All Exams  >   UPSC  >   Laxmikanth for Indian Polity: Summaries, MCQs & videos  >   All Questions

All questions of Central Government, Parliament & Judiciary for UPSC CSE Exam

1 Crore+ students have signed up on EduRev. Have you? Download the App

Consider the following statements with respect to duties of the Prime Minister according to the Constitution of India:
1. To make rules for the more convenient transaction of business of the Government of India, and for the allocation among Ministers of the said business.
2. If the President so requires, to submit for consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council.Which of the statements given above is/are correct?
  • a)
    Only 1
  • b)
    Neither 1 nor 2
  • c)
    1 and 2
  • d)
    Only 2 
Correct answer is option 'D'. Can you explain this answer?

Nilesh Malik answered
Duties of the Prime Minister according to the Constitution of India:

1. Allocation of business:
- To make rules for the more convenient transaction of business of the Government of India.
- To allocate among Ministers the said business.

2. Submission of matters:
- If the President so requires, to submit for consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council.

Therefore, statement 2 is correct, while statement 1 is incomplete and incorrect as it does not mention the allocation of business among Ministers. Hence, the correct answer is option D.

The Vice-President of India may be removed from his office by 
  • a)
    Impeachment 
  • b)
    A resolution passed by Lok Sabha and Rajya Sabha with a two-thirds majority 
  • c)
    A resolution passed with a two-thirds majority in a joint session of Parliament 
  • d)
    A resolution passed by Rajya Sabha with simple majority and agreed to by 50% members of Lok Sabha
Correct answer is option 'D'. Can you explain this answer?

Vikram Kapoor answered
The Vice-President may be removed from his office by a resolution of the Council of States by a majority of all the members of the Council and agreed to by the House of the People. No such resolution shall be moved unless at least fourteen days' notice has been given of the intention to move the resolution.

Consider the following statements about cabinet committees. 
1. Prime Minister is the chairman of all the cabinet committees 
2. They only include cabinet ministers 
Which of these statements are not correct?
  • a)
    Only 1
  • b)
    2 Only 
  • c)
    Both 1 and 2
  • d)
    Neither 1 nor 2
Correct answer is option 'C'. Can you explain this answer?

Devanshi Gupta answered
The correct option is 3. Both 1 and 2.

Explanation:

1. The Prime Minister is not the chairman of all the cabinet committees. There are several cabinet committees, and while the Prime Minister is the head of many, there are others that are headed by other senior ministers.

2. Cabinet committees do not only include cabinet ministers. They may also include Ministers of State (independent charge) or even Ministers of State. The members of these committees are decided by the Prime Minister.

Which of the following bills can be introduced only with the permission of the President?
  • a)
    Finance bills
  • b)
    Constitution amendment bills
  • c)
    Bills related to defence procurements
  • d)
    Impeachment of the judges
Correct answer is option 'A'. Can you explain this answer?

Pooja Shah answered
The Correct Answer is B: Constitution Amendment Bills
  • There are some bills which require the prior recommendation of the President before their introduction in the Parliament. These bills are:
Bill that seeks to alter the boundaries of the states and names of the states. Money Bill & Finance Bill. State Bills which impose the restrictions upon freedom of trade. Any bill which affects the taxation in which the states are interested.

Consider the following statements.
1. The President can reject a Money Bill.
2. He can also return the Money bill for Reconsideration.
Which of these statements is/are correct.
  • a)
    Neither 1 or 2
  • b)
    2 Only
  • c)
    Both 1 and 2
  • d)
    1 Only
Correct answer is option 'D'. Can you explain this answer?

Neha Joshi answered
  1. The President can reject a Money Bill. Once a Money Bill has been passed by the Parliament, the President must give assent to it.
  2. The President cannot return a Money Bill for reconsideration to the Parliament. Unlike other bills where the President has the power to return a bill for reconsideration, a Money Bill must be assented to once it is presented to the President after being passed by the Parliament.
Given these points, the correct answer to which statement is correct is: Neither 1 or 2

Consider the following statements.
1. The principle of collective responsibility means that the cabinet decisions bind all cabinet ministers not other ministers even if they differed in the Cabinet meeting
2. If any Minister disagrees with the cabinet decision and is not prepared to defend it, he must resign 
Which of these statements is/are correct?
  • a)
    1 Only
  • b)
    Both of them   
  • c)
    2 only
  • d)
    None of them
Correct answer is option 'B'. Can you explain this answer?

Ojasvi Mehta answered
The principle of collective responsibility also means that the Cabinet decisions bind all cabinet ministers and other ministers) even if they differed in the cabinet meeting. It is the duty of every minister to stand by cabinet decisions and support them both within and outside the Parliament. If any minister disagrees with a cabinet decision and is not prepared to defend it, he must resign. Several ministers have resigned in the past owing to their differences with the cabinet. For example, Dr BR Ambedkar resigned because of his differences with his colleagues on the Hindu Code Bill in 1953. CD Deshmukh resigned due to his differences on the policy of reorganisation of states. Arif Mohammed resigned due to his opposition to the Muslim Women (Protection of Rights on Divorce) Act, 1986.

Which statement is not correct in the context of Article 75(3)?
  • a)
    The President will appoint the Prime Minister
  • b)
    The number of members of cabinet will not exceed 15% of the total number of Lok Sabha
  • c)
    The minister shall hold the office till the pleasure of the Prime Minister 
  • d)
    The Council of Ministers shall be collectively responsible to Lok Sabha.
Correct answer is option 'C'. Can you explain this answer?

