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All questions of State Government : Executive & Legislatures for BPSC (Bihar) Exam

In which year did the Lok Sabha unanimously decide to suspend official business to prioritize a debate on Assam?
  • a)
    2002
  • b)
    1998
  • c)
    1985
  • d)
    1983
Correct answer is option 'D'. Can you explain this answer?

Varun Datta answered
22 February 1983: In a rare move, the Lok Sabha today unanimously decided to suspend official business and give precedence to debate on Assam. Home Minister P.C.Sethi made a statement “I seek the cooperation of all members whatever their views and policies, in promoting harmony among different communities and groups living in Assam. What is needed now is not acrimony but a healing touch.” (Hindustan Times, 22 February 1983)

In every two years, one-third members of the Rajya Sabha get
  • a)
    suspended.
  • b)
    retired.
  • c)
    nominated.
  • d)
    promoted.
Correct answer is option 'B'. Can you explain this answer?

All members of the Rajya Sabha do not complete their terms at the same time. Every two years, one-third members of the Rajya Sabha complete their term and elections are held for those one-third seats only.

The total numbers of seats for Lok Sabha are
  • a)
    484
  • b)
    496
  • c)
    535
  • d)
    543
Correct answer is option 'D'. Can you explain this answer?

Jaideep Mehta answered
At present there are 543 constituencies or seats for Lok Sabha and this number has not changed since 1971.

What does the term 'judicial review' mean?
  • a)
    A review of the judicial structure of the system
  • b)
    the power of the Supreme Court (or High Courts) to examine the constitutionality of any law if the Court arrives at the conclusion that the law is inconsistent with the provisions of the Constitution, such a law is declared as unconstitutional and inapplicable.
  • c)
    Judicial review means the power vested in High Courts to challenge Supreme Court of India
  • d)
    None of the Above
Correct answer is option 'B'. Can you explain this answer?

Akanksha Saha answered
Explanation:

Judicial review is a process of reviewing the actions or decisions of the legislative, executive or administrative branch of the government by the judiciary. It is an important aspect of any democratic government that helps to maintain the balance of power between different branches of the government. The term judicial review is not explicitly mentioned in the Indian Constitution but it is an implied power of the Supreme Court of India under Article 32 and Article 226.

Authority of Supreme Court:

The authority of the Supreme Court to exercise judicial review is derived from the Constitution of India. The Constitution empowers the Supreme Court to examine the constitutionality of legislative enactments and executive orders of both Central and State governments.

Constitutionality:

The Supreme Court examines whether the legislation or executive order is in conformity with the provisions of the Constitution or not. If the legislation or executive order is found to be inconsistent with the Constitution, the Supreme Court may declare it as unconstitutional and void.

Scope of Judicial Review:

The scope of judicial review in India is wide and includes the following:

  • Examining the constitutionality of laws

  • Examining the constitutionality of executive orders

  • Examining the constitutionality of administrative decisions

  • Examining the constitutionality of actions of statutory bodies

  • Examining the constitutionality of actions of private bodies that have public functions



Conclusion:

Judicial review is an essential component of any democratic government. It helps in maintaining the balance of power between different branches of the government. The authority of the Supreme Court to exercise judicial review is derived from the Constitution of India. The scope of judicial review in India is wide and includes a range of actions and decisions.

The members of parliament are free to raise any matter, which according to them is important, during
  • a)
    Adjournment motion.
  • b)
    Question hour.
  • c)
    No confidence motion.
  • d)
    Zero hour.
Correct answer is option 'D'. Can you explain this answer?

Dhruba Malik answered
Zero Hour where members are free to raise any matter that they think is important (though the ministers are not bound to reply), half-an –hour discussion on matters of public importance, adjournment motion etc. are some instruments of exercising control.

Confidence or no-confidence can be moved only in
  • a)
    Rajya Sabha
  • b)
    Lok Sabha
  • c)
    Planning Commission
  • d)
    Estimate Committee
Correct answer is option 'B'. Can you explain this answer?

Preethi Sen answered
The motion of no confidence (alternatively vote of no confidence, censure motion or confidence motion) is a parliamentary motion put before a parliament by the opposition in the hope of defeating or weakening a government, or rarely, by an erstwhile supporter who has lost confidence in the government. Lok sabha alone can move this motion.

Which of the following comes under the article 167:
1. The ministers shall hold office during the pleasure of the Governor
2. It shall be the duty of the chief minister to communicate to the governor of the state all decisions of the Council of Ministers relating to the administration of the affairs of the state
Which of these statements is/are correct?
  • a)
    2 Only
  • b)
    Both of them
  • c)
    1 Only
  • d)
    None of them
Correct answer is option 'A'. Can you explain this answer?

Kabir Verma answered
  1. The statement that "The ministers shall hold office during the pleasure of the Governor" is related to the general principle of constitutional governance in India, but it is not specifically under Article 167. This concept is more closely associated with Article 164(1), which mentions that the ministers hold office during the pleasure of the governor.
  2. The statement that "It shall be the duty of the chief minister to communicate to the governor of the state all decisions of the Council of Ministers relating to the administration of the affairs of the state" accurately reflects the content of Article 167. This article specifies the chief minister's responsibility to communicate with the governor about the decisions made by the council of ministers.
Therefore, the correct option is: 2 Only

Which Articles of the Constitution invest extraordinary power in the Supreme Court?
  • a)
    Articles 32, 137 and 142
  • b)
    Articles 32, 136 and 142
  • c)
    Articles 136, 137 and 226
  • d)
    Articles 226, 137 and 142
Correct answer is option 'B'. Can you explain this answer?

