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UPSC CSE Prelims Paper 1 Practice Test - 23 - UPSC MCQ


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100 Questions MCQ Test - UPSC CSE Prelims Paper 1 Practice Test - 23

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UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 1

Which of the following is not correct with reference to National Emergency?

Detailed Solution for UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 1
  • 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. The President, however, can proclaim a national emergency only after receiving a written recommendation from the cabinet. This means that the emergency can be declared only on the concurrence of the cabinet and not merely on the advice of the Prime Minister. Hence option (a) is correct. 
  • The proclamation of Emergency must be approved by both the Houses of Parliament within one month from the date of its proclamation by the President. Once approved by both the houses of the Parliament the emergency continues for six months. Hence option (b) is correct. 
  • After completion of six months, the emergency can be extended for another six months with the approval of both the houses of Parliament. Thus the emergency can be extended to an indefinite period with an approval of the Parliament for every six months. This provision for periodical parliamentary approval was also added by the 44th Amendment Act of 1978. Before that, the emergency, once approved by the Parliament, could remain in operation as long as the Executive (cabinet) desired. 
  • Every resolution approving the proclamation of emergency or its continuance must be passed by either House of Parliament by a special majority, that is, (a) a majority of the total membership of that house, and (b) a majority of not less than two-thirds of the members of that house present and voting. Impeachment resolution of the President is one case where a majority of two-thirds of the total membership of the house is required for approval. Hence, option (c) is not correct. 
  • A proclamation of emergency may be revoked by the President at any time by a subsequent proclamation. Such a proclamation does not require parliamentary approval. Hence option (d) is correct
UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 2

What could be the possible reasons for democracy being the most prevalent and better than other forms of government?
1. It provides for most stable form of government.
2. It ensures quick and correct decision making.
3. It extracts accountability from the government.
4. It ensures the elimination of income inequalities.

Which of the statements given above is/are correct?

Detailed Solution for UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 2
  • Democracy is a form of government in which the rulers are elected by the people. Democracy is the most prevalent form of government in the world today and it is expanding to more countries.
  •  Generally, there are two types of democracy: direct and representative. In a direct democracy, the people directly deliberate and decide on legislature. In a representative democracy, the people elect representatives to deliberate and decide on legislature, such as in parliamentary or presidential democracy. 
  • Arguments for democracy 
    1. democratic government is a better government because it is a more accountable form of government. Hence statement 3 is correct. 
    2. Democracy is based on consultation and discussion. Through discussions and debates, it is possible to point out mistakes in any decision. Thus, it improves the quality of decision-making. 
    3. Democracy provides a method to deal with differences and conflicts by peaceful and participative resolution of differences of opinions and interests.
    4. Democracy is based on the principle of political equality, on recognising that the poorest and the least educated has the same status as the rich and the educated. Hence, it enhances the dignity of citizens.
    5. It allows for the correction of mistakes either by the leaders or by the people through a change of leadership. 
  • Limitations of democracy
    1. Democracy leads to frequent changes in leadership. Sometimes this can set back big decisions and affect the government’s efficiency. Hence statement 1 is not correct.
    2. Involving the people in decision making leads to delays in decision making. Also, it does not guarantee that participative decisions will be good. Hence statement 2 is not correct.
    3. Democracy does not ensure economic equality. Despite being the largest democracy, it has not ended poverty in our country and in other parts of the world. Hence statement 4 is not correct.
UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 3

Which of the following Fundamental Rights are guaranteed by the Indian Constitution under the Right to Freedom?
1. Right to assemble peacefully
2. Right to form associations
3. Right to strike or effective bargaining
4. Right to life and personal liberty

Select the correct answer using the code given below.

Detailed Solution for UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 3
  • The Fundamental Rights are enshrined in Part III of the Constitution from Articles 12 to 35. The Constitution provides six Fundamental Rights:
    1. Right to equality (Articles 14–18)
    2. Right to Freedom (Articles 19–22)
    3. Right against exploitation (Articles 23–24)
    4. Right to freedom of religion (Articles 25–28)
    5. Cultural and educational rights of minority groups (Articles 29–30)
    6. Right to constitutional remedies (Article 32) 
  • Right to Freedom (Article 19-22) consists of: 
    1. Article 19: It provides for the protection of certain rights regarding freedom of speech etc(1) All citizens shall have the right:
      (i) to freedom of speech and expression;
      (ii) to assemble peaceably and without arms;
      (iii) to form associations or unions;
      (iv) to move freely throughout the territory of India;
      (v) to reside and settle in any part of the territory of India; and
      (vi) to practise any profession, or to carry on any occupation, trade or business 
    2. Article 20: Protection in respect of conviction for offences. 
    3. Article 21: Protection of life and personal liberty. 
    4. Article 21A: Right to elementary education. 
    5. Article 22: Protection against arrest and detention in certain cases. 
  • The Supreme Court held that the trade unions have no guaranteed right to effective bargaining or right to strike or right to declare a lock-out. The right to strike can be controlled by appropriate industrial law. Hence, the option (c) is correct.
UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 4

In the context of seismic activity of earth, what are swarms?

Detailed Solution for UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 4
  • Recent Context: Delhi is facing small but frequent shocks and this phenomenon is being compared to Palghar earthquake swarms (Maharashtra).
    1. Option (a) is not correct: The amount of energy released in an earthquake is known as seismic energy. 
    2. Option (b) is not correct: An abrupt movement of geological materials downhill in response to gravity is known as a landslide. Landslides can be triggered by an earthquake or other natural causes. 
    3. Option (c) is correct: According to the Swiss Seismological Service, swarms are numerous earthquakes that occur locally over an extended period, without a clear sequence of high intensity main quakes, preceded and succeeded by lower-intensity foreshocks and aftershocks. When seismic energy piles up inside the Earth and is released in small amounts from certain points, such a series of earthquakes can occur. Sometimes, these are also accompanied by acoustic or sound emissions.
    4. Option (d) is not correct: A more or less continuous motion in the Earth that is unrelated to an earthquake and that has a period of 1.0 to 9.0 seconds is called a microseism. It is caused by a variety of natural and artificial agents.
UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 5

'Chak ho' was recently seen in news is a:

Detailed Solution for UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 5
  1. Recent Context: GI tag has been given to Black rice of Manipur also called the Chak-Hao. 
  2. About Chak - Hao ( Black Rice) of Manipur: 
    • Black rice variety has a deep black colour and is higher by weight than that of other coloured rice varieties like brown rice, etc. This is mainly due to the anthocyanin agent. 
  3. Related Information about Geographical Indication Tags: 
    • A GI or Geographical Indication is a name or a sign given to certain products that relate to a specific geographical location or origins like a region, town or country. 
    • Using Geographical Indications may be regarded as a certification that the particular product is produced as per traditional methods, has certain specific qualities, or has a particular reputation because of its geographical origin. 
    • Geographical Indications are covered as a component of intellectual property rights (IPRs) under the Paris Convention for the Protection of Industrial Property. 
    • At the International level, GI is governed by the World Trade Organisation’s (WTO’s) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). 
    • In India, Geographical Indications registration is administered by the Geographical Indications of Goods (Registration and Protection) Act, 1999 which came into force with effect from September 2003.
UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 6

If India decides to cede territory to any of its neighbours, which of the following would be used by the Parliament?
1. Article 2
2. Article 3
3. Article 368

Select the correct answer using the code given below.

Detailed Solution for UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 6
  1. Being a sovereign state, India can acquire foreign territories or cede own territories according to the modes recognized by international law, i.e., cession (following treaty, purchase, gift, lease or plebiscite), occupation (hitherto unoccupied by a recognized ruler), conquest or subjugation 
  2. Article 2
    • It relates to the admission or establishment of new states that are not part of the Union of India. 
  3. Article 3 
    • It relates to the formation of or changes in the existing states of the Union of India. In other words, it deals with the internal re-adjustment inter se of the territories of the constituent states of the Union of India. 
    • The Supreme Court held that the power of Parliament to diminish the area of a state (under Article 3) does not cover the cession of Indian territory to a foreign country. Hence, Indian territory can be ceded to a foreign state only by amending the Constitution under Article 368. 
  4. The 100th Constitutional Amendment Act (2015) was enacted to give effect to the acquiring of certain territories by India and transfer of certain other territories to Bangladesh in pursuance of the agreement and its protocol entered into between the Governments of India and Bangladesh.
  5. Under this deal, India transferred III enclaves to Bangladesh, while Bangladesh transferred 51 enclaves to India.
  6. The settlement of a boundary dispute between India and another country does not require a constitutional amendment. It can be done by executive action as it does not involve cession of Indian territory to a foreign country. It was ruled by the Supreme Court in 1969
UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 7

Why India is described as a ‘Union of States’ rather than a ‘Federation of States’?
1. The Indian federation is the result of an agreement among the states.
2. States have no right to secede from the federation.

