UPSC Prelims Test Series 2019 - Test 13
100 Questions
| Attempts: 62
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Questions and Answers
- 1.
Identify correct statements from the following. 1. Appointment to public office can be challenged by any person irrespective of the fact whether his fundamental or any legal right has been infringed or not. 2. Article 13 of the Constitution of India provides for the doctrine of Judicial review. Codes:
- A.
Only 1.
- B.
Only 2
- C.
Both 1 & 2.
- D.
Neither 1 nor 2.
Correct Answer
C. Both 1 & 2.Explanation
Quo warranto writ is invoked in cases of public offices and it is issued to restrain persons from acting in public office to which he is not entitled to. Although the term ‘office’ here is different from ‘seat’ in legislature but still a writ of Quo Warranto can lie with respect to the post of Chief Minister holding a office whereas a writ of quo warranto cannot be issued against a Chief Minister, if the petitioner fails to show that the minister is not properly appointed or that he is not qualified by law to hold the office. It cannot be issued against an Administrator who is appointed by the government to manage Municipal Corporation, after its dissolution. Appointment to public office can be challenged by any person irrespective of the fact whether his fundamental or any legal right has been infringed or not. Article 13 states that laws inconsistent with or in derogation of the fundamental rights} ... The State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void.Rate this question:
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- 2.
Consider the following statement(s) regarding Lok Adalats in India: 1. Lok Adalats are statutory bodies. 2. The award (decision) made by the Lok Adalats is deemed to be a decree of a civil court and is final and binding on all parties and no appeal against such an award lies before any court of law Which of the above statement(s) is/are correct?
- A.
Only 1.
- B.
Only 2
- C.
Both 1 & 2.
- D.
Neither 1 nor 2.
Correct Answer
C. Both 1 & 2.Explanation
Lok Adalat is one of the forms of alternative dispute redressal mechanisms, it is a forum where disputes/cases pending in the court of law or at pre-litigation stage are settled/ compromised amicably. Lok Adalats have been given statutory status under the Legal Services Authorities Act, 1987. Under the said Act, the award (decision) made by the Lok Adalats is deemed to be a decree of a civil court and is final and binding on all parties and no appeal against such an award lies before any court of law. If the parties are not satisfied with the award of the Lok Adalat though there is no provision for an appeal against such an award, but they are free to initiate litigation by approaching the court of appropriate jurisdiction by filing a case by following the required procedure, in exercise of their right to litigateRate this question:
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- 3.
Consider the following statements regarding office of the Governor: I. It is an independent constitutional office. II. Governor’s office is under the control of the Central government Which of the statements given above is/are correct?
- A.
I Only
- B.
II Only
- C.
Both I and II
- D.
Neither I nor II
Correct Answer
A. I OnlyExplanation
Governor is appointed by the president by warrant under his hand and seal. In a way, he is a nominee of the Central government. But, as held by the Supreme Court in 1979, the office of governor of a state is not an employment under the Central government. It is an independent constitutional office and is not under the control of or subordinate to the Central government.Rate this question:
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- 4.
Consider the following authorities. 1. Election Commission of India. 2. Chief Secretary of a State. 3. All India Service Officers. 4. Legislative Assembly of a state. The writ of certiorari can be issued against which of the above bodies?
- A.
1 Only
- B.
2, 3 & 4 Only.
- C.
1, 2 & 3 Only.
- D.
All of these.
Correct Answer
C. 1, 2 & 3 Only.Explanation
The Election Commission of India, being a quasi judicial body can be subjected to the writ of certiorari. Supreme court has ruled that this writ can also be issued against administrative authorities. Chief Secretary of a State and All India Service Officials are administrative authorities. Whereas, this writ cannot be issued against a legislative body.Rate this question:
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- 5.
In context of the Gram Nyayalaya, consider the following statements: 1. Gram Nyayalayas are mobile village courts in India established under Gram Nyayalayas Act, 2008 for speedy and easy access to justice system in the rural areas of India. 2. It exercises the powers of both Criminal and Civil Courts. 3. The presiding officer (Nyayadhikari) is appointed by the Governor in consultation with the High Court of the State concerned. 4. The Gram Nyayalayas will not be bound by the rules of the Indian Evidence Act, 1872 but shall be guided by the principles of natural justice and subject to any rule made by the High Court. Which of the above-mentioned statement(s) is/are correct?
- A.
All of the above
- B.
1, 2 and 3 only
- C.
1, 2 and 4 only
- D.
1, 3 and 4 only
Correct Answer
C. 1, 2 and 4 onlyExplanation
Gram Nyayalayas are mobile village courts in India established under Gram Nyayalayas Act, 2008 for speedy and easy access to justice system in the rural areas of India. Hence statement 1 is correct.
Gram Nyayalaya is a mobile court and exercises the powers of both Criminal and Civil Courts; i.e., the seat of the Gram Nyayalaya will be located at the headquarters of the intermediate Panchayat, but they will go to villages, work there and dispose of the cases. It can try criminal cases, civil suits, claims or disputes which are specified in the First Schedule and the Second Schedule to the Gram Nyayalaya Act and the scope of these cases can be amended by the Central as well as the State Governments, as per their respective legislative competence. Hence statement 2 is correct.
Gram Nyayalaya are courts of Judicial Magistrate of the first class and its presiding officer (Nyayadhikari) is appointed by the State Government in consultation with the High Court of the State concerned. Hence statement 3 is incorrect.
The Gram Nyayalaya will not be bound by the rules of evidence provided in the Indian Evidence Act, 1872 but shall be guided by the principles of natural justice and subject to any rule made by the High Court. Hence statement 4 is correctRate this question:
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- 6.
Consider the following statements: I. A member of either House of Parliament can be appointed as a Governor. II. When the same person is appointed as the governor of two or more states, the emoluments and allowances payable to him are shared by the states in such proportion as determined by the Parliament.. Which of the statements given above is/are correct?