Articles of the Constitution that invest extraordinary power in the Supreme Court

The Supreme Court of India is the highest judicial authority in the country. The Constitution of India grants the Supreme Court various powers and responsibilities to protect the rights of citizens and uphold the rule of law. Among the various Articles of the Constitution, the following three Articles invest extraordinary power in the Supreme Court:

Article 32
This Article is considered as the heart and soul of the Indian Constitution. It provides individuals with the right to move to the Supreme Court for the enforcement of fundamental rights. This means that if an individual feels that his/her fundamental rights have been violated, he/she can approach the Supreme Court for relief. The Supreme Court can issue writs, including habeas corpus, mandamus, prohibition, quo warranto, and certiorari to protect the fundamental rights of citizens.

Article 136
This Article confers extraordinary power on the Supreme Court to grant special leave to appeal against any judgment or order passed by any court or tribunal in the country. This means that any aggrieved party can approach the Supreme Court for relief, even if the High Court has not granted permission to appeal. The Supreme Court has the discretion to grant or deny special leave to appeal.

Article 142
This Article empowers the Supreme Court to pass any order necessary to do complete justice in any case or matter pending before it. The Supreme Court can issue any order or direction to any person or authority, including the government, to ensure that justice is done. This Article gives the Supreme Court the power to pass orders that may not fall within the scope of its jurisdiction but are necessary to ensure complete justice.

Conclusion
In conclusion, Articles 32, 136 and 142 of the Constitution of India invest extraordinary powers in the Supreme Court. These powers have been granted to ensure that the Supreme Court can protect the fundamental rights of citizens, grant relief to aggrieved parties, and pass orders necessary to ensure complete justice.

The law stated by the Supreme Court becomes the law of the land under
  • a)
    Article 164
  • b)
    Article 141
  • c)
    Article 131
  • d)
    None of these
Correct answer is option 'C'. Can you explain this answer?

Roshni kapoor answered
The correct answer is option C, Article 131. Let's understand why.

Explanation:
The law stated by the Supreme Court becomes the law of the land under Article 131 of the Constitution of India. Article 131 deals with the original jurisdiction of the Supreme Court. It empowers the Supreme Court to hear and decide disputes between the Government of India and one or more states, or between two or more states.

Here's a detailed explanation of Article 131:

1. Original Jurisdiction: Article 131 grants the Supreme Court exclusive original jurisdiction in disputes mentioned above. This means that these disputes can only be filed directly in the Supreme Court and not in any lower court.

2. Disputes between the Government of India and one or more states: Article 131 allows for disputes between the Government of India (also known as the Union Government) and one or more states to be adjudicated by the Supreme Court. These disputes can include matters related to constitutional interpretation, distribution of powers, or any other issue that arises between the two entities.

3. Disputes between two or more states: Article 131 also provides for the resolution of disputes between two or more states. These disputes can involve matters such as boundary disputes, water-sharing disputes, or any other issue that arises between the states.

4. Law of the Land: When the Supreme Court pronounces a judgment on a dispute under Article 131, the law stated by the Court becomes the law of the land. This means that the judgment is binding on all parties involved and has the force of law. It is applicable not only to the parties in the specific case but also to all similar cases that may arise in the future.

In conclusion, Article 131 of the Constitution of India empowers the Supreme Court to hear and decide disputes between the Government of India and one or more states, or between two or more states. The law stated by the Supreme Court in such disputes becomes the law of the land.

The number of members from Uttar Pradesh to Rajya Sabha is
  • a)
    23
  • b)
    29
  • c)
    31
  • d)
    33
Correct answer is option 'C'. Can you explain this answer?

Avi Kapoor answered
In Rajya Sabha, a state with larger population gets more representatives than states with smaller population. So, a more populous state like Uttar Pradesh sends 31 members to the Rajya Sabha, while a smaller and less populous state like Sikkim has only one seat in the Rajya Sabha.

What was the outcome of the acrimonious scenes in the Lok Sabha on June 4, 1998, regarding the proposed hike in urea prices?
  • a)
    The entire opposition staged a walkout.
  • b)
    The Finance Minister resigned from his position.
  • c)
    The hike in urea prices was approved.
  • d)
    The issue was deferred to a later date for discussion.
Correct answer is option 'A'. Can you explain this answer?

On 4 June 1998, the Lok Sabha witnessed acrimonious scenes over the hike in urea and petroleum process. The entire opposition staged a walkout. The issue rocked the house for two days leading to walkout by opposition. The finance minister in his budget proposal had proposed a hike of 50 paisa per kilogram of urea to reduce subsidy on it. This forced the finance minister Mr. Yashwant Sinha to roll back the hike in urea prices ( Hindustan Times, 4 and 5 June 1998)

Consider the following statements.
1. The constitution does not place any restriction on this power of superintendence over the subordinate courts
2. It is not only by means of appeal by the person, it can be suo motto
3. It is of the nature of revision as it verifies the earlier judgments
Which of these statements is/are correct?
  • a)
    1 and 2 Only
  • b)
    2 and 3 Only
  • c)
    1 and 3 Only
  • d)
    All of them
Correct answer is option 'D'. Can you explain this answer?

