Indian Constitution - MCQ Online Test (3) - UPSC MCQ

Statement 1:
Usually, the Speaker remains in office during the life of the Lok Sabha. However, he has to vacate his office earlier in any of the following three cases:

• if he ceases to be a member of the Lok Sabha;
• if he resigns by writing to the Deputy Speaker; and
• if he is removed by a resolution passed by a majority of all the members of the Lok Sabha. Such a resolution can be moved only after giving 14 days’ advance notice.
• The doctrine of Pleasure of the President is not applicable to the speaker of Loksabha. Hence, statement 1 is not correct.

Statement 2:
The speaker is elected generally in the first meeting of the Lok Sabha following general elections. Serving for a term of five years, the speaker is chosen from sitting members of the Lok Sabha (House of the People) and is by convention a member of the ruling party or alliance.
At the time of the election of the speaker, he necessarily should be a member of the Loksabha. Hence, statement 2 is not correct.

Statement 3:
If the Lok Sabha Speaker wants to resign the letter of his / her resignation has to be addressed to the Deputy Speaker. Both, the Loksabha Speaker and Deputy Speaker of Loksabha can send the resignation letter to each other while resigning from the post. Hence, statement 3 is correct.
Therefore, the correct answer is option B: 3 only.

The Telangana Legislature is currently bicameral. The lower house is called the Telangana Legislative Assembly. The upper house, known as the Telangana Legislative Council, has lesser powers than the Assembly and several of its members are nominated by the Assembly.

Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana and Uttar Pradesh, have bicameral Legislatures, rest all has Unicameral Legislatures.

Answer:
The correct amendment act that amended the Preamble is the 42nd Amendment, 1976. Here is a detailed explanation:
Explanation:
The Preamble to the Constitution of India is a brief introductory statement that sets out the guiding principles and objectives of the Constitution. It was adopted by the Constituent Assembly on 26th November 1949.
However, the Preamble has been amended once in the history of the Indian Constitution. The 42nd Amendment, 1976, made several changes to the Preamble. It added three new words - "Socialist", "Secular", and "Integrity" - to the Preamble, making it read as "We, the people of India, having solemnly resolved to constitute India into a Sovereign Socialist Secular Democratic Republic and to secure to all its citizens: Justice, social, economic and political; Liberty of thought, expression, belief, faith and worship; Equality of status and of opportunity; and to promote among them all Fraternity assuring the dignity of the individual and the unity and integrity of the Nation."
The 42nd Amendment also emphasized the importance of the Preamble by stating that it is a part of the Constitution and its provisions shall not be enforceable by any court. This amendment was introduced during the period of the Emergency and aimed to bring about significant changes in the structure and functioning of the Indian Constitution.
To summarize, the correct answer is A: 42nd Amendment, 1976, which amended the Preamble of the Indian Constitution.

Bhilai Steel Plant was set up with the help of the USSR in 1955. Bhilai Steel Plant (BSP) is eleven-time winner of the Prime Minister's Trophy for best integrated steel plant in the country.

Bokaro Steel Plant - the fourth integrated plant in the Public Sector - started taking shape in 1965 in collaboration with the Soviet Union.

Answer: a

Explanation: Adjournment motion is introduced in the Parliament to draw attenation of the House to a definite matter of urgent public importance, and needs the support of 50 members to be admitted. As it interrupts the normal business of the House, it is regarded as an extraordinary device. It involves an element of censure against the government and hence Rajya Sabha is not permitted to make use of this device. The discussion on an adjournment motion should last for not less than two hours and thirty minutes. The right to move a motion for an adjournment of the business of the House is subject to the following restrictions:

• It should raise a matter which is definite, factual, urgent and of public importance;
• It should not cover more than one matter;
• It should be restricted to a specific matter of recent occurrence and should not be framed in general terms;
• It should not raise a question of privilege;
• It should not revive discussion on a matter that has been discussed in the same session;
• It should not deal with any matter that is under adjudication by court; and
• It should not raise any question that can be raised on a distinct motion.

Ans: d

Explanation: Money Bill as defined under Article 110 of the Constitution is any Bill dealing with all or any of the matters enumerated from (a) to (g) of the same Article shall be a Money Bill. These are:

a.    Imposition, abolition, remission, alteration or regulation of any tax.

b.    Regulation of the borrowings of money or giving of guarantee by the Government of India.

c.    Custody of the Consolidated or Contingency Fund of India, payment into or withdrawal of money from any such fund.

d.    Appropriation of money out of the Consolidated Fund of India (CFI).

e.    Declaring any expenditure as 'Charged' on the CFI.

f.     Receipt or issue of money from the CFI and audit of the accounts of the Union or the States.

g.    Any matter incidental to any of the matter specified in the sub-clauses (a) to (f).