- A.
I Only
- B.
II Only
- C.
Both I and II
- D.
Neither I nor II
Correct Answer
A. I OnlyExplanation
The Constitution lays down the following conditions for the the governor’s office:
1. He should not be a member of either House of Parliament or a House of the state legislature. If any such person is appointed as governor, he is deemed to have vacated his seat in that House on the date on which he enters upon his office as the governor.
2. When the same person is appointed as the governor of two or more states, the emoluments and allowances payable to him are shared by the states in such proportion as determined by the president.Rate this question:
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- 7.
Which of the following statements is incorrect?
- A.
The Water (Prevention and Control of Pollution) Act can be considered as implementation of Article 48 A of the Directive Principles of State Policy.
- B.
In conflicts between the fundamental rights and the Directive Principles of State Policy, it is the former that always prevails.
- C.
Though Directive Principles of State Policy are not legally enforceable, they do have political justifiability.
- D.
All of the above are correct.
Correct Answer
B. In conflicts between the fundamental rights and the Directive Principles of State Policy, it is the former that always prevails.Explanation
Refer Article 31 C of the Indian Constitution.Rate this question:
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- 8.
Which of the following statement(s) is/are not correct regarding the Fast Track Courts (FTCs) in India? 1. FTCs are not bound by the rules of evidence provided in the Indian Evidence Act, 1872 and Criminal Procedure Code. 2. The parties of the case are allowed to be represented by the lawyers. 3. The decisions of FTCs are not subject to appeal before the higher courts. 4. The funds for setting up of FTCs have been provided by the Central government to decrease the pendency particularly in those cases involving under trails. Select from the codes given below:
- A.
2 and 4 only
- B.
2, 3 and 4 only
- C.
1, 3 and 4 only
- D.
All of the above
Correct Answer
C. 1, 3 and 4 onlyExplanation
The FTCs are non-regular courts which have been established by the state governments. They have been functioning since 1st April 2001. They have been established for speeding up of trails of long pending cases particularly those involving under trails. It is presided by a retired judge of the rank of additional sessions judge or above who is appointed for a term of not more than 2 years at a time. It follows strictly the rules of evidence provided in the Indian Evidence Act, 1872 and Criminal Procedure Code and applies relevant provisions of the penal law while deciding the case. The parties of the case are allowed to be represented by the lawyers and the decisions of an FTC are subject to appeal before the regular court. The funds for setting up of FTCs now have to be borne by the State governments. Hence statement 1, 3 and 4 only are correct.Rate this question:
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- 9.
Governor has which of the following powers? 1. Executive powers. 2. Legislative powers. 3. Financial powers. 4. Judicial powers. 5. Emergency powers.
- A.
1,2,3,4,5
- B.
1,2,3 Only
- C.
2,3,4 Only
- D.
1,2,3,4 Only.
Correct Answer
D. 1,2,3,4 Only.Explanation
Governor does not have Emergency powers, Diplomatic powers and Military powers. Governor has only Executive powers, Legislative powers, Financial powers and Judicial powers.Rate this question:
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- 10.
Governor’s rule has been imposed in the state of Jammu and kashmir recently. It is called the President’s rule in the rest of India. Which of the following is true regarding the Governor’s rule in Jammu and Kashmir ?
- A.
Article 356 of the Constitution is not applicable to the state of J&K.
- B.
The failure of governmental function results in Governor’s rule under Section 92 of the constitution of J&K.
- C.
The Governor’s rule can be imposed indefinitely in J&K provided that such a proclamation is approved by the Parliament.
- D.
All of the above statements are true.
Correct Answer
B. The failure of governmental function results in Governor’s rule under Section 92 of the constitution of J&K.Explanation
The failure of governmental function results in Governor’s rule under Section 92 of the constitution of Jammu and Kashmir. The Governor later obtains the consent of the President of India. It is only when the Governor’s rule is not revoked for six months that the President’s rule is imposed in the state under Article 356. The restrictions regarding the time limit of the imposition of such a rule are applicable to the state of J & K.Rate this question:
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- 11.
Consider the following statements regarding Administrative Tribunals: 1. Setting up administration tribunals at the union and state levels has been made in part- XIV-A of the constitution by 44th Amendment Act. 2. The Central Administrative Tribunal exercises original jurisdiction in relation to recruitment and all service matters of public servants of Centre and civilian employees of defence services. 3. It is guided by the principles of natural justice. Which of the above-mentioned statement(s) is/are correct?
- A.
1 and 2 only
- B.
2 and 3 only
- C.
1 and 3 only
- D.
All of the above
Correct Answer
D. All of the aboveExplanation
Provision for setting up administration tribunals at the union and state levels has been made in part- XIV-A of the constitution by 42nd Amendment Act, 1976. Art. 323-A authorizes Parliament to establish administrative tribunals to resolve disputes and complaints regarding the service commission of persons employed under the union/state governments. The Parliament provides for the jurisdiction, power and authority to such tribunals and prescribes the procedure to be followed by them. Art.323 B deals with tribunals for matters other than in Art.323 A. Hence statement 1 is correct. The CAT exercises jurisdiction over all service matters concerning a member of any All-India Service, a person appointed to any civil service of the Union or any civil post under the union, a civilian appointed to any defence services or a post connected with defence except officers and servants of the Supreme Court and the secretarial staff of the Parliament. Hence statement 2 is correct. The CAT is not bound by the procedure laid down in the Civil Procedure Code of 1908. It is guided by the principles of natural justice. Hence statement 3 is correct.Rate this question:
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- 12.
Which of the following is not the correct statement regarding Governor?
- A.
Governor can remit a death sentence.
- B.
Governor's ordinance making power is co-extensive with the legislative power of the state legislature.
