in office by the CVC Act, 2003.

a) 1 only

b) 2 only

c) Both

d) None

Solution: b

Explanation:

Statement 1: The Central Bureau of Investigation (CBI) was set up in 1963 by a resolution of the Ministry of Home Affairs. Later, it was transferred to the Ministry of Personnel and now it enjoys the status of an attached office. The Special Police Establishment (which looked into vigilance cases) setup in 1941 was also merged with the CBI.

HENCE STATATEMENT 1 IS INCORRECT

Statement 2: The Director of CBI as Inspector-General of Police, Delhi Special Police Establishment, is responsible for the administration of the organisation. With the enactment of CVC Act, 2003, the superintendence of Delhi Special Police Establishment vests with the Central Government save investigations of offences under the Prevention of Corruption Act, 1988, in which, the superintendence vests with the Central Vigilance Commission. The Director of CBI has been provided security of two-year tenure in office by the CVC Act, 2003.

HENCE STATATEMENT 2 IS CORRECT

SOURCE: INDIAN POLITY-5^th EDITION-M LAXMIKANTH-CHAPTER-58

2.Which of the following Statements about regarding State of Jammu and Kashmir (J&K) is/are CORRECT?

The name, area or boundary of cannot be changed by the Union without the consent of its Legislative Assembly.
The State of J&K enjoy a vestige of sovereignty owing to its own constitution

a) 1 only

b) 2 Only

c) Both

d) None

Solution: a

Why?-Frequently in news.

Statement 1: Jammu and Kashmir is a constituent state of the Indian Union and has its place in Part I and Schedule I of the Constitution of India (dealing with the Union and its Territory). But its name, area or boundary cannot be changed by the Union without the consent of its legislature [i.e. Legislative Assembly].

Hence Statement 1 is CORRECT

Statement 2: Existence of own Constitution does not ensure the Sovereignty. The Constitution of J&K itself declares that the State of J&K to be an integral part of India. [Section 3 of the Constitution of J&K]. Moreover, Unlike the preamble of Indian Constitution, preamble of J&K Constitution does not claim any Sovereignty. Also, Article 1 of the Indian Constitution says that India is an Union of States ,including Jammu and Kashmir.

Hence Statement 2 is INCORRECT

SOURCE: INDIAN POLITY-5^th EDITION-M LAXMIKANTH-CHAPTER-36

3.Central Home Minister is one of the members of which of the following selection/ appointment Committee?

a) Central Bureau of Investigation Director

b) Central Vigilance Commissioner

c) Chief Information Commissioner

d) Both A and B

Solution: b

Explanation:

CBI selection committee: PM+ Leader of opposition in LS+CJI/Supreme Court judge

Hence Option A is INCORRECT

CIC selection committee: PM + Union minister* + Leader of opposition in LS

*[Union finance minister –Mr. Arun Jaitley was the member in the recent appointment of CIC]

Hence Option C is INCORRECT

CVC selection committee: PM + Home minister + Leader of opposition in LS

Hence Option B is CORRECT

4.Which of the following is/are CORRECT with respect to NITI Aayog?

NITI Aayog’s Regional councils are chaired by the Home Minister.
Full time members of NITI Aayog enjoy the rank of a Minister of State.
As a think tank, it is entrusted with the vision of finding a single model from the other developed nations like USA, which can be followed for India’s development.

a) 1 and 2 Only

b) 2 and 3 Only

c) 2 Only

d) All

Solution: c

Why? Frequently in news + There is lot of scope for UPSC to ask questions on NITI Aayog with its ever increasing participation in research[as a think tank] and development activities

Statement 1:

Regional Councils are formed to address specific issues and contingencies impacting more than one state or a region. These are formed for a specified tenure. These are convened by the Prime Minister and comprises of the Chief Ministers of States and Lt. Governors of Union Territories in the region. These are chaired by the Chairperson of the NITI Aayog or his nominee.

HENCE STATEMENT 1 IS INCORRECT.

Statement 2: FACTUAL. It is CORRECT

Statement 3: Here, “single model” is the key word. India is a vast Country and NITI Aayog’s bottom-up approach has at its core the recognition of “One size fits all” does not work. Moreover, Indian context is different from the other developed nations in terms of socio,economic and cultural differences. A nation’s culture plays a greater role in the development agenda.

Hence STATEMENT 3 is INCORRECT.

Evidence for the above argument:

The Executive Resolution[Which created NITI Aayog] observed: “Perhaps most importantly, the institution must adhere to the tenet that while incorporating positive influences from the world, no single model can be transplanted from outside into the Indian scenario. We need to find our own strategy for growth. The new institution has to zero in on what will work in and for India. It will be a Bharatiya approach to development.”

