Test: Class 11 Polity NCERT Based-3


25 Questions MCQ Test Indian Polity for UPSC CSE | Test: Class 11 Polity NCERT Based-3


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QUESTION: 1

Consider the following statements:

1. The judge of the Supreme Court can resign his office by writing to the Chief Justice of India.

2. The judge of the Supreme Court can be removed from his office by the President on the recommendation of the Chief Justice of India.

3. The Removal of a Supreme Court judge is based on two grounds - proved misbehaviour or incapacity.

Which of the statements given above is / are correct?

Solution: The Constitution provides that a judge can be removed only by an order of the President, based on a motion passed by both Houses of Parliament. The procedure for removal of judges is elaborated in the Judges Inquiry Act, 1968. The Act sets out the following steps for removal from office

1. Under the Act, an impeachment motion may originate in either House of Parliament. To initiate proceedings: (i) at least 100 members of Lok Sabha may give a signed notice to the Speaker, or (ii) at least 50 members of Rajya Sabha may give a signed notice to the Chairman. The Speaker or Chairman may consult individuals and examine relevant material related to the notice. Based on this, he or she may decide to either admit the motion or refuse to admit it.

2. If the motion is admitted, the Speaker or Chairman (who receives it) will constitute a three-member committee to investigate the complaint. It will comprise: (i) a Supreme Court judge; (ii) Chief Justice of a High Court; and (iii) a distinguished jurist. The committee will frame charges based on which the investigation will be conducted. A copy of the charges will be forwarded to the judge who can present a written defence.

3. After concluding its investigation, the Committee will submit its report to the Speaker or Chairman, who will then lay the report before the relevant House of Parliament. If the report records a finding of misbehaviour or incapacity, the motion for removal will be taken up for consideration and debated.

4. The motion for removal is required to be adopted by each House of Parliament by: (i) a majority of the total membership of that House; and (ii) a majority of at least two-thirds of the members of that House present and voting. If the motion is adopted by this majority, the motion will be sent to the other House for adoption. Once the motion is adopted in both Houses, it is sent to the President, who will issue an order for the removal of the judge.

QUESTION: 2

Consider the following statements about Public Account Committee:

1. This committee was first set up in 1911 under the provisions of the Government of India Act of 1909.

2. The members are elected according to the principle of proportional representation by means of single transferable vote.

3. It is vested with the power of disallowance of expenditures by the departments.

4. Only the Parliament can take a final decision on its findings.

Which of the above statements is/are correct?

Solution: This committee was set up first in 1921 under the provisions of the Government of India Act of 1919 and has since been in existence It is not vested with the power of disallowance of expenditures by the departments.

QUESTION: 3

With reference to the ‘Gram Nyayalaya Act’, which of the following statements is/are not correct:

1. The presiding officer, Nyayadhikari shall be appointed by the Gram Panchayat with the consultation of the State Government.

2. As per the Act, Gram Nyayalayas can hear only civil cases and not criminal cases.

3. The Act allows local social activists as mediators/re-conciliators.

Select the correct answer code:

Solution:
  • The Gram Nyayalayas Act, 2008 has been enacted to provide for the establishment of the Gram Nyayalayas at the grass roots level for the purposes of providing access to justice to the citizens at their doorsteps and to ensure that opportunities for securing justice are not denied to any citizen due to social, economic or other disabilities.

  • The presiding officer (Nyayadhikari) shall be appointed by the State Government in consultation with the High Court. The Gram Nyayalaya shall be a mobile court and shall exercise the powers of both Criminal and Civil Courts.

  • The Gram Nyayalaya shall try to settle the disputes as far as possible by bringing about conciliation between the parties and for this purpose, it shall make use of the conciliators to be appointed for this purpose.

QUESTION: 4

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

1. Indian constitution provides for a provision of the Supreme Court under Part V

2. Seniority at the apex court is determined by age of the judges

3. The Constitution declares Delhi as the seat of the Supreme Court and authorises the parliament to appoint other places or places as seat of the Supreme Court.

4. The practice to appoint the senior most judge of the Supreme Court as the chief justice of India has been never violated till present 5. Collegium system was born through a First Judges case

Which of the statements given above is/are Incorrect?