- C.
Governor can grant pardon in respect to sentence by a court-martial.
- D.
None of the above
Correct Answer
C. Governor can grant pardon in respect to sentence by a court-martial.Explanation
Governor:
His ordinance-making power is coextensive with the legislative power of the state legislature. This means that he can issue ordinances only on those subjects on which the state legislature can make laws.
He cannot pardon a death sentence. Even if a state law prescribes for death sentence, the power to grant pardon lies with the President and not the governor. But, the governor can suspend, remit or commute a death sentence.
He does not possess power to grant pardon, reprieve, respite, suspension, remission or commutation in respect to punishment or sentence by a court-martial (military court).Rate this question:
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- 13.
Identify correct statements from the following. 1. Scheduled castes or tribes can avail benefit of reservation in government jobs only in their home states.. 2. The opinion of the government regarding the backwardness of Scheduled castes or tribes should be based on quantifiable data according to the observations of of Supreme Court in Nagraj Judgement. Codes:
- A.
Only 1.
- B.
Only 2
- C.
Both 1 & 2.
- D.
Neither 1 nor 2.
Correct Answer
C. Both 1 & 2.Explanation
A Supreme Court bench has held that scheduled castes or tribes can avail benefit of reservation in government jobs only in their home states. The Court has thus upheld the “son of the soil” principle. For the purpose of Articles 341 and 342 in Constitution, the reservation benefits would be within the geographical territories of a state or UT. In M Nagaraja 2006 judgment, the SC ruled that the government cannot introduce a quota (reservation) in promotion for its SC / ST employee unless they prove that the particular Dalit community is backward and inadequately represented and also prove that such a reservation in promotion would not affect the overall efficiency of public administration. Such an opinion of the government should be based on quantifiable data. State was also required to ensure that the reservation does not breach the 50% ceiling.Rate this question:
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- 14.
Consider the following statements with respect to National Green Tribunal (NGT): 1. Only a judge of Supreme Court can be appointed as the chairman of the Tribunal. 2. Members of the tribunal are not eligible for re-appointment 3. The NGT is not bound by the procedure laid down under the Code of Civil Procedure, 1908. 4. NGT cannot impose penalties under Wildlife (Protection) Act 1972. Which of the statements given above are correct?
- A.
1 and 2 only
- B.
2, 3 and 4 only
- C.
1, 2 and 3 only
- D.
All of the above
Correct Answer
B. 2, 3 and 4 onlyExplanation
National Green Tribunal (NGT) is a statutory body established under the National Green Tribunal Act 2010 for effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources including enforcement of any legal right relating to environment. It has a full-time chairperson and following members: a chairman, at least 10 and maximum 20 Full time judicial members and at least 10 and maximum 20 full time experts appointed by the Central government. The person should have been either a Judge of India’s Supreme Court or Chief Justice of a High Court in India to be appointed as the chairman. The chairman and members of the Tribunal hold office for a term of 5yrs and are not eligible for re-appointment. It has Original Jurisdiction on matters of “substantial question relating to environment” and “damage to the environment due to specific activity”. The NGT is not bound by the procedure laid down under the Code of Civil Procedure, 1908, but shall be guided by principles of natural justice. NGT is also not bound by the rules of evidence as enshrined in the Indian Evidence Act, 1872. Hence statement 2, 3 and 4 only are correctRate this question:
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- 15.
Who among the following administers oath of office to Chief Minister?
- A.
Chief justice of concerned state High Court.
- B.
Speaker of State legislative assembly.
- C.
Governor.
- D.
Protem Speaker.
Correct Answer
C. Governor.Explanation
Before the Chief Minister enters his office, the governor administers to him the oaths of office and secrecy.Rate this question:
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- 16.
Swayangsiddha scheme of the West Bengal can be linked to the provisions of which of the following Articles of the Constitution of India ?
- A.
Article 14.
- B.
Article 25.
- C.
Article 23
- D.
Article 24.
Correct Answer
A. Article 14.Explanation
To curb human trafficking Bengal state police has come up with a self-reliance scheme known as Swayangsiddha. This can be linked to Article 23 which prohibits the traffic in human beings and forced labor such as begar. The Human Trafficking is the illegal trade in human beings for the purposes of commercial sexual xploitation, prostitution or forced labor.Rate this question:
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- 17.
With reference to the constitution of the Water Dispute Tribunals in India consider the following statements: 1. The inter-state river water disputes tribunals are constituted under Inter- State River Water Disputes Act of 1956. 2. Till date no inter-state river water disputes tribunal has been constituted. 3. The Chairman and members of such tribunal are nominated by the Chief Justice of India. Which of the above statement(s) is/are correct?
- A.
3 only
- B.
1 and 3 only
- C.
2 only
- D.
2 and 3 only
Correct Answer
B. 1 and 3 onlyExplanation
The inter-state river water disputes tribunals are constituted under Inter-State River Water Disputes Act of 1956, enacted under Article 262 of Constitution of India. Hence statement 1 is correct. There are various inter-state river water disputes tribunals which have been constituted under the Act of 1956 viz. Ravi and Beas Water Tribunal, Vamsadhara Water Disputes Tribunal, Mahadayi Water Disputes Tribunal, Mahanadi Water Disputes Tribunal and Krishna Water Disputes Tribunal. Hence statement 2 is incorrect. As per provisions of the Inter-State River Water Disputes (ISRWD) Act, 1956, the Tribunal shall consist of a Chairman and two other Members nominated by the Chief Justice of India from amongst the Judges of the Supreme Court or High Court. Hence statement 3 is correctRate this question:
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- 18.
Which of the following are correct statements? 1. When no party has a clear majority in the assembly, then the governor may exercise his personal discretion in the selection and appointment of the Chief Minister. 2. Before appointment of Chief Minister, he or she has to prove majority in the State legislative assembly. 3. Speaker of State legislative assembly advises the governor with regard to the summoning and proroguing of the sessions of the state legislature.