Vijay Kumar answered
The constitution does not place any restriction on this power of superintendence over the subordinate courts, it is not only by means of appeal by the person, it can be suo motto. It is of the nature of revision as it verifies the earlier judgments. In this regard it is considered as a special function as the Supreme Court has no similar power vis a vis the High Court.

Consider the following statements. 
1. A Minister must countersign an order of the Governor for a public act 
2. The judiciary can scrutinize the nature of advice rendered by the ministers to the Governor 
Which of these statements is/are correct?
  • 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?

Meera Kapoor answered
As at the Centre, there is no provision in the Constitution for the system of legal responsibility of the minister in the states. It is not required that a minister should countersign an order of the governor for a public act. Moreover, the courts are barred from inquiring into the nature of advice rendered by the ministers to the governor.

Why are there no direct elections to appoint the Governor in our Constitution? 
  • a)
    It can create conflicts between the Governor and the Chief Minister of state.
  • b)
    The Governor is the only nominated head.
  • c)
    An elected Governor would naturally belong to a party and would not be a neutral person and an impartial head.
  • d)
    All of the above.
Correct answer is option 'D'. Can you explain this answer?

Kavita Shah answered
All of the above statements are correct. Instead of that, the below reasons are also given for indirect elections of Governor 
(1) The election of Governor would create separatists tendencies and thus affect the political stability and unity of the country. 
(2) The system of presidential nomination enables the Center to maintain its control over the states 
(3) It can create a serious problem of leadership at the time of a general election in the state.

Article 371-I is associated with:
  • a)
    Assam 
  • b)
    Arunachal Pradesh
  • c)
    Mizoram 
  • d)
    Goa
Correct answer is option 'D'. Can you explain this answer?

Article 371-I is associated with Goa

Explanation:
Article 371-I of the Indian Constitution grants special status and privileges to the state of Goa. It was inserted into the Constitution in 1987 following the Opinion Poll held in Goa in 1967, which decided that Goa should continue to be a separate state.

Key Points:

1. Background: Goa, a former Portuguese colony, was incorporated into the Indian Union in 1961. However, there was a significant section of the population that wanted Goa to be an independent entity rather than being merged with any other state.

2. Opinion Poll: To decide the future of Goa, an Opinion Poll was conducted in 1967. The poll offered two options: merging Goa with Maharashtra or retaining it as a separate Union Territory. The majority of the voters favored the second option, and Goa continued to be a separate entity.

3. Inclusion of Article 371-I: To address the concerns and aspirations of the people of Goa, Article 371-I was added to the Constitution of India. It provides for certain special provisions and safeguards for Goa.

4. Special Provisions: Article 371-I grants the following special provisions for Goa:

- The Governor of Goa shall have special responsibilities regarding law and order in the state.
- The Governor shall have the power to direct the manner in which the state government is to be carried out.
- The Governor can also exercise his/her discretion in matters related to the use of the official language of Goa, grant of mining leases, and ownership of houses and other properties.

5. Protection of Culture and Identity: Article 371-I ensures the preservation of the distinct culture, heritage, and identity of the people of Goa. It safeguards the rights and interests of the local population.

6. Empowerment of Local Institutions: The provision also empowers the local institutions in Goa, such as the Village Panchayats and the Municipalities, by giving them greater autonomy in their functioning.

7. Goa Daman and Diu Reorganization Act: In 1987, Goa was granted statehood through the Goa Daman and Diu Reorganization Act, which incorporated Article 371-I into the Constitution.

Therefore, Article 371-I of the Indian Constitution grants special status and privileges to Goa, ensuring the protection of its unique culture, heritage, and identity, and empowering local institutions in the state.

Village Panchayat is the lowest level of the three-tier Panchayat System in India. Which of the following statements is true for village Panchayat?
  • a)
    The president of the Village Panchayat is the Pradhan.
  • b)
    The Gram Panchayats can levy certain taxes and duties to meet their expenses.
  • c)
    The Gram Panchayat must present its budget and annual administrative report before the Gram Sabha.
  • d)
    Both (B) and (C)
Correct answer is option 'D'. Can you explain this answer?

Arpita Sharma answered
Explanation:

The Panchayat System in India is a three-tier system of local self-government. The three tiers are Village Panchayat, Block Panchayat, and District Panchayat. The Village Panchayat is the lowest level of this system and is responsible for the administration of a single village or a group of villages.

Statement (a): The president of the Village Panchayat is the Pradhan.
This statement is true. The head of the Village Panchayat is called the Pradhan. The Pradhan is elected by the members of the Panchayat and is responsible for the overall administration and decision-making of the Panchayat.

Statement (b): The Gram Panchayats can levy certain taxes and duties to meet their expenses.
This statement is true. Gram Panchayats have the power to levy certain taxes and duties on various activities within their jurisdiction. These taxes and duties are collected to meet the expenses of the Panchayat, including the provision of basic amenities and services to the villagers.

Statement (c): The Gram Panchayat must present its budget and annual administrative report before the Gram Sabha.
This statement is also true. The Gram Panchayat is required to prepare and present its annual budget and administrative report before the Gram Sabha, which is a general body of all the adult villagers in the Panchayat area. The Gram Sabha reviews and approves the budget and report, ensuring transparency and accountability in the functioning of the Panchayat.

