Test: Polity - 4 - UPSC MCQ

The independence of judiciary means that;

• The organs of the government like the executive and legislature must not restrain the functioning of the judiciary in such a way that it is unable to do justice.

• The Judges must be able to perform their functions without fear or favour. Hence, Statement 1 is correct.

• The other organs of the government should not interfere with the decision of the judiciary. Hence, Statement 2 is correct.

• Independence of the judiciary does not imply arbitrariness or absence of accountability. Hence, Statement 3 is incorrect.

Judiciary is a part of the democratic political structure of the country. It is therefore accountable to the Constitution, to the democratic traditions and to the people of the country.

The features of the Indian Constitution borrowed from the British Constitution are Parliamentary government, Rule of Law, legislative procedure, single citizenship, cabinet system, prerogative writs, parliamentary privileges and bicameralism.

Statement 1 is correct. Federalism is an institutional mechanism to accommodate two sets of polities—one at the regional level and the other at the national level. Each government is autonomous in its own sphere. In some federal countries, there is even a system of dual citizenship. India has only a single citizenship.

Statement 2 is correct. To prevent conflicts between the Centre and the State, there is an independent judiciary to settle disputes. The judiciary has the powers to resolve disputes between the central government and the States on legal matters about the division of power.

Statement 1 is correct. The Governor has certain powers to recommend dismissal of the State government and the dissolution of the Assembly. Besides, even in normal circumstances, the Governor has the power to reserve a bill passed by the State legislature, for the assent of the President. This gives the central government an opportunity to delay the State legislation and also to examine such bills and veto them completely.

Statement 2 is correct. The President’s proclamation has to be ratified by the Parliament. President’s rule can be extended till three years beyond which a Constitutional Amendment is needed for the emergency to continue.

Federal Government means establishing dual government with clear separation of power. However in India a strong centre is provided by giving more sets of power to the centre as compared to the states.

Statement 1 is correct. The Parliament is empowered to ‘form a new State by separation of territory from any State or by uniting two or more States’. It can also alter the boundary of any State or even its name. The Constitution provides for some safeguards by way of securing the view of the concerned State legislature.

Statement 2 is correct. The Constitution has certain very powerful emergency provisions, which can turn our federal polity into a highly centralized system once emergency is declared. During an emergency, power becomes lawfully centralized. Parliament also assumes the power to make laws on subjects within the jurisdiction of the States.

Statement 3 is correct. Even during normal circumstances, the central government has very effective financial powers and responsibilities. In the first place, items generating revenue are under the control of the central government. Thus, the central government has many revenue sources and the States are mostly dependent on the grants and financial assistance from the centre.

Statement 2 is correct. To move such a resolution, a 14 days’ notice is to be given. Such a resolution, though passed by the Rajya Sabha only must be agreeable to the Lok Sabha. Unlike the President, there is no process of impeachment of the Vice President. Vice President is removed by a resolution passed by Rajya Sabha by effective majority (i.e. majority of all the then members of Rajya Sabha) and agreed by a simple majority in the

Lok Sabha.

The offence of contempt of court is committed when a person either disobeys a court order (civil contempt), or when a person says or does anything that scandalizes, prejudices, or interferes with judicial proceedings and the administration of justice (criminal contempt).

Statement 2 is incorrect. The judiciary is not financially dependent on either the executive or legislature. The Constitution provides that the salaries and allowances of the judges are not subjected to the approval of the legislature.

Statement 1 is correct. The Delimitation Commission decides the basis on which constituencies are reserved for SC and ST candidates as well as declares which of the constituencies would be reserved.

A quota of constituencies to be reserved in each State is fixed depending on the proportion of SC or ST in that State. After drawing the boundaries, the Delimitation Commission looks at the composition of population in each constituency. Those constituencies that have the highest proportion of Scheduled Tribe population are reserved for ST. In the case of Scheduled Castes, the Delimitation Commission looks at two things. It picks constituencies that have higher proportion of Scheduled Caste population. But it also spreads these constituencies in different regions of the State. This is done because the Scheduled Caste population is generally spread evenly throughout the country. These reserved constituencies can be rotated each time the

Delimitation exercise is undertaken Statements 2 and 3 are correct. The Delimitation Commission is appointed by the President of India and works in collaboration with the Election Commission of India. It is appointed for the purpose of drawing up the boundaries of constituencies all over the country.

Statement 2 is correct. Till 1989, the voting age was 21 years. The Constitution (Sixty first Amendment) Act, 1988, lowered the voting age of elections to the Lok Sabha and to the Legislative Assemblies of States from 21 years to 18 years.