- A.
1,2,3
- B.
1, 3 Only
- C.
3 Only
- D.
1 Only
Correct Answer
D. 1 OnlyExplanation
When no party has a clear majority in the assembly, then the governor may exercise his personal discretion in the selection and appointment of the Chief Minister. In such a situation, the governor usually appoints the leader of the largest party or coalition in the assembly as the Chief Minister and ask him to seek a vote of confidence in the House within a month.
The Constitution does not require that a person must prove his majority in the legislative assembly before he is appointed as the Chief Minister. The governor may first appoint him as the Chief Minister and then ask him to prove his majority in the legislative assembly within a reasonable period.
Chief Minister advises the governor with regard to the summoning and proroguing of the sessions of the state legislature.Rate this question:
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- 19.
Which of the following are true regarding the Representation of Peoples Act, 1951?
- A.
Section 123 in the Representation of the People Act, 1951 deals with Corrupt practices.
- B.
Umesh Sinha was appointed to suggest changes to Section 126 of the Representation of the People Act, 1951 in view of social media expansion...
- C.
Lily Thomas case is related to the Representation of Peoples Act, 1951?
- D.
All of the statements given above are correct.
Correct Answer
D. All of the statements given above are correct.Explanation
In Abhiram Singh v C.D. Commachen by a 4-3 majority ruling, a seven-judge Constitution Bench held that an election will be annulled if votes are sought in the name of the religion of the candidate.
The majority view interpreted Section 123(3) of the Representation of the People Act to mean that this provision was laid down with an intent “to clearly proscribe appeals based on sectarian, linguistic or caste considerations”.“An appeal in the name of religion, race, caste, community or language is impermissible under the RPA, 1951 and would constitute a corrupt practice sufficient to annul the election in which such an appeal was made regardless whether the appeal was in the name of the candidate’s religion or the religion of the election agent or that of the opponent or that of the voter’s,” the majority judges ruled.Umesh Sinha was appointed to suggest changes to Section 126 of the Representation of the People Act, 1951 in view of social media expansion.Lily Thomas case challenged the constitutional validity of section 8(4) of the RPA.Rate this question:
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- 20.
With reference to the National Legal Services Authority (NALSA) consider the following statements: 1. It has been constituted under the Legal Services Authorities Act of 1987. 2. It provides free Legal Services to all sections of the Indian society. 3. The Chief Justice of India is the Executive Chairman of it. Which of the above statements are correct?
- A.
1 and 2 only
- B.
2 and 3 only
- C.
1 and 3 only
- D.
All of the above
Correct Answer
C. 1 and 3 onlyExplanation
The National Legal Services Authority (NALSA) has been constituted under the Legal Services Authorities Act of 1987. Hence statement 1 is correct. The NALSA has been constituted to provide free Legal Services to the weaker sections of the society. Hence statement 2 is incorrect. The Chief Justice of India is the Executive Chairman of the NALSA. Hence statement 3 is correct.Rate this question:
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- 21.
Consider the following statements: I. On the advice of the chief minister, Governor can remove a minister at a time when the council of ministers enjoys the confidence of the legislative assembly. II. Council of ministers are collectively responsible to the legislative assembly of the state. Which of the statements given above is/are correct?
- A.
I Only
- B.
II Only
- C.
Both I and II
- D.
Neither I nor II
Correct Answer
C. Both I and IIExplanation
Article 164 states that the council of ministers are collectively responsible to the legislative assembly of the state.
Article 164 also contains the principle of individual responsibility. It states that the ministers hold office during the pleasure of the governor. This means that the governor can remove a minister at a time when the council of ministers enjoys the confidence of the legislative assembly. But, the governor can remove a minister only on the advice of the chief minister.Rate this question:
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- 22.
Which of the following statements is true regarding the MPLADS scheme? 1. A Nominated MP must choose a constituency from the state of his domicile to implement the MPLADS scheme. 2. The scheme is funded and administered through the Union Ministry of Finance. Codes:
- A.
Only 1.
- B.
Only 2
- C.
Both 1 & 2.
- D.
Neither 1 nor 2.
Correct Answer
D. Neither 1 nor 2.Explanation
The MPLADS allots Rs.5 crore per year to each Member of Parliament (MP) to be spent on projects of their choice in their constituency. Lok Sabha MP has to choose a gram panchayat from the constituency he/she represents and the Rajya Sabha MP chooses it from the state he/she represents. A Nominated MP can choose any constituency from whole of India. MPs cannot pick villages which belong to themselves or their spouses. The scheme is funded and administered through the Union Ministry of Statistics and Programme Implementation (MoSPI).Rate this question:
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- 23.
With reference to the family courts in India consider the following statements: 1. These are the specialized courts which exclusively deal with family matters. 2. They have restrictive jurisdiction and does not have the power to decide on issues of contempt. 3. They are established by the Union Government in consultation with the High Court concerned. Which of the above statement(s) is/are not correct?
- A.
1 and 3 only
- B.
2 and 3 only
- C.
3 only
- D.
2 only
Correct Answer
C. 3 onlyExplanation
The Family Courts Act of 1984 provides for the establishment of family courts as Specialized Courts which exclusively deals with the family matters. The main purpose is to assist the smooth and effective disposal of cases relating to family matters. Hence statement 1 is correct. The Family Courts Act provides restrictive jurisdiction for Family Court and does not give the power to decide issues of contempt of court. Hence statement 2 is correct.The Family Courts are established by the State Governments in consultation with the High Courts. Hence statement 3 is incorrectRate this question:
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- 24.
Consider the following statements: I. Maximum strength of State legislative assembly of all states in India is fixed at 500. II. In some states, some members of legislative assemblies are elected indirectly. Which of the statements given above is/are correct?
