Practice Test: Polity- 2 - UPSC MCQ

The Union Territory of Jammu and Kashmir will have a Council of Ministers of not more than ten per cent of the total number of members in the Assembly. The Council will aide and advise the Lieutenant Governor on matters that the Assembly has powers to make laws. The Chief Minister will communicate all decisions of the Council to the Lieutenant Governor.

The Cabinet Mission Plan was formulated in 1946 to outline the framework for the drafting of the Indian Constitution. The plan led to the creation of the Constituent Assembly, which was responsible for drafting the Constitution. The following statements about the plan are correct:

1. Allocation of seats for each province and princely state to be in proportion to their respective population - This was done to ensure that every region had fair representation in the Constituent Assembly.
2. Representatives to be elected through proportional representation using a single transferable vote - This method of election was chosen to ensure that minority groups would also have a voice in the drafting of the Constitution.
3. The representatives of the princely state were to be nominated by the heads of princely states - The princely states were not directly represented in the Assembly, but their representatives were nominated by the heads of the states to participate in the drafting process.
4. Out of 296 seats allotted to British India, 292 members were to be drawn from the governor’s provinces and 4 from the chief commissioners’ provinces - This allocation ensured that both the provinces directly governed by the British and those with more autonomy had representation in the Constituent Assembly.

The Supreme Court, however, held that the Preamble is a part of the Constitution. The Court stated that the opinion tendered by it in the Berubari Union (1960) in this regard was wrong, and held that the Preamble can be amended, subject to the condition that no amendment is done to the ‘basic features’. In other words, the Court held that the basic elements or the fundamental features of the Constitution as contained in the Preamble cannot be altered by an amendment under Article 368.
Correct option is A.

As originally enacted the preamble described the state as a "sovereign democratic republic", to which the terms "Secular" and "Socialist" were later passed by the Parliament during The Emergency in the 42nd Amendment. The preamble was amended only once on 18 December 1976.

Explanation:

• Statement 1: The writ can be issued only in case of a substantive public office of a permanent character created by a statute or by the Constitution.

  This statement is correct. Quo Warranto is a legal action through which an individual's right to hold a public office is challenged. It can only be issued in cases where there is a substantive public office of a permanent character that has been created by a statute or by the Constitution.

• Statement 2: It cannot be issued in cases of ministerial office or private office.

  This statement is also correct. Quo Warranto is specifically meant for challenging the right to hold public office, and cannot be issued in cases of ministerial or private office, which are not considered public offices of a permanent character.

Therefore, both statements 1 and 2 are correct in relation to the issuance of Quo Warranto.

The concept of martial law has been borrowed in India from the English common law. However, the expression ‘martial law' has not been defined anywhere in the Constitution. It means “military rule'. It refers to a situation where civil administration is run by the military authorities according to their own rules and regulations framed outside the ordinary law. It thus implies the suspension of ordinary law and the government by military tribunals. It is different from military law that applies to the armed forces.

• The nominated members of both of Houses of Parliament, the nominated members of the state legislative assemblies, the members (both elected and nominated) of the state legislative councils (in case of the bicameral legislature) and the nominated members of the Legislative Assemblies of Delhi and Puducherry do not participate in the election of the President.
• An assembly is dissolved. The members cease to be qualified to vote in the presidential election, even if fresh elections to the dissolved assembly are not held before the presidential election.
• While electing and impeaching Vice- President, nominated members to participate.
• The nominated members of either House of Parliament can participate in the impeachment of the President though they do not participate in his election

The election of a person as Vice-President cannot be challenged on the ground that the electoral college was incomplete (i.e., the existence of any vacancy among the members of the electoral college). If the election of a person as Vice-President is declared void by the Supreme Court, acts done by him before the date of such declaration of the Supreme Court are not invalidated (i.e., they continue to remain in force).