Select the correct answer using the code given below.

Detailed Solution for UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 7
  1. Article 1 describes India, that is, Bharat as a ‘Union of States’ rather than a ‘Federation of States’. This provision deals with two things: one, name of the country, and two, type of polity. 
  2. There was no unanimity in the Constituent Assembly with regard to the name of the country. Some members suggested the traditional name (Bharat) while other advocated the modern name (India). Hence, the Constituent Assembly had to adopt a mix of both (‘India, that is, Bharat’). Secondly, the country is described as ‘Union’ although its Constitution is federal in structure. 
  3. According to Dr B R Ambedkar, the phrase ‘Union of States’ has been preferred to ‘Federation of States’ for two reasons: 
    • The Indian Federation is not the result of an agreement among the states like the American Federation. Hence, statement 1 is not correct. 
    • The states have no right to secede from the federation. Hence, statement 2 is correct. 
  4. The federation is a Union because it is indestructible. The country is an integral whole and divided into different states only for the convenience of administration
UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 8

Consider the following statements about the Central Bureau of Investigation (CBI):
1. It deals only with cases of corruption and economic offenses.
2. The CBI's functioning is superintended by the Central Vigilance Commission when the offenses being investigated come under the Prevention of Corruption Act, 1988.

Which of the statements given above is/are correct?

Detailed Solution for UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 8
  1. CBI is a non-constitutional and non-statutory body and enjoys the status of an attached office to the Ministry of Personnel. 
  2. It derives its powers from the Delhi Special Police Establishment Act (DSPE), 1946. 
  3. With the passage of time, requests were made by various quarters for CBI to take up investigation even in conventional crimes like assassinations, kidnappings, hijackings, crimes committed by extremists, violation of Official Secrets Act, large scale Banks and Insurance Frauds etc. and others specific cases like Bhagalpur Blindings, Bhopal Gas Tragedy etc. Since early 1980's, constitutional courts also started referring cases to CBI for enquiry/investigation on the basis of petitions filed by the aggrieved persons in cases of murders, dowry deaths, rape etc. Hence statement 1 is not correct. 
  4. Thus, CBI has grown into a multidisciplinary investigation agency over a period of time. Today it has the following three divisions for investigation of crime:
    • Anti-Corruption Division - for investigation of cases under the Prevention of Corruption Act, 1988 against Public officials and the employees of Central Government, Public Sector Undertakings, Corporations or Bodies owned or controlled by the Government of India - it is the largest division having presence almost in all the States of India. 
    • Economic Offences Division - for investigation of major financial scams and serious economic frauds, including crimes relating to Fake Indian Currency Notes, Bank Frauds and Cyber Crime. 
    • Special Crimes Division - for investigation of serious, sensational and organized crime under the Indian Penal Code and other laws on the requests of State Governments or on the orders of the Supreme Court and High Courts.
  5.  The laws under which CBI can investigate Crime are notified by the Central Government under section 3 of the DSPE Act, 1946. 
  6. CBI can suo-moto take up investigation of offences notified in DSPE act, only in the Union Territories. 
  7. Taking up investigation by CBI in the boundaries of a State requires the prior consent of that State as per Section 6 of the DSPE Act.
  8. The Central Government can authorize CBI to investigate such a crime in a State but only with the consent of the concerned State Government. 
  9. The Supreme Court and High Courts, however, can order CBI to investigate such a crime anywhere in the country without the consent of the State. 
  10. CVC shall exercise superintendence over the functioning of the CBI insofar as it relates to the investigation of offences under the Prevention of Corruption Act, 1988. Hence statement 2 is correct.
UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 9

Consider the following statements:
1. The Minor Forest Produce has been defined under the Indian Forest Act, 1927.
2. The government of India announces the Minimum Support Price (MSP) for various Minor Forest Produce on the recommendations of Commission for Agricultural Costs and Prices (CACP).

Which of the statements given above is/are correct?

Detailed Solution for UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 9
  1. Recent Context: In a bid to financially empower tribals during the COVID-19 crisis, the Centre has increased the minimum support price (MSP) of minor forest produce (MFP) by 16-30%. The list of products will include 20 new items such as cardamom, turmeric and ginger, ban tulsi, ban jeera and raw bamboo brooms. Forest products collected by tribals in northeastern states will also be included. 
  2. Section 2(4) of the Indian Forest Act 1927 defines only "forest-produce" and this term connotes to those products whether found in, or brought from a forest such as timber, charcoal, caoutchouc, catechu, wood-oil, resin, natural varnish, bark, lac, mahua flowers, mahua seeds, kuth and myrobalans, trees and leaves, flowers and fruits, and all other parts or produce of trees, plants not being trees (including grass, creepers, reeds, and moss), and all parts or produce of such plants, wild animals and skins, tusks, horns, bones, silk, cocoons, honey and wax, and all other parts or produce of animals, and peat, surface soil, rock and minerals (including limestone, laterite, mineral oils), and all products of mines or quarries; 
  3. Statement 1 is not correct: Minor Forest Produce (MFP) is a subset of forest produce and got a definition only in 2007 when the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, was enacted. Section 2(i) of the said Act defines a Minor Forest Produce (MFP) as all non-timber forest produce of plant origin and includes bamboo, brushwood, stumps, canes, Tusser, cocoon, honey, waxes, Lac, tendu/kendu leaves, medicinal plants and herbs, roots, tuber and the like. Thus, the definition of “minor forest produce” includes bamboo and cane, thereby changing the categorization of bamboo and cane as “trees” under the Indian Forest Act 1927.
UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 10

The maximum seats in the Lok Sabha are 552. However, there are a total of 545 members. If only 300 members are present at the time of voting, then a constitutional amendment bill under Article 368 must be supported by a minimum of:

Detailed Solution for UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 10
  1. Ordinarily, all business of the legislature requires that a motion or resolution or bill should get the support of a simple majority of the members voting at that time.
    • Suppose that at the time of voting on a bill, 247 members were present in the house and all of them participated in the voting on the bill. Then, the bill would be passed if at least 124 members voted in favor of the bill. 
  2. It is not so in the case of an amendment bill. Amendment to the Constitution requires two different kinds of special majorities:
    • in the first place, those voting in favor of the amendment bill should constitute at least half of the total strength of that House.
    • Secondly, the supporters of the amendment bill must also constitute two-thirds of those who actually take part in voting. 
  3. In the Lok Sabha total seats are 552. However, some of the seats are vacant and there are 545 members. Therefore, any constitutional amendment must be supported by a minimum of 273 members. Even if only 300 members are present at the time of voting, the amendment bill must get the support of 273 out of them.
UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 11

Which of the following can be identified as the major objectives of NITI Aayog?
1. Fostering cooperative federalism
2. Acting as a platform for the resolution of inter-departmental issues.
3. Integrating villages into developmental processes.
4. To leverage India's demographic dividend. Select the correct answer using the code given below.

Detailed Solution for UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 11
  1. The objectives of the NITI Aayog are: 
    • To evolve a shared vision of national development priorities with the active involvement of States. 
    • To foster cooperative federalism. 
    • To develop mechanisms to formulate credible plans at the village level and aggregate these progressively at higher levels of government. (Integrate villages institutionally into the development process) 
    • To focus on technology up-gradation and capacity building 
    • To design strategic and long-term policy and programme frameworks and initiatives, and monitor their progress and their efficacy 
    • To provide advice and encourage partnerships between key stakeholders 
    • To offer a platform for the resolution of inter-sectoral and interdepartmental issues in order to accelerate the implementation of the development agenda. 
    • To leverage India's demographic dividend. 
  2. Hence option (d) is the correct answer.
UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 12

Consider the following passage with reference to a writ issued by the Supreme Court under Article 32: It is a command issued by a court to an authority directing it to perform a public duty imposed upon it by law. It can be issued when an authority vested with a power improperly refuses to exercise it. It can be issued to any kind of authority in respect of any type of function – administrative, legislative, quasi-judicial, judicial. It is used to enforce the performance of public duties by public authorities. The above passage refers to which of the following writ?

