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SOLUTIONS – INSIGHTS REVISION TEST for Preliminary Exam 2018: Test – 63(Polity)

SOLUTIONS

INSIGHTS REVISION TEST for Preliminary Exam 2018: Test – 63(polity)

 

1) Consider the following about appointment of judges in Supreme Court

  1. In the Second Judge Case, the Court has held that advice tendered by the CJI after consulting four seniormost judges will be binding on the President.
  2. The senior most judges in the High Courts are to be recommended for appointment in the Supreme Court.

Select from the code below

a) 1 only

b) 2 only

c) Both

d) None

Answer – d

Explanation

  • 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’. The sole opinion of the chief justice of India does not constitute the consultation process. 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.

Hence statement 1 is incorrect.

 

  • There is no explicit provision for senior most judge for the first appointment. Many judges in the past have been appointed without any due to seniority. However in the controversy over appointment of Justice Joseph, the government has opined that there are 11 judges senior to him and thus his appointment is being delayed.

Hence statement 2 is incorrect.

 

2) Consider the following about Alternative dispute resolution (ADR) mechanisms

  1. Civil Procedure Code 1908 provides for out of court settlement.
  2. Criminal Courts hearing issues under Section 498A of IPC cannot ask for mediation under Civil Procedure Code.

Select from the code below

a) 1 only

b) 2 only

c) Both

d) None

Answer – a

Explanation

  1. Civil Procedure Code (CPC), 1908, was amended to include Section 89, which codified different mechanisms for such out-of-court resolutions. It also provided legislative impetus to court-connected mediation, which is a model that enables sitting judges to refer cases before them for mediation. However, it was not until the Supreme Court’s decision in Salem Advocate Bar Association v Union of India (2005) that a framework for court-connected mediation centres was established and model rules formulated.

Hence statement 1 is correct.

 

  1. Supreme Court’s decision in Srinivas Rao (2013) held that criminal courts should refer Section 498A (IPC) cases for mediation. \

Hence statement 2 is incorrect.

 

 

3) Consider the following

  1. RPA, 1951 decides the tenure of Rajya Sabha MP, not Constitution.
  2. At the time of emergency, President can extend the tenure of Parliament by 1 year.

Select the right statements

a) 1 only

b) 2 only

c) Both

d) None

Answer – a

  • The Constitution has not fixed the term of office of members of the Rajya Sabha and left it to the Accordingly, the Parliament in the Representation of the People Act (1951) provided that the term of office of a member of the Rajya Sabha shall be six years. The act also empowered the president of India to curtail the term of members chosen in the first Rajya Sabha. In the first batch, it was decided by lottery as to who should retire.

Hence statement 1 is correct.

 

  • The term of the Lok Sabha can be extended during the period of national emergency be a law of Parliament for one year at a time for any length of time. However, this extension cannot continue beyond a period of six months after the emergency has ceased to operate.

Hence statement 2 is incorrect.

 

4) Consider the following

  1. It is the responsibility of Election Commission to investigate and dismiss MPs according to RPA, 1951.
  2. A candidate for Rajya Sabha for the reserved SC/ST seat should be from that state.

Select the right statements

a) 1 only

b) 2 only

c) Both

d) None

Answer – d

  • On the question whether a member is subject to any of the disqualifications under RPA, 1951, the president’s decision is final. However, he should obtain the opinion of the election commission and act

Hence statement 1 is incorrect.

 

  • There is no reservation of seats for SC and ST in Rajya Sabha. Additionally the candidate contesting for Seat in Rajya Sabha need not be from same state.

Hence statement 2 is incorrect.

https://rajyasabha.nic.in/rsnew/council_state/council_state.asp

5) Consider the following

  1. Panel of Chairpersons of Loksabha contains atleast 10 members.
  2. The recruitment of Secretary General of Rajya Sabha is regulated by Parliament, but appointment by presiding officer.

Select the correct code

a) 1 only

b) 2 only

c) Both

d) None

Answer – b

  • Under the Rules of Lok Sabha, the Speaker nominates from amongst the members a panel of not more than ten chairpersons. Any of them can preside over the House in the absence of the Speaker or the Deputy Speaker

Hence statement 1 is incorrect.

 

  • Each House of Parliament has separate secretarial staff of its own, though there can be some postscommon to both the Houses. Their recruitment and service conditions are regulated by Parliament. The secretariat of each House is headed by a secretary-general. He is a permanent officer and is appointed by the presiding officer of the House.

