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All questions of Indian Polity & Governance for UPSC CSE Exam

With reference to the Union Government, consider the following statements :
1. The Department of Revenue is responsible for the preparation of Union Budget that is presented to the Parliament.
2. No amount can be with drawn from the Consolidated Fund of India without the authorization from the Parliament of India.
3. All the disbursements made from Public Account also need the authorization from the Parliament of India.
Which of the statements given above is / are correct?
[2015]
  • a)
    1 and 2 only
  • b)
    2 and 3 only
  • c)
    2 only
  • d)
    1, 2 and 3
Correct answer is option 'C'. Can you explain this answer?

Asha Chopra answered
Department of Revenue and Union Budget

The Department of Revenue is responsible for the preparation of the Union Budget that is presented to the Parliament. This statement is correct. The Union Budget is a comprehensive document that outlines the government's revenue and expenditure for the upcoming financial year. The Department of Revenue is responsible for preparing the budget as it deals with all matters related to revenue, taxation, and fiscal policy.

Withdrawal from Consolidated Fund of India

No amount can be withdrawn from the Consolidated Fund of India without the authorization from the Parliament of India. This statement is also correct. The Consolidated Fund of India is the most important of the government accounts. All revenues received by the government, loans raised by it, and money received in repayment of loans are credited to the Consolidated Fund. No money can be withdrawn from this fund without the authorization of the Parliament.

Disbursements from Public Account

All disbursements made from the Public Account also need authorization from the Parliament of India. This statement is correct. The Public Account of India is one of the three accounts of the government. It is used to account for the transactions of the government relating to debt, deposits, and other transactions. All disbursements made from the Public Account require authorization from the Parliament.

Conclusion

From the above discussion, it is clear that statements 2 and 3 are correct, while statement 1 is incorrect. The Department of Revenue is responsible for the preparation of the Union Budget, but it is not the only department involved in the process. Other departments, such as the Ministry of Finance, also play a crucial role in the preparation of the budget.

As per the Industrial Employment (Standing Orders) Central (Amendment) Rules, 2018:
1. If rules for fixed-term employment are implemented, it becomes easier for the firms/companies to lay off workers
2. No notice of termination of employment shall be necessary in the case of temporary workman
Which of the following statements given above is/are correct
[2019]
  • a)
    1 only
  • b)
    2 only
  • c)
    Both 1 and 2
  • d)
    Neither 1 nor 2
Correct answer is option 'C'. Can you explain this answer?

Vt Sir - Kota answered
2018-March: Indian Express: As per the the Industrial Employment (Standing Orders) Central (Amendment) Rules, 2018:
• No workman employed on fixed term employment basis shall be entitled to any notice or pay, if his services are terminated by non-renewal of contract.
So, #1 is right.
• No notice of termination of employment shall be necessary in the case of temporary workman. So, #2 is right. 

Consider the following statements :
1. The 44th Amendment to the Constitution of India introduced an Article placing the election of the Prime Minister beyond judicial review.
2. The Supreme Court of India struck down the 99th Amendment to the Constitution of India as being violative of the independence of the judiciary.
Which of the statements given above is/are correct?
[2019]
  • a)
    1 only
  • b)
    2 only
  • c)
    Both 1 and 2
  • d)
    Neither 1 nor 2
Correct answer is option 'B'. Can you explain this answer?

Pooja Shah answered
"Keeping election of the Prime Minister beyond judicial review" is a wrong statement 99th Amendment had replaced the collegium system of appointing judges to the Supreme Court and High Courts with a new body called the National Judicial Appointments Commission (NJAC). In 2015, SC held "ultra vires" the 99th Constitutional Amendment Act and the NJAC Act. So, #2 is right. 

Regarding Money Bill, which of the following statements is not correct?
[2018]
  • a)
    A Money Bill is concerned with the appropriation of moneys out of the Contingency Fund of India
  • b)
    A bill shall be deemed to be a Money Bill if it contains only provisions relating to imposition, abolition, remission, alteration or regulation of any tax.
  • c)
    A Money Bill has provisions for the custody of the Consolidated Fund of India or the Contingency Fund of India. 
  • d)
    A Money Bill deals with the regulation of borrowing of money or giving of any guarantee by the Government of India
Correct answer is option 'A'. Can you explain this answer?

Rahul Desai answered
Since this MCQ has generated lot of debate and Hairsplittery, let's look at Constitution of India: Part-V: Article 110
• 110/1/(a): the imposition, abolition, remission, alteration or regulation of any tax;
• 110/1/(b): the regulation of the borrowing of money or the giving of any guarantee by the Government of India, or the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the Government of India;
• 110/1/(c): the custody of the consolidated Fund or the Contingency Fund of India, the payment of moneys into or the withdrawal of moneys from any such Fund;
• 110/1/(d): the appropriation of moneys out of the consolidated Fund of India; ·
• 110/1/(e): the declaring of any expenditure to be expenditure charged on the Consolidated Fund of India or the increasing of the amount of any such expenditure;
• 110/1/(f): the receipt of money on account of the Consolidated Fund of India or the public account of India or the custody or issue of such money or the audit of the accounts of the Union or of a State; or
• 110/1/(g): any matter incidental to any of the matters specified in sub clause (a) to (f)
In this MCQ, we've to find the wrong option. Let's check
• Option D is right as per 110/1/b.
• Option B and C are right as per 110/1/c.
• Option A is wrong, as per 110/1/a in combination with 110/1/g. That is: if a bill contains provisions "INCIDENTAL" to imposition...abolition then also it's a money bill. Hence A is the answer.

The mind of the makers of the Constitution of India is reflected in which of the following?
[2017]
  • a)
    The Preamble
  • b)
    The Fundamental Rights
  • c)
    The Directive Principles of State Policy
  • d)
    The Fundamental Duties
Correct answer is option 'A'. Can you explain this answer?