Detailed Solution for UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 12
  1. The Supreme Court (under Article 32) and the high courts (under Article 226) can issue the writs of habeas corpus, mandamus, prohibition, certiorari and quo-warranto. These writs are borrowed from English law where they are known as ‘prerogative writs’.
  2. Mandamus: It is a command issued by a court to an authority directing it to perform a public duty imposed upon it by law. Mandamus can be issued when the Government denies to itself a jurisdiction which it undoubtedly has under the law, or where an authority vested with a power improperly refuses to exercise it. The function of mandamus is to keep the public authorities within the limits of their jurisdiction while exercising public functions. Mandamus can be issued to any kind of authority in respect of any type of function – administrative, legislative, quasi-judicial and judicial. Mandamus is used to enforce the performance of public duties by public authorities. Mandamus is not issued when the Government is under no duty under the law. When an authority fails in its legal duty to implement an order of a tribunal, mandamus can be issued directing the authority to do so. Thus, when the appellate transport tribunal accepted the applications of the petitioner for grant of permits, mandamus was issued to the concerned authority to issue the permits to the petitioner in terms of the tribunal order. Mandamus is issued to enforce a mandatory duty which may not necessarily be a statutory duty. Hence, option (c) is correct.
UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 13

Consider the following statements:
1. 'Due process of Law' provides for judicial scrutiny against arbitrary action of executive only.
2. The procedure established by law provides judicial scrutiny against arbitrary actions of both legislative and
executive.
3. Article 21 of the Indian Constitution explicitly mentions the 'procedure established by law'.

Which of the statements given above is/are correct?

Detailed Solution for UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 13
  • 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. Hence statement 3 is correct. 
  • The expression ‘procedure established by law’ in Article 21 is different from the expression ‘due process of law’ contained in the American Constitution. The procedure established by law means a law that is duly enacted by the legislature is valid if it has followed the correct procedure. In this, the court would assess that whether there is a law, whether the Legislature is competent to frame the law and whether it had followed the procedure laid down to legislate and would not assess the intent of the said law. Therefore under this concept, the validity of a law that has prescribed a procedure cannot be questioned on the ground that the law is unreasonable, unfair, or unjust. If Parliament passes a law, then the life or personal liberty of a person can be taken off according to the provisions and procedures of that law. 
  • On the other hand, 'due process of law' doctrine not only checks if there is a law to deprive the life and personal liberty of a person but also see if the law made is fair, just and not arbitrary. This doctrine provides for more fair treatment of individual rights. Under due process, it is the legal requirement that the state must respect all of the legal rights that are owed to a person and laws that state enact must conform to the laws of the land like – fairness, fundamental rights, liberty, etc. 
  • In the Gopalan case (1950), the Supreme Court has taken a narrow interpretation of Article 21. The protection under Article 21 is available only against arbitrary executive action and not from arbitrary legislative action. But, in Menaka case12 (1978), the Supreme Court overruled its judgment in the Gopalan case by taking a wider interpretation of Article 21 and has introduced the American expression ‘due process of law’. In effect, the protection under Article 21 should be available not only against arbitrary executive action but also against arbitrary legislative action. Hence statements 1 and 2 are not correct.
UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 14

Constitution prescribes imposition of Presidents Rule in a state if:
1. The state fails to comply with any direction from the Centre.
2. The President is satisfied that the government of a state cannot be carried on in accordance with the provisions of
this Constitution.
3. There is an occurrence of a violent incident disrupting law and order.

Select the correct answer using the code given below.

Detailed Solution for UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 14
  1. The Constitution prescribes imposition of President’s Rule under Article 356 on two grounds—one mentioned in Article 356 itself and another in Article 365: 
    • 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). 
    • 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. 
  2. The Constitution prescribes imposition of President's Rule only on the grounds mentioned under Article 356 and 365. Hence, statements 1 and 2 are correct. There is no mention of 'violent incident disrupting law and order' in the constitution as the ground for imposition of President's Rule. Hence, statement 3 is not correct.
UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 15

Recently, the Reserve Bank of India has been mulling over the idea of introducing Standing Deposit Facility (SDF)which aims to:

Detailed Solution for UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 15

The Reserve Bank of India (RBI) is actively considering introducing Standing Deposit Facility (SDF) for liquidity management, based on which banks can park as much money as they want without getting collateral, and at a lower rate than the reverse repo to absorb additional liquidity with the banks. The SDF, when introduced, will become the lower bound of the corridor for the liquidity management window.

UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 16

Consider the following statements about Members of Parliament Local Area Development Scheme (MPLADS):
1. Under MPLADS, Rs. 5 crore is transferred directly to each Member of Parliament for developmental work in his/her constituency.
2. Nominated members of Rajya Sabha and Lok Sabha are not entitled under this scheme.
3. Ministry of Statistics & Programme implementation is the nodal ministry to implement this Scheme.

Which of the statements given above is/are correct?

Detailed Solution for UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 16
  1. Recent Context: The suspension of Member of Parliament Local Area Development Scheme (MPLADS) for two years was one of the many measures that the central government has taken in preparation for a fight against coronavirus. 
  2. The MPLADS is a Plan Scheme fully funded by the Government of India. The annual MPLADS fund entitlement per MP constituency is Rs. 5 crores. But this amount is not disbursed directly to MP but to the District Authority of the chosen district. Hence, statement 1 is not correct. 
  3. Lok Sabha Members can recommend works within their Constituencies and Elected Members of Rajya Sabha can recommend works within the State of Election.
  4. Nominated Members of both the Rajya Sabha and Lok Sabha can recommend works anywhere in the country. Hence, statement 2 is not correct. 
  5. A Member of Parliament shall give his choice of Nodal District in Annexure I of the guidelines to the Ministry of Statistics and Programme Implementation with a copy to the State Government and to the District Magistrate of the chosen District. If a Lok Sabha Constituency is spread over more than one District, the Member of Parliament can choose any one of the Districts as Nodal District in his/her constituency. The Rajya Sabha MP can choose any District in his/her State of Election as Nodal District. Nominated Members of both Rajya Sabha and Lok Sabha can choose any District in the country as Nodal District. Ministry of Statistics & Programme is the nodal ministry. Hence, statement 3 is correct.
UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 17

With reference to CollabCAD, recently seen in news, consider the following statements:
1. It is a software system launched Department of Science & Technology.
2. Its aim is to provide a platform to the students of Atal Tinkering Labs (ATLs) across country to create and modify 3D designs.

Which of the statements given above is/are correct?

Detailed Solution for UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 17
  1. Statement 1 is not correct: Atal Innovation Mission, NITI Aayog and National Informatics Centre (NIC) in April 2020, jointly launched CollabCAD, a collaborative network, computer-enabled software system, providing a total engineering solution from 2D drafting & detailing to 3D product design. 
  2. Statement 2 is correct: The aim of this initiative is to provide a great platform to students of Atal Tinkering Labs (ATLs) across country to create and modify 3d designs with free flow of creativity and imagination. This software would also enable students to create data across the network and concurrently access the same design data for storage and visualization. This software would also enable students to create data across the network and concurrently access the same design data for storage and visualization. As 3D printing has become a significant part of 21st-century innovations, designing through Collab CAD will help over 2.5 million students who will be able to access it.
UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 18

Consider the following statements:
1. The Constitution of India only mentions the office of the Chief Election Commissioner (CEC) and not the Election Commissioners (EC).
2. The CEC has overriding powers while deciding upon any matter or issue.
3. Both CEC and ECs enjoy the security of tenure.

Which of the statements given above is/are correct?

Detailed Solution for UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 18
  1. Article 324 of the Constitution states that the Election Commission shall consist of the Chief Election Commissioner (CEC) and such number of other election commissioners (ECs), if any, as the president may from time to time fix. Hence statement 1 is not correct. 
  2. Today, the Election Commission has been functioning as a multi-member body consisting of three election commissioners. 
  3. The CEC and the two other ECs have equal powers and receive equal salaries, allowances. (similar to that of a judge of the Supreme Court). 
  4. In case of difference of opinion amongst the CEC and/or two other ECs, the matter is decided by the Commission by a majority. Hence statement 2 is not correct. 
  5. The CEC is provided with the security of tenure. He cannot be removed from his office except in the same manner and on the same grounds as a judge of the Supreme Court. 
  6. Other ECs, cannot be removed from office except on the recommendation of the CEC. Hence statement 3 is not correct.
UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 19

The Indian Constitution ensures
1. Individual Freedom
2. Social Justice
3. Community Based Rights

Select the correct answer using the code given below.

Detailed Solution for UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 19
  • Core features of Indian Constitution are:
    1. Constitution reinforces and reinvents forms of liberal individualism through various fundamental rights. This is an important achievement because this is done in the backdrop of a society where community values are often indifferent or hostile to individual autonomy. 
    2. Constitution upholds the principle of social justice without compromising on individual liberties. The constitutional commitment to caste-based affirmative action programme shows how much ahead India was compared to other nations. 
    3. Against the background of inter-communal strife, the Constitution upholds its commitment to group rights (the right to the expression of cultural particularity). Unlike Germany or France we have several linguistic and religious communities. It was important to ensure that no one community systematically dominates others. This made it mandatory for our Constitution to recognise community based rights.
UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 20

It was an erstwhile princely state ruled by Chogyal dynasty. It became a ‘protectorate’ of India In 1947 after the lapse of British paramountcy. It became an integral part of India through a referendum. Recently it was in news due to a controversial advertisement by the Delhi Government.

