Practice Test: Polity- 1 - UPSC MCQ

Key Points

• The Constituent Assembly first met as the Legislative body on 9th December 1946.
• The first meeting was held in the constitution hall (now the Central Hall of Parliament House).
• When the Constituent Assembly met as the Legislative body Sachchidananda Sinha presided over it (Temporarily).
• Hence statement c is not correct.
• The Constituent Assembly was made a fully sovereign body.
• The Constituent Assembly became the first Parliament of free India.
• Since the representatives of the areas incorporated into Pakistan ceased to be members of the Constituent Assembly of India
• The total strength of the Constituent Assembly came down to 299 as against 389.

Hence statement a, b and d are correct.

Key Points

• The American Constitution was the first to incorporate a Preamble.
  • So, the term and idea of the Preamble were borrowed from the Constitution of the United States of America.
  • The ideals of Liberty, Equality and Fraternity are borrowed from the French Constitution.
  • But, the language of the Preamble is borrowed from the Constitution of Australia.

The Correct Answer is option (b) 2 and 3 Only.

• The writ of prohibition is not available against administrative authorities and legislative bodies.
• It is primarily used to control or restrain judicial or quasi-judicial authorities from exceeding their jurisdiction or acting in excess of their authority. Administrative authorities perform executive functions, and legislative bodies exercise legislative functions, which are outside the scope of the writ of prohibition.
• Therefore, the correct answer is option (b) 2 and 3 Only. The writ of prohibition is not available against administrative authorities and legislative bodies.

The correct answer is option (a) 1 and 2 Only.
The writ of mandamus cannot be issued against a private individual or body, and it cannot be used to enforce departmental instructions that do not possess statutory force.
1. Against a private individual or body: The writ of mandamus is primarily used to compel public officials or bodies to perform their public or statutory duties. It is not applicable to private individuals or bodies as they do not have a statutory duty to perform.
2. To enforce departmental instruction that does not possess statutory force: The writ of mandamus can only be used to enforce a legal duty that is backed by a statute or a legal provision. It cannot be employed to enforce mere departmental instructions that do not have the force of law.
However, statement 3 is incorrect. The writ of mandamus can be issued when the duty in question is mandatory and the petitioner has a legal right to enforce that duty.
Therefore, the correct answer is option (a) 1 and 2 Only. The writ of mandamus cannot be issued against a private individual or body, and it cannot be used to enforce departmental instructions that do not possess statutory force.

• Article 359 authorises the President to suspend the right to constitutional remedies to enforce Fundamental Rights during a National Emergency.
• This means that under Article 359, the Fundamental Rights are not suspended, but only their enforcement. The rights are theoretically alive, but the right to seek remedy is suspended.

The suspension of enforcement relates to only those Fundamental Rights that are specified in the Presidential Order. It does not apply to all fundamental rights. So, R is wrong.

• Dr Rajendra Prasad has served for two terms (1950-1962), and apart from him, none has served more than once.
• Statement 2: So far, two Presidents, Dr Zakir Hussain and Fakhruddin Ali Ahmed, have died during their term of office.
• For example, when President Dr Zakir Hussain died in May 1969, the then Vice- President, V.V. Giri was acting as the President.
• Soon after V.V. Giri resigned to contest the President's election, then, the Chief Justice of India, M. Hidayatullah worked as the officiating President.

CABINET COMMITTEES

​The following are the features of Cabinet Committees:

• They are extra-constitutional in emergence. In other words, they are not mentioned in the Constitution. Hence, statement 1 is correct.
  • However, the Rules of Business provide for their establishment.
• They are of two types–standing and ad hoc.
  • The former is of a permanent nature while the latter is of a temporary nature.
  • The ad hoc committees are constituted from time to time to deal with special problems. They are disbanded after their task is completed.

They are set up by the Prime Minister according to the exigencies of the time and requirements of the situation. Hence, statement 2 is correct.

Hence, their number, nomenclature, and composition vary from time to time.

• Their membership varies from three to eight.
  • They usually include only Cabinet Ministers.
  • However, the non-cabinet Ministers are not debarred from their membership.
  • They not only include the Ministers in charge of subjects covered by them but also include other senior Ministers
• They are mostly headed by the Prime Minister. Some times other Cabinet Ministers, particularly the Home Minister or the Finance Minister, also acts as their Chairman.
  • But, in case the Prime Minister is a member of a committee, he invariably presides over it.
• They not only sort out issues and formulate proposals for the consideration of the Cabinet but also take decisions.
  • However, the Cabinet can review their decisions. Hence, statement 3 is NOT correct.
• They are an organisational device to reduce the enormous workload of the Cabinet.
• They also facilitate in-depth examination of policy issues and effective coordination.
• They are based on the principles of division of labour and effective delegation.