India has moved up by six slots to improve its position and rank 61st as per the Network

Readiness Index 2022 (NRI 2022). Hence, statement 1 is not correct.

This report was prepared by a US-based Portulans Institute, an independent non-profit

research and educational institute.

India leads in several indicators of the Network Readiness Index (NRI) 2022:

India secured

• 1st rank in “AI talent concentration”. Hence, statement 2 is correct.

• 2nd rank in “Mobile broadband internet traffic within the country” and “International Internet bandwidth”.

• 3rd rank in “Annual investment in telecommunication services” and “Domestic market Size”

• 4th rank in “ICT Services exports”.

• 5th rank in “FTTH/Building Internet subscriptions” and “AI scientific publications”

Statement 2 is correct. The Chief Election Commissioner (CEC) presides over the Election Commission, but does not have more powers than the other Election Commissioners. The CEC and the two Election Commissioners have equal powers to take all decisions relating to elections as a collective body.

Statement 3 is incorrect. The Constitution ensures the security of the tenure of the CEC and Election Commissioners. They are appointed for a six-year term or continue till the age of 65, whichever is earlier.

Statement 2 is incorrect. Any member of the Parliament can be appointed to the Council of Ministers, irrespective of whether they are nominated or elected to the Parliament.

Statement 3 is correct. Constitution has put a limit on the size of the Council of Ministers to 15% of the strength of the House of the People via 91st Constitutional Amendment Act, 2003. Before the 91st Amendment Act (2003), the size of the Council of Ministers was determined according to exigencies of time and requirements of the situation.

Statement 2 is correct. Prime Minister has to either be a Member of Parliament (i.e. either Lok Sabha or Rajya Sabha) at the time of his appointment or become one within six months from his appointment. He does not have to be a member of Lok Sabha only.

administrative officers cannot act in violation of the policies adopted by the legislature. It is the responsibility of the ministers to retain political control over the administration.

Statement 2 is incorrect. Administrative machinery in India comprises of Permanent Executive. It is not composed of the Political appointees of the government in power. India has established professional administrative machinery. At the same time, this machinery is made politically accountable. The bureaucracy is also expected to be politically neutral. This means that the bureaucracy will not take any political position on policy matters.

Statement 3 is incorrect. Other than the civil servants belonging to the State services, All India Services officers like IAS, IPS and IFS work under the supervision of the State governments but they can be removed only by the Central government.

An IAS or IPS officer is assigned to a particular State, where he or she works under the supervision of the State government. However, the IAS or IPS officers are appointed by the central government, they can go back into the service of the central government and most importantly, only the central government can take disciplinary action against them. This means that the key administrative officers of the States are under the supervision and control of the central government.

According to article 311, no person who is a member of a civil service of the Union or an all-India service or a civil service of a State or holds a civil post under the Union or a State shall be dismissed or removed by an authority subordinate to that by which he was appointed.

All States now have a uniform three tier Panchayati Raj structure:

At the base is the ‘Gram Panchayat‘. A Gram Panchayat covers a village or group of villages.

Option a is incorrect. The intermediary level is the Mandal (also referred to as Block or Taluka). These bodies are called Mandal or Taluka Panchayats. The intermediary level body need not be constituted in smaller States.

Option b is correct. At the apex is the Zilla Panchayat covering the entire rural area of the District.

Option c is correct. The amendment also made a provision for the mandatory creation of the Gram Sabha. The Gram Sabha would comprise of all the adult members registered as voters in the Panchayat area. Its role and functions are decided by State legislation.

Option d is correct. The term of each Panchayat body is five years. If the State government dissolves the Panchayat before the end of its five year term, fresh elections must be held within six months of such dissolution. This is an important provision that ensures the existence of elected local bodies. Before the 73rd amendment, in many States, there used to be indirect elections to the district bodies and there was no provision for immediate elections after dissolution.

Statement 1 is correct. The Constitution clearly demarcates subjects, which are under the exclusive domain of the Union and those under the States. If there is any dispute about which powers come under the control of the union and which under the States, this can be resolved by the Judiciary on the basis of the constitutional provisions.

Statement 2 is correct. One of the important aspects of this division of powers is that economic and financial powers are centralized in the hands of the central government by the Constitution. The States have immense responsibilities but very meager revenue sources.

Statement 2 is incorrect. The office of the State Election Commissioner is autonomous like the Election Commission of India. It is an independent office and is not linked to nor is this office under the control of the Election Commission of India.