Alok Verma answered
The minister shall hold the office till the pleasure of the Prime Minister.  Option 3 is incorrect.
Article 75(2) specifically provides that the ministers shall hold office during the pleasure of the President.. The Prime Minister may call for the resignation of any ministers at any time.

Which of the following is/are correctly matched?
1. Absolute Veto - withholding of assent to the Bill passed by the Legislature
2. Suspensive Veto - taking no action on the Bill passed by the legislature
3. Qualified Veto - which can be overridden by the legislature with a higher majority
Choose from the following options.
  • a)
    1 Only
  • b)
    1 and 2 Only
  • c)
    All of them
  • d)
    1 and 3 Only 
Correct answer is option 'D'. Can you explain this answer?

Amit Sharma answered
The veto power enjoyed by the executive in modern states can be classified into the following four types:
1. Absolute veto, that is, withholding of assent to the bill passed by the legislature.
2. Qualified veto, which can be overridden by the legislature with a higher majority.
3. Suspensive veto, which can be overridden by the legislature with an ordinary majority.
4. Pocket veto, that is, taking no action on the bill passed by the legislature. Of the above four, the President of India is vested with a three-absolute veto, suspensive veto and pocket veto. There is no qualified veto in the case of Indian President; it is possessed by the American President.

Consider the following about the powers of the President of India.
1. He can appoint an inter-state council to promote Centre-state and inter-state cooperation.
2. He directly administers the union territories through administrators appointed by him.
3. He can declare an area as scheduled area and has powers concerning the administration of scheduled areas and tribal areas.
Select the correct answer using the codes below,
  • a)
    1 and 2 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?

Gargi Sengupta answered
The Powers of the President of India

The President of India is the head of state and the commander-in-chief of the Indian Armed Forces. The powers of the President of India are listed in the Constitution of India. Let's discuss the powers of the President of India in detail.

Appointment of Inter-state Council

The President of India can appoint an inter-state council to promote Centre-state and inter-state cooperation. The inter-state council is a constitutional body that was set up in 1990 to promote cooperation between states and the Centre. The council is headed by the Prime Minister and has chief ministers of all the states and Union Territories as members. The council discusses issues related to Centre-state relations and inter-state relations and makes recommendations to the Centre and states. The President has the power to appoint the members of the council and can also dissolve the council.

Direct Administration of Union Territories

The President of India directly administers the union territories through administrators appointed by him. India has seven union territories, and the President appoints an administrator for each of them. The administrator is responsible for the administration of the union territory and reports directly to the President. The administrator has the power to make laws for the union territory, subject to the approval of the President.

Powers Concerning the Administration of Scheduled Areas and Tribal Areas

The President of India can declare an area as scheduled area and has powers concerning the administration of scheduled areas and tribal areas. A scheduled area is an area in which the tribal population is in the majority or in which the tribal population is significantly higher than the rest of the population. The President has the power to declare an area as a scheduled area and can also make regulations for the administration of scheduled areas. The President can also nominate members to the advisory council for the welfare of the scheduled tribes.

Conclusion

In conclusion, the powers of the President of India are significant, and the President plays a crucial role in the governance of the country. The President has the power to appoint an inter-state council, directly administer union territories, and has powers concerning the administration of scheduled areas and tribal areas. These powers ensure that the President can effectively carry out his duties and responsibilities as the head of state.

Which of the following comes under the judicial powers of the President of India?
1. Appointment of the judges of the Supreme Court of India.
2. Pardoning a death sentence.
3. Deciding on whether a bill should be sent for reconsideration to the concerned state legislature.
Choose the correct answer using the codes below:
  • a)
    1 and 2
  • b)
    2 and 3
  • c)
    1 and 3
  • d)
    All of the above
Correct answer is option 'A'. Can you explain this answer?

Anmol Kumar answered
Judicial powers of the President of India

The President of India is the head of the Indian judiciary and exercises various judicial powers. The correct option is (a) 1 and 2. Let's understand these powers in detail:

1. Appointment of judges of the Supreme Court of India:
The President of India has the power to appoint the judges of the Supreme Court of India. This power is exercised in consultation with the Chief Justice of India and other senior judges of the Supreme Court.

2. Pardoning a death sentence:
The President of India has the power to grant pardon, reprieve, respite or remission of punishment or to suspend, remit or commute the sentence of any person convicted of any offence. This power is exercised under Article 72 of the Indian Constitution.

3. Sending a bill for reconsideration to the concerned state legislature:
This power is not a judicial power of the President of India. It falls under the legislative powers of the President. The President can send a bill passed by the state legislature for reconsideration. However, the President cannot reject or amend the bill.

Conclusion:
Thus, the correct option is (a) 1 and 2. The President of India has the power to appoint judges of the Supreme Court and to grant pardon or reprieve in case of death sentence.

Which one of the following powers can be exercised by both the President and the Governor?
  • a)
    Power to pardon a sentence by court-martial
  • b)
    Power to remit a sentence in an offence relating to a matter on the State List
  • c)
    Power to commute a sentence of death in certain circumstances
  • d)
    Power to remit a sentence by court-martial
Correct answer is option 'C'. Can you explain this answer?

Ojasvi Mehta answered
The Correct Answer is C: Power to commute a sentence of death in certain circumstances.
According to Article 161 of the Indian Constitution, the President of India has the power to pardon a death sentence. The Governor of a state can suspend, remit, or commute a death sentence. However, the Governor cannot grant pardon, reprieve, respite, suspension, remission, or commutation in respect to punishment or sentence by a court-martial.

