Polity - MCQ Online Test (1) - UPSC MCQ

India Independence Act of 1947: Legislation for the new dominions:
1. The existing legislative setup was allowed to continue as Constitution making body as well as a legislature. (Temporary Provisions as to the Government of Each
New Dominion.)
2. The legislature of each dominion was given full powers to make laws for that dominion, including laws having extraterritorial operation.
3. No Act of Parliament of UK passed after the appointed date would be extended to the territories of new dominions.
4. No law and provision of any law made by the legislature of the new dominions shall be void or inoperative on the ground that it is repugnant to the law of England.

5. The Governor-General of each dominion had full powers to give assent in His Majesty’s name to any law of the legislature. [Configuration of Pakistan’s
Constitution Assembly (CAP I): 69 members of the central legislature + 10 immigrant members= 79]

The Drafting Committee was set up on August 29, 1947. It was this committee that was entrusted with the task of preparing a draft of the new Constitution. It consisted of seven members. They were:

1. Dr B R Ambedkar (Chairman)

2. N Gopalaswamy Ayyangar

3. Alladi Krishnaswamy Ayyar

4. Dr K M Munshi

5. Syed Mohammad Saadullah

6. N Madhava Rau (He replaced B L Mitter who resigned due to ill-health)

7. T T Krishnamachari (He replaced D P Khaitan who died in 1948)

Explanation:
The statement that does not explain the broader notion of development is option D: "It considers that measuring the development in terms of the economic growth rate would be adequate and correct." This statement is incorrect because it focuses solely on economic growth as the indicator of development, ignoring other important factors that contribute to the overall well-being and progress of a country and its people.
Here is a detailed explanation of why the other statements explain the broader notion of development:
A: It considers the development in terms of the degree of improvement in the quality of life of all the people of the country.
- This statement acknowledges that development is not just about economic growth but also about improving the quality of life for all individuals in a country. It recognizes that development should encompass various aspects of well-being, such as health, education, and basic needs.
B: It measures the development of a country in terms of the Human Development Index declared by the United Nations Development Programme (UNDP).
- The Human Development Index (HDI) is a comprehensive measure of development that takes into account factors like life expectancy, education, and income. By using the HDI, this statement recognizes that development goes beyond economic indicators and includes social and human aspects as well.
C: It ranks countries based on their performance in social indicators like literacy and education levels, life expectancy, and maternal mortality rates.
- This statement emphasizes the importance of social indicators in measuring development. It acknowledges that development is not only about economic progress but also about improving social conditions, such as education and healthcare.
In summary, option D does not explain the broader notion of development because it focuses solely on economic growth as the measure of development, ignoring other important factors that contribute to the overall well-being and progress of a country and its people.

President’s Rule
Grounds of Imposition

Article 355 imposes a duty on the Centre to
ensure that the government of every state is
carried on in accordance with the provisions of the Constitution. It is this duty in the
performance of which the Centre takes over the government of a state under Article 356 in case of failure of constitutional machinery in state. This is popularly known as ‘President’s Rule’. It is also known as ‘State Emergency’ or ‘Constitutional Emergency’.
The President’s Rule can be proclaimed under Article 356 on two grounds—one mentioned in Article 356 itself and another in Article 365:

1. Article 356 empowers the President to issue a proclamation, if he is satisfied that a
situation has arisen in which the government of a state cannot be carried on
in accordance with the provisions of the Constitution. Notably, the president can act either on a report of the governor of the state or otherwise too (i.e., even without
the governor’s report).

2. Article 365 says that whenever a state fails to comply with or to give effect to any
direction from the Centre, it will be lawful for the president to hold that a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of the Constitution.

In any Written Constitution, Preamble is needed for following four reasons or may also be said to be the main four Ingredients or Components of a Written Constitution -

1. It declares the ultimate source of authority
such as "We the people of India"

2. It declares the type of Government such as "Sovereign, Socialist, Secular, Democratic Republic”

3. It decides the objective of administration
such as social, economic and political
justice.

4. It declares the date of adoption of
Constitution that is 26th November, 1949.

With reference to the government in India,
the two terms namely “Union of India” and
“Territory of India” have specific meanings. While the former stands for the states that share federal powers with the Union Governments, the latter include not only the states but all other units like the Union Territories also or, in other words, the territory of India includes a larger area as compared to the union of India. i.e. the territory of India covers the entire territory over which Indian sovereignty is exercised while Union of India covers only the federal system. Being a sovereign state, India can acquire foreign territories according to the modes recognized by international law i.e cession, occupation, conquest or subjugation.