1. Supremacy of the Constitution.

2. Rule of law.

3. The principle of Separation of Powers.

4. The objectives specified in the Preamble to the Constitution.

5. Judicial Review.

6. Articles 32 and 226.

7. Federalism (including financial liberty of states under Articles 282 and 293)

8. Secularism.

9. The Sovereign, Democratic, Republican structure.

10. Freedom and dignity of the individual.

11. Unity and integrity of the Nation.

12. The principle of equality, not every feature of equality, but the quintessence of equal justice.

13. The "essence" of other Fundamental Rights in Part III.

14. The concept of social and economic justice — to build a Welfare State: Part IV.

15. The balance between Fundamental Rights and Directive Principles.

16. The Parliamentary system of government.

17. The principle of free and fair elections.

18. Limitations upon the amending power conferred by Article 368.

19. Independence of the Judiciary.

20. Effective access to justice.

21. Powers of the Supreme Court under Articles 32, 136, 141, 142.

22. Legislation seeking to nullify the awards made in exercise of the judicial power of the State.

23. By Arbitration Tribunals constituted under an Act.

24. Welfare state.

Statement 2 is correct. Article 20 provides for - No double jeopardy that is no person shall be prosecuted and punished for the same offense more than once. The protection against double jeopardy is available only in proceedings before a court of law or a judicial tribunal. In other words, it is not available in proceedings before departmental or administrative authorities as they are not of judicial nature.

A. Special majority as per article 61 requires a majority of 2/3rd members of the total strength of the house.

B. Special majority as per Article 249 requires a majority of 2/3rd members present and voting.

C. Special majority as per Article 368 requires a majority of 2/3rd members present and voting supported by over 50% of the total strength of each House.

D. Special majority as per Article 368 + ratification by the Legislatures of half the states by simple majority.

Statement 1 is correct. Special majority as per article 61 is required for the impeachment of the President of India.

Statement 2 is correct. Special majority as per article 368 is used in the removal of judges of Supreme Court or High Court.

Statement 3 is incorrect. To declare a financial emergency: - It requires a Simple Majority of the Parliament, (the majority of more than 50% of the members present and voting).

President is also part of the Parliament. The President of India is an integral part of the Union Parliament.

The Indian Parliament comprises of President, Lok Sabha and Rajya Sabha.

The President in his role as head of legislature has full powers to summon and prorogue either house of Parliament or to dissolve Lok Sabha.

Statement 2 is correct. The President can be removed from office only by Parliament by following the procedure for impeachment. This procedure requires a special majority. The only ground for impeachment is violation of the Constitution.

Statement 3 is incorrect. Constitutionally, the President has a right to be informed of all important matters and deliberations of the Council of Ministers. The Prime Minister is obliged to furnish all the information that the President may call for. The President often writes to the Prime Minister and expresses his views on matters confronting the country.

Besides this, there are at least three situations where the President can exercise the powers using his or her own discretion.

• The President can send back the advice given by the Council of Ministers and ask the Council to reconsider the decision. In doing this, the President acts on his (or her) own discretion.

• Pocket Veto - The President has veto power by which he can withhold or refuse to give assent to Bills (other than Money Bill) passed by the Parliament.

  There is no mention in the Constitution about the time limit within which the President must send the bill back for reconsideration. This means that the President can just keep the bill pending with him without any time limit. This gives the President an informal power to use the veto in a very effective manner. This is sometimes referred to as ‘pocket veto’.

• Appointment of the PM during hung assembly.

The National Crime Records Bureau (NCRB) is a government agency in India that functions as a repository of information on crime and criminals. It was created in 1986 by the Ministry of Home Affairs and is responsible for collecting and analyzing crime data as well as publishing reports on crime statistics.

However, the first statement is incorrect. The NCRB is not a statutory organization under the Ministry of Personnel, Public Grievances and Pensions. Instead, it operates under the Ministry of Home Affairs, which is responsible for maintaining law and order in India.

Statement 2 is correct. During India’s freedom movement, Mahatma Gandhi had strongly pleaded for decentralization of economic and political power. He believed that strengthening village panchayats was a means of effective decentralization. All development initiatives must have local involvement in order to be successful. Panchayats therefore were looked upon as instruments of decentralisation and participatory democracy.

Statement 2 is correct.

Directive Principles lists mainly three things:

• the goals and objectives that we as a society should adopt;

• certain rights that individuals should enjoy apart from the Fundamental Rights; and

• certain policies that the government should adopt.

Directive principles of State policy are Non-justiciable rights.

Difference between Justiciable and Non-Justiciable Rights–

Justiciable rights are those rights which can be enforced by the courts, such as the Fundamental Rights, constitutional rights (like Right to Property) and other legal rights.

Non-justiciable rights are those rights that cannot be enforced by the courts and hence a citizen cannot approach the court for their enforcement. These are certain rights that find mention in the Directive principles of State policy, directing the State to ensure that these are made available to the citizens through government policy.

