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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No amount can be withdrawn from the Consolidated Fund of India without the authorization from the Parliament of India.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 No money can be withdrawn from this fund without the authorization of the Parliament.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?

Nandini Iyer answered
Explanation:
- A Money Bill is a type of bill defined in Article 110 of the Indian Constitution. It deals with matters related to taxation, government expenditure, and the appropriation of funds.
- To be considered a Money Bill, a bill must meet certain criteria as laid down in Article 110. These criteria are:
1. The bill must contain only provisions related to matters specified in Article 110(1)(a) to (g).
2. The bill must not contain any provisions unrelated to these matters.
3. The bill may also contain incidental provisions related to the matters specified in Article 110(1).
- Now let's analyze the given options:

a) A Money Bill has provisions for the custody of the Consolidated Fund of India or the Contingency Fund of India:
- This statement is incorrect. A Money Bill does not have provisions for the custody of the Consolidated Fund of India or the Contingency Fund of India. The custody of these funds is regulated by separate laws and not through a Money Bill.

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:
- This statement is correct. As per Article 110(1)(a) of the Indian Constitution, a bill shall be deemed to be a Money Bill if it contains only provisions relating to the imposition, abolition, remission, alteration, or regulation of any tax.

c) A Money Bill is concerned with the appropriation of moneys out of the Contingency Fund of India:
- This statement is correct. A Money Bill can also deal with the appropriation of moneys out of 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:
- This statement is correct. A Money Bill can also deal with the regulation of borrowing of money or giving of any guarantee by the Government of India.

Therefore, the correct answer is option 'a' - "A Money Bill has provisions for the custody of the Consolidated Fund of India or the Contingency Fund of India".

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).

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?

Arya Basak answered
Understanding the Statements
The question presents two statements regarding the structure and electoral processes of the Indian Parliament. Let’s analyze each statement individually.
Statement 1: The Chairman and the Deputy Chairman of the Rajya Sabha are not members of that House.
- The Chairman of the Rajya Sabha is the Vice President of India, who is not a member of the Rajya Sabha in the context of being elected as a Member of Parliament (MP).
- The Deputy Chairman, on the other hand, is elected from among the members of the Rajya Sabha. Therefore, this statement is incorrect.
Statement 2: Nominated members of the two Houses of the Parliament have no voting right in the presidential election, but they have the right to vote in the election of the Vice President.
- Nominated members of the Lok Sabha and Rajya Sabha do not have the right to vote in the presidential election, as the voting is limited to elected members.
- However, they are allowed to vote in the election of the Vice President. This statement is correct.
Conclusion
Based on the analysis:
- Statement 1 is incorrect.
- Statement 2 is correct.
Thus, the correct answer is option 'B' – only statement 2 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.

Which one of the following suggested that the Governor should be an eminent person from outside the State and should be a detached figure without intense political links or should not have taken part in politics in the recent past?
[2019]
  • a)
    First Administrative Reforms Commission (1966)
  • b)
    Rajamannar Committee (1969)
  • c)
    Sarkaria Commission (1983)
  • d)
    National Commission to Review the Working of the Constitution (2000)
Correct answer is option 'C'. Can you explain this answer?

Puja Ahuja answered
Understanding the Context of the Governor's Role
The question pertains to recommendations regarding the appointment and role of Governors in Indian states, particularly focusing on the need for their political detachment.
Key Commission: Sarkaria Commission (1983)
- The Sarkaria Commission was established to review the functioning of the Centre-State relations in India.
- One of its significant recommendations was regarding the appointment of Governors.
Recommendations on Governor's Appointment
- The Commission suggested that the Governor should ideally be an eminent person from outside the state.
- This recommendation aimed to ensure that the Governor remains a neutral and impartial figure, detached from local political affiliations.
- It emphasized that the Governor should not have intense political links or recent participation in politics, thereby reinforcing the objectivity of the office.
Importance of a Detached Governor
- A detached Governor can act as a stabilizing force in the state, especially during political crises.
- This impartiality is intended to enhance the role of the Governor as a constitutional authority rather than a political agent.
Conclusion
The Sarkaria Commission’s recommendations highlight the critical nature of the Governor's role in maintaining the balance of power and neutrality in state governance, making option 'C' the correct answer in this context.

One of the implications of equality in society is the absence of
[2017]
  • a)
    Privileges
  • b)
    Restraints
  • c)
    Competition
  • d)
    Ideology
Correct answer is option 'A'. Can you explain this answer?