• Cabinet Ministers are usually top-level leaders of the ruling party or parties in charge of the major ministries.
• Since it is not practical for all ministers to meet regularly and discuss everything, the decisions are taken in Cabinet meetings. The cabinet works as a team.
• The ministers may have different views and opinions, but everyone has to own up to the Cabinet's decision. No minister can openly criticise the government's decision, even if it is about another Ministry or Department. Every ministry has secretaries, who are civil servants. The secretaries provide the necessary background information to the ministers to take decisions.

• The Grounds for removal of Judge of SC are two - proved misbehaviour and incapacity.
• The removal procedure is regulated by The Judges Enquiry Act 1968.

• It was introduced by Justice P.N. Bhagwati of the Supreme Court.
• It was not mentioned in the constitution of India nor any law enacted by Parliament. It is a result of Judicial activism.
• An individual or group of people directly files public Interest Litigation in the supreme court.
• It was felt that the government undermines its interests. In such a situation, the court directly accepts the public good. It is a new legal horizon in which the court of law can initiate and enforce action to serve and secure significant Public Interest.

The features of parliamentary government in India are:

• Presence of nominal and real executives;
• Majority party rule,
• Collective responsibility of the executive to the legislature,
• Membership of the ministers in the legislature,
• Leadership of the prime minister or the chief minister,
• Dissolution of the lower House (Lok Sabha or Assembly).

There are some differences between the British Parliamentary system and that of India. For example, the Indian Parliament is not a sovereign body like the British Parliament. Also, the Indian State has an elected head (republic) while the British State has hereditary head (monarchy).
 

Correct option is C. Both 1 and 2 are correct.
1. The President can make such provision as he thinks fit for the discharge of the functions of the governor in any contingency not provided for in the Constitution, for example, the death of a sitting governor.
2. The Chief Justice of the concerned state high court may be appointed temporarily to discharge the functions of the governor if the President thinks. The idea is that there must be Governor in the state and it can not be vacant.

The chief minister  plays a very significant and highly crucial role in the state administration and it is the function of the Chief Minister shall communicate to the Governor all decisions of the Council of Ministers relating to the administration and the affairs of the State and proposals for legislation.

Quorum is the minimum number of members required to be present in the House before it can transact any business. It is ten members or one-tenth of the total number of members of the House (including the presiding officer), whichever is greater.

It is said that the high court is the primary court of appeal i.e. it has power to hear the appeals against the judgment of the subordinate courts within its territories. This power can be classified into 2 categories-Civil jurisdiction and Criminal jurisdiction In civil cases its jurisdiction includes the orders and judgments of the district courts, additional district courts and other subordinate courts. In criminal cases its jurisdiction includes judgments relating to sessions courts and additional sessions courts.

Below the District and Sessions Court stands the Court of Subordinate Judge on the civil side and the Court of Chief Judicial Magistrate on the criminal side. The subordinate judge exercises unlimited pecuniary jurisdiction over civil suits'. The chief judicial magistrate decides criminal cases which are punishable with imprisonment for a term up to seven years.

The Union Territory of Jammu and Kashmir will have a Council of Ministers of not more than ten per cent of the total number of members in the Assembly. The Council will aide and advise the Lieutenant Governor on matters that the Assembly has powers to make laws. The Chief Minister will communicate all decisions of the Council to the Lieutenant Governor.

• Right to freedom of Religion (Articles 25 to 28) o Freedom from Taxation for the Promotion of a Religion under Article 27 lays down that no person shall be compelled to pay any taxes for the promotion or maintenance of any particular religion or religious denomination.
  • In other words, the State should not spend the public money collected by way of tax for the promotion or maintenance of any particular religion. Hence, statement 1 is correct.
  • This provision prohibits the State from favouring, patronising and supporting one religion over the other. This means that taxes can be used for the promotion or maintenance of all religions.
  • This provision prohibits only the levy of a tax and not a fee. This is because the purpose of a fee is to control the secular administration of religious institutions and not to promote or maintain the religion. Hence, statement 2 is not correct.
  • Thus, a fee can be levied on pilgrims to provide them with some special service or safety measures. Similarly, a fee can be levied on religious endowments for meeting the regulation expenditure.