- A.
I Only
- B.
II Only
- C.
Both I and II
- D.
Neither I nor II
Correct Answer
C. Both I and IIExplanation
The legislative assembly consists of representatives directly elected by the people on the basis of universal adult franchise. Its maximum strength is fixed at 500 and minimum strength at 60. It means that its strength varies from 60 to 500 depending on the population size of the state. However, in case of Arunachal Pradesh, Sikkim and Goa, the minimum number is fixed at 30 and in case of Mizoram and Nagaland, it is 40 and 46 respectively. Further, some members of the legislative assemblies in Sikkim and Nagaland are also elected indirectly.Rate this question:
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- 25.
Identify correct statements from the following. 1. The principles of natural justice are an integral part of the guarantee of equality assured by Art. 14 2. In India, the constitution is the result of the rights of individual. Codes:
- A.
Only 1.
- B.
Only 2
- C.
Both 1 & 2.
- D.
Neither 1 nor 2.
Correct Answer
A. Only 1.Explanation
Natural rights are an integral part of Article 14 according to the Supreme Court in the Maneka Gandhi Judgement. In India, the rights of individuals are a result of the constitution unlike the British Constitution.Rate this question:
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- 26.
With reference to the National Commission for Scheduled Castes (SCs) consider the following statements: 1. It has been established under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act of 1989. 2. In addition to the Scheduled Castes the Commission discharges the similar functions for the Other Backwards Communities (OBCs) and Anglo-Indian Community. Which of the above statement(s) is/are correct?
- A.
Only 1.
- B.
Only 2
- C.
Both 1 & 2.
- D.
Neither 1 nor 2.
Correct Answer
B. Only 2Explanation
The National Commission for Scheduled Castes (SCs) is a constitutional body established under the Article 338. Hence statement 1 is incorrect. The Commission investigate into and report on the working of the constitutional and other legal safeguards relating to the Other Backwards Communities (OBCs) and Anglo-Indian Community. Hence statement 2 is correct.Rate this question:
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- 27.
Consider the following statements: I. Constitution provided for the reservation of seats for scheduled castes, scheduled tribes and backward classes in the assembly of each state on the basis of population ratios. II. This reservation is to last until 2020. Which of the statements given above is/are correct?
- A.
I Only
- B.
II Only
- C.
Both I and II
- D.
Neither I nor II
Correct Answer
B. II OnlyExplanation
The Constitution provided for the reservation of seats for scheduled castes and scheduled tribes in the assembly of each state on the basis of population ratios.
Originally, this reservation was to operate for ten years (i.e., up to 1960). But this duration has been extended continuously since then by 10 years each time. Now, under the 95th Amendment Act of 2009, this reservation is to last until 2020.Rate this question:
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- 28.
Despite police being the subject of state list, the Parliament has enacted Police Forces (Restriction of Rights) Act, 1966. Which of the following articles of the constitution enabled the Parliament to enact this law?
- A.
Article 249.
- B.
Article 253.
- C.
Article 35.
- D.
Article 252.
Correct Answer
C. Article 35.Explanation
Article 35 in The Constitution Of India states that Parliament shall have, and the Legislature of a State shall not have, power to make laws with respect to any of the matters which under clause ( 3 ) of Article 16, clause ( 3 ) of Article 32, Article 33 and Article 34 may be provided for by law made by Parliament; Since the Police Forces (Restriction of Rights) Act, 1966 deals with restricting the rights of the Police, the state legislature cannot enact laws on it.Rate this question:
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- 29.
Consider the following statements about the Citizenship Act, 1955: 1. It identifies the persons who became citizens of India at the commencement of the Constitution. 2. It also prescribes the ways of losing citizenship. 3. As per the Act, a person cannot acquire citizenship by the way of ‘Incorporation of territory’. Which of the statement(s) given above is/are correct?
- A.
1 only
- B.
2 only
- C.
1, 2 and 3
- D.
None
Correct Answer
B. 2 onlyExplanation
Citizenship Act, 1955 The Act provides for acquisition and loss of citizenship after the commencement of the Constitution. The Act prescribes five ways of acquiring citizenship:
1. Birth
2. Descent
3. Registration
4. Naturalisation
5. Incorporation of territory
The Act prescribes three ways of losing citizenship whether acquired under the Act or prior to it under the Constitution:
1.By Renunciation
2.By Termination
3.By Deprivation
The Constitution deals with the citizenship from Articles 5 to 11 under Part II. However, it contains neither any permanent nor any elaborate provisions in this regard. It only identifies the persons who became citizens of India at its commencement (i.e., on January 26, 1950). IT does not deal with the problem of acquisition or loss of citizenship subsequent to its commencement.Rate this question:
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- 30.
Which of the following is a correct statement regarding State Legislative council?
- A.
The members of the legislative council are directly elected.
- B.
Size of the council depends on the size of the assembly of the concerned state.
- C.
Maximum strength is fixed at 40
- D.
None of the above
Correct Answer
B. Size of the council depends on the size of the assembly of the concerned state.Explanation
The members of the legislative council are indirectly elected. The maximum strength of the council is fixed at one-third of the total strength of the assembly and the minimum strength is fixed at 40. It means that the size of the council depends on the size of the assembly of the concerned state.Rate this question:
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- 31.
Article 19 (1) (g) guarantees that all citizens shall have the right to practice any profession, or to carry on occupation, trade or business. This also allows the state to monopolize certain businesses/ Professions. Which of the following businesses/ professions cannot be monopolized by the state?
- A.
Electronic media.
- B.
Public health.
- C.
Manufacture of defence Equipment.
- D.
Oil trade.