Statement 3 is incorrect. While Fundamental Rights are justiciable in nature, there are certain other rights provided in the Indian Constitution which are also justiciable in nature. Such rights are referred to as constitutional rights. For instance, Article 300-A of the Indian Constitution provides for Right to property.

Similarly, Article 326 of the Constitution guarantees the right to vote to every citizen above the age of 18.

Part III of the Constitution: Fundamental Rights

1. Right to Equality

Equality before law

• Equal protection of laws Prohibition of discrimination on the grounds of religion, race, caste, sex or place of birth

• Equal access to shops, hotels, wells, tanks, bathing ghats, roads, etc.

• Equality of opportunity in public employment

• Abolition of Untouchability

• Abolition of titles

2. Right to Freedom Protection of Right to

• Freedom of speech and expression;

• Assemble peacefully;

• Form associations/ unions;

• Move freely throughout the territory of India;

• Reside and settle in any part of India;

• Practice any profession, or to carry on any occupation, trade or business.

• Protection in respect of conviction for offences

• Right to life and personal liberty

• Right to education

• Protection against arrest and detention in certain cases

3. Right against Exploitation

• Prohibition of traffic in human beings and forced labor

• Prohibition of employment of children in hazardous jobs

4. Right to Freedom of Religion

• Freedom of conscience and free profession, practice and

• propagation of religion

• Freedom to manage religious affairs

• Freedom to pay taxes for promotion of any particular religion

• Freedom to attend religious instruction or worship in certain educational institutions

5. Cultural and Educational Rights

• Protection of language, culture of minorities

• Right of minorities to establish educational institutions

6. Right to Constitutional Remedies

• Right to move the courts to issue directions/ orders/ writs for enforcement of rights

Article 19 – Protection of certain rights regarding freedom of speech etc

All citizens shall have the right

(a) to freedom of speech and expression;

(b) to assemble peaceably and without arms;

(c) to form associations or unions;

(d) to move freely throughout the territory of India;

(e) to reside and settle in any part of the territory of India; and

(f) omitted

(g) to practise any profession, or to carry on any occupation, trade or business

Statement 2 is incorrect. It is Article 20 which provide certain rights with relation to conviction-

Article 20 – Protection in respect of conviction for offences

• No person shall be convicted of any offence except for violation of the law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence

• No person shall be prosecuted and punished for the same offence more than once

• No person accused of any offence shall be compelled to be a witness against himself

Article 22 – Protection against arrest and detention in certain cases

• No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice

• Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate.

Statement 2 is correct. Legal provisions and institutional arrangements depend upon the needs of the society and the philosophy adopted by the society. The Constitution gives expression to this philosophy. The institutional arrangements are based on a core and commonly agreed vision. That vision has historically emerged through our struggle for independence. The Constituent Assembly was the platform on which this vision was stated, refined and articulated in legal-institutional form. Thus, the Constitution becomes the

embodiment of this vision. Many people have said that the best summary of this vision or the philosophy of the Constitution is to be found in the preamble to our Constitution.

Statement 3 is correct. A constitution provides peaceful, democratic means to bring about social transformation. Moreover, for a hitherto colonized people, constitutions announce and embody the first real exercise of political self-determination.

The ‘basic structure’ doctrine is the invention of the Judiciary. It was propounded by the Indian Judiciary on 24th April 1973 in Keshavananda Bharati case.

The basic structure doctrine is an Indian judicial principle, most notably propounded by Justice Hans Raj Khanna, that the Constitution of India has certain basic features that cannot be altered or destroyed through amendments by the Parliament of India.

During the controversy between the Judiciary and the Parliament, the Parliament thought that it had the power and responsibility to make laws (and amendments) for furthering the interests of the poor, backward and the needy.

The Judiciary insisted that all this has to take place within the framework provided by the Constitution and pro-people measures should not bypass legal procedures, because, once you bypass laws even with good intentions, that can give an excuse to the power holders to use their power arbitrarily. And democracy is as much about checks on arbitrary use of power as it is about the well-being of the people.

Statement 1 is correct. Hyderabad, the largest of the Princely States was surrounded entirely by Indian territory. Some parts of the old Hyderabad state are today parts of Maharashtra, Karnataka and Andhra Pradesh.

Statement 2 is correct. Operation Polo was the code name of the Hyderabad "police action" in September 1948, by the then newly independent Dominion of India against Hyderabad State. It was a military operation in which the Indian Armed Forces invaded the Nizam-ruled princely state, annexing it into the Indian Union.

Statement 3 is incorrect. Manipur was the first part of India to hold an election based on universal adult franchise.