The financial powers and functions of the President are:
1. Money bills can be introduced in the Parliament only with his prior recommendation.
2. He causes to be laid before the Parliament the annual financial statement
3. No demand for a grant can be made except on his recommendation.
4. He can make advances out of the consolidated fund of India to meet any unforeseen expenditure.
Which of these statements is/are correct?
  • a)
    1, 2 and 4 only
  • b)
    1, 3 and 4 only
  • c)
     All of them
  • d)
    1, 2 and 3 only
Correct answer is option 'C'. Can you explain this answer?

Ojasvi Mehta answered
Power in respect of Bill
1) When both the houses pass the Bill by the majority and send the Bill to the President of India for his assent, he can give his assent or withhold his assent and sent back the bill to the houses. But is both the houses pass the bill without any change, it will become obligatory to the President of India to give his assent. In case of a simple bill, he can keep it with himself without accepting or rejecting it for an unlimited period of time. This power of president is known as a pocket veto.
Further as per Article 200, In some cases, the Bills presented to the Governor by the State Legislature may be reserved by the Governor for the consideration of the president if that bill is not money bill of the State legislature. The President can accept it or tell the Governor to send it back for reconsideration or he may direct him to not send it back.
2) No money Bill can be introduced without the prior permission of the President of India. As indicated by the Constitution of India, the Annual Financial Statement is set by the President before both the Houses of Parliament. 
3) Article 113  prescribes that no demand for grants can be presented in the Lok Sabha without the President of India's prior approval. Under Articles 117 and 274 of the Indian Constitution, a Presidential recommendation is also required for tabling a Money Bill in the Lok Sabha.
4)Parliament may by law establish a Contingency Fund in the nature of an imprest to be entitled the Contingency Fund of India into which shall be paid from time to time such sums as may be determined by such law, and the said Fund shall be placed at the disposal of the President to enable advances to be made by him out of such Fund for the purposes of meeting unforeseen expenditure pending authorisation of such expenditure by Parliament by law under Article 115 or Article 116

Consider the following statements.
1. While acting as President or discharging the functions of President, the Vice-President does not perform the duties of the office of the chairman of Rajya Sabha
2. He can act as president only for a maximum of 6 months within which a new president has to be elected 
Which of these statements are correct?
  • 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?

Kavita Shah answered
He acts as President when a vacancy occurs in the office of the President due to his resignation, removal, death or otherwise. He can act as President only for a maximum period of six months within which a new President has to be elected. Further, when the sitting President is unable to discharge his functions due to absence, illness or any other cause, the Vice-President discharges his functions until the President resumes his office. While acting as President or discharging the functions of President, the Vice-President does not perform the duties of the office of the chairman of Rajya Sabha. During this period, those duties are performed by the Deputy Chairman of Rajya Sabha.

As per the constitution, the Indian president has the power to
1. Ask for files relating to any matter from Prime Minister that is in deliberation in the Council of Ministers
2. Send the decision of an individual ministry for reconsideration
3. Suspend the council of ministers if he feels it is violating constitutional norms
Select the correct answer using the codes below:
  • a)
    1 and 2 only
  • b)
    2 and 3 only
  • c)
    1 and 3 only
  • d)
    All of the above
Correct answer is option 'A'. Can you explain this answer?

Kavita Mehta answered
  • If an individual ministry has taken the decision, which has not been considered by the cabinet, the president can send the reconsideration file.
  • The 42nd Constitutional Amendment Act of 1976 (enacted by the Indira Gandhi Government) made the President bound by the council's advice of ministers headed by the prime minister.
  • The 44th Constitutional Amendment Act of 1978 (enacted by the Janata Party Government headed by Shri Morarji Desai) authorised the President to require ministers' council to reconsider such advice either generally or otherwise.
  • However, he 'shall' act following the advice tendered after such reconsideration. In other words, the President may return a matter once for reconsideration of his ministers, but the reconsidered advice shall be binding.
  • The president can also ask for the files and ask details about the decisions that are to be taken in the council of ministers. However, he cannot suspend it if it enjoys confidence in the Lok Sabha.

Consider the following statements. 
1. The election of a person as Vice-President cannot be challenged on the ground that the electoral college was incomplete 
2. If the election of a person as Vice-President is declared void by the Supreme Court, acts done by him before the date of such declaration of the Supreme Court are invalidated 
Which of these statements is/are correct?
  • a)
    1 Only
  • b)
    2 Only
  • c)
    Both 1 and 2
  • d)
    None of them
Correct answer is option 'A'. Can you explain this answer?

The election of a person as Vice-President cannot be challenged on the ground that the electoral college was incomplete (i.e., the existence of any vacancy among the members of the electoral college). If the election of a person as Vice-President is declared void by the Supreme Court, acts done by him before the date of such declaration of the Supreme Court are not invalidated (i.e., they continue to remain in force).

Consider the following statements.
Assertion (A): The President of India has never exercised his veto powers in India till date.
Reason (R): As per the 24th Constitutional amendment, the President is bound to give his assent to any legislation passed by the Parliament.
In the context of the above, which of these is correct?
  • a)
    A is correct, and R is an appropriate explanation of A.
  • b)
    A is correct, but R is not an appropriate explanation of A.
  • c)
    A is correct, but R is incorrect.
  • d)
    Both A and R are incorrect.
Correct answer is option 'D'. Can you explain this answer?

Aditya Kumar answered
  • In 1986, President Giani Zail Singh exercised the pocket veto concerning the Indian Post Office (Amendment) Bill. The bill, passed by the Rajiv Gandhi Government, imposed restrictions on press freedom and, hence, was widely criticised.
  • After three years, in 1989, the next President R Venkataraman sent the bill back for reconsideration, but the new National Front Government decided to drop the bill.
  • It should be noted here that the President has no veto power in respect of a constitutional amendment bill. The 24th Constitutional Amendment Act of 1971 made it obligatory for the President to give his assent to a constitutional amendment bill (not an ordinary bill).