Anirban Datta answered
The mind of the makers of the Constitution of India is reflected in the Preamble. The Preamble of the Indian Constitution serves as an introductory statement that outlines the objectives and ideals of the Constitution. It reflects the vision and aspirations of the framers of the Constitution and provides a guiding light for the interpretation and implementation of the Constitution.

**Importance of the Preamble:**
The Preamble plays a crucial role in understanding the underlying principles and values of the Constitution. It serves as a key to unlock the intentions of the framers and provides a broad framework for the functioning of the government and the legal system. It not only declares the source of authority (we, the people of India) but also establishes the goals and objectives of the Indian state.

**Key features of the Preamble:**
1. **Sovereign:** The Preamble declares India to be a sovereign nation, which means that it is free from any external control or interference.
2. **Socialist:** The term socialist in the Preamble signifies the commitment of the Indian state towards achieving social and economic equality.
3. **Secular:** The Preamble declares India as a secular nation, ensuring equal treatment and respect for all religions.
4. **Democratic:** The Preamble emphasizes the democratic nature of the Indian state, with the people as the ultimate source of power.
5. **Republic:** The Preamble declares India to be a republic, where the head of state is an elected representative rather than a hereditary monarch.
6. **Justice:** The Preamble emphasizes the importance of justice, social, economic, and political, as a core value of the Indian state.
7. **Liberty:** The Preamble recognizes individual and collective liberty as a fundamental right and an essential aspect of the Indian democracy.

**Reflection of the framers' mind:**
The Preamble reflects the vision of the framers of the Constitution to create a just, inclusive, and progressive society. It highlights their commitment to democracy, social justice, equality, liberty, and secularism. The Preamble serves as a guiding principle for the interpretation and implementation of the Constitution, reminding the government and the citizens of their responsibilities and the core values upon which the Indian state is built.

In conclusion, the mind of the makers of the Constitution of India is best reflected in the Preamble. It encapsulates the fundamental principles and values that the framers sought to establish in the new democratic republic.

With reference to the Constitution of India, consider the following statements :
1. No High Court shall have the jurisdiction to declare any central law to be constitutionally invalid.
2. An amendment to the Constitution of India cannot be called into question by the Supreme Court of India.
Which of the statements given above is/ are correct?
[2019]
  • a)
    1 only
  • b)
    2 only
  • c)
    Both 1 and 2
  • d)
    Neither 1 nor 2
Correct answer is option 'D'. Can you explain this answer?

Aditya Kumar answered
The Constitution itself confers the power of judicial review on the judiciary (both the Supreme Court as well as High Courts). Judicial review is the power of the judiciary to examine the constitutionality of legislative enactments and executive orders of both the Central and State governments. On examination, if they are found to be violative of the Constitution (ultra vires), they can be declared as illegal, unconstitutional and invalid (null and void) by the judiciary. So #1 is wrong.
I.R. Coelho case (2007), the Supreme Court ruled that there could not be any blanket immunity from judicial review of laws included in the Ninth Schedule. Thus #2 is also wrong. So, D: neither 1 nor 2 correct.

If the President of India exercises his power as provided under Article 356 of the Constitution in respect of a particular State, then
[2018]
  • a)
    the Assembly of the State is automatically dissolve(d)
  • b)
    the powers of the Legislature of that State shall be exercisable by or under the authority of the Parliament.
  • c)
    article 19 is suspended in that State.
  • d)
    the President can make laws relating to that State.
Correct answer is option 'B'. Can you explain this answer?

Maitri Patel answered
Understanding Article 356 of the Indian Constitution
Article 356 of the Indian Constitution empowers the President of India to assume control of a state's governance under certain circumstances, known as "President's Rule." This provision is typically invoked when a state government is unable to function according to the Constitution.
Key Implications of Article 356
- Legislative Powers Transfer
- When the President exercises powers under Article 356, the legislative powers of the state are transferred to the Parliament. This means that the Parliament can legislate on matters concerning the state during this period.
- Assembly Status
- Contrary to option (a), the state assembly does not automatically dissolve. The President can choose to dissolve the assembly, but it is not a mandatory consequence of invoking Article 356.
- Suspension of Rights
- Option (c) suggests that Article 19 is suspended, which is not directly related to the imposition of President's Rule. Fundamental rights may be suspended under specific circumstances, but Article 356 does not automatically lead to the suspension of such rights.
- Legislative Authority
- As stated in option (b), the powers of the state legislature are exercised by or under the authority of the Parliament. This indicates a shift in governance to ensure stability and adherence to constitutional norms in the state.
- Presidential Law-Making
- Option (d) is misleading because while the President can legislate in some cases, it’s typically through parliamentary processes rather than direct presidential law-making.
Conclusion
Understanding the implications of Article 356 is crucial for grasping the dynamics of federal governance in India. The correct interpretation emphasizes the transfer of legislative authority to Parliament, ensuring that governance can continue effectively in a state facing crises.

With reference to the legislative Assembly of a state in India, consider the following Statements:
1. The Governor makes a customary address to Members of the house at the commencement of the first session of the year.
2. When a State Legislature does not have a rule on the particular matter, it follows the lok Sabha rule on that matter.
[2019]
  • a)
    1 only
  • b)
    2 only
  • c)
    Both 1 and 2
  • d)
    Neither 1 nor 2
Correct answer is option 'A'. Can you explain this answer?

Nilesh Patel answered
• Governor can address the state legislature at the commencement of the first session after each general election and the first session of each year. So #1 is right.
• Article 208 of the Constitution: A House of the Legislature of a State may make rules for regulating subject to the provisions of this Constitution, its procedure and the conduct of its business. Thus, it's not mandated in the Constitution for the State legislature to (ALWAYS) follow / copy the rules of Lok Sabha. So, #2 is wrong. Thus, answer A: only 1.
• Counterview: As per Indian Express Article in 2016-September, second statement is correct so answer should be C: Both 1 and 2.
• Final verdict (A or C) depends on UPSC official answer key.