Solution: The Indian constitution provides for a provision of the Supreme Court under Part V (The Union) and Chapter 6 (The Union Judiciary). Articles 124 to 147 in Part V of the Constitution deal with the organisation, independence, jurisdiction, powers and procedures of the Supreme Court.

1. Seniority at the apex court is determined not by age

a. The date a judge was appointed to the Supreme Court.

b. If two judges are elevated to the Supreme Court on the same day:

c. The one who was sworn in first as a judge would trump another.

d. If both were sworn in as judges on the same day, the one with more years of high court service would ‘win’ in the seniority stakes.

e. An appointment from the bench would ‘trump’ in seniority an appointee from the bar.

2. The Constitution declares Delhi as the seat of the Supreme Court. It also authorises the CJI to appoint other places (not parliament) or places as seats of the Supreme Court.

3. Appointment of Chief Justice From 1950 to 1973:

The practice has been to appoint the senior most judge of the Supreme Court as the chief justice of India. This established convention was violated in 1973 when A N Ray was appointed as the Chief Justice of India by superseding three senior judges. Again in 1977, M U Beg was appointed as the chief justice of India by superseding the then senior-most judge.

4. Collegium system was born through “three judges case” and it has been in practice since 1998. It is used for appointments and transfers of judges in High courts and Supreme Courts. There is no mention of the Collegium either in the original Constitution of India or in successive amendments.

QUESTION: 5

Writ of Mandamus cannot be issued against:

1. A private individual

2. President of India

3. A Tribunal

4. An inferior court

5. Chief justice of high court acting in judicial capacity

Select the correct answer code

Solution: Mandamus is a command issued by the court to a public official asking him to perform his official duties that he has failed or refused to perform. It can also be issued against any public body, a corporation, an inferior court, a tribunal or government for the same purpose. The writ of mandamus cannot be issued

a. against a private individual or body

b. to enforce departmental instruction that does not possess statutory force;

c. when the duty is discretionary and not mandatory

d. to enforce a contractual obligation

e. against the chief justice of a high court acting in judicial capacity.

QUESTION: 6

Which of the following is/are correct:

1. To be appointed a Supreme Court Judge, a person has to be a judge of a high court for at least 5 years.

2. Presidential reference needs to be decided by a Bench of at least 7 judges.

Solution:

Appointing Chief Justice of India -

1. Senior-most judge of the Supreme Court used to be the Chief Justice of India from 1950 to 1973.

Qualifications of Judges - A person shall not be qualified for appointment as a Judge of the Supreme Court unless -

1. he is a citizen of India;

2. has been for at least five years a Judge of a High Court or of two or more such Courts in succession; or

3. has been for at least ten years an advocate of a High Court or of two or more such Courts in succession; or

4. is, in the opinion of the President, a distinguished jurist. there is no prescribed minimum age for appointment as a judge of the Supreme Court.

QUESTION: 7

Which provisions guarantee independence of Supreme Court:

1. Appoint its own staff.

2. Ban on practice after retirement.

3. Conduct of judges cannot be discussed in Parliament.

Solution: Provisions for Independence of Supreme Court -

1. Mode of Appointment - The judges of the Supreme Court are appointed by the President in consultation with the members of the judiciary itself (i.e., judges of the Supreme Court and the high Courts).

2. This limits the discretion of the executive in judicial appointments.

3. Security of Tenure - They can be removed from office by the President only in the manner and on the grounds mentioned in the Constitution.

4. Fixed Service Conditions - The salaries, allowances, privileges, leave and pension of the judges of the Supreme Court cannot be changed to their disadvantage after their appointment except during a financial emergency.

5. Expenses Charged on Consolidated Fund - The salaries, allowances and pensions of the judges and the staff and the administrative expenses of the Supreme Court are charged on the Consolidated Fund of India which is not subject to vote in the Parliament.

6. Conduct of Judges cannot be discussed - Parliament or State Legislature cannot discuss conduct of the judges of the Supreme Court in the discharge of their duties, except when an impeachment motion is under consideration of the Parliament.

7. Ban on Practice after retirement Retired judges of the Supreme Court cannot plead or act in any Court or before any authority within the territory of India.