Source: INDIAN POLITY-5^th EDITION-M LAXMIKANTH-CHAPTER-52

5. Consider the following Statements:

The members of the State Administrative Tribunals (SATs) are appointed by the President.
The Governor can remove the State Chief Information Commissioner

Which of the following is/are CORRECT?

A.1 only

B.2 only

C.Both

D.None

Solution: c

Explanation:

Statement 1: The chairman and members of the SATs are appointed by the president after consultation with the governor of the state concerned.

Hence STATEMENT 1 is CORRECT.

Statement 2: The Governor can remove the State Chief Information Commissioner or any State Information Commissioner from the office under the following circumstances:

(a) if he is adjudged an insolvent; or (b) if he has been convicted of an offence which (in the opinion of the Governor) involves a moral turpitude; or (c) if he engages during his term of office in any paid employment outside the duties of his office; or (d) if he is (in the opinion of the Governor) unfit to continue in office due to infirmity of mind or body; or (e) if he has acquired such financial or other interest as is likely to affect prejudicially his official functions.

In addition to these, the Governor can also remove the State Chief Information Commissioner or any State Information Commissioner on the ground of proved misbehaviour or incapacity. However, in these cases, the Governor has to refer the matter to the Supreme Court for an enquiry. If the Supreme Court, after the enquiry, upholds the cause of removal and advises so, then the Governor can remove him.

Hence Statement 2 is CORRECT.

Source: INDIAN POLITY-5^th EDITION-M LAXMIKANTH-CHAPTER 63, 56

6.Which of the following Statements are INCORRECT?

The Salary, allowances and other service conditions of the Information Commissioner are similar to those of Election Commissioner.
Information Commissioner is not eligible for reappointment for the same post.

a) 1 Only

b) 2 Only

c) Both

d) None

Solution: d

Explanation:

Statement 1: The salary, allowances and other service conditions of the Chief Information Commissioner are similar to those of the Chief Election Commissioner and that of the Information Commissioner are similar to those of an Election Commissioner. But, they cannot be varied to his disadvantage during service.

Hence STATEMENT 1 is CORRECT

Statement 2:

The Chief Information Commissioner and an Information Commissioner hold office for a term of 5 years or until they attain the age of 65 years, whichever is earlier. They are not eligible for reappointment. The Information Commissioner is eligible for appointment as Chief Information Commissioner but cannot hold office for more than a total of five years including his term as Information Commissioner.

Hence STATEMENT 2 is CORRECT

Source: INDIAN POLITY-5^th EDITION-M LAXMIKANTH-CHAPTER 55

7.Which of the following Statements about ‘Project Appraisal and Management Division (PAMD)’ is/are CORRECT?

It is a separate Division established recently to undertake techno-economic appraisal of major projects and programmes in the public sector for facilitating investment decisions by the Government.
It functions under the general guidance and direction of the PMO-Prime Minister’s Office

A.1 Only

B.2 Only

C.BOTH

D.None

Solution: d

Why? Frequently in news + There is lot of scope for UPSC to ask questions on NITI Aayog with its ever increasing participation in research[as a think tank] and development activities

Explanation:

Statement 1: A separate Division named ‘Project Appraisal Division’ was set up in the erstwhile Planning Commission in 1972 to undertake techno-economic appraisal of major projects and programmes in the public sector for facilitating investment decisions by the Government.

Hence STATEMENT 1 is INCORRECT.

Statement 2: It was reconstituted as Project Appraisal and Management Division (PAMD) on 6th January, 1994. The PAMD undertakes appraisal of public funded plan projects and schemes in consultation with the subject divisions of the NITI Aayog before these are considered for recommendation/decision by the Public Investment Board or Expenditure Finance Committee depending upon the nature of the project and project cost.

Hence STATEMENT 2 is INCORRECT.

Reference: http://niti.gov.in/content/project-appraisal#

8. ‘Paris Principles’, which are a set of International Standards, are related to

a) Central Information Commission

b) Central Vigilance Commission

c) National Commission for Women

d) National Human Rights Commission

Solution: d

Why?-NHRC retaining ‘A’ status of Accrediation [In news, February]

Explanation: The internationally agreed Paris Principles define the role, composition, status and functions of National human rights institutions.

NHRIs must comply with the Principles which identify their human rights objectives and provide for their independence, broad human rights mandate, adequate funding, and an inclusive and transparent selection and appointment process. The Principles are broadly accepted as the test of an institution’s legitimacy and credibility.