Therefore, both statement (b) and (c) are true for the Village Panchayat. The Gram Panchayat has the power to levy taxes and duties, and it must present its budget and annual administrative report before the Gram Sabha. Hence, the correct answer is option 'D' - Both (B) and (C).

Which of the following are correctly matched?
1. Conduct of business of the Government of a State - Article 166
2. Council of Ministers to aid and advise governor - Article 164
3. Duties of Chief Minister - Article 167
Choose from the following options.
  • a)
    1 and 2 Only
  • b)
    2 and 3 Only
  • c)
    1 and 3 Only
  • d)
    All of them
Correct answer is option 'C'. Can you explain this answer?

Under the Indian Constitution, the distribution of powers and functions between the Union and the States is clearly defined. The conduct of business of the Government of a State, the Council of Ministers to aid and advise the Governor, and the duties of the Chief Minister are all important aspects of the functioning of the State Government. Let's examine each of these provisions in detail to understand why option 'C' is the correct answer.

1. Conduct of business of the Government of a State - Article 166:
Article 166 of the Indian Constitution deals with the conduct of business of the Government of a State. It states that the Governor of a State shall conduct the business of the State Government in accordance with the rules of procedure made by the Governor himself. The Governor is required to act with the aid and advice of the Council of Ministers headed by the Chief Minister in the exercise of his functions, except in cases where he is required to act in his discretion. This article ensures the smooth functioning of the State Government.

2. Council of Ministers to aid and advise Governor - Article 164:
Article 164 of the Indian Constitution provides for the Council of Ministers to aid and advise the Governor. It states that there shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in cases where he is required to act in his discretion. The Council of Ministers is collectively responsible to the State Legislature and its advice is binding on the Governor. This article establishes the democratic principle of collective responsibility and ensures that the Governor does not exercise arbitrary power.

3. Duties of Chief Minister - Article 167:
Article 167 of the Indian Constitution deals with the duties of the Chief Minister of a State. It states that it shall be the duty of the Chief Minister to communicate to the Governor of the State all decisions of the Council of Ministers relating to the administration of the affairs of the State and proposals for legislation. The Chief Minister also provides information to the Governor regarding the decisions of the Council of Ministers. This article establishes the role and responsibilities of the Chief Minister in the State Government.

In conclusion, all three provisions mentioned in the options are correctly matched. Article 166 deals with the conduct of business of the Government of a State, Article 164 establishes the Council of Ministers to aid and advise the Governor, and Article 167 outlines the duties of the Chief Minister. Therefore, option 'C' - 1 and 3 Only, is the correct answer.

The lokayukta and upalokayukta are appointed by the governor of the state. While appointing, the governor in most of the states consults   
  • a)
    The chief justice of the state high court
  • b)
    The leader of Opposition in the state legislative assembly
  • c)
    Both A & B
  • d)
    Neither A nor B
Correct answer is option 'C'. Can you explain this answer?

Meera Kapoor answered
The correct answer is C. Both A & B.
  • In most states in India, the Lokayukta and Upalokayukta are appointed by the Governor of the state, but only after consultation with the Chief Justice of the State High Court and the Leader of Opposition in the State Legislative Assembly.
  • The Lokayukta is an anti-corruption authority or ombudsman who represents the public interest. The Lokayukta investigates allegations of corruption and mal-administration against public servants and is tasked with quickly redressing public grievances.
  • The Chief Justice and the Leader of Opposition are consulted to ensure a fair and unbiased appointment. This is because the Lokayukta should be an individual of high integrity and impartiality. The involvement of these two key figures helps uphold the credibility and independence of the Lokayukta.

The Parliament passed the Administrative Tribunals Act in: 
  • a)
    1985 
  • b)
    1975 
  • c)
    1982 
  • d)
    1987
Correct answer is option 'A'. Can you explain this answer?

Priya Sarkar answered
The correct answer is option 'A' - 1985.

Explanation:
The Administrative Tribunals Act was passed by the Parliament of India in 1985. This act aimed to provide for the establishment of administrative tribunals for the speedy and effective disposal of disputes and complaints related to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or any State.

Key Points:
1. Purpose of the Act: The Administrative Tribunals Act was enacted to address the growing number of cases related to service matters pending in regular courts. It aimed to provide a separate mechanism for the resolution of such disputes, ensuring a faster and more efficient process.

2. Establishment of Administrative Tribunals: The Act provided for the establishment of administrative tribunals at both the central and state levels. These tribunals were given the authority to adjudicate matters related to recruitment, conditions of service, and other administrative issues concerning public servants.

3. Composition of Tribunals: The Act specified the composition of the administrative tribunals. Each tribunal would consist of a Chairman and such number of Vice-Chairmen and Members as the government deemed necessary. The Chairman and members were appointed by the President or the Governor, as the case may be.

4. Jurisdiction of Tribunals: The administrative tribunals established under this act had the jurisdiction to hear and determine disputes and complaints arising out of service matters of public servants. They had the power to make orders and pass judgments, which were enforceable as if they were decrees of a civil court.

5. Exclusion of Jurisdiction of Civil Courts: One of the significant provisions of the act was the exclusion of the jurisdiction of civil courts in matters falling within the jurisdiction of administrative tribunals. This meant that once a dispute was referred to the tribunal, the civil courts could no longer entertain or decide upon the same matter.

