Model Test Paper - Indian Polity - UPSC MCQ

The Prime Minister is the leader of the Lower House. In this capacity, he enjoys the following powers:

• He advises the President with regard to summoning and proroguing of the sessions of the Parliament. Hence, statement 2 is correct.
• He can recommend dissolution of the Lok Sabha to President at any time. But only President can dissolve the Lok Sabha. Hence, statement 1 is not correct.
• He announces government policies on the floor of the House

Both the statements 1 and 2 are correct.

• The Constitution declares Delhi as the seat of the Supreme Court. ● But, it also authorises the Chief Justice of India to appoint other place or places as seat of the Supreme Court. He can take decision in this regard only with the approval of the President.
• This provision is only optional and not compulsory. This means that no court can give any direction either to the President or to the Chief Justice to appoint any other place as a seat of the Supreme Court.

• Option 1 is correct: The judges of the Supreme Court are appointed by the President. The Chief justice is appointed by the President after consulta
  on with such judges of the Supreme Court and high courts as he deems necessary. The other judges are appointed by President after consultation with the chief justice and such other judges of the Supreme Court and the high courts as he deems necessary. The consultation with the Chief Justice is obligatory in the case of appointment of a judge other than Chief justice.
• Option 2 is correct. The judges of a High Court are appointed by the President. The chief justice is appointed by the President after consultation with the chief justice of India and the governor of the state concerned. For appointment of other judges, the chief justice of the concerned high court is also consulted. In the Second Judges case (1993), the Supreme Court ruled that no appointment of a judge of the high court can be made, unless it is in conformity with the opinion of the chief justice of India. In the Third Judges case (1998), the Supreme Court opined that in case of the appointment of high court judges, the chief justice of India should consult a collegium of two senior-most judges of the Supreme Court. Thus, the sole opinion of the chief justice of India alone does not constitute the ‘consultation’ process.
• Option 3 is not correct. Appointment of persons (other than district judges) to the judicial service of a state are made by the governor of the state after consultation with the State Public Service Commission and the high court.

• Statement 1 is not correct: The office of ‘whip’ is mentioned neither in the Constitution of India nor in the Rules of the House nor in a Parliamentary Statute. It is based on the conventions of the parliamentary government. Every political party, whether ruling or Opposition has its own whip in the Parliament. He is appointed by the political party to serve as an assistant floor leader.
• Statement 2 is correct: He is charged with the responsibility of ensuring the attendance of his party members in large numbers and securing their support in favour of or against a particular issue. He regulates and monitors their behaviour in the Parliament. The members are supposed to follow the directives given by the whip. Otherwise, disciplinary action can be taken.

• Statement 1 is correct: Cabinet Committees are extra-constitutional in emergence. In other words, they are not mentioned in the Constitution. However, the Rules of Business provide for their establishment.
• Statement 2 is not correct: They are set up by the Prime Minister, not President, according to the exigencies of the time and requirements of the situation.
• Statement 3 is not correct: Cabinet Committees usually include only Cabinet Ministers. However, the non-cabinet Ministers are not debarred from their membership.

• Joint sitting is provided by the Constitution to resolve a deadlock between the two Houses of Parliament over the passage of a bill. A deadlock is deemed to have taken place under any one of the following three situations after a bill has been passed by one House and transmitted to the other House:
  1. If the bill is rejected by the other House
  2. If the Houses have finally disagreed as to the amendments to be made in the bill; or 3. If more than six months have elapsed from the date of the receipt of the bill by the other House without the bill being passed by it.
• In the above three situations, the President can summon both the Houses to meet in a joint sitting for the purpose of deliberating and voting on the bill. This sitting is presided over by the Speaker of the Lok Sabha.
• This provision of joint sitting is applicable to ordinary bills or financial bills only and not to money bills or Constitutional amendment bills. In the case of a money bill, the Lok Sabha has overriding powers, while a Constitutional amendment bill must be passed by each House separately.

• Article 301 declares that trade, commerce and intercourse throughout the territory of India shall be free. The freedom guaranteed by Article 301 is a freedom from all restrictions, except those which are provided for in the other provisions (Articles 302 to 305) of Part XIII of the Constitution itself. Hence, statement 1 is not correct.
• Parliament can impose restrictions on the freedom of trade, commerce and intercourse between the states or within a state in public interest. But, the Parliament cannot give preference to one state over another or discriminate between the states except in the case of scarcity of goods in any part of India. Hence, statement 2 is not correct.

