Revision Series | Polity | Miscellaneous| 101

August 23, 2023

Consider the following statements regarding appellate jurisdiction of the Supreme Court to grant Special Leave:
1. It is applicable only to civil matters only
2. It is mentioned under Article 134 of Indian Constitution.
3. It is a discretionary power of the Supreme Court.
Which of the statements mentioned above are incorrect?

(A) 1 and 2 only
(B) 2 and 3 only
(C) 1 and 3 only
(D) 1,2 and 3

Show Answer

Answer: (a)

Article 136 of the Indian Constitution

The Supreme Court is authorised to grant in its discretion special leave to appeal from any
judgement in any matter passed by any court or tribunal in the country (except military tribunal
and court martial). It is a discretionary power and hence, cannot be claimed as a matter of right.
Hence statement 3 is correct.
It can be granted in any judgment whether final or interlocutor.
It may be related to any matter—constitutional, civil, criminal, income tax, labour, revenue, advocates, etc. Hence statement 1 is not correct.

Passing of which of the following motions may lead to the censuring of a minister?
1. Privilege Motion
2. Censure Motion
3. Calling Attention Motion
Select the correct answer using the code give below:

(A) 1 and 2 only
(B) 2 and 3 only
(C) 1 and 3 only
(D) 1,2 and 3

Show Answer

Answer: (a)

Privilege Motion: It is concerned with the breach of parliamentary privileges by a minister. It is moved by a member when he feels that a minister has committed a breach of privilege of the House or one or more of its members by withholding facts of a case or by giving wrong or distorted facts. Its purpose is to censure the concerned minister. Hence, option 1 is correct.
Censure Motion: It can be moved against an individual minister or a group of ministers or the entire council of ministers. It is moved for censuring the council of ministers for specific policies and actions. Hence, option 2 is correct.
Calling Attention Motion: It is introduced in the Parliament by a member to call the attention of a minister to a matter of urgent public importance, and to seek an authoritative statement from him on that matter. Hence, option 3 is not correct.

Which of the following statement is correct regarding appropriation bill?

(A) The government can withdraw money from the Consolidated Fund of India before the enactment of the appropriation bill.
(B) It can be introduced either in Lok Sabha or Rajya Sabha.
(C) The Constitution under Article 116 has authorised the Lok Sabha to make any grant in advance in respect to the estimated expenditure for a part of the financial year
(D) None of the above

Show Answer

Answer: (c)

The Constitution under Article 114 states that ‘no money shall be withdrawn from the Consolidated Fund of India except under appropriation made by law’.
It cannot be introduced in the Rajya Sabha.
The passing of the Appropriation Bill takes time and usually goes on till the end of April. But the government needs money to carry on its normal activities after 31 March (the end of the financial year). To overcome this functional difficulty, the Constitution under Article 116 has authorised the Lok Sabha to make any grant in advance in respect to the estimated expenditure for a part of the financial year, pending the completion of the voting of the demands for grants and the enactment of the appropriation bill.

Which of the following statement is correct with reference to the Vice President Of India?
1. The resolution for the removal of Vice president can be initiated only from Rajya Sabha.
2. The resolution for removal must be passed by a special majority by both the Houses of the Parliament separately
3. The Constitution has not mentioned any ground for the removal of the Vice president.
Code:

(A) 1 and 3 only
(B) 1 and 2 only
(C) 3 only
(D) 1, 2 and 3

Show Answer

Answer: (a)

He can be removed by a resolution of the Rajya Sabha passed by an absolute majority (i.e. a majority of the total members of the House) and agreed to by the Lok Sabha. Hence statement 2 is not correct.
Notably, no ground has been mentioned in the Constitution for his removal.

With reference to a Judge of the High Court in India, consider the following statements:
1. A distinguished jurist can be appointed as High Court Judge.
2. One should have been an advocate for 10 years of in any court to be eligible for appointment as a judge of high court.
3. A Judge subscribes to an oath or affirmation before the governor of the state.
Which of the statements given above is/are incorrect?

(A) 2 only
(B) 1 and 3 only
(C) 1 and 2 only
(D) 1, 2 and 3

Show Answer

Answer: (c)

A person to be appointed as a judge of a high court, should have the following qualifications:

He should be a citizen of India.
He should have held a judicial office for 10 years in the territory of India.
He should have been an advocate for 10 years of a high court (or high courts in succession).

A person when appointed as a judge of a high court, has to make and subscribe an oath before the governor of the state or some person appointed by him for this purpose, before entering upon his office.

Who among the following is the final authority to determine as to whether a particular matter falls under the residuary power or not?

(A) The Speaker of the Lok Sabha
(B) The Rajya Sabha by a resolution
(C) The Supreme Court of India
(D) The President of India

Show Answer

Answer: (c)

Article 248 provides the residuary powers to the union. This article says that Parliament has exclusive power to make any law with respect to any matter not enumerated in any one of the three lists. It is quite interesting to note that the residuary powers, in India, are given to the union, while in the United States of America and Australia these powers are assigned to the states. This reflects the leanings of the constitution-makers towards a strong center.
Another notable thing regarding residual powers is that “the final determination as to whether a particular matter falls under the residuary power or not is that of the courts.”