6. Appellate Authority: The Act also provided for the establishment of a Central Administrative Tribunal (CAT) at the central level and State Administrative Tribunals (SATs) at the state level. The CAT and SATs served as appellate authorities, hearing appeals against the decisions of the administrative tribunals.

In conclusion, the Administrative Tribunals Act was passed by the Parliament of India in 1985 to establish administrative tribunals for the speedy and effective resolution of service-related disputes of public servants. This act aimed to streamline the process and ensure timely justice for the aggrieved parties.

Consider the following statements regarding the award by Lok Adalat. 
1. The award by the Lok Adalat is binding on the parties, and it has the status of a decree of a civil court 
2. It is non-appealable 
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 'C'. Can you explain this answer?

Sahana Menon answered
The correct answer is option 'C' - Both 1 and 2.

Explanation:
- The first statement is correct. The award by the Lok Adalat is binding on the parties involved in the dispute. It has the same status as a decree of a civil court. This means that the parties are legally obligated to comply with the decision of the Lok Adalat. If any party fails to comply with the award, the other party can enforce it through the civil court.
- The second statement is also correct. The award given by the Lok Adalat is non-appealable. This means that the parties cannot challenge the decision of the Lok Adalat in a higher court. Once the award is given, it becomes final and cannot be appealed.

Lok Adalat is a system of alternative dispute resolution in India. It aims to provide a speedy and cost-effective resolution to disputes, especially in cases of pending court cases. Lok Adalats are organized at various levels, including the National Level, State Level, District Level, and Taluk Level.

The Lok Adalat comprises of a panel of members, including a judicial officer, social workers, and legal professionals. The Lok Adalat follows a conciliatory approach to resolve disputes. The parties involved in the dispute are encouraged to negotiate and reach a mutually acceptable settlement. If a settlement is reached, it is recorded as an award by the Lok Adalat.

The award by the Lok Adalat has certain legal characteristics. It is considered to be a decree of a civil court and is binding on the parties. It has the same enforceability as a decree of a civil court. The award can be executed through the civil court if required.

One of the key features of the Lok Adalat is its non-appealable nature. Once the award is given, the parties cannot challenge it in a higher court. This ensures the finality and speedy resolution of disputes. However, it is important to note that if the parties are not satisfied with the outcome of the Lok Adalat, they still have the option to approach the regular court for resolution.

In conclusion, the award by the Lok Adalat is binding on the parties and has the status of a decree of a civil court. It is non-appealable, meaning the parties cannot challenge the decision in a higher court.

Which one of the following is a Quasi-judicial authority? 
  • a)
    Central Vigilance Commission 
  • b)
    National Commission for Women 
  • c)
    Comptroller and Auditor-General of India 
  • d)
    Administrative Tribunal
Correct answer is option 'D'. Can you explain this answer?

Arun Khatri answered
The CAT exercises original jurisdiction in relation to recruitment and all service matters of public servants covered by it. Its jurisdiction extends to the all-India services, the Central civil services, civil posts under the Centre and civilian employees of defence services. However, the members of the defence forces, officers and servants of the Supreme Court and the secretarial staff of the Parliament are not covered by it

Consider the following statements.
1. It is the duty of every minister to stand by the cabinet decisions and support them both within and outside the state legislature.
2. If any minister disagrees with a cabinet decision and is not prepared to defend it, he must resign
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?

Sanjay Rana answered
The principle of collective responsibility also means that the cabinet decisions bind all cabinet ministers (and other ministers) even if they deferred in the cabinet meeting. It is the duty of every minister to stand by the cabinet decisions and support them both within and outside the state legislature. 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.

Which action is considered a primary function of State government?
  • a)
    supervising elected federal government officials.
  • b)
    regulating political parties and the media.
  • c)
    organizing a local military to provide security.
  • d)
    enforcing laws regarding the public safety.
Correct answer is option 'D'. Can you explain this answer?

Simran Basak answered
Enforcing laws regarding public safety is considered a primary function of State government. State governments are responsible for maintaining law and order within their respective jurisdictions and ensuring the safety and security of their citizens. This involves a range of activities and initiatives aimed at preventing and addressing crime, protecting public welfare, and maintaining order in society.

Law Enforcement and Policing:
State governments play a crucial role in enforcing laws and maintaining public safety through the establishment and management of law enforcement agencies such as state police departments. These agencies are responsible for investigating crimes, apprehending offenders, and ensuring the overall safety of the community. They work in coordination with local law enforcement agencies to address criminal activities and maintain order.

Court Systems and Legal Enforcement:
State governments are responsible for the administration of justice within their jurisdictions. They establish and oversee court systems that handle criminal and civil cases, ensuring that legal proceedings are conducted fairly and efficiently. State governments also appoint judges and other judicial officers who preside over these courts, ensuring the effective enforcement of laws and the protection of individual rights.

Correctional Facilities and Rehabilitation:
State governments are also responsible for maintaining correctional facilities such as prisons and ensuring the proper rehabilitation of convicted individuals. They establish policies and programs aimed at reducing recidivism rates and promoting the successful reintegration of offenders into society. State governments may also provide resources for community-based programs that focus on preventing crime and addressing the root causes of criminal behavior.