• Article 74 provides for a council of ministers with the prime minister to aid and advise the President in the exercise of his functions. The 42nd and 44th Constitutional Amendment Acts have made the advice binding on the President.
• Further, the nature of advice tendered by ministers to the President cannot be enquired by any court. This provision emphasises the intimate and confidential relationship between the President and the ministers.
• In 1971, the Supreme Court held that 'even after the Lok Sabha's dissolution, the council of ministers does not cease to hold office'.
• Article 74 is mandatory and, therefore, the president cannot exercise the executive power without the aid and advise of the council of ministers.
• Any executive power exercise without the aid and advice will be unconstitutional as being violative of Article 74.
• In 1974, the court held that 'wherever the Constitution requires the President's satisfaction, the satisfaction is not the President's personal satisfaction, but it is the satisfaction of the council of ministers with whose aid and on whose advice the President exercises his powers and functions'.

Supreme Court will review Sabarimala judgment and a review plea is set to be moved over Ayodhya verdict too. About: Article 137 of the Constitution gives the Supreme Court the power to review any of its judgments or orders. The court has the power to review its rulings to correct a “patent error” and not “minor mistakes of inconsequential import”. Grounds for review petition: In a 2013 ruling, the Supreme Court itself laid down three grounds for seeking a review of a verdict it has delivered — the discovery of new and important matter or evidence which was not within the knowledge of the petitioner or could not be produced by him; mistake or error apparent on the face of the record; or any other sufficient reason which means a reason that is analogous to the other two grounds. Who can file a review petition? It is not necessary that only parties to a case can seek a review of the judgment on it. Any person aggrieved by a ruling can seek a review. Time frame: As per 1996 rules framed by the Supreme Court, a review petition must be filed within 30 days of the date of judgment or order. While a judgment is a final decision in a case, an order is an interim ruling that is subject to its final verdict.

• This means that if a dispute arises regarding the meaning of specific provisions of the constitution, the court gives the final version of the meaning of those specific provisions, for example, the Right to Life under Article 21 of the constitution. 
• It is the power of judicial review. Under judicial review powers, the judiciary can strike down laws, administrative acts, and even constitutional amendments if they violate the constitution or the constitution's basic premises.

• Freedom of Religion is a Fundamental Right provided under Articles 25-28 of the Constitution. Freedom of religion also includes the freedom of conscience. This means that a person may choose any religion or may choose not to follow any religion. Hence, statement 1 is correct.
• Freedom of Religion includes the right to not just practice one’s religion but also to propagate it. This includes persuading people to join one’s religion and willful conversion from one religion to another. The Constitution bars forceful conversions and conversions done by inducements. Hence, statement 2 is not correct.
• Freedom of Religion is available to not just Indian citizens but also to foreign nationals residing within Indian territory. Hence, statement 3 is not correct.

The oath of office to the governor is administered by the chief justice of the concerned state high court and in his absence, the senior-most judge of that court available.

The salary and allowances of the chief minister are determined by the state legislature.
As long as the CM enjoys the majority support in the legislative assembly, he cannot be dismissed by the Governor. However, if he loses the confidence of the legislative assembly, he must resign or the Governor can dismiss him.

Article No. 163 - Council of Ministers to aid and advise Governor Article 164 - Other provisions as to Ministers Article 166 - Conduct of business of the Government of a State Article 167 - Duties of Chief Minister
So, correct answer is Option C.

• Members are now elected or nominated for six years and one-third of them retire on the expiration of every second year, so a member continues as such for six years. The vacant seats are filled up by fresh elections and nominations (by Governor) at the beginning of every third year.
• The retiring members are also eligible for re-election and re-nomination any number of times. The Presiding Officers of Vidhan Parishad are Chairman and Deputy Chairman.

The High Court has this power over all courts and tribunals except those dealing with the armed forces functioning in the state. Hence in the exercise of this power it may –

• Call for return from such courts
• May issue general rules and prescribe forms for regulating the practice and proceedings of such courts
• Prescribe the form in which books and accounts are being kept by the officers of any court
• Settle fees payable to the sheriff clerks, officers and legal practitioners

At the lowest level, on the civil side, is the Court of Munsiff and on the criminal side, is the Court of Judicial Magistrate. The munsiff possess limited jurisdiction and decides civil cases of small pecuniary stake". The judicial magistrate tries criminal cases which are punishable with imprisonment for a term up to three years.

The High Court of Jammu and Kashmir will be the common High Court for the Union Territories of Ladakh, and Jammu and Kashmir. Further, the Union Territory of Jammu and Kashmir will have an Advocate General to provide legal advice to the government of the Union Territory.