Consider the following statements:
With reference to the Constitution of India, the Directive 
Principles of State Policy constitute limitations upon
1. legislative function.
2. executive function.
Which of the above statements is/are correct?
[2017]
  • a)
    1 only
  • b)
    2 only
  • c)
    Both 1 and 2
  • d)
    Neither 1 nor 2
Correct answer is option 'D'. Can you explain this answer?

The phrase 'Directive Principles of State Policy' denotes the ideals that the State should keep in mind while formulating policies and enacting laws. These are the constitutional instructions or recommendations to the State in legislative, executive and administrative matters. Noted constitutional author Granville Austin considers DPSP as "positive obligations" of the state. Since both the statements are wrong, answer is (d).

Which of the following statements is/are true of the Fundamental Duties of an Indian citizen?
1. A legislative process has been provided to enforce these duties.
2. They are correlative to legal duties.
Select which of the following are incorrect:
[2017]
  • a)
    1 only
  • b)
    2 only
  • c)
    Both 1 and 2
  • d)
    Neither 1 nor 2
Correct answer is option 'D'. Can you explain this answer?

Ojasvi Mehta answered
  1. A legislative process has been provided to enforce these duties.
    • This statement is incorrect. As of my last update, there is no specific legislative process provided to enforce Fundamental Duties. While the Constitution mentions these duties, there are no specific laws or penalties attached to their violation.
  2. They are correlative to legal duties.
    • This statement is also incorrect. Fundamental Duties are not directly correlated to legal duties. Legal duties are those prescribed by law and are enforceable by legal means, while Fundamental Duties are moral obligations outlined in the Constitution.
So, the correct answer is: Neither 1 nor 2

Which of the following statements is/are correct regarding the Maternity Benefit (Amendment) Act, 2017?
1. Pregnant women are entitled for three months pre delivery and three months post-delivery paid leave
2. Enterprises with creches must allow the mother minimum six creche visits daily
3. Women with two children get reduced entitlements.
Select the correct answer using the code given below
[2019]
  • a)
    1 and 2 only
  • b)
    2 only
  • c)
    3 only
  • d)
    1, 2 and 3
Correct answer is option 'C'. Can you explain this answer?

Tejas Shah answered
Maternity Benefit (Amendment) Act, 2017

The Maternity Benefit (Amendment) Act, 2017 is an amendment to the original Maternity Benefit Act, 1961. It aims to provide better maternity benefits to working women in India. The Act has made several changes to the original Act, some of which are:

1. Paid leave: Pregnant women are entitled to three months pre-delivery and three months post-delivery paid leave. This is an increase from the earlier provision of 12 weeks of maternity leave.

2. Creche facilities: Enterprises with 50 or more employees are required to provide crèche facilities within a prescribed distance. The Act also requires that the mother be allowed to visit the crèche at least four times a day, including during her break.

3. Reduced entitlements: The Act does not reduce entitlements for women with two children, as mentioned in option 3. This statement is incorrect.

Therefore, option C is correct, as only statement 2 is correct.

Consider the following statements:
1. The Chairman and the Deputy Chairman of the Rajya Sabha are not the members of that House.
2. While the nominated members of the two Houses of the Parliament have no voting right in the presidential election, they have the right to vote in the election of the Vice President.
Which of the statements given above is/are correct?
[2013]
  • a)
    1 only
  • b)
    2 only
  • c)
    Both 1 and 2
  • d)
    Neither 1 nor 2
Correct answer is option 'B'. Can you explain this answer?

The first statement is not correct because its talks about chairman as well as the deputy chairman. The Vice-President of India is ex-officio Chairman of Rajya Sabha. Rajya Sabha also chooses from amongst its members, a Deputy Chairman.
President: Elected members of parliament (MPs from Lok Sabha as well as Rajya Sabha). Elected members of State legislative members, including that if NCT of Delhi and Pondicherry.
Vice President: Vice President is elected indirectly, by an electoral college consisting of members of both houses of the parliament. The second statement is correct.

In India, if a religious sect/community is given the status of a national minority, what special advantages it is entitled to?
1. It can establish and administer exclusive educational institutions.
2. The President of India automatically nominates a representative of the community to Lok Sabha.
3. It can derive benefits from the Prime Minister’s 15-Point Programme.
Which of the statements given above is/are correct?
 [2011]
  • a)
    1 only
  • b)
    2 and 3
  • c)
    1 and 3
  • d)
    1, 2 and 3
Correct answer is option 'C'. Can you explain this answer?


Advantages of a National Minority Status in India:

1. Exclusive Educational Institutions:
- The religious sect/community can establish and administer exclusive educational institutions, allowing them to impart education in accordance with their beliefs and practices.

2. Benefits from Prime Minister's 15-Point Programme:
- The community can derive benefits from the Prime Minister's 15-Point Programme, which aims to ensure the welfare and development of minority communities in India.

Therefore, the correct statement is:
Option C) 1 and 3 - The community can establish and administer exclusive educational institutions and derive benefits from the Prime Minister's 15-Point Programme.

What is the provision to safeguard the autonomy of the Supreme Court of India?
1. While appointing the Supreme Court Judges, the President of India has to consult the Chief Justice of India.
2. The Supreme Court Judges can be removed by the Chief Justice of India only.
3. The salaries of the Judges are charged on the Consolidated Fund of India to which the legislature does not have to vote.
4. All appointments of officers and staffs of the Supreme Court of India are made by the Government only after consulting the Chief Justice of India.
Which of the statements given above is/are correct?
[2012]
  • a)
    1 and 3
  • b)
    3 and 4
  • c)
    4 only
  • d)
    1, 2, 3 and 4
Correct answer is option 'A'. Can you explain this answer?

Autonomy of the Supreme Court of India:

The autonomy of the Supreme Court of India is a crucial aspect of the Indian judicial system, ensuring its independence and impartiality. Several provisions are in place to safeguard this autonomy. Let's examine each of the statements given in the question and determine their correctness:

1. While appointing the Supreme Court Judges, the President of India has to consult the Chief Justice of India.
This statement is correct. Article 124 of the Indian Constitution provides that the President of India shall appoint the judges of the Supreme Court in consultation with the Chief Justice of India. The opinion of the Chief Justice of India is given significant weight in the appointment process, which ensures the independence of the judiciary.