Emergency Response and Disaster Management:
State governments are often at the forefront of emergency response and disaster management efforts. They establish and coordinate emergency management agencies, which are responsible for planning, preparedness, response, and recovery activities in the event of natural disasters, public health emergencies, or other emergencies that threaten public safety. State governments work closely with local governments, federal agencies, and other stakeholders to ensure a coordinated and effective response to emergencies.

Conclusion:
Enforcing laws regarding public safety is a primary function of State government. Through their various agencies and initiatives, state governments strive to maintain law and order, protect citizens from crime, ensure the fair administration of justice, and respond effectively to emergencies and disasters. These efforts contribute to the overall well-being and security of the community.

Under Art. 224 of the Constitution, the President may appoint additional judges of High Court for a term not exceeding
  • a)
    one year
  • b)
    two years
  • c)
    three years
  • d)
    five years
Correct answer is option 'B'. Can you explain this answer?

Anaya Patel answered
B is the correct option.Additional Judges can be appointed by the President under clause (1) of Article 224 of the Constitution. 
The State Government should first obtain the sanction of the Central Government for the creation of such additional posts. The period of such service must not exceed two years.
 

The jurisdiction of the Supreme Court may been larged by the
  • a)
    Parliament
  • b)
    President
  • c)
    President in consultation with Chief Justice of India
  • d)
    Union Council of Ministers in consultation with Chief Justice of India
Correct answer is option 'A'. Can you explain this answer?

Shiwangi Singh answered
I guess the question is wrong. It should have been High court instead of Supreme court.

Parliament may by law extend the jurisdiction of a High Court to, or exclude the jurisdiction of a High Court from, any Union territory.

Where the High Court of a State exercises jurisdiction in relation to a Union territory:—

(a) nothing in this Constitution shall be construed as empowering the Legislature of the State to increase, restrict or abolish that jurisdiction; and

(b) the reference in article 227 to the Governor shall, in relation to any rules, forms or tables for subordinate courts in that territory, be construed as a reference to the President.

The Supreme Court has the power of judicial review which implies that
  • a)
    It can review the working of subordinate courts.
  • b)
    It can review its own judgments.
  • c)
    It can initiate cases at its own discretion.
  • d)
    It can declare the laws passed by legislature and orders issued by the executive as unconstitutional if they contravene any constitutional provision.
Correct answer is option 'D'. Can you explain this answer?

Geeta jain answered
The correct answer is option 'D', which states that the Supreme Court can declare laws passed by the legislature and orders issued by the executive as unconstitutional if they contravene any constitutional provision. This power is known as judicial review. Let's understand this concept in detail.

The power of judicial review is an essential feature of the democratic system of governance. It serves as a check on the actions of the legislature and the executive, ensuring their compliance with the Constitution. The Supreme Court, being the highest judicial authority in the country, holds the power of judicial review.

Key Points:
1. Power of Judicial Review: The power of judicial review allows the Supreme Court to review the constitutionality of laws and executive actions.
2. Constitution as the Supreme Law: In a constitutional democracy, the Constitution is considered the supreme law of the land. All laws and actions of the government must be in accordance with the Constitution.
3. Unconstitutional Laws and Actions: If the Supreme Court finds that a law passed by the legislature or an order issued by the executive violates any provision of the Constitution, it can declare them as unconstitutional.
4. Protection of Fundamental Rights: One of the primary purposes of judicial review is to safeguard the fundamental rights of citizens. The Supreme Court ensures that laws and actions do not infringe upon these rights.
5. Balancing the Powers: Judicial review helps maintain the balance of powers among the three branches of government - legislature, executive, and judiciary. It prevents any branch from exceeding its constitutional limits.
6. Separation of Powers: Judicial review also upholds the principle of separation of powers. It allows the judiciary to interpret the laws and determine their constitutionality, while the legislature makes the laws and the executive implements them.
7. Upholding the Constitution: By declaring unconstitutional laws and actions as null and void, the Supreme Court upholds the supremacy of the Constitution and ensures that the government functions within its limits.

In conclusion, the power of judicial review held by the Supreme Court allows it to declare laws passed by the legislature and orders issued by the executive as unconstitutional if they violate any provision of the Constitution. This power serves as a crucial check on the actions of the government, upholding the supremacy of the Constitution and protecting the rights of citizens.

Under Article 371, the President is authorized to provide that the Governor of Maharashtra and that of Gujarat would have special responsibility for: 
1. The establishment of separate development boards for (i) Vidarbha, Marathwada and the rest of Maharashtra, (ii) Saurashtra, Kutch and the rest of Gujarat; 
2. Making a provision that a report on the working of these boards would be placed every 5 years before the State Legislative Assembly 
Which of these statements is/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?

Anjana Chavan answered
Under Article 371 of the Indian Constitution, the President is authorized to provide certain special provisions for the Governor of Maharashtra and Gujarat. Let's understand each statement in detail:

1. The establishment of separate development boards for (i) Vidarbha, Marathwada, and the rest of Maharashtra, (ii) Saurashtra, Kutch, and the rest of Gujarat:
This statement is correct. Article 371 empowers the President to establish separate development boards for specific regions within a state. In the case of Maharashtra, the President can establish separate boards for Vidarbha, Marathwada, and the rest of Maharashtra. Similarly, in Gujarat, separate boards can be established for Saurashtra, Kutch, and the rest of Gujarat. These boards aim to promote and accelerate the development of these specific regions.