9. Which of the following Statements is/are INCORRECT?

Central Vigilance Commission is the only designated agency to take action against complainants making motivated or vexatious complaints.
The Director of Prosecution under the Directorate of Prosecution in CBI shall be appointed by the Central Government on the recommendation of CVC.

a) 1 Only

b) 2 Only

c) Both

d) None

Solution: d

Explanation:

Statement 1: The Commission(CVC) is also empowered as the only designated agency to take action against complainants making motivated or vexatious complaints.

Hence Statement 1 is CORRECT.

Statement 2: The Lokpal and Lokayuktas Act (2013) amended both the CVC Act (2003) and the Delhi Special Police Establishment Act ( 1946). After this amendment, The Director of Prosecution under the Directorate of Prosecution in CBI shall be appointed by the Central Government on the recommendation of the Central Vigilance Commission.

Hence Statement 2 is CORRECT.

Source: INDIAN POLITY-5^th EDITION-M LAXMIKANTH-CHAPTER 57

10.Who among the following is neither Chairman nor member of Selection Committee for choosing Director of Enforcement?

a) Central Vigilance Commissioner

b) CBI Director

c) Secretary, Department of Personnel and Training

d) Secretary, Ministry of Revenue

Solution: b

Explanation: The Central Vigilance Commissioner (CVC) is the Chairperson and the two Vigilance Commissioners along with Secretaries of M/o Home Affairs, D/o Personnel and Training and the D/o Revenue in M/o Finance are the Members of the Selection Committees, on whose recommendation the Central Government appoints the Director of Enforcement

Hence OPTION B is CORRECT.

Source: INDIAN POLITY-5^th EDITION-M LAXMIKANTH-CHAPTER 57

11: Which of the following Statements is/are CORRECT with respect to the Whistle Blowers Protection Act ( 2011)?

The vigilance commission shall not entertain anonymous complaints
Act provides for witness protection programme during investigation and trial
The Act defines ‘victimisation’ to include suspension, transfer, dilution of power, adverse entries in the service record, and punishments under disciplinary rules.

a) 1 Only

b) 2 and 3 Only

c) 3 Only

d) 1 and 2 Only

Solution: a

Why?-Important legislations have been asked in UPSC[ex: Gram Nyayalayas Act-UPSC 2016]

Statement 1: The Act does not allow anonymous complainants. But there are no clear provisions on what grounds the Vigilance Commission may reveal the identity of a complainant to the Head of an organisation. Some experts contend that allowing anonymous reporting provide protection to whistleblowers while others have expressed concern about difficulty of investigation and possibility of frivolous complaints. Countries such as the U.S., U.K., Canada and Australia have some provision to investigate anonymous complaints.

Hence Statement 1 is CORRECT.

Statement 2: The Act does not provide for witness protection programme to protect witnesses during investigation and trial. The Law Commission has recommended guidelines for witness identity protection.Countries such as the US, Canada, Australia, Germany, Italy and South Africa have witness protection programmes.

Hence Statement 2 is INCORRECT.

Statement 3: The Act does not define what constitutes victimisation. The definition given in the Statement is the definition suggested by the Law Commission.

Hence Statement 3 is INCORRECT

12. Which of the following is/are Correctly Matched?

National Foundation for Communal harmony-Ministry of Minority Affairs
Development Monitoring and Evaluation Group-Ministry of Finance
Central Administrative Tribunal-Ministry of Personnel

a) 1 and 3 Only

b) 3 Only

c) None

d) 1 and 2 Only

Solution: b

Explanation:

National Foundation for communal harmony-Ministry of Home Affairs

Central Administrative Tribunal-Ministry of Personnel

Development Monitoring and Evaluation Group-Ministry of Finance

13: 91^st and 97^th Constitutional Amendments, in terms of their effect, are closely related to which of the following fundamental rights?

a) Article 14

b) Article 19

c) Article 23

d) Article 28

Solution: b

Explanation:

91st Constitutional amendment is related to Anti-defection and 97^th Constitutional amendment is related to Cooperatives. Interestingly, while 97^th constitutional amendment upholds freedom to form association under Article 19, 91^st constitutional amendment has incidental negative fallout on other freedom related to same fundamental right i.e. freedom of speech and expression. [91^st constitutional amendment restricted the freedom of MPs and MLAs to voice their independent views in the legislative houses.]

14: Which of the following Statements is/are CORRECT?

