INSIGHTS REVISION TEST for Preliminary Exam 2018: Test – 49 (Polity)

Answer – c

• In Cooper case (1970), the Supreme Court held that the President’s satisfaction can be questioned in a court on the ground of malafide. This means that the decision of the President to issue an ordinance can be questioned in a court on the ground that the President has prorogued one House or both Houses of Parliament deliberately with a view to promulgate an ordinance on a controversial subject, so as to bypass the parliamentary decision and thereby circumventing the authority of the Parliament.
• An ordinance is subject to the same constitutional limitation as an act of Parliament. Hence, an ordinance cannot abridge or take away any of the fundamental rights.

Answer – d

• National Committee to Review the Working of the Constitution was set up by a resolution of Government of India in 2000. It was headed by former CJI M Venkatachaliah.
• The terms of reference clearly specified that the commission should recommend changes that are required to be made in the Constitution within the framework of parliamentary democracy and without interfering with the ‘basic structure’ or ‘basic features’ of the Constitution

Answer – d

• A State Human Rights Commission can inquire into violation of human rights only in respect of subjects mentioned in the State List (List-II) and the Concurrent List (List-III) of the Seventh Schedule of the Constitution. However, if any such case is already being inquired into by the National Human Rights Commission or any other Statutory Commission, then the State Human Rights Commission does not inquire into that case.
• State Human Rights Commission is a multi-member body consisting of a chairperson and two members. The chairperson and members are appointed by the Governor on the recommendations of a committee consisting of the chief minister as its head, the speaker of the Legislative Assembly, the state home minister and the leader of the opposition in the Legislative Assembly. In the case of a state having Legislative Council, the chairman of the Council and the leader of the opposition in the Council would also be the members of the committee.

Answer – b

• A M Ahmadi Committee set up by NHRC.
• It recommended that the Commission should be empowered to inquire into any matter after the expiry of one year, if there is sufficient reason for not filing the complaint within the said period.
• It also recommended that the definition of the ‘armed forces’ should be changed in a way that it includes only navy, army and air force, not para-military forces.

Answer – a

The term of the fifth Lok Sabha that was to expire on 18 March, 1976, was extended by one year upto 18 March, 1977 by the House of the People (Extension of Duration) Act, 1976. It was extended for a further period of one year up to 18 March, 1978 by the House of the People (Extension of Duration) Amendment Act, 1976. However, the House was dissolved on
18 January 1977, after having been in existence for a period of five years, 10 months and six days.

Answer – c

• Originally, the Constitution (Article 105) expressedly mentioned two privileges, that is, freedom of speech in Parliament and right of publication of its proceedings. With regard to other privileges, it
  provided that they were to be the same as those of the British House of Commons, its committees and its members on the date of its commencement (ie, 26 January, 1950), until defined by Parliament.
• The 44th Amendment Act of 1978 provided that the other privileges of each House of Parliament, its committees and its members by dropping a direct reference to the British House of Commons, without making any change in the implication of the provision.

Answer – d

• All property and assets that were vested in the Dominion of India or a province or an Indian princely state, before the commencement of the present Constitution, became vested in the Union or the corresponding state.
  Similarly, all rights, liabilities and obligat-ions of the government of the dominion of India or a province or an Indian state would now be the rights, liabilities and obligations of the Government of India or the corresponding state
• Parliament as well as the state legislatures are empowered to make laws for the compulsory acquisition and requisitioning of private property by the governments. Further, the 44^th Amendment Act (1978) has also abolished the constitutional obligation to pay compensation in this regard except in two cases: (a) when the government acquires the property of a minority educational institution; and (b) when the government acquires the land held by a person under his personal cultivation and the land is within the statutory ceiling limits

Answer – b

• Article 300 declares that the Union of India or states can sue or be sued in relation to their respective affairs in the like cases as the dominion of India and the corresponding provinces or Indian states might have sued or been sued before the Constitution. This provision is subject to any law made by Parliament or a state legislature. But, no such law has been enacted so far. Hence, at present, the position in this respect remains the same as it existed before the Constitution.
• In the pre-Constitution period (i.e., from the days of the East India Company up to the commencement of the Constitution in 1950), the government was suable for contracts but not for torts (wrongs committed by its servants) in respect of its sovereign functions.

Answer – c

• The Constitution confers certain immunities to the president of India and governor of states with regard to their official acts and personal acts
• Constitution does not grant any immunity to the ministers for their official acts. But, since they are not required to countersign (as in Britain) the official acts of the president and the governors, they are not liable in the courts for those acts.
• The judicial officers enjoy immunity from any liability in respect of their official acts and hence, cannot be sued.
• Civil servants are conferred personal immunity from legal liability for official contracts.

Answer – d

• Constitution of India adopted by the Constituent Assembly on November 26, 1949, was in the English language. A Hindi translation of the Constitution, singed by the members of the Constituent Assembly, was also published in 1950 under the authority of the President of the Constituent Assembly
• Constitution of India did not make any provision with respect to an authoritative text of the Constitution in the Hindi language. Later, a provision in this regard was made by the 58th Constitutional Amendment Act of 1987. This amendment inserted a new Article 394-A in the last part of the Constitution i.e., Part XXII.
• President shall cause the constitution to be published under his authority in Hindi.

