Test: Government And Administration (India & World) - 1 (2019-2018)


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QUESTION: 1

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

[2019]

Solution:

• Historically speaking, the term liberty was initially defined as absence of all restraints on an individual.
This is known as the negative concept of liberty. Early liberalism championed negative liberty. John Stuart Mill, the nineteenth century English political philosopher, described, "Restraint as an evil".
• However, DD Basu's Constitution book, Page 25: Liberty should be coupled with social restrain and subordinated to liberty of the greatest number of common happiness.So, accordingly, 'B' is wrong, and 'D' seems most appropriate.

QUESTION: 2

In India, which of the following review the independent regulators in sectors like telecommunications, insurance, electricity etc.?
1. Ad Hoc Committees set up by the Parliament
2. Parliamentary Department Related Standing Committees
3. Finance Commission
4. Financial Sector Legislative Reforms Commission
5. NITI Aayog
Select the correct answer using the code given below.

[2019]

Solution:

• Financial Sector Legislative Reforms Commission was setup for a limited time period under Justice B.N.
Srikrishna's chairmanship. And its mandate did not include reviewing the electricity regulator. #4 is wrong.
Similar reason eliminates Finance Commission (#3) which is setup periodically for the tax distribution between Union and States. Thus B and C are eliminated.
• NITI Ayog is a think tank and policy advisor for the Government. Yes, it reviews development work in the Aspirational districts and SDG implementation across India but reviewing independent regulators is not under its purview. So, #5 is wrong. This eliminates D. Thus by elimination, we are left with Answer  A: only 1 and 2.

QUESTION: 3

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

[2019]

Solution:

Centre-State relations:
• While selecting Governors, the Central Government should adopt the following strict guidelines as recommended in the Sarkaria Commission report: He should be a detached figure and not too intimately connected with the local politics of the states.

*Multiple options can be correct
QUESTION: 4

With reference to the legislative Assembly of a state in India, consider the following Statements:
1. The Governor makes a customary address to Members of the house at the commencement of the first session of the year.
2. When a State Legislature does not have a rule on the particular matter, it follows the lok Sabha rule on that matter.

[2019]

Solution:

• Governor can address the state legislature at the commencement of the first session after each general election and the first session of each year. So #1 is right.
• Article 208 of the Constitution: A House of the Legislature of a State may make rules for regulating subject to the provisions of this Constitution, its procedure and the conduct of its business. Thus, it's not mandated in the Constitution for the State legislature to (ALWAYS) follow / copy the rules of Lok Sabha. So, #2 is wrong. Thus, answer A: only 1.
• Counterview: As per Indian Express Article in 2016-September, second statement is correct so answer should be C: Both 1 and 2.
• Final verdict (A or C) depends on UPSC official answer key.

QUESTION: 5

Consider the following statements:
1. The Parliament (Prevention of Disqualification) Act, 1959 exempts several posts from disqualification on the grounds of 'Office of Profit'.
2. The above-mentioned Act was amended five times.
3. The term 'Office of Profit' is well-defined in the Constitution of India.
Which of the following statements given above is/are correct?

 [2019]

Solution:

If 'Office of Profit' was well defined in Constitution, then there wouldn't have been controversies related to AAP-MLAs' disqualification (2018-Jan), and Kejriwal & Co. wouldn't have been running from pillar to post between EC and SC to prevent their disqualification. So, #3 is wrong, and by elimination we are left with Answer A:1 and 2 only.

QUESTION: 6

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

[2019]

Solution:

• "Article 31B along with the Ninth Schedule was added by the 1st Constitutional Amendment Act of 1951 to reduce the scope of Judicial review in the matters of land reforms and Zamindari-Abolition.
Originally (in 1951), the Ninth Schedule contained only 13 acts and regulations but at present (in 2016) their number is 282."
• So, if it was made the 50s, then it must be the Prime Minister Nehru.

QUESTION: 7

If the President of India exercises his power as provided under Article 356 of the Constitution in respect of a particular State, then

[2018]

Solution:

The President's Rule can be proclaimed under Article 356… He can declare that the powers of the state legislature are to be exercised by the Parliament. So "B" is the right answer.

QUESTION: 8

Consider the following statements:
1. No criminal proceedings shall be instituted against the Governor of a State any court during his term of office.
2. The emoluments and allowances of the Governor of a State shall not be diminished during his term of office.
Which of the statements given above is/are correct?

[2018]

Solution:

• Governor enjoys personal immunity from legal liability for his official acts. During his term of office, he is immune from any criminal proceedings, even in respect of his personal acts. He cannot be arrested or imprisoned
• His emoluments and allowances can not be diminished during his term of office. Thus both statements are right.

QUESTION: 9

Consider the following statements:
1. The Speaker of the Legislative Assembly shall vacate his/her office if he/she ceases to be a member of the assembly.
2. Whenever the Legislative Assembly is dissolved, the Speaker shall vacate his/her immediately.
Which of the statements given above is/are correct?

 [2018]

Solution:

• The Speaker is elected by the assembly itself from amongst its members. Usually, the Speaker remains in office during the life of the assembly. However, he vacates his office earlier in any of the following three cases: 1. if he ceases to be a member of the assembly….. So statement#1 is right.
• Constitution of India, Art 179: "…Provided further that, whenever the Assembly is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the Assembly after the dissolution." So, statement#2 is wrong.

QUESTION: 10

With reference to the election of the President of India, consider the following statements:
1. The value of the vote of each MLA varies from State to State.
2. The value of the vote of MPs of the Lok Sabha is more than the value of the vote of MPs of the Rajya Sabh
Which of the statements given above is/are Correct?

[2018]

Solution:

• Statement 1- Correct. Value of 1 MLA's vote is based on total population of state to be divided by the total MLAs. Hence it ought to vary from state to state.
• While the value of an MLA's vote depends on the population of the state he or she belongs to, the value of an MP's vote remains the same at 708. So, #2 is wrong.