Which of the following states/UT is being described in the above passage?

Detailed Solution for UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 20
  • Till 1947, Sikkim was an Indian princely state ruled by Chogyal. 
  • In 1947, after the lapse of British paramountcy, Sikkim became a ‘protectorate’ of India, whereby the Indian Government assumed responsibility for the defense, external affairs and communications of Sikkim. 
  • In 1974, Sikkim expressed its desire for greater association with India. Accordingly, the 35th Constitutional Amendment Act (1974) was enacted by the parliament. This amendment introduced a new class of statehood under the constitution by conferring on Sikkim the status of an ‘associate state’ of the Indian Union. For this purpose, a new Article 2A and a new schedule (Tenth Schedule containing the terms and conditions of association) were inserted in the Constitution. 
  • This experiment, however, did not last long as it could not fully satisfy the aspirations of the people of Sikkim. 
  • In a referendum held in 1975, they voted for the abolition of the institution of Chogyal and Sikkim becoming an integral part of India.
UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 21

Which of the following is correct with reference to Financial Emergency under Article 360?

Detailed Solution for UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 21
  • Article 360 empowers the president to proclaim a Financial Emergency 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 38th Amendment Act of 1975 made the satisfaction of the president in declaring a Financial Emergency final and conclusive and not questionable in any court on any ground. But, this provision was subsequently deleted by the 44th Amendment Act of 1978 implying that the satisfaction of the president is not beyond judicial review. 
  • A proclamation declaring financial emergency must be approved by both the Houses of Parliament within two months from the date of its issue. A resolution approving the proclamation of financial emergency can be passed by either House of Parliament only by a simple majority, that is, a majority of the members of that house present and voting. Hence, option (c) is correct.
UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 22

Consider the following statements:
1. Chairpersons of the National Human Rights Commission (NHRC) and State Human Rights Commission (SHRC) are appointed by the President of India.
2. Only the President of India can remove the chairpersons of NHRC and SHRC.

Which of the statements given above is/are correct?

Detailed Solution for UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 22
  1. The Protection of Human Rights Act of 1993 provides for the creation of National Human Rights Commission and State Human Rights Commission at the state level. 
  2. A State Human Rights Commission can inquire into violation of human rights only in respect of subjects mentioned in the State List and the Concurrent List of the Constitution. 
  3. However, if any such case is already being inquired into by the National Human Rights Commission or any other Statutory Commission, then the State Human Rights Commission does not inquire into that case. 
  4. The chairperson and members of SHRC are appointed by the Governor. Whereas, in the case of NHRC, they are appointed by the President of India. Hence, statement 1 is not correct. 
  5. Although the chairperson and members of an SHRC are appointed by the governor, they can be removed only by the President. Hence statement 2 is correct.
UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 23

Interest groups seek to promote the interests of a particular section or group of society. They can be of two types, promotional interest group, and sectional interest group. Which of the following is/are a typical example of a sectional interest group?
1. Professional bodies such as that of lawyers or doctors
2. Trade unions
3. A group fighting against bonded labor or caste discrimination

Select the correct answer using the code given below.

Detailed Solution for UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 23
  1. Usually, interest groups seek to promote the interests of a particular section or group of society. Trade unions, business associations, and professionals (lawyers, doctors, teachers, etc.) bodies are some examples of this type. They are sectional because they represent a section of society: workers, employees, businesspersons, industrialists, followers of a religion, caste group, etc. Their principal concern is the betterment and well-being of their members, not society in general. 
  2. Sometimes these organizations are not about representing the interest of one section of society. They represent some common or general interest that needs to be defended. The members of the organization may not benefit from the cause that the organization represents. These second type of groups are called promotional groups or public interest groups. They promote collective rather than selective good. They aim to help groups other than their own members. For example, a group fighting against bonded labor fights not for itself but for those who are suffering under such bondage.
UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 24

Which of the following events may lead to the loss of Indian citizenship for an individual?
1. When an Indian citizen voluntarily acquires the citizenship of another country
2. If the citizen has shown disloyalty to the Constitution of India
3. If he is a minor whose parents have renounced Indian citizenship

Select the correct answer using the code given below.

Detailed Solution for UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 24

The Citizenship Act, 1955, prescribes three ways of losing citizenship whether acquired under the Act or prior to it under the Constitution, viz, renunciation, termination and deprivation: 

  1. By Renunciation: Any citizen of India of full age and capacity can make a declaration renouncing his Indian citizenship. Upon the registration of that declaration, that person ceases to be a citizen of India. However, if such a declaration is made during a war in which India is engaged, its registration shall be withheld by the Central Government. Further, when a person renounces his Indian citizenship, every minor child of that person also loses Indian citizenship. However, when such a child attains the age of eighteen, he may resume Indian citizenship. 
  2. By Termination: When an Indian citizen voluntarily (consciously, knowingly and without duress, undue influence or compulsion) acquires the citizenship of another country, his Indian citizenship automatically terminates. This provision, however, does not apply during a war in which India is engaged. 
  3. By Deprivation: It is a compulsory termination of Indian citizenship by the Central government, if: 
    • the citizen has obtained the citizenship by fraud: 
    • the citizen has shown disloyalty to the Constitution of India: 
    • the citizen has unlawfully traded or communicated with the enemy during a war; 
    • the citizen has, within five years after registration or naturalisation, been imprisoned in any country for two years; and 
    • the citizen has been ordinarily resident out of India for seven years continuously.
UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 25

Which of the following is/are the federal features in the Indian Constitution?
1. Single Constitution
2. Bicameralism
3. Integrated judiciary

Select the correct answer using the code given below.

Detailed Solution for UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 25
  1. The Constitution of India establishes a federal system of government. It contains many features of a federation, viz: 
    • two government 
    • division of powers 
    • written Constitution
    • supremacy of Constitution
    • rigidity of Constitution 
    • independent judiciary
    • bicameralism. 
  2. However, the Indian Constitution also contains a large number of unitary or non-federal features, viz. 
    • a strong Centre
    • single Constitution 
    • single citizenship 
    • flexibility of Constitution 
    • integrated judiciary 
    • appointment of state governor by the Centre 
    • all-India services
    • emergency provisions, and so on.
UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 26

Consider the following statements in the context of NITI Aayog:
1. It is an extra-constitutional body.
2. It provides both directional and policy inputs but not technical advice.
3. It provides a collaborative and "bottomup" approach.

Which of the statements given above are correct?

Detailed Solution for UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 26
  1. NITI Aayog, like that of the Planning Commission, was also created by an executive resolution of the Government of India (i.e., Union Cabinet). Hence it is neither a constitutional body nor a statutory body. In other words, it is an extra-constitutional non-statutory body. Hence statement 1 is correct. 
  2. NITI Aayog is the premier policy ‘Think Tank’ of the Government of India, providing both directional and policy inputs. 
  3. While designing strategic and long-term policies and programs for the Government of India, NITI Aayog also provides relevant technical advice to the Centre and States. Hence statement 2 is not correct. 
  4. Unlike the Planning Commission era, NITI Aayog provides a collaborative setting and a "bottom-up" approach. Hence statement 3 is correct.
UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 27

With reference to the integration of erstwhile princely states, consider the following pairs: Princely State Mode of integration
1. Hyderabad : Referendum
2. Junagarh : Police action
3. Kashmir : Instrument of Accession

Which of the pairs given above is/are correctly matched?

Detailed Solution for UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 27
  1. Integration of Princely States 
  2. At the time of independence, India comprised two categories of political units, namely, the British provinces (under the direct rule of British government) and the princely states (under the rule of native princes but subject to the paramountcy of the British Crown). 
  3. The Indian Independence Act (1947) created two independent and separate dominions of India and Pakistan and gave three options to the princely states viz., joining India, joining Pakistan, or remaining independent. 
  4. Of the 552 princely states situated within the geographical boundaries of India, 549 joined India and the remaining 3 (Hyderabad, Junagarh, and Kashmir) refused to join India.
UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 28

Which of the following pairs: Festival State
1. Ambubachi Mela : Assam
2. Chaitra Jatra : Odisha
3. Vishu : Uttar Pradesh
4. Rangoli Bihu : Jharkhand

Which of the pairs given above are correctly matched?