8. Punishment for its contempt - The Supreme Court can punish any person for its contempt.

9. This is to maintain its authority, dignity and honor.

10. Appointing its staff - The Chief Justice of India can appoint officers and servants of the Supreme Court, prescribe their conditions of service, etc. without any interference from the executive.

11. Jurisdiction cannot be limited - The Parliament can only extend but cannot curtail jurisdiction and powers of the Supreme Court as they are guaranteed by the Constitution.

12. Separation of Judiciary and Executive -As per the Constitution, executive authorities should not possess judicial powers.

13. Criminal procedure Code (1973) separated judiciary from executive.

QUESTION: 8

Which of the following fall under the original jurisdiction of the Supreme court:

1. Dispute between Union and States.

2. Disputes amongst states.

3. Inter-State water disputes.

4. Centre and any state or states on one side and one or more states on the other.

5. Dispute arising out of any pre-constitution treaty, agreement, covenant etc.

Solution: Original Jurisdiction of Supreme Court - Supreme Court decides the disputes between -

1. the Centre and one or more states; or

2. between two or more states; or

3. the Centre and any state or states on one side and one or more states on the other.

a. For these, the Supreme Court has exclusive original jurisdiction.

b. No other court can decide such disputes.

c. Original means to hear such disputes at the first instance and not by way of appeal.

d. But, the dispute must involve a question (whether of law or fact) on which the existence or extent of a legal right depends.

e. Questions of political nature are not included.

f. Also, any suit against the Centre or a state,brought before the Supreme Court, by a private citizen cannot be entertained under this.

Original jurisdiction of the Supreme Court does not extend to the following:

(a) Recovery of damages by a state against the Centre.

(b) Matters referred to the Finance Commission.

(c) Dispute arising out of any pre-constitution treaty, agreement, covenant etc.

(d) Dispute arising out of any treaty, etc., which specifically mentions that the court's original jurisdiction will not be applicable to it.

(e) Inter-state water disputes.

(f) Adjustment of some expenses and pensions between the Centre and states.

(g) Ordinary dispute of Commercial nature between the Centre and states. The first suit, under the original jurisdiction of the Supreme Court, was brought by West Bengal against the Centre in 1961.

QUESTION: 9

Which of the following fall under the appellate jurisdiction of Supreme court:

1. Appeals in constitutional matters.

2. The High Court on appeal reversed an order of acquittal of an accused person and sentenced him to death.

3. The High Court has taken before itself any case from any subordinate court and sentenced accused to death.

Solution: Appellate jurisdiction –

1. The Supreme Court replaced the British Privy Council as the highest court of appeal.

2. The Supreme Court is mainly a court of appeal.

3. It hears appeals against the judgements of the lower courts. Its wide appellate jurisdiction can be understood under the following sections - Appeals in constitutional matters - If the high court certifies that the case involves a substantial question of law that requires the interpretation of the Constitution, an appeal can be made to the Supreme Court. Appeals in civil matters -If the high court certifies that the case involves a substantial question of law of general importance and the question needs to be decided by the Supreme Court, an appeal can be made to the Supreme Court against any judgement of a High Court. Presently there is no monetary limit for civil cases. Appeals in criminal matters -The Supreme Court hears appeals against the judgement in a criminal proceeding of a high court.

QUESTION: 10

Which of the following is/are true:

1. The Supreme Court can review its own judgements.

2. Scope of Judicial review in the USA is broader than that in India.

Solution: Power of Judicial Review -

1. Judicial review means to check the constitutional validity of legislative enactments and executive orders of both the Central and state governments.

2. It is essential for protecting fundamental rights of the citizens.

3. It is also needed to maintain a balance between Union and States.

4. Judicial review helps in upholding the principle of the supremacy of the Constitution.

5. However, the phrase ‘judicial review’ has not been used anywhere in the Constitution.

One can challenge the constitutionality of a legislative enactment or an executive order in Supreme Court if -

1. Fundamental Rights are infringed by it.

2. It is incompatible with constitutional provisions.

3. It is outside the ambit of the authority which framed it.

a. Scope of Judicial review in the USA is broader than that in India.

b. Our Supreme Court follows procedure established by law.

c. This means that they see only substantive questions i.e., if the law is within the powers of the authority concerned or not.

d. It does not check the reasonableness of the law.

e. American Supreme Court follows due process of law that checks substantive questions as well as reasonableness of the law.