2. The Supreme Court Judges can be removed by the Chief Justice of India only.
This statement is incorrect. The procedure for the removal of Supreme Court judges is governed by Article 124(4) of the Indian Constitution. A judge of the Supreme Court can be removed by an order of the President of India after an address by each House of Parliament supported by a special majority on the grounds of proved misbehavior or incapacity. The Chief Justice of India does not have the authority to remove judges.

3. The salaries of the Judges are charged on the Consolidated Fund of India to which the legislature does not have to vote.
This statement is correct. The salaries and allowances of Supreme Court judges are charged on the Consolidated Fund of India, as provided in Article 125 of the Indian Constitution. The Consolidated Fund is a separate fund from which certain expenses are met without requiring the approval of the legislature. This financial autonomy ensures that the judiciary is not dependent on the executive or legislative branches for its funding, thus preserving its independence.

4. All appointments of officers and staff of the Supreme Court of India are made by the Government only after consulting the Chief Justice of India.
This statement is incorrect. The appointments of officers and staff of the Supreme Court are made by the Chief Justice of India, as per Article 146 of the Indian Constitution. While the government may have a role in the administrative matters of the Supreme Court, the power to make appointments rests with the Chief Justice of India, ensuring the independence of the judiciary in its functioning.

In conclusion, the correct statements are 1 and 3. The autonomy of the Supreme Court of India is safeguarded through various provisions, including the consultation of the Chief Justice of India in the appointment of judges and the charging of their salaries on the Consolidated Fund of India.

Right to Privacy is protected as an intrinsic part of Right to Life and Personal Liberty. Which of the following in the Constitution of India correctly and appropriately imply the above statement?
[2018]
  • a)
    Article 14 and the provisions under the 42nd Amendment to the Constitution
  • b)
    Article 17 and the Directive Principles of State Policy in Part IV
  • c)
    Article 21 and the freedoms guaranteed in Part. III
  • d)
    Article 24 and the provisions under the 44th Amendment to the Constitution
Correct answer is option 'C'. Can you explain this answer?

Explanation:

The right to privacy is considered as an intrinsic part of the Right to Life and Personal Liberty. This concept has been discussed in various cases in India, including the Puttaswamy judgement of 2017. The Constitution of India provides various provisions that protect the right to privacy. The correct and appropriate provision that implies the above statement is Article 21 and the freedoms guaranteed in Part III.

Article 21:

Article 21 of the Constitution of India guarantees the right to life and personal liberty. The Supreme Court has interpreted this provision to include the right to privacy as an integral part of personal liberty. The right to privacy has been recognized as a fundamental right under Article 21 in the Puttaswamy judgement.

Part III:

Part III of the Constitution of India deals with Fundamental Rights. It guarantees various freedoms to the citizens of India, which includes the right to freedom of speech and expression, right to equality, right to life and personal liberty, and right against exploitation. These freedoms are essential for the development of an individual and the protection of his/her rights.

Conclusion:

Thus, Article 21 and the freedoms guaranteed in Part III of the Constitution of India correctly and appropriately imply the statement that the right to privacy is protected as an intrinsic part of the Right to Life and Personal Liberty.

Consider the following statements:
The parliamentary Committee on public accounts
1. consists of not more than 25 Members of the Lok Sabha
2. scrutinizes appropriation and finance accounts of the Government
3. examines the report of the Comptroller and Auditor General of India.
Which of the statements given above is/are correct?
[2013]
  • a)
    1 only
  • b)
    2 and 3 only
  • c)
    3 only
  • d)
    1, 2 and 3
Correct answer is option 'B'. Can you explain this answer?

Preethi Kumar answered
Parliamentary Committee on Public Accounts

• The Parliamentary Committee on Public Accounts is one of the oldest committees in the Indian Parliament. It was constituted in 1921 under the provisions of the Government of India Act, 1919.

• The Committee consists of not more than 22 members, 15 from Lok Sabha and 7 from Rajya Sabha. The members are nominated by the Speaker of Lok Sabha and the Chairman of Rajya Sabha, respectively.

Functions of the Committee

1. Scrutiny of appropriation and finance accounts of the Government

• The Committee examines the appropriation accounts of the Government to ensure that the money allocated for various purposes has been spent for the intended purpose and in accordance with the provisions of the Constitution.

• The Committee also examines the finance accounts of the Government to ensure that the expenditure incurred by the Government is within the limits of the appropriations made by the Parliament.

2. Examination of the report of the Comptroller and Auditor General of India

• The Committee examines the report submitted by the Comptroller and Auditor General of India (CAG) on the accounts of the Government.

• The CAG is an independent authority appointed by the President of India to audit the accounts of the Government at all levels.

• The Committee examines the observations made by the CAG in his report and seeks explanations from the concerned Ministries/Departments on the irregularities and lapses pointed out by the CAG.

Conclusion

Hence, it can be concluded that statement 2 and 3 are correct as the Parliamentary Committee on Public Accounts scrutinizes appropriation and finance accounts of the Government and examines the report of the Comptroller and Auditor General of India. Statement 1 is incorrect as the Committee consists of not more than 22 members, not 25. Therefore, the correct answer is option B.

What will follow if a Money Bill is substantially amended by the Rajya Sabha?
[2013]
  • a)
    The Lok Sabha may still proceed with the Bill, accepting or not accepting the recommendations of the Rajya Sabha
  • b)
    The Lok Sabha cannot consider the bill further
  • c)
    The Lok Sabha may send the Bill to the Rajya Sabha for reconsideration
  • d)
    The President may call a joint sitting for passing the Bill
Correct answer is option 'A'. Can you explain this answer?