In which of the following situations can the President exercise discretionary powers?
1. Asking the Council of Ministers to reconsider the advice tendered to him
2. Pocket veto in case of Parliamentary legislation
3. In appointing the Prime Minister when no political party can prove a clear majority
Choose the correct answer using the codes below:
  • a)
    1 and 2
  • b)
    2 and 3
  • c)
    1 and 3
  • d)
    All of the above
Correct answer is option 'D'. Can you explain this answer?

Varun Kapoor answered
Discretionary Powers of the President
The President of a country holds certain discretionary powers that allow them to exercise their judgment and take independent actions in specific situations. In the case of India, the President has discretionary powers in various scenarios. Let's discuss each of the situations mentioned in the question:
1. Asking the Council of Ministers to reconsider the advice tendered to him:
- The President can exercise discretionary powers by seeking reconsideration of the advice given by the Council of Ministers.
- This power enables the President to review and reassess the recommendations and decisions put forward by the Council of Ministers before giving his final assent or taking any action.
- By doing so, the President can ensure that the advice given is in the best interest of the nation and aligns with the constitutional provisions.
2. Pocket veto in case of Parliamentary legislation:
- The President can utilize a pocket veto when it comes to parliamentary legislation.
- A pocket veto is a power that allows the President to indirectly veto a bill by not giving his assent within a specified time frame.
- If the President does not take any action on a bill passed by Parliament within a particular period (generally six weeks), it is considered as a pocket veto.
- Through this discretionary power, the President can effectively prevent the enactment of a bill if he deems it necessary.
3. Appointing the Prime Minister when no political party can prove a clear majority:
- In situations where no political party can demonstrate a clear majority in the Parliament, the President exercises discretionary powers in appointing the Prime Minister.
- The President weighs various factors, including the support extended by different political parties, the ability to form a stable government, and the overall political landscape, while making this decision.
- By exercising this power, the President plays a crucial role in ensuring the formation of a government that can effectively govern and maintain stability.
Conclusion:
Considering the situations mentioned in the question, all of them fall under the discretionary powers of the President of India. The President can exercise discretion in asking the Council of Ministers to reconsider their advice, utilizing a pocket veto for parliamentary legislation, and appointing the Prime Minister when no political party can prove a clear majority. Therefore, the correct answer is option D: All of the above.

In the Rajya Sabha, the rules committee consists of
  • a)
    15 members including the chairman
  • b)
    10 members including the chairman
  • c)
    20 members including the chairman
  • d)
    16 members including the chairman
Correct answer is option 'D'. Can you explain this answer?

Jay Pillai answered
The correct answer is option 'D', which states that the rules committee in the Rajya Sabha consists of 16 members including the chairman. Let's understand the role and composition of the rules committee in the Rajya Sabha in detail.

Role of the Rules Committee in the Rajya Sabha:
- The Rajya Sabha is the upper house of the Parliament of India, and it has its own set of rules and procedures to conduct its business effectively.
- The rules committee is responsible for formulating and recommending changes to the rules and procedures of the Rajya Sabha.
- It plays a crucial role in ensuring the smooth functioning of the Rajya Sabha by reviewing, revising, and updating the rules as per the changing needs and requirements.

Composition of the Rules Committee in the Rajya Sabha:
- The rules committee consists of members who are elected by the Rajya Sabha itself.
- According to the current composition, the rules committee consists of 16 members, including the chairman.
- The chairman of the Rajya Sabha, who is the Vice President of India, serves as the ex-officio chairman of the rules committee.
- The remaining 15 members of the committee are nominated by the Chairman of the Rajya Sabha.
- These members are selected based on their experience, expertise, and representation from various political parties and groups in the Rajya Sabha.
- The members of the committee are usually senior and experienced parliamentarians who have a good understanding of the functioning and procedures of the Rajya Sabha.

Responsibilities of the Rules Committee in the Rajya Sabha:
- The main responsibility of the rules committee is to examine and suggest changes to the rules and procedures of the Rajya Sabha.
- It considers proposals for amending the rules and procedures brought by the Chairman of the Rajya Sabha, the Leader of the House, or any member of the Rajya Sabha.
- The committee also examines the rules and procedures of other legislatures within India and in other countries to incorporate best practices and make necessary recommendations.
- It reviews the functioning of the Rajya Sabha and suggests measures to improve its efficiency, effectiveness, and transparency.
- The committee also provides guidance and clarifications to the members of the Rajya Sabha regarding the interpretation and application of the rules and procedures.

In conclusion, the rules committee in the Rajya Sabha consists of 16 members, including the chairman. It is responsible for formulating, reviewing, and recommending changes to the rules and procedures of the Rajya Sabha to ensure its smooth functioning and effectiveness.

The functions of the public accounts committee are
1. To examine the appropriation accounts and financial accounts of the union government
2. To examine the accounts of state corporations
Which of these statements are correct?
  • a)
    1 Only
  • b)
    2 Only
  • c)
    Both of them
  • d)
    None of them
Correct answer is option 'C'. Can you explain this answer?