Hence statement 2 is correct.

 

6) Consider the following

  1. Rajyasabha is never adjourned because it is a continuing chamber in Parliament.
  2. Speaker of Loksabha prorogues the House on completion of agenda of the session.

Select the codes below

a) 1 only

b) 2 only

c) Both

d) None

Answer – d

  • Rajyasabha is never dissolved. It is prorogued after every session like Loksabha. The house can be adjourned when the agenda of the day can’t be taken up because of lack of quorum. Unlike a prorogation, a dissolution ends the very life of the existing House, and a new House is constituted after general elections are held.

Hence statement 1 is incorrect.

 

  • 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.

Hence statement 2 is incorrect.

 

7)  Consider the following

  1. Previlege motion can be brought against any member of the Parliament.
  2. Adjournment motion adjourns the House for indefinite period unless called by the Speaker.
  3. All Resolutions must be voted upon, unlike Motions.

Select the right codes

a) 1 and 2 only

b) 3 only

c) 2 and 3 only

d) All of the above

Answer – b

  • Privilege Motion is concerned with the breach of parliamentary privileges by a minister. It is moved by a member when he feels that a minister has committed a breach of privilege of the House or one or more of its members by withholding facts of a case or by giving wrong or distorted facts. Its purpose is to censure the concerned minister

Hence statement 1 is incorrect.

 

  • Adjournment Motion 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.

Hence statement 2 is incorrect.

 

  • All resolutions come in the category of substantive motions, that is to say, every resolution is aparticular type of motion. All motions need not necessarily be substantive. Further, all motions are not necessarily put to vote of the House, whereas all the resolutions are required to be voted upon.

Hence statement 3 is correct.

 

8) Consider the following about the bills in Parliament

  1. Its publication in the Gazette of India occurs in third stage of the bill.
  2. Select Committee of the House in which the bill originated can also discuss underlying principles besides its clauses.

Select from the codes below

a) 1 only

b) 2 only

c) Both

d) None

Answer – d

The member who wants to introduce the bill has to ask for the leave of the House. When the House grants leave to introduce the bill, the mover of the bill introduces it by reading its title and objectives. No discussion on the bill takes place at this stage. Later, the bill is published in the Gazette of India. (It is the first session not the third session. Hence statement 1 is incorrect.) If a bill is published in the Gazette before its introduction, leave of the House to introduce the bill is not necessary.

 

  • The committee examines the bill thoroughly and in detail, clause by clause. It can also amend its provisions, but without altering the principles underlying it.

Hence statement 2 is incorrect.

 

9) Consider the following

  1. Every kind of financial bill should be introduced after the assent of President only.
  2. Financial bill under Article 117(3) can also be introduced by Rajyasabha

Select the right code

a) 1 only

b) 2 only

c) Both

d) None

 

Answer – b

Financial bills are of three kinds

  1. Money bills—Article 110
  2. Financial bills (I)—Article 117 (1)
  3. Financial bills (II)—Article 117 (3)
  • In two respects, a financial bill (I)is similar to a money bill—(a) both of them can be introduced only in the Lok Sabha and not in theRajya Sabha, and (b) both of them can be introduced only on the recommendation of the president.
  • A financial bill (II) contains provisions involving expenditure from theConsolidated Fund of India, but does not include any of the matters mentioned in Article 110. It istreated as an ordinary bill and in all respects, it is governed by the same legislative procedure whichis applicable to an ordinary bill. The only special feature of this bill is that it cannot be passed byeither House of Parliament unless the President has recommended to that House the consideration ofthe bill.

10) Consider the following statements regarding the person detained under a law for preventive detention.

  1. Government can detain such a person for not more than 6 months.
  2. If it seeks to detain beyond six months period, it has to obtain a report from Advisory Board consisting of Supreme Court Judges.

Which of the above statements is/are incorrect?

a) 1 only

b) 2 only

c) Both 1 and 2

d) Neither 1 nor 2

Answer – c

  • Government can detain a person arrested under a law of Preventive Detention for not more than 3 months.

Hence statement 1 is incorrect.

 

  • If it seeks detain more than 3 months, it should obtain a report from Advisory Board consisting of persons eligible to be appointed as a High Court Judge.

Hence statement 2 is incorrect.

 

11) Which of the following are the features of Federal Polity?