Article 2: Grants two powers to the Parliament namely:
1) The power to admit into the Union of
India new states; and
2) The power to establish new states
Broadly, the first refers to the admission of
states which are already in existence while the second refers to the establishment of states which are not in existence before. The latest addition was that of the state of Sikkim by the 35th and 36th Constitutional Amendments in 1974 and 1975. This was done at the request of the Sikkim Assembly and after the approval the people of Sikkim through a referendum.

Executive and legislature of Union and
states include union & state governments along with Parliament and state legislatures. The President of India and Governors of states can also be referred as ‘State’ as they are a part of the executive. The term ‘government’ also includes any department of government or any institution
under its control. The Income Tax Department and the International Institute for Population Sciences could be cited as examples. ‘Local authorities’, as used in the definition, refer to municipalities, panchayats or similar authorities that have the power to make laws & regulations and also enforce them. The expression ‘Other authorities’ could refer to any entity that exercises governmental or sovereign functions.
Both statutory and non-statutory bodies can be considered as a ‘State’ provided they get financial resources from the government and “have deep pervasive control of government and with functional characters”. ONGC, Delhi Transport Corporation, IDBI, and Electricity Boards are referred as a ‘State’. However, entities such as NCERT cannot be considered a ‘State’ as they are not substantially financed by the  overnment and the government control is not pervasive

Freedom of speech and expression is the
most basic of all freedoms granted to the citizens of India. J Patanjali Shastri has said in the case of Romesh Thaper vs State of Madras AIR 1950 SC that freedom of speech and that of the press lay at the foundation of a democratic society, for
without free political discussions, no public
education is possible, which is so important for the proper functioning of the govt.
It allows us to freely express our ideas and
thoughts through any medium such as print,
visual, and voice. One can use any communication medium of visual representation such as signs, pictures, or movies. Freedom of speech would amount to nothing if it were not possible to propagate the ideas. Thus, the freedom of publication is also covered under freedom of speech. Freedom of speech serves 4 purposes

 allows an individual to attain self
fulfillment.
 assists in the discovery of truth.
 it strengthens the capacity of a person to
make decisions.
 it facilitates a balance between stability
and social change.
This right is not only about communicating your ideas to others but also about being able to publish and propagate other people's views as well. Thus, freedom of speech and expression is linked to the people's right to know. Freedom of speech and expression is a broad term and
encompasses several things. The following are important cases that have determined the extent of this right from time to time.

Freedom of press Freedom of commercial advertisements.
Right against tapping of telephonic conversation
Right to telecast
Right to know about government activities.
Right against bandh called by a political party or organization
Freedom of silience.
Right to demonstration or picketing but not
strike.

Traffic in human beings and begar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law. (2) Nothing in this article shall prevent the State from imposing compulsory service for public purposes, and in imposing such service the State shall not make any discrimination on grounds only of religion, race, caste or class or any of them.” Slavery in its ancient form may not so much be a problem in every State today but its newer forms which are labelled in the Indian Constitution under the general term “exploitation” are no less a serious challenge to human freedom and civilisation. It is in this view that our Constitution, instead of using the word ‘slavery’ uses the more comprehensive expression ‘traffic in human beings’ which includes a prohibition not only of slavery but also of traffic in women or children or the crippled, for immoral or other purposes.

In this regard, the Bonded Labour System
(abolition) act 1976, Equal Remuneration Act, 1976, Contract labour Act, 1970 and Minimum wages Act, 1948 were made

Freedom of conscience and free profession, practice and propagation of religion
(1) Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion

(2) Nothing in this article shall affect the operation of any existing law or prevent
the State from making any law

(a) Regulating or restricting any economic, financial, political or other secular activity
which may be associated with religious practice;
(b) Providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus

Explanation I The wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion
Explanation II In sub clause (b) of clause reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly

the difference between are:
1. The Writ Jurisdiction of Supreme Court is mentioned under Article 32 of the Indian Constitution, while the Writ Jurisdiction of High Courts is mentioned under Article 226 of the Indian Constitution.

2. The High Courts have wider powers as compare to Supreme Court in issuing writs.

3. The Supreme Court can issue writ only in case of violation of any of the fundamental rights contained in Part-III of the constitution, while the High Courts can issue writs not only in case of violation of fundamental rights but also in case of violation of any legal rights of the citizens provided that a writ is a proper remedy in such cases, according to well-established principles.

4. Article 32 of the Constitution of India imposes on the Supreme Court a duty to issue the writs, whereas no such duty is imposed on the High Courts by Art-226.

5. The jurisdiction of the Supreme Court extends all over the country, whereas that of the High Courts only to the territorial confines of the particular state and the Union Territory to which its jurisdiction extends.