Raksha Ahuja answered
Understanding Equality in Society
Equality in society is a fundamental principle that aims to ensure that every individual has the same rights, opportunities, and treatment, regardless of their background or status. One significant implication of this concept is the absence of privileges.
Privileges and Their Impact
- Definition of Privileges: Privileges refer to special rights or advantages granted to certain individuals or groups, often based on wealth, social status, or other factors.
- Inequality Creation: When privileges exist, they create a divide among people, resulting in unequal access to resources, opportunities, and rights. This disparity undermines the very essence of equality.
Absence of Privileges in an Equal Society
- Fair Access: In a society devoid of privileges, all individuals would have the same access to education, healthcare, and employment opportunities, fostering a level playing field.
- Empowerment of Marginalized Groups: Removing privileges helps empower marginalized groups, ensuring their voices are heard and their needs are addressed.
- Social Cohesion: An absence of privileges can lead to greater social cohesion as it minimizes resentment and conflict between different segments of society.
Conclusion
In summary, the absence of privileges is crucial for establishing genuine equality in society. It ensures that every individual, regardless of their background, has equal footing and opportunities, thus promoting justice and fairness for all.

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.

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?

K.L Institute answered
When a money bill returns to the Loksabha with amendments made by the Rajyasabha, it is open to Loksabha to accept or to reject any or all of the recommendations.
When the Loksabha chooses to accept or decline the money bill with or without the recommendation, the money bill is deemed passed in both houses.

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?

Shanaya Iyer answered
Parliament of India and Council of Ministers

The Parliament of India exercises control over the functions of the Council of Ministers through various means. The three major means are:

1. Adjournment motion
2. Question hour
3. Supplementary questions

Explanation

1. Adjournment motion: It is a motion introduced in the Parliament to draw attention to a matter of urgent public importance. If the motion is accepted, the normal business of the House is set aside and the matter is discussed. The Council of Ministers is accountable to the Parliament, and through the adjournment motion, the Parliament can question, criticize, or censure the actions or policies of the Council of Ministers.

2. Question hour: During the Question hour, Members of Parliament can ask questions to the Ministers on matters related to their respective ministries. This provides an opportunity for the Parliament to seek clarifications from the Council of Ministers on various issues. The Council of Ministers is required to provide accurate and truthful answers to the questions asked by the Members of Parliament.

3. Supplementary questions: Members of Parliament can ask supplementary questions to seek further clarifications on the answers provided by the Ministers during the Question hour. This provides an opportunity for the Members of Parliament to probe deeper into the issues and seek more detailed information from the Council of Ministers.

Conclusion

Thus, the Parliament of India exercises control over the functions of the Council of Ministers through various means, including the adjournment motion, Question hour, and supplementary questions. These mechanisms ensure that the Council of Ministers remains accountable to the Parliament and that the Parliament can effectively scrutinize the actions and policies of the Council of Ministers.

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.

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?

Article – 75 (4): The ministers Shall hold office during the pleasure of the president.
Article – 75 (5): The council of ministers shall be collectively responsible to the Lok-Sabha.
Article–78 (2): Prime minister shall furnish such information relating to the administration of the affairs of the union and proposals for legislation on the president may call far.

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.

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).

Consider the following statements:
1. Justice V R Krishna Iyer was the Chief Justice of India.
2. Justice V R Krishna Iyer is considered as one of the progenitors of Public Interest Litigation (PIL) in the Indian judicial system.
Which of the statements given above is/are correct?
[2008]
  • 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?

Lakshmi Singh answered
Statement Analysis:
The given statements are related to Justice V R Krishna Iyer, his position as the Chief Justice of India, and his contribution to the Indian judicial system. Let's analyze each statement individually.

Statement 1: Justice V R Krishna Iyer was the Chief Justice of India.
Statement 2: Justice V R Krishna Iyer is considered as one of the progenitors of Public Interest Litigation (PIL) in the Indian judicial system.

Explanation:
Statement 1: Justice V R Krishna Iyer was the Chief Justice of India.
This statement is incorrect. Justice V R Krishna Iyer served as a judge of the Supreme Court of India from 1973 to 1980 but never held the position of Chief Justice of India. Therefore, statement 1 is false.