Correct Answer
A. Electronic media.Explanation
Article 19 (1) (a), which deals with freedom of speech and expression, also includes the Right to telecast. Hence, the government having monopoly over Electronic media is akin to curbing the right of the citizen to telecast.Rate this question:
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- 32.
The State of Jammu and Kashmir was recently put under the President’s rule. Consider the following statements regarding it. 1. In case of failure of the State government, six month’s Governor’s rule has to be compulsorily imposed 2. The State will directly come under the President’s rule after the tenure of six months is over. Which of the statement(s) given above is/are correct?
- A.
Only 1.
- B.
Only 2
- C.
Both 1 & 2.
- D.
Neither 1 nor 2.
Correct Answer
C. Both 1 & 2.Explanation
In all states of India, the state government's failure results in President's rule. The process is slightly more nuanced in Jammu and Kashmir where not the President's but Governor's rule is imposed. Under the Article 92 of the Jammu and Kashmir Constitution, when the State government fails, six months of Governor’s rule is compulsory under which all the legislature powers are vested with the Governor. Under the Governor's rule, the State Assembly is either kept in suspended animation or dissolved. The Governor has to dissolve the Legislative Assembly after the tenure of six months is over and the State will directly come under the President’s rule for following six months during which elections have to be declared in State. In case the elections are not declared, President’s rule can be extended by another six months. No Presidential proclamation shall in any case remain in force for more than three years except for the intervention of the Election Commission of India, which has to certify that the continuance in force of the Proclamation is necessary on account of difficulties in holding elections to the Legislative Assembly.Rate this question:
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- 33.
Consider the following statements: 1. No criminal proceedings shall be instituted against the Governor of a State by 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?
- A.
Only 1.
- B.
Only 2
- C.
Both 1 & 2.
- D.
Neither 1 nor 2.
Correct Answer
C. Both 1 & 2.Explanation
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 cannot be diminished during his term of office. Thus both statements are right.Rate this question:
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- 34.
Identify the correct statements from the following. 1. The basic structure doctrine is a result of the conflict between Articles 13 and 368 of the Indian Constitution. 2. Sovereignty of the elected representatives is the basis of of the amendment procedure. Codes:
- A.
Only 1.
- B.
Only 2
- C.
Both 1 & 2.
- D.
Neither 1 nor 2.
Correct Answer
C. Both 1 & 2.Explanation
Self explanatory.Rate this question:
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- 35.
The NITI Aayog has released the second ‘delta’ ranking of 111 Aspirational Districts. What are these Aspirational Districts?
- A.
The districts which have shown highest progress in social indicators like, health and education.
- B.
The districts which have contributed the most to the State GDP.
- C.
The districts which have the least ‘Income distance’ from the district with the highest per capita income in the country.
- D.
The districts which have shown relatively lesser progress in key social areas and have emerged as pockets of under-development.
Correct Answer
D. The districts which have shown relatively lesser progress in key social areas and have emerged as pockets of under-development.Explanation
The NITI Aayog has released the second ‘delta’ ranking of 111 most underdeveloped districts (Aspirational Districts). The ranking measured the incremental progress made by districts between June 1, 2018 and October 31, 2018. Tamil Nadu’s Virudhunagar showed the most improvement, between June and October, while Jharkhand’s Pakur reflected the least improvement
The Aspirational District Programme -
It was launched on January 5, 2018. It aims to rapidly transform the districts that have shown relatively lesser progress in key social areas and have emerged as pockets of under-development, thereby posing a challenge to ensure balanced regional development. The broad contours of the programme are Convergence (of Central & State Schemes), Collaboration (of Central, State level ‘Prabhari’ Officers & District Collectors), and Competition among districts driven by a mass Movement. With States as the main drivers, this program will focus on the strength of each district, identify low-hanging fruits for immediate improvement, measure progress, and rank districts.Rate this question:
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- 36.
Which of the following are the discretionary powers given to the Governor of a State? 1. Sending a report to the President of India for imposing the President’s rule 2. Appointing the Ministers 3. Reserving certain bills passed by the State Legislature for consideration of the President of India 4. Making the rules to conduct the business of the State Government. Select the correct answer using the code given below.
- A.
1 and 3 only
- B.
1, 2, 3 and 4
- C.
1 and 2 only
- D.
2, 3 and 4 only
Correct Answer
A. 1 and 3 onlyExplanation
The governor has constitutional discretion in the following cases:
1. Reservation of a bill for the consideration of the President.
2. Recommendation for the imposition of the President’s Rule in the state.
3. While exercising his functions as the administrator of an adjoining union territory (in case of additional charge).
4. Determining the amount payable by the Government of Assam, Meghalaya, Tripura and Mizoram to an autonomous Tribal District Council as royalty accruing from licenses for mineral exploration.
5. Seeking information from the chief minister with regard to the administrative and legislative matters of the state.Rate this question:
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- 37.
Identify the correct statements from the following. 1. The government has to resign if it fails to get an amendment bill (under article 368) passed in the Lok Sabha. 2. The President must give his assent to a constitutional amendment bill passed by due process. Codes:
- A.
Only 1.
- B.
Only 2
- C.
Both 1 & 2.
- D.
Neither 1 nor 2.
Correct Answer
B. Only 2Explanation
The government of the day need not resign if it fails to get a constitutional amendment bill passed because it doesn’t express the want of confidence of the Lok Sabha, as long as the Government enjoys simple majority. The majority required to pass a constitutional amendment bill is two thirds. The President must give his assent to a constitutional amendment bill passed by due process.Rate this question:
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- 38.
The Sustainable Development Goals (SDG) India Index baseline report has been released by the NITI Aayog. Consider the following statements regarding it. 1. SDG India Index score ranges from 0 to 1, with 1 denoting the achievement of the national target set for 2030. 2. SDG India Index measures the progress across all 17 Sustainable Development Goals. Which of the statement(s) given above is/are correct?