• Modern democratic governments are classified into parliamentary and presidential on the basis of nature of relations between the executive and the legislative organs of the government.
  • The parliamentary system of government is one in which the executive is responsible to the legislature for its policies and acts. The presidential system of government, on the other hand, is one in which the executive is not responsible to the legislature for its policies and acts, and is constitutionally independent of the legislature in respect of its term of office.
• Advantages of the Parliamentary System
  • Harmony Between Legislature and Executive
    • The greatest advantage of the parliamentary system is that it ensures harmonious relationship and cooperation between the legislative and executive organs of the government. The executive is a part of the legislature and both are interdependent at work.
  • Responsible Government
    • By its very nature, the parliamentary system establishes a responsible government. The ministers are responsible to the Parliament for all their acts of omission and commission. The Parliament exercises control over the ministers through various devices like question hour, discussions, adjournment motion, no confidence motion.
  • Ready Alternative Government
    • In case the ruling party loses its majority, the Head of the State can invite the opposition party to form the government. This means an alternative government can be formed without fresh elections. Hence, Dr. Jennings says, ‘the leader of the opposition is the alternative prime minister’.
  • Wide Representation
    • In a parliamentary system, the executive consists of a group of individuals (i.e., ministers who are representatives of the people). Hence, it is possible to provide representation to all sections and regions in the government. The prime minister while selecting his ministers can take this factor into consideration.
  • Prevents Despotism.
    • Demerits of the parliamentary system
  • Continuity of Policies
    • The parliamentary system is not conducive to the formulation and implementation of long-term policies. This is due to the uncertainty of the tenure of the government. A change in the ruling party is usually followed by changes in the policies of the government.
  • Unstable Government
  • Dictatorship of the Cabinet
  • Against strict separation of powers
  • Government by Amateurs
• Hence option (c) is the correct answer.
   

• In USA both the members of the executive and legislative are elected separately and they execute their work in their spheres, so the executives are independent of legislature. So, Statement 1 could be eliminated.
• In a parliamentary system like India, the Council of Ministers (Executive) is dependent on the support of the majority in the legislature. This also means that the Council of Ministers may be removed at any time and a new Council of Ministers will have to be put in place. (Parliamentary form of government) Whereas in the USA, they have a Presidential form of Government in which the President is directly elected by the people and is not either dependent or accountable to the legislature. Hence, there is no convergence, with respect to the given matter (Executive dependent upon majority in the legislature), in the USA and India. So, Statement 1 is not correct.
• Having a fixed tenure for the Head of the State in both the Presidential form of Government in USA and the Parliamentary form of Government in India, the Elections are held periodically which ensures the assessment of the responsibility of the executive. So, Statement 2 is correct.

• According to Article 20(1), No person can be convicted except for the violation of an offence under the law prevalent at the time of commission of the act charged as an offence. It prohibits retrospective legislation only for Criminal laws. Any retrospective increase in the penalty (or) the punishment for an offence provided is valid for civil and tax laws and not for criminal laws. So, Statement 1 is correct.
• Article 20(3) prohibits the compulsion to give self-incriminating evidence only in criminal proceedings and not for civil proceedings. An accused cannot be compelled to be a witness against himself/herself. So, Statement 2 is not correct.
• Article 20(2) states that No person shall be prosecuted and punished for same offence more than once which means that, this article provides immunity from double jeopardy not only against Punishment for an offence but also against Prosecution. So, Statement 3 is correct.

