UPSC Prelims Previous Year Questions 2020: Indian Polity | UPSC Topic Wise Previous Year Questions PDF Download

Ans: (b)

• A Parliamentary System of Government is one in which the Government is responsible to the Parliament and can be removed by it. In such a system, the role of President or monarch is primarily ceremonial and the Prime Minister along with the cabinet wields effective power.
• According to the Article 75(3) of Constitution of India, the Council of Ministers is collectively responsible to the House of the People (Lok Sabha) which is one the constituents of the Parliament. The rules of Lok Sabha provide a mechanism for testing this collective responsibility. They allow any Lok Sabha MP, who can garner the support of 50 colleagues, to introduce a motion of no-confidence against the Council of Ministers. If the no confidence motion is passed in the Lok Sabha, the government falls.

Therefore, option (b) is the correct answer.

Ans: (a)

• The Directive Principles of State Policy (DPSP) are mentioned in the Part IV of the Indian Constitution from Articles 36 to 51. The DPSP constitutes a comprehensive social, economic and political programme for a modern and welfare state. These principles emphasise that the State shall try to promote welfare of people by providing them basic facilities like shelter, food and clothing. They embody the concept of a ‘welfare state’ which was absent during the colonial era.

Therefore, option (a) is the correct answer.

Ans: (b)

• The constitution of India does not define the basic structure, it is a judicial innovation. 
• In Kesavananda Bharati vs State of Kerala case (1973), the Supreme Court ruled that the Parliament could amend any part of the Constitution so long as it did not alter or amend the basic structure or essential features of the Constitution.
• However, the court did not define the term ‘basic structure’, and only listed a few principles — federalism, secularism, democracy — as being its part.
• The ‘basic structure’ doctrine has since been interpreted to include the supremacy of the Constitution, the rule of law, Independence of the judiciary, doctrine of separation of powers, sovereign democratic republic, the parliamentary system of government, the principle of free and fair elections, welfare state, etc. Hence, statement 1 is not correct.
• Article 13(2) of the Constitution prescribes that the Union or the States shall not make any law that takes away or abridges any of the fundamental rights, and any law made in contravention of the aforementioned mandate shall, to the extent of the contravention, be void. Thus, the constitution itself provides for the judicial review to safeguard the citizen’s liberties and rights. Hence, statement 2 is correct.

Therefore, option (b) is the correct answer.

Ans: (a)

• The final aim of both Gandhism and Marxism is the establishment of a stateless and classless society, however their means for achieving this aim are different. Mahatma Gandhi wanted to achieve this end through non-violent means but Marx wanted to achieve it through violent means.
• Ways to achieve classless society:
  • Marxism: Overthrow of capitalism; social ownership of means of social production; compulsory labour.
  • Gandhism: Doctrine of trusteeship: moral persuasion of capitals to regard themselves as ‘trustee’ of public property; restore dignity of labour.

Therefore, option (a) is the correct answer.

Ans: (d)

• Civil services or the bureaucracy constitutes the professionals who are permanent and salaried employees that are a part of the government’s executive organ. They are politically neutral and their main job is to facilitate the effective working of different government departments and public policy implementations. They, however, work under the control and leadership of the ministers. The bureaucratic setup is designed to maintain uniformity and controls within an organization.
• Good policies and laws can really serve their objectives only when these are efficiently implemented by the civil servants.

Therefore, option (d) is the correct answer.

Ans: (d)

• The Preamble is the introductory part of the Constitution. It contains the ideals, objectives and basic principles of the Constitution. The salient features of the Constitution have evolved directly and indirectly from these objectives which flow from the Preamble.
• In Kesavananda Bharati Case (1973), the Supreme Court held that:
  • The Preamble of the Constitution be considered as part of the Constitution.
  • The Preamble is not the supreme power or source of any restriction or prohibition but it plays an important role in the interpretation of statutes and provisions of the Constitution.
• In Union Government vs LIC of India Case (1995), the Supreme Court has once again held that Preamble is the integral part of the Constitution but is not directly enforceable in a court of law in India. Its objectives are implemented through various acts and policies.

Therefore, option (d) is the correct answer.

Ans: (d)

• Unlike the Fundamental Rights (Part III), the Directive Principles of State Policy (DPSP) contained in Part IV (Articles 36–51) of the Constitution are non justiciable in nature i.e. they are not enforceable by the courts for their violation. Hence, statement 1 is not correct, while statement 2 is correct.
• The Constitution (Article 37) itself says that these principles are fundamental in the governance of the country. It shall be the duty of the State to apply these principles in making laws. Also, the Directive Principles help the courts in examining and determining the constitutional validity of a law. Hence, statement 3 is correct.

Therefore, option (d) is the correct answer.

Ans: (a)

• According to Article 164 of the Constitution, a minister who is not a member of the state legislature for any period of six consecutive months shall cease to be a minister. The provision allows a non-legislator to occupy a post in the council of ministers, including the office of the chief minister for six months. Within six months, he must become a member (either by election or by nomination) of either House of the state legislature, otherwise, he ceases to be minister.
• Moreover, to become a member of the state legislature one 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. Such a person automatically becomes eligible to vote as under Article 326, the minimum age to be registered as a voter is 18 years. Hence, statement 1 is correct.
• According to the Section 8(3) of the Representationof People Act, 1951, a person convicted of any offence and sentenced to imprisonment for not less than two years shall be disqualified for contesting an election (MLA or MP) from the date of such conviction and shall continue to be disqualified for a further period of six years since his release. Hence, statement 2 is not correct.