Functions -
1. To examine the appropriation accounts and the finance accounts of the Union government and any other accounts laid before the Lok Sabha.
2. The appropriation accounts compare the actual expenditure with the expenditure sanctioned by the Parliament through the Appropriation Act, while the finance accounts show the annual receipts and disbursements of the Union Government.
3. In scrutinizing the appropriation accounts and the audit report of CAG on it, the committee has to satisfy itself that - (a) the money that has been disbursed was legally available for the applied service or purpose; (b) the expenditure conforms to the authority that governs it; and (c) every re-appropriation has been made in accordance with the related rules.
4. To examine the accounts of state corporations, trading concerns and manufacturing projects and the audit report of CAG on them (except public undertakings).
5. To examine the accounts of autonomous and semi-autonomous bodies, the audit of which is conducted by the CAG.
6. To consider the report of the CAG relating to the audit of any receipt or to examine the accounts of stores and stocks.
7. To examine the money spent on any service during a financial year in excess of the amount granted by the Lok Sabha for that purpose. In the fulfillment of the above functions, the committee is assisted by the CAG.

In the matter of State legislation, the President may
  • a)
    exercise only suspensive veto power
  • b)
    may withhold assent to any bill reserved for his consideration except money bills
  • c)
    withhold his assent to any bill reserved for his consideration
  • d)
    directly disallow any bill which he considers anti-national
Correct answer is option 'C'. Can you explain this answer?

Amit Kumar answered
When a Bill has been glided by the assembly of a State or, within the case of a State having a legislature, has been glided by each homes of the assembly of the State, it shall be given to the Governor and therefore the Governor shall declare either that he assents to the Bill or that he withholds assent therefrom or that he reserves the Bill for the thought of the President: as long as the Governor could, as before long as attainable when the presentation to him of the Bill for assent, come the Bill if it's not a cash Bill along with a message requesting that the House or homes can rethink the Bill or any such as provisions thence and, specially, can take into account the desirability of introducing any such amendments as he could advocate in his message and, once a Bill is thus came back, the House or homes shall rethink the Bill consequently, and if the Bill is passed once more by the House or homes with or while not change and given to the Governor for assent, the Governor shall not withhold assent therefrom: Provided any that the Governor shall not assent to, however shall reserve for the thought of the President, any Bill that within the opinion of the Governor would, if it became law, thus minimize from the powers of the court on endanger the position that that Court is by this Constitution designed to fill.

Which of the following is/are the eligibility criteria for the prime minister's office?
1. He should not have been a former President of India.
2. the people of India should have directly elected him.
3. He should be the leader of a political party.
Choose the correct answer using the codes below.
  • a)
    1 and 2 only
  • b)
    2 and 3 only
  • c)
    3 only
  • d)
    None of the above
Correct answer is option 'D'. Can you explain this answer?

Article 75 says only that the president shall appoint the Prime Minister. The President has to appoint the leader of the majority party as the Prime Minister. Though he/she is not a member of parliament at the time of appointment, he/she has to acquire parliament membership within six months. This means one has to be eligible to be a Lok Sabha member or Rajya Sabha to be a Prime Minister.

In appointing Ministers, which of the following arc followed by the President and the Governor?
1. Constitution of India
2. Laws made by Parliament
3. Conventions
Select the correct answer using the codes below:
  • a)
    1 and 2 only
  • b)
    2 and 3 only
  • c)
    1 and 3 only
  • d)
    All of the above
Correct answer is option 'D'. Can you explain this answer?

Ojasvi Mehta answered
  • Constitution of India prescribes that Minister will be appointed on the advice of Prime Minister and CM, respectively, in Centre and States.
  • The 91st amendment restricts the Council of Ministers to 15 per cent of Lok Sabha's total strength. Other conventions like Majority party leader, coalition leader, etc., are also followed when appointing Ministers.

Consider the following about Public Interest Litigation (PIL).
1. It is a legal instrument.
2. both administrative and judicial bodies can entertain it.
3. Representatives of victims can also file a PIL.
4. It can be filed only in social and environmental cases.
Choose the correct answer using the codes below.
  • a)
    1, 2 and 4 only
  • b)
    2 and 3 only
  • c)
    3 only
  • d)
    3 and 4 only
Correct answer is option 'C'. Can you explain this answer?

Ojasvi Mehta answered
  • Public-Interest Litigation is litigation for the protection of the public interest. In Indian law, Article 32 of the Indian constitution contains a tool which directly joins the public with the judiciary.
  • A PIL may be introduced in a court of law by the court itself (suo moto), rather than the aggrieved party or another third party. For the exercise of the court's jurisdiction, the victim doesn't need to violate his or her rights to approach the court personally.
  • In a PIL, the right to file suit is given to a public member by the courts through judicial activism. The public member may be Non-Governmental Organisations (NGOs), an institution or an individual.

Consider the following statements.
1. Article 143 authorises the President to seek an advisory opinion from the Supreme Court
2. The advice of the supreme court is binding in this case 
Which of these statements is/are not correct?
  • a)
    1 Only  
  • b)
    2 Only 
  • c)
    Both 1 and 2
  • d)
    Neither 1 nor 2
Correct answer is option 'B'. Can you explain this answer?

The President of India can refer any matter that is of public importance or that which involves interpretation of Constitution to Supreme Court for advice. However, the Supreme Court is not bound to give advice on such matters and the President is not bound to accept such an advice. So, Statement 2 in wrong.

Which among the following are the roles of the cabinet?
1. It is the chief policy formulating body of the central government 
2. It deals with all the major legislative matters
3. It deals with all foreign policies and Foreign Affairs
Choose from the following options.
  • a)
    1 and 3 Only
  • b)
    2 and 3 Only
  • c)
    1 and 2 Only
  • d)
    All of them
Correct answer is option 'D'. Can you explain this answer?

Gowri Mehta answered
The correct answer is option 'D': All of them.

