INSIGHTS REVISION TEST for Preliminary Exam 2018: Test – 50 (Polity)

Answer – b

• Inter-State Council and the standing committee of the Inter-State Council have been reconstituted recently. It does not meet regularly as recently Inter-State Council met after a gap of 12 years.

Hence, statement 1 is incorrect.

• Standing Committee of the Council was set up in 1996 for continuous consultation and processing of matters for the consideration of the council. The Committee consists of following members
  • Union Home minister
  • Five Union Cabinet Ministers
  • Nine Chief Ministers
• Composition of ISC
  • Prime Minister as the Chairman
  • Chief Ministers of all the States
  • Chief Ministers of Union Territories having Legislative Assemblies
  • Administrators of the Union Territories not having Legislative Assemblies
  • Governors of the States under thePresident’s rule
  • Six Central Cabinet Ministers, including Home Minister, to be nominated by the PM

Hence, statement 2 is correct.

Answer – a

• Article 35A was incorporated into the Constitution in 1954 by a Presidential order issued under Article 370 (1) (d) of the Constitution. It was not added to the Constitution through amendment under Article 368.

Hence, statement 1 is correct and statement 3 is incorrect

• Article 35A of the constitution empowers J&K legislature to define state’s “permanent residents” and their special rights and privileges without attracting a challenge on grounds of violating the Right to Equality of people from other States or any other right under the Constitution. Article 35A protects certain provisions of the J&K Constitution which denies property rights to native women who marry from outside the State. The denial of these rights extend to her children also

Hence, statement 2 is correct

Answer – d

• As per constitutional provisions, the total number of seats for STs should be in proportion to the population. Thus the amendments in the Second Schedule to the RP Act, 1950 is proposed whereby total seats in Sikkim Legislative Assembly will be 40 in place of existing 32.
• Special constitutional provisions to Sikkim under Article 371(f) have allowed government to make the proposed changes without constituting a fresh delimitation commission as the Article 170 of the Constitution (related to composition of assemblies and some provisions of delimitation for them) does not apply to Sikkim.

By 31^st amendment act delimitation exercise or delimitation act doesn’t apply to states and union territories having population less than 6million. Hence Sikkim falls under this category.

Answer – d

Special Provisions for states under Article 371
Articles 371 to 371-J in part XXI of the constitution contain special provisions for 11 states viz-

• Article 371-Maharashtra and Gujarat
• Article 371A- Nagaland
• Article 371B- Assam
• Article 371C- Manipur
• Articles 371D & E- Andhra Pradesh
• Article 371F- Sikkim
• Article 371-G- Mizoram
• Article 371H- Arunachal Pradesh
• Article 371I- Goa
• Article 371J- Karnataka

Answer – c

• LG of Delhi enjoys greater powers than the LG of Puducherry. The LG of Delhi has “Executive Functions” that allow him to exercise his powers in matters connected to public order, police and land “in consultation with the Chief Minister, if it is so provided under any order issued by the President under Article 239 of the Constitution.
• According to Article 244, the President has powers to make regulations for a UT unless there is a legislature for that State. Even if there is a legislature, the Administrator can reserve it for the
  assent of President, who might reject it, except a money bill.
• The Governor appoints the CM in States but the President appoints the CM and Ministers for UTs, who will hold office during the President’s pleasure.

Answer – a

• In Pradyut Bordoloi vs Swapan Roy (2001), the Supreme Court outlined the following questions for the test for office of Profit:
• Whether the government makes the appointment;
• Whether the government has the right to remove or dismiss the holder;
• Whether the government pays the remuneration;
• What are the functions of the holder and does he perform them for the government; and
• Does the government exercise any control over the performance of those functions
• Further in Jaya Bacchan v. Union of India case SC defined it as “an office which is capable of yielding a profit or pecuniary gain.” thus it is not the actual ‘receipt’ of profit but the ‘potential’ for profit that is the deciding factor in an ‘office of profit’ case

Answer – c

• Parliament sittings have reduced from 120 days/year to 65-70 days/year over the decades. Hence, statement 1 is incorrect
• By convention, Parliament meets for three sessions in a year: the Budget session which is held towards the beginning of the year, a three-week Monsoon session (July-August) and Winter session (November-December). The Constitution does not specifically say that when or for how many days should the Parliament meet.

Hence, statement 2 is incorrect

• Article 85 of the constitution only requires that there should not be a gap of more than six months between two parliamentary sessions. The same applies to state legislatures.