Other Powers of Supreme Court -

1. It is the final authority for disputes regarding the election of the president and the Vice-President.

2. On reference made by the President, it enquires into the conduct of the chairman and members of the UPSC and gives advice which is binding on the President.

3. It can review its own judgement or order.

4. It can withdraw cases pending before the high courts and dispose of them by itself. It can also transfer a case or appeal which is pending before one high court to another high court.

5. Its law is binding on all courts in India and decree or order is enforceable throughout India.

6. It is the ultimate interpreter of the Constitution.

7. It has judicial superintendence and control over all the courts and tribunals in India.

8. Parliament can enlarge the Supreme Court’s jurisdiction and powers with respect to matters in the Union list.

9. Also, a special agreement of the Centre and the states can enlarge its jurisdiction and powers with respect to other matters.

QUESTION: 11

Which of the following statements regarding the Seventy-Fourth Amendment to the Constitution of India are correct?

1. It provides for the insertion of a new Schedule to the Constitution.

2. It restructures the working of the municipalities.

3. It provides for the reservation of seats for women and Scheduled Castes in the municipalities.

4. It is applicable only to some specified states.

Select the correct answer using the codes given below:

Solution: The 74th Amendment Act gave Constitutional status to the Municipalities. It has brought them under the purview of the justiciable part of the Constitution. In other words, the state governments are under constitutional obligation to adopt the new system of municipalities in accordance with the provisions of the Act.

Reservation of Seats

1. There shall be provisions for the reservation of seats for the scheduled castes and the scheduled tribes in every municipality in proportion of their population to the total population in the municipal area.

2. Further, there shall be the reservation of not less than one-third of the total number of seats for women (including the number of seats reserved for women belonging to the SCs and STs). 3. The state legislature may provide for the manner of reservation of offices of chairpersons in the municipalities for the SCs, the STs and the women.

4. It may also make any provision for the reservation of seats in any municipality or offices of chairpersons in municipalities in favour of backward classes.

QUESTION: 12

Where was the first Municipal Corporation set up in India?

Solution: Urban Local Government’ in India means the governance of a specific urban area, demarcated for this purpose by the state government, by the people through their elected representatives. 74th Constitutional Amendment Act of 1992 constitutionalised the system of urban government. At the Central level, ‘urban local government’ is dealt by -

1. Ministry of Urban Development (created as a separate ministry in 1985).

2. Ministry of Defense (in the case of cantonment boards).

3. Ministry of Home Affairs (in the case of Union Territories). Significance of the 74th Amendment Act of 1992 – This Act added a new Part 9-A to the Constitution of India entitled ‘The Municipalities’ giving constitutional status to municipalities.

1. It has provisions from Articles 243-P to 243-ZG.

2. It also added a new Twelfth Schedule to the Constitution containing 18 functional items of municipalities.

3. 12th Schedule deals with Article 243-W. 4. It made them a justiciable part of the Constitution.

QUESTION: 13

Which of the following are urban local government bodies?

1. Pollution Control Boards.

2. Township.

3. Port Trust.

4. Town Area Committee.

5. Urban Development Authorities.

Solution: The following eight types of urban local bodies are created in India for the administration of urban areas -

1. Municipal Corporation.

2. Municipality.

3. Notified Area Committee.

4. Town Area Committee.

5. Cantonment Board.

6. Township.

7. Port Trust.

8. Special Purpose Agency.

QUESTION: 14

Consider the following statements.

1. Panchayati Raj was constitutionalised through the 73rd constitutional Amendment Act of 1992.

2. Tamil Nadu was the first state to establish Panchayati Raj.

3. Tamil Nadu adopted a three-tier system while Rajasthan adopted a two-tier system.

Which of the statements given above is / are correct.

Solution:
  • Panchayati Raj was constitutionalised through the 73rd constitutional Amendment Act of 1992

  • Art. 40 confers the responsibility upon the State to take steps to organise Village Panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government.

  • But it does not give guidelines for organising village panchayats. Thus, its formal organisation and structure was firstly recommended by Balwant Rai committee,1957 (Committee to examine the Community Development Programme,1952).