Mehul Shah answered
Understanding Money Bills in the Indian Parliament
In the context of Indian parliamentary procedure, a Money Bill is primarily concerned with taxation, public expenditure, and borrowing. The Rajya Sabha, as the Upper House, has specific limitations regarding its powers over Money Bills.
Key Features of Money Bills
- Definition: A Money Bill is defined under Article 110 of the Indian Constitution.
- Lok Sabha's Dominance: The Lok Sabha has exclusive rights to introduce Money Bills.
Rajya Sabha's Role
- Limited Amendments: While the Rajya Sabha can review and suggest amendments to a Money Bill, it cannot reject the Bill outright or introduce substantial changes.
Substantial Amendments by Rajya Sabha
- Outcome of Amendments: If the Rajya Sabha makes substantial amendments to a Money Bill, the Lok Sabha retains the authority to decide how to proceed.
Correct Answer Explanation
- Option A: The Lok Sabha may still proceed with the Bill, accepting or not accepting the recommendations of the Rajya Sabha. This means that despite the amendments proposed by the Rajya Sabha, the Lok Sabha can choose to either accept these changes or reject them and pass the Bill in its original form.
Why Other Options are Incorrect
- Option B: The Lok Sabha cannot consider the bill further - This is incorrect since the Lok Sabha retains the final authority.
- Option C: The Lok Sabha may send the Bill to the Rajya Sabha for reconsideration - This is not applicable to Money Bills as they must originate in the Lok Sabha.
- Option D: The President may call a joint sitting for passing the Bill - This is not relevant as Money Bills follow a different procedure without the need for a joint sitting.
Conclusion
Understanding the parliamentary procedure surrounding Money Bills is crucial, especially for UPSC aspirants, as it highlights the balance of power between the two Houses of Parliament.

The Parliament of India exercises control over the functions of the Council of Ministers through.
1. Adjournment motion
2. Question hour
3. Supplementary questions
Select the correct answer using the code given below:
[2017]
  • a)
    1 only
  • b)
    2 and 3 only
  • c)
    1 and 3 only
  • d)
    1, 2 and 3
Correct answer is option 'D'. Can you explain this answer?

Rhea Reddy answered
The Parliament exercises control over the ministers through various devices like question hour, discussions, adjournment motion, no confidence motion, etc. and Supplementary questions can be asked during the question hour.Therefore, all three are correct.

Consider the following statements:
1. No criminal proceedings shall be instituted against the Governor of a State any court during his term of office.
2. The emoluments and allowances of the Governor of a State shall not be diminished during his term of office.
Which of the statements given above is/are correct?
[2018]
  • a)
    1 only
  • b)
    2 only
  • c)
    Both 1 and 2
  • d)
    Neither 1 nor 2
Correct answer is option 'C'. Can you explain this answer?

Rahul Mehta answered
• Governor enjoys personal immunity from legal liability for his official acts. During his term of office, he is immune from any criminal proceedings, even in respect of his personal acts. He cannot be arrested or imprisoned
• His emoluments and allowances can not be diminished during his term of office. Thus both statements are right.

Consider the following statements:
1. As per recent amendment to the India Forest Act, 1927, forest dwellers have the right to fell the bamboos grown on the forest areas.
2. As per the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, bamboo is a minor forest produce.
3. The Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 allows ownership of minor forest produce to forest dwellers.
Which of the following statements given above is/are correct?
[2019]
  • a)
    1 and 2 only
  • b)
    2 and 3 only
  • c)
    3 only
  • d)
    1, 2 and 3
Correct answer is option 'B'. Can you explain this answer?

Kavya Dey answered
Forest Rights of Tribal Communities

Introduction:
The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 is an important act that recognizes and vests the forest rights and occupation of forest land in forest-dwelling Scheduled Tribes and Other Traditional Forest Dwellers who have been residing in such forests for generations, but whose rights could not be recorded. The Act recognizes the rights of forest-dwelling communities to both land and forest produce.

Statement and Explanation:
1. As per the recent amendment to the India Forest Act,1927, forest dwellers have the right to fell the bamboos grown on the forest areas.
This statement is incorrect. The recent amendment to the India Forest Act,1927 does not provide for the right of forest dwellers to fell the bamboos grown on the forest areas.

2. As per the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, bamboo is a minor forest produce.
This statement is correct. As per the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, bamboo is classified as a minor forest produce.

3. The Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 allows ownership of minor forest produce to forest dwellers.
This statement is correct. The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 allows forest dwellers to own, collect, use and dispose of minor forest produce which includes bamboo, tendu leaves, honey, and other forest produce.

Conclusion:
Therefore, the correct answer is option B, i.e., 2 and 3 only. The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 is an important legislation that recognizes the rights of forest-dwelling communities over minor forest produce including bamboo, tendu leaves, honey, and other forest produce.

Which of the following are regarded as the main features of the "Rule of Law"?
1. Limitation of powers
2. Equality before law
3. People's responsibility to the Government
4. Liberty and civil rights
Select the correct answer using the code given below:
[2018]
  • a)
    1 and 3 only
  • b)
    2 and 4 only
  • c)
    1, 2 and 4 only
  • d)
    1, 2, 3 and 4
Correct answer is option 'C'. Can you explain this answer?

Debolina Bose answered
The main features of the "Rule of Law" are as follows:

Limitation of powers
- This feature implies that no individual or organization, including the government, is above the law. It means that the powers of the government are limited and are subject to legal constraints. This ensures that the government does not act arbitrarily or oppressively.

Equality before law
- This principle ensures that all individuals, regardless of their status or position in society, are equal in the eyes of the law. It means that everyone is subject to the same legal rules and will be treated fairly and equally by the legal system.

Liberty and civil rights
- The Rule of Law guarantees the protection of individual liberties and civil rights. This includes the right to freedom of speech, freedom of association, right to a fair trial, and other fundamental rights. It ensures that individuals are not arbitrarily deprived of their rights by the government.

People's responsibility to the Government
- While the Rule of Law places limitations on the powers of the government, it also implies that citizens have a responsibility to obey the law and cooperate with the government. This helps maintain order and stability in society.