Attorney-General of India
The Attorney-General of India is the highest law officer in the country. Here are some key points about the Attorney-General of India:
1. Right of Audience in all courts:
- The Attorney-General of India has the right of audience in all courts in India.
- This means that they can appear and represent the Government of India in any court, including the Supreme Court and High Courts.
2. Appointment and Term of Office:
- The Attorney-General of India is appointed by the President of India.
- The term of office and remuneration of the Attorney-General are also decided by the President.
3. Advises the Government:
- One of the primary roles of the Attorney-General of India is to provide legal advice and opinions to the Government of India.
- The Attorney-General offers legal guidance on various matters, including constitutional issues and important legal cases.
4. Duties and Responsibilities:
- The Attorney-General represents the Government of India in legal matters and court proceedings.
- They also act as the chief legal advisor to the government and its various departments.
- The Attorney-General represents the government's interests in cases where the government is a party.
Therefore, the correct answer is (D) All the above, as all the statements mentioned in options A, B, and C are true about the Attorney-General of India.

Answer: c

Explanation

Protection in respect of conviction for offences-

1.    No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the Act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.

2.    No person shall be prosecuted and punished for the same offence more than once.

3.    No person accused of any offence shall be compelled to be a witness against himself.

This protection is available against the following three types of convictions:
a) Ex-post facto legislation

·         This means enacting a law and giving it a retrospective (i.e. from a previous date / year) effect.

·         This power has been conferred to the Parliament by the Constitution.

·         This is applicable only for civil legislations while criminal legislation cannot be given retrospective effect.

b) Double Jeopardy

·         This means that an individual can be punished for a crime only once and also not beyond the period prescribed by the authority.

·         If any law provide for double punishment such a law would be void.  The Article, however, does not give immunity from proceedings other than proceeding before a court or a Tribunal.

·         Hence a govt. servant who has been punished for an offence in the court of law may not be subjected to departmental proceedings for the same offence or conversely.

c) Prohibition against self incrimination

·         It is the duty of the prosecution to prove the offence.

·         No person who is accused of an offence will be compelled to give witness against himself.

Answer: b

Explanation: Article 44 states that the State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India. By uniform civil code, it is meant that all sections of society irrespective of their religion shall be treated equally according to a national civil code, which shall be uniformly applicable to all.

·         Civil code covers areas like marriage, divorce, maintenance, inheritance, succession of property and adoption.

·         Uniform civil code (UCC) has been provided under Art 44 of the Constitution as a directive principle.

·         It will enhance the status of women and therefore, it is vitally desired to achieve the empowerment of women.

·         Articles 25 and 26 guarantee right to freedom of religion and UCC is not opposed to secularism or will not violate these articles.

·         Marriage, succession and like matters are of secular nature and, therefore, law can regulate them.

·         The UCC will not and shall not result in interference of one's religious beliefs relating, mainly to maintenance, succession and inheritance. But in matters of inheritance, right to property, maintenance and succession, there will be a common law.

Answer:
The power to summon or prorogue both the Houses of Parliament and dissolve the Lok Sabha is under the Legislative Powers of the President. Here is a detailed explanation:
1. Legislative Powers:
- The President of India is the head of the state and exercises various powers and functions, including legislative powers.
- The President has the power to summon both the Houses of Parliament (Lok Sabha and Rajya Sabha) for a session.
- The President can also prorogue (end) the sessions of both Houses.
- Additionally, the President has the power to dissolve the Lok Sabha, which leads to the calling of fresh elections.
2. Executive Powers:
- The executive powers of the President include the appointment and removal of various high-ranking officials, such as the Prime Minister, Council of Ministers, Governors, etc.
- However, the power to summon, prorogue, and dissolve the Parliament falls under the legislative powers of the President.
3. Emergency Powers:
- The President also has emergency powers, which can be invoked in times of national emergency, i.e., during war, external aggression, or armed rebellion.
- However, the power to summon, prorogue, and dissolve the Parliament is not directly related to emergency powers.
4. None of these:
- This option is incorrect as the power to summon, prorogue, and dissolve the Parliament is indeed vested in the President under the legislative powers.
In conclusion, the correct answer is option A: Legislative Powers.

Answer: d

Explanation:

In order to qualified for the election of the vice-President a person must be:

• A citizen of India
• Over 35 years of age
• Must not hold any office of profit
• He must be qualified for the election as a member of “Council of States”.

