Test: UPSC Prelims (Past Year Questions) Polity 2015-20 - 1


30 Questions MCQ Test Indian Polity for UPSC CSE | Test: UPSC Prelims (Past Year Questions) Polity 2015-20 - 1


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QUESTION: 1

A parliamentary system of government is one which (2020)

Solution: This is obvious since people don’t remove the government (option C), it is the Parliament that can remove the government.

QUESTION: 2

Which part of the constitution of India declares the ideals of welfare state? (2020)

Solution: Straightforward.

QUESTION: 3

Consider the following statements

1. The constitution of India defines its basic structure in terms of federalism, secularism, fundamental rights, and democracy

2. The constitution of India provides for the ‘judicial review’ to safeguard the citizen’s liberties and to preserve the ideals on which the constitution is based.

Which of the above-given statements is/are correct? (2020)

Solution: S1: The Supreme Court has defined the Basic structure, not the Constitution, so S1 is wrong.

S2: Straightforward

QUESTION: 4

One common agreement between Gandhism and Marxism is

Solution: Quoting from the source below, “When Marx spoke of the stateless communist society of the future, he did believe that it was a historical necessity and did not, therefore, depend on the ethical goodness of this individual or that, of this class or that. Somewhat similarly, when Gandhi speaks of Rama Rajya, a social order free from political bindings and consisting of self-governing individuals, he was really convinced that this is a destiny which mankind in its quest for perfection has been aiming at all the time.”

QUESTION: 5

In the context of India which one of the following is the characteristic appropriate for Bureaucracy? (2020)

Solution:
QUESTION: 6

The preamble to the constitution of India is (2020)

Solution: It is a part of the Constitution as declared by the SC. It certainly does not have a legal effect independently since it cannot be enforced in a court of law. Although not enforceable in court on its own (option C is wrong), the Preamble states the objects of the Constitution and acts as an aid during the interpretation of Articles when language is found ambiguous. Therefore, it begets some kind of legal effect when read along with the constitution, not independent from it. Option D is more appropriate.

QUESTION: 7

With reference to the provisions contained in part IV of the Constitution of India, Which of the following statements is/are correct?

1. They shall be enforceable by the courts

2. They shall not be enforceable by any courts

3. The principles laid down in this part are to influence the making of laws by the state.

Select the correct answer using the given code below- (2020)

Solution:
QUESTION: 8

Consider the following statements

1. According to Constitution of India, A person who eligible to vote can be made a minister in a state for six months even if he/she is not a member of the legislature of that state

2. According to the representation of people act, 1951, a person convicted of a criminal offense and sentenced to imprisonment for at least five years is permanently disqualified from contesting an election even after his release from prison.

Which of the above-given statements is/are correct? (2020)

Solution: S1: Not quite technically true, since one who is eligible to vote isn’t necessarily eligible to be a Minister (e.g. on grounds of age). But, since UPSC has used the term a voter “can” and not “every voter”, S1 is correct since many voters who meet the eligibility to be a Member of Parliament can be made a Minister.

For e.g. here are few correct and incorrect statements:

Correct: A voter CAN become a minister for six months. CORRECT: A voter eligible to become a Member of Parliament CAN become a minister for six months.

Correct: Every voter that is eligible to become a Member of Parliament CAN become a minister for six months. The first statement is only part of a larger correct statement, still true.

Incorrect: EVERY voter can become a minister for six months.

S2: Specifically, Section 8 of RPA, 1951 states the grounds for disqualification on conviction of certain offences pursuant to Section 8 of RPA, 1951, in case the candidate is convicted of certain offences specified under sub-section (1) (2) (3) of Sec. 8 and sentenced to indicated fine or imprisonment, then such a candidate is disqualified from being a member of either house of Parliament or State Legislature from the date of such conviction till the stated time. This is not permanent, so S2 is wrong.

QUESTION: 9

Consider the following statements:

1. The president of India can summon a session of parliament at such a place as he/she thinks fit.

2. The constitution of India provides for three sessions of the parliament in a year but it is not mandatory to conduct all the sessions

3. There is no minimum number of days that the parliament is required to meet in a year

Which of the above given statements is/are correct? (2020)

Solution: S1 and S2: Article 85(1) of the Constitution empowers the President to summon each House of Parliament to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next Session.