The cabinet plays multiple roles in the functioning of the government. Let's discuss each role in detail:

1. Chief Policy Formulating Body of the Central Government:
The cabinet is responsible for formulating and implementing policies that guide the functioning of the central government. It is the highest decision-making body where policies are discussed, debated, and approved. The cabinet members, who are senior ministers, provide inputs, suggestions, and recommendations on various policy matters. They also analyze the potential impact of policies on different sectors and sections of society. Once a policy is finalized, it is implemented through various government departments and agencies.

2. Dealing with Major Legislative Matters:
The cabinet plays a crucial role in the legislative process. It is responsible for proposing and introducing major bills and legislations in the parliament. Cabinet members, who are also members of parliament, take part in the legislative debates, discussions, and voting. They present the government's perspective on various bills and work towards their passage. The cabinet also reviews and approves the draft bills prepared by different ministries before they are presented in the parliament.

3. Handling Foreign Policies and Foreign Affairs:
The cabinet is responsible for formulating and implementing foreign policies of the country. It deals with matters related to international relations, diplomacy, and foreign affairs. Cabinet members, including the Prime Minister and the Minister of External Affairs, represent the country in international forums, negotiations, and summits. They engage in bilateral and multilateral discussions with other countries to promote the country's interests, maintain peace and security, and enhance economic cooperation. The cabinet also takes decisions on matters like signing international treaties, agreements, and conventions.

In summary, the cabinet plays a pivotal role in policy formulation, legislative matters, and foreign affairs. It serves as the chief decision-making body of the central government, ensuring effective governance and representing the country's interests at the national and international levels.

Consider the following statements.
1. A person who is not a member of either House of Parliament can also be appointed as a minister 
2. But within six months, he must become a member, by election or nomination, of either House of Parliament, otherwise, he ceases to be a minister
Which of these statements is/are correct?
  • a)
    Both 1 and 2
  • b)
    2 Only
  • c)
    1 Only
  • d)
    None of them
Correct answer is option 'A'. Can you explain this answer?

Mehul Malik answered
Both statements are correct.
A person who is not a member of either House of Parliament can be appointed as a minister under Article 75(5) of the Constitution of India. This is because the Constitution does not specifically require that a person must be a member of Parliament to be appointed as a minister.
However, as per Article 75(5), such a person must become a member of either House of Parliament within six months of their appointment as a minister. If they fail to do so, they would cease to be a minister. This provision ensures that all ministers are accountable to the Parliament and responsible for their actions as ministers.

The president nominates 12 members to the Rajya Sabha from
  • a)
    The persons recommended by the National Integration Council
  • b)
    People who have special knowledge or practical experience in art, literature, science and social service.
  • c)
    People who have contributed immensely to Indian politics.
  • d)
    Eminent political scientists who have never contested an election
Correct answer is option 'B'. Can you explain this answer?

Shreya Das answered
The President nominates 12 members to the Rajya Sabha based on specific criteria:

The Rajya Sabha is the upper house of the Parliament of India, and its members are either elected by the members of the State Legislative Assemblies or nominated by the President. The President can nominate 12 members to the Rajya Sabha based on certain criteria. Among the given options, the correct answer is option 'B', which states that the President can nominate individuals who have special knowledge or practical experience in art, literature, science, and social service.

Explanation:

The Rajya Sabha plays a crucial role in the legislative process of India. It represents the interests of the states and serves as a platform for debate and discussion on matters of national importance. The President's power to nominate members to the Rajya Sabha ensures the inclusion of individuals with diverse backgrounds and expertise, enriching the legislative process.

Criteria for nomination:

1. Special knowledge or practical experience: The President can nominate individuals who have special knowledge or practical experience in art, literature, science, and social service. This criterion allows for the inclusion of experts and professionals from various fields who can contribute their expertise to the legislative proceedings. It ensures a holistic representation of society and helps in making well-informed decisions on policies and laws affecting these domains.

2. Importance of art, literature, science, and social service: By nominating individuals with expertise in art, literature, science, and social service, the President recognizes the significance of these fields in shaping the cultural and intellectual fabric of the nation. It acknowledges the role of artists, writers, scientists, and social workers in contributing to the nation's progress and development.

3. Supplementing the elected members: The nomination of individuals with special knowledge or practical experience complements the elected members of the Rajya Sabha. While elected members represent the interests of the states, the nominated members bring in their domain-specific expertise, adding value to the legislative process.

Conclusion:

The President's power to nominate members to the Rajya Sabha allows for the inclusion of individuals with special knowledge or practical experience in art, literature, science, and social service. This provision ensures a diverse representation and enriches the legislative proceedings with expertise from various fields. By nominating such individuals, the President acknowledges the importance of these domains in shaping the nation's progress and development.

Consider the following statements.
1. The Supreme Court has declared the power of judicial review as a basic feature of the Constitution or an element of the basic structure of the Constitution
2. The power of judicial review can be curtailed or excluded by a constitutional amendment Which of these statements are correct?
  • 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?

Diya Deshpande answered
The Power of Judicial Review

The power of judicial review refers to the authority of the judiciary to review and strike down any legislation or executive action that is found to be unconstitutional or in violation of the basic structure of the Constitution. This power is an essential feature of a democratic system and is aimed at ensuring that the government operates within the limits of the Constitution.

Statement 1: The Supreme Court has declared the power of judicial review as a basic feature of the Constitution or an element of the basic structure of the Constitution.

This statement is correct. In the landmark case of Kesavananda Bharati v. State of Kerala (1973), the Supreme Court held that the power of judicial review is an essential feature of the Constitution and is part of the basic structure of the Constitution. The Court also stated that this power cannot be taken away by the legislature through the process of constitutional amendment.