Which of the following statements are correct regarding Census?
1. Census is legally backed by the Census Act, 1948, and is conducted as a compulsory exercise with voluntary disclosure of information.
2. Census is conducted and maintained by the Registrar General of India and Census Commissioner of India, Ministry of Home Affairs.
Which of the statements given above is/are correct?

(A) 1 only
(B) 2 only
(C) Both 1 and 2
(D) Neither 1 nor 2

Show Answer

Answer: (b)

Census is legally backed by the Census Act, 1948, and is conducted as a compulsory exercise with compulsory disclosure of information.
Census is conducted and maintained by the Registrar General of India and Census Commissioner of India, Ministry of Home Affairs.

Which of the following statements are correct regarding State Finance Commission?
1. It is constituted by the Governor of a State at the expiration of every fifth year.
2. It works in close coordination with the Finance Commission of India to determine the distribution of net proceeds of taxes between the Centre and the States.
3. It recommends the grants-in-aid to the Panchayats and Municipalities from the Consolidated Fund of the India.
Correct Code:

(A) 1 only
(B) 1 and 3 only
(C) 2 and 3 only
(D) 1, 2 and 3

Show Answer

Answer: (a)

243I of the Indian Constitution prescribes that the Governor of a State shall, as soon as may be within one year from the commencement of the Constitution (Seventy-third Amendment) Act, 1992, and thereafter at the expiration of every fifth year, constitute a Finance Commission to review the financial position of the Panchayats and to make recommendations to the Governor as to:

The distribution between the State and the Panchayats of the net proceeds of the taxes, duties tolls and fees leviable by the State, which may be divided between them under this Part and the allocation between the Panchayats at all levels of their respective shares of such proceeds.

President can remove the UPSC members without consultation with Supreme court only on the grounds of
1. Infirmity of mind or body
2. Adjudged as insolvent
3. Misbehaviour
4. Paid employment outside the duties of the office
Select the correct answer using the code given below.

(A) 1 and 3 only
(B) 3 and 4 only
(C) 1, 2 and 4 only
(D) 1, 2, 3 and 4

Show Answer

Answer: (c)

The President can remove the chairman or any other member of UPSC from the office under the following circumstances:

If he is adjudged an insolvent (that is, has gone bankrupt);
If he engages, during his term of office, in any paid employment outside the duties of his office; or
If he is, in the opinion of the president, unfit to continue in office by reason of infirmity of mind or body.
In addition to these, the President can also remove the chairman or any other member of UPSC for misbehaviour. However, in this case, the president has to refer the matter to the Supreme Court for an inquiry. If the Supreme Court, after the enquiry, upholds the cause of removal and advises so, the president can remove the chairman or a member. Under the provisions of the Constitution, the advice tendered by the Supreme Court in this regard is binding on the president.

Consider the following statements:
1. Protection of Human Rights Act of 1993 provides for the creation of National Human Rights Commission and State Human Rights Commission.
2. Chairperson of the state Human Rights Commission (SHRC) is appointed and removed by the President of India.
Which of the statements given above is/are correct?

(A) 1 only
(B) 2 only
(C) Both 1 and 2
(D) Neither 1 nor 2

Show Answer

Answer: (a)

Which of the following statements in the context of the Comptroller and Auditor General (CAG) of India is not correct?
1. CAG compiles and maintains accounts of both central and state governments.
2. CAG is removed by the President on the same grounds and in the same manner as a Supreme Court judge
3. CAG submits annual audit report to the President of India only.
Code:

(A) 1 and 2 only
(B) 3 only
(C) 2 only
(D) 1 and 3 only

Show Answer

Answer: (d)

Which of the following statements are correct regarding National Green Tribunal (NGT)?
1. It is a non-statutory body.
2. The Tribunal is mandated to make and endeavor for disposal of applications or appeals finally within 6 months of filing.
3. Justice Lokeshwar Singh Panta was the first Chairman of NGT.
Correct Code:

(A) 1 and 2 only
(B) 2 and 3 only
(C) 1 and 3 only
(D) 1, 2 and 3

Show Answer

Answer: (b)

The National Green Tribunal has been established on 18.10.2010 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 and giving relief and compensation for damages to persons and property and for matters connected therewith or incidental theret

The Tribunal is mandated to make and endeavour for disposal of applications or appeals finally within 6 months of filing of the same

Which of the following grant is given in advance by the Parliament to enable the government to carry on until the voting of demands for grants and the passing of the Appropriation Bill and Finance Bill?

(A) Vote of Credit
(B) Vote on Account
(C) Supplementary Grant
(D) Interim Budget

Show Answer

Answer: (b)

Which one of the following is the correct chronological order of the tenures of the following Presidents of Indian National Congress?
1. Jagjivan Ram
2. K Kamaraj
3. P D Tandon
4. U N Dhebar

(A) 1 2 4 3
(B) 2 3 4 1
(C) 3 4 2 1
(D) 3 4 1 2

Show Answer

Answer: (c)

Jagjivan Ram: 1970-71

Kamaraj: 1964

Purushottam Das Tondon: 1950

UN DhebarL 1955

Consider the following statements about the Attorney- General of India?
1. He is appointed by the President of India
2. He has the right to take part in the proceeding of the Parliament.
3. He has the right of audience in all courts in India.
Which of the statements given above are correct?

(A) 1 and 2
(B) 1 and 3
(C) 2 and 3
(D) All of these

Show Answer

Answer: (d)