S3: This is correct, refer to the explanation above.

QUESTION: 10

Rajyasabha has equal power with Loksabha in (2020)

Solution:
QUESTION: 11

Which of the following categories of Fundamental Rights Incorporates protection against untouchability as a form of discrimination? (2020)

Solution:

Right to Equality (Article 14-18) protects the citizens against any discrimination by the State on the basis of religion, caste, race, sex, or place of birth.
Article 14 says that all citizens enjoy equal privileges and opportunities.
Article 15 provides that the State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, or place of birth.
Article 16 says that no citizen can be discriminated against or be ineligible for any employment or office under the State on grounds of only religion, race, caste, sex, descent, place of birth, or residence.
Article 17 abolishes ‘untouchability’ and forbids its practice in any form.
Article 18 abolish all titles national or foreign which creates artificial distinctions in social status amongst the people.

QUESTION: 12

In India, separation of judiciary from executive is enjoined by (2020)

Solution:
QUESTION: 13

Along with the budget, the Finance Minister also places other documents before the parliament which include “The Macro-Economic Framework Statement” The aforesaid document is presented because this mandated by (2020)

Solution:
QUESTION: 14

A constitutional government by definition is a (2020)

Solution: A constitutional government may not have a legislature, could be a bi-party government and need not be a popular government, and can instead be a monarchy. All except D are incorrect.

QUESTION: 15

Other than the fundamental rights, Which of the following parts of the Constitution of India reflect/reflect the principles and provisions of the Universal Declaration of human rights(1948)?

1. Preamble

2. Directive principles of state policy

3. Fundamental duties

Select the correct answer using the given code below- (2020)

Solution: If you overread the question, you might exclude S3 from the answer, but this will be incorrect.

S1: Example: from UDHR: Article 3. Everyone has the right to life, liberty and security of person.

S2: Example: Article 22 UDHR: Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality. Or, Article 26:

(1) Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.

S3: Example: Article 27 of UDHR:

(1) Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts, and to share in scientific advancement and its benefits.

(2) Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary, or artistic production of which he is the author.

QUESTION: 16

In India, legal service authorities provide free legal services to which of the following type of citizens?

1. Person with an annual income of less than Rs 1,00,000

2. Transgender with an annual income of less than Rs2,00,000

3. Member of other backward classes(OBC) with an annual income of less than Rs 3,00,000

4. All senior citizens

Select the correct answer using the given code below- (2020)

Solution: S1 and S3: The sections of the society as enlisted under Section 12 of the Legal Services Authorities Act are entitled to free legal services, they are

(g) In custody, including custody in a protective home within the meaning of clause (g) of Section 2 of the Immoral Traffic (Prevention) Act, 1956(104 of 1956); or in a juvenile home within the meaning of clause(j) of Section 2 of the Juvenile Justice Act, 1986 (53 of 1986); or in a psychiatric hospital or psychiatric nursing home within the meaning of clause (g) of Section 2 of the Mental Health Act, 1987(14 of 1987); or

(h) a person in receipt of annual income less than the amount mentioned in the following schedule (or any other higher amount as may be prescribed by the State Government), if the case is before a Court other than the Supreme Court, and less than Rs 5 Lakh, if the case is before the Supreme Court.

S2: Limit for Transgender – Rs. 2,00,000

S4: Senior citizens’ eligibility for free legal aid depends on the Rules framed by the respective State Governments in this regard. In Delhi for example, senior citizens are eligible for free legal aid subject to a prescribed ceiling of annual income. Any individual above the age of 60 can apply for free legal aid/services.

QUESTION: 17

Which one of the following suggested that the Governor should be an eminent person from outside the State and should be a detached figure without intense political links or should not have taken part in politics in the recent past? (2019)

Solution: The ‘Sarkaria Commission’ recommended that the Governor should be an eminent person from outside the state and should be a detached figure without intense political links and that he should not have taken part in politics in the recent past and should not be a member of the ruling party.

QUESTION: 18

In India, which of the following review the independent regulators in sectors like telecommunications, insurance, electricity, etc.?