  1. Dual Governments.
  2. Distribution of Powers
  3. Supremacy of the Constitution
  4. Authority of Courts to interpret the Constitution.

Choose the Correct Code:

a) 1 and 2 only

b) 1, 2 and 3 only

c) 1 and 3 only

d) 1, 2, 3 and 4.

 

Answer – d

  • The basic features of a Federal System of Polity are
  1. Dual Polity or Dual Governments at Centre and State Levels
  2. Distribution of Powers between the Centre and the States
  3. Supremacy of the Constitution
  4. Authority of the Courts to interpret the Constitution ( i.e., Having an independent Judiciary)

12) Consider the following statements:

  1. The Parliamentary Democracy of India is based on the “One man One vote” principle.
  2. Indian parliamentary system provides only for the “Representative Democracy”.

Which of the above statements is/are correct?

a) 1 only

b) 2 only

c) Both 1 and 2

d) Neither 1 nor 2

Answer – c

Indian Parliamentary System is based on the “One man one vote” (Hence statement 1 is correct)Principle and provides for the

  • Representation of the People. (Hence statement 2 is correct)
  • Responsible Democracy
  • Accountability of Executive to the Legislature.

13) Consider the following statements regarding the Indian Councils Act 1892:

  1. It provided for the nomination of members to Central Legislative Council from Bengal Chamber of Commerce
  2. It gave the Legislative Councils the power to ask questions on the Budget.
  3. It provided for the non-official majority for the first time.

Which of the above Statements is/are correct?

a) 2 only

b) 1 and 2 only

c) 2 and 3 only

d) 1 only

 

Answer – b

The Indian Councils Act of 1892 provided for —

  1. non-official members to be nominated by Bengal Chamber of Commerce and Provincial Legislative Council to the Central Legislative Council. Hence statement 1 is correct.
  2. Legislative Council to discuss the Budget and address the questions to executive. Hence statement 2 is correct.
  3. the majority of the official members to be intact. Hence statement 3 is incorrect.

14) During the British administration of India, the “Council of India” was formulated by which of the following Acts?

a) Government of India Act, 1858

b) Government of India Act, 1935

c) Regulating Act, 1773

d) Indian Councils Act, 1861

Answer – a

  • The Government of India Act 1858 created the post called “The Secretary of State for India”, who was to exercise powers of the crown and was assisted by a Council of 15 members called the “Council of India”

15) Which of the following amendments to the Constitution can be passed by a Simple Majority in the Parliament?

  1. Abolition or Creation of Second Chamber of Legislature for a State
  2. Administration of the Scheduled Areas.
  3. Creation of Legislature and Council of Ministers for Union Territories.

Choose the Correct Code:

a) 1 only

b) 1 and 2 only

c) 1 and 3 only

d) 1, 2 and 3.

 

Answer – d

  • Many provisions of the Constitution could be modified by a Simple Majority like
  1. Changes in the Names, boundaries, areas of States and Separation of States
  2. Abolition or Creation of Second Chamber of State legislature.
  3. Administration of Scheduled Areas.
  4. Creation of Legislature and Council of Ministers for Union Territories.

16) Consider the following about Special Category status to states

  1. It was introduced by Planning Commission in 1955.
  2. It has been discontinued by 14th Finance Commission
  3. Raghuram Rajan Committee on states has recommended abolition of any categorisation of states while suggesting discontinuing Special category.

Select the right code

a) 1 and 2

b) 2 only

c) 1 and 3

d) All of them

 

Answer – b

  • The Constitution does not include any provision for categorisation of any State as a SCS. But, recognising that some regions in the country were historically disadvantaged in contrast to others, Central plan assistance to SCS States has been granted in the past by the erstwhile Planning Commission body, National Development Council (NDC).
  • The concept of a special category state was first introduced in 1969 by the 5th Finance Commission based on the Gadgil formula.

Hence statement 1 is incorrect.

 

  • 14th Finance Commission has not categorised states between normal states or special category states as it is beyond its terms of reference

Hence statement 2 is correct.

 

  • The recommendations by Raghuram Rajan committee (2013) for the introduction of the “least developed states’ category (based on the10 equally weighted indicators for monthly per capita consumption expenditure, education, health, household amenities, poverty rate, female literacy, percentage of the Scheduled Caste/Scheduled Tribe population, urbanisation rate, financial inclusion and physical connectivity) and abolition of “SCS” may be introduced for better understanding the development needs of individual states

Hence statement 3 is incorrect.