Effects of the dissolution of the Lok Sabha on the pending Bills The Bill pending in the Parliament lapses on prorogation of the House. Bill pending in the Rajya Sabha and which has not been passed by the Lok Sabha yet, Does not lapse on the dissolution of the Lok Sabha. Bill pending in the Lok Sabha or Bill has been passed by the Lok Sabha and pending in the Rajya Sabha shall LAPSE on the dissolution of the Lok Sabha but such a Bill can be saved by President by calling a joint sitting of both Houses of Parliament.

Governors of the states, Attorney General of India, Civil Sevices Personal, Council of Ministers and Prime Minister hold the office during pleasure of President.
Article 75 clearly states that the Council of Minister is collectively responsible to the Lok Sabha, hence it is incorrect.
It is the duty of the Prime Minister to communicate to the president all decisions of councils of Minister relating to the administration of the affairs of union and proposal for legislation.

Answer: d

Explanation:The President of India, on the advice of the lieutenant governor, appoints the chief minister, whose council of ministers is collectively responsible to the assembly.

Correct Answer :- b

Explanation : Three CAG reports i.e. audit report on appropriation accounts, audit report on finance accounts and audit report on public sector undertakings are examined by PAC. At the central level, these reports are submitted by CAG to president, who makes them to be laid in parliament.

It is introduced in the Parliament by a minister.

Answer: c

Explanation:The Rajya Sabha has restricted powers with regard to a money bill. It cannot reject or amend a money bill. It can only make the recommendations. It must return the bill to the Lok Sabha within 14 days, wither with or without recommendations. The Lok Sabha can either accept or reject all or any of the recommendations of the Rajya Sabha. If the Lok Sabha accepts any recommendation, the bill is then deemed to have been passed by both the Houses in the modified form. If the Lok Sabha does not accept any recommendation, the bill is then deemed to have passed by both the Houses in the form originally passed by the Lok Sabha without any change.

Answer: d

Explanation:In the Kesavananda Bharati case(1973), the Supreme Court rejected the earlier opinion and held that Preamble is a part of the Constitution.

Answer: d

Explanation:The Constitution of India contains the following provisions with regard to the enactment of budget:

1. The President shall in respect of every financial year cause to be laid before both the Houses of Parliament a statement of estimated receipts and expenditure of the Government of India for that year.

2. No demand for a grant shall be made except on the recommendation of the President.

3. No money shall be withdrawn from the Consolidated Fund of India except under appropriation made by law.

4. No money bill imposing tax shall be introduced in the Parliament except on the recommendation of the President, and such a bill shall not be introduced in the Rajya Sabha.

5. No tax shall be levied or collected except by authority of law.

6. Parliament can reduce or abolish a tax but cannot increase it.

Supplementary Grant It is granted when the amount authorised by the Parliament through the appropriation act for a particular service for the current financial year is found to be insufficient for that year.

Additional Grant It is granted when a need has arisen during the current financial year for additional expenditure upon some new service not contemplated in the budget for that year.

Exceptional Grant It is granted for a special purpose and forms no part of the current service of any financial year.

Answer: d

Explanation:

• No person shall be a citizen of India or be deemed to be a citizen of India, if he has voluntarily acquired the citizenship of any foreign state (Article 9).
• Every person who is or is deemed to be a citizen of India shall continue to be such citizen, subject to the provisions of any law made by Parliament (Article 10).
• Parliament shall have the power to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship (Article 11).

• Equality before law and equal protection of laws (Article 14)
• Equality of opportunity in matters of public employment (Article 16)
• Prohibition of traffic in human beings and forced labour (Article 23)
• Freedom to manage religious affairs (Article 26)
•  Freedom as to attendance at religious instruction or religious worship in certain educational institutions. (Article 28).

Answer: a

Explanation:The Supreme Court (under Article 32) and the high courts (under Article 226) can issue the writs of habeas corpus, mandamus, prohibition, certiorari and quo-warranto. Further, the Parliament (under Article 32) can empower any other court to issue these writs. Since no such provision has been made so far, only the Supreme Court and the high courts can issue the writs and not any other court. Before 1950, only the High Courts of Calcutta, Bombay and Madras had the power to issue the writs. Article 226 now empowers all the high courts to issue the writs.

Answer: d

Explanation:All other mentioned bills require Simple Majority.

State Legislative Assemblies are a part of the Electoral College for the election of the President of India but does not .form part of the forum for his impeachment.