1. Ad Hoc Committees set up by the Parliament

2. Parliamentary Department Related Standing Committees

3. Finance Commission

4. Financial Sector Legislative Reforms Commission

5. NITI Aayog

Select the correct answer using the code given below. (2019)

Solution: Finance commission and NITI Aayog are of advisory nature, they do not review the functioning of any regulator. So, 3 and 5 are clearly wrong. FSLRC was setup once to review financial legislations and not regulators in the country. So, 4 is also wrong. The Parliamentary Departmental related standing Committees may do such work, and the ad hoc committees sometimes set up to review the working of regulators specific to their respective departments.

QUESTION: 19

With reference to the Constitution of India, consider the following statements:

1. No High Court shall have the jurisdiction to declare any central law to be constitutionally invalid.

2. An amendment to the Constitution of India cannot be called into question by the Supreme Court of India.

Which of the statements given above is/are correct? (2019)

Solution:
QUESTION: 20

In the context of polity, which one of the following would you accept as the most appropriate definition of liberty? (2019)

Solution: Liberty can be seen from two perspectives – negative and positive. Negative liberty is the absence of obstacles, barriers, or constraints. Positive liberty is the possibility of acting — or the fact of acting — in such a way as to take control of one’s life and realize one’s fundamental purposes. One may surmise that the purpose of ensuring that one has no obstacles is to realize one’s full potential. Therefore, option B only covers part of the definition of liberty, whereas option D covers it fully. Option A is also a partial definition and has a connotation more towards fundamental rights rather than liberty. One can be protected from tyranny by rule of law, but that does not by itself guarantee liberty.

QUESTION: 21

With reference to the Constitution of India, prohibitions or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations on the constitutional powers under Article 142. It could mean which one of the following? (2019)

Solution: As per Article 142, “The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or orders so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe”.

QUESTION: 22

With reference to the Legislative Assembly of a State in India, consider the following statements:

1. The Governor makes a customary address to Members of the House at the commencement of the first session of the year.

2. When a State Legislature does’ not have a rule on a particular matter, it follows the Lok Sabha rule on that matter.

Which of the statements given above is/are correct? (2019)

Solution:

S1: Article 176(1) of the Constitution of India enjoins that the Governor shall Address both the Houses assembled together at the commencement of the first session after each general election to the Assembly and at the commencement of the first session of each year and inform the Legislature of the causes of its Summons.

S2: As per Article 208 of the Constitution: Rules of procedure “(1) A House of the Legislature of a State may make rules for regulating subject to the provisions of this Constitution, its procedure and the conduct of its business (2) Until rules are made under clause (1), the rules of procedure and standing orders in force immediately before the commencement of this Constitution with respect to the Legislature for the corresponding Province shall have effect in relation to the Legislature of the State subject to such modifications and adaptations as may be made therein by the Speaker of the Legislative Assembly, or the Chairman of the Legislative Council, as the case may be” This implies that state legislature does not follow Lok Sabha rules, no such provision exists.

QUESTION: 23

Which Article of the Constitution of India safeguards one’s right to marry the person of one’s choice? (2019)

Solution: “The right to marry a person of one’s choice is integral to Article 21 (right to life and liberty) of the Constitution”, the Supreme Court had recently set aside a 2017 order of the Kerala High Court which annulled the marriage of Kerala Muslim convert girl Hadiya and Shefin Jahan.

QUESTION: 24

Consider the following statements:

1. The 44th Amendment to the Constitution of India introduced an Article placing the election of the Prime Minister beyond judicial review.

2. The Supreme Court of India struck down the 99th Amendment to the Constitution of India as being violative of the independence of the judiciary.

Which of the statements given above is/are correct? (2019)

Solution: S1: The Thirty-ninth Amendment of the Constitution of India, enacted on 10 August 1975, placed the election of the President, the Vice President, the Prime Minister and the Speaker of the Lok Sabha beyond the scrutiny of the Indian courts. It was passed during the Emergency of 1975–1977.

S2: 99th CA would have established the National Judicial Appointments Commission. But, in 2015, the Constitution Bench of Supreme Court by 4:1 Majority upheld the collegium system and struck down the NJAC as unconstitutional.