• The Constitution divided the powers between the Centre and the states in terms of the Union List, State List and Concurrent List in the Seventh Schedule.
• The Union List consists of 98 subjects (originally 97), the State List 59 subjects (originally 66) and the Concurrent List 52 subjects (originally 47).
• Both the Centre and the states can make laws on the subjects of the concurrent list, but in case of a conflict, the Central law prevails. The residuary subjects (ie, which are not mentioned in any of the three lists) are given to the Centre.

• Article 360 empowers the president to proclaim a FinancialEmergency if he is satisfied that a situation has arisen due to which the financial stability or credit of India or any part of its territory is threatened.
• The consequences of the proclamation of a Financial Emergency are as follows:
  • The executive authority of the Centre extends to the giving of  directions to any state to observe such canons of financial propriety as may be specified in the directions, and  such other directions to any state as the President may deem necessary and adequate for the purpose. o Any such direction may include a provision requiring  the reduction of salaries and allowances of all or any class of persons serving in the state; and  the reservation of all money bills or other financial bills for the consideration of the President after they are passed by the legislature of the state. Hence statement 2 is correct. o The President may issue directions for the reduction of salaries and allowances of  all or any class of persons serving the Union; and the judges of the Supreme Court and the high court. Hence statement 3 is correct. o Thus, during the operation of a financial emergency, the Centre acquires full control over the states in financial matters. Hence statement 1 is correct.

Article 21 declares that no person shall be deprived of his life or personal liberty except according to the procedure established by law. This right is available to both citizens and non-citizens. The rights that are assured under this Article are,

• The Right to die with dignity (Allowed Passive Euthanasia under certain conditions but not Active Euthanasia but it does not include the Right to die)
• Right to freedom from noise pollution
• Right to appropriate Life Insurance Policy - (LIC of India Vs Consumer Education and Research Centre and others Case)
• Right to travel abroad
• Fair and speedy trial in investigations
• Right against Custodial Violence – (Rajjammal vs State of Tamil Nadu)
• Right of the Victim not to undergo Narco analysis test – (Sher Singh Vs State of Punjab Case)
• Ban on Khap panchayats – (Arumugam Servai Vs State of Tamil Nadu case)
• Right to Information

So, Option (d) is correct
 

• The procedure for the amendment of the Constitution as laid down in Article 368 is as follows:
  • An amendment of the Constitution can be initiated only by the introduction of a bill for the purpose in either the House of Parliament not in the state legislatures.
  • The bill can be introduced either by a minister or by a private member and does not require prior permission of the president. A nominated member of the Lok sabha can be a minister or a private member. Hence statement 1 is not correct.
  • The bill must be passed in each House by a special majority, that is, a majority of the total membership of the House and a majority of two-thirds of the members of the House present and voting.
  • Each House must pass the bill separately. In case of a disagreement between the two Houses, there is no provision for holding a joint sitting of the two Houses for the purpose of deliberation and passage of the bill.
  • If the bill seeks to amend the federal provisions of the Constitution, it must also be ratified by the legislatures of half of the states by a simple majority, that is, a majority of the members of the House present and voting. Hence statement 2 is not correct.
  • After duly passed by both Houses of Parliament and ratified by the state legislatures, where necessary, the bill is presented to the president for assent.
  • The president must give his assent to the bill. He can neither withhold his assent to the bill nor return the bill for reconsideration of the Parliament.
  • After the president’s assent, the bill becomes an Act (i.e., a constitutional amendment act) and the Constitution stands amended in accordance with the terms of the Act.

• In the nineteenth century struggles for democracy often centered around political equality, freedom and justice. One major demand was the right for every adult citizen to vote. Many European countries that were becoming more democratic did not initially allow all people to vote.
  • In some countries only people owning property had the right to vote. Often women did not have the right to vote. In the United States of America, the blacks all over the country could not exercise the right to vote until 1965.
    • India granted Universal Adult Franchise to its citizens in 1950, when the Constitution of India came into force declaring India a democratic republic. It is provided under the Article 326 of the Indian Constitution.

The 86th Constitutional Amendment Act of 2002, has added the following provisions to the Constitution,

• Fundamental Rights under Article 21 A declares that the State shall provide free and compulsory education to all children of the age of six to fourteen years in such a manner as the State may determine.
• DPSP under Article 45 provides promotion for early childhood care and education for all children until they complete the age of six years.
• Fundamental Duty under Article 51A provide opportunities for education to his child or ward between the age of six and fourteen years. So, Option (a) is correct.

• Statement 1 is not correct: Fundamental rights can be amended by constitution amendment till they do not violate the basic structure of the constitution and thus they are not sacrosanct.
• Statement 2 is correct: are available against the actions of both State and private individuals. Few Rights like Abolition of Untouchability etc are available against private citizens also.
• Statement 3 is correct: These rights limit the power of the Executive and legislature and thus prevent tyranny of the executive and legislature.