Detailed Solution for UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 28
  1. Ambubachi Mela o It is a festival marking the annual menstruation of the presiding Goddess at Guwahati’s Kamakhya temple. It is also called ‘Mahakumbh of the East’.
    • It is closely associated with Tantric Shakti cult prevalent in eastern parts of India and also known as Ameti or Tantric fertility festival. 
    • The Kamakhya temple is atop the Nilachal Hills, facing Brahmaputra River. 
    • A similar custom is followed at the Chengannur Mahadeva Temple (also called Bhagavathy Temple) in the Alleppey district of Kerala. 
  2. Chaitra Jatra o It is celebrated at the Tara Tarini hill shrine in Odisha. The shrine is located at a hilltop on the banks of Rushikulya river. Rishkulya is the biggest breeding ground of Olive Ridley Turtles. 
  3. Vishu 
    • It is celebrated in Kerala. This festival involves worship of Lord Vishnu and Lord Krishna by the devotees. 
  4. Rongali Bihu 
    • It is celebrated in Assam. It is also called Bohag Bihu.
    • It marks the beginning of the Assamese New Year. 
    • Assamese celebrate Bihu thrice a year, which signifies the distinct cycles of farming - Bhogali/Magh Bihu (January), Bohag/Rongali Bihu (April), and Kongali Bihu (October).
UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 29

Which of the following statements in the context of the Comptroller and Auditor General (CAG) of India is not correct?

Detailed Solution for UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 29
  • The duties and functions of the CAG as laid down by the parliament and the Constitution are: 
    1. audits the accounts related to all expenditure from the Consolidated Fund of India, consolidated fund of each state and of each union territory having a Legislative Assembly. 
    2. He audits all expenditures from the Contingency Fund of India and the Public Account of India and of each state. 
    3. He audits all bodies and authorities substantially financed from the Central or state revenues, Government companies, etc. 
    4. He audits the accounts of any other authority when requested by the President or Governor. E.g.: the audit of local bodies.
    5. He submits his audit reports relating to the accounts of the Centre to President (to the governor), who shall, in turn, place them before both the Houses of the Parliament (state legislature). 
    6. He acts as a guide, friend and philosopher of the Public Accounts Committee of the Parliament. 
    7. He compiles and maintains the accounts of state governments. In 1976, he was relieved of his responsibilities with regard to the compilation and maintenance of accounts of the Central Government. Hence option (c) is the answer.
UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 30

Which of the following statements in the context of the National Commission for Backward Classes (NCBC) is not correct?

Detailed Solution for UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 30
  1. In the Mandal case judgment (1992), the Supreme Court directed the central government to constitute a permanent statutory body to examine the complaints of under inclusion, overinclusion, or non-inclusion of any class of citizens in the list of backward classes. Accordingly, the National Commission for Backward Classes (NCBC) was established in 1993. 
  2. The 102nd Amendment Act of 2018 conferred a constitutional status on the Commission and inserted a new Article 338-B specific for NCBC. 
  3. The Commission consists of a chairperson, a vice-chairperson, and three other members. 
  4. They are appointed by the President. 
  5. Their conditions of service and tenure of office are also determined by the President. 
  6. NCBC presents an annual report to the President. It can also submit a report as and when it thinks necessary. 
  7. The main function of the commission is to investigate and monitor all matters relating to the constitutional and other legal safeguards for the socially and educationally backward classes (OBCs). 
  8. National Commission for SCs (NCSC) has to investigate all matters relating to the constitutional and other legal safeguards for the Anglo-Indian Community and report to the President upon their working. 
  9. Till 2018, the NCSC was also required to discharge similar functions with regard to the other backward classes (OBCs). It was relieved from this responsibility by the 102nd Amendment Act of 2018. Hence option (b) is the correct answer.
UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 31

With reference to Overseas Citizen of India (OCI) Cardholder, consider the following statements:
1. A citizen of another country who was a citizen of India at any time after the commencement of the Constitution is eligible to become OCI cardholder.
2. OCI cardholders are entitled to multiple entry lifelong visa for visiting India for any purpose.
3. OCI cardholders enjoy the right to equality of opportunity in matters of public employment.

Which of the statements given above is/are correct?

Detailed Solution for UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 31
  1. Following categories of foreign nationals are eligible for registration as Overseas Citizen of India (OCI) Cardholder: 
    • Who was a citizen of India at the time of, or at any time after the commencement of, the Constitution i.e. 26.01.1950; or 
    • who was eligible to become a citizen of India on 26.01.1950; or 
    • who belonged to a territory that became part of India after 15.08.1947; or 
    • who is a child or a grandchild or a great-grandchild of such a citizen; or 
    • who is a minor child of such persons mentioned above; or 
    • who is a minor child and whose both parents are citizens of India or one of the parents is a citizen of India; or 
    • spouse of foreign origin of a citizen of India or spouse of foreign origin of an Overseas Citizen of India Cardholder registered under the Citizenship Act, 1955 and whose marriage has been registered and subsisted for a continuous period of not less than two years immediately preceding the presentation of the application. 
  2. Multiple entry lifelong visa for visiting India for any purpose (However OCI Cardholders will require a special permission to undertake research work in India for which they may submit the application to the Indian Mission/ Post/ FRRO concerned). 
  3. OCI is not to be misconstrued as 'dual citizenship'. OCI does not confer political rights. The registered Overseas Citizens of India shall not be entitled to the rights which are conferred only to citizens of India, such as the right under article 16 of the Constitution with regard to equality of opportunity in matters of public employment.
UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 32

In reference to Special Officer for Linguistic Minorities, consider the following statements:
1. Originally, the Constitution of India did not provide for this office.
2. The office falls under the Ministry of Minority Affairs.
3. It submits annual reports to the central government.

Which of the statements given above are correct?

Detailed Solution for UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 32
  1. Originally, the Constitution of India did not make any provision with respect to the Special Officer for Linguistic Minorities. Hence statement 1 is correct. 
  2. Later on the recommendations of the States Reorganisation Commission (1953–55), the Seventh Constitutional Amendment Act of 1956 inserted a new Article 350-B. 
  3. This provided for a Special Officer for Linguistic Minorities, to be appointed by the President of India. 
  4. It is entrusted with the duty to investigate all matters relating to the safeguards provided for linguistic minorities under the Constitution and report to the President upon those matters at such intervals as the President may direct. Hence statement 3 is not correct. 
  5. Constitution does not specify the qualifications, tenure, salaries and allowances, service conditions, and procedure for removal of the Special Officer for Linguistic Minorities. 
  6. At the Central level, the Commissioner falls under the Ministry of Minority Affairs. Hence, he submits the annual reports or other reports to the President through the Union Minority Affairs Minister. Hence statement 2 is correct.
UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 33

In the context of the Constitution and Polity of a country, which of the following is/are correct?
1. A Constitution determines the relationship among people living in a territory and also the relationship between the people and government.
2. A country that has a Constitution may not necessarily be democratic.
3. A constitution lays down limits on the powers of the government.

Select the correct answer using the code given below.

Detailed Solution for UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 33
  1. The constitution of a country is a set of written rules that are accepted by all people living together in a country. The constitution is the supreme law that determines the relationship among people living in a territory (called citizens) and also the relationship between the people and government.
  2. All countries that have constitutions are not necessarily democratic. But all countries that are democratic will have constitutions. 
  3. The drafting of the document called the constitution was done by an assembly of elected representatives called the Constituent Assembly. The Constituent Assembly represented the people of India. There was no universal adult franchise at that time. So the Constituent Assembly could not have been chosen directly by all the people of India. It was elected mainly by the members of the existing Provincial Legislatures.
UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 34

Second Schedule of the Constitution deals with the emoluments and privileges of:
1. Speaker of the Legislative Assembly in the states
2. Prime Minister
3. Judges of the High Courts
4. Leader of Opposition in Lok Sabha

Select the correct answer using the code given below.

Detailed Solution for UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 34
  1. Second Schedule deals with provisions relating to the emoluments, allowances, privileges and so on of 
    • The President of India 
    • The Governors of States 
    • The Speaker and the Deputy Speaker of the Lok Sabha 
    • The Chairman and the Deputy Chairman of the Rajya Sabha 
    • The Speaker and the Deputy Speaker of the Legislative Assembly in the states 
    • The Chairman and the Deputy Chairman of the Legislative Council in the states 
    • The Judges of the Supreme Court
    • The Judges of the High Courts
    • The Comptroller and Auditor-General of India. 
  2. The original remuneration for the prime minister and other ministers were specified in the Part B of the second schedule of the constitution, which was later removed by an amendment. 
    • Prime Minister is covered under the purview of Salaries And Allowances Of Minister Act, 1952. 
    • Leaders of Opposition are covered under the purview of Salary and Allowances of Leaders of Opposition in Parliament, 1977.
UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 35

The Supreme Court is bound to declare a law as invalid if it violates:
1. Fundamental Rights
2. Directive Principles of State Policy
3. Fundamental Duties

Select the correct answer using code given below.