• There has been decline in parliamentary control over the executive in India due to many reasons like absence of quorum, boycott of sessions by members of opposition which deprive the house the power to control the executive through discussion.
• Guillotine is a closure motion where the undiscussed clauses of a bill or a resolution are also put to vote along with the discussed ones due to want of time (as the time allotted for the discussion is over). The increased recourse to 'guillotine' has reduced the scope of financial control.
• Delegated legislation is law made by an executive authority under powers given to them by primary legislation in order to implement and administer the requirements of that primary legislation. The growth of ‘delegated legislation’ has reduced the role of Parliament in making detailed laws and has increased the powers of the bureaucracy, thereby reducing Parliamentary control over the executive.
• The Constitution of India established a parliamentary form of government in which the Executive is responsible to the Parliament for its policies and acts. Hence, the Parliament exercises control over the Executive through Question hour, Zero Hour, Calling attention motion and adjournment motion etc. Hence, option 3 is not correct.

Local government is a ‘State subject‘. States are free to make their own laws on this subject. But once the Constitution was amended through the 73rd and 74th Constitution Amendment Act, the States had to change their laws about local bodies in order to bring these in conformity with the amended Constitution. They were given one year’s time for making necessary changes in their respective State laws in the light of these amendments.

• The District Judge is the highest judicial authority in the district. He possesses original and appellate jurisdiction in both civil as well as criminal matters. The district judge exercises both judicial and administrative powers. He also has supervisory powers over all the subordinate courts in the district. Appeals against his orders and judgements lie to the High Court. Hence, statement 1 is not correct.
• The Sessions Judge has the power to impose any sentence including life imprisonment and capital punishment (death sentence). However,a capital punishment passed by him is subject to confirmation by the High Court, whether there is an appeal or not. Hence, statement 2 is correct.

• The Constitution (Article 143) authorises the President to seek the opinion of the Supreme Court in the two categories of matters:
  (a) On any question of law or fact of public importance which has arisen or which is likely to arise. In this case the Supreme Court may tender or may refuse to tender its opinion to the President.
  (b) On any dispute arising out of any pre-constitution treaty, agreement, covenant, engagement, Sanad or other similar instruments. In this case, the Supreme Court ‘must’ tender its opinion to the President.
• However, in both the cases, the opinion expressed by the Supreme Court is only advisory and not a judicial pronouncement. Hence, it is not binding on the President; he may follow or may not follow the opinion. However, it facilitates the government to have an authoritative legal opinion on a matter to be decided by it.

• Statement 1 is correct: Article 74 provides for a council of ministers with the Prime Minister at the head to aid and advise the President in the exercise of his functions. The 42^nd and 44^th Constitutional Amendment Acts have made the advice binding on the President.
• Statement 2 is not correct: Unlike Britain, in India, there is no provision in the Constitution for the system of legal responsibility of a minister. It is not required that an order of the President for a public act should be countersigned by a minister.

Quorum is the minimum number of members required to be present in the House before it can transact any business. It is one-tenth of the total number of members in each House including the presiding officer. It means that there must be at least 55 members present in the Lok Sabha and 25 members present in the Rajya Sabha, if any business is to be conducted. If there is no quorum during a meeting of the House, it is the duty of the presiding officer either to adjourn the House or to suspend the meeting until there is a quorum.

When the Governor reserves a bill for the consideration of the President, he will not have any further role in the enactment of the bill. If the bill is returned by the President for the reconsideration of the House or Houses and is passed again, the bill must be presented again for the Presidential assent only.However The President is not obliged to give assent to the bill. If the President gives his assent to the bill, it becomes an Act. This means that the assent of the Governor is no longer required.

