UPSC Previous Year Questions (Prelims): Federal System | Indian Polity for UPSC CSE PDF Download

Correct Answer is Option (d)
Statement I: "In India, State Governments have no power for making rules for grant of concessions in respect of extraction of minor minerals even though such minerals are located in their territories."
This statement is not correct.
Under the Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act), Section 15 clearly provides that State Governments have the power to make rules regarding the grant of mineral concessions for minor minerals. This includes regulation of quarrying, mining leases, royalties, and other related matters for minor minerals within their territory.
Statement II: "In India, the Central Government has the power to notify minor minerals under the relevant law."
This statement is correct.
Under the MMDR Act, the Central Government has the authority to declare certain minerals as "minor minerals" through notification in the Official Gazette. Once a mineral is notified as a minor mineral, the powers of regulation over it are transferred to the State Governments.

Correct Answer is Option (d) Neither I nor II

Statement I: "If an area in a State is declared as a Scheduled Area under the Fifth Schedule, the State Government loses its executive power, and a local body assumes total administration of such areas."

This statement is incorrect.

• Scheduled Areas under the Fifth Schedule are governed by the State Government, and the Governor has special powers to make regulations for the peace and good governance of such areas.
• The State Government does not lose its executive power; rather, the administration is subject to special provisions, including possible modification of laws and regulations to suit tribal interests.
• Local bodies like Panchayats may have enhanced roles under laws like the PESA Act (1996), but they do not assume total control or replace the State Government.

Statement II: "The Union Government can take over total administration of such areas under certain circumstances on the recommendation of the Governor."

This statement is also incorrect.

• Under the Fifth Schedule, there is no provision for the Union Government to take over total administration of Scheduled Areas.
• The Governor, however, has the power to submit a report to the President regarding the administration of Scheduled Areas, and to make regulations that can override laws of the State Legislature, but that does not lead to a takeover by the Union Government.

Correct Answer is Option (a) 

• The NEC consists of governors and chief ministers from the states that make up the region, along with three members who are chosen by the President.
• The Union Home Minister serves as the chairman of the NEC by default.
• The Minister of State for the Ministry of Development of North Eastern Region (DoNER) is the vice-chairman of the NEC, also by default.

Correct Answer is Option (b)

• Statement 1 is incorrect. The authority to declare any community as a Scheduled Tribe lies with the President of India, who makes this decision after consulting with the state governor.
• Statement 2 is correct. A community that is recognized as a Scheduled Tribe in one state may not have the same status in another state.

Correct Answer is Option (a)

• The Prisons Act 1894 is one of the earliest laws in India concerning prisons. 
• Statement 1 is true: Prisons are a matter handled by the State as per List-II of the Seventh Schedule in the Constitution. This means that the states have the main duty, authority, and ability to modify the existing laws, rules, and regulations related to prisons. 
• This indicates that prisons are run by state governments using their own specific rules and regulations. 
• Statement 2 is true: The responsibility for managing and overseeing prisons is solely within the State Governments. This is governed by the Prisons Act, 1894 and the Prison Manuals created by each state. 
• Therefore, the Prisons Act 1894 assigned the authority over prisons to the Provincial Governments (or State Governments), which allows them to create their own regulations and rules for prison management. 

Correct Answer is Option (b)

• Finance Bill is categorized as a Money Bill according to Article 110 of the Constitution.
• A Financial Bill is an ordinary bill that includes both financial and non-financial issues.

Difference Between a Money Bill and a Finance Bill

• A Finance Billpresents the government's plans for:
  • Introducing new taxes,
  • Changing existing tax structures, or
  • Extending current tax structures approved by Parliament.
• This bill is part of the Annual Financial Statement (also known as the Budget) under Article 112.
• The Finance Bill includes a Memorandum that explains its provisions.
• Only the Lok Sabha can introduce the Finance Bill.
• The Rajya Sabha can only suggest changes to the bill.
• The bill must be passed by Parliament within 75 days of its introduction.
• Thus, the first statement about the process is incorrect, while the second statement is correct.

Correct Answer is Option (a)

• The Fifth Schedule of the Constitution focuses on how to manage and oversee Scheduled Areas and the Scheduled Tribes living in states, excluding Assam, Meghalaya, Tripura, and Mizoram.
• When an area is included under the Fifth Schedule, it indicates that all the land in that Scheduled Area is considered to be Adivasi land.
• This means that no land should be owned by non-Adivasis, and if any land is currently owned by non-tribal people, it should be returned to the Scheduled Tribes if it is being sold or transferred.

Correct Answer is Option (b)

• Statement 1 is incorrect: The Constitution of India does not classify the Council of Ministers. Article 74 states that there will be a Council of Ministers led by the Prime Minister. This Council is meant to support and advise the President, who must act according to their guidance while performing his duties. 
• Statement 2 is correct: The Constitution (91st Amendment) Act, 2003 changed Article 75. This amendment specifies that the total number of ministers, including the Prime Minister, in the Council of Ministers (COM) cannot exceed 15% of the total number of members in the Lok Sabha.

Correct Answer is Option (a)
Key features of federalism:

• There are two or more levels (or tiers) of government.
• Different tiers of government govern the same citizens, but each tier has its own jurisdiction in specific matters of legislation, taxation and administration.
• The jurisdictions of the respective levels or tiers of government are specified in the constitution. So the existence and authority of each tier of government is constitutionally guaranteed.
• The fundamental provisions of the constitution cannot be unilaterally changed by one level of government. Such changes require the consent of both the levels of government.
• Courts have the power to interpret the constitution and the powers of different levels of government.
• The highest court acts as an umpire if disputes arise between different levels of government in the exercise of their respective powers. The most important feature of the federal system adopted by the Indian Constitution is the principle that relations between the States and the centre would be based on cooperation. And for this, Independent Judiciary is the prerequisite. Hence, Option (a) is correct.
• Sources of revenue for each level of government are clearly specified to ensure its financial Autonomy.

Correct Answer is Option (d)
Indian federation is not the result of an agreement among the states unlike the American federation. So, "D" is not the feature of Indian federalism.

Correct Answer is Option (b)
Rajyasabha can pass a resolution empowering the parliament to make laws in the state list and to create one or more All India Services. This is a special power that has been conferred on the Rajya Sabha by the constitution.