Detailed Solution for UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 35
  1. Article 13 declares that all laws that are inconsistent with or in derogation of any of the fundamental rights shall be void. In other words, it expressively provides for the doctrine of judicial review. This power has been conferred on the Supreme Court (Article 32) and the high courts (Article 226) that can declare a law unconstitutional and invalid on the ground of contravention of any of the Fundamental Rights. 
  2. The Supreme Court held in the Kesavananda Bharati case (1973) that a Constitutional amendment can be challenged on the ground that it violates a fundamental right that forms a part of the ‘basic structure’ of the Constitution and hence, can be declared as void. 
  3. The Directive Principles are non-justiciable in nature, that is, they are not legally enforceable by the courts for their violation. Therefore, the government (Central, state and local) cannot be compelled to implement them. Nevertheless, the Constitution (Article 37) itself says that these principles are fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws. 
  4. Like the Directive Principles, the fundamental duties are also non-justiciable.
UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 36

Consider the following pairs: Case Outcome/Judgement
1. Shankari Prasad case : Parliament can abridge any of the Fundamental Rights
2. Keshvanand Bharti Case : Evolution of Basic structure doctrine
3. Minerva Mills Case : Fundamental Rights and the Directive Principles should be balanced

Which of the pairs given above is/are correctly matched?

Detailed Solution for UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 36
  1. Amendment of constitution especially the fundamental rights has been contested many times in Supreme Court. 
  2. The question of whether Fundamental Rights can be amended by the Parliament under Article 368 came for consideration of the Supreme Court within a year of the Constitution coming into force. 
  3. Shankari Prasad case (1951) 
    • The constitutional validity of the First Amendment Act (1951), which curtailed the right to property, was challenged. 
    • The Supreme Court ruled that the power of the Parliament to amend the Constitution under Article 368 also includes the power to amend Fundamental Rights. 
    • The word ‘law’ in Article 13 includes only ordinary laws and not the constitutional amendment acts (constituent laws). Therefore, the Parliament can abridge or take away any of the Fundamental Rights by enacting a constitutional amendment act and such a law will not be void under Article 13. 
  4. Golak Nath case (1967) 
    • In that case, the constitutional validity of the Seventeenth Amendment Act (1964), which inserted certain state acts in the Ninth Schedule, was challenged. 
    • The Supreme Court ruled that the Fundamental Rights are given a ‘transcendental and immutable’ position and hence, the Parliament cannot abridge or take away any of these rights. 
    • A constitutional amendment act is also a law within the meaning of Article 13 and hence, would be void for violating any of the Fundamental Rights. 
  5. The Parliament reacted to the Supreme Court’s judgement in the Golak Nath case (1967) by enacting the 24th Amendment Act (1971). This Act amended Articles 13 and 368. It declared that the Parliament has the power to abridge or take away any of the Fundamental Rights under Article 368 and such an act will not be a law under the meaning of Article 13.
UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 37

Consider the following statements:
1. Only Parliament shall have the power to make laws restricting the application of Fundamental Rights to members of armed forces.
2. Both Parliament and State Legislature shall have powers to make laws for prescribing punishment for offenses such as traffic in human beings and forced labor.

Which of the statements given above is/are correct?

Detailed Solution for UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 37

Article 35 lays down that the power to make laws, to give effect to certain specified fundamental rights shall vest only in the Parliament and not in the state legislatures. This provision ensures that there is uniformity throughout India with regard to the nature of those fundamental rights and punishment for their infringement. In this direction, Article 35 contains the following provisions: 

  1. The Parliament shall have (and the legislature of a state shall not have) power to make laws with respect to the following matters: 
    • Prescribing residence as a condition for certain employments or appointments in a state or union territory or local authority or other authority (Article 16).
    • Empowering courts other than the Supreme Court and the high courts to issue directions, orders, and writs of all kinds for the enforcement of fundamental rights (Article 32). 
    • Restricting or abrogating the application of Fundamental Rights to members of armed forces, police forces, etc. (Article 33). Hence, statement 1 is correct. 
    • Indemnifying any government servant or any other person for any act done during the operation of martial law in any area (Article 34). 
  2. Parliament shall have (and the legislature of a state shall not have) powers to make laws for prescribing punishment for those acts that are declared to be offenses under the fundamental rights. These include the following: 
    • Untouchability (Article 17).
    • Traffic in human beings and forced labour (Article 23). Hence, statement 2 is not correct.
UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 38

Which of the following cultural and educational rights are guaranteed by the constitution for the protection of the interest of minorities?
1. Right to establish and administer educational institutions of their choice.
2. Right to conserve language, script or culture of their own.
3. Right to impart education to their children in their own language.

Select the correct answer using the code given below.

Detailed Solution for UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 38
  1. Article 29 provides that any section of the citizens residing in any part of India having a distinct language, script, or culture of its own, shall have the right to conserve the same. Article 29 grants protection to both religious minorities as well as linguistic minorities. 
  2. Article 30 grants the following rights to minorities, whether religious or linguistic: 
    • All minorities shall have the right to establish and administer educational institutions of their choice. 
    • The compensation amount fixed by the State for the compulsory acquisition of any property of a minority educational institution shall not restrict or abrogate the right guaranteed to them. 
    • In granting aid, the State shall not discriminate against any educational institution managed by a minority 
  3. The right under Article 30 also includes the right of a minority to impart education to its children in its own language. Hence, option (d) is correct answer.
UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 39

Indian Constitution employs the expression 'Proclamation of Emergency' to denote:

Detailed Solution for UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 39
  1. Article 352 Proclamation of Emergency - The Constitution employs the expression ‘proclamation of emergency’ to denote the National Emergency only due to war, external aggression or armed rebellion. 
  2. An Emergency due to the failure of the constitutional machinery in the states (Article 356) is popularly known as ‘President’s Rule’. It is also known by other two names- ‘State Emergency’ or ‘constitutional Emergency’. However, the Constitution does not use the word ‘emergency’ for this situation. 
  3. Financial Emergency is proclaimed under Article 360 - due to a threat to the financial stability or credit of India.
UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 40

Which of the following term in the Preamble best describes the notion that 'The people of India should behave as if they are members of the same family'?

Detailed Solution for UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 40
  1. Fraternity means a sense of brotherhood. It means 'All of us should behave as if we are members of the same family. No one should treat a fellow citizen as inferior.' The citizens need to internalize the principles of equality, justice and liberty to promote fraternity among all, regardless of religious beliefs, regional and local diversity. 
  2. The Constitution promotes this feeling of fraternity by the system of single citizenship. Also, the Fundamental Duties (Article 51-A) say that it shall be the duty of every citizen of India to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic, regional or sectional diversities. 
  3. The Preamble declares that fraternity has to assure two things the dignity of the individual and the unity and integrity of the nation. The word ‘integrity’ has been added to the preamble by the 42nd Constitutional Amendment (1976). 
  4. The phrase ‘unity and integrity of the nation’ embraces both the psychological and territorial dimensions of national integration. It aims at overcoming hindrances to national integration like communalism, regionalism, casteism, linguism, secessionism etc.
UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 41

Which of the following cases may be considered as a violation of Fundamental Rights guaranteed under Article 19?
1. Prohibiting women from opening up a new IT office.
2. Forcing people from certain castes to perform traditional occupations.
3. Denial of general information regarding the administration of government.

Select the correct answer using the code given below.

Detailed Solution for UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 41
  1. Article 19 under part III of the Indian Constitution guarantees all citizens the right to:
    • Freedom of speech and expression 
    • Assembly in a peaceful manner 
    • Form associations and unions 
    • Move freely throughout the country 
    • Reside in any part of the country, and 
    • Practice any profession, or to carry on any occupation, trade or business. 
  2. The Constitution of India, therefore taking into consideration the need and the importance of work, enshrines and has guaranteed a fundamental right under Article 19( 1) (g) to practise any profession, or to carry on any occupation, trade or business, to all the citizens residing with the jurisdiction of the country. This right aims at the welfare and well being of the citizens as well as the nation as a whole. Under this article, every citizen has the right to choose an employment, or take up any trade or occupation etc as per his volition and free will, but at the same time, the State has the right to impose certain limits, which it feels necessary for the interest of the public. 
  3. The right to carry a business also includes the right to close it, at any time depending upon the desire of the owner. The State cannot compel any citizen to run a business which is against his will. The right to close down a business cannot be equated with the right not to start and carry on a business. If a person does not wish or even plan to start any kind of business, he cannot be pressurized to start one, it is completely up to his discretion. 
  4. The right is very wide as it covers all the means of earning one’s livelihood. Therefore, no one can be forced to do or not to do a certain job. Thus, Women cannot be told that some kinds of occupations are not for them as every citizen of the country is given the right to practice any profession. 
  5. Also, people from deprived castes cannot be kept to their traditional occupations as it would violate their freedom to choose different occupation/ profession. Hence, both the above cases may be considered as a violation of Fundamental Right guaranteed under Article 19. 
  6. Right to know about government activities is a fundamental right guaranteed under Article 19(a) Right to Freedom of Speech and expression. The RTI has been accepted as a fundamental right of citizens under Article 19 (1)(a). Therefore, denial of information on government activities can be considered as a violation of the fundamental right under Article 19. Hence, option (d) is correct
UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 42

Consider the following statements:
1. A candidate contesting an election to the Rajya Sabha from a particular state should be an elector in that particular state.
2. A member of scheduled castes or scheduled tribes can not contest a seat in the Lok Sabha not reserved for them.
3. In the Rajya Sabha seats are reserved for scheduled caste and scheduled tribes as per the fourth schedule of the Indian Constitution.