Therefore, option (a) is the correct answer.

Ans: (c)

• Article 85(1) of the Constitution empowers the President to summon each House of Parliament to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session. Hence, statement 1 is correct.
• By convention (not provided by the Constitution of India), Parliament meets for three sessions in a year. The Budget Session is held towards the beginning of the year; a three-week Monsoon Session follows from July to August; and then there is the Winter Session in November-December. Hence, statement 2 is not correct.
• There is no minimum number of days that Parliament is required to meet in a year — in fact, the number of days that Parliament meets has reduced over the years. During the first two decades of Parliament, Lok Sabha met for an average of a little more than 120 days a year. This has come down to approximately 70 days in the last decade. However, several committees have recommended that Parliament should meet for at least 120 days in a year. Hence, statement 3 is correct.

Therefore, option (c) is the correct answer.

Ans: (b)

• As per a Supreme Court ruling of September, 2018, Aadhaar metadata cannot be stored for more than six months. The Supreme Court has read down Section 2(d) of the Aadhaar Act which allowed storage of such data for a period of five years, to refrain government authorities from storing metadata of transactions. Hence, statement 1 is not correct.
• SC has also struck down Aadhaar Regulation 26(c) which allowed Unique Identification Authority of India (UIDAI) to store metadata relating to Aadhaar based authentications or authentication history for private firms. Accordingly, Insurance Regulatory and Development Authority of India (IRDAI) has directed insurance companies not to mandatorily ask for the Aadhaar details for know-you-customer (KYC) requirements or carry out authentication using e-KYC from UIDAI. Hence, statement 2 is correct and statement 3 is not correct.
• Further, the amendment made to Section 7 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 has been upheld. It stipulates a condition that the State government can mandate use of Aadhaar authentication for beneficiaries for receipt of a subsidy, benefit or service for which the expenditure is incurred from the Consolidated Fund of India. Hence, statement 4 is correct.

Therefore, option (b) is the correct answer.

Ans: (b)
Rajya Sabha enjoys certain special powers compared to Lok Sabha which are as follows:

• Power to transfer a subject from the State List to Union List for a specified period (Article 249).
• To create additional All India Services (Article 312).
• To endorse Emergency under Article 352 for a limited period when the Lok Sabha remains dissolved.

Hence, option (a) is not correct.

• Other important matters in respect of which both Houses enjoy equal powers are election and impeachment of the President, election of the Vice-President, amending the constitution, approving the Proclamation of Emergency, the proclamation regarding failure of constitutional machinery in States and financial emergency. Hence, option (b) is correct.
• The Council of Ministers is collectively responsible to Lok Sabha which means the ministry stays in office so long as it enjoys confidence of the majority of the members of the Lok Sabha. Hence, option (c) is not correct.
• A cut motion is a special power vested in members of the Lok Sabha to oppose a demand being discussed for specific allocation by the government in the Finance Bill as part of the Demand for Grants. If the motion is adopted, it amounts to a no- confidence vote, and if the government fails to jot up numbers in the lower House, it is obliged to resign according to the norms of the House. Hence, option (d) is not correct.

Therefore, option (b) is the correct answer.

Ans: (d)

• The MPLAD scheme was formulated in 1993 to enable Members of Parliament (MPs) to recommend to the District Collector for works to the tune of ₹5 crores per annum to be taken up in his/her constituency with emphasis on the creation of durable community assets based on the locally felt need. The durable assets include drinking water, primary education, public health, sanitation and roads, etc. Hence, statement 1 is correct.
• Out of an amount of ₹5 crores, an MP shall recommend at least 15% for areas inhabited by Scheduled Caste (SC) population, and 7.5% for areas inhabited by Scheduled Tribe (ST) population. Hence, statement 2 is correct.
• Each year under MPLADS, MPs receive ₹5 crore in two instalments of ₹2.5 crore each. Funds under MPLADS are non-lapsable i.e. in case of non-release of fund in a particular year it is carried forward to the next year. Hence, statement 3 is not correct.
• The district authority should visit and inspect at least 10% of the works every year. It is also expected to involve the MPs in such activities. Hence, statement 4 is correct.

Therefore, option (d) is the correct answer.

Ans: (d)

• There are six categories of Fundamental Rights under the Indian Constitution: 
  • Right to Equality (Articles 14-18)
  • Right to Freedom (Articles 19-22)
  • Right against Exploitation (Articles 23-24) 
  • Right to Freedom of Religion (Articles 25-28)
  • Cultural and Educational Rights (Articles 29-30) 
  • Right to Constitutional Remedies (Articles 32)
• Article 17, under the Rights to Equality (Articles 14- 18), talks about the abolition of untouchability and prohibition of its practice.
• It abolishes 'untouchability' and forbids its practice in any form. The enforcement of any disability arising out of untouchability shall be an offence punishable in accordance with law.