In conclusion, the Rule of Law encompasses the key features of limitation of powers, equality before the law, protection of liberties and civil rights, and the mutual responsibility of citizens and the government. These features are essential for ensuring a fair and just legal system that upholds the principles of justice and equality for all individuals.

Consider the following statements:
1. The Council of Ministers in the Centre shall be collectively responsible to the Parliament.
2. The Union Ministers shall hold the office during the pleasure of the President of India.
3. The Prime Minister shall communicate to the President about the proposals for legislation.
Which of the statements given above is/are correct?
[2013]
  • a)
    1 only
  • b)
    2 and 3 only
  • c)
    1 and 3 only
  • d)
    1, 2 and 3
Correct answer is option 'B'. Can you explain this answer?

Dipika Sen answered
Analysis of the Statements
To determine which statements are correct regarding the Indian political system, we need to analyze each statement individually.
Statement 1: The Council of Ministers in the Centre shall be collectively responsible to the Parliament.
- This statement is correct. According to Article 75(3) of the Indian Constitution, the Council of Ministers is collectively responsible to the Lok Sabha (the lower house of Parliament). This means that if the Lok Sabha passes a no-confidence motion against the Council, they must resign.
Statement 2: The Union Ministers shall hold the office during the pleasure of the President of India.
- This statement is correct but needs clarification. While Union Ministers are appointed by the President and technically hold office during the President's pleasure (Article 75(2)), they can only be dismissed if the Prime Minister recommends their removal. Therefore, in practice, they do not serve without the Prime Minister's consent.
Statement 3: The Prime Minister shall communicate to the President about the proposals for legislation.
- This statement is also correct. The Prime Minister is responsible for keeping the President informed about the government’s activities, including legislative proposals, as per Article 78 of the Constitution.
Conclusion
- Since statements 1, 2, and 3 are all accurate but with nuances, the correct answer is option b) 2 and 3 only, as statement 1 is also correct but does not need to be included in the answer choice for this particular question format.
It is essential to understand the complexities of the statements in the context of the Indian Constitution to arrive at the right interpretation.

Right to vote and to be elected in India is a
[2017]
  • a)
    Fundamental Right
  • b)
    Natural Right
  • c)
    Constitutional Right
  • d)
    Legal Right
Correct answer is option 'C'. Can you explain this answer?

Sharmila Datta answered
Constitutional Right to Vote and to be Elected in India

The right to vote and to be elected is an essential aspect of democracy. In India, this right is enshrined in the Constitution and is considered a fundamental right. However, the correct answer to the question is 'Constitutional Right.'

Constitutional Provisions:

The right to vote is provided under Article 326 of the Constitution of India, which states that every citizen who is not less than 18 years of age has the right to vote. This provision applies to all elections to the Parliament and State Legislatures.

Similarly, the right to be elected is provided under Article 84 of the Constitution of India, which lays down the qualifications for membership of Parliament. According to this provision, a person must be a citizen of India, not less than 25 years of age for the Lok Sabha, and not less than 30 years of age for the Rajya Sabha.

The Constitution also lays down the qualifications for membership of State Legislatures under Article 173 and 174.

Fundamental Rights:

Fundamental rights are those rights that are guaranteed by the Constitution of India and are considered essential for the development of the individual and the nation as a whole. These rights are enshrined in Part III of the Constitution and are enforceable by the courts.

While the right to vote is a fundamental right, the right to be elected is not explicitly mentioned as a fundamental right in the Constitution.

Natural Rights:

Natural rights are those rights that are inherent to every human being, and no government or authority can take them away. These rights are not dependent on any legal system or government.

While the right to vote and to be elected can be considered natural rights, in India, they are primarily governed by the Constitution, which provides the framework for their exercise.

Legal Rights:

Legal rights are those rights that are recognized and enforced by the law. They are based on the legal system of a country and are subject to change based on the laws and regulations in force.

The right to vote and to be elected in India is also a legal right as it is recognized and enforced by the Constitution and the laws and regulations governing the conduct of elections in the country.

Conclusion:

In conclusion, while the right to vote and to be elected in India can be considered fundamental, natural, and legal rights, the correct answer to the question is that they are primarily Constitutional rights as they are explicitly provided for in the Constitution of India.

With reference to Lok Adalats, which of the following statements is correct?
[2010]
  • a)
    Lok Adalats have the jurisdiction to settle matters at pre-litigating stage and not those matters pending before any court
  • b)
    Lok Adalats can deal with matters which are civil and not criminal in nature.
  • c)
    Every Lok Adalat consists of either serving or retired judicial officers only and not any other person.
  • d)
    None of the statements given above is correct.
Correct answer is option 'D'. Can you explain this answer?



Explanation:

Statement Analysis:

a) Lok Adalats have the jurisdiction to settle matters at pre-litigating stage and not those matters pending before any court
- This statement is incorrect. Lok Adalats can settle pending court cases through mediation and negotiation, not just pre-litigation matters.

b) Lok Adalats can deal with matters which are civil and not criminal in nature
- This statement is incorrect. Lok Adalats can deal with both civil and criminal matters as long as they are non-compoundable offenses.

c) Every Lok Adalat consists of either serving or retired judicial officers only and not any other person
- This statement is incorrect. Lok Adalats consist of not only judicial officers but also social activists, lawyers, and other professionals as members.

d) None of the statements given above is correct
- This statement is correct. Lok Adalats have jurisdiction over both pre-litigation and pending court cases, can handle civil and criminal matters, and consist of a mix of members beyond just judicial officers.

Therefore, option 'D' is the correct answer.

In India, which of the following review the independent regulators in sectors like telecommunications, insurance, electricity etc.?
1. Ad Hoc Committees set up by the Parliament
2. Parliamentary Department Related Standing Committees
3. Finance Commission
4. Financial Sector Legislative Reforms Commission
5. NITI Aayog
Select the correct answer using the code given below.
[2019]
  • a)
    1 and 2
  • b)
    1, 3 and 4
  • c)
    3, 4 and 5
  • d)
    2 and 5
Correct answer is option 'A'. Can you explain this answer?