While the Elections to the Legislative Assemblies are conducted by the Election Commission of India, the elections to the Legislative Councils are conducted by the concerned State Election Commissions.
The Superintendence, direction and control of conducting the elections to the offices of the President and Vice-President of India is governed by the Representation of the People Act, 1951.
If the Chief Election Commissioner and other Election Commissioners differ in opinion on any matter, such matter shall be decided by according to the opinion of the majority.

a) All

b) 1 and 2 Only

c) 3 Only

d) 2 Only

Solution: c

Statement 1: Article 324 (1) also vests in the Election Commission of India the powers of superintendence, direction and control of the elections to both Houses of the State Legislature. Detailed provisions are made under the Representation of the People Act, 1951 and the rules made thereunder.

Hence STATEMENT 1 is INCORRECT.

Statement 2: Under Article 324(1) of the Constitution of India, the Election Commission of India, interalia, is vested with the power of superintendence, direction and control of conducting the elections to the offices of the President and Vice-President of India. Detailed provisions are made under the Presidential and Vice Presidential Elections Act, 1952 and the rules made thereunder.

Hence STATEMENT 2 is INCORRECT

Statement 3: Section 10 of the Chief Election Commissioner and other Election Commissioners (Conditions of Service) Amendment Act, 1993 is reproduced below:-

(1) The Election Commission may be by unanimous decision, regulate the procedure for transaction of to business as also allocation of its business amongst the Chief Election Commissioner and their Election Commissioners.

(2) Save as provided in sub section (i) all business of the Election Commission shall, as far as possible, be transacted unanimously.

(3) Subject to the provisions of sub-section (ii), if the Chief Election Commissioner and other Election Commissioners differ in opinion on any matter, such matter shall be decided by according to the opinion of the majority.

Hence STATEMENT 3 is CORRECT

Reference: http://eci.nic.in/eci_main1/election-machinery.aspx

15.Which of the following statements is/are CORRECT?

While the Representation of the People Act, 1951 contains the qualifications and disqualifications for the membership of the houses of legislature, the Representation of the People Act, 1950 contains the qualifications of the voter.
Office of profit is defined in the Representation of the People Act ( 1951), but not in the Constitution.

a) 1 Only

b) 2 Only

c) Both

d) None

Solution: a

Why?-Important legislations have been asked in UPSC[ex: Gram Nyayalayas Act-UPSC 2016]

Explanation:

Statement 1:

The Representation of the People Act, 1950 did not contain all the provisions relating to elections but merely provided for the allocation of seats in and the delimitation of constituencies for the purpose of elections to the House of People and Legislatures of States, the qualifications of voter at such election and the preparations of electoral rolls.

The provisions for the actual conduct of elections to the Houses of Parliament and to the House or Houses of the Legislature of each State, the qualifications and disqualifications for the membership of these Houses, the corrupt practices and other election offences, and the decision of election disputes were all left to be made in a subsequent measure. In order to provide for these provisions, the Representation of the People Act, 1951 was enacted.

Hence Statement 1 is CORRECT.

Statement 2:

Office of Profit is defined neither in the Constitution nor in the Representation of the People Act, 1951. But 2^nd ARC and Supreme Court Judgments have provided some clarity on office of profit through few guidelines for determining what constitutes “Office of Profit”.

Hence Statement 2 is INCORRECT.

Source: Source: INDIAN POLITY-5^th EDITION-M LAXMIKANTH-CHAPTER 70

16: Which of the following statements is/are CORRECT?

The Lokpal and Lokayuktas (Amendment) Act, 2016 requires a public servant to declare his assets and liabilities, and that of his spouse and dependent children.
50% of the members of the Lokpal shall come from amongst the SCs, the STs, the OBCs, minorities and women.
Institutions which are financed fully or partly by Government are under the jurisdiction of Lokpal, but institutions aided by Government are excluded.

a) 1 and 2 Only

b) 2 and 3 Only

c) 1 and 2 Only

d) All

Solution: b

Why?-In news

Explanation:

Statement 1: The Original Act required the public servant to declare his/her assets and liabilities, and that of his/her spouse and dependent children. But the amendments in 2016 relaxed this requirement only to the declaration of his/her assets and liabilities.

Hence Statement 1 is INCORRECT

Statement 2 and 3: FACTUAL

Both are CORRECT.

Additional information:

The Lokpal to consist of a Chairperson with a maximum of 8 members of which 50% shall be judicial members. 50% of the members of the Lokpal shall come from amongst the SCs, the STs, the OBCs, minorities and women.