Therefore, option (d) is the correct answer.

Ans: (b)

• The Directive Principles of State Policy are enumerated in Part IV (Articles 36 to 51) of the Constitution.
• Article 50 of the Constitution reads as under: Separation of Judiciary from Executive - The State shall take steps to separate the judiciary from the executive in the public services of the State.

Therefore, option (b) is the correct answer.

Ans: (d)
According to Article 112 of the Indian Constitution, the Union Budget of a year is referred to as the Annual Financial Statement (AFS). It is a statement of the estimated receipts and expenditure of the Government in a financial year.
A ‘Money Bill’ is defined under Article 110(1).

• As per Article 113, the estimates of expenditure (as Demands for Grants) from the Consolidated Fund of India must be included in the Annual Financial Statement and required to be voted by the Lok Sabha.
• The Fiscal Responsibility and Budget Management (FRBM) Act, 2003 seeks to institutionalise financial discipline, reduce India’s fiscal deficit, improve macroeconomic management and the overall management of the public funds by moving towards a balanced budget.
• This Act mandates the Central Government to lay before the Houses of Parliament, Macro-Economic Framework Statement, Medium Term Fiscal Policy Statement and Fiscal Policy Strategy Statement along with the Annual Financial Statement and Demands for Grants.

Therefore, option (d) is the correct answer.

Ans: (d) 

• A constitutional government is defined by the existence of a constitution, which may be written or unwritten, accepted as the fundamental law of the polity that effectively controls the exercise of political power.
• The core component of the constitutional government is the existence of a “Rule-of Law” or a set of “basic laws” that binds both public office-holders and all members of a society (i.e. citizens) within a given territory.
• The essence of constitutionalism is the control of power by its distribution of power among the executive, legislative and judicial branches of government, with a particular view in balancing these powers.
• The constitutional government is a type of regime that is characterized by the fact that the government operates within a set of legal and institutional constraints that both limits its power (limited government) and protects the individual liberty.
• A constitutional government may not have legislature, could be a bi-party government and need not be a popular government and can instead be a monarchy.

Therefore, option (d) is the correct answer.

Ans: (d)

• The Universal Declaration of Human Rights (UDHR), adopted and proclaimed by the United Nations General Assembly (UNGA) in 1948, establishes the equality and dignity of every human being and stipulates that every Government has a core duty to enable all people to enjoy all their inalienable rights and freedoms.
• Preamble: The objectives of Preamble such as Justice (social, economic, and political), Equality and Liberty also reflect the principles of UDHR. Hence, statement 1 is correct.
• Directive Principles of State Policy (DPSP): Provided under Articles 36 to 51, DPSPs are the principles that aim at providing social and economic justice and set the path towards the welfare state. These DPSP act as obligation on state and are in consonance with human rights.
  Some of the DPSP that are in sync with human rights are as follows:
  • Article 38: Promoting the welfare state
  • Article 39: Minimizing inequalities
  • Article 39A: Free legal aid
  • Article 41: Supporting vulnerable sections of society like unemployed, sick, disabled and old age persons.
  • Article 43: Securing living wage
• Hence, statement 2 is correct.
• Fundamental duties (Article 51A): These are basically civic and moral obligations of all citizens of India. As of now, there are 11 fundamental duties in India, which are written in Part IV A of the Constitution. Article 51A (k) talks about providing opportunities for education to the child between the age of 6 and 14 years by the parents or guardian. This aspect somehow relates to ensuring the dignity of children through education. Hence, statement 3 is correct.

Therefore, option (d) is the correct answer.

Ans: (a)

• In 1987, the Legal Services Authorities Act was enacted by the Parliament which came into force on 9th November, 1995 to establish a nationwide uniform network for providing competent legal services to the weaker sections of the society on the basis of equal opportunity.
• Under Section 12 of the Act, the persons eligible for getting free legal services include: 
  • Women and children
  • Members of SC/ST
  • Industrial workmen
  • Victims of disaster, violence, flood, drought, earthquake Disabled persons
  • Persons in custody
  • Victims of trafficking in human beings or begar
• Further, according to Section 12(h) of the Act, persons in receipt of annual income less than ₹9000 or such other higher amount as may be prescribed by the State Government, if the case is before a court other than the Supreme Court, and less than
• ₹12000 or such other higher amount as may be prescribed by the Central Government, if the case is before the Supreme Court, are also eligible for free legal services. The income ceiling limit prescribed under Section 12(h) of the Act varies across States. It ranges from ₹9000 in Lakshadweep to ₹3,00,000 in Andhra Pradesh. Hence, statement 1 is correct.
• Senior citizens’ eligibility for free legal aid depends on the Rules framed by the respective State Governments in this regard. Therefore, not all senior citizens are eligible for free legal aid. Hence, statement 4 is not correct.
• There is no such clear cut demarcation for Other Backward Classes (OBC) i.e. whether a member of OBC with an annual income of less than ₹3,00,000 will avail free legal aid under the Act. Hence, statement 3 is not correct.

Therefore, option (a) is the correct answer.