Which of the statements given above are not correct?

Detailed Solution for UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 42
  1. The Constitution lays down the following qualifications for a person to be chosen a member of the Parliament:
    • He must be a citizen of India.
    • He must make and subscribe to an oath or affirmation before the person authorized by the election commission for this purpose. 
    • He must be not less than 30 years of age in the case of the Rajya Sabha and not less than 25 years of age in the case of the Lok Sabha. 
    • He must possess other qualifications prescribed by Parliament. 
  2. The Parliament has laid down the following additional qualifications in the Representation of People Act (1951): 
    • He must be registered as an elector for a parliamentary constituency. This is the same in the case of both, the Rajya Sabha and the Lok Sabha. 
    • The requirement that a candidate contesting an election to the Rajya Sabha from a particular state should be an elector in that particular state was dispensed within 2003. Hence statement 1 is not correct. 
    • He must be a member of a scheduled caste or scheduled tribe in any state or union territory if he wants to contest a seat in Lok Sabha reserved for them. However, a member of scheduled castes or scheduled tribes can also contest a seat not reserved for them. Hence statement 2 is not correct. 
  3. In the Rajya Sabha seats are not reserved for scheduled caste and scheduled tribes. Hence statement 3 is not correct.
UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 43

With reference to the removal of judges of the High court, consider the following statements:
1. A judge of a high court can be removed on the same grounds as a judge of the Supreme Court.
2. Judges of the high court are removed by the order of the Governor of the concerned state.
3. Judges Enquiry Act, 1968 regulates the procedure relating to the removal of a judge of the High court.

Which of the statements given above are correct?

Detailed Solution for UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 43
  1. A judge of high court can be removed by order of the President. President can issue a removal order only after an address by the Parliament has been presented to him for such removal. The address must be supported by a special majority of each House of Parliament. Hence statement 2 is not correct. 
  2. There are only two grounds of removal for a judge of the Supreme Court – Proved misbehavior and incapacity. The judge of high court can be removed in the same manner and on the same grounds as a judge of the Supreme Court. Hence statement 1 is correct. 
  3. The procedure for the removal of judges is elaborated in the Judges Inquiry Act, 1968. Hence statement 3 is correct.
UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 44

Which of the following statements is correct in the context of the prorogation of the session of Parliament?

Detailed Solution for UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 44
  1. The presiding officer (Speaker or Chairman) declares the House adjourned sine die when the business of a session is completed. Within the next few days, the President issues a notification for the prorogation of the session. However, the President can also prorogue the House while in session. 
  2. It not only terminates a sitting but also a session of the House. 
  3. It does not affect the bills or any other business pending before the House. Under Article 107 (3) of the Constitution, a bill pending in Parliament shall not lapse by reason of the prorogation of the Houses. 
  4. However, all pending notices (other than those for introducing bills) lapse on prorogation and fresh notices have to be given for the next session. In Britain, prorogation brings to an end all bills or any other business pending before the House. 
  5. Hence option (b) is the correct answer.
UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 45

The 'recess' of a House of the Parliament is defined as

Detailed Solution for UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 45
  1. The President from time to time summons each House of Parliament to meet. But, the maximum gap between two sessions of Parliament cannot be more than six months. 
  2. A ‘session’ of Parliament is the period spanning between the first sitting of a House and its prorogation (or dissolution in the case of the Lok Sabha). During a session, the House meets every day to transact business. A session of Parliament consists of many meetings. 
  3. Each meeting of the day consists of two sittings, that is, a morning sitting from 11 am to 1 pm and post-lunch sitting from 2 pm to 6 pm.
    (i) A sitting of Parliament can be terminated by adjournment or adjournment sine die or prorogation or dissolution (in case of the Lok Sabha).
    (ii) An adjournment suspends the work in a sitting for a specified time, which may be hours, days or weeks. 
  4. The presiding officer (Speaker or Chairman) declares the House adjourned sine die when the business of a session is completed. Within the next few days, the President issues a notification for the prorogation of the session. However, the President can also prorogue the House while in session. 
  5. The period spanning between the prorogation of a House and its reassembly in a new session is called ‘recess’. 
  6. Hence option (b) is the correct answer.
UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 46

Who among the following takes part in the appointment of High Court Judges?
1. President
2. Chief Justice of India
3. Governor of the concerned state
4. Chief Justice of the concerned high court
5. Chief Secretary of the concerned state
6. Leader of opposition in the state assembly

Select the correct answer using the code given below.

Detailed Solution for UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 46

Article 217, which deals with the appointment of High Court judges, says the President should consult the Chief Justice of India, Governor of the concerned state, and Chief Justice of the High Court concerned. Hence option (a) is the correct answer.

UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 47

Which of the following statements best describes delegated legislation?

Detailed Solution for UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 47
  1. The primary function of Parliament is to make laws for the governance of the country. It has exclusive power to make laws on the subjects enumerated in the Union List and on the residuary subjects (that is, subjects not enumerated in any of the three lists). 
  2. With regard to Concurrent List the Parliament has overriding powers, that is, the law of Parliament prevails over the law of the state legislature in case of a conflict between the two. 
  3. The Constitution also empowers the Parliament to make laws on the subjects enumerated in the State List under the following five abnormal circumstances: 
    • When Rajya Sabha passes a resolution to that effect 
    • When a proclamation of National Emergency is in operation. 
    • When two or more states make a joint request to the Parliament. 
    • When necessary to give effect to international agreements, treaties, and conventions. 
    • When President’s Rule is in operation in the state. 
  4. The Parliament makes laws in a skeleton form and authorizes the Executive to make detailed rules and regulations within the framework of the parent law. This is known as delegated legislation or executive legislation or subordinate legislation. Such rules and regulations are placed before the Parliament for its examination. 
  5. Hence option (d) is the correct answer.
UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 48

Consider the following statements about the Chairman of the Rajya Sabha:
1. He is not a member of the House, but he can cast a vote in the case of an equality of votes.
2. When the Vice-President acts as President or discharges the functions of the President, he does not perform the duties of the office of the Chairman of Rajya Sabha.

Which of the statements given above is/are correct?

Detailed Solution for UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 48
  1. The presiding officer of the Rajya Sabha is known as the Chairman. 
  2. The vice-president of India is the ex-officio Chairman of the Rajya Sabha. 
  3. During any period when the Vice-President acts as President or discharges the functions of the President, he does not perform the duties of the office of the Chairman of Rajya Sabha. Hence statement 2 is correct. 
  4. The Chairman of the Rajya Sabha can be removed from his office only if he is removed from the office of the Vice-President. 
  5. As a presiding officer, the powers and functions of the Chairman in the Rajya Sabha are similar to those of the Speaker in the Lok Sabha. However, the Speaker presides over a joint sitting of two Houses of Parliament and the Chairman of Rajya Sabha can not preside over a joint sitting of the two Houses of Parliament under any circumstances. 
  6. Unlike the Speaker (who is a member of the House), the Chairman is not a member of the House. The Chairman can not vote in the first instance. However, he can cast a vote in the case of an equality of votes. Hence statement 1 is correct. 
  7. The Vice-President cannot preside over a sitting of the Rajya Sabha as its Chairman when a resolution for his removal is under consideration. However, he can be present and speak in the House and can take part in its proceedings, without voting, even in the case of an equality of votes (while the Speaker can vote in the first instance when a resolution for his removal is under consideration of the Lok Sabha). 
  8. The salaries and allowances of the Chairman are fixed by the Parliament. They are charged on the Consolidated Fund of India and thus are not subject to the annual vote of Parliament. 
  9. During any period when the Vice-President acts as President or discharges the functions of the President, he is not entitled to any salary or allowance payable to the Chairman of the Rajya Sabha. But he is paid the salary and allowance of the President during such a time.
UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 49

Consider the following statements in the context of Constitutional amendment bill:
1. It can be introduced in either House of Parliament.
2. It can be introduced by a minister only.
3. If it is duly passed by both the Houses of Parliament, the President must give his assent to the bill.

Which of the statements given above are correct?