- A.
Only 1.
- B.
Only 2
- C.
Both 1 & 2.
- D.
Neither 1 nor 2.
Correct Answer
D. Neither 1 nor 2.Explanation
•The NITI Aayog has released the Sustainable Development Goals (SDG) India Index, which comprehensively documents the progress made by India’s States and Union Territories towards implementing the 2030 United Nations’ Sustainable Development Goals targets. •Himachal Pradesh, Kerala, and Tamil Nadu have been ranked highest in terms of being on track to achieve the United Nations’ SDG. The average Indian score was 57
•The SDG India Index was developed in collaboration with the Ministry of Statistics & Programme Implementation (MoSPI), Global Green Growth Institute and United Nations in India.
•The Index spans 13 out of 17 SDGs. Progress on SDGs 12, 13 & 14 could not be measured as relevant State/UT level data were not available and SDG 17 was left out as it focuses on international partnerships.
•A composite score was computed between the range of 0-100 for each State and UT.Rate this question:
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- 39.
Which of the following is correct statement?
- A.
High court can hear matter of criminal cases in the first instance.
- B.
High court can hear appeals in constitutional matters.
- C.
President can create common high court for two or more states.
- D.
None of the above
Correct Answer
D. None of the aboveExplanation
High court and Supreme court has Civil Original jurisdiction but not Criminal Original jurisdiction.
Appellate jurisdiction of High court does not cover constitutional matters. It is because the subordinate courts in India does not interpret constitution.
7th Constitutional Amendment Act empowered Parliament to create common high court for two or more states. President works with the aid and advice of Council of Ministers,i.e., the executive. Thus, President is not empowered to create a common high court.Rate this question:
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- 40.
Recently, a celebrity was convicted by a Chief Judicial Magistrate and the High Court upheld the conviction and sentenced to five years in prison in the blackbuck poaching case. Which of the following best describes the reason for this trial not taking place in the National Green Tribunal (NGT)?
- A.
The crime was committed much earlier before the passage of NGT act and hence he is protected by Article 20 of the Constitution from being tried in NGT.
- B.
Crimes committed under the Wildlife (protection) act are not covered under the NGT act.
- C.
These crimes are governed by international agreements signed by India.
- D.
None of the above options is correct..
Correct Answer
B. Crimes committed under the Wildlife (protection) act are not covered under the NGT act.Explanation
The green laws that the National Green Tribunal is empowered to adjudicate on does not cover the Wildlife Protection Act 1972, though the body is empowered to deal with issues pertaining to forest clearances under the Forest Conservation Act 1980, besides other regulations and legislations.Rate this question:
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- 41.
The Nikshay Poshan Yojana is related to:
- A.
Raising nutrition level in the country on a war footing
- B.
Nutritional support to Tuberculosis patients
- C.
Universal Basic Income
- D.
Cash transfer in lieu of the food grain for the targeted Public Distribution System
Correct Answer
B. Nutritional support to Tuberculosis patientsExplanation
Nikshay Poshan Yojana (NPY) direct benefit transfer (DBT) scheme for nutritional support to Tuberculosis (TB) patients. It was rolled out from April, 2018. Benefits:
• Financial incentive of Rs. 500 per month for each notified TB patient
• Incentive for the complete duration of anti-TB treatment to the patientRate this question:
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- 42.
Consider the following statements: I. Additional and Acting judges in High court are appointed by the President. II. Judges appointed to High court must not be less than 60 years of age. Which of the statements given above is/are correct?
- A.
I Only
- B.
II Only
- C.
Both I and II
- D.
Neither I nor II
Correct Answer
A. I OnlyExplanation
Additional and Acting judges in High court are appointed by the President.
There is no minimum age for appointment of judges in Supreme Court and High Court.Rate this question:
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- 43.
A: Consultative committees of parliament are headed by the Ministers concerned. R: Consultative Committees are constituted by the Ministry of Parliamentary affairs. Codes:
- A.
Both, A and R, are true and R is the correct explanation of A
- B.
Both, A and R, are true but R is not the correct explanation of A
- C.
If A is true but R is false
- D.
If A is false but R is true
Correct Answer
B. Both, A and R, are true but R is not the correct explanation of AExplanation
The Ministry of Parliamentary Affairs constitutes Consultative Committees of Members of both the Houses of Parliament for different ministries. The Minister in-charge of the Ministry concerned acts as the chairman of the Committee. The main purpose of these Committees is to provide a forum for informal discussions between the Government and Members of Parliament on policies and programs of the Government and the manner of their implementation. Meetings of these Committees are held both during the session and inter-session period of ParliamentRate this question:
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- 44.
With reference to the proposed Unified Water Dispute Tribunal consider the following statements: 1. It envisages constituting a standalone Tribunal with permanent establishment and permanent office space and infrastructure. 2. The proposed Dispute Resolution Committee (DRC) will be constituted by the Supreme Court. 3. It provides for a fixed time period for resolutions of the water disputes. Which of the above statement(s) is/are correct?
- A.
Only 1 and 2
- B.
All of the above
- C.
Only 1 and 3
- D.
Only 2 and 3
Correct Answer
C. Only 1 and 3Explanation
The Inter-State River Water Disputes (Amendment) Bill, 2017 amends the existing ISRWD Act, 1956. The Bill envisages constituting a standalone Tribunal with permanent establishment and permanent office space and infrastructure so as to obviate with the need to set up a separate Tribunal for each water dispute which is invariably a time- consuming process. Hence statement 1 is correct. The Bill includes a provision for establishment of a Dispute Resolution Committee (DRC) by the Central Government for resolving disputes amicably. Hence statement 2 is incorrect. The Bill envisages resolution of inter-State water disputes within a maximum period of one year and six months. Hence statement 3 is correct.Rate this question:
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- 45.