Answer – b

• 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.
• Constitution has neither specified the BCs nor used a single uniform expression to characterise the BCs. The Constitution has used various expressions like ‘socially and educationally backward classes of citizens’ in Article 15, ‘backward class of citizens’ in Article 16, ‘weaker sections of the people’ in Article 46 and again ‘socially and educationally backward classes’ in Article 340
• Unlike in the case of SCs, STs and OBCs, the Constitution has defined the persons who belong to the Anglo-Indian community.

Answer – b

• President should set up a National Commission for the SCs to investigate all matters relating to the constitutional safeguards for the SCs and to report to him (Article 338)
• National Commission for SCs is also required to discharge similar functions with regard to the OBCs and the Anglo-Indian Community as it does with respect to the SCs.

Answer – c

• Delimitation Commission Act of 1952 which provides for the readjustment of seats, delimitation and reservation of territorial constituencies and other related matters.
• Constitution declares that the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies cannot be questioned in any court. Consequently, the orders issued by the Delimitation Commission become final and cannot be challenged in any court.

Answer – c

• Administrative Tribunals Act of 1985 made under Article 323A, empowers the Central government to establish the State Administrative Tribunals (SATs) on specific request of the concerned state governments. So far (2013), the SATs have been set up in the nine states
• 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
• Taxation
• Foreign exchange, import and export
• Industrial and labour
• Land reforms
• Ceiling on urban property
• Elections to Parliament and state legislatures
• Food stuffs
• Rent and tenancy rights

While tribunals under Article 323 A can be established only by Parliament, tribunals under Article 323 B can be established both by Parliament and state legislatures with respect to matters falling within their legislative competence.

Answer – c

All-India Services Act of 1951 specifies that senior posts not exceeding thirty-three and one third per cent in the Indian Administrative Service (IAS), Indian Police Service (IPS) and Indian Forest Service (IFS) are required to be filled in by promotion of officers employed in the state services. Such promotions are made on the recommendation of selection committee constituted for this purpose in each state. Such a committee is presided over by the Chairman or a member of UPSC.

Answer – b

Under Article 312, Parliament can create new all-India services (including an all-India judicial service), if the Rajya Sabha passes a resolution declaring that it is necessary or expedient in the national
interest to do so. Such a resolution in the Rajya Sabha should be supported by two-thirds of the members present and voting. This power of recommendation is given to the Rajya Sabha to protect the interests of states in the Indian federal system.

Answer – a

• The following features were borrowed from Government of India Act of 1935- Federal scheme, Office of Governor, Judiciary, Public Service Commission, Emergency provisions and administrative details.
• Removal of Supreme court and High court Judges was borrowed from United States of America Constitution
• Ideals of liberty, equality and fraternity were borrowed from French Constitution. But the ideal of justice – social, economic and political- was borrowed from USSR’s (Russia) Constitution.

Answer – a

All fall under Ministry of Personnel.

Answer – b

• The Commission consists of a State Chief Information Commissioner and not more than ten State Information Commissioners. The number of State Information Commissioners varies from one state to another state.
• They are appointed by the Governor on the recommendation of a committee consisting of the Chief Minister as Chairperson, the Leader of Opposition in the Legislative Assembly and a State Cabinet Minister nominated by the Chief Minister
• The Commission submits an annual report to the State Government on the implementation of the provisions of this Act. The State Government places this report before the State Legislature

Answer – a

• Ninth schedule of the Constitution of India includes Acts and Regulations (originally 13 but presently 282) of the state legislatures dealing with land reforms and abolition of the zamindari system and of the Parliament dealing with other matters.
• This schedule 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. Article 31B was also added by the 1st Amendment.
• However, in 2007, the Supreme Court in I.R. Cohelo vs State of Tamil Nadu case ruled that the laws included in this schedule after April 24, 1973, are now open to judicial review. Such laws are open to challenge in the court if they violate fundamental rights guaranteed under Articles 14, 15, 19 and 21 or the ‘basic structure’ of the Constitution.

Solution: b

Justification:

The distance between the houses = 24km.

The relative speed of both the persons = 10 + 8 = 18 km/hr

Time taken by both to meet each other = Distance/Relative speed = 24/18

= 4/3 hours

= 1 hour 20 mins.

Hence, they will meet at 9:20am.

Solution: a

Justification:

Let the Cost Price of the book be Rs.x

Initial Selling Price of the book = x + 6% of x = 1.06x

Final Selling Price of the book = x – 6% of x = 0.94x

The difference = 1.06x – 0.94x = 0.12x

But 0.12x = Rs.9

x = 9/(0.12) = Rs.75

Solution: d

Justification:

CI for first year = 8% of Rs.5000 = Rs.400

Principle for second year = Rs.5000 + Rs.400 = Rs.5400

CI for second year = 10% of Rs.5400 = Rs.540

Principle for third year = Rs.5400 + Rs.540 = Rs.5940

CI for third year = 15% of Rs.5940 = Rs.891

Total amount after 3 years = Rs.5940 + Rs.891 = Rs.6831

CI for 3 years = Rs.6831 – Rs.5000 = Rs.1831

Solution: b

Justification:

Since the work done is directly proportional to the men and the time we have to equate the product of men and number of hours. i.e.

Men required × 6 × 20 = 25 × 36 × 10

The men required =  = 75

Solution: c

Justification:

In 10 digits numbers, the first digit has to be only 1.

In the remaining 9 places, any of 0 and 1 can be placed.

So, each of these 9 places can be filled in 2 ways.

Hence, the number of ways = 2×2×2×2×2×2×2×2×2 = 2⁹