Answer – c

• The office of Whip, in India, is mentioned neither in the Constitution nor in the rules of the house, nor in the Parliamentary statutes. It is based on the conventions of the Parliamentary government. In India, the concept of the whip was inherited from colonial British rule. Hence, statement 1 is correct
• 18th All India Whips’ Conference was held in January 2018. Organizing the All India Whips Conference is one of the functions assigned to the Ministry of Parliamentary affairs, under Government of India (Allocation of Business) Rules, 1961 made under Article 77(3). Hence, statement 2 is correct

Answer – b

• Under the Montague-Chelmsford Reforms of 1919, cooperation became a provincial subject and the provinces were authorised to make their own cooperative laws. This categorization carried on to GOI Act, 1935. It is a State Subject under entry No.32 (7^th schedule) of the State List of the Constitution of India

Other constitutional provisions

• Part IV, Article 43 as a Directive Principle which enjoins the State Government to promote cottage industry on an individual or cooperative basis in rural areas
• Article 19(1)(c) as ‘Right to form Associations or Unions

Answer – d

91st Amendment Act of 2003 has made the following provisions

• A member of either House of Parliament belonging to any political party who is disqualified on the ground of defection shall also be disqualified to be appointed as a minister. Hence, statement 1 is incorrect
• A member of either House of Parliament or either House of a State Legislature belonging to any political party who is disqualified on the ground of defection shall also be disqualified to hold any remunerative political post. Hence, statement 2 is incorrect
• The expression “remunerative political post” means (i) any office under the Central Government or a state government where the salary or remuneration for such office is paid out of the public revenue of the concerned government; or (ii) any office under a body, whether incorporated or not, which is wholly or partially owned by the Central Government or a state government and the salary or remuneration for such office is paid by such body, except where such salary or remuneration paid is compensatory in nature (Article 361-B).

Answer – a

• In the First Judges case (1982), the Court held that consultation does not mean concurrence and it only implies exchange of views.
• But, in the Second Judges case (1993), the Court reversed its earlier ruling and changed the meaning of the word consultation to concurrence. The Chief Justice would tender his advice on the matter after consulting two of his seniormost colleagues.
• In the third judges case (1998), the Court opined that the consultation process to be adopted by the Chief justice of India requires ‘consultation of plurality judges’. He should consult a collegium of four seniormost judges of the Supreme Court and even if two judges give an adverse opinion, he should not send the recommendation to the government.

Answer – a

A person to be appointed as a judge of the Supreme Court should have the following qualifications:

1. He should be a citizen of India. Hence, statement 1 is correct
   2. (a) He should have been a judge of a High Court (or high courts in succession) for five years; Hence, statement 3 is incorrect
   or (b) He should have been an advocate of a High Court (or High Courts in succession) for ten years;

or (c) He should be a distinguished jurist in the opinion of the president.

Constitution has not prescribed a minimum age for appointment as
a judge of the Supreme Court. Hence, statement 2 is incorrect

Answer – a

• Konkani is the official language of the state of Goa and it is one of 22 scheduled languages mentioned in the 8th schedule of the Constitution. Hence, statement 1 is correct.
• It is spoken all along the Konkan and Malabar coasts. Konkani speakers are an influential minority in Karnataka and Kerala too. Konkani is the only language that is written in five different scripts – Roman, Devnagri, Kannada, Persian Arabic and Malayam.
• Konkani was accorded the official language of Goa status in 1987. Hence, statement 2 is incorrect

Answer – d

• The idea of Directive Principles of State Policy was borrowed from Irish Constitution of 1937. Hence, statement 1 is correct
• Directive Principles resemble the ‘Instrument of Instructions’ enumerated in the Government of India Act of 1935. In the words of Dr B R Ambedkar, ‘the Directive Principles are like the instrument of instructions, which were issued to the Governor-General and to the Governors of the colonies of India by the British Government under the Government of India Act of 1935. What is called Directive Principles is merely another name for the instrument of instructions. The only difference is that they are instructions to the legislature and the executive’.

Hence, statement 2 is correct

• 44th Amendment Act of 1978 added one more Directive Principle, which requires the State to minimise inequalities in income, status, facilities and opportunities (Article 38). Hence, statement 3 is correct

Answer – a

• Swaran Singh Committee suggested the incorporation of eight Fundamental Duties in the Constitution, the 42nd Constitutional Amendment Act (1976) included ten Fundamental Duties
• Certain recommendations of the Committee were not accepted by the Congress Party and hence, not incorporated in the Constitution.

1. Parliament may provide for the imposition of such penalty or punishment as may be
   considered appropriate for any non-compliance with or refusal to observe any of the duties
2. No law imposing such penalty or punishment shall be called in question in any court on the
   ground of infringement of any of Fundamental Rights or on the ground of repugnancy to any
   other provision of the Constitution
3. Duty to pay taxes should also be a Fundamental Duty of the citizens

Answer – b

Explanation

In respect of matters on which both the Parliament and the state legislatures have power of legislation (i.e., the subjects enumerated in the Concurrent List), the executive power rests with the states except when a Constitutional provision or a parliamentary law specifically confers it on the Centre.