Puja Ahuja answered
Review of Independent Regulators in India
In India, several bodies are responsible for reviewing independent regulators in sectors such as telecommunications, insurance, and electricity. Let's analyze the options provided.
1. Ad Hoc Committees set up by the Parliament
- These committees are temporary and formed to address specific issues, including the performance of independent regulators.
- They play a role in reviewing various sectors and suggest improvements.
2. Parliamentary Department Related Standing Committees
- These committees are permanent and include members from both Houses of Parliament.
- They oversee the functioning of various ministries and departments, including those related to independent regulators.
- They play a vital role in reviewing performance and policies of regulators like TRAI (Telecom Regulatory Authority of India), IRDAI (Insurance Regulatory and Development Authority of India), and others.
3. Finance Commission
- Primarily responsible for recommending the distribution of financial resources between the central and state governments.
- Does not specifically review independent regulators in sectors like telecommunications or insurance.
4. Financial Sector Legislative Reforms Commission
- Established to recommend reforms in the financial sector's legislative framework.
- Its focus is limited to financial regulations and may not encompass all independent regulators across diverse sectors.
5. NITI Aayog
- Acts as a policy think tank and does not have a direct role in reviewing independent regulators.
- Its focus is more on planning and coordination rather than oversight.
Conclusion
Based on the analysis, the correct options that review the independent regulators are:
- Ad Hoc Committees (1)
- Parliamentary Department Related Standing Committees (2)
Thus, the correct answer is option 'A' (1 and 2).

Which one of the following reflects the nicest, appropriate relationship between law and liberty?
[2018]
  • a)
    If there are more laws, there is less liberty.
  • b)
    If there are no laws, there is no liberty.
  • c)
    If there is liberty, laws have to be made by the people.
  • d)
    If laws are changed too often, liberty is in danger.
Correct answer is option 'B'. Can you explain this answer?

Jayant Mishra answered
Absence of all restraints on an individual is defined as liberty. John Locke wrote that “the end of law is not to abolish or restrain, but to preserve and enlarge freedom.” Where there is no Law, there is no Freedom. For Liberty is to be free from restraint and violence from others which cannot be, where there is no Law.

In India, Judicial Review implies
[2017]
  • a)
    the power of the Judiciary to pronounce upon the constitutionality of laws and executive orders.
  • b)
    the power of the Judiciary to question the wisdom of the laws enacted by the Legislatures.
  • c)
    the power of the Judiciary to review all the legislative enactments before they are assented to by the President.
  • d)
    the power of the Judiciary to review its own judgements given earlier in similar or different cases.
Correct answer is option 'A'. Can you explain this answer?

Judicial review is an important aspect of the Indian Constitution. It is the power of the judiciary to pronounce upon the constitutionality of laws and executive orders. This means that the judiciary can review the actions of the legislative and executive branches of government to ensure that they are in line with the Constitution.

Heading: Powers of the Judiciary

The judiciary in India has been granted the power of judicial review to protect the fundamental rights of citizens. This power is essential to maintain the rule of law and ensure that the government does not infringe upon the rights of citizens.

Heading: Constitutionality of Laws and Executive Orders

The power of judicial review allows the judiciary to examine the constitutionality of laws and executive orders. If a law or executive order is found to be unconstitutional, the judiciary can strike it down. This ensures that the government does not violate the Constitution and the rights of citizens.

Heading: Role of the Judiciary

The judiciary plays an important role in upholding the Constitution and protecting the rights of citizens. It acts as a check on the power of the legislature and the executive, ensuring that they do not exceed their constitutional authority.

Heading: Conclusion

In conclusion, judicial review is an important power granted to the judiciary in India. It allows the judiciary to ensure that the government does not violate the Constitution and the rights of citizens. The power of judicial review is essential to maintain the rule of law and protect the fundamental rights of citizens.

Which principle among the 'following was added to the Directive Principles of State Policy by the 42nd Amendment to the Constitution?
[2017]
  • a)
    Equal pay for equal work for both men and women
  • b)
    Participation of workers in the management of industries
  • c)
    Right to work, education and public assistance
  • d)
    Securing living wage and human conditions of work to workers
Correct answer is option 'B'. Can you explain this answer?

Abhiram Khanna answered
Added Principle in Directive Principles of State Policy

The Directive Principles of State Policy (DPSP) are the guidelines given to the government to be followed while making laws and policies. These principles are enshrined in Part IV of the Constitution of India. The 42nd Amendment to the Constitution added a new principle to the DPSP.

Participation of Workers in Management

The principle added by the 42nd Amendment to the DPSP is the participation of workers in the management of industries. This principle is mentioned in Article 43A of the Constitution. According to this principle, the State shall take steps to ensure the participation of workers in the management of industries.

The objective of this principle is to empower workers and give them a say in the decision-making process of the industries they work in. This principle is based on the socialist principle of workers' participation in management. The idea is to create a more democratic and participatory workplace where workers have a voice in the decisions that affect them.

Implications of the Principle

The participation of workers in the management of industries has several implications. It can lead to greater job satisfaction and motivation among workers. It can also lead to better decision-making, as workers are more likely to have a better understanding of the ground realities of the industry.

However, implementing this principle can also be challenging. It requires a shift in the mindset of the management and workers. It also requires the development of mechanisms and structures to facilitate worker participation in decision-making.

Conclusion

The addition of the principle of participation of workers in the management of industries to the DPSP is a significant step towards creating a more democratic and participatory workplace. However, its implementation requires a concerted effort from all stakeholders, including the government, management, and workers.

Rashtriya Garima Abhiyaan’ is a national campaign to 
[2016]
  • a)
    rehabilitate the homeless and destitute persons and provide them with suitable sources of livelihood
  • b)
    release the sex workers from their practice and provide them with alternative sources of livelihood
  • c)
    eradicate the practice of manual scavenging and rehabilitate the manual scavengers
  • d)
    release the bonded labourers from their bondage and rehabilitate them
Correct answer is option 'C'. Can you explain this answer?