The selection of the Chairperson and the members of Lokpal shall be through a Selection Committee consisting of the Prime Minister, the Speaker of the Lok Sabha, the Leader of the Opposition in the Lok Sabha,the Chief Justice of India or a sitting Supreme Court Judge nominated by the Chief Justice of India and an eminent jurist to be nominated by the President of India on the basis of recommendations of the first four members of the selection committee.

A Search Committee will assist the Selection Committee in the process of selection. 50% of the members of the Search Committee shall also be from amongst the SCs, the STs, the OBCs, minorities and women.

Source: INDIAN POLITY-5^th EDITION-M LAXMIKANTH-CHAPTER 59

17: Which of the following Statements is/are CORRECT with respect to Anglo-Indian Community?

This community is both a religious and linguistic minority.
As per the Constitution, an Anglo-Indian means “a person whose father or any of whose other male progenitors in the male line is or was of British descent but who is domiciled within the territory of India and is or was born within such territory of parents habitually resident therein and not established there for temporary purposes only”.

a) 1 only

b) 2 Only

c) Both

d) None

Solution: a

Statement 1: The reason for the special representation to the Anglo-Indians is as follows: “Anglo-Indians constitute a religious, social, as well as a linguistic minority. These provisions were necessary, for, otherwise, being numerically an extremely small community, and being interspersed all over India, the Anglo-Indians could not hope to get any seat in any legislature through election”

Hence STATEMENT 1 IS CORRECT.

Statement 2: Unlike in the case of SCs, STs and OBCs, the Constitution has defined the persons who belong to the Anglo-Indian community. Accordingly, ‘an Anglo-Indian means a person whose father or any of whose other male progenitors in the male line is or was of European descent [Not British] but who is domiciled within the territory of India and is or was born within such territory of parents habitually resident therein and not established there for temporary purposes only’.

Hence STATEMENT 2 IS INCORRECT.

Source: INDIAN POLITY-5^th EDITION-M LAXMIKANTH-CHAPTER 66

18. Assertion(A): Parliament has no power over inclusion and exclusion of Castes into SCs and STs.

Reason(R): The Constitution leaves to the President the power to specify as to what castes or tribes in each state and union territory are to be treated as the SCs and STs.

(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

(D) A is false, but R is true

Solution: d

Why?-In the context of demands for inclusion and exclusion into OBCs

Explanation: The Constitution does not specify the castes or tribes which are to be called the SCs or the STs. It leaves to the President the power to specify as to what castes or tribes in each state and union territory are to be treated as the SCs and STs. Thus, the lists of the SCs or STs vary from state to state and union territory to union territory. In case of the states, the President issues the notification after consulting the governor of the state concerned. But, any inclusion or exclusion of any caste or tribe from Presidential notification can be done only by the Parliament and not by a subsequent Presidential notification. Presidents have issued several orders specifying the SCs and STs in different states and union territories and these have also been amended by the Parliament.

19: Assertion(A): If an MP votes against or refrains from voting to a Presidential candidate who is fielded by the Political party on whose ticket MP has been elected, she/he will not be disqualified on the grounds of defection.

Reason(R): Anti defection law does not apply to Presidential elections

(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

(D) A is false, but R is true

Solution: a

Explanation: The Election Commission of India has clarified that the anti-defection law does not apply to Presidential Elections.

“Accordingly, in the Commission’s opinion, the voting or not voting as per his/her own free will at the Presidential election will not come within the ambit of disqualification under the Tenth Schedule to the Constitution of India and the electors are at liberty to vote or not to vote at the Presidential election as per their own free will and choice,” the clarification stated.

Reference: http://www.livelaw.in/anti-defection-law-not-apply-presidential-elections-eci-issues-clarification/

20: Establishment of Tribunals under Article 323B are authorized for adjudication of disputes related to which of the following matters ?

Rent and Tenancy Rights
Food stuffs
Public Service
Foreign exchange, import and export

a) 2 Only

b) 2 ,3 and 4 Only

c) 2 and 3 Only

d) 1,2 and 4 Only

Solution: d

Explanation:

While Article 323 A contemplates establishment of tribunals for public service matters only, Article 323 B contemplates establishment of tribunals for certain other matters (mentioned below). [HENCE 3 has to be excluded]

Under Article 323 B, the Parliament and the state legislatures are authorised

to provide for the establishment of tribunals for the adjudication of disputes

relating to the following matters:

(a) Taxation

(b) Foreign exchange, import and export

(d) Land reforms

(e) Ceiling on urban property

(f) Elections to Parliament and state legislatures

(g) Food stuffs

(h) Rent and tenancy rights

Hence the answer is D.

Source: INDIAN POLITY-5^th EDITION-M LAXMIKANTH-CHAPTER 63