Answer – d

Explanation

• President may, with the consent of the state government, entrust to that government any of the executive functions of the Centre. Conversely, the governor of a state may, with the consent of the Central government, entrust to that government any of the executive functions of the state
• Constitution also makes a provision for the entrustment of the executive functions of the Centre to a state without the consent of that state. But, in this case, the delegation is by the Parliament and not by the president. Notably, the same thing cannot be done by the state legislature.

Answer – b

Explanation

• A state legislature can impose tax on the consumption or sale of electricity. But, no tax can be imposed on the consumption or sale of electricity which is (a) consumed by the Centre or sold to the Centre; or (b) consumed in the construction, maintenance or operation of any railway by the Centre or by the concerned railway company or sold to the Centre or the railway company for the same purpose
• A state legislature can impose a tax in respect of any water or electricity stored, generated, consumed, distributed or sold by any authority established by Parliament for regulating or developing any inter-state river or river valley. But, such a law, to be effective, should be reserved for the president’s consideration and receive his assent.

Answer – b

Explanation

Zonal Councils are the statutory (and not the constitutional) bodies. They are established by an Act of the Parliament, that is, States Reorganisation Act of 1956. The act divided the country into five zones (Northern, Central, Eastern, Western and Southern) and provided a zonal council for each zone. (Hence statement 1 is incorrect)

The home minister of Central government is the common chairman of the five zonal councils. Each chief minister acts as a vice chairman of the council by rotation, holding office for a period of one year at a time. (Hence statement 2 is correct).

Answer – b

Explanation

• Article 263 contemplates the establishment of an Inter-State Council to effect coordination between the states and between Centre and states. Thus, the President can establish such a council if at any time it appears to him that the public interest would be served by its establishment. He can define the nature of duties to be performed by such a council and its organisation and procedure
• Under the above provisions of Article 263, the president has established the following councils to make recommendations for the better coordination of policy and action in the related subjects:
  • Central Council of Health.
  • Central Council of Local Government and Urban Development.3
  • Four Regional Councils for Sales Tax for the Northern, Eastern, Western and Southern Zones.
• The Central Council of Indian Medicine and the Central Council of Homoeopathy were set up under the Acts of Parliament

Solution: c

Justification:

Let the quantities of milk and water be 5x litres and 3x litres respectively.

After selling the mixture, the quantities of remaining milk and water respectively are,

5x – (5/8 of 40) = 5x – 25        and        3x – (3/8 of 40) = 3x – 15

After adding 15 litres of water, the quantities of remaining milk and water respectively are,

5x – 25          and        3x – 15 + 15 = 3x

The new ratio = (5x-25)/3x = 5:4

20x – 100 = 15x

5x = 100

x = 20.

New quantity of mixture = 5x – 25 + 3x

= 8x – 25

= 160 -25

= 135 litres

Solution: a

Justification:

The ratio of shares in the profit = Ratio of products of the investments and the time period

9:7 = 36000 × 12 : (Varsha’s investement) × (12-4)

Varsha’s investment × 8 × 9 = 36000 × 12 × 7

Varsha’s investment = (36000 × 12 × 7)/(8×9)

Varsha’s investment = Rs. 42000

Solution: a

Justification:

Let the age of father be ‘x’ years.

Therefore, the age of son = 39 – x years.

Five years ago, age of the father = x – 5 years.

Five years ago, age of the son = 39 – x – 5 years.

The product = 28 = (x – 5) (39 – x – 5)

(x – 5) (34 – x) = 28

39x – x² – 170 = 28

x² – 39x + 198 = 0

x² – 33x – 6x + 198 = 0

x (x – 33) – 6 (x – 33) = 0

(x – 33) (x – 6) = 0

x = 33 or x = 6

Father’s age = 33 years and son’s age = 6 years.

Solution: c

Justification:

Let the distance be ‘d’ km.

Let the speed of the boat and the stream be ‘b’ km/h and ‘s’ km/h respectively.

Thus, the time taken by the boat downstream = d / (b + s) = 12

b + s = d/12                                 …..(Eq1)

Time taken by the boat upstream = d / (b – s) = 24

b – s = d/24                                 ……(Eq2)

Adding Eq1 and Eq2, we get

2b = (d/12) + (d/24) = d/8

b = d/16

d = 16b

Since distance = time × speed,

Time taken by the boat in still water = 16 hours.

Solution: d

Justification:

When a dice is thrown twice, there are 6 × 6 = 36 possibilities.

The desired events are (6,1), (6,2), (6,3), (6,4), (6,5), (6,6), (5,6), (4,6), (3,6), (2,6) and (1,6).

There are 11 desired events.

Hence, the probability = 11/36