QUESTION: 15

Consider the following statements.

1. 21 years to be the minimum age for contesting elections to Panchayats.

2. Reservation of one-fourth seats (both members & chair persons) for women in Panchayats at all the three levels.

3. Panchayati-Raj election is conducted by the State Election Commission.

4. Direct elections to the post of Chairperson of Panchayats at the intermediate and district level.

Which of the statements given above is / are correct.

Solution: A person shall not be qualified for chosen to fill a seat in a panchayat at any level unless :-

a. his name appears in the electoral roll of any constituency in the Panchayat;

b. he has completed his twenty-first year of age 25(on the date of filing of nomination);

c. in the case of a seat reserved for the Scheduled Castes or for the Scheduled Tribes, he is a member of any of those castes or for those tribes, as the case may be

d. in the case of a seat reserved for women, such person is a women;

e. he makes and subscribes before the returning officer or any other person authorised by the State Election Commission an oath of affirmation according to the form set out for the purpose in the first schedule.

f. he has not been disqualified under any other provisions of this Act.

QUESTION: 16

Recommendation of Ashok Mehta Committee includes.

1. The three-tier system of Panchayati-Raj should be replaced by the two-tier system.

2. The state government should not supersede the Panchayati Raj institution.

3. Seats for SCs and STs should be reserved on the basis of their population.

Which of the statements given above is / are correct.

Solution:
  • In December 1977, the Janata Government appointed a committee on panchayati raj institutions under the chairmanship of Ashok Mehta. It submitted its report in August 1978 and made 132 recommendations to revive and strengthen the declining panchayati raj system in the country. Its main recommendations were:

1. The three-tier system of panchayati raj should be replaced by the two-tier sys-tem, that is, zila parishad at the district level, and below it, the mandaI panchayat consisting of a group of villages with a total population of 15,000 to 20,000.

2. A district should be the first point for decentralisation under popular supervision below the state level.

3. Zila parishad should be the executive body and made responsible for planning at the district level.

4. There should be an official participation of political parties at all levels of panchayat elections.

5. The panchayati raj institutions should have compulsory powers of taxation to mobilise their own financial resources.

6. There should be a regular social audit by a district level agency and by a committee of legislators to check whether the funds allotted for the vulnerable social and economic groups are actually spent on them.

7. The state government should not supersede the panchayati raj institutions. In case of an imperative supersession, elections should be held within six months from the date of supersession.

8. The nyaya panchayats should be kept as separate bodies from that of development panchayats. They should be presided over by a qualified judge.

9. The chief electoral officer of a state in consultation with the chief election com-missioner should organise and conduct the panchayati raj elections.

10. Development functions should be transferred to the zila parishad and all development staff should work under its control and supervision.

11. The voluntary agencies should play an important role in mobilising the support of the people for panchayati raj.

12. A minister for panchayati raj should be appointed in the state council of ministers to look after the affairs of the panchayati raj institutions.

13. Seats for SCs and STs should be reserved on the basis of their population. Due to the collapse of the Janata Government before the completion of its term, no action could be taken on the recommendations of the Ashok Mehta Committee at the central level.

QUESTION: 17

The urban local governance is dealt with by which of the following ministries?

1. Ministry of Urban Development.

2. Ministry of Home affairs.

3. Ministry of Defence.

Which of the above statements is/are correct?

Solution: 1. MoUD with Municipal corporations etc.

2. MoHa with Municipal bodies of Union territories

3. MoD with the Cantonment Boards.

QUESTION: 18

Which statement is not correct regarding "Gram Sabha"?

Solution:
  • The Gram Sabha is the fulcrum of the Panchayati Raj and village development. People use the forum of the Gram Sabha to discuss local governance and development, and make need- based plans for the village.

  • The Panchayat implements development programs under the overarching mandate, supervision and monitoring of the Gram Sabha. All decisions of the Panchayat are taken through the Gram Sabha and no decision is official and valid without the consent of the Gram Sabha.

QUESTION: 19

Who among the following is hailed as the father of local self-government in India?

Solution:
  • Lord Ripon is known to have granted the Indians first taste of freedom by introducing the Local Self Government in 1882. His scheme of local self government in 1882. His scheme of local self-government developed the Municipal institutions which had been growing up in the country ever since India was occupied by the British Crown.