QUESTION: 25

Consider the following statements:

1. The- motion to impeach a Judge of the Supreme Court of India cannot be rejected by the Speaker of the Lok Sabha as per the Judges (Inquiry) Act, 1968.

2. The Constitution of India defines and gives details of what Constitutes ‘incapacity and proved misbehavior’ of the Judges of the Supreme Court of India.

3. The details of the process of impeachment of the Judges of the Supreme Court of India are given in the Judges (Inquiry) Act, 1968.

4. If the motion for the impeachment of a Judge is taken up for voting, the law requires the motion to be backed by each House of the Parliament and supported by a majority of the total membership of that House and by not less than two-thirds of total members of that House present and voting.

Which of the statements given above is/are correct? (2019)

Solution: The speaker has the discretion to accept or reject the motion, so S1 is wrong. S2: It has not been defined.

QUESTION: 26

The Ninth Schedule was introduced in the Constitution of India during the prime ministership of

Solution: The first amendment to the Indian Constitution added the Ninth Schedule to it. It was introduced by the Nehru Government, on 10 May 1951 to address judicial decisions and pronouncements especially about the chapter on fundamental rights.

QUESTION: 27

Consider the following statements:

1. The Parliament (Prevention of Disqualification) Act, 1959 exempts several posts from disqualification on the grounds of ‘Office of Profit’.

2. The above-mentioned Act was amended five times.

3. The term ‘Office of Profit’ is well-defined in the Constitution of India.

Which of the statements given above is/are correct? (2019)

Solution: Since S3 is clearly incorrect, the answer must be A. According to Articles 102(1)Options~ (a) and 191(1)Options~ (a) of the Constitution, legislators (MP or MLA) can be barred from holding the office of profit under Central Government or state government as it can put them in a position to gain financial benefit. The Supreme Court recently held that the Parliament (Prevention of Disqualification) Amendment Act, 2006 exempting 55 offices occupied by members of Parliament from disqualification was constitutionally valid.

QUESTION: 28

Under which Schedule of the Constitution of India can the transfer of tribal land to private parties for mining be declared null and void? (2019)

Solution:
QUESTION: 29

Consider the following statements:

1. In the first Lok Sabha, the largest party in the opposition was the Swatantra Party

2. In the Lok Sabha, a “Leader of the Opposition” was recognized for the first time in 1969

3. In the Lok Sabha, if a party does not have a minimum of 75 members, its leader cannot be recognized as the Leader of the Opposition

Which of the statements given above is/are correct? (2018)

Solution: Statement 1: It is wrong because the Communist Party of India (CPI) was the single largest opposition party in the First General Election. CPI won in 16 seats.

Statement 3: It is wrong because in order to receive the status of the opposition party and Consequent Leader of Opposition Tag a party should secure 10% of the total strength of the House 1.e. 55 seats in the Lok Sabha. This is as per the Mavalakar Rule.

QUESTION: 30

Consider the following statements:

1. The Parliament of India can place a particular law in the Ninth Schedule of the Constitution of India.

2. The validity of a law passed in the Ninth Schedule cannot be examined by any court and no judgment can be made on it.

Which of the statements given above is/are correct? (2018)

Solution: Statement 1: Once a law is enacted and included in the Ninth Schedule, it gets protection under Article 31-B (validation of certain Acts and Regulations) and is not subject to judicial scrutiny. The Ninth Schedule (Article 31-B) was introduced by the former Prime Minister Jawaharlal Nehru to keep certain laws particularly those on land reforms beyond the scope of judicial review.

Statement 2: The mandate of the ninth schedule is to prevent judicial scrutiny but in a landmark ruling in IR Coelho versus State of Tamil Nadu, 2007, the Supreme Court of India ruled that all laws (including those in the Ninth Schedule) would be open to Judicial Review if they violated the basic structure of the constitution. The Supreme Court judgment laid that the laws placed under Ninth Schedule after April 24, 1973. Shall be open to challenge in court if they violated fundamental rights guaranteed under Articles 14, 19, 20, and 21 of the Constitution.