Statement 2: Justice V R Krishna Iyer is considered as one of the progenitors of Public Interest Litigation (PIL) in the Indian judicial system.
This statement is correct. Justice V R Krishna Iyer is widely recognized as one of the pioneers and champions of Public Interest Litigation (PIL) in India. He played a crucial role in expanding the scope of the Indian judiciary to address public grievances and protect the rights of marginalized sections of society. Through his judgments and activism, he popularized the concept of PIL, enabling individuals or organizations to approach the courts directly in matters of public importance. His efforts contributed significantly to the democratization of the Indian judicial system and the progressive interpretation of constitutional rights. Therefore, statement 2 is true.

Conclusion:
Out of the given statements, only statement 2 is correct. Justice V R Krishna Iyer was not the Chief Justice of India, but he is indeed considered as one of the progenitors of Public Interest Litigation (PIL) in the Indian judicial system.

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.

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.

Which one of the following statements is correct? 
[2013]
  • a)
    In India, the same person cannot be appointed as Governor for two or more States at the same time
  • b)
    The Judges of the High Court of the States in India are appointed by the Governor of the State just as the Judges of Supreme Court are appointed by the President
  • c)
    No procedure has been laid down in the Constitution of India for the removal of a Governor from his/her post
  • d)
    In the case of a Union Territory having a legislative setup, the Chief Minister is appointed by the Lt. Governor on the basis of majority support
Correct answer is option 'C'. Can you explain this answer?

Atharva Chawla answered
Removal of a Governor from his/her post
The correct statement among the options provided is that no procedure has been laid down in the Constitution of India for the removal of a Governor from his/her post.

Explanation:
- The Constitution of India does not provide a specific procedure for the removal of a Governor from office.
- The process of removal of a Governor is based on the discretionary powers of the President of India.
- The President can remove a Governor from office at any time without specifying any reason.
- The removal of a Governor is usually done on the advice of the Prime Minister or the Council of Ministers.
- In practice, Governors are usually removed when there is a change in the political party in power at the Centre, and the new government wants to appoint a Governor of their choice.
Therefore, it is important to note that the Constitution of India does not specify a procedure for the removal of a Governor from his/her post, making option c) the correct statement.

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.

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.

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.

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).

Which of the following can be said to be essentially the parts of ‘Inclusive Governance’?
1. Permitting the Non-Banking Financial Companies to do banking
2. Establishing effective District Planning Committees in all the districts
3. Increasing the government spending on public health
4. Strengthening the Mid-day Meal Scheme
Select the correct answer using the codes given below :
[2012]
  • a)
    1 and 2 only
  • b)
    3 and 4 only
  • c)
    2, 3 and 4 only
  • d)
    1, 2, 3 and 4
Correct answer is option 'C'. Can you explain this answer?

Atharva Chawla answered
Essentially the parts of 'Inclusive Governance' are:
Understanding the Components:
• Permitting the Non-Banking Financial Companies to do banking
• Establishing effective District Planning Committees in all the districts
• Increasing the government spending on public health
• Strengthening the Mid-day Meal Scheme

Explanation:
• Permitting the Non-Banking Financial Companies to do banking: This step would promote financial inclusion by allowing a wider range of institutions to provide banking services, thus increasing access to banking facilities for more people.
• Establishing effective District Planning Committees in all the districts: This would ensure that local governance structures are empowered to make decisions that cater to the specific needs of the community, leading to more inclusive and participatory governance.
• Increasing government spending on public health: By allocating more resources to public health, the government can ensure that healthcare services are accessible to all, regardless of their socio-economic status, thus promoting inclusivity in healthcare.
• Strengthening the Mid-day Meal Scheme: This scheme aims to provide nutritious meals to school children, especially those from disadvantaged backgrounds. By strengthening this scheme, the government can ensure that all children have access to at least one nutritious meal a day, promoting inclusivity in education.
Therefore, options 2, 3, and 4 can be said to be essentially the parts of 'Inclusive Governance' as they focus on empowering local governance structures, improving access to healthcare, and providing essential services to marginalized communities.

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.

Under which schedule of the Constitution of India can the transfer of tribal land to private parties for mining be declared null and void?
[2019]
  • a)
    Third Schedule
  • b)
    Fifth Schedule
  • c)
    Ninth Schedule
  • d)
    Twelfth Schedule
Correct answer is option 'B'. Can you explain this answer?

Sanjay Rana answered
Fifth Schedule of the Constitution deals with the administration and control of scheduled areas. The Governor can make regulations to prohibit or restrict the transfer of land by or among members of the scheduled tribes. So, B is the right answer.

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