  • He led a series of enactments in which larger powers of the Local self government were given to the rural and urban bodies and the elective people received some wider rights.

  • Lord Ripon is known as Father of Local Self Government in India. This was not enacted by any act, it was a resolution that was passed in 1882.

QUESTION: 20

What was the main purpose behind bringing Panchayati Raj system in India?

Solution:
  • Decentralising the democratic process In India, election to these local bodies has been carried out on a regular basis, in most cases, freely and fairly. Though some states have seen allegations of violence, these are primarily law and order issues.

QUESTION: 21

Consider the following statements regarding the Basic Structure of the Constitution:

1. It refers to features of the Constitution that even the Parliament cannot amend.

2. The Supreme Court has defined the Basic Structure of the Constitution in the Kesavananda Bharati judgement.

Which of the statement(s) given above is/are correct?

Solution: In the Kesavananda Bharati judgement, the SC has laid down the new doctrine of 'basic structure' of the Constitution which constitutes features that cannot be amended even by the Parliament. However, SC has not clearly defined what constitutes Basic Structure but the 'basic features' have emerged over various judgements of the SC, including Supremacy of the Constitution, Rule of Law, Federal character etc.

QUESTION: 22

Consider the following statements regarding the federal system in India:

1. The Indian federal system is based on the ‘Canadian model’ more than the ‘American model’.

2. The Indian federation is referred to as a "union" because it is indestructible.

Which of the above statements is/are correct?

Solution:
  • The term ‘federation’ has nowhere been used in the Constitution. Instead, Article 1 of the Constitution describes India as a ‘Union of States’.

  • According to Dr B R Ambedkar, the phrase ‘Union of States’ has been preferred to ‘Federation of States’ to indicate two things: (i) the Indian federation is not the result of an agreement among the states like the American federation; and (ii) the states have no right to secede from the federation. The federation is union because it is indestructible.

  • The Indian federal system is based on the ‘Canadian model’ and not on the ‘American model’. The ‘Canadian model’ differs fundamentally from the ‘American model’ in so far as it establishes a very strong centre. The Indian federation resembles the Candian federation (i) in its formation (i.e., by way of disintegration); (ii) in its preference to the term ‘Union’ (the Canadian federation is also called a ‘Union’); and (iii) in its centralising tendency (i.e., vesting more powers in the centre vis-a-vis the states).

QUESTION: 23

Which statement is not correct in the case of "Sovereign India"?

Solution:
  • The word Sovereign means a state having independent authority and a Right to govern itself without any outside influence.

  • The Preamble of India proclaims India as a state to be sovereign, it testifies to the fact that India is no longer a dependency or colony or possession of British Crown.

  • As a sovereign independent state, India is free both internally and externally to take her own decisions and implement these for her people and territories. Thus, being a free sovereign country India has the power and authority to rule its subjects, manage its own security and assert its Sovereignty against any outside powers or nations

QUESTION: 24

"The language of Preamble" of Indian constitution is taken from the constitution of

Solution:

The language of Preamble" of Indian constitution is taken from the constitution of Australia.

 

 

QUESTION: 25

Which of the following statements is true?

Solution:

1. What was the Kesavananda bharati case? : “ This case is famous for the victory of Indian Constitution, and is remarkable for the fight between the Parliament and Judiciary ”

  • The story begins with GOLAKNATH CASE, 1967, in which the petitioner challenged the 7th Constitutional Amendment Act, 1964 under Article 32 for violation of his fundamental rights. The Apex Court ruled, “Parliament cannot take away or abridge and amend any of the fundamental rights, even cannot touch, because these are sacrosanct in nature”.

2. Technically, the term and idea of the Indian Preamble was borrowed from the US. However, its context and form has been shaped by different ideas. In December 1946, Jawaharlal Nehru moved a document in the Cabinet titled Objectives Resolution. It outlined what type of nation India should strive to become.

3. The Supreme Court in the Berubari Union case (1960) held that the Preamble is not a part of the Constitution. However, it recognised that the Preamble could be used as a guiding principle if a term in any article of the Constitution is ambiguous or has more than one meaning.