Revision Series | Polity | Miscellaneous | 98

August 20, 2023

Consider the following statement with reference to national emergency in India?
1. President can proclaim National Emergency only after receiving a written recommendation from the cabinet.
2. Resolution approving the proclamation of emergency must be passed by a majority of more than 50% of the members present and voting in the Parliament House.
Code:

(A) 1 only
(B) 2 only
(C) Both 1 and 2
(D) None of the above

Show Answer

Answer: (a)

Under Article 352, the President can declare a national emergency when the security of India or a part of it is threatened by war or external aggression or armed rebellion. The President, however, can proclaim a national emergency only after receiving a written recommendation from the cabinet. This means that the emergency can be declared only on the concurrence of the cabinet and not merely on the advice of the Prime Minister.
Every resolution approving the proclamation of emergency or its continuance must be passed by either House of Parliament by a special majority, that is, (a) a majority of the total membership of that house, and (b) a majority of not less than two-thirds of the members of that house present and voting.

Which of the following article(s) is/are used by the Parliament while ceding territory of India to any other nation?
1. Article 1
2. Article 2
3. Article 3
4. Article 368
Code:

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

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Answer: (c)

The Supreme Court held that the power of Parliament to diminish the area of a state (under Article 3) does not cover the cession of Indian territory to a foreign country. Hence, Indian territory can be ceded to a foreign state only by amending the Constitution under Article 368.

Which of the following statements are correct regarding Central Bureau of Investigation (CBI)?
1. It is a statutory body formed under Delhi Special Police Establishment Act (DSPE), 1946.
2. It came under the control of Ministry of Home.
3. The CBI's functioning is superintended by the Central Vigilance Commission when the offenses being investigated come under the Prevention of Corruption Act, 1988.
Which of the statements given above is/are incorrect?

(A) 1 and 2 only
(B) 2 and 3 only
(C) 1 and 3 only
(D) All of the above

Show Answer

Answer: (a)

CBI is a non-constitutional and non-statutory body and enjoys the status of an attached office to the Ministry of Personnel. It derives its powers from the Delhi Special Police Establishment Act (DSPE), 1946.
CVC shall exercise superintendence over the functioning of the CBI insofar as it relates to the investigation of offences under the Prevention of Corruption Act, 1988. Hence statement 3 is correct.

Which of the following statements is/are correct?
1. 'Due process of Law' provides for judicial scrutiny against arbitrary action of executive only.
2. Article 21 of the Indian Constitution explicitly mentions the 'procedure established by law'.
Which of the statements given above is/are correct?

(A) 1 only
(B) 2 only
(C) Both 1 and 2
(D) None of the above

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Answer: (b)

Article 21 declares that no person shall be deprived of his life or personal liberty except according to the procedure established by law.
‘Due process of law’: In effect, the protection under Article 21 should be available not only against arbitrary executive action but also against arbitrary legislative action. Hence statements 1 and 2 are not correct.

Which of the following statement is correct?

(A) The Constitution of India only mentions the office of the Chief Election Commissioner (CEC) and not the Election Commissioners (EC).
(B) The CEC has overriding powers while deciding upon any matter or issue.
(C) Both CEC and ECs enjoy the security of tenure.
(D) None of the above

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Answer: (d)

Article 324 of the Constitution states that the Election Commission shall consist of the Chief Election Commissioner (CEC) and such number of other election commissioners (ECs), if any, as the president may from time-to-time fix. Hence statement 1 is not correct.
The CEC and the two other ECs have equal powers and receive equal salaries, allowances. (Similar to that of a judge of the Supreme Court). Hence statement 2 is not correct.
The CEC is provided with the security of tenure. He cannot be removed from his office except in the same manner and on the same grounds as a judge of the Supreme Court. Other ECs, cannot be removed from office except on the recommendation of the CEC. Hence statement 3 is not correct.

In reference to Special Officer for Linguistic Minorities, consider the following statements:
1. It was a part of the original constitution.
2. It was formed after the recommendation of SK Dhar commission.
3. The office falls under the Ministry of Minority Affairs.
Which of the statements given above are incorrect?

(A) 1 and 3 only
(B) 1 and 2 only
(C) 1, 2 and 3
(D) None

Show Answer

Answer: (b)

Originally, the Constitution of India did not make any provision with respect to the Special Officer for Linguistic Minorities. Hence statement 1 is correct.
Later on the recommendations of the States Reorganisation Commission (1953–55), the Seventh Constitutional Amendment Act of 1956 inserted a new Article 350-B.
At the Central level, the Commissioner falls under the Ministry of Minority Affairs. Hence, he submits the annual reports or other reports to the President through the Union Minority Affairs Minister.

Which of the following statements are correct with reference to Fundamental Duties?

(A) The Fundamental Duties were inspired by the Constitution of the USA.
(B) They are enforceable in nature.
(C) The Fundamental Duties have been amended only twice since their incorporation in the Constitution.
(D) None of the above.

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Answer: (d)

The Fundamental Duties in the Indian Constitution are inspired by the Constitution of erstwhile USSR. Hence statement 1 is not correct.
The Fundamental Duties have been amended only once since their incorporation. Hence statement 3 is correct.
Like the Directive Principles, the fundamental duties are also non-justiciable.