2. Making a provision that a report on the working of these boards would be placed every 5 years before the State Legislative Assembly:
This statement is incorrect. Article 371 does not specifically mention the provision for a report on the working of these boards to be placed before the State Legislative Assembly every 5 years. The provision might exist in some other legislation or rules but not under Article 371 itself.

In conclusion, only statement 1 is correct, and statement 2 is incorrect. The President is authorized to establish separate development boards for specific regions within Maharashtra and Gujarat under Article 371, but there is no specific provision for a report on the working of these boards to be placed before the State Legislative Assembly every 5 years.

Which part became 22nd State of lndia on 26th April, 1975? 
  • a)
    Nagaland
  • b)
    Tripura
  • c)
    Himachal Pradesh
  • d)
    Sikkim
Correct answer is option 'D'. Can you explain this answer?

Swara Das answered


Introduction:
Sikkim became the 22nd State of India on 26th April, 1975. This event marked an important milestone in the history of India.

Historical Background:
- Sikkim was a small kingdom located in the eastern Himalayas.
- It had a special protectorate status under India's administration.

Merger with India:
- In 1975, a referendum was held in Sikkim to decide whether it should merge with India.
- The referendum resulted in a majority vote in favor of merging with India.
- As a result, Sikkim became the 22nd State of India on 26th April, 1975.

Significance:
- The merger of Sikkim with India was significant as it completed the process of integrating all the princely states into the Indian Union.
- It also brought the people of Sikkim under the Indian Constitution, providing them with the rights and privileges enjoyed by citizens of India.

Conclusion:
The inclusion of Sikkim as the 22nd State of India on 26th April, 1975, was a historic event that strengthened the unity and integrity of the nation. This step further consolidated the diverse cultural and geographical landscape of India.

Which Article of the Constitution of India deals with administrative tribunals? 
  • a)
    Article 322 
  • b)
    Article 323 
  • c)
    Article 323-A
  • d)
    Article 323-B
Correct answer is option 'C'. Can you explain this answer?

In pursuance of Article 323 A, the Parliament has passed the Administrative Tribunals Act in 1985. The act authorises the Central government to establish one Central administrative tribunal and the state administrative tribunals. This act opened a new chapter in the sphere of providing speedy and inexpensive justice to the aggrieved public servants.

Consider the following statements.
1. President can make such provision as he thinks fit for the discharge of the functions of the governor in any contingency not provided for in the Constitution
2. President may appoint the chief justice of the concerned state high court temporarily to discharge the functions of the governor of that state
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 'C'. Can you explain this answer?

Sanjay Rana answered
Correct option is C. Both 1 and 2 are correct.
1.The President can make such provision as he thinks fit for the discharge of the functions of the governor in any contingency not provided for in the Constitution, for example, the death of a sitting governor.
2.The Chief Justice of the concerned state high court may be appointed temporarily to discharge the functions of the governor if the President thinks. The idea is that there must be Governor in the state and it can not be vacant.
 

The Jammu and Kashmir Reorganisation Bill, 2019 reorganizes the state of Jammu and Kashmir into : 
1. The Union Territory of Jammu and Kashmir without a legislature 
2. The Union Territory of Ladakh with a legislature 
Choose from the following options.
  • a)
    1 Only 
  • b)
    2 Only 
  • c)
    Both 1 and 2 
  • d)
    None of them
Correct answer is option 'D'. Can you explain this answer?

Anita Desai answered
The Bill reorganizes the state of Jammu and Kashmir into The Union Territory of Jammu and Kashmir with a legislature, and The Union Territory of Ladakh without a legislature. The Union Territory of Ladakh will comprise Kargil and Leh districts, and the Union Territory of Jammu and Kashmir will comprise the remaining territories of the existing state of Jammu and Kashmir.

Consider the following statements about Appellate jurisdiction of High Court.
1. In civil cases its jurisdiction includes to the orders and judgments of the district courts, additional district courts and other subordinate courts
2. In criminal cases its jurisdiction includes judgments relating to sessions courts and additional sessions court
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 'C'. Can you explain this answer?

Prisha Tiwari answered
Appellate jurisdiction refers to the authority of a higher court to review and revise decisions made by lower courts. In the case of High Courts in India, they have appellate jurisdiction over both civil and criminal cases.

1. Appellate jurisdiction in civil cases:
- The first statement is correct. The High Court has the authority to hear appeals against the orders and judgments of the district courts, additional district courts, and other subordinate courts in civil cases.
- This means that if a party is dissatisfied with the decision of a lower court in a civil case, they can appeal to the High Court to review and potentially overturn the decision.

2. Appellate jurisdiction in criminal cases:
- The second statement is also correct. The High Court has the authority to hear appeals against judgments relating to sessions courts and additional sessions courts in criminal cases.
- This means that if a person is convicted or acquitted by a sessions court or an additional sessions court and they believe that there was an error in the judgment, they can appeal to the High Court to review the decision.

Therefore, both statements are correct, and the correct answer is option 'C' - Both 1 and 2.

Appellate jurisdiction of High Courts is an important aspect of the Indian judicial system as it ensures that there is a mechanism for reviewing and correcting errors made by lower courts. It provides an opportunity for parties to seek justice and ensure that their cases are heard fairly. The High Court plays a crucial role in maintaining the rule of law and upholding the principles of justice in civil and criminal cases.

The judicial magistrate court decides on cases that are punishable up to:
  • a)
    3 years
  • b)
    5 years
  • c)
    7 years
  • d)
    9 years
Correct answer is option 'A'. Can you explain this answer?