How is the National Green Tribunal (NGT) different from the Central Pollution Control Board (CPCB) I. The NGT has been established by an Act whereas the CPCB has been created by an executive order of the Government. II. The NGT provides environmental justice and helps reduce the burden of litigation in the higher courts whereas the CPCB promotes cleanliness of streams and wells, and aims to improve the quality of air in the country. Which of the statements given above is/are correct?
- A.
I Only
- B.
II Only
- C.
Both I and II
- D.
Neither I nor II
Correct Answer
B. II OnlyExplanation
Central Pollution Control Board (CPCB), is statutory organization, was constituted in September, 1974 under the Water (Prevention and Control of Pollution) Act, 1974. So statement I is wrong.
National Green Tribunal (NGT) was set up in 2010 under the NGT Act, 2010, for the purpose of effective and expeditious disposal of cases relating to environmental protection. The Tribunal shall not be bound by the procedure laid down under the Code of Civil Procedure, 1908, but shall be guided by principles of natural justice. The Tribunal is mandated to make an endeavor for disposal of applications or appeals finally within 6 months of filing.Rate this question:
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- 46.
Who among the following aids the President of India in notifying the date of election of the Speaker of the Lok Sabha?
- A.
Pro tem Speaker.
- B.
Minister for Parliamentary Affairs.
- C.
Election Commission of India.
- D.
Secretary General, Loksabha.
Correct Answer
D. Secretary General, Loksabha.Explanation
Newly elected Member of Parliament from Lok Sabha elects the Speaker among themselves. It is desired Speaker should be someone who understands Lok Sabha functions and it is someone accepted among the ruling and opposition parties.
MP’s propose a name to Pro-term speaker. These names are notified to President of India. President through their aid Secretary General notifies the election date. If only name is proposed, Speaker is elected without any formal vote. However, if more than 1 nominations are received. A division(vote) is called. MPs vote for their candidate on such date notified by President. Successful candidate is elected as Speaker of the Lok Sabha until next general election.Rate this question:
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- 47.
Consider the following statements with respect to National Commission for Women: 1. It is a constitutional body created under the National Commission for Women Act, 1990. 2. It consists of a chairperson, five members and member secretary nominated by the central government. 3. The Commission presents an annual report to the President on works done towards the safeguards for women. Choose the incorrect statement(s):
- A.
2 and 3 only
- B.
1 and 2 only
- C.
1 and 3 only
- D.
All of the above
Correct Answer
C. 1 and 3 onlyExplanation
National Commission for Women The National Commission for Women is a statutory body established in January 1992 under the National Commission for Women Act, 1990.
Composition: The NCW is made up of a chairperson, five members and a member secretary. A person ‘committed to the cause of women” is nominated and appointed as Chairperson by the Central Government. The Five members are also nominated by the central Government. They are “persons of ability, integrity and standing who have had experience in law or legislation, trade unionism, management of an industry or organization committed to increasing the employment potential of women, women’s voluntary organizations (including women activists), administration, economic development, health, education or social welfare. One member must be from SC / ST. Chairperson and members are removed by Central Government.
Present reports to central government on work done towards these safeguards.Rate this question:
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- 48.
In India, Judicial Review implies
- 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
A. The power of the Judiciary to pronounce upon the constitutionality of laws and executive orders.Explanation
Article 13 declares that all laws that are inconsistent with or in derogation of any of the fundamental rights shall be void.
The term ‘law’ in Article 13 has been given a wide connotation so as to include the following:
(a) Permanent laws enacted by the Parliament or the state legislatures;
(b) Temporary laws like ordinances issued by the president or the state governors;
(c) Statutory instruments in the nature of delegated legislation (executive legislation) like order, bye-law, rule, regulation or notification; and
(d) Non-legislative sources of law, that is, custom or usage having the force of law.
Thus, not only a legislation but any of the above can be challenged in thecourts as violating a Fundamental Right and hence, can be declared as void.
Supreme Court held in the Kesavananda Bharati case2 (1973) that a Constitutional amendment can be challenged on the ground that it violates a fundamental right that forms a part of the ‘basic structure’ of the Constitution and hence, can be declared as void.Rate this question:
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- 49.
Identify correct statements from the following. 1. Introduction of a Public Bill in the Parliament requires 7 days prior notice. 2. Private member’s Bills can be introduced and discussed only on Fridays. Codes:
- A.
Only 1.
- B.
Only 2
- C.
Both 1 & 2.
- D.
Neither 1 nor 2.
Correct Answer
C. Both 1 & 2.Explanation
Introduction of a Public Bill in the Parliament requires 7 days prior notice.Private member’s Bills introduction in the house requires one month’s prior notice.While government Bills can be introduced and discussed on any day, private member’s Bills can be introduced and discussed only on Fridays.Rate this question:
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- 50.
With reference to the Press Council of India, consider the following statements: 1. The Press Council of India is a statutory body created by Press Council Act of 1978. 2. The Press Council of India jurisdiction is only limited to print media. Which of the above-mentioned statement(s) is/are correct?
- A.
Only 1.
- B.
Only 2
- C.
Both 1 & 2.
- D.
Neither 1 nor 2.
Correct Answer
C. Both 1 & 2.Explanation
Press Council of India The Press Council of India is a statutory body created by Press Council Act of 1978. It is the apex body for the regulation of the Press in India. It enjoys independence from the government. It acts as the regulator that defines and discharge professional standards for the print media in India. It is considered as the most important bodies that sustain democracy and to ensure that freedom of speech. The objective of Press Council of India is to preserve the freedom of the press and of maintaining and improving the standards of the press in India. It arbitrates the complaints against and by the press for violation of ethics and for violation of the freedom of the press respectivelyRate this question:
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Mar 14, 2022Quiz Edited by
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Apr 19, 2019Quiz Created by
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