Which of the following statements are correct with reference to the Public Account Committee?
1. It is the oldest Parliamentary Committee formed in 1919.
2. Speaker is the ex- officio chairman of the committee.
3. A minister cannot be a member of the committee.
Code:

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

Show Answer

Answer: (c)

The Committee on Public Accounts is the oldest Parliamentary Committee and was first constituted in 1921. It was constituted under the GOI act 1919. Hence statement 1 is incorrect.
The Speaker is empowered to appoint the Chairman of the Committee from amongst its members. Hence statement 2 is not correct.
A minister cannot be elected as a member of the committee. Hence statement 3 is correct.

Which of the following statements is incorrect regarding Lok Adalat?

(A) It has been given statutory status under the Legal Services Authorities Act, 1987.
(B) The award by the Lok Adalat is not binding and it is appealable
(C) There is no strict application of procedural laws like the Civil Procedure
(D) There is no court fee and if court fee is already paid the amount will be refunded if the dispute is settled at Lok Adalat.

Show Answer

Answer: (b)

Lok Adalat has been given statutory status under the Legal Services Authorities Act, 1987. Hence statement 1 is correct.
There is no court fee and if court fee is already paid the amount will be refunded if the dispute is settled at Lok Adalat.
There is no strict application of procedural laws like the Civil Procedure laws like the Civil Procedure Code and the Evidence Act while assessing the claim by Lok Adalat.
The award by the Lok Adalat is binding on the parties and it has the status of a decree of a civil court and it is non appealable, which does not cause the delay in the settlement of disputes finally.

Consider the following statements with respect to Vote of Credit:
1. It is granted for meeting an unexpected demand upon the resources of India.
2. It is an extraordinary grant, and the details of the demand are not ordinarily given in a budget.
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: (c)

Vote of Credit: It is granted for meeting an unexpected demand upon the resources of India, when on account of the magnitude or the indefinite character of the service, the demand cannot be stated with the details ordinarily given in a budget. Hence, it is like a blank cheque given to the Executive by the Lok Sabha. Hence both the statements 1 and 2 are correct.

Which of the following types of urban local bodies is created by an act of the state government?
1. Cantonment Board
2. Town Area Committee
3. Port Trust
Select the correct answer using the code given below:

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

Show Answer

Answer: (d)

A cantonment board is established for municipal administration for civilian population in the cantonment area. It is set up under the provisions of the Cantonments Act of 2006—a legislation enacted by the Central government.
A town area committee is set up for the administration of a small town. It is a semi-municipal authority and is entrusted with a limited number of civic functions like drainage, roads, street lighting, and conservancy. It is created by a separate act of a state legislature. Its composition, functions and other matters are governed by the act. It may be wholly elected or wholly nominated by the state government or partly elected and partly nominated.
Port trust are created by an act of Parliament.

Which of the following types of bills need the prior recommendation of the president before introduction in the Parliament?
1. Money bill
2. Constitution Amendment bill
3. Alteration of boundaries of State
Select the correct answer using the code given below.

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

Show Answer

Answer: (c)

Which one of the following best defines the term ‘State’?

(A) A community of persons permanently occupying a definite territory independent of external control and possessing an organized government.
(B) A politically organized people of a definite territory and possessing an authority to govern them, maintain law and order, protect their natural rights and safeguard their means of sustenance.
(C) A number of persons who have been living in a definite territory for a very long time with their own culture, tradition and government
(D) A society permanently living in a definite territory with a central authority, an executive responsible to the central authority and an independent judiciary

Show Answer

Answer: (a)

Following are the elements of a state:

1) People, i.e. the community of persons permanently living there.

2) Government

3) Territory: Demarcated boundary that separates one state from the other.

4) Sovereignty: It has independent say in all domestic and external decision making

Which one of the following in Indian polity is an essential feature that indicates that it is federal in character?

(A) The independence of judiciary is safeguarded.
(B) The Union Legislature has elected representatives from constituent units.
(C) The Union Cabinet can have elected representatives from regional parties.
(D) The Fundamental Rights are enforceable by Courts of Law.

Show Answer

Answer: (a)

In a federal structure, the fundamental provisions of the constitution cannot be unilaterally changed by one level of government. Courts have the power to interpret the constitution. Independent Judiciary is the prerequisite.

Consider the following statements:
1. In India, there is no law restricting the candidates from contesting in one Lok Sabha election from three constituencies.
2. In 1991, Lok Sabha Election, Shri Devi Lal contested from three Lok Sabha constituencies
3. As per the existing rules, if a candidate contests in one Lok Sabha election from many constituencies, his/her party should bear the cost of bye-elections to the constituencies vacated by him/her in the event of him/her winning in all the constituencies.
Which of the statements given above is/are correct?

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

Show Answer

Answer: (b)

According to Section 33 of Representation of People Act 1951, “a person shall not be nominated as a candidate for election, in the case of a general election to the House of the People, from more than two Parliamentary constituencies.”.(restrictions for two seats capped )
In 1991 Lok Sabha Election, Shri Devi Lal contested from three Lok Sabha constituencies. Hence statement 2 is correct.
There is no such provision in the rules like, “if a candidate contests in one Lok Sabha election from many constituencies, his/her party should bear the cost of bye – elections to the constituencies vacated by him/her in the event of him/her winning in all the constituencies.”