Statement 2: The power of judicial review can be curtailed or excluded by a constitutional amendment.

This statement is incorrect. As mentioned above, the Supreme Court has held that the power of judicial review is an essential feature of the Constitution and cannot be taken away by the legislature through the process of constitutional amendment. Any attempt to do so would be unconstitutional and would be struck down by the courts.

Conclusion:

In conclusion, statement 1 is correct, while statement 2 is incorrect. The power of judicial review is an essential feature of the Constitution and cannot be curtailed or excluded by a constitutional amendment.

Consider the following statements about Cabinet Committees:
1. They are not mentioned in the Constitution.
2. They are set up by the Prime Minister according to the exigencies of the time and requirements of the situation.
3. The Cabinet cannot review the decisions taken by Cabinet Committees.
Which of the statements given above is/are correct?
  • a)
    1 and 3 only
  • b)
    1 and 2 only
  • c)
    2 and 3 only
  • d)
    1 only
Correct answer is option 'B'. Can you explain this answer?

Arnav Malik answered
Explanation:

The correct answer is option 'B', 1 and 2 only. Let's analyze each statement to understand why.

Statement 1: They are not mentioned in the Constitution.

- This statement is correct. Cabinet Committees are not explicitly mentioned in the Constitution of India. The Constitution only mentions the existence of the Council of Ministers, which is headed by the Prime Minister.

Statement 2: They are set up by the Prime Minister according to the exigencies of the time and requirements of the situation.

- This statement is correct. Cabinet Committees are formed by the Prime Minister based on the specific needs and requirements of the government. The Prime Minister has the authority to establish and dissolve these committees as and when required.

Statement 3: The Cabinet cannot review the decisions taken by Cabinet Committees.

- This statement is incorrect. The decisions taken by Cabinet Committees are subject to review by the Cabinet. The Cabinet is the supreme decision-making body and has the power to review, modify, or reject the recommendations made by the Cabinet Committees.

Therefore, only statements 1 and 2 are correct, and the correct answer is option 'B' - 1 and 2 only.

Article 123 of the Constitution empowers the President to promulgate ordinances. Consider the following in this regard.
1. An ordinance made when both the Houses are in session is valid if approved by the Council of Ministers and Parliament.
2. An ordinance cannot be used to amend the constitution.
Which of the above is/are correct?
  • a)
    1 only
  • b)
    2 only
  • c)
    Both 1 and 2
  • d)
    None
Correct answer is option 'B'. Can you explain this answer?

Nilesh Menon answered
Explanation:

Article 123 of the Indian Constitution:
Article 123 of the Indian Constitution grants the President of India the power to promulgate ordinances during the recess of Parliament. An ordinance is a temporary law that has the same effect as an act of Parliament. However, it is temporary in nature and needs to be approved by Parliament within a specified period.

1. An ordinance made when both the Houses are in session is valid if approved by the Council of Ministers and Parliament:
This statement is incorrect. According to Article 123(1) of the Constitution, the President can promulgate an ordinance only when both Houses of Parliament are not in session. If both Houses are in session, the President cannot exercise this power. The purpose of granting this power to the President is to ensure that urgent and immediate action can be taken in situations when Parliament is not in session.

When an ordinance is promulgated, it must be laid before both Houses of Parliament when they reassemble. The ordinance will cease to operate at the expiration of six weeks from the reassembly of Parliament, or if disapproved by either House before that period. Therefore, an ordinance made when both Houses are in session is not valid.

2. An ordinance cannot be used to amend the constitution:
This statement is correct. The power to amend the Constitution lies with the Parliament, and not with the President. The President is only empowered to promulgate ordinances on matters that fall within the legislative competence of Parliament. The Constitution can only be amended through the prescribed procedure under Article 368, which involves the introduction and passage of a constitutional amendment bill in both Houses of Parliament, followed by ratification by the states, if required.

Therefore, the correct answer is option 'B' - 2 only.

Consider the following statements about the pardoning power of the President.
1. He can exercise this power even without the advice of the cabinet.
2. The President is not bound to give reasons for his order.
3. The petitioner for mercy has no right to an oral hearing by the President.
Choose the correct answer from the codes below,
  • a)
    1 and 2 only
  • b)
    2 and 3 only
  • c)
    1 and 3 only
  • d)
    All of the above
Correct answer is option 'B'. Can you explain this answer?

Amit Sharma answered
The Supreme Court examined the President's pardoning power under different cases and laid down the following principles.
1. The petitioner for mercy has no right to an oral hearing by the President.
2. The President can examine the evidence afresh and take a view different from the court's view.
3. The power is to be exercised by the President on the advice of the union cabinet.
4. The President is not bound to give reasons for his order.
5. The President can afford relief from a sentence that he regards as unduly harsh and from an evident mistake.
6. There is no need for the Supreme Court to lay down specific guidelines for the President's power exercise.
7. The President's exercise of power is not subject to judicial review except where the presidential decision is arbitrary, irrational, mala fide or discriminatory.
8. Where the President has rejected the earlier petition for mercy, the stay cannot be obtained by filing another petition.

The President can also appoint a duly qualified person as an acting judge of a high court when a judge of that high court (other than the chief justice) is:
1. Unable to perform the duties of his office due to absence or any other reason
2. Appointed to act temporarily as chief justice of that high court
Choose from the following options.
  • a)
    1 Only
  • b)
    2 Only
  • c)
    Both 1 and 2
  • d)
    None of them
Correct answer is option 'C'. Can you explain this answer?