Detailed Solution for UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 49

The procedure for the amendment of the Constitution as laid down in Article 368 is as follows: 

  1. An amendment of the Constitution can be initiated only by the introduction of a bill for the purpose in either House of Parliament and not in the state legislatures. Hence statement 1 is correct. 
  2. The bill can be introduced either by a minister or by a private member and does not require prior permission of the president. Hence statement 2 is not correct. 
  3. The bill must be passed in each House by a special majority, that is, a majority (that is, more than 50 per cent) of the total membership of the House and a majority of two-thirds of the members of the House present and voting. 
  4. 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. 
  5. 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. 
  6. After duly passed by both the Houses of Parliament and ratified by the state legislatures, where necessary, the bill is presented to the president for assent. 
  7. 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. Hence statement 3 is correct. 
  8. 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.
UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 50

Consider the following statements regarding the appointment of judges to the Supreme Court:
1. The judges of the Supreme Court are appointed by a group of judges called the collegium.
2. A distinguished jurist is eligible to become a judge of the Supreme Court with the final approval of the President.

Which of the above statements is/are correct?

Detailed Solution for UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 50
  1. According to Article 124(2) every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal after consultation with such of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary for the purpose and shall hold office until he attains the age of sixty-five years:
    • Provided that in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of India shall always be consulted. Hence statement 1 is not correct. 
  2. The opinion of the Chief Justice of India for the appointment of a judge of the Supreme Court should be formed in consultation with a collegium of the four senior most puisne Judges of the Supreme Court. 
  3. The collegium sends its final recommendation to the President of India for approval. The President can either accept it or reject it. In the case it is rejected, the recommendation comes back to the collegium. If the collegium reiterates its recommendation to the President, then he/she is bound by that recommendation. 
  4. Eligibility to become a Supreme Court judge: 
    • To become a judge of the Supreme court, an individual should be an Indian citizen. 
    • In terms of age, a person should not exceed 65 years of age. 
    • The person should serve as a judge of one high court or more (continuously), for at least five years or the person should be an advocate in the High court for at least 10 years or a distinguished jurist. Hence statement 2 is correct
UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 51

Consider the following statements about the Leader of the Opposition:
1. The office of the leader of the Opposition is not mentioned in the Constitution of India.
2. They are entitled to the salary, allowances and other facilities equivalent to that of a cabinet minister.

Which of the statements given above is/are correct?

Detailed Solution for UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 51
  1. The offices of the leader of the House and the leader of the Opposition are not mentioned in the Constitution of India, they are mentioned in the Rules of the House and Parliamentary Statute respectively. Hence statement 1 is correct. 
  2. Leader of the House: 
    • Under the Rules of Lok Sabha, the ‘Leader of the House’ means the prime minister, if he is a member of the Lok Sabha or a minister who is a member of the Lok Sabha and is nominated by the prime minister to function as the Leader of the House. 
    • There is also a ‘Leader of the House’ in the Rajya Sabha. He is a minister and a member of the Rajya Sabha and is nominated by the prime minister to function as such. 
  3. Leader of the Opposition: 
    • In each House of Parliament, there is the ‘Leader of the Opposition’. 
    • The leader of the largest Opposition party having not less than one-tenth seats of the total strength of the House is recognized as the leader of the Opposition in that House. 
    • His main functions are to provide constructive criticism of the policies of the government and to provide an alternative government. 
    • They are also entitled to the salary, allowances, and other facilities equivalent to that of a cabinet minister. Hence statement 2 is correct.
UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 52

Which of the following suggested that the states having legislative councils should have representation from local governments?

Detailed Solution for UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 52
  1. Punchhi Commission: The Second commission on Centre-State Relations was set-up by the Government of India in April 2007 under the Chairmanship of Madan Mohan Punchhi, former Chief Justice of India. It was required to look into the issues of Centre-State relations. The important recommendations are mentioned below:
    • To facilitate effective implementation of the laws on List III subjects, it is necessary that some broad agreement is reached between the Union and states before introducing legislation in Parliament on matters in the Concurrent List.
  2. New all-India services in sectors like health, education, engineering, and judiciary should be created. 
  3. A balance of power between states inter se is desirable and this is possible by equality of representation in the Rajya Sabha. This requires amendment of the relevant provisions to give equality of seats to states in the Rajya Sabha, irrespective of their population size. 
  4. The scope of devolution of powers to local bodies to act as institutions of self-government should be constitutionally defined through appropriate amendments. Also recommended that the states having legislative councils should have representation from local governments. Hence option (b) is the correct answer.
UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 53

Which of the following qualifications is/are required for a person to be chosen as a member of the state legislative assembly?
1. He must be an elector for any assembly constituency in the concerned state.
2. He must not be less than thirty years of age.

Select the correct answer using the code given below.

Detailed Solution for UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 53
  1. Qualifications: The Constitution lays down the following qualifications for a person to be chosen as a member of the state legislature. 
    • He must be a citizen of India. 
    • He must make and subscribe to an oath or affirmation before the person authorized by the Election Commission for this purpose. 
  2. In his oath or affirmation, he swears 
    • To bear true faith and allegiance to the Constitution of India 
    • To uphold the sovereignty and integrity of India 
  3. He must be not less than 30 years of age in the case of the legislative council and not less than 25 years of age in the case of the legislative assembly. Hence, statement 2 is not correct. 
  4. He must possess other qualifications prescribed by Parliament. 
  5. Accordingly, the Parliament has laid down the following additional qualifications in the Representation of People Act (1951): 
    • A person to be elected to the legislative council must be an elector for an assembly constituency in the concerned state and to be qualified for the governor’s nomination, he must be a resident in the concerned state. Hence, statement 1 is correct.
UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 54

Which of the following can be included in the definition of “State” used in different provisions concerning the fundamental rights?
1. Public Sector Banks
2. Electricity Boards
3. District Planning Boards

Select the correct answer using the code given below.

Detailed Solution for UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 54
  1. The term ‘State’ has been used in different provisions concerning fundamental rights. Hence, Article 12 has defined the term for the purposes of Part III. According to it, the State includes the following: 
    • Government and Parliament of India, that is, executive and legislative organs of the Union government. 
    • Government and legislature of states, that is, executive and legislative organs of state government. 
    • All local authorities, that is, municipalities, panchayats, district boards, improvement trusts, etc. o All other authorities, that is, statutory or non-statutory authorities like LIC, ONGC, SAIL, etc.
  2. Thus, State has been defined in a wider sense so as to include all its agencies. It is the actions of these agencies that can be challenged in the courts as violating the Fundamental Rights. Thus, Public Sector Banks, Electricity Boards, and District Planning Boards fall under the definition of 'State' concerning the Fundamental Rights. 
  3. Hence all the options are correct.
UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 55

The idea of a Constituent Assembly of India was first put forward by:

Detailed Solution for UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 55
  • The idea of the Constituent Assembly of India was first put forward by Manabendra Nath Roy or M.N. Roy in 1934. 
  • In 1935, it became the official demand of INC. It was accepted in August 1940 in the August Offer however, it was constituted under the Cabinet Mission plan 1946. Hence option (d) is the correct answer. 
  • The historic Objectives Resolution was moved by Jawaharlal Nehru on 13 December 1946.
UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 56

The term 'Cytokine storm' recently seen in news is related to:

Detailed Solution for UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 56
  • Recent context: The term is in news with regard to COVID-19. 
  • About Cytokine storm: A cytokine storm is an overproduction of immune cells and their activating compounds (cytokines), which, in a flu infection, is often associated with a surge of activated immune cells into the lungs. Hence option (a) is the correct answer.
UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 57

Consider the following statements regarding Article 13 of the Indian Constitution:
1. The power of judicial review of the Supreme Court and High court is derived from it.
2. Article 13 exempts all Constitutional Amendment acts from Judicial Review.

Which of the statements given above is/are correct?

Detailed Solution for UPSC CSE Prelims Paper 1 Practice Test - 23 - Question 57
  1. Article 13 declares that all laws that are inconsistent with or in derogation of any of the fundamental rights shall be void. In other words, it expressively provides for the doctrine of judicial review. This power has been conferred on the Supreme Court (Article 32) and the high courts (Article 226) that can declare a law unconstitutional and invalid on the ground of contravention of any of the Fundamental Rights. Hence, statement 1 is correct. 
  2. The term ‘law’ in Article 13 has been given a wide connotation so as to include the following:
    • Permanent laws enacted by the Parliament or the state legislatures; 
    • Temporary laws like ordinances issued by the president or the state governors; 
    • Statutory instruments in the nature of delegated legislation (executive legislation) like order, bye-law, rule, regulation or notification; and 
    • Non-legislative sources of law, that is, custom or usage having the force of law. 
  3. Further, Article 13 declares that a constitutional amendment is not a law and hence cannot be challenged. However, the Supreme Court held in the Kesavananda Bharati case (1973) that a Constitutional amendment can be challenged on the ground that it violates a fundamental right that forms a part of the ‘basic structure’ of the Constitution and hence, can be declared as void. Hence statement 2 is not correct.