Article 27: No person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination.
This means that the taxes can be used for the promotion or maintenance of all religions.
The provision prohibits only levy of taxes and not a fee. This is because the purpose of a fee is to control secular administration of religious institutions and not to promote or maintain religion.

It means that a law that is duly enacted by
legislature or the concerned body is valid if it hasfollowed the correct procedure. Following thisdoctrine means that, a person can be deprived of his life or personal liberty according to the procedure established by law. So, if Parliament pass a law, then the life or personal liberty of a person can be taken off according to the provisions and procedures of the that law.This doctrine has a major flaw. It does not seekwhether the laws made by Parliament is fair, justand not arbitrary. “Procedure established by law”means a law duly enacted is valid even if it’s contrary to principles of justice and equity. Strictly following procedure established by law may raise the risk of compromise to life andpersonal liberty of individuals due to unjust lawsmade by the law making authorities. It is to avoidthis situation, SC stressed the importance of dueprocess of law.

All of the above statements are correct.

The Armed Forces Tribunal (AFT) is a quasi-judicial body in India that was established through the Armed Forces Tribunal Act, 2007. The act was passed by the Parliament of India to provide an independent and impartial forum for the adjudication of disputes and complaints related to the conditions of service of members of the Indian armed forces.

Statement 1 is correct as the Armed Forces Tribunal was constituted through a legislation passed by the Parliament of India.

Statement 2 is correct as the AFT has appellate jurisdiction in matters related to service, including promotions, appointments, and disciplinary actions against military personnel.

Statement 3 is correct as the AFT has original jurisdiction in matters related to court-martial proceedings, including appeals against court-martial verdicts.

Therefore, all three statements are correct.

go through the act

Salient features Part IXB It makes Right to form cooperatives is a fundamental right.
Reservation of one seat for SC/ST and two seats for women on the board of every co-operative society. Cooperatives could set up agency which would oversee election Uniformity in the tenure of Cooperative Board of
Directors.
Provisions for incorporation, regulation and
winding up of co-operative societies based on the principles of democratic process and specifying the maximum number of directors as twenty-one. Providing for a fixed term of five years from the date of election in respect of the elected members of the board and its office bearers;
Providing for a maximum time limit of six months during which a board of directors of co-operative society could be kept under suspension;
Providing for independent professional audit;
Providing for right of information to the members of the co-operative societies;
Empowering the State Governments to obtain periodic reports of activities and accounts of cooperative societies; which have individuals as members from such categories; Providing for offences relating to co-operative societies and penalties in respect of such offences

As per Swaran Singh committee including
duty to pay taxes should have been a
fundamental duty as well as fundamental right, but it was not agreed upon.
As per the Direct taxation laws; income and other kind of taxes are a legal obligation for an Indian citizen as he uses public service, receives social and political security etc.

It shall be the duty of every citizen of India:
1. To abide by the Constitution and respect
its ideas and institutions, the National Flag and the National Anthem;
2. To cherish and follow the noble ideals
which inspired our national struggle for
freedom;
3. To uphold and protect the sovereignty,
unity and integrity of India;
4. To defend the country and render national
service when called upon to do so;
5. To promote harmony and spirit of common brotherhood among all the people of India, transcending religious, linguistic, regional or sectional diversities, to renounce practices derogatory to the dignity of women;

6. To value and preserve the rich heritage of
our composite culture;
7. To protect and improve the natural
environment including forests, lakes, river,
and wildlife and to have compassion for
living creatures;
8. To develop the scientific temper, humanism and spirit of inquiry and reform;
9. To safeguard public property and to abjure violence;
10. To strive towards excellence in all spheres of individual and collective activities so that the nation constantly rises to higher levels of endeavor and achievement;
11. To provide opportunities for education to
his child or, as the case may be, ward between age of 6 and 14 years;

An amendment of the Constitution can be
initiated only by the introduction of a Bill in
either House of Parliament. The Bill must then be passed in each House by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting. There is no provision for a joint sitting in case of disagreement between the two Houses. The Bill, passed by the required majority, is then presented to the President who shall give his assent to the Bill. If the amendment seeks to make any change in any of the provisions mentioned in the proviso to article 368

There are certain provisions which require
simple majority for amendments. They can be amended by the ordinary law making process.
They include
(a) Formation of new states and alteration of
areas, boundaries or names of existing
ones
(b) Creation or abolition of Legislative Councils in the states
(c) Administration and control of scheduled
areas and scheduled Tribes
(d) The salaries and allowances of the Supreme Court and High Court Judges
(e) Laws regarding citizenship etc.
It is significant that the laws passed by
Parliament to change the above provisions would not be deemed to be amendments of the Constitution for the purpose of Article 368.