 

17 )Consider the following

  1. Anchal Samiti is the name of intermediate Panchayats in Arunachal Pardesh
  2. Goa and Manipur do not have intermediate Panchayats

Select the right statements

a) 1 only

b) 2 only

c) Both

d) None

Answer – c

  • Arunachal Pradesh Assembly has recently passed a bill to do away with the Anchal Samiti (Intermediate level) and set up a two-tier system in the state.

Hence statement 1 is correct.

 

  • According to the 73rd Amendment of the Constitution, states are required to constitute Panchayats at three tiers, i.e., Village, Intermediate and District except the States having a population of less than 20 lakhs, which may not constitute a Panchayat at Intermediate level. Goa, Manipur, Sikkim, D& N Haveli, daman & Diu and Lakshadweep do not have intermediate Panchayat as only 2 Tier system is in place

Hence statement 2 is correct.

 

  • Arunachal Pradesh has a population of 13.84 lakh which, thus, makes it eligible for having 2-tier government

18) Consider the following about elections

  1. Elections to the state legislature are conducted according to the legislation passed in state legislature in consonance with State Election Commission.
  2. State Election Commissioner is appointed by State governor.

Select the right statements

a) 1 only

b) 2 only

c) Both

d) None

Answer – b

  • Parliament may make provision with respect to all matters relating to elections to the Parliament and the state legislatures including the preparation of electoral rolls, the delimitation of constituencies and all other matters necessary for securing their due The state legislatures can also make provision with respect to all matters relating to elections to the state legislatures including the preparation of electoral rolls and all other matters necessary for securing their due constitution. But, they can make provision for only those matters which are not covered by the Parliament.

Hence statement 1 is incorrect.

 

  • The super-intendence, direction and control of the preparation of
    electoral rolls and the conduct of all elections to the panchayats shall be vested in the state election commission. It consists of a state election commissioner to be appointed by the governor. His conditions of service and tenure of office shall also be determined by the governor. He shall not be removed from the office except in the manner and on the grounds prescribed for the removal of a judge of the state high court. The state legislature may make provision with respect to all matters relating to elections to the panchayats and Municipalities.

Hence statement 2 is correct.

 

19) Consider the following statements

  1. Ancient Monuments and Archaeological Sites and Remains Act 1958 allows construction of “public works” near the structure.
  2. The above provision can be challenged in the Supreme Court under Article 49.

Select the right code

a) 1 only

b) 2 only

c) Both

d) None

Answer – d

 

  • The government is planning for changes to the Ancient Monuments and Archaeological Sites and Remains (AMASR) Act, 1958 to allow “public works” near these structures. The prohibition of new construction within prohibited areas of a protected area or protected monument is adversely affecting various public works and developmental projects of the central government. There has been amendment proposed recently which allows construction of public works within 100 meters of the archaeological structure for which approval for National monument authority is needed. But the original act dosen’t provide for such a provision
  • Article 49 – Protection of monuments and places and objects of national importance It shall be the obligation of the State to protect every monument or place or object of artistic or historic interests, declared by or under law made by Parliament to be of national importance, from spoliation, disfigurement, destruction, removal, disposal or export, as the case may be. Only Fundamental Rights are justiciable within a Court of law, other constitutional provisions are non-justiciable though they can be invoked appropriately.

20) How can it be ascertained that India is a Parliamentary democracy?

  1. First past the post system of election
  2. Presence of a doctrine called “basic structure”
  3. Two Houses in Parliament

Select the right statements

a) 1 and 2

b) 2 and 3

c) 1 and 3

d) None of the above

Answer – d

  • First past the post system is not the only a type of the election, which can be present in parliamentary system. It can also be there in Presidential system as well. Even if India moves towards a different model of election, as is discussed currently, “hybrid system” so to say having both proportional and first past the post system traits, it will still be a Parliamentary form

Hence statement 1 is incorrect.

 

  • Basic structure doctrine only affirms strong judiciary against the potential tyranny of legislature and executive, which again is a feature of Presidential system, say USA. Infact in Britain, the judiciary is fiduciary against the powers of British legislature.

Hence statement 2 is incorrect.

 

  • Two Houses in the legislature is a feature of federal governance to provide assay to the voice of states, as in Presidential USA as well.

Hence statement 3 is incorrect.

 

The essential characteristic of Parliamentary system is fusion of the legislature and the executive so that both remain interdependent at the depth. None of the above exhibits this.