• Statement 1 is correct: Under the Constitution, the civil servants are conferred personal immunity from legal liability for official contracts. This means that the civil servant who made a contract in his official capacity is not personally liable in respect of that contract but it is the government (Central or state) that is liable for the contract. But, if the contract is made without complying the conditions specified in the Constitution, then the civil servant who made the contract is personally liable.
• Further, the civil servants also enjoy immunity from legal liability for their tortious acts in respect of the sovereign functions of the government. In other cases, the liability of the civil servants for torts or illegal acts is the same as of any ordinary citizen.
• Civil proceedings can be instituted against them for anything done in their official capacity after giving a two months’ advance notice. But, no such notice is required when the action is to be brought against them for the acts done outside the scope of their official duties.
• Criminal proceedings can be instituted against them for acts done in their official capacity, with the prior permission of the President or the governor, where necessary.
• Statement 2 is correct: The judicial officers enjoy immunity from any liability in respect of their official acts and hence, cannot be sued. The Judicial Officers Protection Act (1850) lays down that, ‘no judge, magistrate, justice of peace, collector or other person acting judicially shall be liable to be sued in any civil court for any act done by him in the discharge of his official duty’

• The President of India, as advised by the Prime Minister, directs the allocation of portfolios amongst the members of the Council of Ministers.The ministers are appointed by the President on the advice of the Prime Minister.
• Parliamentary Affairs Committee looks after ment business in the Parliament. The Committee has no power to allocate ranks and portfolios to ministers.
• Appointments Committee of the Cabinet decides all higher level appointments in the Central Secretariat, Public Enterprises, Banks and Financial Institutions. The Committee has no power to allocate ranks and portfolios to ministers.

• Article 75 states that the council of ministers is collectively responsible to the Lok Sabha. This means that all the ministers own joint responsibility to the Lok Sabha for all their acts of omission and commission. Hence, statement 1 is correct.
• 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. Hence, statement 2 is correct.

• 73rd Constitutional Amendment provides for a five-year term of office to the panchayat at every level. However, it can be dissolved before the completion of its term. Further, fresh elections to constitute a Panchayat shall be completed (a) before the expiry of its duration of five years; or (b) in case of dissolution, before the expiry of a period of six months from the date of its dissolution.
• But, where the remainder of the period (for which the dissolved Panchayat would have conyinued) is less than six months, it shall not be necessary to hold any election for constituting the new panchayat for such period. Moreover, a Panchayat constituted upon the dissolution of a Panchayat before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Panchayat would have con
  nued had it not been so dissolved. In other words, a panchayat reconstituted after premature dissolution does not enjoy the full period of five years but remains in office only for the remainder of the period.

Justice R. S. Sarkaria Commission was appointed in June 1983. It stressed on cooperative federalismand noted that the federalism is more a functional arrangement for cooperative action than a static institutional concept. At the same time, it did not equate strong centre with centralization of powers because over- centralisation leads to blood pressure at the centre and anaemia at the periphery.
M M Punchhi Commission was set up by UPA Government in 2007 and it gave its recommendations in 2010. Some of the important recommendations are as follows:

• There should be a consultation process between union and states via Interstate Council for legislation on concurrent subjects.
• Regarding state bills, the President’s pocket veto should end and there should be a reasonable time (6 months) in which president communicates his decision.
• The treaty making powers of union should be regulated and states should get greater participation in treaties where interests of states are involved.
• Governor should get clear guidelines for appointment of Chief Ministers so that he does not mis-uses his discretionary powers in this context. etc.

Rajmannar committee was set up by DMK government in Tamil Nadu in 1969. Apart from making a call for immediate constitution of Inter-state Council, this committee made following recommendations:

• Union government should not take any decision without consulting the inter-state council when such decision can affect the interests of one or more states.
• Every bill which affects interests of the states should be first referred to inter-state council before it is introduced in parliament.
• Article 356 should be used only in rare cases of complete breakdown of law and order in state. etc.

• Municipal corporations are created for the administration of big cities like Delhi, Mumbai, Kolkata, Hyderabad, Bangalore and others. They are established in the states by the acts of the concerned state legislatures, and in the union territories by the acts of the Parliament of India. There may be one common act for all the municipal corporations in a state or a separate act for each municipal corporation. Hence, statement 1 is not correct and statement 2 is correct.
• A municipal corporation has three authorities, namely, the council, the standing committees and the commissioner.The Council is headed by a Mayor. He is assisted by a Deputy Mayor. He is elected in a majority of the states for a one-year renewable term. He is basically an ornamental figure and a formal head of the corporation. His main function is to preside over the meetings of the Council.
• The Municipal Commissioner is responsible for the implementation of the decisions taken by the council and its standing committees. Thus, he is the chief executive authority of the corporation. He is appointed by the state government and is generally a member of the IAS. Hence, statement 3 is not correct.