Ananya Patel answered
Appointment of Acting Judge by the President

Conditions for Appointment

The President of India can appoint a duly qualified person as an acting judge of a high court under the following conditions:

1. Unable to perform the duties of his office due to absence or any other reason

2. Appointed to act temporarily as chief justice of that high court

Both the conditions mentioned above are necessary for the appointment of an acting judge.

Role of Acting Judge

An acting judge is appointed to perform the duties of a judge who is unable to perform his duties due to absence or any other reason. The acting judge is also appointed when a judge of a high court is appointed as a temporary chief justice of that high court.

Qualification of Acting Judge

The person appointed as an acting judge must be duly qualified to be a judge of a high court. The Constitution of India lays down the qualifications for appointment as a judge of a high court.

Conclusion

The appointment of an acting judge by the President of India is an important provision in the Constitution of India. This provision ensures that the administration of justice is not affected due to the absence of a judge or the appointment of a temporary chief justice of a high court.

Election of the vice president is the subject matter of
  • a)
    Article 64
  • b)
    Article 66
  • c)
    Article 68
  • d)
    Article 69
Correct answer is option 'B'. Can you explain this answer?

Article 66 - Election of vice president. Article 64 - The vice president to be ex officio chairman of the Council of States Article 68 - Time of holding an election to fill a vacancy in the office of vice president and the term of office of person elected to fill casual vacancy Article 69 - Oath or affirmation by the Vice-President.

At the commencement of the first session after each general election to the House of the People and at the commencement of each year's first session, the President shall address both Houses of Parliament assembled and inform Parliament of the causes of its summons. This is a
  • a)
    Constitutional provision
  • b)
    Statutory provisions
  • c)
    Rules of Procedure of the House
  • d)
    Parliamentary Convention
Correct answer is option 'A'. Can you explain this answer?

Meera Singh answered
Article 87(1) of the Constitution provides for this. This is the case of the first session after each general election to the Lok Sabha; the President addresses both Houses of Parliament assembled after the Members have made and subscribed the oath or affirmation and the Speaker has been elected.
It generally takes 2 days to complete these preliminaries. No other business is transacted till the President has addressed both Houses of Parliament assembled and informed Parliament of the Government's agenda.

Which of the following are some of the landmark PIL cases in India?
1. Vishaka v. State of Rajasthan
2. M.C. Mehta v. Union of India
3. Kesavananda Bharati v. State of Kerala
Select the correct answer using the codes below.
  • a)
    1 only
  • b)
    1 and 3 only
  • c)
    1, 2 and 3
  • d)
    1 and 2 only
Correct answer is option 'D'. Can you explain this answer?

Kavita Mehta answered
  • Kesavananda Bharati v. the State of Kerala: This was a writ petition under A32 of the constitution. The idea of PIL did not exist in India then.
  • Vishaka v. State of Rajasthan: This case was against sexual harassment at workplace, brought by Bhanwari Devi to stop the marriage of a one-year-old girl in rural Rajasthan. Five men raped her. She faced numerous problems when she attempted to seek justice. Naina Kapur decided to initiate a PIL to challenge sexual harassment at the workplace in this supreme court.
  • M. C. Mehta v. Union of India: In this case, the court passed three landmark judgements and several orders against polluting industries which were more than 50,000 in the Ganga basin. The court shut down numerous industries and allowed them to reopen only after controlled pollution. In the end, millions of people escaped air and water pollution in the Ganga basin, including eight states in India.

Consider the following statements.
1. The advice tendered by Ministers to the President shall not be inquired into by any court.
2. After the dissolution of the Lok Sabha, the Council of Ministers remains in office until the new government is formed. 
3. A minister who is a member of one House of Parliament has the right to speak and take part in the other House's proceedings also.
Choose the correct answer from the codes below.
  • a)
    1 and 2 only
  • b)
    2 and 3 only
  • c)
    land 3 only
  • d)
    All of the above
Correct answer is option 'D'. Can you explain this answer?

The advice tendered by Ministers to the President shall not be inquired into by any court: This statement is correct. Article 74(2) of the Indian Constitution provides that the advice tendered by ministers to the president cannot be inquired into by any court.
After the dissolution of the Lok Sabha, the Council of Ministers does not cease to hold office with immediate effect: This statement is correct. After the dissolution of the Lok Sabha, the Council of Ministers remains in office until the new government is formed. This is in line with the principle that the government must continue to function even if the Lok Sabha is dissolved.
A minister who is a member of one House of Parliament has the right to speak and take part in the proceedings of the other House also: This statement is correct. According to Article 88 of the Indian Constitution, a minister has the right to speak and to take part in the proceedings of either House, any joint sitting of the Houses, and any committee of Parliament of which he may be named a member, but is not entitled to vote in the House of which he is not a member.
Based on the above explanations, the correct answer is: All of the above.

Chapter doubts & questions for Central Government, Parliament & Judiciary - Laxmikanth for Indian Polity: Summaries, MCQs & videos 2024 is part of UPSC CSE exam preparation. The chapters have been prepared according to the UPSC CSE exam syllabus. The Chapter doubts & questions, notes, tests & MCQs are made for UPSC CSE 2024 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests here.

Chapter doubts & questions of Central Government, Parliament & Judiciary - Laxmikanth for Indian Polity: Summaries, MCQs & videos in English & Hindi are available as part of UPSC CSE exam. Download more important topics, notes, lectures and mock test series for UPSC CSE Exam by signing up for free.

Signup to see your scores go up within 7 days!

Study with 1000+ FREE Docs, Videos & Tests
10M+ students study on EduRev