Cabinet collective responsibility is related to
the fact that, if a vote of no confidence is passed in Lok Sabha (not Parliament), the government is responsible collectively, and thus the entire government resigns. The consequence will be that a new government will be formed, or parliament will dissolve and a general election will be called. Cabinet collective responsibility is not the same as individual ministerial responsibility, which states that ministers are responsible and therefore culpable for the running of their departments.

There are two ways in which the Lok Sabha can be dissolved. First, when the leader of the majority (the ruling party) dissolves the Lok Sabha. While in this situation, the prerogative and timing is that of the leader of the majority, he has to dissolve the Lok Sabha if his five-year term is up. Second, when the leader of the majority -- also known as the Treasury benches -- loses his majority in the Lok Sabha. Then, the prerogative passes to the President, who can ask another leader to prove his majority in the Lok Sabha or dissolve the Lok Sabha, and call for elections.

apart from the non-statutory instructions
issued by the government time to time, display of national flag is governed by Emblems and Names (prevention of improper use) act 1950, and Prevention of Insults to National Honor act 1971,
Flag code of India 2002.

53. Executive power of the Union
(1) The executive power of the Union shall be vested in the President and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution.
Article 75(3)- The Council of Ministers shall be collectively responsible to the House of the People.

Under Article 352, the President can
declare a national emergency when the security of India or a part of it is threatened by war or external aggression or armed rebellion. It may be noted that the president can declare a national emergency even before the actual occurrence of war or external aggression or armed rebellion, if he is satisfied that there is an imminent danger.
A proclamation of national emergency may be applicable to the entire country or only a part of it. The 42nd Amendment Act of 1976 enabled the president to limit the operation of a National Emergency to a specified part of India

VII schedule refers to division of legislative
subject between Centre and States : economic and social planning. Part IX refers to panchayats which are responsible for local planning.
Sixth schedule- It was created to ensure that the rights of tribals who are minorities within a state or geographical area populated by a dominant non-tribal population are not subsumed within the rights framework of the latter. It gives them the right to manage and redistribute their own resources and plan for economic activities through several structures.

 The Vice President shall act as President in
the absence of the President due to death,
resignation, impeachment, or other situations.
The Vice President of India is also ex
officio Chairperson of the Rajya Sabha. He ceases to perform as Chairman of Rajya Sabha while acting as President.

Election of Vice President
Article 66(1) The Vice President shall be elected by the members of an electoral college consisting of the members of both Houses of Parliament in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot

The representatives of the States and of the
Union Territories in the Rajya Sabha are elected by the method of indirect election. The representatives of each State and two Union territories are elected by the elected members of the Legislative Assembly of that State and by the members of the Electoral College for that Union Territory, as the case may be, in accordance with the system of proportional representation by means of the single transferable vote. The Electoral College for the National Capital Territory
of Delhi consists of the elected members of the Legislative Assembly of Delhi, and that for Puducherry consists of the elected members of
the Puducherry Legislative Assembly.
Rajya Sabha is a permanent House and is not
subject to dissolution. However, one-third
Members of Rajya Sabha retire after every second year. A member who is elected for a full term serves for a period of six years. The election held to fill a vacancy arising otherwise than by retirement of a member on the expiration of his term of office is called ‘Bye-election’. A member elected in a bye-election remains member for the remainder of the term of the member who had resigned or died or disqualified to be member of the House under the Tenth Schedule.

In case of over-lapping of a matter between
the three Lists, predominance has been given to the Union Legislature, as under the Government
of India Act, 1935. Thus, the power of the State Legislature to legislate with respect to matters enumerated in the State List has been made subject to the power of the Union Parliament to legislate in respect of matters enumerated in the Union and Concurrent Lists, and the entries in
the State List have to be interpreted accordingly. In the Concurrent sphere, in case of repugnancy between a Union and a State law relating to the same subject, the former prevails. If however, the State law was reserved for the assent of the President and has received such assent, the State
law may prevail notwithstanding such
repugnance. But it would still be competent for Parliament to override such State law by
subsequent legislation.

The constitution gives the states power to
frame laws on all the subjects included in the state list. But the central government has the authority to interfere even in these powers of states under special circumstances.
At the Resolution of Rajya Sabha –
The Union Parliament will be authorized to pass a law on a subject of state list about which the Rajya Sabha passes a resolution with 2/3rds majority of the members present and voting saying that subject has attained national importance. Such a resolution of the Rajya Sabha
will give the Parliament the Legislative power for one year at a time. The power may be extended yearly till the need is felt.