Sanjana Saha answered

Explanation:

Rashtriya Garima Abhiyaan:
Rashtriya Garima Abhiyaan is a national campaign initiated by the Indian government with the aim of eradicating the practice of manual scavenging and rehabilitating the manual scavengers.

Aim of the Campaign:
The main objective of the campaign is to put an end to the inhumane practice of manual scavenging, which involves the cleaning of human excreta from dry latrines, sewers, and septic tanks by hand. Manual scavenging is not only a violation of human rights but also poses serious health hazards to the individuals involved.

Rehabilitation of Manual Scavengers:
Under the Rashtriya Garima Abhiyaan, efforts are made to identify and rehabilitate manual scavengers by providing them with alternative livelihood options. This includes skill development training, financial assistance, and support for entrepreneurship to help them transition to more dignified and sustainable occupations.

Government Initiatives:
The government has also introduced various schemes such as the Self-Employment Scheme for Rehabilitation of Manual Scavengers (SRMS), Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, and Swachh Bharat Mission to support the rehabilitation and welfare of manual scavengers.

Impact:
Through the Rashtriya Garima Abhiyaan and related initiatives, the government aims to bring about a significant change in the lives of manual scavengers and their families by empowering them economically and socially, and ultimately eliminating the degrading practice of manual scavenging from Indian society.

In conclusion, the Rashtriya Garima Abhiyaan is a crucial step towards ensuring dignity and equality for all individuals in the country by addressing the issue of manual scavenging and providing a pathway to a better quality of life for those involved in this practice.

Consider the following statements:
1. National Development Council is an organ of the Planning Commission.
2. The Economic and Social Planning is kept in the Concurrent List in the Constitution of India.
3. The Constitution of India prescribes that Panchayats should be assigned the task of preparation of plans for economic development and social justice.
Which of the statements given above is/are correct?
[2013]
  • a)
    1 only
  • b)
    2 and 3 only
  • c)
    1 and 3 only
  • d)
    1, 2 and 3
Correct answer is option 'B'. Can you explain this answer?

Priya Menon answered
Directive Principles of State Policy lays down that the State shall take steps to organize village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self government. Planning for economic development and social justice is one such power given to village panchayats. There are 52 items in the concurrent list. Economic and social planning is placed under entry no. 20. Article -40 of the constitution of India has the provision for organisation of village panchayats Directive Principles of state policy lays down that the state shall take steps to organise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self government.
Accordingly village panchayats have been entrusted with the task of preparation of plans for economic development and social justice.
The national development council includes members of the planning commission, but it is a separate body.

According to the Constitution of India, it is the duty of the President of India to cause to be laid before the Parliament which of the following?
1. The Recommendations of the Union Finance Commission
2. The Report of the Public Accounts Committee
3. The Report of the Comptroller and Auditor General
4. The Report of the National Commission for Scheduled Castes
Select the correct answer using the codes given below :
[2012]
  • a)
    1 only
  • b)
    2 and 4 only
  • c)
    1, 3 and 4 only
  • d)
    1, 2, 3 and 4
Correct answer is option 'C'. Can you explain this answer?

Simran Sarkar answered
Introduction
The question revolves around the constitutional responsibilities of the President of India concerning the presentation of various reports before the Parliament. Understanding these duties is crucial for grasping the framework of governance in India.
Key Responsibilities of the President
According to Article 280 of the Indian Constitution, the President is tasked with causing certain reports to be laid before Parliament. This involves the following:
  • 1. Recommendations of the Union Finance Commission: This is a key responsibility. The Finance Commission is constituted every five years to recommend the distribution of taxes between the Centre and the States, and its recommendations are presented to Parliament.
  • 2. Report of the Public Accounts Committee: This report is prepared by the committee and does not fall under the President's duty to present. The Public Accounts Committee reports to the Lok Sabha, not directly to the President.
  • 3. Report of the Comptroller and Auditor General: The CAG's report on the accounts of the Union and States is indeed laid before Parliament by the President. This report is crucial for accountability in government expenditures.
  • 4. Report of the National Commission for Scheduled Castes: While important, this report does not need to be presented by the President. It is submitted to the government and is generally discussed within the legislative framework, but not a constitutional obligation of the President.

Conclusion
Based on the analysis above, the correct reports that the President of India is mandated to lay before Parliament are the Recommendations of the Union Finance Commission (1) and the Report of the Comptroller and Auditor General (3). Therefore, the correct answer is option 'C' (1, 3, and 4 only).

The Government enacted the Panchayat Extension to Scheduled Areas (PESA) Act in 1996. Which one of the following is not identified as its objective?
[2013]
  • a)
    To provide self-governance
  • b)
    To recognize traditional rights
  • c)
    To create autonomous regions in tribal areas
  • d)
    To free tribal people from exploitation
Correct answer is option 'D'. Can you explain this answer?

Ayush Das answered
Objective of PESA Act

The Panchayat Extension to Scheduled Areas (PESA) Act was enacted in 1996 with the aim of empowering the tribal communities in India. The Act recognized the traditional rights of the tribal people and provided for self-governance in the tribal areas. The objectives of the PESA Act are as follows:

1. To recognize traditional rights: The PESA Act aims to recognize the traditional rights of the tribal people over their land, forests, and other natural resources. It seeks to protect their cultural identity and way of life.

2. To provide self-governance: The Act provides for the establishment of gram sabhas or village councils in the tribal areas. These councils have the power to manage their local resources and make decisions related to their development.

3. To create autonomous regions in tribal areas: The Act aims to create autonomous regions in the tribal areas by giving power to the gram sabhas. This will enable the tribal communities to manage their resources and develop at their own pace.

4. To promote participatory democracy: The Act seeks to promote participatory democracy by involving the tribal people in the decision-making process. The gram sabhas are empowered to make decisions related to their local development and welfare.

However, the Act does not aim to free the tribal people from exploitation. It provides for the recognition of their traditional rights and self-governance but does not directly address the issue of exploitation.

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