Equality

• The term ‘equality’ means the absence of special privileges to any section of society and the provision of adequate opportunities for all individuals without any discrimination. The Preamble secures all citizens of India equality of status and opportunity. This provision embraces three dimensions of equality–civic, political, and economic.
• There are some provisions in the Constitution that seek to achieve political equality.
  • No person is to be declared ineligible for inclusion in electoral rolls on grounds of religion, race, caste, or sex (Article 325). Hence, statement 3 is correct.
  • Elections to the Lok Sabha and the state assemblies were to be on the basis of adult suffrage (Article 326). Hence, statement 1 is correct.
• The following provisions of the chapter on Fundamental Rights ensure civic equality:
  • Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth (Article 15).
  • Equality of opportunity in matters of public employment (Article 16).
  • Abolition of untouchability (Article 17).
  • Abolition of titles (Article 18). Hence, statement 2 is not correct.

• The Constituent Assembly held its first meeting on December 9, 1946. On December 13, 1946, Jawaharlal Nehru moved the historic ‘Objectives Resolution’ in the Assembly. It laid down the fundamentals and philosophy of the constitutional structure. This Resolution was unanimously adopted by the Assembly on January 22, 1947.
• After the acceptance of the Mountbatten Plan of June 3, 1947, for the partition of the country, the representatives of most of the other princely states took their seats in the Assembly. The members of the Muslim League from the Indian Dominion also entered the Assembly.
  • The Assembly was made a fully sovereign body, which could frame any Constitution it pleased.
  • Two separate functions were assigned to the Assembly, that is, making of the Constitution for free India and enacting ordinary laws for the country. Whenever the Assembly met as the Constituent body it was chaired by Dr. Rajendra Prasad and when it met as the legislative body , it was chaired by G.V. Mavlankar. Hence statement 1 is not correct.
  • The Muslim League members (hailing from the areas included in Pakistan) withdrew from the Constituent Assembly for India. Consequently, the total strength of the Assembly came down to 299 as against 389 originally fixed in 1946 under the Cabinet Mission Plan.
• In addition to the making of the Constitution and enacting of ordinary laws, the Constituent Assembly also performed the following functions:
  • It ratified India’s membership of the Commonwealth in May 1949. o It adopted the national flag on July 22, 1947. o It adopted the national anthem on January 24, 1950. o It adopted the national song on January 24, 1950. Hence statement 2 is not correct.
  • It elected Dr. Rajendra Prasad as the first President of India on January 24, 1950.
• In all, the Constituent Assembly had 11 sessions over two years, 11 months and 18 days. On January 24, 1950, the Constituent Assembly held its final session. It, however, did not end, and continued as the provisional  parliament of India from January 26, 1950, till the formation of new Parliament after the first general elections in 1951–52.

The constituent assembly appointed committees to handle different works of constitution making.
Of that 8 were major committees and others were minors.

1. Jawaharlal Nehru - States Committee (Committee for Negotiating with States)
2. Pattabhi Sitaramayya - House Committee
3. Dr. Rajendra Prasad - Rules of Procedure Committee
4. Sardar Patel - Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas

So, Option (c) is correct.
 