The judicial magistrate court is at the lowest in the hierarchy of criminal courts. Above it there is the Chief Judicial Magistrate Court, and above that is the Session Judge's court, and the topmost authority at the district level is the High Court.

Part XIV-A of the Constitution of India deals with which of the following: 
  1. Administrative tribunals 
  2. Adjudication or trial by tribunals in respect of enforcement of any tax 
  3. Adjudication or trial by tribunals in respect of ceiling on urban property 
  4. Adjudication or trial by tribunals in respect of industrial and labour disputes 
Select the correct answer using the codes given below:
  • a)
    1, 2, 3 and 4 
  • b)
    1, 2 and 3 
  • c)
    3 and 4 
  • d)
    1 and 4
Correct answer is option 'A'. Can you explain this answer?

Akanksha Bose answered
Part XIV-A of the Constitution of India deals with Administrative Tribunals, which are specialized tribunals set up to adjudicate disputes arising from the administration of laws in specific areas. The main objective of these tribunals is to provide speedy and efficient justice and to reduce the burden on regular courts.

The provisions of Part XIV-A were inserted into the Constitution by the 42nd Amendment Act, 1976. The Part has four articles- Article 323A and Article 323B.

Article 323A deals with Administrative Tribunals, and it empowers the Parliament to provide for the establishment of tribunals for the adjudication of disputes relating to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or any State or any local or other authority within the territory of India.

Article 323B deals with Tribunals for other matters, and it empowers the Parliament and the State Legislatures to provide for the establishment of tribunals for the adjudication of disputes relating to matters such as tax, industrial and labour disputes, land reforms, ceiling on urban property, etc.

Thus, Part XIV-A of the Constitution empowers the Parliament and the State Legislatures to establish specialized tribunals to provide speedy and efficient justice in specific areas of law. These tribunals are meant to reduce the burden on regular courts and to ensure that disputes are resolved quickly and fairly.

The bill that enjoys the sitting of both the Houses due to deadlock is
  • a)
    Prevention of Terrorism Bill
  • b)
    Revenue Generation Bill
  • c)
    Entertainment Tax Bill on Gujrat State
  • d)
    Customs Tariff (Amendment) Bill
Correct answer is option 'A'. Can you explain this answer?

Until now, only three bills: the Dowry Prohibition Act (1961), the Banking Service Commission Repeal Bill (1978) and the Prevention of Terrorism Bill (2002) have been passed at joint sessions.

Jammu and Kashmir became part of India through - 
  • a)
    Instrument of Accession 
  • b)
    Instrument of Instructions 
  • c)
    J&K Peace Accord 
  • d)
    Plebiscite
Correct answer is option 'A'. Can you explain this answer?

Anita Desai answered
  • The instrument of Accession Under Article 1 of the Indian Constitution, the State of Jammu and Kashmir (J&K) is a constituent state of Indian Union, and its Territory forms a part of the territory of India. On the other hand, Article 370 in Part XXI of the Constitution grants special status to it. 
  • Accordingly, all the provisions of the Constitution of India do not apply to it. It is also the only state in the Indian Union which has its own separate state Constitution - the Constitution of Jammu and Kashmir.

The Central Administrative Tribunal was set up on the recommendation of: 
  • a)
    The Ministry of Law and Justice 
  • b)
    The Administrative Reforms Commission 
  • c)
    The Law Commission 
  • d)
    The Sarkaria Commission
Correct answer is option 'B'. Can you explain this answer?

Sameer Nambiar answered
The Central Administrative Tribunal (CAT)
The Central Administrative Tribunal (CAT) is a specialized administrative tribunal in India that deals with service matters of government employees. It was established on the recommendation of the Administrative Reforms Commission.

Administrative Reforms Commission (ARC)
The Administrative Reforms Commission (ARC) was set up in 1966 by the Government of India to suggest measures for improving the administrative machinery of the country. One of the key recommendations made by the ARC was the establishment of a specialized tribunal to adjudicate service disputes of government employees.

The ARC identified the need for a separate tribunal to handle service matters in order to provide a speedy and efficient resolution of disputes. It recommended the establishment of the Central Administrative Tribunal to replace the existing system of handling service matters through regular courts.

Reasons for setting up the Central Administrative Tribunal
The establishment of the Central Administrative Tribunal was recommended by the ARC due to several reasons:

1. Specialization: The regular courts were burdened with a large number of service matters, leading to delays in the resolution of cases. The ARC recognized the need for a specialized tribunal that could focus exclusively on service matters and provide speedy justice.

2. Expertise: The ARC believed that a specialized tribunal would have the expertise and knowledge required to handle complex service matters. It would be staffed with members who have a thorough understanding of administrative law and the functioning of the government.

3. Efficiency: By establishing a separate tribunal, the ARC aimed to streamline the process of resolving service disputes. The CAT would have the authority to hear cases related to recruitment, promotion, transfer, and disciplinary matters, among others. This would help in reducing the burden on regular courts and ensure quicker disposal of cases.

Conclusion
The Administrative Reforms Commission recommended the establishment of the Central Administrative Tribunal to address the shortcomings in the existing system of handling service matters of government employees. The CAT was set up to provide a specialized forum for adjudicating service disputes and ensure speedy and efficient resolution of cases.

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