• Statement 1 is not correct: Though the word “Secular” was not added to the Preamble initially, the Indian Constitution has been secular from the beginning. It has Freedom of Religion (Art 25-28) and Protection of rights of minorities (Art 29-30) as Fundamental Rights. However, Indian secularism is different from the Western concept of secularism, where religion is treated as a personal matter and there is a strict separation between religion and State. In India, State can regulate economic, political, and secular activities related to religious practices, for example- throwing open Hindu religious institutions to all sections.
• Statement 2 is correct: As per Art 29(2), no citizen can be denied entry into any educational institute maintained by the State only on the grounds of religion, race, caste, or any of them.
• Statement 3 is not correct: The Freedom of Religion is not absolute. The Constitution provides for certain limitations on them. For example, every religious denomination has the right to establish and maintain institutions for religious and charitable purposes. But this is subject to restrictions of public order, morality, and health.

• The role of CAG in the auditing of public corporations is limited. Broadly speaking, his relationship with public corporations falls into the following three categories:
  • Some corporations are audited totally and directly by the CAG, for example, Damodar Valley Corporation, Oil and Natural Gas Commission, and others. Hence option 2 is correct.
  • Some other corporations are audited by private professional auditors who are appointed by the Central Government in consultation with the CAG. If necessary, the CAG can conduct a supplementary audit. Examples are Central Warehousing Corporation, Industrial Finance Corporation, and others.
  • Some other corporations are totally subjected to private audits. In other words, their audit is done exclusively by private professional auditors and the CAG does not come into the picture at all. They submit their annual reports and accounts directly to the Parliament. Examples of such corporations are the Life Insurance Corporation of India, Reserve Bank of India, State Bank of India, Food Corporation of India, and others. Hence options 1, 3, and 4 are not correct.
• The role of the CAG in the auditing of Government companies is also limited. They are audited by private auditors who are appointed by the Government on the advice of the CAG. The CAG can also undertake a supplementary audit or test audit of such Companies.

Option (b) is correct:
A number of provisions in the Constitution can be amended by a simple majority of the two Houses of Parliament outside the scope of Article 368. These provisions include:

• Admission or establishment of new states.
• Formation of new states and alteration of areas, boundaries or names of existing states.
• Abolition or creation of legislative councils in states.
• Second Schedule—emoluments, allowances, privileges and so on of the president, the governors, the Speakers, judges, etc.
• Quorum in Parliament.
• Salaries and allowances of the members of Parliament.
• Rules of procedure in Parliament.
• Privileges of the Parliament, its members and its committees.
• Use of English language in Parliament.
• Number of puisne judges in the Supreme Court.
• Conferment of more jurisdiction on the Supreme Court.
• Use of official language.
• Citizenship—acquisition and termination.
• Elections to Parliament and state legislatures.
• Delimitation of constituencies.
• Union territories.
• Fifth Schedule—administration of scheduled areas and scheduled tribes.
• Sixth Schedule—administration of tribal areas. The following provisions can be amended by Special Majority of Parliament and Consent of States:
• Election of the President and its manner.
• Extent of the executive power of the Union and the states.
• Supreme Court and high courts.
• Distribution of legislative powers between the Union and the states.
• Any of the lists in the Seventh Schedule.
• Representation of states in Parliament.
• Power of Parliament to amend the Constitution and its procedure (Article 368 itself).

Option (a) is correct:

• The Green Energy Corridor Project aims at synchronizing electricity produced from renewable sources, such as solar and wind, with conventional power stations in the grid.
• For evacuation of large-scale renewable energy, Intra State Transmission System (InSTS) project was sanctioned by the Ministry in 2015-16. It is being implemented by eight renewable-rich states of Tamil Nadu, Rajasthan, Karnataka, Andhra Pradesh, Maharashtra, Gujarat, Himachal Pradesh, and Madhya Pradesh.
• The project is being implemented in these states by the respective State Transmission Utilities (STUs). The revised target of the project is to install approx. 9700 ckm transmission lines and substations of a total capacity of approx. 22600 MVA to be completed by December 2020.
• The purpose is to evacuate over 20,000 MW of large-scale renewable power and improvement of the grid in the implementing states. The Central grant is disbursed in two instalments to the STUs: a) 70% advance on the award of contract, and b) balance 30% after successful commissioning and three months of performance testing.

The Directive Principles of State Policy are enumerated in Part IV of the Constitution from Articles 36 to 51. The framers of the Constitution borrowed this idea from the Irish Constitution of 1937.
The provisions under Directive Principles derived their inspiration from many other sources such as

• ‘Instrument of Instructions’ enumerated in the Government of India Act of 1935.
• Gandhian ideology, was inspired from the program of reconstruction enunciated by Gandhi during the national movement.
• Noble ideals inspired the national struggle for freedom.

Hence, option (d) is the correct answer.