• Cases related to dispute/conflict between Fundamental Right and Directive Principles of State Policy (DPSPs) -:
  • Champakam Dorairajan Case, 1951 - In this case, Supreme Court ruled that in case of any conflict between FRs and DPSPs, FRs would prevail. It declared that DPSPs have to conform to and run as subsidiaries to the fundamental right. However, it also held that FRs could be amended by the Parliament through constitutional amendment acts. This led to the First, Fourth, and Seventeenth Amendment Act to implement some of the DPSPs.
  • Golak Nath case, 1967 - In this case, Supreme Court held that Parliament can’t take away or abridge any of the Fundamental Rights, which are ‘sacrosanct’ in nature. Hence, the court held that Fundamental Rights can’t be amended for the implementation of DPSPs. This led to the enactment of the 24th Amendment Act and the 25 amendment Act which inserted a new Article 31C.
  • Kesavanand Bharti case, 1973 - In this case, Supreme Court declared the second provision of Article 31C as unconstitutional and invalid on the ground that judicial review is a basic feature of the Constitution. This led to the enactment of the 42nd Amendment Act which gave legal primacy and supremacy to the DPSPs over FRs conferred by Articles 14, 19, and 21.
  • Minerva Mills case, 1980 - In this case, Supreme Court held the primacy of DPSPs over FRs as unconstitutional and invalid. It led to the subordination of DPSPs over FRs. However, FRs conferred by Articles 14 and 19 were accepted as subordinate to the DPSPs specified under Article 39(b) and (c).
• The present position is that the FRs enjoy supremacy over DPSPs. However, Parliament can amend the FRs for implementing the DPSP, so long as the amendment doesn’t destroy of the basic feature of the constitution.
• Maneka Gandhi case, 1978 - It deals with rights guaranteed under Article 21 of the Constitution. Prior to this, there was ‘procedure prescribed by law’ which was replaced by ‘due process of law’ with respect to article 21 of the Constitution.
• IR Coelho case in 2007—popularly known as the Ninth Schedule case—the Supreme Court took this further and argued that if the purpose of inserting a law into the Ninth Schedule was to undo a judgment of the Supreme Court, this could be examined by the courts. Also, the Supreme Court held that the laws placed under IX schedule after Kesavananda Bharati's judgment (24th April 1973 ) cannot be exempt from Judicial review.

• The Constitution confers the following rights and privileges on the citizens of India (and denies the same to aliens):
  • Right against discrimination on grounds of religion, race, caste, sex or place of birth (Article 15). Hence option 1 is correct.
  • Right to equality of opportunity in the matter of public employment (Article 16).
  • Right to freedom of speech and expression, assembly, association, movement, residence, and profession (Article 19). Hence option 2 is correct.
  • Cultural and educational rights (Articles 29 and 30).
  • Right to vote in elections to the Lok Sabha and state legislative assembly.
  • Right to contest for membership of the Parliament and the state legislature.
  • Eligibility to hold certain public offices, that is, President of India, Vice-President of India, judges of the Supreme Court and the high courts, Governor of states, Attorney General of India, and Advocate General of states. Hence options 3 and 4 are correct.

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

Statement 1 is correct: With the help of Regulating Act of 1773 British Government took its first step to control and regulate the affairs of the East India Company in India. It not only recognized the political and administrative functions of the company but laid the foundations of central administration in India.
Statement 2 is incorrect: The Regulating Act of 1773 prohibited the servants of the Company to engage in any private trade or accepting bribes from the natives.
Features of the Act of 1773:

• Act designated the Governor of Bengal as the ‘Governor-General of Bengal’ (Lord Warren Hastings.) and created an Executive Council of four members to assist him.
• Act made the governors of Bombay and Madras presidencies subordinate to the governor-general of Bengal, unlike earlier, when the three presidencies were independent of one another.
• Act provided for the establishment of a Supreme Court at Calcutta (1774) (1 chief justice and 3 judges).
• Act prohibited the servants of the Company from engaging in any private trade or accepting presents or bribes from the natives.
• Act strengthened the control of the British Government over the Company by requiring the Court of Directors (governing body of the Company) to report on its revenue, civil, and military affairs in India.

The Constitution of India explicitly confers some fundamental rights to the citizens of India exclusively. The right under article 15 i.e. Right against discrimination, article 16 - the right to equality of opportunity in matters of employment and six freedoms under article 19 are guaranteed only to citizens of India.

Freedom of speech and expression is guaranteed under Article 19(1) of the Indian constitution. It implies that every citizen has the right to express his views, opinions, belief, and convictions. The Supreme Court held that the freedom of speech and expression includes the following -:

• Right to propagate one's views as well as views of others.
• Freedom of press
• Freedom of Commercial advertisements
• Right against tapping of telephonic conversation
• Right to telecast
• Freedom of silence
• Right to know about government activities
• Right against the imposition of pre-censorship
• Right to demonstration or picketing but not right to strike